DECEMBER 13, 1994 MINUTESC it_ r o£ Xrir'gi ia
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE ~AYOR WILLIAM D SESSOMS JR At Large
JOH~q A BAU~ Blackwater Borough
LINWOOD 0 BRANCtt Ill VtrDma Beach Borough
ROBERT K DEAN Princess Anne Borough
W W HARRISON JR Lynnhaven Borough
BARBARA ~ HE~ILEY Pungo Borough
LOUIS R JONES BaYs~de Borough
JOHN D MObS At Large
NANCY K PARKER At Large
LOUISA k'l STRAYHORN Kempsmlle Borough
OUR
JAMES K SPORE Czty Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH CMC / AAE Ctty Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456-9005
{8041 427 430~
DECEMBER 13, 1994
I. CITY MANAGER'S BRIEFINGS
- Council Chamber -
10:00 AM
Ao
B.
COMMUNITY SERVICES BOARD ALTERNATIVE STRUCTURES
Dr. Dennis Wool, Director, Mental Health/Mental Retardation/Substance Abuse
SPECIAL EVENTS CONTRACT
Rick Berry, Purchasing Agent
II. INFORMAL SESSION
- Council Chamber -
12:00 NOON
A.
a.
C.
Do
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
CITY COUNCIL CONCERNS
RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION-
Reverend Jack Austin
F~rst Christian Disciples of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - December 6, 1994
I
G.
PUBUC HEARING
.
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, TO BE PRESENTED TO THE 1995 GENERAL ASSEMBLY
a. Section 3.04-
b. Section 6.05-
c. Section 16.03 -
d. Section 16.04 -
e. Section 20.03 -
f. Section 20.11 -
g. Section 20.12-
Compensation for Council Members
Two-thirds Vote re Bond Referendum
Office of School Superintendent
Election Date of School Board
Fees re Civil Actions
High Constable
Justices of the Peace
H.
RESOLUTIONS
,
Resolution to request the General Assembly provide legislation to AMEND certain sections
of the City of Virginia Beach's Charter:
a.
Section 3.04 re Compensation for Council Members
b. Section 6.05
c. Section 16.03
d. Section 16.04
re Two-thirds Vote re Bond Referendum
re Office of School Superintendent
re Election Date of School Board
e.
ADD:
Section 20.03 re Fees re Civil Actions
g,
DELETE:
Section 20.11 re High Constable
Section 20.12 re Justices of the Peace
,
Resolution to authorize a Homeless Advisory Committee to be appointed by the City
Manager.
.
Resolution to authorize the Secure Juvenile Detention Facility Needs Assessment;
authorize the City Manager to submit the Assessment for State approval; proceed with the
planning study and agreements; extend the current Agreement with the City of
Chesapeake for use of the Tidewater Detention Home; and, explore further options.
,
Resolution to provide an additional retirement allowance to all eligible current and future
retirees of the City of Virginia Beach and the Virginia Beach School Board in the amount
of three percent (3%) of the applicable service or disability retirements payable under
State Law.
I. ORDINANCES
.
Ordinance to authorize the dedication of 1.4 acres of the Beach Services Center land to
the Virginia Beach Rescue Squad, Inc.; appoint the City Manager as Trustee; and,
authorize the City Manager to execute the related agreements between the City and the
Virginia Beach Rescue Squad, Inc.
.
Ordinance to authorize the City Manager to enter into an Agreement with Cellar Door
Productions of Virginia, Inc., re a general entertainment/major events program in the
Resort Area.
.
Ordinance to establish Acquisition Project//2-265 in the CIP for 1,192 acres, known as
Lake Ridge; and,
a.
b.
c.
TRANSFER $8,500,000 from various ClP projects.
APPROPRIATE $1,000,000 from the General Fund balance.
AUTHORIZE the City Manager enter into a Land Purchase Agreement.
.
Ordinance to TRANSFER $30,000 from within the FY 1994-1995 Economic Development
Operating Budget re search for an Economic Development Director.
.
Ordinances to AMEND and REORDAIN the Code of the C~ty of V~rg~nia Beach, Virginia:
a. Tow Trucks
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Section 21-419 re Definitions
Section 21-421 re Violations of division
Section 21-422 re Signs required on property
Section 21-424 re Release of vehicle prior to towing
Section 21-425 re Police notification of vehicle removal
Section 21-426 re Charges for towing and storage of vehicles
Section 21-429 re Miscellaneous prohibited acts by tow truck service or
operator
b.
Chapter 21, Article Xl, Division 4 re Residential Parking Permits
(1) Section 21-440.5 re Permits generally
(2) Section 21-440.10 re Fees
J,
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
.
Reciprocal Enforcement of Local Vehicle Licensing Requirements:
a.
Resolution to authorize the City Manager enter into compacts with the Cities of
Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth,
Suffolk, Williamsburg and the Counties of Gloucester, Isle of Wight, James City,
Mathews, Southampton and York.
b.
Ordinance to AMEND and REORDAIN Section 21-72 of the Code of the City of
Virginia Beach, Virginia, re display of local vehicle license decals.
.
Ordinance to APPROPRIATE $99,000 in revenues from the DEA seized property special
revenue fund balance to the DEA Seized Property Special Revenue Fund Operating
Budget re purchase of a replacement helicopter engine for the Police Department.
.
Ordinance to TRANSFER $75,000 within the Fire Programs Fund from the Fire Training
Center Enhancements and Renewal (partial) Capital Improvements Project (3-976) to the
Fire Programs Fund Operating Budget re purchase of additional communications
equipment.
.
Ordinance to authorize the City Manager to TRANSFER $1,316 from the General Fund
Reserve for Contingencies to the Police Department's FY 1994-1995 Operating Budget
re reimbursement to police officers for legal fees and expenses incurred in their defense
of charges brought against them arising out of the performance of their official duties
.
Ordinance to grant a franchise to Kitchin Corporation re operation of an open air cafe
at 205 25th Street, in the Resort Area.
K. PUBUC HEARING
1. PLANNING
a.
Application of UNDA TAYLOR CHAPPELL and Resolution to authorize the
construction of a nonconforming structure (residence) at 2599 Dam Neck Road,
containing 226.528 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
b.
Petition of EASTMAN ENTERPRISES, INC., for the discontinuance, closure and
abandonment of a portion of Dam Neck Road at the Southwest intersection of
Dam Neck Road and London Bridge Road, containing 27,799 square feet
(PRINCESS ANNE BOROUGH).
Deferred for Compliance:
June 14, 1994
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
C,
Application of JEANNE YEATES for a Variance to Section 4.4(d) of the
Subdiwsion Ordinance which requires all lots have direct access to a public street
on the North side of Yeates Lane, 319.60 feet East of Herons Gate
(LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
d.
Application of KEVlN CROUCH AND TOMMY GWALTNEY, JR. for a Conditional
Use Permit for a home occupation (audio production (studio) on the South side of
Brandon Road, 200 feet West of Wythe Lane (1009 Brandon Road), containing
21,500 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
e.
Application of USA M. WEBB for a Conditional Use Permit for a home Occupation
(day care) on the East side of Bernice Place, North of Silina Drive
(324 Bernice Place), containing 8,800 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
Application of ROYAL COURT, INC. for a Conditional Change of Zoning District
Classification from 0-2 Office District to A-12 Apartment District on the South side
Wishart Road, 225 feet more or less East of Independence Boulevard, containing
4.286 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
g.
Application of The Fraternal Order of Police Lodge Number 8 for a Change to
Proffer No. 1 in the April 12, 1994, approved Conditional Change of Zoning at
961 South Birdneck Road (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
h,
Application of GARY V. and WlLMA M. HOUSE for Changes of Conditions in the
June 1, 1987, approved open space promotion and subdivision variances for
Old Donation Farm Partnership (4136 Cheswick Lane) (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Application of the CITY OF VIRGINIA BEACH to amend and
Section 1409 of the WETLANDS ZONING ORDINANCE re permits.
Recommendation:
APPROVAL
reordain
L. APPOINTMENTS
COMMUNITY POLICY AND MANAGEMENT TEAM
(CSA At-Risk Youths and Families)
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
RESORT AREA ADVISORY COMMISSION (RAAC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS
a.
Resolution to request the Commonwealth Transportation Board and the Virginia
Department of Transportation (VDOT) conduct a study of the noise impact along
Interstate 64, South of the Route 44 intersection, and install sound barriers or
other devices on Interstate 64 for the benefit of the Western portion of Carolanne
Farms Subdivision.
(Sponsored by: Mayor Meyera E. Oberndod and
Council Member Louisa M. Strayhorn
b.
Ordinance to AMEND and REORDAIN Ordinance Number 2200D re the Review
and Allocation Committee (COIG).
(Sponsored by: Council Members Robert K. Dean and John D. Moss)
O. 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)
12/08/94.cmd
AGENDA\12-13-94.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 13, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING to the VIRGINIA
BEACH CITY COUNCIL tn the Council Chamber, City Hall Building, on Tuesday, December 13, 1994,
at 10:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D Sessoms
and Louisa M. Strayhorn
Council Members Absent:
None
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank, wzth the exception of The Fraternal Order of Police Lodge
Number 8. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's
interest in any application that may come before City Council. Vice Mayor Sessoms' letter of September
27, 1994, is hereby made a part of the record
-2-
CITY MANAGER'S BRIEFING
COMMUNITY SERVICES BOARD ALTERNATIVE STRUCTURES
10:00 A34.
ITEM # 38642
Dr. Dennis Wool advised the one focus of the entire study: "How does the Board assure that the City's
most vulnerable population, indtviduals who are severely mentally disabled and chronically medically ill,
would have the same continuity and care of service as exists at the present time?" This study has not been
viewed from an economic prospective or a personal and professional prospective.
Dr. Dennis Wool, advised the main issue re Medicaid revenues is every Governor in the United States
is investigating capping the cost of Medicaid. Forty-four states have converted their Medicaid programs
into a managed health care environment. This is important as Virginia is likely to go in this direction.
This will not be known specifically until the Governor makes his budget presentation on Monday,
December 19, 1994. Last year, the General Assembly converted part of the AFDC for Medicaid into a
managed care environment. No longer do the funds come directly to the Community Services Board, they
will now go to a private tnsurer, who the Board must contract to provtde the same services the Board
previously provtded. In order to parttctpate in an HMO for payment, an organizatton of providers must
join that HMO. In order for the Board to be a participant, tt must jotn one of the Health Care networks
The Community Services Board is examtning the drtving forces behind managed health care:
Consumer choice and satisfaction
Rate setting and unit cost comparison
Utilization management
Outcome evaluation
An assessment was performed last Fall to research the dependency relationshtp between the Community
Services Board and the ten Ctty Departments, which support the efforts of the Board. Other state models
were also reviewed. The Robert Wood Johnson Foundation invested SS-MILLION tn five cities over five
years to create alternative models to the Community Mental Health System. The Board and members of
the staff vistted the Baltimore program. Technical assistant personnel from the Robert Wood Johnson
Foundation visited the City yesterday, Monday, December 12, 1994. The Board has sent representatives
to attend statewide and regional meetings on managed care and the National Councd Meeting in Chtcago
and Washington. In Ohio, Massachusetts, Georgia, Oregon, Texas and California, the systems have
converted to regional oversight boards, which already exist in Virgima. There is a regional board that
serves the City of Virginia Beach Within the City of Boston, there are 17 mental health centers, none of
which were coor&nated Virginia Beach has one (1) mental health center coordinated under the
Community Services Board.
Dr. Wool cited the four (4) alternative models:
(1) Remain as a City Department and wait and see what happens.
(2) Establishing a non-profit corporation to replicate what the
Department of Mental Health recommended in their VISIONS'
PLAN under Dr. Krug Davis.
Become a Metro Community Services Board, linldng with the
Boards in Portsmouth, Norfolk, and Chesapeake. Each one of
these CSBs represents only one locality.
(4) Create a Mental Health Authority.
Twenty-four communities in the State are multi-jurisdictionaL Only fourteen represent one single area.
December 13, 1994
-3-
CITY MANAGER'S BRIEFING
COMMUNITY SERVICES BOARD ALTERNATIVE STRUCTURES
ITEM # 38642 (Continued)
The Creation of a Mental Health Authority, seemed the preferred alternative. The City Council would
continue to appoint the Board of Directors and have control over its operation. Its function would have
to be in the public domain. Chesapeake General Hospital is a Hospital Authority. Its Board of Directors
are appointed by the Chesapeake Ctty Council and its records and operation are ail pubhcly accountable.
It is very successfully competing in the Health Care marketplace. The City of Richmond is performing the
same study and has secured Dr. Judy Bradford at the Center for Public Policy at Virginia Commonwealth
University to conduct a national research study on alternative models for the Commumty Services Board.
The outcome of thetr study was to recommend the Community Services Board be converted into a Mental
Health Authority.
The Community Services Board's concern ts the funds received from the Federal and State Government
will be placed into managed care. When that occurs, the City wdl no longer be able to participate in the
service delivery system, which means those funds wtll go into the private sector. The Board also
recognizes that when the funds run out, the clients are turned back to the Community and the public
sector. If, in fact all the funds go, and there is no public sector to ptck up the pieces, the City will be
back to where it was in 1965 with a fragmented and a disorganized system. Individuals, who are
currently very successfully living in the community, will show up at Social Services and the Jad. The
Board's concern is with the $4-1/2 MILLION of Medicaid revenue currently coming into the City and
under the Board's direction. If Governor Allen suggests the conversion of the State Medicaid into a
managed care environment; in all likelihood Virginia Beach and the Community Services Board will not
be the providers, unless the City is able to engage in a free enterprise competitive bidding process for
those dollars and the continued service to patients.
It is the Board's recommendation that the City Council support permissive legislation that will be
introduced into the General Assembly this session. Cities and Counties that have organized their
Community Services Board into Departments of local government may convert those CSB's into alternative
entities. The Board ts requesting Ctty Councd not take a definitive action to create a Mental Health
Authority, but support permtssive legtslative that would allow the creaaon of an alternaave down the road,
if the economics of managed health care require same
Every citizen who comes to Community Services, comes "voluntarily" for services. There are about 400
volunteers a month who work tn the organization. There are 11 different groups from the Friends of Infant
Stimulation, who have bmlt a $1/4-MILLION building on the Wychff Presbyterian Church grounds to the
Friends of Beach House, Older Adults, et cetera. Commumty Services could not operate without a
significant amount of community participation. Bisnik, a group consisting of business representatives, is
in the process of buying houses and giving them to the Community Services Program to house individuals
with representatives. The Police Sargeant's Association is gotng to give the Program 300 turkeys at
Christmas. The Board recognizes it could not function without this support system.
Vice Chairman Eddy H. Whichard advised the Board had come to a position approximately three months
ago, In the event the environment the Board works and lives in changes, the Board wishes to have the
latitude to allow some of their clients to obtain services in the private sector environment, if it is, in fact,
the right thing to do. The Board would advocate these clients leavtng particularly, if the service were as
good or better than offered. In the event the health care system changes, the Board wants to have only
the latitude to change with lt.
December 13, 1994
-4-
CITY MANAGER'S BRIEFING
SPECIAL EVENTS CONTRACT
11:10 A. M.
ITEM it 38643
Rick Berry, Purchasing Agent, advised on December 13, 1993, City Council authorized and directed the
City Manager to develop and issue a Request for Proposal (RFP) re: Entertainment/Events program in
the Resort Area, and make a recommendation for the selection of a contractor for the program by
December 31, 1994 In accordance with standard procurement laws, pohcies and procedures, the Ctty
issued RFP it1990 for the selection of a contractor to provide for entertainment programs for the resort
area.
Proposals were received from the following firms:
B-D Imaginings
Cellar Door
Ocean Breeze Fun Park (OBFP)
Virginia Beach Events Unlimited (VBEU)
In order to proceed with the RFP process an Evaluation Committee was estabhshed.
Larry Davenport
Department of Finance
Lee Edmondson
Convention and Visitor Development
John McConnell
Department of Finance
Diane Roche
City Manager's Office
Susan Walston
Parks and Recreation
Gretchen Wolfe
Department of Management and Budget
Based on the evaluation criterta stated tn the RFP, the committee used the following evaluation matrix
to asstst in the evaluation and ranlang of the proposals
SCORING
EVALUATION CRITERIA MAX POINTS SCORE
Experience 25
Capability & Sldlls 25
25
Responsiveness of written
proposals to the purpose and
scope of services.
Price 25
TOTAL 100
December 13, 1994
-5-
CITY MANAGER'S BRIEFING
SPECIAL EVENTS CONTRACT
ITEM # 38643 (Continued)
Each committee member individually evaluated and scored each of the proposals using the evaluation
matrix. The individual scores were then averaged to obtain a mean score for each proposal. Based on the
mean scores, the proposals were initially ranked as follows:
Rank Firm
1 Cellar Door
Virginia Beach Events Unlimited
B-D Imaginings (B-D)
Ocean Breeze Fun Park
The RFP Committee unanimously recommended a contract be awarded to Cellar Door, the most
advantageous proposal, at an annual cost of $255.000. Mr. Berry reiterated some of the major advantages
of Cellar Door:
A substantially lower administrative cost: $294,947 ($255,000 plus
estimated commission of $39,947), versus an administration fee of
$353,329 by Virginia Beach Events Unlimited.
Ability to obtain volume discounts and services such as radio air time,
entertainment, equipment et cetera
Ability to contact a wide variety of acts directly from around the country
for the major events This eliminated the mtddle man and the need for
sul~contractin g.
Strong financial background and resources.
Offered to remit their booking commissions and finders'fees into the
City program fund.
Responded to the bonding and insurance requirements to protect the
City's interests.
Demonstrated experience in providing entertainment services nationwide
and locally and have a reputation as being nationally known for live
entertainment performers.
Cellar Door offered to provide approximately $100,000 worth of additional program servtces for a fee
of $58,000 less than the second rank offer.
The top ranked offers were both highly qualified firms The Committee's choice was extremely difficult,
but based on the criteria, reached a unanimous decision.
The Neptune Festival was not a part of the scope of work initially solictted.
December 13, 1994
-6-
CITY MANAGER'S BRIEFING
SPECIAL EVENTS CONTRACT
ITEM # 38643 (Continued)
EVENT ANAL YSIS CELLAR DOOR/VBEU
CELLAR DOOR
VIRGINIA BEACH
EVENTS
UNLIMITED
DIFFERENCE
City Appropriations: $ 863,941 $ 863,941 0
Cash Sponsorships,
Concessions & Other
Revenues
$ 864,400
$ 929,5o0
$ 65,1oo
In-lO'nd Services $ 634,750 $ 600,000 $ 34,750
$2,328,341
Total Program
$2,428,191
$ 99,850
Administrative Fees $ 294,947 $ 353,329 $ 58,382
ADMINISTRATIVE FEE SUMMARY
CELLAR DOOR/VBEU
PROJECTED CASH ADMIN. FEE ADMIN. FEE DIFFERENCE
SPONSORSHIPS & CELLAR DOOR VA. BEACH
CONCESSION EVENTS
REVENUES UNLIMITED
$283,450*
(1994 Actual) $255,000 $353,329 ($98,329)
$404,500
(Cellar Door's $294,947 $353,329 ($58,382)
Projection)
$448,400
(VBEU'S Projection) $309,434 $353,329 ($43,895)
$581,416
(Break Even) $353,329 $353,329 0
*$100,437 from American Music Festival
December 13, 1994
-7-
ITEM # 38644
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BE,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 13, 1994, at 12 '00 P.M.
Council Members Present:
John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Absent.
None
December 13, 1994
-8-
ITEM # 38645
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose.
PERSONNEL MATTERS; Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, chsciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2 1-344 (A) (1).
To Wit. Appointments. Boards and Commisstons:
Community Policy and Management Team - CSA
Commumty Services Board
Francis Land House Board of Governors
Planning Commission
Resort Area Advisory Commisston
PUBLICLY-HELD PROPERTY: Discussion or constderation of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such tnstttution pursuant to Section 2.1-344(A)(3).
To-Wit: Acquisition of Property - Lake Ridge
Seatack Community Center
Virginia Beach Borough
LEGAL MATTERS. Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertatning to actual or probable
htigation, or other specific legal matters requestmg the provision of legal
advice by counsel pursuant to Section 2 1-344(A)(7).
To-Wit: Legal Issues - Lake Gaston
- Ferry Farm
Centex-Simpson Construction Company, Inc. v Ci~_ of Virginia Beach, et al
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss. Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
December 13, 1994
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
December 13, 1994
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 13, 1994, at 2:00 P.M.
Council Members Present.
John A. Baum, Linwood 0 Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessorns,
Jr. and Louisa M. Strayhorn
Council Members Absent.
None
INVOCATION:
Reverend Jack Austin
First Christian Disciples of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
December 13, 1994
- 10 -
Item III-E. 1.
CERTIFIC,4TION OF
EXECUTIVE SESSION
ITEM # 38646
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only publtc business matters lawfully exempted from Open Meeting
requirements by Virgima law were &scussed tn Executive Session to
which this certificatton resolution applies,
AND,
Only such public business matters as were identified tn the motton
convening the Executive Session were heard, discussed or considered by
Virginia Beach Ctty Council.
Voting: 11-0
Council Members Voting Aye.
John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
ttarrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor
Meyera E. Oberndo~ Nancy IC Parker, Louisa M. Strayhorn and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent'
None
December 13, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM # 38645, Page No. 8, and in accordance with
thc provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
h Hodges Smith, CMC/AAE
City Clerk
December 13, 1994
- 11 -
Item III-F. 1.
MINUTES
ITEM # 38647
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of December 6, 1994, as AMENDED:
ITEM # 38613, Page 18
Ordinance to authorize the City Manager to execute an acceptable Lease
Agreement with Brassie Golf Corporation/The Gauntlet at Virginia
Beach, Inc., re approxtmately 185 acres of city property for the
construction, maintenance and operation of an eighteen- (18) hole public
golf course plus related amenities (PRINCESS ANNE BOROUGH),
subject to:
That the City Manager is authorized to execute a lease agreement in a
form substantially the same as the agreement on file in the office of the
City Clerk and acceptable to the City Manager with Brassie Golf
Corporation/ The Gauntlet at Virginia Beach, Inc. for the purposes
referenced above, with the exception that Brassie Golf Corporation/The
Gauntlet of Virgima Beach, Inc., shall i~ot have the ability to take on
addia'oiml deb~, secured by leasehold mortgages with the approval of the
City Manager whose consent shall not be unreasonably withheld, after
h~ A~..'~..'._~! ~.l~l~_~ ..'~ _~;~,I Af~'.,.;.~LA...~ .si_ ......... 1 ~,t' fL.'.~., f~ ...... 21
tn no event shall the procee& q the leasehold mortgage be utdized for
any purpose other than the zm~rovement and enhancement of the site
premises.
ITEM # 38638, Page 45
Ordinance to APPROPRIATE $71r95-1- $60,050.16 from the General
Fund Balance to FY 1994-1995 Operattng Budget of the Department of
Convention and Visitor Development to address the shortfall of funding
for the American Music Festival. (Sponsored by Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Louisa M. Strayhorn and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
December 13, 1994
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT OF APPROXIMATELY 185
ACRES FOR THE CONSTRUCTION, MAINTENANCE AND
OPERATION OF A EIGHTEEN (18) HOLE PUBLIC GOLF
COURSE PLUS RELATED AMENITIES
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WHEREAS, the City presently owns or holds a property
interest in 185 acres located along Seaboard Road that may be
leased and developed for the construction, maintenance and
operation of a public golf facility with related amenities; and
WHEREAS, Council authorized the City Manager to invite
bids for a 30-year lease with a 10-year renewal option for the
construction, maintenance, and operation of a 18-hole public-use
golf facility at this site; and
WHEREAS, after the bids were received and evaluated, the
bid submitted by Brassie Golf Corporation was selected by Council
as being in the City's best interest; and
WHEREAS, during the golf course design process, the City,
Brassie Golf Corporation, and Williams Holding Corporation, as the
contiguous residential developer, determined that the optimal golf
course configuration may be achieved through an exchange of like
properties between the City and Williams Holding Corporation;
pursuant to City Council's request by Ordinance No. 94-2299D, dated
November 8, 1994, the City Manager and Williams Holding Corporation
executed an Agreement to exchange approximately 17 acres of
property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to execute a lease
agreement in a form substantially the same as the agreement on file
in the Office of the City Clerk and acceptable to the City Manager
with Brassie Golf Corporation/ The Gauntlet at Virginia Beach, Inc.
for the purposes referenced above, with the exception that Brassie
Golf Corporation/The Gauntlet of Virginia Beach, Inc. shall no%
have the ability to take on additional debt~ secured by leasehold
mortgages with the approval of the City Manager whose consent shall
ig'
not be unreasonably withheld, after the or Inal~ ~o~- ~ ~
'ty ~
............. ~ ...... f C~~,.~ .... but in no event shall the
proceeds of the leasehold mortgage be utilized for any purpose
other than the improvement and enhancement of the s-i-t-e premises.
Adopted by the Council of the city of Virginia Beach,
Virginia, on the § day of D~mber , 1994.
CA-5806
ORDIN\NONCODE\BRASSIE.ORD
R-1
12/12/94
- 12 -
Item III-F. 2.
ANNOUNCEMENT
ITEM # 38648
Mayor Oberndorf ANNOUNCED the first tenant for CORPORATE LANDING: the national
headquarters for AI-Anon. This will be a 30,000 square foot building and will provide 60 jobs.
BY CONSENSUS, City Council directed a Resolution and PUBLIC HEARING for tax exempt status be
advertised for the City Council Session of January 3, 1994.
December 13, 1994
- 13 -
Item III-G. 1.
PUBLIC HEARING
ITEM # 38649
Mayor Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, TO BE PRESENTED TO THE 1995 GENERAL ASSEMBLY
Section 3.04 - Compensation for Council Members
Section 6.05 - Two-thirds Vote re Bond Referendum
Section 16.03 - Office of School Superintendent
Section 16.04 - Election Date of School Board (REMOVED FROM THE AGENDA)
Secaon 20.03 - Fees re Ctvd Actions
Section 20.11 - High Constable
Section 20 12 - Justices of the Peace
The following registered to speak:
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 499-9569, spoke relative Section
3.04 - Compensation for Council Members.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 13, 1994
- 14 -
Item III-H. 1.
RESOLUTIONS
ITEM # 38650
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED, AS
AMENDED:
Resolution to request the General Assembly provide legislation to
AMEND certain sections of the City of Virginia Beach's Charter:
Section 3.04 re Compensation for Councd Members
Section 6.05 re Two-thirds Vote re Bond Referendum
Section 16.03 re Office of School Superintendent
Section 20 03 re Fees re Civd Actions
DELETE:
Section 20.11 re High Constable
Section 20.12 re Justices of the Peace
Section 16.04 re Election Date of School Board was PULLED from the Agenda.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Robert K~ Dean, William W..
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy I~ Parker. Vice Mayor Willtam D Sessoms,
Jr., and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
TO AMEND THE CHARTER OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
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WHEREAS, the City of Virginia Beach desires the General
Assembly to amend the City's Charter;
WHEREAS, § 15.1-835 of the Code of Virginia provides that
"[i]n lieu of the election [referendum] provided for in § 15.1-834,
a county or municipal corporation desiring the General Assembly...
to amend its existing charter may hold a public hearing with
respect thereto, at which citizens shall have an opportunity to be
heard to determine if the citizens of the county or municipal
corporation desire that the county or municipal corporation request
the General Assembly...to amend its existing charter";
WHEREAS, pursuant to the provisions of § 15.1-835, the
City of Virginia Beach advertised a notice of public hearing and an
informative summary of the proposed Charter amendment at least ten
days prior to the scheduled public hearing;
WHEREAS, the aforementioned public hearing was held on
December 13, 1994; and
WHEREAS, based on the comments received from citizens at
the public hearing, City Council desires to proceed with requesting
the General Assembly to amend the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to § 15.1-835 of the Code of Virginia, the
General Assembly is hereby requested to introduce a bill in its
1995 Session to amend the City's Charter in the manner provided in
the "Proposed Amendment to the Charter of the City of Virginia
Beach" which is attached hereto as Exhibit A, and is hereby
incorporated by reference.
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BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to transmit (1)
the publisher's affidavit showing that a notice of public hearing
and informative summary were duly advertised as required by § 15.1-
835 of the Code of Virginia; (2) certification that the advertised
public hearing was held at the Council's regularly-scheduled
meeting on December 13, 1994; and (3) a certified copy of this
Resolution, to one or more members of the City's local delegation
to the General Assembly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of December , 1994.
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CA-5761
ORDIN\NONCODE\CHARTAM1.RES
R-3
PREPARED: 12/13/94
EXHIBIT A
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PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
BY AMENDING SECTIONS 3.04, AND
6.05:1, DELETING SECTIONS 16.03,
20.11 AND 20.12, AND ADDING SECTION
20.13
Sec. 3.04. Compensation of members of council; appointment of
member to office of profit.
Councilmcnmembers and the mayor shall receive as compensation
for their services such amounts as the council may determine, not
......... ~ ........ ~ ..... ~ $"~ ~ per annum for
to exceed ~o~v,O00 ~ .................... i ............. ,v~
thc mayor the maximum amounts allowable pursuant to § 14.1-47.2 of
the Code of Virginia (1950), as amended. No member of the council
shall be appointed to any office of profit under the city
government during the term for which elected and for one year
thereafter.
Sec. 6.05:1. Authority for issuance of bonds.
(a) No bonds of the city shall be issued until their issuance
shall have been authorized by an ordinance adopted by the
affirmative vote of two-thirds of all members of the council and
approved by the affirmative vote of a majority of the qualified
voters of the city voting on the question at an election called and
held for the purpose and in the manner provid~ed by law for
submitting any question or proposition to the voters,= providcd
(b) No election shall be called pursuant to subsection (a) of
this section unless the calling of such an election is approved by
the affirmative vote of two-thirds of all members of the council.
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(c) ~onds and other obligations shall not be subject to the
.... ~ ....~ requirements of subsection (a) of this section if they
are +a+ (i) of a type excluded from the computation of indebtedness
of cities and towns under section 10(a) of article VII of the
Constitution and are authorized and issued so as to satisfy the
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conditions for exclusion set forth therein or +b~ (ii) refunding
bonds; provided, further, that the council may, without submitting
the question of their issuance to the qualified voters, issue bonds
or other obligations in any calendar year for any proper purpose in
such amounts as shall not increase the total indebtedness of the
city, as determined in the manner set forth in section 10(a) of
article VII, by more than ten million dollars above the amount of
such indebtedness at the beginning of such calendar year. For the
purposes of this paragraph, the terms "bonds", "other obligations"
and "indebtedness" shall not include contractual obligations of the
city other than bonds and notes. For purposes of the amounts of
bonds or other obligations that may be issued in any calendar year
without an election, there shall not be included (i) bonds or other
obligations that were approved at an election and (ii) refunding
bonds in each case issued in such year. Authorized bonds or other
obligations which could have been issued without an election on
December thirty-one in the year they were authorized may be issued
in a subsequent year without affecting the annual limitation for
such subsequent year.
(d) The total indebtedness of the city as determined in
accordance with the provisions of article VII, section 10 of the
Constitution shall not at any time exceed ten per centum of the
assessed valuation of the real estate in the city subject to
taxation, as shown by the last preceding assessment for taxes, nor
shall the limitations imposed by the preceding paragraph on the
issuance of bonds or other obligations in any calendar year without
a referendum be increased, until after such questions shall have
been submitted to the voters of the city in a referendum held
pursuant to section 3.09 of this Charter.
Bec 16 03
[Rese=Yed.]
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Sec. 20.03. General district court fees.
In all civil actions filed by the city in the general district
court, the city shall be exempt from the pasrment of fees otherwise
required by general law.
Sec. 20.11. ":-~ .... ~.~,A [R ]
...~ ............. eserved.
Thc ...... ~1 ~h~ll .... ~-~ ~_~ .... 4-~1.~ %'ho shall s .... at
Sec. 20.12. v...~= .... ' ~ ...... [Reserve~ ]
...... t court ~ .......
......... ~ ....... ~ ........ h number of
to scrvu at its -~ ...... ' ' - .... '
~s .... Thc ]ust~ccg of thc ~ .... holding off icc
~AA~ ~ ~
off,cc .,,t~l thc ~ .... ~--~,,,~ ~.,,.~.,~ .......
Sec. 20.13.
C:unty. [Reserved
AAA %*A A %.- %-~ .~ %* ~ ~.AA A %* .~. ~. %* A A~.* .~. ~. ~,,.~ t.~r &LL&LL -~- ~,-~ t-) & ~,~ & & ~-.~ %--~ ~'~,~ ~ ~ ·
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Adopted by the city Council of the City of Virginia Beach on
this . day of ..... 1994.
CA-5761
DATA/ORDIN/NONCODE/CHARTE. AMD
DECEMBER 13, 1994
R2
- 15 -
Item III-H.Z
RESOLUTIONS
ITEM # 38651
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to authorize a Homeless Advisory Committee to be appointed
by the City Manager.
Voting. 11-0
Council Members Voting Aye.
John ./1. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
December 13, 1994
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
ESTABLISH A HOMELESS ADVISORY
COMMITTEE
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WHEREAS, the City wishes to utilize available funding for
addressing the problem of homelessness in the most effective way
and in a way which maximizes community support;
WHEREAS, the City has been notified of recent awards of
Federal funding and possible future awards of Federal funding for
activities in this regard; and
WHEREAS, Council recognizes the need for community input
in regard to expenditure of homeless funding and the location of
proposed homeless facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
to establish a Homeless Advisory Committee for the purpose of
developing recommendations for the use of the award of $800,000
received by the City; identifying priorities for the use of future
Federal and State homeless funding to be received; and identifying
gaps in current homeless programs that can be filled through the
use of Federal and State homeless program funds.
Individuals shall be appointed to the Committee by the
City Manager in accordance with the recommendation for proposed
membership set forth in the Policy Report entitled "Homeless
Policy" which is attached hereto as Exhibit A, and is hereby
incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13~ day of Dec~ber , 1994.
CA-5786
ORDIN\NONCODE\HOME. RES
R-1
PREPARED: 12 / 02 / 94
AP?ROV[D AS TO LEGAL
CITY ATTORNEY
- 16 -
Item III-H. 3.
RESOLUTIONS
ITEM # 38652
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to authorize the Secure Juvenile Detention Facility Needs
Assessment; authorize the City Manager to submit the Assessment for
State approval; proceed wtth the planning study and agreements; extend
the current Agreement wtth the City of Chesapeake for use of the
Tidewater Detention Home; and, explore further options.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr, Barbara M. Henley, Louis R Jones, John D Moss, Mayor
Meyera E Oberndo~ Nancy tC Parker, Vice Mayor William D. Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
December 13, 1994
RESOLUTION APPROVING THE SECURE JUVENILE
DETENTION FACILITY NEEDS ASSESSMENT AND AUTHORIZING
CERTAIN ACTIONS BY THE CITY MANAGER
WHEREAS, in February, 1994, the C~ty Council appointed a task force, the Juvemle Detenuon Needs Assessment Commattee,
7 to study the need for a secure juvenile detention facility ~n Virginia Beach as a follow-up to earher CIP acuon and as the first of two steps
$ reqmred to obtain State cost participation through the Board and Department of Youth and Family Services;
9 WHEREAS, based on the needs assessment which reviewed the City's rising juvemle arrest trends and mcreasmg use of detennon
'1 0 and alternative detention programs over the last 5-to-10 years, the Commattee deterrmned that the continued use of Tidewater Detenuon
'1 '1 Home and the alternanve programs alone will not meet all of Virginia Beach's secure detenuon needs by fiscal year 1999-2000,
3. 2 WHEREAS, to meet Virginia Beach's immediately foreseeable secure detention needs, a 40-to-50 bed secure detenuon facility
3. 3 located in V'trginia Beach will be needed by the fiscal year 1999-2000 in conjunction with contmued use of Tidewater Detenuon Home and
'l 4 the existing alternative less secure detention programs; and
3. 5 WHEREAS, this needs assessment is consistent with the C~ty's 1994-1995 Cap~ml Improvement Program,
'i 6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
'l 7 That the City Council approves the needs assessment for a secure juvemle detention facihty to be located m Virg~ma Beach, and
'l $ authorizes the City Manager to submit the needs assessment to the Board and Department of Youth and Family Services for State approval,
3. 9 BE IT FURTHER RESOLVED'
2 0 That upon State approval of the needs assessment, the C~ty Manager ~s authorized to move forward unmechately to lure an
2 3. arclutectural and engineenng firm to conduct a planning study for a 40-to-50 bed secure juvemle detenuon facthty incorporating shell space
2 2 and designed for ulumate expansion The planing study will also further analyze C~ty construcuon versus private development and lease-
23 back options; and
2 4 That the C~ty Manager is authorized to extend agreements w~th the C~ty of Chesapeake for use of Tidewater Detenuon Home, and
2 5 to direct City staff to explore further other options for less secure detention for appropriate juvemles
2 6 Adopted by the Council of the City of Virginia Beach, V~rginia on the 13th day of I2~e~-nber , 1994
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2 8 C:\CIP\94-95\JDETAGEN.REQ VOL. 41 SGH
2 9 Prepared' December 6, 1994
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
-17-
Item III-H. 4.
RESOLUTIONS
ITEM # 38653
The following registered in SUPPORT of the Resolution:
Bob Mathieson, 500 Boswell Court, Phone. 554-1500, represented the Police Benevolent Association
David Hewes, 6396 Blackwater Road, Phone: 421-2382, represented the Fraternal Order of Police
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Resolution to provide an additional retirement allowance to all ehgible
current and future rettrees of the City of Virginia Beach and the Virgima
Beach School Board tn the amount of three percent (3%) of the
applicable service or disability retirements payable under State Law.
Voting: 8-3
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr.,
Barbara M. Henley, Louts R. Jones, Mayor Meyera E. Oberndo~ Vice
Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Votzng Nay'
Robert tL Dean, John D Moss and Nancy IL Parker
Council Members Absent.
None
December 13, 1994
A RESOLUTION ELECTING TO PROVIDE AN ADDITIONAL
RETIREMENT ALLOWANCE TO ALL ELIGIBLE CURRENT
AND FUTURE RETIREES OF THE CITY OF VIRGINIA
BEACH AND THE VIRGINIA BEACH SCHOOL BOARD IN
THE AMOUNT OF THREE PERCENT OF THE APPLICABLE
SERVICE OR DISABILITY RETIREMENTS PAYABLE
UNDER STATE LAW
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WHEREAS, during a Special Session held in July of 1994,
the General Assembly enacted Senate Bill No. 2008 which states that
"[t]he governing body of any political subdivision approved for
participation in the [State] retirement system...may adopt a
resolution that provides, on or after October 1, 1994, an
additional retirement allowance not to exceed three percent of the
applicable service or disability retirement allowances...;" and
WHEREAS, City Council has determined that, effective
October 1, 1994, this additional retirement allowance should be
provided to all eligible current and future retirees of the City of
Virginia Beach and the Virginia Beach School Board in the amount of
three percent of the applicable service or disability retirement
allowances payable under State law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That pursuant to § 51.1-130 of the Code of Virginia,
City Council hereby elects to provide all current and future
retirees of the City of Virginia Beach under employer code 5-5234
(City employees), and all current and future retirees of the
Virginia Beach School Board under employer code 5-5534 (Non-
professional School employees), an additional retirement allowance
of three percent (3%) of the applicable service or disability
retirement allowances payable under §§ 51.1-155 and 51.1-157 of the
State Code;
2. That City Council further elects to provide this
additional retirement allowance effective October 1, 1994;
3. That City Council hereby agrees to accept any and
all liability for any current or future additional employer
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contributions, and any increase in current or future employer
contribution rates, resulting from its election to provide this
additional retirement allowance to said current and future
retirees; and
4. That the City Manager and City Clerk are hereby
authorized and directed, in the name of the City of Virginia Beach,
to execute any required contract in order that said current and
future retirees may participate in the benefit allowance increase
as provided for in the Code of Virginia. In execution of any
contract which may be required, the seal of the City of Virginia
Beach shall be affixed and attested by the Clerk, and said officers
of the City of Virginia Beach are hereby authorized and directed to
pay over to the Treasurer of Virginia, from time to time, such sums
as may be due to be paid by the City of Virginia Beach for this
purpose.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of December , 1994.
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CERTIFICATE
I, Ruth Hodges Smith, Clerk of the City of Virginia
Beach, certify that the foregoing is a true and correct copy of a
resolution passed at a lawfully organized meeting of the Virginia
Beach City Council held at Virginia Beach, Virginia, at 2:00 p.m.
on December 13, 1994. Given under my hand and seal of the City of
Virginia Beach this day of December, 1994.
CA-5778
ORDIN \NONCODE \ RETIRE. RES
R-1
PREPARED: 12 / 06 / 94
Ruth Hodges Smith, CMC/AAE
City Clerk
DEPARTMEN[
CITY ATTORNEY
- 18 -
Item III-I, 1,
ORDINANCES
ITEM # 38654
The following registered in SUPPORT of the Ordinance:
Peter Agelasto, 815 Cavalier, Phone. 428-8746, represented the Virginia Beach Volunteer Rescue Squad
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to authorize the dedication of 1.4 acres of the Beach Services
Center land to the Virginia Beach Rescue Squad, Inc.; appoint the City
Manager as Trustee; and, authorize the City Manager to execute the
related agreements between the City and the Virginia Beach Rescue
Squad, Inc
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W.
Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent'
None
December 13, 1994
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AN ORDINANCE AUTHORIZING THE DEDICATION OF 1.4
ACRES OF LAND TO THE VIRGINIA BEACH RESCUE
SQUAD, INC. AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A RELATED AGREEMENT BETWEEN THE
CITY AND THE VIRGINIA BEACH RESCUE SQUAD, INC.
WHEREAS, the Virginia Beach Rescue Squad, Inc. (hereafter
"Rescue Squad") provides a significant volunteer service to the
citizens of the City of Virginia Beach;
WHEREAS, the Rescue Squad desires to construct a new
building on the site of the proposed Beach Borough Services Center
Project and has begun a fund raising campaign for this effort;
WHEREAS, the City of Virginia Beach wishes to give the
land necessary to accommodate this new building and the Rescue
Squad wishes to accept this gift; and that further, both parties
desire for the Rescue Squad to give to the City its existing site
at 20th Street and Arctic Avenue to the City at the time that it
vacates its existing site and moves into the new facility to be
built at the Beach Borough Services Center;
WHEREAS, on March 1, 1994, the City Council authorized a
$1.25 million interest-free loan to the Virginia Beach Rescue
Squad, Inc. in Ordinance No. 94-2262H to help the Rescue Squad pay
for the design and construction of the new Rescue Squad building at
the Beach Borough Services Center;
WHEREAS, the City and the Rescue Squad wish to enter into
an Agreement in order to meet their respective needs and desires
for this cooperative project;
WHEREAS, City Council has determined that the City
Manager should be appointed as trustee under the Rescue Squad's
deed of trust to the City; and
WHEREAS, City Council recognizes the vital importance of
the Rescue Squad to the City's future.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
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1. That City Council hereby authorizes the City Manager
to execute a deed giving approximately 1.4 acres of the Beach
Borough Services Center (hereafter "Property") to the Virginia
Beach Rescue Squad, Inc. Said deed shall contain a reverter clause
whereby the property reverts to the City if the Property is not
used as a rescue squad facility.
2. That the City Manager is hereby appointed as trustee
under the Rescue Squad's Deed of Trust on the Property securing the
$1.25 million loan to the Rescue Squad.
3. That the loan documents shall, at a minimum, provide
the following terms and conditions:
a. The loan shall be interest-free;
b. The Rescue Squad shall give the City a first
deed of trust on the Property as security for this
$1.25 million loan; and
c. During the term of the loan, and until the
loan is paid in full, the Property shall be devoted
entirely as a rescue squad facility. If the
Property ceases to be used as a rescue squad
facility, the loan will be called in full.
4. That City Council hereby authorizes the City
Manager, on behalf of the City, to execute the Agreement between
the City and the Rescue Squad in substantially the same form as the
Agreement attached hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 13~ day of Dec~ber , 1994.
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CA-5782
\ORDIN\NONCODE\VBRS. ORD
R-1
PREPARED: 11 / 23 / 94
DEPARTMENI
APPROVED AS TO LEGAL
SUFFICIENCY AND FC, RM
~r -,,-,-'k~
r ITY ATT"""o~',
This Agreement made this
day of December, 1994, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA ("City") and THE VIRGINIA
BEACH RESCUE SQUAD, INC., ("Rescue Squad"), a Virginia corporation.
WITNESSETH
WHEREAS, the Rescue Squad provides a significant volunteer service
to the c~tizens of the City of Virginia Beach;
WHEREAS, the Rescue Squad desires to construct a new building on
a site within the proposed Beach Borough Services Center Project and has begun a fund
raising campaign for this effort;
WHEREAS, the City of Virglma Beach wishes to give the land
necessary to accommodate this new building and tile Rescue Squad wishes to accept this g~ft;
and that further, both parties desire for tile Rescue Squad to give to the C~ty its existing site
at 20th Street and Arctic Avenue to the C~ty at the time that ~t vacates its existing site and
moves into the new facility to be built at the Beach Borough Services Center;
WHEREAS, the Rescue Squad requests and the City of Virginia Beach
desires for the City to provide an ~nterest free loan of $1,250,000 to the Rescue Squad in
order to help the Rescue Squad pay for the design and constnlct~on of the new Rescue Squad
building at the Beach Borough Services Center,
WHEREAS, the C~ty and the Rescue Squad wish to enter into this
Agreement in order to meet their respective needs and desires for this cooperative project.
NOW THEREFORE, in consideration of the mutual agreements and
covenants contained herein, the City and the Rescue Squad do hereby agree as follows:
1. The City will convey approximately 1.4 acres within the Beach
Borough Services Center, Virginia Beach, Virginia to the Rescue Squad for the new building
site (hereafter "the Property"). Th~s deed w~ii contain a reverter clause which states that if
the Property is not used as a rescue squad thc~ltty by the Rescue Squad, the Property will
revert to the City.
2. The C~ty will loan the Rescue Squad $1 25 million dollars ~nterest
free to be repaid to the C~ty as follows: July 1, 1996 $50,000; July 1, 1997 $50,000; July
1, 1998 $100,000; July 1, 1999 $100,000; July 1,2000 $100,000; July 1, 2001 $100,000;
July 1, 2002 $150,000; July 1, 2003 $150,000, July l, 2004 $200,000; and July 1, 2005
$250,000. This $1.25 Million dollar loan w~ll be evidenced by a note and secured by a Deed
of Trust on the Property. Under the terms of th~s deed of trust, the loan secured by this
Deed of Trust can be called ~n full upon the conveyance of the Property or upon the failure
of the Rescue Squad to utdize the Property as a rescue squad facility.
3. The Rescue Squad agrees to deed to the City its current facihty at
the intersection of 20th Street and Arctic Avenue ~n the City of Virginia Beach, Virginia at
the time it vacates its exisnng site and moves into the new facility.
4. The City agrees to pay fi~nds on behalf of the Rescue Squad as a gift
to the Rescue Squad for all or part of the constmct~oi~ of the site iinprovements for this new
Rescue Squad budding in an amount not to exceed $830,000. The Rescue Squad agrees that
it will bid and administer a single construction contract for the building and site
improvements for its Beach Borough Services Center facihty on the Property and that the
City's gift to the Rescue Squad shall be tile actual contract costs for the s~te improvements
on the Property not to exceed $830,000. The successfill bidder for the work will provide
a specific cost breakdown to the C~ty sepal'at~ng the btl~ld~ng costs and the site costs at the
time of the bid. This will establish the alnount of the gift that the City will pay for the site
improvements not to exceed $830,000.
5. The C~ty agrees to maintain the landscaping of the Property from
the time that the new Rescue Squad facility at the Beach Borough Service Center is
completed until the Deed of Tnlst has been released and paid ~n full. The Rescue Squad
shall be responsible for all other duties of repair or maintenance w~th respect to the Property
including, but not limited to: building, ~mpl'ovements and utd~ties maintenance, repair
and/or improvement of the Property. The Rescue Squad retains the ab~hty to go to City
Councd to request additional financial assistance from the C~ty w~th regard to this
maintenance and repair. Once the Deed of Trust has been released on the Property, the City
fully intends to continue to maintain the landscaping of the Property in perpetuity, subject
to the non-appropriation provisions of paragraph 13 of this Agreement. The provisions of
th~s paragraph, as modffied by paragraph 13, shall survive tile expiration of this Agreement.
6. The term of this Agreement shall be from December ~, 1994
until July 1, 2005.
7. The Rescue Squad shall not assign its rights and duties under this
Agreement without the prior written consent of the City.
8. This Agree~nent shall be deemed to be a Virginia contract and shall
be governed as to all matters whether of validity, interpretations, obligations, performance
or otherwise exclusively by the laws of the Comlnonwealth of Virginia, and all questions
arising with respect thereto shall be determined in accordance w~th such laws. Regardless
of where actually delivered and accepted, th~s Agreement shall be deemed to have been
delivered and accepted by the parties in the Cominonweaith of Virginia.
9. The Rescue Squad shall comply w~th all federal, state and local
statutes, ordinances, and regulations now m effect or hereafter adopted, in the performance
of the construction of ~ts new building. The Rescue Squad will obtain all necessary licenses
and permits required to construct ItS building and to conduct ~ts business and will acquire any
additional licenses and penmts necessary for performance of this contract prior to the
imtiation of work. The Rescue Squad shall at all t~mes observe all health and safety
measures and precautions necessary for the san~ta~ y and safe performance of the construction
of its new building at the Beach Borough Services Center.
10. The Rescue Squad represents that ~t is a corporation in good
standing in the Commonwealth of Virginia and will remain in good standing throughout the
term of this Agreement.
11. Any and all suits for any claims or for any and every breach or
dispute arising out of this Agreement shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach.
12. During the performance of this Agreement, the Rescue Squad
agrees as follows:
a,
The Rescue Squad w~ll not dlscriminate against any employee
or applicant for employment because of race, religion, color,
sex or nanonal ol~gln, except where religion, sex or national
origin ~s a bona title occupational qualification/consideration
reasonably necessary to the normal operation of the Rescue
Squad. The Rescue Squad agrees to post in conspicuous places,
available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
be
The Rescue Squad, in all solicitations or advertisements for
employees placed by or on behalf of the Rescue Squad, will
state that such Rescue Squad is an equal opportunity elnployer.
Ce
Notices, advertisements and solicitations placed in accordance
with federal law, rule or regulation shall be deemed sufficient
for the purpose of meeting the requirements herein.
de
The Rescue Squad w~ll ~nclude provis~ons of the foregoing
subparagraphs, a, b and c in every contract, subcontract or
purchase order of over ten thousand dollars ($10,000.00), so
that the provisions will be binding upon such contractor,
subcontractor, or velldOr.
13. It is understood and agreed between the parties herein that the
City shall be bound hereunder only to the extent that the hinds shall have been appropriated
and budgeted or are otherwise available for the purpose of this Agreement. In the event no
funds or insufficient funds are appropriated and budgeted or are otherwise available by any
means whatsoever in any fiscal period for payments due under this Agreelnent, the City shah
immediately notify the Rescue Squad of such occurrence and this Agreement shall terminate
on the last day of the fiscal period for which appropriations were received without penalty
or expense to the City of any kind whatsoever.
14. The Rescue Squad agrees to secure and maintain in full force and
effect at all times during the period this Agreement is in effect, hazard insurance on the
improvements now existing or hereafter erected upon the Property and to keep such
improvements adequately insured agmnst loss by fire, hazards included within the term
"extended coverage," flood, earthquake and such other risks as the City may reasonably
require. The insurance coverage shall be written at full replacement value with no co-
insurance penalty. All insurance policies and renewals must contain a standard mortgagee
clause in favor of the City; provide for at least a 30 day not~ce prior to the cancellation or
material modification of the policy; be w~th a company to be chosen by the Rescue Squad,
which ~s licensed by the Commissioner of Virginia and ns acceptable to the City and be in
a form satisfactory to the C~ty. The Rescue Squad shall prolnptly provide the City with the
original cemficate of insurance of any policy or renewal or replacement policy, which will
be held by the City, and shall provide other lnformauon and ewdence concerning insurance
coverage when requested to do so.
15. In the event that the Rescue Squad shall for any reason or through
any cause be in default of the terms of this Agreement, the City may give the Rescue Squad
written notice of such default by cemfied ma~l/return receipt requested at the following
address:
(address of Rescue Squad)
Unless otherwise provided, the Rescue Squad shall have ten (10) days
from the date such notice is totaled in which to cure the default. Upon failure of the Rescue
Squad to cure the default, the C~ty may Immediately cancel and terlmnate this Agreement
as of the mailing date of the default notice.
Upon termination, the Rescue Squad shall w~thdraw its personnel and
equipment, cease performance of any further work under th~s Agreement, and mm over to
the City any work in process for which payment has been made.
In the event of v~olat~ons of law, safety or health standards and
regulations, this Agreement may be ~mmedlately cancelled and terminated by the City and
provisions herein with respect to opporttln~ty to cure default shall not be applicable.
16. It is understood and agreed that the Rescue Squad hereby assumes
the entire responsibihty and l~abli~ty for any and all dmnages to persons or property caused
by or resulting from or arising out of any act o~ omission on the part of the Rescue Squad,
its contractors, subcontractors, agents or employees under or ~n connection with the
construction of its new budding at the Beach Borough Services Center or the performance
or failure to perform any work required by th~s Agreement. The Rescue Squad shall save
harmless and indemnify the City and its agents, volunteers, servants, employees and officers
from and against any and all claims, losses, or expenses, including but not limited to
attorney's fees, which e~ther or both of them may suffer, pay or incur as the result of claims
or suits due to, arising out of or in connection w~th any and all such damage, real or alleged,
and the Rescue Squad shall, upon written demand by the City, assume and defend at the
Rescue Squad's sole expense any and all such su~ts or defense of claims.
17. There may be no inod~ficaUon of this Agreement, except in writing,
executed by the authorized representatives of the C~ty and the Rescue Squad.
As evidence of their agreement to the terms and conditions set forth
herein, the parties affix their authorized s~gnatures hereto:
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH, VIRGINIA
Ruth Hodges Smith
City Clerk
C~ty Manager/Authorized
Designee of the C~ty Manager
(SEAL)
ATTEST:
INC.
THE VIRGINIA BEACH RESCUE SQUAD,
Corporate Secretary
President
DEED OF TRUST NOTE
U.S. $1,250,000
Virginia Beach, Virginia
December ~, 1994
1. Borrower's Promise to Pay
FOR VALUE RECEIVED, THE VIRGINIA BEACH RESCUE SQUAD, INC., a
Virginia corporation, ("Rescue Squad") hereby promises to pay One
Million Two Hundred Fifty Thousand Dollars ($1,250,000.00)
("principal"), to the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia ("City"), Lender, to
the order of the Virginia Beach City Treasurer.
2. Interest
No interest will be charged on the unpaid principal of this
loan.
3. Payments
The Rescue Squad will pay principal by making payments
according to the following schedule:
Payment Due Amount
1. 7-1-96 $50,000.00
2. 7-1-97 $50,000.00
3. 7-1-98 $100,000.00
4. 7-1-99 $100,000.00
5. 7-1-00 $100,000.00
6. 7-1-01 $100,000.00
7. 7-1-02 $150,000.00
8. 7-1-03 $150,000.00
9. 7-1-04 $200,000.00
10. 7-1-05 $250,000.00
If on the first day of July, 2005, The Rescue Squad still
owes amounts under this Note, it agrees to pay those amounts in
full on that date , which is called the "maturity date."
The Rescue Squad will make payments at
a different place if required by the City.
or at
4. Borrower's Right to Prepay
The Rescue Squad has the right to make payments of principal
at any time before they are due. A payment of principal ahead of
schedule is known as a "prepayment". When The Rescue Squad makes
a prepayment, it will tell the City in writing that it is doing so.
Prepayments may be made at any time without penalty. The
prepayments will be used to reduce the amount of the principal owed
under this Note.
5. Borrower's Failure to Pay as Required
A. Default.
·
If the Rescue Squad does not pay the full
amount of each scheduled payment on the date
it is due, it will be in default.
·
In the event (a) of default for a period of thirty
(30) days in the payment of any principal or other
sums payable hereunder or under the deed of trust,
(b) of default, for a period of thirty (30) days
after written notice, in the performance of, or
compliance with, any other provisions in this note
or in any deed of trust or other instrument
securing this note, (c) the corporation is or
becomes insolvent or makes an assignment for the
benefit of creditors, (d) a petition is filed or
any other proceeding is commenced under the Federal
Bankruptcy Act or any state insolvency statute by
or against any corporation liable hereon, or (e) a
receiver is appointed for or a writ or order of
attachment, levy, or garnishment is issued against
any corporation liable hereon or the property,
assets, or income of any such corporation, then, in
any such event, the entire balance of principal
with all interest then accrued shall, at the option
of the holder hereof, become immediately due and
payable.
B. Notice of Default.
If the Rescue Squad is in default, the City may send a written
notice advising that if the overdue amount is not paid by a
certain date, the City may require the Rescue Squad to pay
immediately the full amount of the principal which has not
been paid. That date must be at least thirty (30) days after
the date on which the notice is delivered or mailed to the
Rescue Squad.
C. No Waiver by City.
Even if, at a time when the Rescue Squad is in default, the
City does not require the Rescue Squad to pay immediately in
full as described above, the City will still have the right to
do so if the Rescue Squad is in default at a later time.
D. Payment of City's Costs and Expenses
If the city has required the Rescue Squad to pay immediately
in full as described above, the City will have the right to be
paid back by the Rescue Squad for all of its costs and
expenses in enforcing this Note to the extent not prohibited
by applicable law. Those expenses include, for example,
reasonable attorneys' fees.
6. Giving of Notices
Unless applicable law requires a different method, any notice
that must be given to the Rescue Squad under this Note will be
given by delivering it to or by mailing it
by first class mail to the Rescue Squad c/o
at the Property Address above or at a different address
if the Rescue Squad gives the City a notice of a different address.
Any notice that must be given to the City under this Note will be
given by mailing it by first class mail to the City at the address
stated in Section 3 above or at a different address if the Rescue
Squad is given notice of a different address.
7. Waivers
The Rescue Squad waives the rights of presentment and notice
of dishonor. "Presentment" means the right to require the City to
demand payment of amounts due. "Notice of dishonor" means the
right to require the City to give notice to other persons that
amounts due have not been paid.
8. This note is secured by a deed of trust, of even date
herewith, conveying certain real property in Virginia Beach,
Virginia, to James K. Spore, Trustee, which deed of trust is
intended to be recorded forthwith in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia.
THE VIRGINIA BEACH RESCUE SQUAD, INC.,
a Virginia corporation
By
President
( SEAL)
ATTEST:
Secretary
STATE OF VIRGINIA
CITY OF
, to-wit:
I, , a Notary Public in
and for the City and State aforesaid, do hereby certify that
, President, and
, Secretary, on
behalf of The Virginia Beach Rescue Squad, whose names are signed
to the foregoing writing, bearing date the day of December,
1994, have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this
day of , 1994.
My Commission Expires:
Notary Public
D¢¢ds\Workmg\VBRS NOT
THIS DEED OF TRUST, made and entered into this day
of December, 1994, by and between The Virginia Beach Rescue Squad,
Inc., a Virginia corporation, herein referred to as "Grantor," and
James K. Spore, City Manager of the City of Virginia Beach,
Virginia, Grantee, herein referred to as "Trustee."
W I T N E S S E T H:
For and in consideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged by the
Grantor, the Grantor does hereby grant, and convey unto the
Trustee, in trust, with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE the following described real estate, to-wit:
Ail that certain lot, tract or parcel of land
together with improvements thereon belonging,
lying, situate and being in the City of
Virginia Beach, Virginia and designated and
described as: "PARCEL 1 AREA = 60,900 SQ.
FT., 1.398 ACRES" as shown on that certain
plat entitled: "PLAT SHOWING SUBDIVISION OF
PARCEL "A" MAP BOOK 210, PAGE 4 FOR THE CITY
OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH--
VIRGINIA BEACH, VIRGINIA ENGNEERING DIVISION
SURVEY BUREAU DEPARTMENT OF PUBLIC WORKS CITY
OF VIRGINIA BEACH, VIRGINIA DATE: OCT. 20,
1994 SCALE: 1"=50'." Said plat is recorded in
the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book
~, at page __, to which reference is made
for a more particular description.
It being a part of the same property conveyed
to the City of Virginia Beach by Deed of #,
dated #, and recorded in the aforesaid Clerk's
Office in Deed Book #, at page #.
Together with all buildings, improvements, timber,
mineral, oil, and gas rights and profits, and all fixtures either
now or hereafter attached to the above described real estate, which
shall be deemed to be and remain a part of the property covered by
this Deed of Trust; and all of the foregoing together with the
above-described real estate are herein referred to as the
"Property."
As further security, the Grantor hereby sells, transfers,
and assigns unto the City of Virginia Beach, Virginia, prior and
superior to any and all other claims or demands thereon, the rents,
issues, royalties, income, and other accruing benefits related to
any lease or easement or right to remove any portion of the
Property; and all condemnation proceeds and proceeds of any
insurance policy due in connection with the Property; all of which
shall be included in the term "Property."
IN TRUST, to secure unto the City of Virginia Beach,
herein referred to as "city" or its assigns, the payment of a
certain real estate promissory note bearing date of the day of
December, 1994, in the principal sum of One Million Two Hundred
Fifty Thousand Dollars ($1,250,000.00), payable to the Order of the
Virginia Beach City Treasurer.
The Property shall also secure reimbursement to the City
for any and all costs, attorney's fees and other expenses of
whatever kind incurred by the Trustee or the City in connection
with obtaining possession of the Property, the protection and/or
preservation of the Property, and the collection of any sum or sums
secured thereby, any litigation concerning the Property or this
Deed of Trust, recording or releasing this Deed of Trust and any
additional examination of title or execution of further assurances
or physical survey of the Property which may be required by either
the Trustee or the City for any reason in good faith, and all of
which costs and expenses shall be the obligation of and be paid by
the Grantor.
Except as otherwise specified, the Grantor covenants and
this Deed of Trust shall be construed to confer and impose upon the
parties hereto and the beneficiaries hereunder, all warranties,
duties, rights, and obligations set forth in the provisions of
Sections 55-59 and 55-70 through 55-74 of the Code of Virginia,
1950, as amended, and in effect as of the date of acknowledgement
hereof.
The Grantor and the City covenant and agree as follows:
1. Payment of Principal. The Grantor shall promptly
pay when due the principal and interest due on the indebtedness
evidenced by the aforesaid promissory note. Prepayments may be
made at any time without penalty.
2. Hazard Insurance. The Grantor shall keep the
improvements now existing or hereafter erected upon the Property
adequately insured against loss by fire, hazards included within
the term "extended coverage," flood, earthquake and such other
risks as the City may reasonably require. The insurance coverage
shall be written at full replacement value with no co-insurance
penalty.
Ail insurance policies and renewals must contain a
standard mortgagee clause in favor of the City; provide for at
least 30 days' notice prior to the cancellation of the policy; be
with a company to be chosen by the Grantor, which is licensed by
the Commissioner of Virginia and is acceptable to the City and be
in a form satisfactory to the City. The Grantor shall promptly
provide the City with the original certificate of insurance of any
policy or renewal or replacement policy, which will be held by the
City, and shall provide other information and evidence concerning
insurance coverage when requested to do so. If the Grantor fails
to maintain the required insurance or provide evidence of such
insurance, the City may, at its option, obtain insurance coverage
protecting either the interest of both the City and the Grantor, or
of the City alone. The City may obtain the insurance in any form
and amount and with any insurance carrier the City chooses. The
Grantor, upon demand, shall reimburse the City for the actual cost
of the insurance coverage.
In the event of loss, the Grantor shall promptly notify
the insurance carrier and the City. The City may submit proof of
loss if the Grantor fails to do so promptly. Unless the City and
Grantor agree otherwise in writing, the insurance proceeds shall be
applied to the restoration and repair of the Property damaged,
provided such restoration or repair is economically feasible and
the security of this Deed of Trust would not be impaired thereby.
If such restoration or repair is not economically feasible, or if
the security of this Deed of Trust would be impaired, the insurance
proceeds shall be applied to the sums secured by this Deed of
Trust, with the excess, if any, paid to the Grantor. If the
Property is abandoned by the Grantor, or if the Grantor fails to
respond to the city within 30 days from the date notice is mailed
by the City to the Grantor that the insurance carrier offers to
settle a claim for insurance benefits, the City is hereby
authorized to settle the claim on behalf of the Grantor on such
terms as the City determines to be in its best interest, and to
collect and apply the insurance proceeds at the City's option
either to restore or repair the Property or to pay the obligation
secured by the Deed of Trust.
Unless the City and Grantor agree otherwise in writing,
any application of such insurance proceeds to principal shall not
extend or postpone the due date of any installments specified in
the note, or change the amount of such installments.
In the event of foreclosure under this Deed of Trust, all
right, title and interest of the Grantor in and to any insurance
policy then in force, or the proceeds of any insurance policy
resulting from damage to the Property prior to the foreclosure
sale, or any refund of unearned premium, shall pass to the City who
may receive on behalf of the Grantor the cancellation value or
proceeds and may apply the same to the extinguishment of the
indebtedness secured by this Deed of Trust.
3. Application of Payments. Unless applicable law
provides otherwise, all payments received by the City under the
note and paragraphs 1 and 2 of this Deed of Trust shall be applied
by the City first in payment of the amounts payable to the City by
the Grantor under paragraph 2 hereof, and then to principal of any
future advances.
4. Preservation and Maintenance of the Property. The
Grantor shall keep the Property in good repair, and shall not
commit waste or permit the impairment of deterioration of the
Property. Further, Grantor shall not remove or sell any mineral,
oil, or gas or rights thereto, without the City's prior written
consent. The Grantor shall comply with the terms of, and perform
the Grantor's obligations under, any of the following which relate
to the Property: any lease; and any covenants or restrictions or
burdens contained in any instrument conveying any interest in the
Property, or running with the Property.
5. Inspection. The City may make or may cause to be
made, reasonable entries upon the Property for the purpose of
inspection. No notice to the Grantor shall be necessary unless the
Property is improved or actually occupied at the time such entry is
desired, whereupon the Grantor shall be given reasonable notice
consistent with the protection of the City's interests.
6. Protection of City's Security. If the Grantor fails
to perform any covenant or agreement contained in this Deed of
Trust, or if any action or proceeding is commenced which materially
affects the City's interest in the Property, including, but not
limited to, condemnation, insolvency, code enforcement, proceeding
involving a bankruptcy or decedent, then the City may, at its
option, and without notice to the Grantor, make such appearances,
disburse such funds, and take such action as the City deems
necessary to protect its interests, including, but not limited to,
the disbursement of funds to repair the Property, the payment of
insurance premiums, the discharge of liens or encumbrances against
the Property and entry upon the Property to make repairs.
7. Condemnation. The proceeds of any award or claim
for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or any part thereof,
or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to the City. The City shall pay any funds in excess
of the outstanding principal balance to the Grantor.
8. Waivers and Forbearance by the City. Any waiver by
the City or Trustee will be effective only if in writing and only
for the specific purpose and instance granted, and delay in the
enforcement or requirement of any provision will not be a waiver or
preclude the exercise of any such right or remedy or event of
default. Acceptance by the City of any payment will not be deemed
a waiver of any default, including any failure to make such payment
on time, unless the city expressly states in writing that the
particular event of default is waived.
9. Transfer, Sale or Contract of Sale of Property. The
City may, at its option, declare all obligations of the Grantor
which are secured by this Deed of Trust to be immediately due and
payable if, without the prior written consent of the City, all or
part of this Property or any interest therein is sold or
transferred (including by lease) or made the subject of any land
contract or other type of conditional sales agreement; or the
Grantor ceases to use the Property as a rescue squad facility; or
the Grantor does not commence using the Property as a rescue squad
facility within eighteen months of the date of this Deed of Trust.
Any delay in the enforcement of this provision does not constitute
a waiver of the City's rights hereunder. Any grant of an extension
of any time period, or written consent to sell, transfer, or make
subject to any conditional sales contract, or written consent to
temporarily cease using the property as a rescue squad facility,
shall be effective only for the specific instance, including
parties involved, and duration given, and shall not apply to any
other instance or longer period unless new consent is given by the
City in writing.
If Grantor does not pay all such obligations in full
within 30 days after the date on which the City mails to Grantor a
notice of the City's exercise of this option by ordinary prepaid
mail to the address shown on the note, the City may declare the
Grantor's obligations to be in default and the City shall be
entitled to such remedies as are provided in paragraph 12 of this
Deed of Trust or by applicable law.
10. Trustees. Ail of the powers and discretion granted
to the Trustee under this Deed of Trust, or by law, may be
exercised by any Trustee named herein or any successor Trustee, and
the Trustee may act through his agents and attorneys. The City may
substitute or remove any Trustee at any time without cause and, by
instrument duly executed and acknowledged, may designate and
appoint one or more substitute Trustees in the place and stead of
any such Trustee hereunder. The Grantor covenants that the Trustee
may rely upon the oral or written representations of the City that
an event of default has occurred under the terms of this Deed of
Trust; that the Trustee shall not be required to ascertain or
inquire as to the performance of any covenants or agreements
contained herein, or in any other agreement underlying or related
to an obligation secured hereby; and all action taken pursuant to
such representations and request for foreclosure or other
appropriate action as provided herein or by law shall be binding
upon the Grantor, the Trustee and those claiming under or through
them. The Grantor agrees to indemnify to the extent permitted by
law and save the Trustee harmless against any loss, liability, or
expense that they may incur in the exercise and performance of
their powers and duties hereunder or as a result of serving as a
Trustee hereunder, and not due to their own negligence or bad
faith.
11. Event of Default. Each of the following shall
constitute an event of default under this Deed of Trust: any
payment with respect to any obligation secured under this Deed of
Trust is not paid when due; an event of default occurs under the
terms of any obligation secured by this Deed of Trust; an event of
default occurs under the terms of any agreement between the Grantor
and the City; any provision, agreement or covenant of this Deed of
Trust is not met or performed as provided herein; or, any
representation or warranty given by or on behalf of the Grantor
proves to have been false when given.
12. Remedies. In any event of default, the City may,
without prior notice to any person, declare any one or all
obligations secured under this Deed of Trust to be in default, and
to be immediately due and payable in full. Upon declaration of
default: the City or the Trustee, upon the demand of the City, by
agent or in person, shall be entitled to take immediate possession
of Property, and to enter upon or into the Property with or without
force or process of law, and to manage or hire another person to
manage the Property, and to collect rents of the Property,
including those past due, and to rent the Property at such rental
and for such term and upon such conditions as the City or the
Trustee, whoever is acting, shall deem proper, and to make any
commercially reasonable and/or necessary repairs to the Property or
to replace all or any part of the same, and apply any rents
actually collected as provided below in this paragraph; and the
Trustee upon demand of the City, or the City, may sell all or any
portion of the Property and apply the proceeds of such sale or
sales as provided below.
Any rents collected or other income generated other than
by the sale of the Property after paying the cost of collecting the
rents or other income, any reasonable management fees actually
incurred, or, if none, a commission of 5% of the rents collected or
other income generated to the Trustee managing the Property, and
the costs of any repairs or replacement of any Property, or any
other costs, shall be applied to the payment of the obligations
secured hereunder in accordance with paragraph 5 of this Deed of
Trust.
The Trustee shall advertise any sale once a week for four
successive weeks in a newspaper published or having a general
circulation in the city or county in which the Property or any
portion thereof is located. Any sale or sales of the Property may
be of the Property or of such parts thereof as the Trustee shall
deem best. A Bidder's deposit of the greater of 10% of the sales
or $1,000.00 may be required. No purchaser hereunder shall be
required to look to the application of the purchase monies. If the
Trustee is instructed to sell the Property and, for any reason, the
Property is not sold by the Trustee, the Grantor shall pay to the
Trustee all incurred costs plus a reasonable hourly fee for
services performed by the Trustee, the payment of which shall be
secured by the Property.
13. Release. Upon the payment of all sums secured by
this Deed of Trust, the City shall request the Trustee to release
this Deed of Trust and shall surrender all notes, evidencing the
indebtedness secured by this Deed of Trust to the Trustee. The
Trustee shall release this Deed of Trust without charge to the
Grantor.
14. Other Provisions. The rights and remedies of the
City under this Deed of Trust are not exclusive, the City shall be
entitled to and may exercise any other rights and remedies provided
by law. The exercise by the city of any right or remedy, including
the institution of any legal proceeding, shall not bar or limit the
exercise by the City of any other right or remedy, whether before,
after or concurrently with any other exercise of right or remedy.
All rights of the City hereunder shall inure to the benefit of its
successors and assigns, and all obligations of the Grantor
hereunder shall bind the Grantor, its heirs, personal
representatives, successors, and assigns. Obligations assigned by
the City to another shall not be paid from the proceeds of any
disposition of the Property until after the obligations owed to the
City at the time of the assignment (other than the obligation
assigned) have been paid in full, regardless of the time such
obligation was incurred.
NOTICE--THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN
FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR
CONVEYANCE OF THE PROPERTY CONVEYED.
WITNESS the following signatures and seals:
THE VIRGINIA BEACH RESCUE SQUAD, INC.
By
President
(SEAL)
ATTEST:
Secretary
STATE OF VIRGINIA
CITY OF
, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
, President, and
, Secretary, on
behalf of The Virginia Beach Rescue Squad, whose names are signed
to the foregoing writing, bearing date the day of December,
1994, have acknowledged the same before me in my City and State
aforesaid.
1994.
Given under my hand this
day of ,
My Commission Expires:
Notary Public
Dee~s\Workmg\VBRS DT
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3),
58.1-811(c) (4), AND 25-249
THIS DEED, Made this
day of December, 1994, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of
"party of the first part
the Commonwealth of Virginia, "Grantor, ,
and the THE VIRGINIA BEACH RESCUE SQUAD, INC., a Virginia
corporation, "Grantee," party of the second part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the
Grantor does hereby sell, assign, transfer, grant and convey,
with SPECIAL WARRANTY unto the Grantee, the following described
property, to wit:
Ail that certain lot, tract or parcel of
land together with improvements thereon
belonging, lying, situate and being in the
City of Virginia Beach, Virginia and
designated and described as: "PARCEL 1 AREA
= 60,900 SQ. FT., 1.398 ACRES" as shown on
that certain plat entitled: "PLAT SHOWING
SUBDIVISION OF PARCEL "A" MAP BOOK 210, PAGE
4 FOR THE CITY OF VIRGINIA BEACH VIRGINIA
BEACH BOROUGH--VIRGINIA BEACH, VIRGINIA
ENGNEERING DIVISION SURVEY BUREAU DEPARTMENT
OF PUBLIC WORKS CITY OF VIRGINIA BEACH,
VIRGINIA DATE: OCT. 20, 1994 SCALE: 1"=50'.''
Said plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book ~, at page
, to which reference is made for a more
particular description.
It being a part of the same property
conveyed to the City of Virginia Beach by
Deed of #, dated #, and recorded in the
aforesaid Clerk's Office in Deed Book #, at
page #.
GPIN: #
Provided, however, that should the property cease to be
used as a rescue squad facility by The Virginia Beach Rescue
Squad, Inc. then the title to the property shall revert to and
become again the property of the Grantor.
The Grantor by execution of this instrument
acknowledges that the plans for the aforesaid project as they
affect its property have been fully explained to the undersigned.
This conveyance is made subject to any covenants,
conditions, restrictions and easements in the chain of title
constituting constructive notice.
It is understood and agreed that the consideration
hereinabove mentioned and paid to the Grantor constitutes payment
in full for the property hereby conveyed and for damages, if any,
resulting from the project and use made of the property conveyed.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
BY
~ity Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
, City Manager/Authorized
Designee of the City Manager, whose name is signed to the
foregoing writing, bearing date the day of December, 1994,
has acknowledged the same before me in my City and State
aforesaid.
199 .
Given under my hand this
day of ,
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk, whose name is signed to the
foregoing writing, bearing date the day of December, 1994,
has acknowledged the same before me in my City and State
aforesaid.
199 .
Given under my hand this
day of ,
My Commission Expires:
Notary Public
- 19 -
Item III-L2,
ORDINANCES
ITEM # 38655
The following spoke in SUPPORT of the Ordinance:
Bill Reid, represented Cellar Door.
Henry Richardson, President of the Virginia Beach Hotel/Motel Association, 968 South Oriole Drive,
Phone: 428-8015. Mr. Richardson presented Statement of Support from the VBHMA, which is hereby
made a part of the record.
Bill Orth, 925 Avatar Drive, Phone: 721-6281, Manager of the Howard Johnson Hotel at 18th and
Atlantic Avenue and Member of the Board of Directors of the VBHMA.
The following spoke in OPPOSITION to the Ordinance:
Joseph Gianascoli, Chairman of the Board - Virginia Beach Events Unlimited
Chris Casey, Director - Special Events, Virginia Beach Events Unlimited
Michael Barrett, Chief Executive Officer - Runnymede Corporation
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself
James Capps, Member of Steering Committee - Oceans Occasions.
Correspondence from Beth Kellam, Member of the Neptune Festival Auxiliary Executive Committee, spoke
in support of Virginia Beach Events Unhmited, was made a part of the record.
Upon motion by Councilman Branch, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into an Agreement with
Cellar Door Productions of Virginia, Inc, re a general
entertainment/major events program in the Resort Area.
Voting: 7-4
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Louis I~ Jones, John
D. Moss, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
John A. Baurn, Robert IC Dean, Barbara M. Henley and Nancy IC Parker
Council Members Absent:
None
Councilman Baurn DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he has been
a member of the Kdng's Court of the Neptune Festival and currently serves as a member of the Royal
Order of the Neptune Festival and Virginia Beach Events Unlimited, Inc. However, Councilman Baum
does not receive any salary or other compensation from VBEU, does not have any ownership interest in
VBEU and does not incur or assume any personal liability on behalf of VBEU. Councilman Baum
declared he was able to participate in the transaction fairly, objectively and in the public interest.
Councilman Baum's letter of December 13, 1994, is hereby made apart of the record.
December 13, 1994
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH CELLAR DOOR PRODUCTIONS OF
VIRGINIA, INC. TO PROVIDE A GENERAL
ENTERTAINMENT/MAJOR EVENTS PROGRAM
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WHEREAS, in December of 1993, City Council directed the
City Manager to develop and issue a Request for Proposal ("RFP")
for the promotion and provision of a general entertainment and
major events program in the Resort Area and surrounding premises;
WHEREAS, pursuant to this direction, a RFP was issued on
September 30, 1994, and four proposals were received in response
thereto;
WHEREAS, an evaluation committee comprised of six City
officials representing five different departments was appointed to
evaluate and rank the proposals in accordance with the evaluation
criteria set forth in the RFP;
WHEREAS based on its evaluation and ranking, the
committee "short-listed" to the two top-ranked firms, and entered
into negotiations with these two firms; and
WHEREAS, based on these negotiations, the committee
unanimously recommended that a contract be awarded to Cellar Door
Productions of Virginia, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter into
an agreement with Cellar Door Productions of Virginia, Inc. in
substantial conformance with the General Entertainment & Major
Events Program Agreement, which is attached hereto as Exhibit A and
is hereby incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13~ day of
CA-5801
ORDIN\NONCODE\CELLAR.ORD
R-2
Prepared: 12/08/94
, 1994.
---~ O~ A~ORNEY
DRAFT COPY EXHIBIT A
GENERAL ENTERTAINMENT & MAJOR EVENTS
PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter referred to as "Agreement") dated the ~
day of
, 19__, is entered into by and between the CITY OF VIRGINIA
BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia,
(hereinafter referred to as "the City") and Cellar Door Productions of Virginia, Inc., 305
Lynnhaven Parkrway, Suite//201, Virginia Beach Virginia, a corporation registered in the
Commonwealth of Virginia, (hereinafter referred to as the "Agency'').
WITNESSETH:
That for and in consideration of the mutual promises set forth herein, and
for other good and valuable consideration, the receipt of which is hereby acknowledged,
the City and the Agency hereby agree as follows'
1. Proposal Documents.
The Agency shall perform services in accordance with RFP Item
#1990 dated September 30, 1994, their response to the solicitation dated November 2,
1994 as modified by their letter to John McConnell dated November 23, 1994 which are
made a part of the agreement by reference as if repeated verbatim herein. In the event
that a conflict exists between the above referenced documents, the terms of this contract
shall govern and supersede any such conflicting terms.
2. Term.
The initial term of this Agreement shall be from January 1, 1995, to
December 31, 1996, inclusive. Upon mutual agreement of the parties hereto, the
Agreement may be renegotiated and renewed for three (3) one-year periods, provided the
percentage derived from dividing the total administration fee by the total amount of cash
revenues that was available to the program from City appropriations, net cash
sponsorships, net concession revenues, and any other cash revenues received remains
substantially constant.
3. Puroose.
The purpose of this Agreement is to contract for the planning,
management and staging of two program components entitled "General Entertainment" and
"Major Events," hereinafter collectively referred to as "Programs," designed to broaden
the range of entertainment opportunities available in the Resort Area for the benefit of
visitors to, and residents of, Virginia Beach, thus helping to create a more festive
environment and positive image for the City. The Programs shall not be deemed to
include the annual Neptune Festival.
4. Oversi~tht.
The City Manager or his duly authorized designee shall be
responsible for oversight of this Agreement. It shall be the responsibility of the Agency
to keep the City Manager or his designee informed of all details relating to the Agency's
administration of the Programs. In that regard, all submissions to the City shall be to the
City Manager or his designee, and all approvals on behalf of the City shall be
communicated through the City Manager or his designee to the Agency's designated
officer or employee. The Agency agrees to adhere to all rules and regulations set by the
City related to the conduct of the events specified herein and shall respond to any
complaints regarding the installation of equipment or the conduct of activities under its
control in a timely manner. The Agency shall also purchase any permits required to
conduct said activities and shall notify the appropriate agencies in a timely manner of the
need for said permits. The Agency shall regularly consult with the City Manager or his
designee during both the planning and implementation phases of all Programs.
5. Composition of Programs.
The Programs shall be comprised of the following two components:
A. General Entertainment. The General Entertainment component
of the Programs shall consist of a wide range of general family entertainment activities,
including but not limited to, music festivals, ethnic festivals, musical theme events,
military displays and performances, sporting events, local musical, dance and theatrical
performances, and other events and performances of a general family-oriented nature.
B. Major Events. The Major Events component of the Programs
shall consist of specific, pre-designated special events or series of events of a large scale
that usually last one or more days, and are designed to have a significant economic impact
on the City.
6. Scor>e of Services.
The Agency agrees to plan, manage and stage the Programs as
follows:
A. Proerams.
(i) General Entertainment. The Agency shall plan,
organize, initiate, sponsor, promote, and/or conduct a wide range of general family
entertainment activities throughout the year that will attract persons of all age groups.
This component shall include large staged events and smaller scaled performances
distributed along designated boardwalk locations and connector street parks (e.g.,
oceanfront musicians, mimes, clowns, puppet shows, magicians, etc.); provided, however,
that the Agency shall maintain contact with nearby hotels, restaurants, shops, and other
businesses to minimize any inconvenience to these businesses. Events and entertainment
shall be scheduled every weekend during the months of May and September (except on
the "Neptune Festival Weekend"), and at least six (6) days a week from and including the
Friday before Memorial Day through and including Labor Day. When weather permits,
events and entertainment shall be held at the 24th Street Park, oceanfront plazas, or at
other designated outdoor locations; provided, however, that during periods of inclement
weather, events and entertainment shall, to the extent possible, be located indoors at public
facilities. The 24th Street Park shall serve as a primary location for events and
entertainment, except in cases of inclement weather, and the Agency shall be required to
provide at least one (1) event at that location at least six (6) days a week from and
including the Friday before Memorial Day through and including Labor Day. In addition,
to the foregoing, at least one (1) "General Entertainment" event shall be held each month
during the months of March, April and October. All "General Entertainment" events shall
be completed by 9:30 p.m. Sunday through Thursday and 10:00 p.m. on Friday and
Saturday. It is understood that the City may from time to time request the Agency to
include special activities as part of this component in support of major conventions or
specific events and the Agency shall give said requests due consideration. The City shall
give the Agency adequate notice to include such activities in the budget and planning
process.
(ii) Major Events. The Agency shall sponsor, plan,
schedule, stage and/or coordinate major events of a large scale that last one or more days,
and are designed to have a significant economic impact on the City. In the past, such
~major events" have included the "North American Fireworks Competition" and the
"American Music Festival". The Agency shall also plan one or more "major events"
during the period from Thanksgiving through New Year's Day. Said events shall include
activities, entertainment and decorations in the Resort Area designed to increase business
and enhance the visitor experience.
B. Promotion.
The Agency agrees to actively and effectively promote and
market the Programs. The Agency's promotion and marketing efforts shall be coordinated
with the City's advertising and marketing program. Updated schedules of events and
activities shall be printed and distributed monthly May through September with additional
brochures being printed and distributed in the off-season months of February through
April and October through December. Promotional materials shall be made available to
local businesses periodically during the year and for daily distribution during the period
Memorial Day through Labor Day. Special brochures/posters for specific events shall
also be distributed as mutually agreed.
C. Public/private partnerships.
The Agency agrees to coordinate and promote efforts of the
public and private sectors in the advancement of events and entertainment and to create
partnerships to enhance the Programs.
D. Sr>onsorshit)s and additional revenues.
(i) The Agency agrees to pursue both in-kind services and
cash sponsorships to supplement the Programs.
(ii) The Agency agrees to use its best efforts during the
term of this Agreement to secure sponsorships, and raise revenues from boardwalk sales,
special events, concessions and in-kind sponsorships and services that directly offset
budgeted expenses approved by the City. The Agency has established the following
sponsorship goals: $404,500 in Cash Sponsorships and Net Concession Revenues;
$525,000 in ticket sales; $634,750 in In-Kind Marketing.
(iii) With the exceptions of (1) any contingent fee fund-raising
contract between the Agency and a third party wherein the fee does not exceed fifteen (15)
percent of the funds collected and (2) thirty-three percent of all cash sponsorship and net
concessions revenues raised over actual 1994 levels, all sponsorships and additional
revenues shall be used solely for the purpose of paying "program costs" as defined in
paragraph 8A.
(iv) The City may grant permits and licenses for specific
events to allow sales and concessions on the boardwalk and in adjacent public spaces in
order to provide the Agency with the means to raise additional funds to support the
Programs. However, the City reserves the right to restrict these activities when such
action is determined to be in the best interest of the City.
(v) The Agency shall submit to the City its plans and
strategies for supplementing the Programs through financial sponsorships, and revenues
from boardwalk sales, special events, concessions, in-kind sponsorships and services and
other means, and shall report anticipated revenues from such activities in its budgets
submitted to the City. The Agency shall also report actual revenues received from these
activities as an element of its financial reporting requirements.
E. City. services.
The City shall coordinate the provision of normal City services
such as police security, paramedic services, trash removal, and maintenance of the public
areas, and shall provide electrical wiring and hook-up (with the express exception of
musical sound systems and stage lighting), bleachers, staging, or other equipment which
the City currently owns or maintains, provided such equipment is available. However,
the City reserves the right to charge the Agency for use of certain services in cases where
the City determines that it cannot provide said services at no cost. The Agency shall hire
experienced private security agencies for events when such additional security is deemed
necessary by the City.
The Agency agrees to recruit, hire, and train a qualified staff.
The Agency further agrees to assign at least one (1) staff member to each scheduled event
and shall maintain said staffing from the beginning of set-up thorough the end of tear
down. The Agency shall notify the City in advance of the name of an individual
responsible for each event and the procedure for contacting said individual.
G. Eauit>ment loeistics.
Entertainers and production crews shall load and unload
equipment for entertainment at pre-designated locations only. Production crews/
entertainers shall be allowed to park up to three (3) vehicles in the parking area behind
the 24th Street Park stage. Other advance arrangements may be made for parking and/or
loading and unloading provided that adequate notice is given to the City.
H. Volunteers.
The Agency agrees to actively recruit, train, and utilize
volunteers for its events, entertainment, and other services.
I. Non-exclusive aereement.
Both parties understand and agree that this Agreement is not
an exclusive Agreement between the City and the Agency. The City expressly reserves
the right to contract with other organizations and groups to provide the same or similar
services to those specified under this Agreement, and the Agency understands and agrees
to this reservation of right by the City; provided, however, that should the City contract
with any other group or organization, it shall notify the Agency as soon as possible, but
in any event no later than two (2) weeks prior to such contracted event(s).
7. Steerine Committee.
The Agency agrees to establish and appoint a Steering Committee to
provide recommendations to the Agency regarding the Programs. The membership of the
Steering Committee shall be comprised of citizens of the City of Virginia Beach and shall
include designated representatives of the Hotel and Motel Association, the Resort Retailers
Association and the Restaurant Association, provided said Associations agree to have a
representative serve on the Committee. The Agency, with input from the Steering
Committee, shall develop, approve, and recommend to the City all schedules of events and
budgets, and any proposed amendments thereto, as required by paragraph 8A. The
Agency shall provide all financial reports required by this Agreement to the Steering
Committee for its review and recommendations as well as any information necessary for
the performance of the Committee's duties hereunder.
.
Program Schedules, Budgets. and Funding.
A. Pret~aration of schedules and budeets.
The following requirements are set forth for the preparation
of program schedules and budgets'
(i) The Agency shall develop, with input from the Steering
Committee, separate schedules of proposed events for both the "General Entertainment"
and "Major Events" components of the Programs.
(ii) The Agency shall also develop, with input from the
Steering Committee, separate budgets for each component with one (1) budget showing
an itemized breakdown of program costs for the "General Entertainment" component of
the Programs and one (1) budget showing an itemized breakdown of program costs for the
"Major Events" component of the Programs. The Programs' budgets shall include
estimated revenues from all sources, itemized from the various sources, by event where
applicable, and shall include proposed expenses by the various uses, by event where
applicable. For purposes of this Agreement, the following definitions apply'
(a)
Program costs shall be those costs directly
associated with the provision of a specific event or other scheduled activity. Such costs
shall include, but not necessarily be limited to, performance fees, contract riders, the
provision of staging, lighting and sound equipment, advertising, salaries of individuals
hired specifically for an event, and such other costs as applicable.
(b) Administrative costs shall be those costs directly
associated with the actual administration of the Programs. Such costs shall include, but
not necessarily be limited to, allowance for bad debt expense, contractual services,
depreciation, dues and subscriptions, equipment, fringe benefits, furniture and fixtures,
insurance, legal and accounting fees, office supplies, rent, repairs and maintenance,
salaries (including the compensation for staff required by paragraph 6 F), taxes, training
and seminars, travel and utilities. In addition, the costs of the audits and financial reports
required herein shall constitute "administrative costs". Notwithstanding the above, if the
City requires additional administrative services above and beyond the requirements of this
Agreement, the Agency shall be permitted to pay the reasonable costs incurred for such
services with funds provided hereunder upon submission to the City of, and the City's
approval of, invoices for such services. The City agrees to pay a fee to the Agency for
administration of the Programs. Said fee shall compensate the Agency for any and all
administrative costs associated with its administration of the Programs including any profit
therefrom. The administrative fee, in an annual amount, inclusive of both General and
Major Events program components shall be $255,000 plus a commission of thirty-three
percent of all cash sponsorship and net concessions revenues raised over actual 1994
levels. For the second year of the agreement, the thirty-three percent commission would
be calculated on the amount raised over actual 1995 levels.
Ce
General Entertainment component funding.
Proposed funding for the "General Entertainment" component
shall be based upon an appropriation of general City revenue specifically for this
component, and the budget for such component shall not exceed such amount except
where supplemented by sponsorships and by revenues generated by boardwalk sales,
special events, and concessions.
D. Major Events component funding.
Proposed funding for the "Major Events" component of the
Programs shall be based upon, and the budget for such component may not exceed, the
revenues estimated by the City to be generated during the term of this Agreement by the
one-half (2,6) percent increase in the transient tax authorized by Section 35-159 of the City
Code as adopted by City Council on November 24, 1992, and such additional revenues
as may be appropriated by the City in support of the "Major EventsM component, except
where supplemented by sponsorships and by revenues generated by boardwalk sales,
special events, and concessions.
E. Schedule and budget submittal.
10
The Agency shall submit the proposed schedules and budgets
developed pursuant to paragraph 8A, along with any separate recommendations of the
Steering Committee, to the City for its review and approval by December 1, 1994, or as
soon thereafter as possible, but in no event !ater than December 15, 1994. The City shall
expeditiously review and either approve such proposed schedules and budgets or submit
its objections to the Agency by January 1, 1995. It is understood that no funds shall be
disbursed to or expended by the Agency until the City has granted final approval of the
schedules and budgets submitted to the City by the Agency. Proposed schedules of events
and the component budgets are to be reviewed quarterly by the Agency and the City, and
amendments to such schedules or component budgets may be made following the Agency's
submission of any such amendment to the Steering Committee for its review and
recommendations, and approval of same by the City, in the same manner as set forth in
paragraph 8A.
F. Disbursements.
(i) Disbursements for approved "program costs" shall be
made to the Agency in four (4) separate installments on or before January 2nd, April 1st,
July 1st and October 1st unless otherwise agreed by the City. Such disbursements shall
only be made upon submission by the Agency of an itemized voucher detailing the funds
required for the ensuing three-month period, and stating the purposes of such funds with
specific reference to approved budget items.
(ii) Disbursements for approved "administrative fees" shall
also be made to the Agency in four (4) equal quarterly installments due in accordance with
paragraph 8F(i) during the term of this Agreement.
3.1
(iii) Any request by the Agency for the disbursement of
funds in addition to those disbursed by the City pursuant to City-approved schedules and
budgets must be accompanied by amendments to said schedules and budgets developed by
the Agency. No additional funds shall be disbursed unless, and until, the City has
reviewed and approved any such amended schedule and budget.
(iv) The Agency shall be required to submit invoices for the
payments specified in paragraphs 8F(i), (ii) and (iii). Invoices for such amounts must be
submitted no more than thirty (30) and no less than fifteen (15) days prior to the due
dates. The City requires fifteen (15) days to process each invoice.
G. Proeram accounts.
The Agency shall maintain a separate bank account for
program funds disbursed to the Agency by the City. Said account shall also contain all
funds from sponsorships, boardwalk sales, concessions, and other revenues but shall
exclude administrative funds.
H. Overrun rest>onsibilitv.
The Agency understands and agrees that funds disbursed by
the City shall be applied in accordance with the City-approved budgets, and any City-
approved amendments thereto, and that the City shall not be liable for any costs incurred
by the Agency in excess of those set forth in such approved budgets or approved
amendments thereto.
I. Fund balance.
Any funds which are disbursed by the City for program costs
and any additional revenues collected by the Agency pursuant to paragraph 6D of this
12
Agreement which are unobligated upon expiration of this Agreement shall be returned to
the City within thirty (30) days of such expiration.
J. Amended revenue r~roiections.
In the event that projected revenues from the one-half percent
transient tax referenced in paragraph 8D are revised by the City after City approval of the
budget for the "Major Events" component, the Agency shall, upon notification from the
City, submit an amended budget reflecting the altered funding.
K. Unexr~ended funds.
Any funds disbursed to the Agency by the City or revenues
received by the Agency from other sources or activities in association with the Programs
and which are in the possession of the Agency on the date of execution of this Agreement
and any renewals hereof, shall be applied towards the City-approved budgets for program
expenses.
9. Financial Reporting.
A. Monthly financial reports shall be submitted to the City during
the term of this Agreement. Said reports shall be due on the last day of the month
following the month reported (e.g., January, 1995, report due on or before February 28,
1995).
B. The Agency shall keep separate accounting records for the
"General Entertainment" and "Major Events" components of the Programs.
C. The following information shall be provided in summary form
for the "General Entertainment" and "Major Events" components and shall include both
month and year to date totals for the "General Entertainment" component, and shall be
reported by event and year to date for "Major Events".
13
(i) Budget to actual comparison of all sources of funds
(e.g., City funding, sponsorships, boardwalk sales and concessions, in-kind services, and
other types of funding) for "General Entertainment" and "Major Events" activities held
during each month;
(ii) Comparison of budget to actual expenses and
obligations for all uses of funds by category (e.g., advertising, contract riders,
entertainment, hospitality, in-kind services, logistical costs, office supplies, and other uses
of funds) for "General Entertainment" and "Major Events" activities held during each
month.
(iii) Excess (deficiency) of sources of funds over uses of
funds;
(iv) Reconciliation of quarterly program expenses to
quarterly request for funds;
(v) Explanation of deviations/variances from City-approved
budgets; and
(vi) A complete copy of the General Ledger which shall
include a detailed listing of all year to date transactions.
D. The above-mentioned financial information shall also be
provided to the Steering Committee on a monthly basis for its review and
recommendations.
10. Audit.
An annual audit of the Agency, at its expense, shall be prepared by
a certified public accountant who is acceptable to the City and conducts the audit
according to generally accepted auditing standards. This report and a copy of the
14
management letter shall be submitted to the City no later than March 15th of each year
following a year in which this Agreement was in force. The Agency's books and records
shall be available for inspection by the City or its duly authorized representatives during
regular office hours.
11. Risk Manaeement.
A. The Agency shall be liable for damages to any buildings,
equipment, or facilities arising out of negligence on the part of the Agency or any of its
officers, agents, employees, or volunteers. The Agency agrees to indemnify, defend, and
hold the City of Virginia Beach, its officers, agents, employees, and volunteers, harmless
from and against any and all claims of whatever nature, including injury or death to any
person or damage to any property arising out of, resulting from, or relating to the
Agency's performance under this Agreement.
B. The Agency shall obtain and maintain in full force and effect
during the term of this Agreement Commercial General Liability insurance in an amount
not less than Five Million Dollars ($5,000,000) Combined Single Limits. Such insurance
shall be in a form, and written by a company, acceptable to the City and shall name the
City as an additional insured. The Agency shall also maintain workers' compensation
insurance in accordance with Virginia statutes. If the Agency or its subcontractors' or
service providers' performance under this Agreement requires the operation of licensed
motor vehicles (including licensed trailers) on City property (see note below), the Agency
shall maintain or require its subcontractors or service providers to maintain in full force
and effect during the term of their performance under this Agreement automobile liability
insurance in an amount not less than One Million Dollars ($1,000,000) Combined Single
Limits. All such insurance shall be written in a form, and written by companies,
15
acceptable to the City, and certificates of insurance certifying to such coverage shall be
delivered to the City at the time of execution of this Agreement. All forms/contracts that
could potentially put the City in a liable position must be reviewed and adjustments, if
necessary, shall be made by the City. Note: The requirement for automobile liability
insurance shall not apply if licensed motor vehicles are being used solely for transportation
to a job site and are operated only on City streets and parked in normal parking areas and
facilities.
C. The Agency shall also obtain and maintain in full force and
effect during the term of this Agreement commercial crime insurance including employee
dishonesty coverage and endorsements naming the City as joint loss payee and joint
insured at limits not less than Five Hundred Thousand Dollars ($500,000.00).
D. The Agency shall provide a contract bond or letter of credit
in the amount of twenty-five percent (25 %) of its total administrative fees. The contract
bond or letter of credit shall ensure the Agency's faithful performance in strict conformity
with the Agreement. Such bond or letter of credit shall be issued by a company subject
to the approval of the City of Virginia Beach, shall be payable to the "Treasurer, City of
Virginia Beach", and shall be maintained throughout the entire term of this Agreement.
12. Termination.
A. In the event that the Agency shall for any reason or through
any cause be in default of the terms of this Agreement, the City may give the Agency
written notice of such default by certified mail/return receipt requested. Unless otherwise
provided, the Agency shall have ten (10) days from the date such notice is received to
cure the default. Upon failure to cure the default, the City may immediately cancel and
3.6
terminate this Agreement as of the mailing date of the default notice, and the Agency shall
immediately cease performance of any further work hereunder.
B. In the event this Agreement is terminated, all funds and
revenues that are related to this Agreement, and that remain in the possession of the
Agency as of the date of notification of such termination, shall be returned to the City
immediately, whether or not such funds and revenues have been obligated. Any
administrative fees will be prorated on a daily basis from January 1 to the date of
termination.
13. Non-Assienment.
The Agency shall not assign its rights, privileges, duties or
obligations under this Agreement to any third party or parties without the prior written
consent of the City.
14. Modification.
No modification or amendment to this Agreement shall be effective
unless any such modification or amendment is in writing and executed by the authorized
representative of the City and the Agency with the same degree of formality as this
Agreement.
15. Notices.
All notices from one party to the other required or provided
hereunder shall be in writing and shall be deemed given when hand-delivered or sent by
certified mail and addressed as follows:
17
From the Agency to the City:
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
From the City to the Agency:
William Reid
Cellar Door Productions of Virginia, Inc.
305 Lynnhaven Parkway
Suite//201
Virginia Beach, Virginia 23452
16. Governin~ Laws.
This Agreement is entered into and is intended to be performed in
Virginia, and the validity, enforceability, interpretation, and construction hereof shall be
determined and be governed by the laws of the Commonwealth of Virginia.
17. Non-Discrimination.
A. The Agency shall not discriminate against any employee
(including any volunteer), any applicant for employment, or any contractor and/or
employees and agents of such contractors on the basis of race, religion, color, sex,
national origin, or disability. The Agency shall post in a conspicuous place accessible to
employees, applicants for employment, and contractors a notice setting forth the provisions
of this paragraph. Furthermore, the Agency shall state that it is an equal opportunity
employer in all employment related solicitations or advertisements, and in all solicitations
for contractual arrangements.
B. In the procurement of goods and services associated with the
Program, the Agency agrees to use its best effort, and to work in conjunction with the
City to ensure that all potential providers of such goods and services have the opportunity
to participate in the provision of such goods and services.
3.8
18. Patented, Trademarked. Franchised or Copyrighted Materials.
The Agency agrees to assume all costs arising from the use of
patented, trademarked, franchised or copyrighted music, materials, devices, processes or
dramatic rights used on or incorporated into any event or activity. The Agency further
agrees to indemnify and hold the City and its officers, employees, and agents harmless
from any and all claims and costs, including legal fees, which might arise in connection
with or as a result of the use of any such material described herein.
19. Americans With Disabilities Act.
The Agency agrees to conduct the Programs with due regard to safety
and in particular agrees to accommodate the needs of disabled persons whose rights are
protected under the Americans With Disabilities Act and who choose to participate in any
Programs. Disabled accommodations include but are not limited to the acquisition or
construction of special equipment such as ramps, hearing-impaired amplification equipment
and sight-impaired magnification equipment, and the modification of event logistics
designed to give the disabled the greatest possible access to said Programs.
20. Riehts to Events and Activities.
Following termination or expiration of this Agreement, the City shall
have the right to continue to conduct any events and activities conducted by the Agency
during the term of this Agreement. In addition, the name given by the Agency to any
event or activity funded hereunder shall automatically become the property of the City.
21. Non-Appropriation.
It is understood and agreed between the parties herein the City shall
be bound hereunder only to the extent that funds shall have been appropriated and
budgeted or are otherwise available for the purpose of this Agreement. In the event no
3.9
funds or insufficient funds are appropriated and budgeted or are otherwise available by any
means whatsoever in any fiscal period for payments due under this Agreement, then the
City shall immediately notify the Agency of such occurrence and this Agreement shall
terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to the City of any kind whatsoever.
22. Entire Agreement.
This Agreement contains the entire agreement between the parties
hereto and supersedes any prior or contemporaneous negotiations, understanding, and
agreements, written or oral, between the parties.
CITY OF VIRGINIA BEACH
By:
City Manager/Duly
Authorized Designee
ATTEST:
City Clerk
Cellar Door Productions of Virginia, Inc.
By:
ATTEST:
2o
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I,
, a Notary Public in and for the City
and State aforesaid, do hereby certify that
the City of Virginia Beach, Virginia, whose name as such is signed to the foregoing
Agreement, has acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this
day of , 1994.
Notary Public
My Commission Expires:
Approved as to risk management:
Approved as to content:
Approved as to legal sufficiency:
Approved as to availability of funds:
23.
COUNCILMAN JOHN a BAUM
BLACKWATER BOROUGH
City of Virginia
Beach
6465 CRAGS CAUSEWAY
VIRGINIA BEACH VIRGINIA 23457
(804) 421-2652
December 13, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
.
The transaction for which I am executing this written disclosure 1s the Council
consideration and vote on an ordinance authorizing the City Manager to enter
into an agreement with Cellar Door Productions of ¥irgima, Inc. to provide
a general entertainment/major events program.
.
The nature of my personal interest is that I have been a member of the Krug' s
Court of the Neptune Festival, I currently serve as a member of the Royal
Order of the Neptune Festival, and Virginia Beach Events Unlimited, Inc.
("VBEU"), one of the organizations that submitted a proposal ~n response to
the Request for Proposal for the general entertainment and major events
program, promotes, sponsors, and coordinates the Neptune Festival.
However, I do not receive any salary or other compensation from VBEU, do
not have an ownership interest in VBEU, and do not ~ncur or assume any
personal liability on behalf of VBEU. In fact, I pay three hundred dollars
($300.00) a year for the privilege of being a member of the Royal Order.
Mrs. Ruth Hodges Smith -2- December 13, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
,
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
John A. Baum
Councilman
JAB/clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
In Reply Refer To Our File No. OP-261
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9004
(804) 427-4531
FAX (804) 426-5687
TOD (804) 427-4305
December 13, 1994
Councilman Jo~ A. Baum
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Councilman Baum'
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on an ordinance authorizing the City
Manager to enter into an agreement with Cellar Door Productions of Virginia, Inc. to
provide a general entertainment/major events program. The ordinance is scheduled for the
December 13, 1994, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in an ordinance authorizing the City Manager to enter
into an agreement with Cellar Door Productions of Virginia, Inc. to provide a general
entertainment/major events program. Thus, you would be permitted to participate in
Council's discussion and vote on the ordinance without restriction. For your information,
I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should you desire
to disclose your relationship and participate. I have also outlined the applicable provisions
for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to pamcipate.
Councilman John A. Baum -2- December 13, 1994
Re: Conflict of Interests Opinion
I base the aforesaid conclusions on the following facts. Please review and verify the
accuracy of the facts as set forth as you may only rely upon this opinion if they are correct
and complete.
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on an ordinance authorizing the City Manager to enter into an agreement with Cellar
Door Productions of Virginia, Inc. to provide a general entertainment/major events program.
On September 30, 1994, the City issued a Request for Proposals ("RFP") for the promotion
and provision of a general entertainment and major events program in the Resort Area and
surrounding premises, and four proposals were received in response to the RFP. A
committee of six City employees was appointed to evaluate and rank the proposals in
accordance with the evaluation criteria set forth in the RFP. Based on its evaluation and
ranking, the committee "short-listed" to the two top-ranked fu'ms, and entered into
negotiations with these two firms. The "short-listed" frans were Cellar Door Productions
of Virginia, Inc. ("Cellar Door") and Virginia Beach Events Unlimited, Inc. ("VBEU").
Based on these negotiations, the committee recommended that a contract be awarded to
Cellar Door.
You have advised that your concern, and reason for requesting this opinion, is that
VBEU promotes, sponsors, and coordinates the annual Neptune Festival, and that you have
served on the King's Court of the Neptune Festival and currently serve as a member of the
Neptune Festival's Royal Order. You have further advised, however, that you do not
receive any salary or other compensation from VBEU, do not have any ownership interest
in the corporation, and do not assume any liability on behalf of the corporation. In fact, you
have advised that you pay three hundred dollars ($300.00) a year for the privilege of being
a member of the Royal Order.
ISSUE
Are you precluded from participating in City Council's discussion and vote on an
ordinance authorizing the City Manager to enter into an agreement with Cellar Door
Productions of Virginia, Inc. to provide a general entertainment/major events program?
Councilman John A. Baum -3- December 13, 1994
Re: Conflict of Interests Opinion
DISCUSSION
I. Applicable Definitions of the Act,
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on an ordinance authorizing the City Manager
to enter into an agreement with Cellar Door Productions of Virginia, Inc. to provide a
general entertainment/major events program would be a "transaction" as defined by the Act.
A transaction includes any matter considered by any governmental agency on which official
action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an mediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the defmition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to VBEU, you do not receive any salary or other
compensation from the corporation, do not have any ownership interest in the corporation,
Councilman John A. Baum
-4-
December 13, 1994
Re: Conflict of Interests Opinion
and do not incur or assume any personal liability on behalf of the corporation. Therefore,
I conclude that you do not have a personal interest VBEU as defined by the Act.
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a "personal interest in the transaction~ as defined in the Act.
llI. Disclosure Requirements
Based on the fact that you do not have a personal interest in an ordinance authorizing
the City Manager to enter into an agreement with Cellar Door Productions of Virginia, Inc.
to provide a general entertainment/major events program, you are not restricted in voting as
to that item. Nevertheless, if you are concerned that your participation as to this matter may
create some appearance of impropriety because of your position, there are two options
available to you which may diffuse any perception problems that may arise:
.
You may either disclose the facts as presented herein and proceed to vote as
to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shah retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against aH
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in the transaction after
disclosure. However, if you are concerned that participating in the transaction, even after
Councilman John A. Baum
-5-
December 13, 1994
Re: Conflict of Interests Opinion
disclosure, could create an unacceptable appearance, you may abstain from voting under §
2.1-639.14(E) provided that you first disclose your interest in the transaction.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L~
City Attorney
LLL/RMB/clb
Enclosures
City of Virginia Beach
WILLIAM D SESSOMS JR
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 473-3926
December 13, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuam to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
.
The transaction for which I am executing this written disclosure is the Council
consideration and vote on an ordinance authorizing the City Manager to enter
into an agreement with Cellar Door Productions of Virginia, Inc. to provide
a general entertainment/major events program.
.
The nature of my personal interest is that I have been a member of the King' s
Court of the Neptune Festival, I currently serve as a member of the Royal
Order of the Neptune Festival, and Virginia Beach Events Unlimited, Inc.
("VBEU"), one of the organizations that submitted a proposal in response to
the Request for Proposal for the general entertainment and major events
program, promotes, sponsors, and coordinates the Neptune Festival.
However, I do not receive any salary or other compensation from VBEU, do
not have an ownership interest in VBEU, and do not incur or assume any
personal liability on behalf of VBEU. In fact, I pay three hundred dollars
($300.00) a year for the privilege of being a member of the Royal Order.
Mrs. Ruth Hodges Smith -2- December 13, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
3.
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY A'VrORNEY
In Reply Refer To Our File No. OP-263
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456-9004
(804) 421-4531
FAX (804) 426-5687
TDD (804) 427-4305
December 13, 1994
Vice-Mayor William D. Sessoms, Jr.
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Vice-Mayor Sessions:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on an ordinance authorizing the City
Manager to enter into an agreement with Cellar Door Productions of Virginia, Inc. to
provide a general entertainment/major events program. The ordinance is scheduled for the
December 13, 1994, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in an ordinance authorizing the City Manager to enter
into an agreement with Cellar Door Productions of Virginia, Inc. to provide a general
entertainment/major events program. Thus, you would be permitted to participate in
Council's discussion and vote on the ordinance without restriction. For your information,
I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should you desire
to disclose your relationship and participate. I have also outlined the applicable provisions
for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to participate.
Vice-Mayor William D. Sessoms, Jr. -2- December 13, 1994
Re: Conflict of Interests Opinion
I base the aforesaid conclusions on the following facts. Please review and verify the
accuracy of the facts as set forth as you may only rely upon this opinion if they are correct
and complete.
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on an ordinance authorizing the City Manager to enter into an agreement with Cellar
Door Productions of Virginia, Inc. to provide a general entertainment/major events program.
On September 30, 1994, the City issued a Request for Proposals ("RFP") for the promotion
and provision of a general entertainment and major events program in the Resort Area and
surrounding premises, and four proposals were received in response to the RFP. A
committee of six City employees was appointed to evaluate and rank the proposals in
accordance with the evaluation criteria set forth in the RFP. Based on its evaluation and
ranking, the committee "short-listed" to the two top-ranked firms, and entered into
negotiations with these two firms. The "short-listed" firms were Cellar Door Productions
of Virginia, Inc. ("Cellar Door") and Virginia Beach Events Unlimited, Inc. CVBEU").
Based on these negotiations, the committee recommended that a contract be awarded to
Cellar Door.
You have advised that your concern, and reason for requesting this opinion, is that
VBEU promotes, sponsors, and coordinates the annual Neptune Festival, and that you have
served on the King's Court of the Neptune Festival and currently serve as a member of the
Neptune Festival's Royal Order. You have further advised, however, that you do not
receive any salary or other compensation from VBEU, do not have any ownership interest
in the corporation, and do not assume any liability on behalf of the corporation. In fact, you
have advised that you pay three hundred dollars ($300.00) a year for the privilege of being
a member of the Royal Order.
ISSUE
Are you precluded from participating in City Council's discussion and vote on an
ordinance authorizing the City Manager to enter into an agreement with Cellar Door
Productions of Virginia, Inc. to provide a general entertainment/major events program?
Vice-Mayor William D. Sessoms, Jr. -3- December 13, 1994
Re: Conflict of Interests Opinion
DISCUSSION
I. Applicable Definitions of the Act.
A. City Council is a governmental agency, as it is a legislative branch of local
government as def'med in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on an ordinance authorizing the City Manager
to enter into an agreement with Cellar Door Productions of Virginia, Inc. to provide a
general entertainment/major events program would be a "transaction" as defined by the Act.
A transaction includes any matter considered by any governmental agency on which official
action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a f'mancial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to VBEU, you do not receive any salary or other
compensation from the corporation, do not have any ownership interest in the corporation,
Vice-Mayor William D. Sessoms, Jr. -4-
December 13, 1994
Re: Conflict of Interests Opinion
and do not incur or assume any personal liability on behalf of the corporation. Therefore,
I conclude that you do not have a personal interest VBEIJ as defined by the Act.
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a "personal interest in the transaction ~ as defined in the Act.
m. Disclosure Requirements
Based on the fact that you do not have a personal interest in an ordinance authorizing
the City Manager to enter into an agreement with Cellar Door Productions of Virginia, Inc.
to provide a general entertainment/major events program, you are not restricted in voting as
to that item. Nevertheless, if you are concerned that your participation as to this matter may
create some appearance of impropriety bemuse of your position, there are two options
available to you which may diffuse any perception problems that may arise:
1,
You may either disclose the facts as presented herein and proceed to vote as
to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in the transaction after
disclosure. However, if you are concerned that participating in the transaction, even after
Vice-Mayor William D. Sessoms, Jr. -5- December 13, 1994
Re: Conflict of Interests Opinion
disclosure, could create an unacceptable appearance, you may abstain from voting under §
2.1-639.14(E) provided that you first disclose your interest in the transaction.
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
City of Virginia }3e ch
LOUIS R JONES
COUNCILMAN - BAYS~DE BOROUGH
(804) 583-0177
1008 WITCH POINT TRAIL
VIRGINIA BEACH VIRGINIA 23455
December 13, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
V~rginia Beach, Virginia 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
le
The transaction for which I am executing this written disclosure Is the City
Council's discussion and vote on an ordinance to estabhsh Lake Ridge
Acquisition Project it 2-265, to transfer $8,500,000 from various CIP projects,
to appropriate $1,000,000 from the General Fund Balance, and to authorize
the City Manager to enter into a land purchase agreement.
,
The nature of my personal interest is that I own property located on the
southeast comer of Princess Anne Road and Landstown Road adjacent to the
Lake Ridge property. My property is valued in excess of $10,000 and is
zoned AG-2. In addition, my property is subject to a conditional use perlmt
allowing use of the parcel as a cemetery, mausoleum, and columbarium. A
portion of my property is currently in use as a cemetery and the remaining
portion is undeveloped.
Mrs. Ruth Hodges Smith
-2-
December 13, 1994
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
.
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I resl~ectfully re~luest that yeu recer~i this ~leclaration in y,ur .fficial
rec.r~ls. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which
addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Louis R. J on~
Councilmemb'er
LRJ/clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY A'I'FORNEY
0P-255
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 2345~-9(X)4
(804) 427-4531
FAX (804) 426-5687
TOO (804) 427.4................~
November 28, 1994
Councilman Louis R. Jones
Municipal Center
Virginia Beach, Virginia 23456
Re' Request for Conflict of Interests Act Opinion
Dear Mr. Jones:
I am writing in response to your request for an opinion as to whether or not you
would be permitted to participate in City Council's discussion and consideration of the
possible purchase, by the City of Virginia Beach, of property commonly referred to as "Lake
Ridge."
SUMMARY/CONCLUSION
From my review of the State and Local Government Conflict of Interests Act and the
information provided by you as referenced herein, I am of the opinion that you would not
have a "personal interest" in Councd's discussion and consideration of the possible purchase,
by the C~ty, of Lake Ridge. Thus, you would be permitted to participate in such discussion
and consideration without restricuon. Nevertheless, I have outlined the disclosure
requirements of § 2.1-639.14(G) of the Act should you choose to disclose your interest prior
to participating. Furthermore, I have outlined the applicable provisions for abstention, set
forth in § 2.1-639.14(E), should you choose to disclose your ~nterest and abstain from
participating.
Councilman Louis R. Jones -2- November 28, 1994
Re: Request for Conflict of Interests Act Opinion
I base the aforesaid conclusions on the following facts and discussion. Please review
and verify the accuracy of the facts as set forth as you may only rely upon this opinion if
they are correct and complete.
FACTS PRESENTED
Your request for an advisory opinion 15 generated by City Council's discussion and
consideration of the possible purchase, by the C~ty of Vlrgima Beach, of property commonly
referred to as Lake Ridge. Lake Ridge is located adjacent to Princess Anne Road, between
Landstown and North Landing Roads, and contains 1,192.50 acres.
You have advised that your concern and reason for requesting this opinion is that you
own property located on the southeast corner of Princess Anne Road and Landstown Road
adjacent to the Lake Ridge property. Your property is valued in excess of $10,000 and ~s
zoned AG-2. In addttaon, your property is subject to a conditional use permit allowing use
of the parcel as a cemetery, mausoleum, and columbarmm. You indicate that a portion of
your property ~s currently in use as a cemetery and the remaining port~on is undeveloped.
ISSUE
Are you permitted to parucipate in C~ty Council's discussion and consideration of the
possible purchase, by the C~ty of V~rgima Beach, of property commonly referred to as Lake
Ridge?
DISCUSSION
I. Applicable Definitions of Section 2.1-639. l
A. The City Council is a governmental agency, as it is a legislatave branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict
of Interests Act.
Be
Act.
You are an officer within the meaning of § 2.1-639.2 of the above-referenced
C. City Council's discussion and consideration of the possible purchase, by the
Caty of Virginia Beach, of the Lake R~dge property ~s a "transaction" as defined by the Act.
The Act defines a transaction as "any matter considered by any...governmental agency on
which official action ~s taken or contemplated." § 2.1-639.2.
Councilman Louis R. Jones -3- November 28, 1994
Re: Request for Conflict of Interests Act Opinion
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the bus~ness; (2) annual ~ncome
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $I0,000.00 in value,
exclusive of ownership in a business, or salary; or 5) personal liabihty incurred or assumed
on behalf of a bus~ness which exceeds 3 % of the asset value of the business.
E. Section 2.1-639.2 defines a "personal ~nterest in the transaction" as existing
when an officer or employee or a melnber of h~s immediate famdy has a personal interest
in property or a business or represents any individual or business and such property, business
or represented individual (i) ~s the subject of the transaction or (ii) may realize a reasonably
foreseeable direct or indirect benefit or detriment as the result of the agency considering the
transaction.
II. Application of Definitions
A. Personal Interest
You have a personal interest ~n the land you own on Princess Anne Road by
virtue of its value in excess of $10,000.
B. Personal Interest in the Transaction
In order to have a personal interest in a transaction, your property must be
either the subject of the transaction or realize a reasonably foreseeable direct or indirect
benefit or detriment as a result of the transaction. Clearly, your property is not the subject
of the transaction. However, the question of "reasonable foreseeability" remains.
In a prior opinion, dated August 10, 1993, this Office concluded that you did
have a "personal interest" ~n the conditional zoning applications of Lake Ridge Associates
for a portion of the Lake Ridge property. That opinion stated as follows:
The approval of the conditional zoning applications of Lake
Ridge Associates, in conjunction with prior rezonings of the
Lake Ridge property, would amount to a major land use change
in the City. Because the proposed rezoning is so large in scope
Councilman Louis R. Jones -4- November 28, 1994
Re: Request for Conflict of Interests Act Opinion
as to substantially change the land use in that area, an adjacent
landowner who is similarly situated to the Lake Ridge property
could arguably expect to be treated similarly with respect to a
rezoning application. Therefore, I conclude that it is reasonably
foreseeable that the outcome of the applications for rezoning of
Lake Ridge Associates may have an affect on your property and
thus you have a personal interest in the transactions within the
meaning of the Conflict of Interests Act.
That opinion went on to conclude, however, that you could participate in the
Council's discussion and vote on the applications upon disclosure of your interest since you
were a member of a group, i.e., other property owners, the members of which would be
similarly affected by Council's actions.
The transactions before Council do not, however, apply solely
to your property. You are a member of a group of owners of
properties in near proximity of the Lake Ridge parcel who will
be s~milarly affected by the Council's vote on the rezomng (the
Planning Department has advised that there are more than thirty
[30] immediately adjacent parcels). Therefore, ~t is my opinion
that you may participate in the Council's discussion and vote
concerning the rezoning applications, as long as you comply
with the disclosure requirements of § 2.1-639.14(G).
With respect to the issue presented herein, City Council is not considering a
change in the zoning of the Lake Ridge property. The contemplated action is whether or not
it would be in the City's best interests to purchase the property, rn that regard, in my
opinion it is not reasonably foreseeable that the purchase of Lake Ridge by the City would,
in and of itself, result in a direct or indirect benefit or detriment to your property. ~
~A final factor to be considered in determining whether a "personal interest in a transaction"
exists is the extent to which the effect of the transaction is speculative, remote, or contingent on factors
beyond the (officer's) control. In circumstances where the effect of the transaction is speculative, remote,
or contingent on factors beyond the (officer's) control, it is my opinion that it is not reasonably
foreseeable that the officer's "personal interest" will benefit or suffer as a result of the pending
transaction. Report of the Attorney Getteral of Vtrg#tia 1986-1987 at 15 (parentheses added).
Councilman Louis R. Jones
-5-
Re: Request for Conflict of Interests Act Opinion
November 28, !994
Disclosure Requirements
Based on the fact that you do not have a personal interest City Council's d~scussion
and consideration of the possible purchase, by the City of Virginia Beach, of the property
commonly referred to as Lake Ridge, you would be permitted to participate in such
discussion and consideration without restriction. If you are concerned, however, that your
participation as to this matter may create some appearance of impropriety because of your
posiuon, there are two options available to you which may diffuse any perception problems
that may arise:
1. You may disclose your interest and proceed to participate as to this matter; or
2. You may disclose your interest and abstain from participating.
Should you decide to disclose your interest and participate, I would be more than
happy to prepare, for your convenience, a proposed disclosure letter which complies with
§ 2.1-639.14(G) of the Act. You may either make this declaration orally, which is to be
recorded in the written minutes of the C~ty Council, or you may file a signed written
declaration with the Clerk of the City Council, who shall retain and make this document
available for public inspectton for a period of five years from the date of recording or
receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, howeyer, protect against all
appearances of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in the transaction, without
restriction, or declare your interest and parucipate after disclosure. However, if you are
concerned that participating in the transaction, even after disclosure, could create an
unacceptable appearance, you may abstain from participating provided that you first disclose
your interest in the transaction. Should you decide to disclose your interest and abstain from
participating, I would also be happy to prepare, for your convenience, a proposed disclosure
letter which complies with § 2.1-639.14(E) of the Act.
Councilman Louis R. Jones
-6-
Re: Request for Conflict of Interests Act Opinion
November 28, 1994
Please contact me should you desire any additional information.
LLL/RMB/clb
Very truly yours,
Leslie L. L~
City Attorney
Seen and Concurred:
l~obert ff./~I~ mp, h~y~
Commoflwealth s A'~r4~ey
- 20 -
Item 111-1,3,
ORDINANCES
ITEM # 38656
The following spoke in SUPPORT of the Ordinance:
Henry Richardson, President of the Virginia Beach Hotel/Motel Association, 968 South Oriole Drive,
Phone: 428-8015. Mr. Richardson presented Statement of Support from the VBHMA, which is hereby
made a part of the record
The following spoke in OPPOSITION:
Al Strazzullo, 3120 Sand Pt'ne Road, Phone; 481-0024
Lou Pace, 1908 Hunts Neck Court, Phone. 468-0925
A motion was made by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, to ADOPT Ordinance
to establish Acquisition Project #2-265 in the CIP for 1,192 acres, known as Lake Ridge, and,
TRANSFER $8,500,000 from various CIP projects, APPROPRIATE $1,000,000 from the General Fund
balance; AND, AUTHORIZE the City Manager enter into a Land Purchase Agreement.
*A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Council Lady Parker to
DENY Ordinance to establish Acquisition Project #2-265 in the CIP for 1,192 acres, known as Lake
Ridge; and, TRANSFER $8,500,000 from various CIP projects, APPROPRIATE $1,000,000 from the
General Fund balance; AND, AUTHORIZE the City Manager enter into a Land Purchase Agreement.
*Councilman Moss had requested this $9.5-MILLION be utihzed to address the school parity issues. City
Attorney Les Lilley had advised no new subject can be introduced through the pretext of being an
amendment.
Voting:
3-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert K. Dean, John D. Moss and Nancy ~ Parker
Council Members Voting Nay.
John A. Baum, Linwood O. Branch, 111, Barbara M Henley, Louis R.
Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns.
Jr., and Louisa M. Strayhorn
Council Members Abstaining.
William W. Harrison, Jr.
Councd Members Absent:
None
Councilman Harrison ABSTAINED as his law firm represents the seller of the property
Councilman Jones DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he owns
property located on the southeast corner of Princess Anne Road and Lanclstown Road adjacent to the Lake
Ridge property. Councilman Jones' property ts valued in excess of $10,000 and is zoned AG-2.
Councilman Jones declared he was able to participate in the transaction fairly, objectively and in the
public interest. Councilman Jones' letter of December 13, 1994, ts hereby made apart of the record.
December 13, 1994
- 21 -
Item III-L3,
ORDINANCES
ITEM # 38656 (Continued)
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to establish Acquisition Project #2-265 in the CIP for 1,192
acres, known as Lake Ridge; and,
TRANSFER $8,500,000 from various CIP projects
APPROPRIATE $I, 000,000 from the General Fund balance.
AUTHORIZE the City Manager enter into a Land Purchase Agreement.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Barbara M. Henley, Louis R.
Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessorns,
Jr., and Louisa M Strayhorn
Council Members Voting Nay.
Robert K. Dean, John D. Moss and Nancy IC Parker
Council Members Abstaining:
William W. Harrison, Jr
Council Members Absent.
None
Councilman Harrison ABSTAINED as hts law firm represents the seller of the property.
Councilman Jones DISCLOSED pursuant to Sectton 2.1-639.14(G) of the Code of Virginia, he owns
property located on the southeast corner of Princess Anne Road and Landstown Road adjacent to the Lake
Ridge property. Councilman Jones' proeprty is valued in excess of $10,000 and is zoned AG-2.
Councilman Jones declared he was able to participate in the transaction fairly, objectively and in the
public interest. Councilman Jones' letter of December 13, 1994, is hereby made apart of the record.
December 13, 1994
AN ORDINANCE TO ESTABLISH LAKE RIDGE ACQUISITION
PROJECT #2-265, TO TRANSFER $8,500,000 FROM VARIOUS
CIP PROJECTS, TO APPROPRIATE $1,000,000 FROM THE
GENERAL FUND BALANCE, AND TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO LAND PURCltASE AGREEMENT
WHEREAS, the City of Virginia Beach, in achieving its goals to provide for an increase
7 in open space recreational and tourist related activities for citizens and visitors, to provide land for
8 infrastructure, to provide for economic development, and to provide for future school sites, has
9 the need to acquire additional land,
10
WHEREAS, there is presently available a total of 1,192 acres, known as the Lake Ridge
11 property, strategically located in the City such that the use of the land could be consistent with
12 much of the City's future land needs, at a cost of $9,500,000,
13
WHEREAS, the City Manager has identified $8,500,000 which is available for transfer
14 fi.om various CIP projects to Lake Ridge Acquisition Project #2-265,
15
WHEREAS, the remaining $1,000,000 is available for appropriation from General Fund
16 Balance
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, that Lake Ridge Acquisition Project #2-265 is hereby established as a
19 project in the Capital Improvement Program,
20
BE IT FURTHER ORDAINED that funds in the amount of $8,500,000 be transferred
21 from the CIP projects in the amounts listed below to the Lake Ridge Acquisition Project #2-265
22 Project
23 Number Project Title Amount
24 2-089 Southeastern Expressway Land Acquisition $1,600,000
25 4-960 Outdoor Plan Initiative Reserve 1,600,000
26 2-260 Amphitheater 500,000
27 2-220 Equestrian Racetrack Access Improvements 340,000
28 2-209 Courthouse Loop North Phase II 45,000
29 2-262 30th Street Entertainment Center 2,176,619
30 3-023 Social Services Building Renovations 2,115,000
31 3-994 District Court Building Renovations 123,381
32 TOTAL $8,500,000
33 BE IT FURTHER ORDAINED that funding for CIP projects be amended in
amounts listed below in accordance with the City Manager's funding plan:
Project Project Title 1994 Road Bond TGIF Pay-As-You
Number Authority Go
2-262 30th Street Entertainment Center -$1,000,000 + $1,000,000
2-049 Resort Streetscape Improvements + $1,000,000 -$1,000,000
35
36
37
38
39
BE IT FURTHER ORDAINED that funds in the amount of $1,000,000 be appropriated
40 from General Fund Balance to Lake R~dge Acquisition ProJect//2-265;
41
Be IT FURTHER ORDAINED that the City Manager 1s authorized to enter into a land
42 purchase agreement for the acquisition of Lake R~dge at a price not to exceed $9,500,000.
43
This ordinance shall be in effect from the date of its adoption.
44
Adopted the 13th day of Decem~ ,1994, by the Council of the C~ty of Virginia
45 Beach, Virginia.
APPR~~~2~ONT~NTS
/ ~' ~'SI~NATUR~ ~-'
APPROVED AS TO LEGAL
/ CITY ATTORNEY
- 22 -
Item III-I, 4,
ORDINANCES
ITEM # 38657
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to TRANSFER $30,000 from within the FY 1994-1995
Economic Development Operating Budget re search for an Economic
Development Director.
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
December 13, 1994
AN ORDINANCE TO TRANSFER 930,000 FROM
WITHIN THE FY 1994-95 ECONOMIC DEVELOPMENT
OPERATING BUDGET TO FINANCE THE SEARCH
FOR AN ECONOMIC DEVELOPMENT DIRECTOR
WHEREAS, ~n the effort to find the most qualified person to serve as Director for the Economic
Development Department, ~t would be advantageous to use a professional recruitment agency that
spemal~zes ~n the economic development area;
10
WHEREAS, after receiving proposals from several firms and rewew~ng their background,
credentials, and search approaches, the staff has determined Executive Resource Group to be the most
qualified,
11
12
13
WHEREAS, the contract amount w~th Executive Resource Group is not expected to exceed
930,000 and there are sufficient funds w~th~n the Economic Development Department operating budget
from lapsed salary and fnnge benefit accounts to cover the estimated cost of the contract
14
15
1G
l?
18
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That funds in the amount of 930,000 be transferred from the salary and fringe benefit accounts
to the contractual serwce account w~th~n the FY 1994-95 Economic Development operating budget to
finance a search for a d~rector of Economic Development.
19
20
This ordinance shall be effective on the date of ~ts adoption.
Adopted by the Council of the C~ty of VIrg~ma Beach, V~rg~n~a on the
21 Dec~ ,1994
13th day of
Management and B~udge~'
- 23 -
Item III-I. 5. a.
ORDINANCES ITEM # 38658
Art Walker, 1304 North Schooner Lane, Phone: 340-0131, represented the Virginia Beach Towtng
Advisory Board, spoke in SUPPORT.
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 499-9569, spoke in OPPOSITION.
Letter from Henry H. Richardson, III, President - Virginia Beach Hotel/Motel Association, stating the
position of the VBHMA was made a part of the record.
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED, AS
AMENDED:
Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
Tow Trucks
A. Sectton 21-419 re Definitions.
B. Section 21-421 re Violattons of diviston.
C. Section 21-422 (Subsections A and C) re Signs requtred on
property
D. Section 21-424 re Release of vehicle prior to towing
E. Section 21-425 re Police notification of vehtcle removal
F. Section 21-426 (Subsection A) re Charges for towing and
storage of vehicles (Fixed fee shall be $50; drop-off
fee remains at $15).
G. Section 21-429 re Miscellaneous prohibtted acts by tow
truck service or operator.
The Staff shall evaluate the ordinances and schedule a presentation for
City Council within six (6) months.
Voting. 11-0
Council Members Voting Aye.
John A Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
10
11
12
13
14
15
16
17
18
19
20
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 21, SECTIONS 21-419, 21-421,
21-422, 21-425, 21-426, AND 21-429,
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO TOW
TRUCKS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-419, 21-421, 21-422, 21-425, 21-426 and 21-
429 of the Code of the City of Virginia Beach, Virginia, are hereby
amended and reordained to read as follows:
Section Zl-4~9. Definitions.
Unless a different meaning is required by the context, the
following terms, as used in this division, shall have the meaning
hereinafter respectively ascribed to them:
Custodian means any person who is in possession and control of
a vehicle whether or not such person is the registered owner of the
vehicle. A person who is in possession of the ignition key to a
vehicle, and who is also in possession of a valid driver's license,
shall be deemed to be the "custodian" of such vehicle.
21
22
23
24
25
26
27
28
29
30
31
Operator means any person operating a tow truck for a tow
truck service.
Tow truck service means a person engaged in any business which
provides the services of one or more tow trucks for hire or used
to tow, transport or move motor vehicles on or from public streets
or on or from private property by way of public streets.
Tow truck service storage yard means any property, including
the premises of any service station, upon which vehicles are
stored that have been towed from privately owned lots or property
at the request of the owner of such lot or property and without the
consent of the owner of the vehicle towed.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
Section 21-421. Violations of division.
(a) It shall be unlawful for any person to violate or refuse,
fail or neglect to comply with any of the provisions of this
division concerning tow truck service operation. Each day of any
that a continuing violation of the provisions of any section of
this division occurs shall constitute a separate violation.
(b) Any person violating any provision of this division shall
be guilty of a Class 1 misdemeanor.
Section 21-422. Signs required on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to it customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, containing the following wording:
PRIVATE PARKING
(name of business, apartment,
condominium, motel, hotel,
office building, or organization,
whichever is applicable)
RESIDENTS/CUSTOMERS/CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
(HOURS OF ENFORCEMENT)
Unauthorized cars towed at owner's expense:
$50 00 $44~9~ day7 or ~=~ ~ ight
· v ..... n . Call
427-5616 for location and information
concerning return of car if towed.
This sign or an accompanying sign may also indicate whether
the lot is decal-controlled, and shall contain the name and
telephone number of the contracted towing service, if applicable.
(b) The signs required by this section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the top eight (8) lines shall be at least three (3)
inches in height and, for all other lines, at least one and one-
half (1½) inches in height. The face of the sign shall be composed
of high intensity reflectorized sheeting or like material· The
name of the business may be on a separate sign, but must be
adjacent to the primary sign containing the information required by
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this section· The provisions of subsection (a) above shall be
applicable to parking facilities of apartment houses, condominiums
and nonprofit organizations·
(c) Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection (a), above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
~ (d) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the city, unless such land or
property is properly signed in accordance with this section·
Section 21-425. Police to be notified of removal of vehicle.
(a) _~ _ ~A ~A At the time of removal of any vehicle by a
tow truck service operator, or no later than (30) minutes
thereafter, the police dispatcher shall be notified of such
removal, specifying the location of the storage yard to which the
vehicle will be towed and the telephone number which the owner
should call to reclaim the vehicle. The police dispatcher shall
be given the license number and state of issuance of the license
and, if known, the vehicle identification number and the make,
model, and model year of the vehicle to be towed.
(b) If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees
as set forth in this chapter.
Section 21-426. Charges for towing and storage of vehicle.
(a) No tow truck service or operator operating within the
city shall charge a basic fee of more than.~--~"~. ~= fifty dollars
($4~9 $50.00) for towing at any time, day or night, whether or
not dolly is utilized ~ ...... ~A ~ ...... ~ ~.~ ....
a . ~ ~ ~&a~AA~ A&~ ~ ~ · · ~~ ~ · aLL ·
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....... :~ for ........ ~ For vehicles exceeding 20,000 pounds
gross weight a fee not to exceed ...... ~"
....... ~ eighty five dollars
($75.00) ($85.00) may be charged for towing. This subsection shall
apply only when a vehicle is moved or towed without the prior
consent and agreement of the owner or custodian of the vehicle.
This provision shall not serve to prevent charging prevailing
commercial rates when heavy towing equipment is employed to remove
a uniquely positioned vehicle, provided that prior to movement of
such vehicle a police officer shall certify the need for such heavy
equipment.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than ten dollars ($10.00) per twenty-four-hour period thereafter,
for any vehicle of 20,000 pounds or less, gross weight removed from
private property without the consent of the owner or custodian of
the vehicle, whether such tow originates in this city or any other
jurisdiction. For vehicles over 20,000 pounds gross weight, a
storage fee not to exceed fifteen dollars ($15.00) per twenty-four
(24) hour period may be assessed after the first twenty-four (24)
hours. Delays caused by storage yard personnel shall not be
included when computing storage charges.
(c) If any vehicle is not redeemed on or before the fifth day
after being towed, the towing service shall be entitled to recover
an additional fee, not to exceed twenty five dollars ($25.00), as
the cost of conducting a search for the registered owner and
lienholder of the vehicle.
~e~ (d) No tow truck service or operator shall charge any
fee for mileage, in addition to the basic towing fee set forth in
subsection (a) above, when the vehicle is being taken without the
consent of the owner or custodian of the vehicle.
~ (e) A monetary receipt for each and every tow must be
given to those persons whose vehicles have been towed by the towing
service upon release of the vehicle. The information on the
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receipt must be clearly legible and include the time, date and
place of the tow, the name of the tow truck operator who made the
tow and the name of the towing service said operator works for.
The receipt must also list the amount of money paid for the release
the vehicle, any additional charges incurred in the tow, and the
reason for said additional charges. A copy of the receipt must be
retained by the towing service for a period of one (1) year and
shall be made available for inspection by city police or the
commissioner of revenue during normal business hours of the tow
truck service owner.
Section 21-429. Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(1) Tow or otherwise move a vehicle from any area or portion
of a public street, without either the consent of the
owner or custodian of the vehicle or authorization from
a police officer or other designated official of the
city.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property within the city, except
~~~ ~ ~ ~-~ w~" upon request of the owner or
custodian of the vehicle; or upon written request of a
property owner, lessee or agent in charge of such
property; provided that the foregoing restrictions shall
not apply to any towing service which has entered into a
written contractual agreement to remove all unauthorized
vehicles from certain property, and provided further that
there is posted on said property the name and telephone
number of the contracted towing service, as provided by
section 21-421 (a). '-~ .......
........ ~ ......... ~ requested to
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(3) Tow or otherwise move a vehicle from any private road or
driveway, or from any other privately owned land or
property within the city to a place out of the city,
without the consent of the owner or custodian of the
vehicle; provided that, after a period of not less than
twenty-four (24) hours following the initial towing of a
vehicle, as recorded in the police dispatcher's log, any
such vehicle may he moved to a storage area outside the
city, with prior notification to and approval of the
police department·
(4) Block the movement of any vehicle, other than when on the
property of the tow truck service, to prevent the
movement thereof by its owner or custodian who has
appeared and desires to move the vehicle.
(5) Drive a wrecker or tow truck along any street to solicit
towing_ or engage in cruising to patrol or police private
property unless there is in effect a contract between the
towing service and the owner of the private property for
the identification and removal of unlawfully parked
vehicles from such property, or to wait for employment by
standing or parking on public property~
(6) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this code.
(7) Provide false information to any police dispatcher
concerning any vehicle towed.
(8) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
telephone number shall constitute a violation of this
section.
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(9) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(10) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal items, whether or
not the owner or custodian is then able to reclaim the
vehicle.
(11) Assess any charge or fee in excess of, or in addition to,
those authorized by this Code.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 13th day of December , 1994.
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CA-5181
\ ORD IN \ NONCODE \ 21-419 ET. PRO
R-7
DECEMBER 13, 1994
- 24 -
Item III-L5. b.
ORDINANCES
ITEM # 38659
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION
Upon motion by Councilman Branch, seconded by Vice Mayor Sessorns, City Council ADOPTED, AS
AMENDED:
Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
Chapter 21, Article XI, Diviston 4 re Residential Parking Permits
Section 21-440.5 re Permits generally
Section 21-440.10 re Fees (No fee for first two (2) cars; each additional
car shall be $5)
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Linwood O. Branch, III, Robert IL Dean, Wilham W.
Harrison. Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy IL Parker, Vice Mayor William D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 21, ARTICLE XI, DIVISION 4
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
RESIDENTIAL PARKING PERMITS.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-440.5 and 21-440.10 of the Code of the City
of Virginia Beach, Virginia, are hereby amended and reordained to
read as follows:
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Sec. 21-440.5 Permits generally.
(a) Following the designation of a residential permit parking
area by the City Manager or his designee, the City
Treasurer shall issue annual residential parking permits
for the area so designated. One (1) permit shall be
issued, upon application, and payment of the prescribed
fee, if applicable, for each motor vehicle owned by a
person residing on a street within the residential permit
parking area, or on a street within a residential area
that is contiguous to the residential permit parking area
as specified in subsection (b) ~-~ -~ .... ~ ..... ~
(h) An applicant for a permit shall present his motor vehicle
registration and operator's license with the application.
No permit shall be issued in the event either the
registration or operator's license shows an address not
within a designated residential permit parking area,
unless the applicant demonstrates to the satisfaction of
the city Treasurer that he is, in fact, a resident of
such area, or that he is a resident of a residential area
which is contiguous to a designated residential permit
parking area and in which neither off-street nor non-
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meter-regulated on-street parking is available· Any
applicant who is a resident of such a contiguous
residential area shall, upon receipt of a permit issued
hereunder, be permitted to park in the designated
residential permit parking area· Registered residential
parking permit holders may obtain annual or temporary
guest passes by applying to either the City Treasurer's
Office or the City's Parking Systems Management Office·
ycar. Temporary guest passes shall be issued and
validated for up to seventy-two (72) hours·
(c) Annual ~business parking permits shall be issued by the
City Treasurer's Office or the City's Parking Systems
Management Office to businesses licensed to operate in
city meter-regulated parking areas· F~ae~ The number of
permits -~ ~ ~A issued
p ......... ..... ;~^~ fcc .... "'"~ to a single business shall be limited
i ply
to the max mum number of em o ees
required to work after II:00 8:00 p.m..r, in the case of
a lodging facility,
~ ........ cs ~ the number of rooms within thc such
lodging facility that do not having have on-site
parkingv, whichever is greater.
(e) (d) Permits issued pursuant to subsection (a) shall bc
..~;~ ~ ...... 4~ ~ ~_~ '"~ ..... shall not be
v ..~, .,L .,L.'~ L ~,--.,. ~ L*- ~,.,* J..L ~,,-',,~ ~,'~. ~,~ &~.~ %"'"'1 ..Z'~''" q'''' ''- ,
transferable, and may be revoked in the event the
City Treasurer determines that the owner of the
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vehicle for which a permit has been issued no
longer resides in the residential permit parking
area. Upon written notification of such
revocation, the holder of the permit shall
surrender such permit to the City Treasurer. The
willful failure to surrender such permit shall be
punishable by a fine in the amount of Twenty-Five
Dollars ($25.00).
~ Ce) Permits issued pursuant to subsectiono (c)~..~-~ ~,'~'
~~ ~ .... 1;~ ~ ..... ~'~ ~ ~-~ '~ ..... shall
be transferable, and may be revoked in the event
the City Treasurer's Office dete~ines that the
nu~er of pe~its exceeds the allowable nu~er
according to the criteria set forth in subsections
(c) ~-~ '~'
(f) A replacement pe~it shall be issued upon proof of loss,
theft or damage of the oriqinal pe~it, and pa~ent of
the replacement fee prescribed in section 21-440.10.
Sec. 21-440. XO. Fees.
Fees re~ired under this division shall be as follows:
(a) For thc i~uancc of an annual residential parking pe~it,
~~ ~~- ~ fi (2)
............... no fee for the rst two
pe~its issued for a single residence, and Five Dollars
($5.00) for each additional pe~it.
~ ~&tt~ ~ ~V~ ~v~ ~
~ (b~ For ~ an annual business parking pe~it, annual or
~ ...... ~ ~---~-- Ten Dollars ~ ($10 00)
each for the first five (5) pe~its issued, and
Twenty Dollars ($20.00) for each additional pe~it.
~ (c) For a 1
~~ replacement business parking pe~it,
...... ~ ..... ~ ...... ~ Twenty Dollars ($20.00).
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~=~ (d)
~ (e)
For a ~ .... ~-- pl
........ = an annual or re acement guest
permit, ~o Dollars ($2.00).
For a ........ ....... ~ ~"j temporary guest permit, ~
Dollars ,o= ~ fee
%v~.VVl no .
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Adopted by the Council of the City of Virginia Beach, Virginia
on this 13th day of December, 1994 ·
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CA-5793
ORDIN/DATA/PROPOS ED/21-440 ET. ORD
R3
DECEMBER 13, 1994
Item III-J.
CONSENT AGENDA
ITEM # 3866O
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, Ctty Council APPROVED in ONE
MOTION Items 1 a.b., 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IcL Dean, William W.
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D Moss, Mayor
Meyera E. Oberndoff, Nancy IcL Parker*, Vice Mayor William D.
Sessorns, Jr., and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
*Council Lady Parker VERBALLY ABSTAINED on Item III-J. 5.
December 13, 1994
- 26 -
Item III-J. 1. a. b.
CONSENT AGENDA
ITEM # 38661
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Reciprocal Enforcement of Local Vehicle Licensing Requirements:
Resolution to authorize the City Manager enter into compacts with the
Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk,
Poquoson, Portsmouth, Suffolk, Williamsburg and the Counties of
Gloucester, Isle of Wight, James City, Mathews, Southampton and York.
Ordinance to AMEND and REORDAIN Sectton 21- 72 of the Code of
the City of Virginia Beach, Virginia, re display of local vehicle license
decals.
Voting: 11-0
Council Members Voting Aye:
John ,'t. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
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DFPA~.Tt,~, ,f
APPROVSD AS TO ~ .'"'GAL
SU~~.~Y AND
ENTER INTO COMPACTS FOR THE
ENFORCEMENT OF LOCAL MOTOR VEHICLE LICENSE
REQUIREMENTS WITH THE CITIES OF CHESAPEAKE,
FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK,
POQUOSON, PORTSMOUTH, SUFFOLK AND
WILLIAMSBURG, AND THE COUNTIES OF GLOUCESTER,
ISLE OF WIGHT, JAMES CITY, MATHEWS,
SOUTHAMPTON AND YORK
WHEREAS, Virginia Code Section 46.2-752.K. authorizes local
governments to enter into compacts for the regional enforcement of
local motor vehicle license requirements;
WHEREAS, the Cities of Chesapeake, Franklin, Hampton, Newport
News, Poquoson, Portsmouth, Suffolk, Virginia Beach and
Williamsburg; and the Counties of Gloucester, Isle of Wight, James
City, Mathews, Southampton and York, pursuant to Virginia Code
Section 46.2-752 .A., require that owners of motor vehicles
registered in their respective jurisdictions acquire and display
local vehicle license decals; and
WHEREAS, it is to the mutual benefit of adjoining
jurisdictions to participate in a compact to enforce vehicle
registration ordinances on a reciprocal basis, in order to ensure
that vehicle owners conform to local licensing requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Council hereby approves the City's entering into
compacts with the Cities of Chesapeake, Franklin, Hampton, Newport
News, Poquoson, Portsmouth, Suffolk, and Williamsburg, and the
Counties of Gloucester, Isle of Wight, James City, Mathews,
Southampton and York, to mutually enforce local vehicle license
requirements; and the City Manager is authorized to execute such
compacts, individually or collectively, as authorized by Virginia
Code Section 46.2-752.K.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of E~c~ber , 1994.
CA-5516
ORDIN\NONCODE\COMPACTS . RES
R-4
AUGUST 8, 1994
R:94- 02320
Requested by Mayor Meyera Oberndorf
A RESOLUTION TO ENDORSE THE ADOPTION OF A
UNIFORM MOTOR VEHICLE LICENSE DECAL RENEWAL
DATE OF FEBRUARY 15TH FOR ALL HAMPTON ROADS
JURISDICTIONS
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WHEREAS, the Commissioners of the Revenue and Treasurers
in the Hampton Roads area have expressed the desire to foster
regional uniformity and cooperation in the administration of local
licenses and taxes;
WHEREAS, the Hampton Roads area of Virginia is generally
considered to be comprised of the cities of Chesapeake, Norfolk,
Virginia Beach, Portsmouth, Suffolk, Hampton, Newport News,
Poquoson, Williamsburg, and Franklin, and the Counties of Isle of
Wight, York, James City, Gloucester, Southampton, and Mathews;
WHEREAS, there are currently seven different motor
vehicle license decal renewal due dates for these sixteen
localities;
WHEREAS, the motor vehicle license decal is a significant
revenue source for these sixteen localities, in that over $22
million dollars was generated from the collective sale of over one
million decals in 1993, of which $5.8 million dollars was collected
in the City of Virginia Beach;
WHEREAS, it is difficult for citizens moving from one
Hampton Roads locality to another to be aware of the various motor
vehicle decal renewal dates;
WHEREAS, the display of the current year's decal attests
that personal property taxes on motor vehicles have been paid;
WHEREAS, adoption by the sixteen localities of the same
renewal date would facilitate local police departments in taking a
more active approach to monitoring legal compliance, which in turn
would aid in personal property tax collection efforts;
WHEREAS, personal property taxes on motor vehicles
amounted collectively to over $100 million dollars for the sixteen
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localities in fiscal year 1992-1993, including $16 million dollars
collected in the City of Virginia Beach;
WHEREAS, by adopting a uniform date, the sixteen
localities can demonstrate regional cooperation that will prove to
be helpful not only to the general public but to the fiscal well
being of each community; and
WHEREAS, the City of Virginia Beach, as well as several
neighboring jurisdictions, presently require local licenses to be
renewed on February 15, which is the uniform renewal date
recommended by the Commissioners of the Revenue and Treasurers;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Council hereby endorses the adoption of February
15th as a uniform motor vehicle license decal renewal due date for
all of the aforementioned sixteen Hampton Roads area localities,
commencing in 1995, and encourages the adoption, where appropriate,
of the necessary amendments to local ordinances by the respective
City Councils and County Boards of Supervisors.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ~ ~-~day of ~~_~ , 1994.
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CA-5631
ORD IN \ NONCODE \ DECAL. RES
R-3
PREPARED: 06/23/94
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~_~~/.~ED AS TO CONT~tTS
DEPARTMENT
AI~ROVED AS TO LEGAL
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-72 OF THE CODE OF THE'~T~A~~
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DISPLAY OF LOCAL
VEHICLE LICENSE DECALS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-72 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Sec. 21-72. General requirements.
(a) It shall be unlawful for any person to operate a motor
vehicle, trailer or semitrailer after the fifteenth day of February
of any license year, without having paid the requisite license tax
and displaying the current license ~~ ~-
~ ...... decal required by this
article. Any motor vehicle, trailer or semitrailer parked on any
public street or in any public parking lot, without displaying such
current license ~^ ~
~ ...... decal shall be presumed to have been
operated by its owner in violation of this section.
(b) Any person who violates any provision of this section
shall be guilty of a Class 4 misdemeanor and each day's continuance
of such violation shall constitute a separate offense. Any person
desiring to pay the fine for such violation prior to the date set
for a court hearing, as indicated on the summons issued for such
violation, shall be required to provide proof that a current
license~~ ...... ~ decal, as required by this article, has been
purchased.
(c) Purchasers of new or used motor vehicles shall be allowed
a ten (10) day grace period, beginning with the date of purchase,
during which to pay the requisite license tax and display the
current license -~^ --
~ ...... decal required by this article.
~b~t~on (),
(d) Notwithstanding the provisions of .... ~ ~ a section
21-71.1 and of subsection (a) of this section, any vehicle
properly licensed in any other jurisdiction in the commonwealth and
displaying a license ~ decal issued by that jurisdiction
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shall be exempt from the requirements of this section until the
expiration date of such license or until the fifteenth day of
February next following, whichever shall be earlier; provided that
it shall be unlawful to operate in this city any motor vehicle,
trailer or semitrailer which is subject to the vehicle license
requirements of any jurisdiction which is a party with this city to
a compact for the mutual enforcement of local license requirements,
if such vehicle fails to display a valid license decal issued by
that ~urisdiction.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 13~ day of Decker , 1994.
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CA-5688
R2
AUGUST 8, 1994
ORD IN~ DATA \ PRO POS ED ~ 21-072. ORD
- 27 -
Item lll-J,2,
CONSENT AGENDA
ITEM # 38662
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to APPROPRIATE $99,000 in revenues from the DEA seized
property special revenue fund balance to the DEA Seized Property
Special Revenue Fund Operating Budget re purchase of a replacement
helicopter engine for the Police Department.
Voting: 11-0
Council Members Voting ~lye.
John A. Baum, Ltnwood O. Branch, III, Robert IC Dean, William W
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor Wilham D Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members/lbsent:
None
December 13, 1994
AN ORDINANCE TO APPROPRIATE $99,000 IN REVENUES FROM THE DEA SEIZED PROPERTY SPECIAL
REVENUE FUND BALANCE TO THE DEA SEIZED PROPERTY SPECIAL REVENUE FUND OPERATING
BUDGET TO PURCHASE A REPLACEMENT HELICOPTER ENGINE
WHEREAS, helicopter engines have a hm~tabon of 3,500 fhght hours before the engine must be
replaced and one of the C~ty's two hehcopters are w~th~n 200 hours of th~s hm~tat~on,
WHEREAS, if the engine ~s not replaced the hehcopter wdl have to be taken out of service, thus
preventing ~ts use ~n search and rescue operations and ~n police activities, and
WHEREAS, there are sufficient funds avadable in the DEA Seized Property Special Revenue Fund
to allow for th~s purchase
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $99,000 be appropriated from the DEA Seized Property Specml Revenue Fund Balance to
the DEA Seized Property Special Revenue Fund Operabng Budget to purchase a replacement hehcopter engine
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BE IT FURTHER ORDAINED, that estimated revenues w~th~n the FY 1994-95 DEA Seized
Property Special Revenue Fund be ~ncreased to reflect th~s appropriation
3.2
Adopted by the Councd of the C~ty of Virg~ma Beach, V~rg~ma on the 13t-hday of December, 1994
CRW-D \OB951Pohce\Hehcop ord
Approved as to Con[ent
Walter C. KCS, Jr.
Management and Budget
- 28 -
Item llI-J.3.
CONSENT AGENDA
ITEM # 38663
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to TRANSFER $75,000 within the Fire Programs Fund from
the Fire Training Center Enhancements and Renewal (partial) Capital
Improvements Project (3-976) to the Fire Progratns Fund Operating
Budget re purchase of additional communications equipment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
December 13, 1994
6
AN OROtN~NCE [0 T~i~NSFE~ $7 5,000 Wt~H~N 'THE
3-976~ ~0 ~E~ FIRE pRO
F I~p~E~ENTS )~O~,C~ [ equ~pment~°~
uDGE~ TC puRC;~ASE ADDi~tONAt- CO~UN
W~ER~S, the State ~ffe programs Fund ptovtdes mone~ to supp°fttatn~g and
~or add¢OUa~
~oca~ fife dePad~entS' a
Oepa¢~e¢ has determined there ts need
V~tgm~a Beach F~re commUmC¢°ns amOng fife fighters
WBER~S, the radios, to imprOVe
commumCat~°us eqff~ment, including addit~oua~ 8OOmhz
fire sceneS, and NOW ~~ORE BE I~ ORD~INEO B~ ~H~ C1~ CoUNCiL O~
~tRGtNt~, that 575,000 be tranCerred wtthtn the Fire programs Fund from the Ftre %raining center
pro~ect (3-976) m the F~re programs Fund
BEACh,
~nhanceme~tS and Re~eWat (pa¢~at) Captta[ tmPr°~eme~tS
eqUtpme~t 1994
Budget to purchase com~U~tCat~°ns
BeaCh, ~ffgtota no the ~da~ oi ~'
9
Adopted bY the CounC~t o~ the C~W of
1_0
CRW-O \oBgS\Fffe\c°meqU~P old
- 29 -
Item Ill-J.4.
CONSENT AGENDA
ITEM # 38664
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to TRANSFER $1,316 from the General Fund Reserve for
Contingencies to the Police Department's FY 1994-1995 Operating
Budget re reimbursement to police officers for legal fees and expenses
incurred in their defense of charges brought against them arising out of
the performance of their official duties.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy tC Parker, Vice Mayor William D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
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!
/ LEGAL O -"::i-:IC-'ENOY
~ ORDINANCE AUTHORTZING THE CITY MANAGER TO
TRANSFER FUNDS IN THE AMOUNT OF $1~316.00 FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES TO
THE POLICE DEPARTMENT'S FY 94-95 OPERATING
BUDGET FOR THE PURPOSE OF REIMBURSING TWO
POLICE OFFICERS FOR LEGAL FEES AND EXPENSES
INCURRED IN THEIR DEFENSE OF CHARGES BROUGHT
AGAINST THEM ARISING OUT OF THE PERFORMANCE OF
THEIR OFFICIAL DUTIES
WHEREAS, two Virginia Beach police officers were charged,
respectively, with assault and battery for actions arising out of
the performance of their official duties;
WHEREAS, the charges against the officers were heard and
dismissed by the Virginia Beach General District Court on October
4, 1994;
WHEREAS, in their defense of said charges, the officers
incurred legal fees and expenses of $375.00 and $941.00,
respectively, totaling $1,316.00 and have requested the City to
reimburse them for such fees and expenses;
WHEREAS, Section 15.1-131.6 provides that "[i]f any law
enforcement officer shall be...prosecuted on any criminal charge
arising out of any act committed in the discharge of his official
duties, and...the charge is subsequently dismissed or upon trial he
is found not guilty, the governing body of the jurisdiction wherein
he is appointed may reimburse such officer for reasonable legal
fees and expenses incurred by him in defense of such...charge .... ";
and,
WHEREAS, the City Attorney's Office has reviewed the
circumstances of the case and assessed the itemized bills submitted
by the employees' legal counsel and has determined that the legal
fees and expenses incurred by each employee are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to transfer
funds in the amount of $1,316.00 from the General Fund Reserve for
Contingencies to the Police Department's FY 94-95 Operating Budget
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for the purpose of reimbursing two police officers for legal fees
and expenses incurred by them in their defense of criminal charges
brought against them arising out of the performance of their
official duties.
Adopted by the Council of the City of Virginia Beach,
Virginia on this 13th day of D~mh~r , 1994.
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CA-5775
DATA~ORDIN~NONCODE~FEES. ORD
R-4
NOVEMBER 29, 1994
- 30 -
Item llI-J.5,
CONSENT AGENDA
ITEM # 38665
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to grant a franchise to Kitchin Corporation re operation of
an open air cafe at 205 25th Street, in the Resort Area.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr., and Louisa
M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy I~ Parker
Council Members Absent
None
Council Lady Parker DISCLOSED pursuant to Section 2.1-639 14(E) of the Code of Virginia, her
husband and she are owners of Parker Pools, Inc. and that Parker pools, Inc. has a contract with lO'tchin
Corporation for the maintenance of its pools. Council Lady Parker wishes to disclose this interest and
abstain from participating in this transaction. Council Lady Parker's letter of December 13, 1994, is
hereby made apart of the record.
December 13, 1994
City of Virginia
NANCY K PARKER
COUNCILWOMAN
AT-LARGE
604 GOLDSBORO AVENUE
VIRGINIA BEACH, VIRGINIA 23451
(804) 425-1589
December 13, 1994
Mrs. Ruth Hodges Sm]th, CMC/AAE
City Clerk
Municipal Center
Virg]ma Beach, V~rginia 23456
Dear Mrs. Smith:
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of V]rg]ma
Pursuant to the V~rgima Conflict of Interests Act, Section 2.1-639.14(E), Code of
V]rg~ma, I make the following declaration:
o
The transact]on for which I am executing th~s written disclosure is the Council
consideration of an ordinance grannng an open air caf6 francluse to K~tch]n
Corporation.
o
The nature of my personal interest ~s that my husband and I are owners of
Parker Pools, Inc., and that Parker Pools, Inc., has a contract with Kitchin
Corporation for the maintenance of ~ts pools.
°
Although the City Attorney has advised me that this Interest does not meet the
criteria of a personal Interest in the transaction under the Conflict of Interests
Act, I wish to d~sclose this interest and abstain from participating in this
transact]on.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lflley, City
Attorney, which addresses this same matter.
Mrs. Ruth Hodges Smith, CMC/AAE -2- December 13, 1994
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virg~ma
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nancy K. Parker
Councilmember
NKP/clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
OP-259
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456-9004
(8O4) 427-4531
FAX (804) 42~-56~7
TDD (804) 427-4305
December 12, 1994
Councflmember Nancy K. Parker
Municipal Center
V~rglnia Beach, Virglma 23456
Re' Conflict of Interests Act Opinion
Dear Councflme~nber Parker:
I am writing in response to your request for an opinion as to whether you may
participate in City Council's d~scuss~on and vote on an ordinance granting an open air caf6
franchise to Kltchin Corporauon. The ordinance ~s scheduled for consideration by City
Council at its December 13, 1994, meenng.
SUMMARY CONCLUSION
From my revmw of the Conflict of Interests Act and the information provided by you,
I am of the opinion that you do not have a personal interest in the transaction of Council
concerning Its consideration of an ordinance g~anting an open air caf6 franchise to Kitchin
Corporation. Thus, you may vote on this matter without restriction. For your ~nfonnation,
I have outhned the disclosure requirements of Secnon 2.1-639.14(G) should you desire to
disclose your relatlonsh~p and vote; I have also set forth the applicable provisions for
abstention set forth in Secnon 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusion on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opinion ~f they are correct and complete.
Councihnember Nancy K. Parker
-2-
Re: Conflict of Interests Act Opinion
December 12, 1994
FACTS PRESENTED
Your request for an advisory opinion is generated by an ordinance granting an open
air caf6 franchise to Kitchin Corporation. The ordinance is scheduled to be considered by
the Councd at its December 13, 1994, meeting. You have advised that your concern, and
reason for requesting this opinion, is that you and your husband are the owners of Parker
Pools, Inc. ("Parker Pools"), that you have an interest in Parker Pools which exceeds three
percent (3 %) of the total equity of the business, and that Parker Pools has a contract with
Kitchin Corporation for the maintenance its pools. You have further advised that Parker
Pools received incmne of less than $10,000 00 froln the company as a result of last year's
contract.
ISSUE
Are you precluded from participating in the Council's discussion and vote on an
ordinance granting an open air caf6 franchise to Kitchin Corporauon?
DISCUSSION
I. Applicable Definitions of Section 2.1-639.1
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the V~rginia State and Local Government Conflict
of Interests Act.
B. You are an officer w~thin the meaning of § 2.1-639.2 of the above-referenced Act.
C. Council consideration of an ordinance granting an open air caf6 franchise to
Kitchin Corporation ~s a "transaction" as defined by the Act. A transaction includes any
matters considered by any governmental agency on which official actmn is taken or
contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit or hability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
Councdmember Nancy K. Parker
-3-
December 12, 1994
Re: Conflict of Interests Act Opinion
exclusive of ownership in a business, or salary; and 5) personal liabdity incurred or assumed
on behalf of a bus~ness which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(0 is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
You have a personal interest in Parker Pools, Inc., by virtue of your interest in Parker
Pools which exceeds three percent (3 %) of the equity of the business.
B. Personal Interest ~n the Transaction
Based on the facts presented, Parker Pools, Inc., is not the subject of the transaction,
nor will ~t realize a reasonably foreseeable direct or indirect benefit or detriment as a result
of Council's consideration of the aforementioned ordinm~ce.~ Therefore, it ~s my opinion
that you do not have a personal interest in the transacnon within the meaning of the Conflict
of Interests Act.
III. Disclosure Requirements
Based on the fact that you have no personal interest in an ordinance granting an open
air caf6 franchise to Kitchin Corporation, you are not restricted in voting as to that item.
If you are concerned that your participation as to this matter may create some appearance
of impropriety because of your pos~t~on, there are two options available to you wluch may
diffi~se any perception problems that may arise:
~In circumstances where the effect of a transaction is speculative, remote, or contingent
on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal
interest will benefit or suffer as a result of the pending transaction. Attorney General Opinion
to the Honorable W~lliam F. Parkerson, Jr., Member, Senate of Virginia, dated February 2,
1987.
Councihnember Nancy K. Parker
-4-
Re: Conflict of Interests Act Opinion
December 12, 1994
,
You may either disclose the facts as presented herein and proceed to vote as
to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies w~th § 2.1-639.14(G) is enclosed for your convemence. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of ~mproper ~nfluence. In that respect, the Act places the burden on the
indiwdual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the pubhc in the officer's
ability to be impartial. I have op~ned that you may pamcipate In the transaction after
disclosure. However, if you are concerned that participating in the transaction, even after
disclosure, could create an unacceptable appearance, you may abstain from voting under §
2.1-639.14(E) provided that you first disclose your interest in the transaction.
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
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AN ORDINANCE GRANTING A FRANCHISE TO KITCHIN
CORPORATION FOR THE OPERATION OF OPEN AIR CAFR
IN THE RESORT AREA
WHEREAS, Kitchin Corporation (hereinafter referred to as
"Grantee") has submitted an application to the City for the grant
of a franchise to operate an open air (Atlantic Avenue sidestreet)
caf~ at 205 25th Street, Virginia Beach, Virginia 23451;
WHEREAS, the City has developed a Franchise Agreement for
the regulation of open air cafes which Grantee will be required to
execute as a condition of the grant of a franchise; and
WHEREAS, based on its review of the application of the
Grantee, the Department of Convention and Visitor Development has
recommended that Grantee be granted a franchise to operate an open
air caf~ in the Resort Area for a term of one (1) year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a franchise is hereby granted to Kitchin
Corporation to operate an open air (Atlantic Avenue sidestreet)
caf~ at 205 25th Street, Virginia Beach, Virginia 23451, from May
1, 1995, to April 30, 1996, conditioned upon Grantee's provision of
an approved final site plan, liability insurance coverage, a
security bond, and the applicable franchise fee, and upon Grantee's
compliance with all of the terms and conditions of the
aforementioned Franchise Agreement.
2. That the City Manager or his duly authorized
designee is hereby authorized to enter into a Franchise Agreement
with Grantee subject to Grantee's compliance with the terms and
conditions referenced herein.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of December , 1994.
CA-5768
ORDIN\NONCODE\KITCHIN.ORD
R-1
PREPARED: 12/06/94
- 31 -
Item III-K.
PUBLIC HEARING
PLANNING
ITEM # 38666
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on.
(a) LINDA TAYLOR CHAPPELL
PLANNING
NONCONFORMING USE
(b) EASTMAN ENTERPRISES, INC.
STREET CLOSURE
(c) JEANNE YEATES
VARIANCE
(d) KEVIN CROUCH AND TOMMY GWALTNEY, JR.
CONDITIONAL USE PERMIT
(e) LISA M. WEBB
CONDITIONAL USE PERMIT
(f) ROYAL COURT, INC.
CHANGE OF ZONING
(g) THE FRATERNAL ORDER OF POLICE LODGE NUMBER 8
(h) GARY V. AND WILMA H. HOUSE
(i) CITY OF VIRGINIA BEACH
CHANGE TO PROFFER NO. 1
APPROVED APRIL 12, 1994
CONDITIONAL CHANGE OF
ZONING.
CHANGES OF CONDITIONS
APPROVED JUNE 1, 1987/
01~ DONATION FARM PART-
NERSHIP
AMEND AND REORDAIN
SECTION~1409 WETLANDS
ZONING ORDINANCE.
December 13, 1994
- 32 -
Item III-K.l.a.
PUBLIC HEARING
ITEM # 38667
PLANNING
Attorney Edward Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED application
of LINDA TAYLOR CHAPPELL to authorize the construction of a nonconforming structure (residence)
Application of Leigh Taylor Chappell for the construction of a
nonconforming structure on certain property located at 2599 Dam Neck
Road. Said parcel contains 226.528 acres. PRINCESS ANNE BOROUGH
Resolution authorizing the construction of a nonconforming structure on
property located at 2599 Dam Neck Road, in the Borough of Princess
Anne, upon the application of Linda Taylor Chappell.
The following condition shall be required:
1. Demolition and construction shall be performed in accordance
with all applicable City ordinances and requirements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D Moss, Mayor
Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor Wilham D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
December 13, 1994
AP?ROV£D AS TO LL:~AI?
:_ Z /
_ ._.=.,
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A
NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT
2599 DAM NECK ROAD, IN THE BOROUGH OF PRINCESS
ANNE, UPON THE APPLICATION OF LINDA TAYLOR
CHAPPELL
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WHEREAS, Linda Taylor Chappell has made application to
the City Council for permission to demolish an existing single-
family dwelling situated on a parcel of land at 2599 Dam Neck Road,
in the Borough of Princess Anne, and to construct a new, larger
single-family dwelling on a different portion of the same parcel;
WHEREAS, there are presently three (3) single-family
dwellings on the aforesaid parcel;
WHEREAS, Section 200(e) of the City Zoning Ordinance
provides that there shall be no more than one (1) single-family
dwelling erected on a lot;
WHEREAS, by reason of the operation of Section 200(e),
the existing single-family dwellings upon the property are
nonconforming structures; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the construction of a new dwelling upon the aforesaid
lot would be unlawful in the absence of a resolution of the City
Council authorizing such construction upon a finding that the
proposed structure is equally appropriate or more appropriate to
the zoning district than is the existing structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
single-family dwelling would be equally appropriate or more
appropriate to the zoning district than is the existing dwelling.
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BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the demolition of Dwelling "B", as shown on the
attached site map, and the construction of a new single-family
dwelling, shown as Dwelling "D" on the attached site map, are
hereby authorized, upon the condition that such demolition and
construction are performed in accordance with all applicable City
ordinances and requirements.
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the
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Adopted by the Council of the City of Virginia Beach on
December
day of , 1994.
CA-5753
/ordin/noncode/chappell.res
R-1
10-14-94
- 33 -
Item IlI-K,l,b,
PUBLIC HEARING
ITEM # 38668
PLANNING
Attorney Edward Bourdon, Pembroke One Fifth Floor, Phone. 499-8971, represented the applicant
Upon motion by Councilman Dean, seconded by Council Lady Strayhorn, City Council DEFERRED AN
ADDITIONAL 180 DAYS (June 13, 1995): Petition of EASTMAN ENTERPRISES, INC., for the
discontinuance, closure and abandonment of a portion of Dam Neck Road at the Southwest intersection
of Dam Neck Road and London Bridge Road,
Application of Eastman Enterprises, Inc., for the discontinuance, closure
and abandonment of a portion of Dam Neck Road located at the
southwest intersection of Dam Neck Road and London Brtdge Road. Said
parcel contains 27, 799 square feet. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
December 13, 1994
- 34 -
Item lll-K.l.c.
PUBLIC HEARING
ITEM # 38669
PLANNING
Lance C. Large, 244 Mustang Trail, Phone: 431-1041
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council APPROVED
Application of JEANNE YEATES for a Variance to Section 4.4(d) of the Subdivision Ordinance which
requires all lots have direct access to a public street.
Appeal from Decisions of Administrattve officers in regard to certain
elements of the Subdivision Ordinance, Subdiviston for Mrs. Jeanne
Yeates. Proeprty is located on the north side of Yeates Lane, 319.60 feet
east of Herons Gate. LYNNHAVEN BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndoff, Nancy IC Parker, Vice Mayor William D Sessorns, Jr., and
Louisa M. Strayhorn
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
December 13, 1994
- 35 -
Item III-lC.I.d.
PUBLIC HEARING
ITEM # 38670
PLANNING
Kevin Lee Crouch, 1009 Brandon Road, Phone: (804) 425-6075, represented the applicant:
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED
Ordinance upon Application of KEVIN CROUCH AND TOMMY GWALTNEY, JR. for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF KEVIN CROUCH AND
TOMMY GWALTNEY, JR. FOR A CONDITIONAL USE PERMIT FOR
A HOME OCCUPATION (AUDIO PRODUCTION STUDIO)
R012941925
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kevin Crouch and Tommy Gwaltney, Jr.
for a Conditional Use Permit for a home occupation (audio production
studio) on the south side of Brandon Road, 200 feet west of Wythe Lane.
Said parcel is located at 1009 Brandon Road and contains 21,500 square
feet. LYNNHA FEN BOROUGH.
The following conditions shall be required:
1. No sound from the business shall be audible on any adjoining
properties.
2. Only one non-family member may participate tn this home
occupation
3. All deliveries must be made by the applicant and no additional
traffic generated
4. Approval ts for a period of one (1) year.
5. No sign shall be installed.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Nineteen
Hundred and Nine~-Four.
Voting: 11-0
Councd Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
- 36 -
Item lll-K,l,e,
PUBLIC HEARING
ITEM # 38671
PLANNING
Lisa Webb, 324 Bernice Place, Phone: 486-6791, represented the applicant
Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of LISA M. WEBB for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LISA M. WEBB FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY
CARE) R012941926
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon apphcation of Ltsa M. Webb for a Conditional Use
Permit for a home occupation (day care) o the east side of Bernice Place,
north of Silina Drive. Said parcel is located at 324 Bernice Place and
contains 8,800 square feet. LYNNHAFEN BOROUGH.
The following conditions shall be required.
1. Approval is for a period of two (2) years.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of December, Nineteen
Hundred and Ninety-Four
Voting: 11-0
Council Members Voting Aye
John A. Baum, L~nwood O. Branch, III, Robert IL Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D Sessorns,
Jr, and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
December 13, 1994
- 37 -
Item lll-K.l.f.
PUBLIC HEARING
ITEM # $8672
PLANNING
Attorney R. J. Nutter, Jr., 4425 Corporation Lane, Phone; 671-6000, represented the applicant and
requested DEFERRAL.
Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council DEFERRED TO
THE JANUARY 10, 1995, CITY COUNCIL SESSION Ordinance upon Application of ROYAL COURT,
INC. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF ROYAL COURT, INC. FOR A
CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM 0-2 to A-12
Ordinance upon application of Royal Court, Inc. for a Conditional
Change of Zoning District Classification from 0-2 Office District to A-
12 Apartment District on certain property located on the south side of
Wishart Road, 225 feet more of less east of Independence Boulevard. The
proposed zoning classification change to A-12 is for multi-family land
use at a density no greater than 12 dwelling umts per acre The
Comprehensive Plan recommends use of this parcel for office. Said parcel
contains 4 286 acres BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
- 38 -
Item llI-K.l.g..
PUBLIC HEARING
ITEM # 38673
PLANNING
Attorney Edward Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROI~D the
Application of THE FRATERNAL ORDER OF POLICE, LODGE NUMBER 8, for a Change to Proffer
No. 1, in the April 12, 1994, approved Conditional Change of Zoning.
ORDINANCE UPON APPLICATION OF THE FRATERNAL ORDER OF
POLICE, LODGE NUMBER 8, FOR A CHANGE OF ZONING FROM
R-5D to B-IA Z04941419
Ordinance upon application of The Fraternal Order of Police, Lodge
Number 8, for a Change of Zoning District Classification from R-5D
Residential Duplex District to B-IA Limited Community Business District
on the south side of South Birdneck Road, east of General Booth
Boulevard. The proposed zoning classification change to B-IA is for
limited commercial land use. The Comprehensive Plan recommends use
of this parcel for suburban high density residential at densities that are
compatible with single family use in accordance with other plan polictes.
Said parcel is located at 961 S. Birdneck Road and contains 1.918 acres.
L YNNHA VEN BOROUGH.
Proffer No. 1 shall now be subject to:
.
Grantor shall plant and maintain Category I landscape
screening and buffering along the Southern and Eastern
boundaries of the property which abut residential zoning
&stricts, in accordance with the "Landscape Plan F.O.P. Club,
Virginia Beach, Virginia", prepared by Nancy Hodges ASLA,
dated April 4, 1994, revision dates October 4, 1994 and
December 1, 1994.
Although the proffer only states that Category I plantings will be utilized,
the actual proffered landscape plan depicts existing vegetation being
utilized and retained along with proposed tree and shrub plantings where
necessary.
The newly proffered landscape plan should provide adequate screening
and buffering between the subject site and adjoining single-family homes.
December 13, 1994
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Item Ill-K.l.g..
PUBLIC HEARING
ITEM # 38673 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy Ii. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor William D. Sessorns, Jr.
Council Members Absent:
None
Vice Mayor Sessorns DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he is an officer of Central Fidelity Bank earning in excess of $10,000 O0 annually. Central
Fidelity Bank is involved in a construction loan to the Fraternal Order of Police for a facility to be
constructed on the property in question, and that, therefore, it is reasonably foreseeable that CFB could
receive a benefit or detriment as a result of Council's consideration of the application. Vice Mayor
Sessorns's letter of April 12, 1994, is hereby made apart of the record.
December 13, 1994
Item lll-K.l.h.
PUBLIC HEARING
ITEM # 38674
PLANNING
The following registered to speak in SUPPORT of the application:
The Honorable Moody "Sonny" Stallings, Attorney for the applicant
Severn F. Kellam, 709 West Princess Anne Road, Phone: 340-7331
Culvert "Bill" Tazwell, Ferry Farm House was an ancestral home of hts faintly
Gary V. and Wilma M. House, 5317 Hamilton Court, Phone: 499-9452, the apphcants regtstered but did
not speak~
The following registered in OPPOSITION:
The Honorable Glenn Croshaw
Joe Howren, 3560 Dandelion Crescent, Phone: 427-5805
Bob Little, 4164 Cheswick Lane, Phone: 497-4060, President - Old Donation Farm
Zia Razzaq, 4128 Cheswick Lane, Phone' 499-8209
Upon motion by Councilman Jones, seconded by Councilman Moss, City Council DENIED the
Application of GARY V. and WILMA M. HOUSE for Changes of Conditions tn the June 1, 1987,
approved open space promotion and subdivision variances for Old Donation Farm Partnership.
Application of Gary V. and Wilma M. House for a change of condittons
placed in on the application for an open space promotion option and
subdivision variances for Old Donation Farm Partnership ("Ferry Farm
House") on June 1, 1987. Property is located at 4136 Cheswick Lane.
BA YSIDE BOROUGH.
Voting: 10-1
Council Members Voting Aye.
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndoff,
Nancy K. Parker, Vice Mayor William D. Sessorns, Jr., and Louisa M.
Strayhorn
Council Members Voting Nay:
Linwood O. Branch, III
Council Members Absent:
None
December 13, 1994
- 41 -
Item llI-K.l.i.
PUBLIC HEARING
ITEM # 38675
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to Amend and Reordain Section 1409 of the Wetlands Zoning
Ordinance of the City of Virginia Beach, Virgima, pertaining to permits.
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Robert I~ Dean, William W. Harrison, Jr, Barbara M.
Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf,,
Nancy K. Parker, Vice Mayor William D. Sessorns, Jr, and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
December 13, 1994
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1409 OF THE WETLANDS ZONING
ORDINANCE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
PERMITS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1409 of the Wetlands Zoning Ordinance of the City
of Virginia Beach, Virginia, is hereby amended and reordained to
read as follows:
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Sec. 1409. Permits to be in writing, signed, and notarized.
The permit shall be in writing, signed by the chairperson of
the Board or an authorized representative and notarized. The Board
shall transmit a copy of the permit to the commissioner.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 13th day of December 1994.
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CA-5713
R2
SEPTEMBER 12, 1994
ORDIN\DATA\NONCODE\ 1409. ORD
APPROVED AS TO LEGAIJ
SUFFICIENCY AND. fQRM
Item III-L.1.
APPOINTMENTS
ITEM # 38676
Upon NOMINATION by Vice Mayor Sessoms, City Councd REAPPOINTED:
COMMUNITY POLICY AND MANAGEMENT TEAM
(CSA At-Risk Youths and Families)
Two-year terms: 01/01/95 - 12/31/96
Mary Ellen Baldwin
Dolores Bartel
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood 0 Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
No~e
Council Members Absent:
None
December 13, 1994
- 43 -
Item III-L,2.
APPOINTMENTS
ITEM # 38677
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
COMMUNITY SERVICES BOARD
Three-year terms: 01/01/95 - 12/31/97
Frank Buck
Forest Sullivan
Sherry Baron
Voting' 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
Item III-L.3,
APPOINTMENTS
ITEM # 38678
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Three-year terms: 01/01/95 - 12/31/97
Jacob V. Aftel, AIA
AND, REAPPOINTED:
Gall A. Ball
Johnnie S. Miller
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Ltnwood O. Branch, III, Robert IL Dean, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy IL Parker, Vice Mayor William D Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
December 13, 1994
Item III-L.4.
APPOINTMENTS
ITEM # $8679
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PLANNING COMMISSION
Four-year terms: 01/01/95 - 12/31/98
Betsy Atkinson
Lynnhaven
Jan Elissen
Pungo
AND, REAPPOINTED:
Thomas F. Betz, Jr.
Bayside
Robert H. Vakos
Virginia Beach
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy lC. Parker, Vice Mayor William D. Sessorns,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
December 13, 1994
Item III-L,$,
APPOINTMENTS
ITEM # 38680
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION (RAAC)
Molly Brown
Cheyne Cole
Unexpired thru 12/31/96
AND, REAPPOINTED:
James H. Capps
Donald W. Groth
Thomas C. Kyrus
R. Dawson Taylor
Betty C. Wells
Three* -year terms: 01/01/95 - 12/31/97
Voting. 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 13, 1994
- 47 -
Item III-M.1.
UNFINISHED BUSINESS
ITEM # 38681
BY CONSENSUS, City Council will advertise and SCHEDULE for the City Council Session of January
3, 1994:
,4 Resolution Supporting Legislation which will designate Real and
Personal Property owned by Al-Anon Family Group Headquarters,
Inc., as begin exempt from State and Local Taxation.
December 13, 1994
Item III-N.I.
NEW BUSINESS
ITEM # 38682
Upon motion by Council Lady Strayhorn, seconded by Councilman Moss, City Council ADOPTED:
Resolution to request the Commonwealth Transportation Board and the
Virginia Department of Transportation (VDOT) conduct a study of the
noise impact along Interstate 64, South of the Route 44 intersection, and
install sound barriers or other devices on Interstate 64 for the benefit of
the Western portion of Carolanne Farms Subdivision
Voting: 10-0
Council Members Voting Aye'
Linwood O. Branch, III, Robert IC Dean, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E.
Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
John A. Baum
December 13, 1994
Requested by Mayor Meyera E. Oberndorf
and Councilmember Louisa M. Strayhorn
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A RESOLUTION REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD AND THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO CAUSE THE
IMPLEMENTATION OF APPROPRIATE NOISE ABATEMENT
MEASURES ON INTERSTATE 64 FOR THE BENEFIT OF
THE WESTERN PORTION OF CAROLANNE FARMS
SUBDIVISION
WHEREAS, the residents of the western portion of Carolanne
Farms Subdivision, located adjacent to Interstate 64, south of the
Route 44 interchange, are impacted by traffic noise from the nearby
freeway;
WHEREAS, the impact of such traffic noise has been intensified
by the installation of a sound attenuation wall at the western side
of Interstate 64; and
WHEREAS, such traffic noise is disruptive to the lives of the
affected residents, and cannot be abated by their own efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Commonwealth Transportation Board and the Virginia
Department of Transportation are hereby requested to:
(1) Conduct an appropriate study of noise impact conditions
along Interstate 64, south of the Route 44 interchange;
(2) Consistent with the results of such study, perform all
necessary acts to cause the installation of sound barriers or other
noise abatement devices for the benefit of residents who may be
adversely affected by noise impact from the adjacent freeway;
(3) Amend or waive any provisions of the State Noise
Abatement Policy which may require localities to have a noise
abatement ordinance and to participate in the cost of noise
abatement measures, or providing that noise abatement measures be
undertaken only in connection with ongoing highway projects; and
(4) To fund the cost of such study and noise abatement
measures from state funds allocated for highway construction and
maintenance.
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BE IT FURTHER RESOLVED:
That the City Clerk is hereby directed to provide a certified
copy of this Resolution to the Secretary of Transportation and to
the Commonwealth Transportation Commission, and to each member of
the City's local delegation to the General Assembly.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of D~cember , 1994.
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CA-5803
ORDIN~NONCODE~NOISE. RES
R-1
DECEMBER 8, 1994
- 49 -
Item III-N,2,
NEW BUSINESS
ITEM # 38683
Upon motion by Councilman Moss, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND and RE, ORDAIN Ordinance Number 2200D re
the Review and Allocation Committee (COIG).
(Sponsored by. Council Members Robert IC Dean and John D. Moss)
Voting: 10-0
Council Members Voting Aye:
Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E
Oberndor. f, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
December 13, 1994
Sponsored by Councilmembers Robert K. Dean and John D. Moss
AN ORDINANCE TO AMEND AND REORDAIN
ORDINANCE NO. 2200D PERTAINING TO
THE REVIEW AND ALLOCATION COMMITTEE
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WHEREAS, by ordinance adopted January 5, 1993 (Ordinance
No. 2200D), City Council created and appointed a Review and
Allocation Committee for the Community Organization Incentive Grant
("COIG") program;
WHEREAS, the ordinance, as adopted, provides that "the
Committee shall include members who have no direct involvement in
the policy making or operation of any agency applying for funding
through the COIG program...;"
WHEREAS, this provision precludes service on the
Committee by many highly qualified and knowledgeable citizens who
selfishly serve, without compensation, on the boards of directors
of numerous agencies that periodically apply for COIG program
funding; and
WHEREAS, the concern that this provision was designed to
address can be adequately addressed by a substitute provision which
would allow such citizens to serve on the Committee, but would
require them to abstain from participating in the Committee's
discussion and vote on any request for COIG program funding
submitted by an agency on whose board of directors they serve, or
for which they otherwise serve in a policy-making or operational
capacity.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Ordinance No. 2200D, adopted by the Council on
January 5, 1993, is hereby amended and reordained as set forth in
Exhibit A, which is attached hereto and hereby incorporated by
reference.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of December, 1994.
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CA-5787
ORDIN\NONCODE\COIG. ORD
R-1
PREPARED: 11 / 29 / 94
EXl{IBIT 1%
(Ordinance No. 2200D)
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WX{ERE1%S, the City Council of Virginia Beach assists in funding
various agencies which perform services benefitting citizens and
the community through the Community Organization Incentive Grant
(COIG) program;
WI{EREAS, the City Council desires to create a Review and
Allocation Committee for the COIG program;
Wl{ERE1%S the Committee ~~ ~-~"~ .... ~ ...... ~ ~ ......
............................ ~ .... ~ ......... ~ ~ cpcratlon ~f any agcncy
~~.~ ........... ~ ...... ~ ~,c .... program and shall be
comprised of eleven (11) members as follows:
1. One (1) Citizen-At-Large to be selected by the Mayor and
confirmed by Council. This member shall serve as the
chairperson for the Committee.
2.Four (4) Citizens-At-Large to be selected by Council.
3. The two (2) members of Council who serve on the Council's
Finance Liaison Committee.
4.The Director of Public Health or qualified designee.
5.A representative from the Virginia Beach Foundation.
6. A representative from the United Way who has expertise in
not-for-profit agencies and/or grant fund allocation.
7. A representative from the Library Board or, if no member
of the Library Board is able to serve, a member of the
Social Services Board who can represent a cross section
of the citizen interest in the city. This member is to
be selected by the chairperson of the Library Board or
the Social Services Board;
WI{EREAM, City Council shall appropriate funding for the total
COIG program; and the Review and Allocation Committee shall review
the applications, interview the applicants, and allocate the
funding to the specific agencies after the adoption of the
Operating Budget each year;
WMEREAM, the City Council believes that those agencies which
apply to the City for funding on an annual basis should submit an
application which should include equipment and supplies to be
purchased, services to be performed, and the estimated costs of
each. Other pertinent information should also be included in said
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application to assist the Review and Allocation Committee in its
evaluation of the applications; and
W~EREAS, the City Council further believes that those agencies
receiving said funds should report to the City, as specified in the
guidelines and procedures, stating how the funds have been
expended, and outlining the services which have been performed as
a result of those expenditures.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA; that a Review and Allocation Committee
is hereby created and appointed by Council and shall be comprised
of eleven (11) members as follows:
1. One (1) Citizen-At-Large to be selected by the Mayor and
confirmed by Council. This member shall serve as the
chairperson for the Committee.
2. Four (4) Citizens-At-Large to be selected by Council.
3. The two (2) members of Council who serve on the Council's
Finance Liaison Committee.
4. The Director of Public Health or qualified designee.
5. A representative from the Virginia Beach Foundation.
6. A representative from the United Way who has expertise in
not-for-profit agencies and/or grant fund allocation.
7. A representative from the Library Board or, if no member
of the Library Board is able to serve, a member of the
Social Services Board who can represent a cross section
of the citizen interest in the city. This member is to
be selected by the chairperson of the Library Board or
the Social Services Board;
The initial terms of the five (5) Citizen-At-Large members and
the representatives of the Virginia Beach Foundation, the United
Way, and the Library or Social Services Boards shall be for three
(3) years; provided, however, that the initial terms of the
Citizen-At-Large members may be made for less than three (3) years
in order to provide for staggered expirations of such terms.
Thereafter, all terms of these eight (8) members shall be for three
(3) years; provided further, however, that in accordance with
Section 2-3 of the City Code, no such member shall serve for more
than three (3) consecutive three-year terms.
The Review and Allocation Committee shall review applications,
interview applicants, and allocate final COIG funding to specific
agencies each year following the adoption in the Operating Budget
of a total COIG funding amount.
BE IT FURTHER ORDAINED THAT; agencies requesting funding from
the City annually shall submit applications each year in such form
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and manner as the City Manager may determine, and such applications
are to be evaluated by the Review and Allocation Committee=i
provided, however, that any member of the Committee who is also a
member of the board of directors of an agency requesting funding,
or otherwise serves in a policy-making or operational capacity for
such agency, shall abstain from participating in the Committee's
discussion and consideration of, and from voting with respect to,
such agency's request. Each application shall state equipment and
supplies to be purchased and services to be performed. The
application shall also state the estimated cost to purchase said
equipment and supplies, and to perform said services. Other
pertinent information, as required by the Department of Management
and Budget and the Review and Allocation Committee shall also be
included in said application to assist the Review and Allocation
Committee in its evaluation.
Those agencies whose applications are approved and who receive
funds shall submit expenditure reports as specified by the city
Manager guidelines and procedures, accordingly. The reports shall
state how the funds were actually expended for equipment and
supplies, services performed, and all related pertinent
information.
BE IT FURTHER ORDAINED THAT; the City Manager shall prepare
and implement such guidelines and procedures as deemed appropriate
and necessary to implement this ordinance.
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- 50 -
Item III- O. 1.
ADJOURNMENT
ITEM # 38684
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:40 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
-
City Clerk
Meyera E. Oberndorf
Mayor
City of l~rginia Beach
Virginta
December 13, 1994