DECEMBER 9, 1997 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLbIM D SESSOMS IR At Large
]OHN A BAUM, Blacg~uam' Borough
LIN~b'OOD 0 BRANCH III V~r~mta Beach BcaouRb
WILLIAM W HARRISON, ]R, Lynnha~en Borough
HAROLD HEISCHOBER At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R ]ONES, Bays~de Borough
REBA S McCLANAN, Pnncess Anne Bo~ugh
NANCY K PARKER. At Large
LOUISA M $TRA YHORN, Kemps~lle Bonmgh
JAMES K SPORE, Ctty Manager
LESldE L. LILLEY. C~ty Attom~
RUTH HODGES SMITH, CMC / AAE. Ctt~ Clerk
CITY COUNCIL AGENDA
C I fY HALL BUIld)lNG
2401 COURTIIOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456 9005
~757~ 427 4303
December 9, 1997
I. PRESENTATION
- Conference Room-
9:00 AM
he
OWL CREEK WATERSHED ADVISORY COMMITTEE
Edward Bourdon, Committee Member
Mary Heinrecht, Committee Member
II. CITY MANAGER'S BRIEFINGS
A.
Be
C,
BOW CREEK MOTEL STATUS REPORT
Barry Frankenfield, Department of Parks and Recreation
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Director of Finance
FIVE-YEAR FORECAST
Dean Block, Director, Management Services
III. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION
- Conference Room-
11:30 AM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber-
2:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
The Reverend David Lassalle
Church of the Holy Apostles
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 2, 1997
G. AGENDA FOR FORMAL SESSION
H.
CONSENT AGENDA
The Consent Agenda will be determined durtng the Agenda Review Session and considered tn the
ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTIONS
J.
.
,
Resolution to direct the City Attorney to prepare an Ordinance to Amend and Reordain
Section 2-396 of the City Code re composition, organization, appointment and qualifications
of the members of the Planning Commission as related to the Redistricting Plan.
Resolution re the City's 1998 Legislative Package and to request the General Assembly
Delegation sponsor and/or support the appropriate legislation in the 1998 Virginia General
Assembly.
ORDINANCES
,
.
Ordinance to ACCEPT and APPROPRIATE $51,136 from the U. S. Department of
Housing and Urban Development (HUD) to the FY 1997-1998 Operating Budget of the
Department of Housing and Neighborhood Preservation re funding rehabilitation loans
and grants for Virginia Beach homeowners; and, estimated revenue be increased
accordingly.
Ordinance to ACCEPT and APPROPRIATE $90,312 additional revenues from the Federal
and State Governments to the FY 1997-1998 Operating Budget of the Department of Social
Service re supporting the Virginia Initiative for Employment Not Welfare {VIEW); and,
establish three (3) additional temporary caseload FTE positions.
K,
.
Ordinance to TRANSFER $310,000 from the Community Development Block Grant
Reserve for Contingencies to the FY 1997-1998 Community Development Loan and Grant
Fund; and, authorize the City Manager to execute grant agreements governing the use of such
funds by non-profit organizations re rehabilitating and constructing facilities for the
homeless:
$125,000 Samaritan House
$115,000 Vetshouse
$ 70,000 Seton House
.
Ordinance to TRANSFER $254,833 within the Department of Public Works FY 1997-1998
Operating Budget re funding additional personnel (9 FTE's) and related capital equipment
to improve and enhance dredging operations in Rudee Inlet.
.
Ordinance to authorize two (2) temporary encroachments into a portion of the right-of-way
of Republic Road (connecting First Colonial and Laskin Roads) by Boney Wilson and
Sons, Inc. re constructing and maintaining monument-type directional signs. (Deferred
December 2, 1997).
License Refunds in the mount of $4,907.78.
PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
2:30 PM
.
Ordinance in the petition of BPP DEVELOPERS, INC., a Virginia Corporation, for the
discontinuance, closure and abandonment of a portion of Lynnhaven Drive beginning at a
point 151.6 feet East of Vista Drive and running in an Easterly direction a distance of 115
feet, variable in width and containing 3,239 square feet (LYNNHAVEN BOROUGH).
Approved Subject to Compliance: June 11, 1996
Deferred for Additional 180-Days: December 17, 1996
June 24, 1997
Recommendation:
FINAL APPROVAL
,
Ordinance in the petition ofLIFENET, d/b/a LIFENET TRANSPLANT SERVICES, for
the di~c0ntinuance, closure and abandonm,nt of a portion of Baker Road beginning at the
Southwest comer of Baker Road and Ward Court and running 375.65 feet in a Southerly
direction, containing 5,294.4 square feet (BAYSIDE BOROUGH).
Approved Subject to Compliance: June 24, 1997
Recommendation:
FINAL APPROVAL
.
Application of BUDDHIST ASSOCIATION OF HAMPTON ROADS for a Conditional
Use Permit for a church on the South side of Bonney Road, East of Kenley Road (4915
Bonney Road), containing 2.44 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
,
Application of GAYLE E. JR. and JACQUELINE ROUNTREE, T/A Holly Ridge
Manor for a Conditional Use Permit for a commercial oct kennel on the South side of
-
Seaboard Road and West of Princess Anne Road (2997 Seaboard Road), containing 60 acres
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
,
Application of TIARA PROPERTIES, INC., for a Conditional Use Permit for gasoline
sales in cQnjuneti0n with a CQnveni~nce store at the Southeast comer of General Booth
Boulevard and South Birdneck Road (900 General Booth Boulevard), containing 33,541
square feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
e
Application of RENNIE PETROLEUM CORPORATION for a Conditional Use Permit
for ga,5., oline pumps in conjunction with a convenience store at the Southeast intersection of
Virginia Beach Boulevard and North Plaza Trail (3397 Virginia Beach Boulevard),
containing 30,099.9 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
e
Application of PACE CONSTRUCTION DEVELOPMENT CORP., for a Change ..of
Zoning District Classification from Q-2 Office District to Conditional A-12 Apartment
Distrie~ at the Northwest comer of Ferrell Parkway and General Booth Boulevard, containing
6 acres more or less (PRINCESS ANNE BOROUGH).
Recommendation:
ALLOW WITHDRAWAL
L. APPOINTMENTS
CHESAPEAKE BAY PRESERVATION BOARD (CBPA)
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PENDLETON CHILD SERVICE MANAGEMENT BOARD
PLANNING COMMISSION
RESORT AREA ADVISORY COMMISSION (RAAC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1.
HARRIS ROAD BIKE PATH EXPANSION - John Haver and Neil Rose
(Sponsored by Councilman William W. Harrison, Jr.)
2. ABSTRACT OF LEGAL CASES RESOLVED - NOVEMBER 1997
O,
ADJOURNMENT
CITY COUNCIL SCHEDULE
CITY COUNCIL PLANNING SESSION ® PAVILION
8:30 AM- 3:30 PM
TUESDAY, DECEMBER 16, 1997
Informal Session (as regularly scheduled)
Formal Session - 6:00 PM
Planning Items - 6:30 PM
(Rescheduled from December 23, 1997)
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)
12/05/97/BAP
AGENDA\I 2-09-97.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirginIa Beach, VIrginia
December 9, 1997
Mayor Meyera E Oberndorf called to order the PRESENTATION AND CITY MANAGER'S BRIEFING
SESSIONS tn the Council Conference Room, Ctty Hall Building, on December 9, 1997, at 9 O0 A M
Council Members Present
John A Baum, Ltnwood 0 Branch, III, Barbara M Henley, Reba
S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and
Loutsa M Strayhorn
Councd Members Absent'
Vtce Mayor Wdham D Sessoms, Jr.
Wdham W. Harrtson
Louts R Jones
[ENTERED 11 18 A M]
[ENTERED' 10 38 A M]
[ENTERED 9 43 A M]
Harold Heischober [ENTERED 10 45 A M]
MA YOR 'S ANNOUNCEMENT
ITEM # 42932
Mayor Oberndorf advised the CITIZENS ADVISORY COMMITTEE (CA C) has been so &hgent tn thetr
duties that they have completed their neighborhood preservatton tn the twelve (12) vartous TARGET
NEIGHBORHOODS that no longer extst This has been a long time comtng and the Ctty ts aware of HUD
fundtng which has helped to make thts posstble She comphmented the Staff who have been dechcated,
creattve and effictent in their management of resources to accomplish this economtc vttaltty The Department
of Houstng and Neighborhood Preservatton ts havtng lunch to honor the members of the CAC today at noon
and Members of Ctty Counctl are invited to share tn thts occasion to honor those CAC Members who have
gtven so many years of tireless and unselfish service The Mayor asked that City Counctl RECESS after the
Brteftngs to have lunch with the CAC at the Department of Housing and Neighborhood Preservation
December 9, 1997
-3-
CITY MANA GER 'S PRESENTA TION
0 WLS CREEK WA TERSHED AD VISOR Y COMMITTEE
9:00 A.M.
ITEM # 42933
Mary Hetnrecht advised approxtmately stx years ago the City reviewed the Owls Creek Watershed to
determine tts tnclusion tn some of thetr water quality programs as tn the rest of the City t e Chesapeake
Bay Act, Southern Watersheds Program As Owls Creek drains chrectly tnto the Ocean, tt dtd not fall tnto
etther of the aforementioned programs. The City entered tnto a partnershtp with ctttzens and dectded to
pursue a voluntary approach to the Owl Creek Watershed. Mrs. Heinrecht ltsted the parttctpants Ctty
Offictals, Waterfront Bustness and Property Owners, Watershed Bustness Assoctattons, Watershed Ctvtc
Associations and other tnterests which encompassed Camp Pendleton, Resort Area Advisory Commtsston,
Southeastern Assoctation for Vtrgtnta's Environment, Surfrtder Foundatton and Vtrgtnta Beach Audubon
Society
Mrs Heinrecht cited the Mission Statement Adopted November 2, 1995:
To develop and promote a long term strategy for the protection
and promotion of this important natural and economic resource
which will sustain the high quality of the waters, natural areas,
developed and developable lands of the Owls Creek watershed.
Edward Bourbon advised he was tnvolved tn the project as the representative of the Croatan Ctvtc League
Mr. Bourbon advtsed the Owls Creek Watershed Advtsory Counctl has tdenttfied the followtng
recommendattons :
Testing of the quality of the water in the Owls Creek Watershed.
Keep Rudee Inlet and channels dredged (siltation, circulation
and flushing).
Watershed Land Use Inventory
Four Bays in Lake Holly at Outfalls of Storm Drains
Awareness (educatton) ts a stgmficant component of the Watershed The btggest tssue is stormwater related
and extsting infrastructure tn place today For that reason, this appears to be connected wtth Public Works
rather than Planning.
Mrs Hetnrecht advtsed a landowner tn the process of bulkheadtng hts property to develop same for a
commerctal manna is actually retrofitttng the parcel All of the runoff coming from the publtc streets wtll
be chrected tnto a BMP that the landowner ts constructing This ts the type of approach the Owls Creek
Watershed Advisory Committee is attempting to matntatn
Mr Bourbon advised that water monitoring ts the key, once this ts under operatton and results are recetved
over a period of ttme, other tssues mtght require the Owls Creek Watershed Advisory Committee to meet
more frequently or have committees formed within the body to address these spectfic issues A base line of
tnformatton shouM be estabhshed, before further strides can be made by the Commtttee Cbncerntng water
monitoring, Ttdewater Community College has a program in conjunctton with State DEQ and the Commtttee
has recommended this be expanded to tnclude both Lake Holly and Lake Chnsttne. Publtc Works ts
performtng a study as part of their MPDES program and wtll be gtvtng projecttons to the Commtttee. As
the Virginia Marine Science Museum withdraws tts water for tts aquariums from Owls Creek, the
Committee belteves it ts critical to matntatn the quality of water
The Land Use Inventory couM be accomphshed by the Planning Department. There are opportuntttes with
the Habttat Enhancement Committee and through the State to destgn projects for volunteer planttng As the
original chd not come up to destgn standards, the bench along the Vtrgtnta Manne Sctence Museum mtght
be planted Thts ts an opportunity for the Army Corps of Engineers funding Rather than mtttgatton, for
some wetlands projects, the Corps pays tnto a fund and tf there are funds are applted to thts Watershed, they
could be used for Owls Creek. Mrs. Hetnrecht advtsed there ts at least $8,000 avatlable
December 9, 1997
-4-
CITY M/INA GER 'S BRIEFING
BOW CREEK MOTEL STATUS REPORT
9:30/I.M.
ITEM # 42934
Barry Frankenfield, Department of Parks and Recreation, tntroduced Sara Hensley - Parks and Recreatton,
Jim Lawson - Real Estate and Mark Johnson - Public Works, all of whom have been tnvolved in this project.
With the utilizatton of an overhead, Mr Frankenfield &splayed the Bow Creek Motel property It ts
comprised of approximately 5.5 acres. It ts adjacent to the Bow Creek Recreation Center and the Bow
Creek Golf Course, Rosemont Road and Club House Road Thts facthty actually owns the entrance to the
Recreation Center and the Golf Course Therefore, the public actually enters to utthze the Recreation
Center and the Golf Course over an easement through the motel property. The Ct~ recogntzes the
unattractive appearance of the property. This ts not the best use of the property with the restaurant motel,
restdential netghborhood and ail the recreattonal uses tn the same vtcimty. Thts parttcular census tract, one
of 63 census tracts in the City, is in the top 10 of a density of open space and parks The recreation center
and the golf course have less parktng than the others, t e Kempsville Greens Golf Course and the other
recreation centers There are some long-term residents tn the motel If thts proJect ts approved, the staff wtll
proceed tmmedtately to determine the extent of thts particular tssue Through thts process, the Ctty has been
deahng with the motel's attorney and, therefore, has not chscussed cost or whether the motel ts an agreeable
seller Last year, the Ctty Council advised the staff to develop a CIP project for the environmental study
which was approved at $99,000. Less than 'half thts amount, approxtmately $40,000, has been expended
relative topographic surveys, environmental study, appraisal, preliminary schematic study, engineering,
underground and overhead utilities. Mr. Frankenfield cited the improvements tdenttfied.
New neighborhood Park
New walkway entrance into Recreation Center and Golf Course
New entrance road making a distinction between the golf course
and the entrance to the Recreation Center.
/Idditional parking for approximately 39 new spaces.
Flooding can be resolved regarding the existing road, curbing
and minor stormwater improvements.
Underground water and sewer lines
Utility lines
Planting and Buffering the entire site.
No lighted fields.
Mr Frankenfield itemtzed the costs:
Demolition of the motel, including all design costs,
contingencies, inspection support costs: $290,000
New park, road, parking, planting and buffering: $340,000
The City Manager advtsed ail of the departments are involved tn the Budget Caucus and ranktng priortttes
on the CIP projects. The City Counctl will recetve those recommendattons on March 31, 1997, prior to Ctty
Council receiving the Capital Improvement Program
December 9, 1997
-5-
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
9:43 A.M.
ITEM # 42935
Patrtcta Phtlltps, Director of Ftnance, advtsed the firm of KPMG Peat Marwtck completed the aucht of the
Ctty 's financtal records for the year ended June 30, 1997 Once agatn, the auditors have given the ctty an
unqualified opinion (clean opinion) on its financtal presentatton and record keeptng In general, the
comments recetved from the ,4uchtor were favorable Coptes of the Comprehensive Annual Financial
Report (CAFR) were &stributed to Ctty Counctl Mrs Phillips introduced Mrs Elizabeth Foster, Partner
wtth Peat Marwtck and Beth Metnen - Manager. Mrs Phtlltps expressed apprectatton to Robert Hayes -
Comptroller, who led the effort to compile the C,4FR, (Due to the death of hts mother, he was unable to be
tn attendance,) Don Barnett - Deputy Comptroller, Rtchard £ester -Princtpal ,4ccountant, Joanne Whtte -
Internal ,4udttor, Morns Freelon, £tnda Harrts, ,4rlene Nay, Patricia Porter, Rtckte Richards, Trudy Rogers,
Tony Valentine, Jacla'e Caldwell, Keena Odom and Sandy Rodrtguez ,4ll members of the staff worked many
hours overtime to develop this CAFR and the new financtal system
Two organizations, for which the City is considered to have financial accountabthty, are the Virginia Beach
Development Authority and the Virginia Beach Community Development Corporation Both organizations
are included in this year's CAFR The Ctty has a strong fund balance and ts tn excellent financtal conchtton,
enjoying the ,4A/,4,42 rating from the two major rattng agencies
SUMMARY OF CHANGES IN UNDESIGNATED GENERAL FUND BALANCE
(IN MILLIONS)
Undesignated Fund Balance at June 30, 1996
Revenues $ 509.1
Expenditures and Transfers
Decrease in Reserves and Designations
Increase in Undesignated Fund Balance
Undesignated Fund Balance at June 30, 1997
(501.3)
(21.0)
$73.8
(13.2)
$60.6
FUND BALANCE ts one of the most tmportant tnchcators of the rating agenctes The dtfference between
current revenues and current expenchtures ts the SURPLUS for the year $7.8-MILLION. The City
budgeted $502-MILLION in Revenues and actually received $509-MILLION or a 1.3 % variation, a very
narrow margtn This was primartly tn the areas of Real Estate Tax Revenues, Personal Property Tax
Revenues and Interest Earnings. There were not significant dtfferences in other ttems. Expenditures and
Net Transfers budgeted were $518.2-MILLION. Actual Expenditures and Net Transfers **,ere only $501.3-
MILLION, a difference of $16.0-MILLION, which ts only a 3. 74% margin. Pubhc Works alone had $6-
MILLION, which was primarily due to the full amount for the recycling contract betng budgeted and whtch,
of course, was not expended, but needed to be budgeted in order to execute the contract Mrs Phillips
advised the surplus ts the excess of current revenues over current expenchtures. ,4 FUND BALANCE ts the
accumulated unspent surpluses matntatned to protect the financtal tntegrtty of the Ctty
The City Manager advised a financtal planner will recommend indtvtdual have two to three months of thetr
annual salary tn a reserve account to cover unanttctpated expenditures. Three months of an tnchvtdual's
salary is 25% of their annual income The City is at a fund balance of 11.9% this year.
December 9, 1997
-6-
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 42935 (Continued)
GENERAL GOVERNMENTAL REVENUES B Y SO UR CE
SO UR CE
FYE 1997 AMOUNT
(Thousands)
PERCENT OF TOTAL
INCREASE/
(DECREASE)
AMOUNT
(Thousands)
Local Sources $ 490, 639 60 0 $ 35,330
From Commonwealth $ 284, 339 34 7 $ 22, 843
5.3
$ 43.254
$ 81&232
From Federal
Government
100.0
TO TAL RE VENUES
0,105
$64,278
GENERAL GO VERNMENTAL RE VENUES B Y SO UR CE
SO UR CE
FYE 1997
AMOUNT
(Thousands)
PERCENT
OF
TOTAL
Local Sources.
General Property Tax $ 298,295 36 5
Other Local Taxes 142,212 17 4
04
3,450
3, 768
Permtts, Prtvtlege Fees, and
Regulator Ltcense
Ftnes and Forfettures O. 5
From Use of Money and 10,597 1 3
Property
Charges for Servtce 25, 854 3 2
Miscellaneous 6,129 0 7
From Other Local Governments 334 --
TOTAL LOCAL $ 490,639 60. 0
SUMMARY OF EXPENDITURES
ALL GOVERNMENTAL AND ENTERPRISE FUND
FOR THE YEAR ENDED JUNE 30, 1997
Fund Type City School Other Total
Governmental Funds $ 388.9 $ 467.8* $ - $ 856. 7
Enterprise Funds 79.15 -- 1. 7 81.5
TOTAL EXPENDITURES $ 468.7 $ 467.8 $1.7 $ 938.2
December 9, 1997
-7-
CITY MANA GER 'S BRIEFING
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
ITEM # 42935 (Continued)
SUMMARY OF SCHOOL OPERA TING REVENUES AND EXPENDITURES
FOR THE YEAR ENDED JUNE 30, 1997
BUDGET ACTUAL VARIANCE
REVENUES
LOCAL $ 2,176,068 $ 2,004,537 $ (171,531)
COMMONWEALTH 209,583,558 211,823,270 2,239, 712
FEDERAL 8, 583,845 8, 778,170 194, 325
GO VERNMENT
PRIMARY 167,806,413 162,915,883 (4,890,530)
GO VERNMENT
TOTAL REVENUES $ 388,149,884 $ 385,521,860 $ (2,628,024)
EXPENDITURES AND 388,492,366 366,555,129 21,939,237
TRANSFERS
$ (342,482) $ 18,968,731 $19,311,213
EXCESS OF
RE VENUES (UNDER)
EXPENDITURES AND
NET TRANSFERS
FUND BALANCE -
July 1
FUND BALANCE-
June 30
(11,577,562)
$ (11,920,044)
(11,577,562)
$ 7,391,169
$19,311,213
Mrs Phillips advtsed regarding the State Sales Tax, the City received $33.9-MILLION towards tts 1%
share The Schools, based on the statewtde allocation formula, received $40.9-MILLION, over 1%. The
Summery of all School Component Funds ts contatned within the CAFR. All of the Enterprise Funds which
this School once had are now Special Revenue Funds, whtch has been a btg tmprovement The TGIF Fund
had a fund balance of $4-MILLION at year end. In the 1998 Budget Ctty Counctl approprtated out the
major portion for spectal projects. Sandbrtdge was $1 2-MILLION at year end Mrs Phtlhps advised total
debt was $653,852,370, excluding water, sewer and storm water. This translates to a net debt per capita
of $1,290
December 9, 1997
-8-
CITY MANA GER 'S BRIEFING
FIVE-YEAR FORECAST
10:38 A.M.
ITEM # 42936
Dean Block, Director - Management Services, distributed tnformatton relattve the Budget & Service
Forecast FY 1999-FY2003, Challenges for a New Century Part II, whtch is hereby made a part of the
record Rather then present recommendations, staff seeks &alogue and feedback over the next few weeks
and wd return tn January wtth specific recommendattons
The Mayor requested this Forecast be presented to the School Board. Mayor Oberndorf wtll advtse the
School Board Supertntendent of Mr Block's avatlabthty
CHANGING CONDITIONS
Evolution of the City:
1963 - 1968 - Formation
1968 - 1986- Raptd Growth, artificially low taxes,
tnadequate factlittes
1986 - 1993 - Reaction and Response backlog
reduction, addtttonal/expanded servtces,
revenue enhancements.
1993 - To Date -- Acttvtsm, new goals, new constraints
During the pertod 1986 to 1993, a program of upgrachng servtces was raised to a new standard Examples
of same, were the Ctty pursued a program of upgradtng roads, constructtng new schools to serve the needs
of extsttng restdents, tmprovements to schools t e constructton of gyms, reemphastzed the Green Ltne as
a growth management tool, took a much harder look at subchvtston rezontng, new ordtnance (i e Landscape
Ordinance) were implemented to tmprove the quahty of aesthetic hfe and fundamental strategtc projects,
such as a permanent water supply, were tenaciously pursued, constructed new Recreation Centers, opened
the Vtrgtnta Martne Sctence Museum and the Center for the Arts, pohce officers were added and fire stattons
constructed The City inttiated revitalization of the Oceanfront In 1986, there was an arttfictally low tax
rate of 80 cents The current rate ts $1.22 per $100 The need for these tncreases, while not unantmously
cheered, was generally accepted as necessary Increases of 7. 7 cents, 3.8 cents and 4.9 cents were approved
in Voter Referendums for capital needs Even increases, not assoctated wtth Referendums, were often met
wtth surprtstngly httle pubhc opposttton and expressions of wtlhngness to pay for "needed" servtces Thts
generally appears to have been due to the wtlhngness of City Counctl to explain needs Since 1992, the City
Counctl has chhgently sought to butld a strategy that would recogntze external forces, opportunittes and
constraints to move the Ctty in a postttve dtrectton. In thts sense, the City Council has moved toward a more
proacttve role of planntng the future rather than reacttng to events or past ctrcumstances Thts effort reflects
itself in such programs as the Agricultural Reserve Program (ARP) and tn public/prtvate partnershtps, such
as the Amphttheater and the TPC Golf Course The former ts armed at re-enforctng growth
CURRENT REALITY AND DRIVING FORCES
Current Financial Condition
Lake Gaston/Oceana expansion
National/local economy
Economic development efforts
State aid/preemption of local revenues
Income
Housing
Aging infrastructure
Expenditure factors and fiscal stress
December 9, 1997
-9-
CITY MANA GER 'S BRIEFING
FIVE-YEAR FORECAST
ITEM # 42936 (Continued)
Mr Block defined Fiscal Sustainability whtch ts essenttal to strategy
Abtltty to matntatn services and capttal base
Ability to wtthstand economtc disruptions
Abthty to meet demands of change
Abtltty to help shape the future
Without the foundatton of fiscal sustainability, other strategtes whtch the City mtght wish to follow wtll
tnevitabtltty fatl
The Ctty's economtc development efforts have borne frutt and are both local and regtonal tn nature The Ctty
contrtbutes to the Hampton Roads Partnership, a partnershtp with OM Domtnton and Norfolk State for a
Graduate Center, a partnershtp wtth Ttdewater Communtty College for a Htgh Tech Tratntng Center
Locally, the Vtrgtnta Martne Sctence Museum has been expanded, the City has pursued successful
constructton of the A VIS budding and the expanston to the Ltlhan Vernon factltty, etc
BUDGET & SERVICE FORECAST ANAL YSIS
Impact of "Bow Wave" and known commttments
Conttnuing impact of VRS/other pay tncreases
No recesston
State replaces Personal Property tax dollars
Student enrollment growth
Conttnue extsttng servtces, meet some growth
No ad&ttonal funchng for expected demands
Renewal/replacement
Economic development
New/expanded school programs
State/Federal impacts
We face challenges, not a crtses
Defictts appear structural
Consider changing condtttons
Table the long vtew
The City must also be aware of state aid and preemption of local revenues. The Ctty wtll probably tncrease
dependency on state revenues in the General Funds from about 33% to over 40% tlc the personal property
tax promtse is kept and phased tn The ctttzens who move to Vtrgtnia Beach tend to have lower tncomes than
the ctttzens who move out The population is still growtng and is expected to tncrease by approxtmately
40,000 over the next five years Student growth ts increastng at an average of l % (700-800)per year.
Housing ts a major force and the City has tncreased in dependence on the real estate tax The residential
utility tax, business license tax, etc. is capped. 80% of the tax base is housing. The tssue of aging existing
infrastructure has recently been htghhghted by the chscusston ora school referendum to moderntze older
elementary schools The Ctty is approaching tts 35th birthday and the ltneage of much of the tnfrastructure
predates the establishment of the Ctty. The replacement value of the infrastructure ts $3. 75-BILLION
(encompassing roadways, stormwater, schools and public buildings).
The Virginia Retirement System fiRS) is increasing from approxtmately 9% to 15% in two years and then
will increase to 18%. The State changed their assumptions versus thetr earnings The school system ts also
gotng to grow A 1% increase for City and Schools combtned ts $4.5-MILLION. This does not count FICA.
7.65% must be added to that Next year tn the Ctty's Budget, more than 21%payroll wtl[ be expended for
VRS and FICA combined.
December 9, 1997
-10-
CITY MANA GER 'S BRIEFING
FIVE-YEAR FORECAST
ITEM # 42936 (Continued)
Per capita spendmg ts used as a measure due to its wtde acceptance tn the financtal commumty, as well as
among economtsts It ts a good measure of the demand that local government places on taxpayers tn order
to provtde servtces and can easdy be used wtth per captta tncome. When per captta spendmg ts &vtded by
per captta income, the resulting percentage ts a measure of the "burden" of local government
Mr. Block advtsed Per Capita Expenditures tn the City of Virginia Beach:
FY 1986/87 $1,063
FY 1995/96 $1,574
However thts growth is lower than comparable ctties' Henrico County, Chesapeake, Norfolk and Prince
Wtlltam County.
PER CAPITA EXPENDITURES BY CATEGORY (OPERA TION & MAINTENANCE)
Category FY 1986/8 7 FY 1995/96 % Change
General Government $ 46 10 $ 49 74 7 9%
Parks/Recreatton & $ 46 10 $ 63.75 38 3%
Cultural
$ 160 03 $ 232 83 45 5%
Pubhc Works &
Commumty
Development
Pubhc Safety & $ 167 35 $ 213 11 27.3%
Ju&cial
Education $ 577.42 $ 913 70 582%
Health & Welfare $ 65 82 $ 101.16 53 7%
TOTAL $1,062.82 $1,5 74.29 48.1%
The prtorities of thts government are demonstratively related to education Vtrginta Beach ranks 47th in the
State out of 136 in terms of its FISCAL STRESS The higher the number the better Revenue capacity and
revenue effort are very much related to fiscal stress In REVENUE EFFORT, the City ranked 63rd The
lower the number, the lower the capacity. In 1986/1987, the City ranked 99th in REVENUE CAPACITY
Our revenue capactty has dechned REVENUE EFFORT ts a measure by the State of the degree to which
a locahty draws upon its tax base to provide services In this Budget and Servtce Forecast, the staff believes
the average revenues available for operations will probably grow to approximately 5 %. Expenditures grow
at approximately 6.2%, whtch creates the gap The reason for thts ts the Bow Wave of known commitments:
VRS, new schools, personnel hired tn midyear, annualtzation of Social Servtces Butldtng costs, Juvenile
Detentton Center costs, and student enrollment growth wtth demands for new teachers, mertt tncrease for
employees and demand for servtces due to tncrease tn population. Although requested by the City Manager,
a formal Forecast was not recetvedfrom the School system
Mr Block satd it was tmportant to stress the Ctty faces a challenge, not a crtses Changes can be gradual
and planned These defictts are structural tn nature A Recession has not been forecast Fmanctal strategtes
of the past decade may need to be changed Mr Block retterated his three thoughts
Face changtng conditions whtch challenge the City's
fiscal strategy
The City has opportumttes which require both change
and focus
The Ctty must matntatn fiscal sustatnabdity tf the City ts
to meet tts goals
December 9, 1997
-11-
CITY MANAGER'S ANNOUNCEMENT
12:15 P.M.
ITEM # 4293 7
The Ctty Manager remtnded Ctty Councd Members the Citizens Advisory Committee was conducttng thetr
last Hohday Meettng tn the Department of Houstng's conference room and have extended an tnvttatton to
the Mayor and City Counctl to attend Thts ts tn recognttton of the efforts of the Ctttzens Advtsory Commtttee
who wtll be replaced by a new commtttee tn October 1998 Refreshments will be provtded and plaques wtll
be presented to CAC Members
City Councd RECESSED for the reception
December 9, 1997
- 12-
AGENDA RE VIEW SESSION
12:55 P.M.
ITEM # 42938
Council Lady Parker expressed concerns relative stgns for a grocery store, are not compattble with the stgn
ordtnance
J5
Ordtnance to authort~e two (2) temporary
encroachments into a portion of the rtght-of-way of
Republic Road (connecttng Ftrst Colontal and Lasktn
Roads) by Boney Wilson and Sons, Inc. re constructtng
and matntatmng monument-type directional signs.
(Deferred December 2, 1997)
This item will be &scussed durtng the Formal Session
ITEM # 42939
BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA
ORDINANCES
K 1. Ordinance to ACCEPT and APPROPRIATE $51,136
from the U S Department of Housing and Urban
Development (HUD) to the FY 1997-1998 Operattng
Budget of the Department of Houstng and Netghborhood
Preservatton refunding rehabilitation loans and grants
for Vtrgtma Beach homeowners, and, esttmated revenue
be tncreased accordtngly
K 20rdtnance to ACCEPT and APPROPRIATE $90,312
addtttonal revenues from the Federal and State
Governments to the FY 1997-1998 Operattng Budget of
the Department of Social Service re supporttng the
Virginia Initiative for Employment Not Welfare
(VIEW), and, establtsh three (3) addtttonal temporary
caseload FTE postttons
K3
Ordtnance to TRANSFER $310,000 from the
Commumty Development Block Grant Reserve for
Contingencies to the FY 1997-1998 Communtty
Development Loan and Grant Fund; and, authorize the
Ctty Manager to execute grant agreements govermng the
use of such funds by non-profit organizations re
rehabilitattng and constructtng facilities for the
homeless
$125,000 Samarttan House
$115, 000 Vetshouse
$ 70,000 Seton House
K40rdtnance to TRANSFER $254,833 within the
Department of Public Works FY 1997-1998 Operattng
Budget re fundtng addittonal personnel (9 FTE's) and
related capttal equipment to improve and enhance
dredging operations in Rudee Inlet
K 5 License Refunds in the amount of $4,907. 78.
December 9, 1997
- 13-
AGENDA RE VIEWSESSION
ITEM # 42940
Counctl Lady McClanan expressed concern relative the ttem which ts located next to Heron Ridge She does
not beheve there ts a problem but has concern relattve the norse of the kennel Counctl Lady McClanan
would hke this applicatton revtewed agatn wtthtn two years
K 4 Apphcatton of GAYLE E. JR. and JACQUELINE
ROUNTREE, T/A Holly Ridge Manor for a Conchttonal
Use Permtt for a commerctal pet kennel on the South
stde of Seaboard Road and West of Prtncess Anne Road
(2997 Seaboard Road), contatntng 60 acres
ITEM # 42941
BY CONSENSUS, the following ttems shall compose the PLANNING BY CONSENT AGENDA.
K1
Or&nance tn the petttton of BPP DEVELOPERS, INC.,
a Vtrginia Corporation, for the dtsconttnuance, closure
and abandonment of a portton of Lynnhaven Drive
begtnntng at a potnt 151 6feet East of Vtsta Drtve and
runntng tn an Easterly chrection a &stance of liS feet,
vartable tn wtdth and contatntng 3,239 square feet
(L YNNHA VEN B OR 0 UGH)
K2
Ordtnance tn the petttton of LIFENET, d/b/a LIFENET
TRANSPLANT SERVICES, for the discontinuance.
closure and abandonment ora portton of Baker Road
begtnntng at the Southwest corner of Baker Road and
Ward Court and running 375 65 feet tn a Southerly
direction, contatntng 5,294 4 square feet (BAYSIDE
BOROUGH)
K3
Apphcation of BUDDHIST ASSOCIATION OF
HAMPTON ROADS for a Conditional Use Permit for
a church on the South stde of Bonney Road, East of
Kenley Road (4915 Bonney Road), containing 2 44 acres
(KEMPSVILLE BOROUGH)
K5
Apphcatton of TIARA PROPERTIES, INC., for a
Condtttonal Use Permit for gasohne sale~ tn conjunctton
wtth a convenience store at the Southeast corner of
General Booth Boulevard and South Btrdneck Road (900
General Booth Boulevard), contatntng 33,541 square
feet (PRINCESS ANNE BOROUGH)
K6
Apphcation of RENNIE PETROLEUM
CORPORATION for a Conchttonal Use Permit for
gasohne pumps m ¢onjt4r~¢tton wtth a ¢onvcntenc¢ store
at the Southeast tntersectton of Vtrgtnta Beach
Boulevard and North Plaza Tratl (3397 Vtrgtnta Beach
Boulevard), contatntng 30,099 9 square feet
(L YNNHA VEN BOROUGH)
K. 7
Apphcatton of PACE CONSTRUCTION
DEVELOPMENT CORP., for a Change of Zomng
Dtstrtct Classtficatlon from 0-2 QffiCe Dtstrtct to
Conditional A-12 Apartment Dtstrtct at the Northwest
corner of Ferrell Parkway and General Booth
Boulevard, contatmng 6 acres more or less (PRINCESS
ANNE BOROUGH).
Item K. 7 will BE WITHDRAWN B Y CONSENT.
December 9, 1997
- 14-
CITY COUNCIL CONCERNS
1:15 P.M.
ITEM # 42942
Mayor Oberndorf referenced her correspondence to the Members of Ctty Counctl relattve DECLARING
Friday, December 26, 1997, as a Holiday, in addition to the half-day Hohday on Wednesday, December 24
which ts allowed by City Code
BY CONSENSUS, City Counctl Members concurred.
ITEM # 42943
Councd Lady Parker referenced correspondence from the Garden Club of Vtrgtnta, whtch she chstrtbuted
to Members of City Council, relattve the potential Charter change for billboard legislation tn the General
~lssembly Last year, Ctty Counctl opposed the changes proposed by the Btllboard tndustry
THE FOLLOWING ADDITIONAL CONCERNS WERE HEARD DURING UNFINISHED BUSINESS
A T 4:O0 P.M.
ITEM # 42944
Mayor Oberndorf referenced her correspondence to Members of City Council relattve the namtng of a
highway for the City's Military Veterans. The request originated wtth the Pearl Harbor Survivors, who
requested 1-44 be named after the Pearl Harbor Survivors. In order not to offend any branch of the armed
forces, perhaps a new road, ltke the Southeastern Parkway and Greenbelt, could be named "Veterans
Memorial Highway". Ctty Counctl beheved thts would be approprtate However, as the Ctty ts trying to
form a partnership with Chesapeake, a communtcatton to Mayor Ward, prior to any actton by Ctty Counctl,
might be approprtate. Robert Matthats, ~4sststant Ctty Manager, advtsed a meettng ts scheduled wtth Mayor
Ward next week A Resolutton wtll be scheduled for Ctty Counctl's constderatton to request the
Commonwealth Transportation Board rename the Southeastern Parkway and Greenbelt.
ITEM # 42945
Councdman Harrtson referenced correspondence from Al J Strazzullo relative the billboard on Shore Drive
currently owned by Adams Advertising. Mr. Strazzullo outlined hts esttmate of the cost of tmprovements
to be conservattvely tn the netghborhood of $21,000. No tnformatton was avatlable for archttect/engtneertng
fees or overhead which would substantially increase this esttmate. Counctlman Harrtson requested the Ctty
Manager take the approprtate actton to remove the Billboard The Ctty Manager advtsed thts endeavor was
now in process
ITEM # 42946
Councilman Jones advised Bayside Elementary PTA had contacted htm and presented htm wtth a number
of pettttons These parents expressed concern relative the Baystde Elementary renovattons not being funded
~4s there will be excess funds tn the school budget, the parents wtll be comtngforward and requesttng the
Ctty Councd utihze some of these funds for the purpose of renovation of Bayside Elementary School during
the CIPprocess ~4fter Cooke Elementary School, Baystde Elementary School ts the oldest school and tn need
of renovation
ITEM # 4294 7
Council Lady Strayhorn expressed apprectatton for an outstan&ng effort to Carol Wdhams and Jtm Beltn,
Department of Houstng and Netghborhood Preservatton, relattve the Neighborhood Institute (December
2 thru 7) A booth at the Nattonal League of Ctttes Conference explatned thts Instttute Many tnchvtduals
present at the NLC found thts concept most tnteresttng and were tnqutrtng relattve a stmtlar program tn thetr
respecttve ctttes. Mayor Oberndorf advtsed she had been speaktng relattve this concept to NLC for years
and was grateful they finally allowed this exhtbtt This chsplay will also be exhtbtted under Best Practices
at the U S Conference of Mayors
December 9, 1997
- 15-
ITEM # 42948
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, City Hall Budding, on Tuesday, December 9, 1997, at 1 18
PM
Council Members Present:
John ,4 Baum, Ltnwood 0 Branch, III, William W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce
Mayor Wtlliam D Sessoms, Jr and Louisa M. Strayhorn
Council Members ,4bsent
None
December 9, 1997
-16-
ITEM # 42949
Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts EXECUTIVE SESSION,
pursuant to Sectton 2 1-344, Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS, Dtscusston or consideratton of or
tntervtews of prospective can&dates for employment, assignment,
appointment, promotion, performance, demotton, salartes,
dtsctphmng, or restgnatton of spectfic pubhc officers, appotntees,
or employees pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Chesapeake Bay Preservatton Area Board
Commumty Servtces Board
Francts Land House Board of Governors
Pendleton Child Service Management Board
Planntng Commission
Resort Area Advisory Commtsston
PUBLICL Y-HELD PROPERTY: Dtscussion or consideration of the
condttton, acqutsttton, or use of real property for pubhc purpose,
or of the dispositton of pubhcly-held property, or of plans for the
future of an mstttutton whtch could affect the value of property
owned or destrable for ownershtp by such tnstttutton pursuant to
Sectmn 2 1-344(A)(3)
To- Wtt:
Vtrgtnta Beach Borough
Kempsvdle Borough
Prtncess Anne Borough
LEGAL MA TTERS Consultatton with legal counsel or briefings
by staff members, consultants, or attorneys pertaining to actual or
probable htigatton, or other spectfic legal matters requesttng the
provtston of legal advice by counsel pursuant to Section 2 1-
344(A)(7)
Ctty of Virgtnta Beach v.
Vtrgtnta Marine Resources Commtssion
Upon motion by Councilman Jones, seconded by Councdman Branch, Ctty Counctl voted to proceed tnto
EXECUTIVE SESSION.
Vottng 11-0
Counctl Members Voting Aye
John A. Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr. and Loutsa M Strayhorn
Councd Members Voting Nay'
None
Council Members Absent
None
December 9, 1997
-17-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
December 9, 1997
2:00 P.M.
Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, City Hall Buddtng, on Tuesday, December 9, 1997, at 2 O0 P M
Council Members Present:
John A Baum, Linwood 0 Branch, III, William W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor Wdham D. Sessoms, Jr and Louisa M Strayhorn
Councd Members Absent.
None
INVOCATION:
The Reverend David Lassalle
Church of the Holy Apostles
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Central Ftdehty Bank &sclosed there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther mdtvtdually or tn hts
capacity as an officer of Central Ftdehty Bank The Vice Mayor regularly makes thts Disclosure as he may
or may not know of the Bank's interest tn any apphcatton that may come before Ctty Councd Vtce Mayor
Sessoms' letter of January 1, 1997, ts hereby made a part of the record
December 9, 1997
-18-
Item VI-E,
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 42950
Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, Ctty Councd CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open
Meettng requtrements by Vtrginta law were chscussed in Executtve
Session to whtch this certtficatton resolution apphes,
AND,
Only such pubhc bustness matters as were identified in the motton
conventng the Executtve Sesston were heard, chscussed or
considered by Virginia Beach City Counctl
Voting. 11-0
Councd Members Vottng Aye:
John A. Baum, Linwood 0 Branch, IH, William W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor Wtlham D Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay
None
Councd Members Absent'
None
December 9, 1997
Besolutton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 42949, Page No. 16 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (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.
Ruth Hodges Smith, CMC/AAE
City Clerk .
December 9, 1997
-19-
Item VI-F 1,
MINUTES
ITEM # 42951
Upon motion by Council Lady Parker, seconded by Councd Lady Strayhorn, Ctty Councd APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 2, 1997.
Vottng: 9-1
Councd Members Voting Aye.
John ,4. Baum, Ltnwood 0 Branch, III, Wtlham W. Harrtson, Jr.,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Mayor
Meyera E. Oberndo~ Nancy K Parker, and Loutsa M Strayhorn
Council Members Voting Nay
Reba S McClanan
Councd Members Abstatntng
Vtce Mayor William D Sessoms, Jr
Councd Members Absent
None
Council Lady McClanan did not agree with the synopsts relative the PUBLIC INVESTMENT PROTECTION
STRATEGY.
Vtce Mayor Sessoms ~STAINED as he was not tn attendance during the Ctty Counctl Sesston of December
2, 1997
December 9, 1997
- 20 -
Item VI-G..
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 42952
BY CONSENSUS, C~ty Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
December 9, 1997
- 21 -
Item VI-I 1
RESOLUTIONS
ITEM # 42953
Upon motton by Councdman Harrison, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED
(OPTION A) AS CONDITIONED on the Resolutton to &rect the
City Attorney to prepare an Ordtnance to Amend and Reordatn
Section 2-396 of the City Code re composttion, orgamzatton,
appotntment and quahficattons of the members of the Planning
Commission as related to the Redistricting Plan.
Optton A - Retatmng the current 7-4plan and appotnttng seven (7)
members from among the residents of the seven (7) new restdence
districts, and four (4) members from the Ctty at large, subject to
one at-large member betng a restdent of the lower portton of the
new District 7 (former Pungo or Blackwater)
Vottng. 8-3
Councd Members Voting Aye
John A Baum, Wdham W Harrison, Jr., Harold Heischober,
Louis R. Jones, Mayor Meyera E Oberndorf Nancy K Parker,
Vtce Mayor Wdham D Sessoms, Jr. and Loutsa M Strayhorn
Council Members Voting Nay
Ltnwood 0 Branch, III, Barbara M. Henley and Reba S McClanan
Councd Members Absent'
None
December 9, 1997
A RESOLUTION DIRECTING THE CITY
ATTORNEY TO PREPARE AN ORDINANCE TO
AMEND AND REORDAIN SECTION 2-396 OF
THE CITY CODE PERTAINING TO THE
COMPOSITION, ORGANIZATION, APPOINTMENT
AND QUALIFICATIONS OF THE MEMBERS OF
THE PLANNING COMMISSION
WHEREAS, § 2-396 of the City Code provides that "[t]he
9 planning commission of the city shall consist of eleven (11)
10 members," and that ~[n]ine members shall be appointed from among
11 the residents of each of the seven (7) boroughs of the city, and
12 the four (4) additional members shall be appointed from the city at
13 large;"
14
WHEREAS, pursuant to a change in the City's electoral
15 system which becomes effective July 1, 1998, the current boroughs
16 of the City will cease to exist, and the City will be divided into
17 seven (7) residence districts of approximately equal population
18 ...;"
19
WHEREAS, City Council desires to consider the effects of
20 the new electoral system on its method of appointing planning
21 commissioners;
22
WHEREAS, the terms of four planning commission members
23 will expire on December 31, 1997, and Council desires to consider
24 any amendments to § 2-396 prior to that date;
25
WHEREAS, City Council has identified three options for
26 further consideration; (Option A) retaining the current 7-4 plan
27 and appointing seven (7) members from among the residents of the
28 seven (7) new residence districts, and four (4) members from the
29 City at large; (Option B) appointing all eleven (11) members from
30 the City at large; and (Option C) appointing nine (9) members from
31 among the residents of the nine (9) planning areas established in
32 the Comprehensive Plan, and two (2) members from the City at large;
33 and
34
WHEREAS, after giving due consideration to each of these
35 options, the Council has determined that Option A, as modified,
36 would be in the best interests of the City.
37
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39
That the City Attorney is hereby directed to prepare, for
40 City Council's consideration at its meeting of December 16, 1997,
41 an ordinance to amend and reordain § 2-396 of the City Code in a
42 manner consistent with Option A, with the added requirement that at
43 least one of the at large members shall reside in the former Pungo
44 or Blackwater Borough.
45
Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the 9 day of Deaembar , 1997.
47
48
49
50
CA-6871
DATA\ORDIN\NONCODE\2-396.Res
R-5
PREPARED: DECEMBER 10, 1997
PLANNING AREAS
'IAYPNONT
L.ITTI. I
VII. I.I
NICK
BAY
The following areas, identified as A, B, C and D on this map, are federal/state property and,
therefore, are not Included within any of the Planning Areas:
A - NAB Little Creek
B - First Landing State Park/Ft. Story
C - NAS Oceana
D - Camp Pendleton/Dam Neck
. -,
- 22 -
Item VIoI. 2.
RESOLUTIONS
ITEM # 42954
Mary Heinrecht, 5016Mosby Road, Phone' 460-0750, spoke relative Item #13 Wetlands Mitigation Banlang
Upon motion by Council Lady Parker, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED, AS
AMENDED*:
Resolution re the City's 1998 Legislative Package and to request
the General Assembly Delegation sponsor and/or support the
appropriate legislation tn the 1998 Virgtnta General Assembly
*(Pulled Item 13- Wetlands Mitigation Banking)
Voting: 11-0
Councd Members Voting Aye:
John ,4. Baum, Ltnwood O. Branch, III, Wilham W. Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
December 9, 1997
A RESOLUTION ADOPTING THE CITY'S 1998 LEGISLATIVE PACKAGE
AND REQUESTING MEMBERS OF THE CITY'S LOCAL DELEGATION TO
THE GENERAL ASSEMBLY TO SPONSOR AND/OR SUPPORT
LEGISLATION THAT WOULD CARRY OUT THE GOALS AND
OBJECTIVES SET FORTH THEREIN
WHEREAS, C~ty Council trad~bonally adopts a package of leg~slabve goals and
objecbves of the C~ty and requests members of the C~ty's local delegabon to the General
Assembly to sponsor and/or support leg~slabon to carry out these goals and obJectives; and
WHEREAS, the City Council has conmdered a number of goals and obJectives for
inclumon ~n the C~ty's 1998 Legislative Package
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA'
That C~ty Council hereby adopts the City's 1998 Leg~slabve Package, which ~s
attached hereto as Exhibit A and is hereby incorporated by reference.
BE IT FURTHER RESOLVED.
That the members of the City's local delegation to the General Assembly are hereby
requested to sponsor and/or support legislation in the 1998 Session of the General
Assembly that would carry out the goals and objectives of the City as set forth in ~ts
Leg~slabve Package
BE IT FURTHER RESOLVED.
That the C~ty Clerk ~s hereby d~rected to transmit a copy of th~s Resolubon to each
member of the C~ty's local delegation to the General Assembly
Adopted by the Councd of the C~ty of V~rg~n~a Beach, Virginia on the
Ninth day of December , 1997
APPROVED AS TO CONTENT
I~OBERY 'R ~ATTI~AS
APPRO. ED AS TO I
LEGAL £~,c ~7
EXHIBIT "A"
CITY OF VIRGINIA BEACH
1998
GENERAL ASSEMBLY
LEGISLATIVE PACKAGE
DECEMBER 9, 1997
TABLE OF CONTENTS
Ie
The Legislative Agenda of the Hampton Roads Mayor & Chairs
Caucus as Endorsed by the Council of the City of Virginia Beach
II.
Partnership Between City Council of Virginia Beach and the
General Assembly Delegation
III.
Replacement of the Personal Property Tax
IV.
Unfunded Mandates or Mandates that are the Unintended
Consequence of Otherwise Well Meaning Legislation
Ve
Transportation Funding
VI.
Funding for the Virginia Marine Science Museum
VII.
Funding for the Tidewater Community College/Virginia Beach
Public Schools Technical Center Adjacent to the Virginia Beach
Higher Education Center
VIII.
Funding for Beach Replenishment Through the Public Beach Board
IX.
Funding for the Hurricane Protection Project
Xe
Funding for Maimenance of Rudee Inlet
XI.
Full Funding the State Aid to Libraries
XII.
Funding for State Health Department
XIII. Medicaid Reimbursement for Health Care Givers
XV.
XVII.
Zoning Board Appea/
Chesapeake Bay Preservation Board
Accessory After the Fact
Photo Enforcement of Red Lights
THE LEGISLATIVE AGENDA OF THE HAMPTON ROADS MAYORS AND
CHAIRS CAUCUS AS ENDORSED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH
1. TRANSPORTATION
The General Assembly should move expeditiously to embrace the significance of the
State's needs for transportation improvements as outlined in the Commission on Future
Transportation in Virginia (COFT) Report. VDOT projects that by FY 2001, maintenance
costs will exceed available funds in the Highway Maintenance and Operating Fund, and the
State Transportation Trust Fund will start being used for maintenance. The State also is urged
to continue to be proactive in having Congress adopt the principles in the STEP 21 Program,
but to keep in mind that none of the federal initiatives in this program will have a meaningful
impact on Virginia's funding shortfall.
2. HUMAN SERVICES DELIVERY
As exemplified by the 1993 Comprehensive Services Act (CSA), state trends in service
provision for troubled youth, the mentally ill, mentally retarded and substance abusers
emphasize community-based services as a more effective and less costly alternative to services
provided by state hospitals and mental health facilities. HJR 240 calls for further and
significant restructuring of the state system, which will result in increased demands for
community-based services. The General Assembly is urged to fully consider and respond to
the local impacts of legislation and policies that will create this demand. The demonstrated
cost of CSA indicates that the state has not funded these services at a level that reflects the full
mandated costs that must be accommodated in local budgets with local taxes. Budgeted
program costs should be based on realistic projections of case loads, whether or not federally
mandated. Funding must follow individuals discharged from state facilities to local facilities
which become responsible for services to those individuals. There should be no arbitrary
capping of the state's funding share or cost shifting to localities. "Bridge" funding and
transition programs should reflect increasing local responsibilities. Special funding should be
provided for extraordinary individual cases that would otherwise require additional local
funding. Local authority of Community Service Boards should be preserved. State hospitals
should continue to offer services that cannot be provided feasibly and cost-effectively by
jurisdictions or private providers.
3. LOCAL REVENUE PRESERVATION
The General Assembly is urged not to remove needed local taxing authority, such as the
Personal Property Tax, when local governments still have responsibility for education,
development and redevelopment costs and other infrastructure requirements. Full funding is
needed to implement educational Standards of Quality (SOQ), and an expanded state role in
funding school construction is needed.
4. TELECOMMUNICATIONS
The General Assembly is urged to retain local authority over local public Rights of Way
as well as compensation for the use of such Rights of Way by non-public entities. Further,
there should be a meaningful consultative process with VDOT on the matter of
communications towers in VDOT Rights of Way.
5. REGIONAL INCENTIVE FUND
The Regional Competitiveness Act recognizes that Virginia is not as competitive with
other states as it needs to be, and that local governments must be encouraged to work together
to maximize economic opportunity. The Incentive Fund called for in the Act is an appropriate
vehicle to carry out the goals of the Act and must be funded at $50 million annually to achieve
its stated purpose. This Incentive Fund should not compete with the Governor's Opportunity
Fund.
LEGISLATIVE ISSUES
II.
PARTNERSHIP BETWEEN CITY COUNCIL OF VIRGINIA BEACH AND THE
GENERAL ASSEMBLY DELEGATION
City Council believes that the best results for our citizens and taxpayers is achieved
through a collaborative parmership between state and local government. In that regard,
the Council requests that the General Assembly Delegation from Virginia Beach
consider impacts on the city of any legislation they plan to introduce. Council
understands it cannot control legislation to be introduced by the delegation; however,
legislation in the past has been introduced that has had serious effect on the City for
which the council had no prior consultation or opportunity to comment. For instance,
the removal of tolls on Route 44 has meant the annual loss of $7 million in revenue
previously available to address shortcomings on thc toll road. The city is now forced
to compete for very limited funds available in the region for needed improvements to
Route 44 which is the artery to Virginia Beach.
III,
REPLACEMENT OF THE PERSONAL PROPERTY TAX
Council is quite concerned over the eventual outcome of potentially repealing the
personal property tax. With pressing needs for higher education, K-12 education,
mental health funding requirements, health department funding, infrastructure
maintenance, and many other issues of basic services going under funded, the
Commonwealth is ill prepared to give up any existing revenues at either the local or
state level. City Council is also concerned about the General Assembly being able to
live up to an_v promises to make up for loss of the personal property tax. Examples of
the General Assembly not keeping up their pledges would include House Bill 599
funding for State Aid to Local Law Enforcement. Also, our financial advisor, in a
written opinion, has indicated that the loss of one of the few revenue sources that the
city_ controls, i.e., the personal property tax, could very_ likely result in the lowcririg of
our credit ratiqg. To put it in perspective more clearly, if the city were to do away
completely with the departments of Libraries, Fire, and Parks and Recreation, that
would barely match the amount of money lost by the city through the repeal of the
personal property tax. In fact, it would take a real property tax increase of
approximately $.39 on $100 to fully replace the amount the city would lose.
REQUEST
The General Assembly is requested, if it does repeal the personal property tax, to
match it on a dollar-to-dollar basis from a c, uaranteed fundine stream to the localities.
It is very important this be a _guaranteed funding stream to address the concerns of our
bond rating agency and to hold the city harmless from a revenue perspective. This
would include incorooratin~ some inflation factor into the dedicated fundin~ stream.
The personal property tax is currently one of our fastest growing revenue sources.
IV®
Ve
VI.
UNFUNDED MANDATES OR MANDATES THAT ARE THE UNINTENDED
CONSEQUENCE OF OTHERWISE WELL MEANING LEGISLATION
Although the General Assembly has been exemplary in the recent years in not adopting
legislation that created mandates on local governments, there still have been the
unintended consequences of otherwise well meaning legislation that has produced
mandates on local government. The provision of 4,000 additional teachers statewide,
the significant reduction of class sizes, or teachers salaries could have significant
financial consequences for local governments. Although we appreciate the effort to
reduce class size, local government, including Virginia Beach would still be required to
pay the local share of the salaries of such additional teachers, and perhaps more
importantly be required to provide for new classrooms for such teachers. An average
cost of at least $100,000 per classroom is going to have a very substantial impact on
the city of Virginia Beach and all other localities since the state provides no funds for
capital construction.
TRANSPORTATION FUNDING
The transportation system in the Commonwealth is broken. In Virginia Beach traffic
congestion is growing, the ability of the city to meet that congestion is declining, and
the quality of life and the movement of people, goods, and services that a good
transportation system provides is decreasing at.a rapid pace. The bi-partisan study
commission on Virginia's transportation of future has identified a shortfall statewide of
between $2 and $3 billion per year over the next 20 years. In Hampton Roads the
shortfall exceeds $6 billion, and this does not include a number of high cost projects
such as the third crossing of Hampton Roads. Also, the Commonwealth Transportation
trust fund, which was established for road construction only will, in the year 2001, be
utilized to maintain our existing roads and bridges. The situation is not sustainable,
and if not addressed, will negatively impact our future well being and competitiveness.
REQUEST
Substantial increases to the transportation trust fund must be provided as quickly as
possible. This should include addressing the shortfall, and also providing for a method
to maintain our transportation system through the highway maintenance and operation
budget of the Virginia Department of Transportation so that revenue enhancements are
not needed with the attendant tough political choices required on such a regular basis
has been the case in the last 12 years.
The city also requests substantial state support for construction of the Southeastern
Parkway and Greenbelt from Route 44 to Interstate 64/I-464 in the city of Chesapeake.
This is the city's number one transportation priority and the construction of this facility
is vital for the city and the region to continue to be a global competitor.
FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM
The Virginia Marine Science Museum is a public/private facility owned and operated
by the City of Virginia Beach in partnership with the Virginia Marine Science Museum
Foundation. The museum opened in 1986, followed in June, 1996 by a major
expansion which tripled its size and included one of the country's first IMAX 3D
theatres. Last year the museum had an attendance of almost 700,000, which made it by
far the most visited museum in Virginia and one of the top ten attended aquaria and
marine science musemns in the United States. The museum earns enough revenue to
support about 80 % of its operating costs, with the remainder coming from
contributions and the City of Virginia Beach.
The museum's mission is to increase the public's knowledge of Virginia's marine
environment. It is a learning laboratory of 122,000 sq ft of space, 800,000 gallons of
aquaria and over a hundred interactive exhibits. A trip through the museum takes the
visitor on a journey of water from the James River to the floor of the Atlantic Ocean
through a series of natural habitats which include live river otters, harbor seals,
shorebirds, sea turtles, sharks and the world's largest collection of mid-Atlantic fishes.
The museum served 80,000 students last year with its on-site programs and 39,900
more in outreach programs with its mobile Chesapeake Bay marine lab which travels to
school systems throughout the state. The museum also operates the Virginia Marine
Science Museum Stranding Team which responds to most marine mammals and sea
turtles stranded in Virginia waters, and which has become a primary research group for
migratory dolphins.
Tourism research conducted last year on Virginia Beach visitors by Old Dominion
University found that the museum was the most visited tourist attraction in Hampton
Roads, and that its visitors spend on average 1.31 nights longer and spent $383 more
per party than did other overnight guests. Additionally, the museum's whale watching
trips in January and February have created Virginia Beach's first winter tourist
industry. The FY96/97 museum revenues exceeded $6,000,000, on which the museum
paid $400,000 in direct state and local taxes. The museum is also estimated to have
generated over $4,000,000 in indirect taxes due to increased visitor stays and related
expenditures during this same period. On a quantifiable basis, the Virginia Marine
Science Museum has a larger impact on the economy of Virginia in terms of direct and
indirect taxes generated than the Chrysler Museum in Norfolk which receives a
substantially higher amount of funding support from the Commonwealth. The city
believes that the VMSM should be funded on a par with the Chrysler Museum.
REQUEST - $1,600,000 in Operating Funds for the 1998/2000 Biennial Budget.
The accomplishments of the Virginia Marine Science Museum stands as proof of the
fact that a facility such as this can be both an educational asset as well as a major
tourist attraction for Virginia Beach, Hampton Roads, and Virginia. It is a partner in
meeting state environmental education needs and increasing Virginia's popularity as a
national tourist destination. A major share of the funds requested will be used to
expand and extend the scope of the museum's educational and outreach programs,
particularly for under served school districts and disadvantaged individuals who, for
economic reasons, are unable to have access to the museum and its traveling programs.
IX.
Additional state funding can also strengthen marketing efforts outside of the state to
position the museum as a national tourist attraction, and help it to ultimately attain an
attendance goal of 1,000,000 visitors annually.
FUNDING FOR THE TIDEWATER COMMUNITY COLLEGE/VIRGINIA
BEACH PUBLIC SCHOOLS TECHNICAL CENTER ADJACENT TO THE
VIRGINIA BEACH HIGHER EDUCATION CENTER
The Virginia Beach City Schools and Tidewater Community College are proposing a
partnership to provide a joint high technology education center on the campus of
Tidewater Community College. This $23 million facility will allow the pooling of state
and local resources so that the value of the whole will exceed the sum of the parts.
This innovative concept will allow efficient joint use of shared space. The City
School's use will predominately be during the day, while Tidewater Community
College will use the facility during the later afternoon and evening. High-tech skills
for the Hampton Roads region are essential for the state's future economic well being.
REQUEST
The Commonwealth is requested to appropriate sufficient funds estimated at $10 to $12
million for the Tidewater Community College Center. This would pay for the state
share of the project expected to cost between $23 million and $25 million. The city has
already committed $13 million to this project.
FUNDING FOR BEACH REPLENISHMENT THROUGH THE PUBLIC BEACH
BOARD
The General Assembly is requested to fully fund the Public Beach Board so that
competitive grants can be made available statewide for localities for public beaches.
This board was established in the early 1980s to provide a way to fund public beaches
throughout the Commonwealth. It has been very much under funded in the last six
years. Public beaches are one of the greatest tourist draws for Virginia's tourism
economy which in Virginia Beach alone provides approximately $30 million a year in
direct tax benefits back to the Commonwealth.
REQUEST
The General Assembly is requested to appropriate $3 million for the Public Beach
Board for the upcoming biennium.
FUNDING FOR THE HURRICANE PROTECTION PROJECT
The General Assembly is requested to provide $10 million for the city for the
Hurricane Protection Project at the resort area in Virginia Beach. This $112 million
project received 65 % funding from the federal government that is to be matched with
35 % by the city.
REQUEST
The city is requesting that the Commonwealth provide $10 million which represents
less than one third of the city's 35 % share of this critical project of statewide
significance.
X®
FUNDING FOR MAINTENANCE OF RUDEE INLET
The Commonwealth is requested to participate in the maintenance of Rudee Inlet.
Rudee Inlet is the only inlet available to mariner's between Cape Henry and Oregon
Inlet. Although the city spends considerable sums trying to maintain the navigability of
the inlet with the assistance of the Corps of Engineers, the city has nevertheless been
hard pressed to keep the inlet an acceptable depth.
REQUEST
The General Assembly is requested to provide $600,000 to fund a study of the need to
provide structural improvements to the inlet for long term ease in maintenance.
XI.
FULL FUNDING THE STATE AID TO LIBRARIES
The General Assembly is requested to provide full funding to State Aid to Libraries
over a three year time period. This would require an increase in state funding of
approximately $5,500,000 spread over three years. Virginia Beach's allotment under
that new and expanded funding would rise from $278,000 to $382,000. The General
Assembly has not fully funded the State Aid formula since 1980.
XII.
FUNDING FOR STATE HEALTH DEPARTMENT
The Commonwealth is requested to fully fund State Aid to the State Health
Department. A number of studies have been done over the years that have identified
an inadequacy of state funding for State Health Department funding in local
governments. Because the needs of the Commonwealth have changed with its'
diversified population and growing localities, funding levels have nevertheless stayed
nearly static. The Commonwealth needs to provide funding to provide full State Health
Department services to all the citizens while making sure that it holds harmless the
appropriations to all localities. The provision of health care for low income working
members of our communities is imperative if persons on public assistance are to
permanently transition to the workplace where basic employment often does not include
a health care benefit for the worker or their families.
XIII.
MEDICAID REIMBURSEMENT FOR HEALTH CARE GIVERS
Medicaid defines which licensed mental health professionals are eligible for
reimbursement for Medicaid covered services. The code of Virginia was amended
effective this year to allow reimbursement for Licensed Clinical Social Workers
(LCSW) and Licensed Professional Counselors (LPC). Prior to July 1 LCSWs could
receive a reimbursement only under direct supervision of a psychiatrist or psychologist
while LPCs were ineligible for reimbursement. The Department of Medical Assistance
of the Commonwealth has interpreted the code to mean that this ability to being
reimbursed does not apply to those same licensed professionals employed by the
Community Services Board. This impacts on the ability of the Community Services
Board to generate revenue through reimbursement given the large Medicaid population
they serve.
REQUEST
The General Assembly is requested to amend the Code of Virginia to assure parity
between reimbursement of professionals working in the public and private sector with
regard to Medicaid reimbursement.
XiVe
ZONING BOARD APPEAL
Under the existing Code of Virginia zoning enforcement of proceedings pending appeal
to the Board of Zoning Appeals are automatically stayed. That means that no zoning
enforcement proceeding can proceed until the appeal has been heard.
REQUEST
The General Assembly is requested to amend Section 15.2-2311 by eliminating
Section B which grants the automatic appeal. The automatic stay provision now allows
a person or entity to delay enforcement of the zoning ordinance by filing an appeal with
the board and to continue the violation of the zoning ordinance until the BZA renders a
decision. Moreover, the current provision limits the enforcement authority which has
been specifically given to the Zoning Administrator under Section 15.2-2286:A:4 of the
code. By eliminating the automatic stay, a person or entity will be required to abide by
the determination of the Zoning Administrator pending the appeal.
XVe
CHESAPEAKE BAY PRESERVATION BOARD
Under the current Code, the Chesapeake Bay Preservation Act authorizes local
governments to incorporate civil penalties and charges provisions into their local
ordinance for violations occurring in the Wetlands Act and the Coastal Primary Sand
Dunes Protection Act. The intent of the civil penalties and charges is to provide
financial incentives against violating the law while at the same time providing the
impetus to resolve those issues at an administrative level. The current code; however,
does not allow the same civil penalties or charges to be incorporated into violations of
the Chesapeake Bay Preservation Area
REQUEST
The General Assembly is requested to amend Section 10.1-2109 of the Code of
Virginia adding to Section E.
E. Counties, cities and towns in Tidewater Virginia may incorporate the following
penalty provisions into their zoning, subdivision or any ordinance enacted to protect
the quality of state waters in the Chesapeake Bay Preservation Areas.
1. Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
Areas, any person who violates any provision of any such ordinance or who violates
or fails, neglects, or refuses to obey any commission, board, or administrative or
enforcement official notice, order, rule, regulation, or variance or permit condition
authorized under such ordinance shall, upon such finding by an appropriate circuit
court, be assessed a civil penalty not to exceed $25, O00 for each day of violation.
Such civil penalties may, at the discretion of the court assessing them, be directed
to be paid into the treasury of the county, city or town in which the violation
occurred for the purpose of abating environmental damage to or restoring
Chesapeake Bay Preservation Areas therein, in such a manner as the court may, by
order, direct, except that where the violator is the county, city or town itself or its
agent, the court shall direct the penalty to be paid into the state treasury.
2. Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
Areas, and with the consent of any person who has violated any provision of any
such ordinance or who has violated or failed, neglected or refused to obey any
commission, board, or administrative or enforcement official order, rule,
regulation, or variance or permit condition authorized under such ordinance, the
commission, board, or administrative or enforcement official may provide, in an
order issued by the commission, board, or administrative or enforcement official
against such person, for the one-time payment of civil charges for each violation in
specific sums, not to exceed $10, O00 for each violation. Such civil charges shall be
paid into the treasury of the county, city or town in which the violation occurred for
the purpose of abating environmental damage to or restoring Chesapeake Bay
Preservation Areas therein, except that where the violator is the county, city or
town itself, or its agent, the civil charges shall be paid into the state treasury. Civil
charges shall be in lieu of any appropriate civil penalty which could be imposed
under subdivision 1 of this subsection. Civil charges may be in addition to the cost
of any restoration required or ordered by the commission, board, or administrative
or enforcement official.
XVI. ACCESSORY AFTER THE FACT
Statute: 18.2-19 Accessory After the Fact
Present reading:
In the case of every felony, every accessory after the fact shall be guilty of a Class 1
misdemeanor; provided, however, no person in the relation of husband or wife, parent
or grandparent, child or grand child, brother or sister, by consanguinity or affinity, or
servant to the offender, who, after the commission of a felony, shall aid or assist a
principal felon or accessory before the fact to avoid or escape from prosecution or
punishment, shall be deemed an accessory after the fact.
Problem:
During several complex homicide investigations, accessories after-the-fact have pushed
the limit of "after the fact" by refusing to be interviewed by police, hiding or
destroying weapons and intentionally mis-identifying suspects in order to prevent
apprehension. At times, the accessory "after-the-fact" is doing everything in their
power to prevent proper investigation and apprehension. This is being done on a
frequent basis whether being a relation as described above or not. Due to the wording
of this statute, it is most difficult to determine for sure whether a bonafied relationship
even exists between the parties.
Examples:
Murder: (Commonwealth v. Waters) Investigation led to the arrest of three individuals
for the murder of a 17 year old. Another subject that was not present during the
murder and not related to either of the other parties involved, claimed responsibility for
the murder, denied the others were involved and drove with them out of town
immediately after the murder.
Murder: (Commonwealth v. Latvis) Suspect in murder went to friends house,
confessed to murder, gave handgun to friend and asked that it be destroyed. When
approached after confession of suspect, friend stated that murder weapon was placed
into the James River off of the Monitor-Merrimac Bridge Tunnel. Surveillance tapes
from the bridge-tunnel showed no one stopping to throw the weapon. Divers searched
area where shown by the subject and did not find the weapon.
Fugitive: (Commonwealth v. Cephus) Suspect was wanted for several murders out of
state. Surveillance of the suspect's mothers residence in Virginia Beach showed that
suspect was there. The suspect also had a brother that looked remarkably similar.
During surveillance, the brother that was not wanted was taken into custody as he left
the house in an error of identification. The mother responded to the police station and
through an elaborate ploy told police that he was in fact the wanted son. During a
private conference held between the mother and the unwanted son, she also told him to
say he was the wanted son so the actual wanted person could be taken out of town.
l0
Proposed Solution:
The history of this statute appears to have its roots in common law. It is also believed
that the intention of the law was to prevent relatives from being compelled to turn over
relatives to authority. Unfortunately, the wording of the statutory code allows for the
deliberate destruction of evidence, the intentional lying (rather than saying nothing) to
prevent the escape of a wanted killer which imposes a great danger to society.
Additional verbiage:
If anyone, intentionally destroy or attempt to destroy evidence of a crime, intentionally
mislead investigators as to the identity of the perpetrator of the crime, whether related
as above or not, shall be punished in accordance with the punishments set forth in 18.2-
26 (attempts).
If any person harbor or secrete a wanted person, after duly being instructed of the
nature of the crime they are wanted for, except by those persons enumerated above,
they shall be found guilty as follows: if the person wanted is charged with a
misdemeanor, the harboring individual will be guilty of a class 1 misdemeanor; if the
person wanted is charged with a felony, the harboring individual will be guilty of a
class 5 felony.
PHOTO ENFORCEMENT OF RED LIGHTS
The City is currently evaluating the feasibility of red light enforcement cameras in
Virginia Beach. The current enabling legislation provides authorization for a pilot
program using red light enforcement cameras in certain localities in Virginia Beach
meets the criteria.
The enabling legislation has a sunset clause which expires July 1, 2000. This does
not allow sufficient time for implementation and evaluation of the program. In
addition, the capital cost of this program is expended in the first year and depending
on the success of the program, may take several years to recover.
REQUEST
The General Assembly is requested to legislate an extension of five years to the
sunset clause, or preferably the removal of the sunset clause in Section 46.2-833.01.
This would allow these systems to be f'mancially viable for installation.
3.2
- 23 -
Item VI-J.
ORDINANCES
ITEM # 42955
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Jones, City Council APPROVED IN ONE
MOTION Ordinances 1, 2, 3, 4 and 6 of the CONSENTAGENDA.
Voting: 11-0
Councd Members Vottng Aye
John A Baum, Ltnwood O. Branch, III, Wtlliam W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Louisa M Strayhorn
Counctl Members Vottng Nay
None
Counctl Members Absent
None
December 9, 1997
- 24 -
Item VI-J. 1.
ORDINANCES
ITEM # 42956
Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $51,136 from the
U S Department of Housmg and Urban Development (HUD) to
the FY 1997-1998 Operattng Budget of the Department of Houstng
and Neighborhood Preservatton refunding rehabilitation loans
and grants for Vtrgtnta Beach homeowners, and, esttmated
revenue be increased accordingly
Vottng 11-0 (By ConsenO
Council Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, Wtlham W. Harrison, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vice
Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Vottng Nay
None
Counctl Members Absent'
None
December 9, 1997
AN ORDINANCE TO ACCEPT $51,136 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND APPROPRIATE THESE FUNDS TO THE FY 1997-
98 DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION OPERATING BUDGET
WHEREAS, the Virginia Beach Department of Housing and
7 Neighborhood Preservation is in receipt of $21,112 in revenue
8 resulting from the closeout of the Rental Rehabilitation Program;
WHEREAS, additional revenue in the amount of $31,024 has been
]0 received from the Home Investment Partnerships (HOME) Program; and
11
WHEREAS, the Virginia Beach Department of Housing and
12 Neighborhood Preservation, in compliance with instructions from the
13 U.S. Department of Housing and Urban Development, plans to utilize
14 this additional revenue to fund rehabilitation loans and grants for
15 Virginia Beach home owners.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
18
1. That $51,136 is hereby accepted from the U.S. Department
19 of Housing and Urban Development and appropriated to the FY 1997-98
Operating Budget of the Department of Housing and Neighborhood
21 Preservation for the purpose of funding rehabilitation loans and
22 grants for Virginia Beach home owners;
23
2. That estimated revenue is hereby increased by $31,024 for
24 the additional HOME grant funds and by $20,112 for revenue from the
25 Rental Rehabilitation Program.
26
Adopted the 9th day of December , 1997, by the Council of the
17 City of Virginia Beach, Virginia.
'/~pproved as to Legal
Sufficiency [
F:\USERS\RFRIES\ORDINANC\HOUSING\HOM98B.WPD
- 25 -
Item VI-J.2.
ORDINANCES
ITEM # 4295 7
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, Ctty Council ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE $90,312 addttional
revenues from the Federal and State Governments to the FY 1997-
1998 Operating Budget of the Department of Soctal Servtce re
supporttng the Virginia Initiative for Employment Not Welfare
(VIEW), and, establish three (3) addtttonal temporary caseload
FTE postttons
Vottng 11-0 (By ConsenO
Council Members Vottng Aye
John A. Baum, Ltnwood 0 Branch, III, Wtlliam W Harrtson, Jr,
HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyers E Oberndorf, Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Vottng Nay
None
Counctl Members Absent
None
December 9, 1997
AN ORDINANCE TO ACCEPT AND APPROPRIATE
ADDITIONAL REVENUES FROM THE U. S.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES AND THE STATE DEPARTMENT OF
SOCIAL SERVICES IN THE AMOUNT OF
$90,312 TO THE DEPARTMENT OF SOCIAL
SERVICES FY 1997-98 OPERATING BUDGET
TO SUPPORT THE VIRGINIA INITIATIVE FOR
EMPLOYMENT NOT WELFARE (VIEW) PROGRAM
10
WHEREAS, the implementation of Federal Welfare Reform
11 required that all states have a significant portion of persons
12 receiving Temporary Assistance for Needy Families (TANF) enrolled
13 in the work component of this program;
14
WHEREAS, funds were already appropriated in the Social
15 Services FY 1997-98 budget to aid in this initiative; and
16
WHEREAS, additional federal and state revenues are now
17 available to provide adequate client assessment, case management,
18 work experience placements, and other services.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
1. That $60,608 in funds from the U. S. Department of
22 Health and Human Services and $29,704 in funds from the State
23 Department of Social Services are hereby accepted and appropriated
24 to the Department of Social Services FY 1997-98 Operating Budget;
25
2. That estimated revenue from the Federal Government and
26 the Commonwealth of Virginia is hereby increased by $60,608 and
27 $29,704 respectively; and
28
3. That three additional temporary caseload positions
29 (3 FTE's) are hereby established in the Department of Social
30 Services.
31 Adopted by the Council of the City of Virginia Beach,
32
9
Virginia, on the day of
December
, 1997.
3 3 f \users\pharrls\budget98\vlew
- 26-
Item VI-J. 3.
ORDINANCES
ITEM # 42958
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, City Counctl ADOPTED:
Ordinance to TRANSFER $310,000 from the Commumty
Development Block Grant Reserve for Conttngenctes to the FY
1997-1998 Community Development Loan and Grant Fund, and,
authorize the Ctty Manager to execute grant agreements govermng
the use of such funds by non-profit organizations re rehabthtattng
and constructtng facllitles for the homeless.
$125,000 Samaritan House
$115,000 Vetshouse
$ 70, 000 Seton House
Voting' 11-0 (By Consent)
Counctl Members Voting Aye'
John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wllham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Vottng Nay:
None
Council Members Absent.
None
December 9, 1997
AN ORDINANCE TO TRANSFER $310,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT RESERVE
FOR CONTINGENCIES TO THE FY 1997-98
COMMUNITY DEVELOPMENT LOAN AND GRANT FUND
AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE
GRANT AGREEMENTS GOVERNING THE USE OF SUCH
FUNDS BY NON-PROFIT ORGANIZATIONS
WHEREAS, the Virginia Beach Department of Housing and
9 Neighborhood Preservation maintains funds in the Community
Development Block Grant(CDBG) Reserve for Contingencies to ensure
that federal funds are available for cost over-runs of Federally
funded activities;
13
WHEREAS, the amount of funds in this reserve was increased in
14 FY 96 and FY 97 because of uncertainty about the future
15 availability of federal funds, but this uncertainty has been
16 reduced;
17
WHEREAS, Community Development Block Grants are often used as
18 a source of capital improvement funding for housing facilities that
19 meet the needs of low and moderate income persons; and
20
WHEREAS, the Virginia Beach Department of Housing and
21 Neighborhood Preservation requests that $310,000 be transferred
22 from the CDBG Reserves for Contingencies to the Community
23 Development Loan and Grant Fund to provide non-profit organizations
24 with funds to rehabilitate and construct facilities for the
25 homeless and that the City Manager be authorized to execute grant
26 agreements governing the use of such funds.
27
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
1. That $310,000 is hereby transferred within the Department
30 of Housing and Neighborhood Preservation FY 1997-98 Operating
31 Budget from the Community Development Block Grant Reserves for
32 Contingencies to the Community Development Loan and Grant Fund for '
33 the purpose of providing funding for non-profit organizations to
34 rehabilitate and construct facilities for the homeless;
2. That the $310,000 in funds transferred to the Community
36 Development Loan and Grant Fund be made available as follows:
37
A. $125,000 to Samaritan House;
B. $115,000 to Vetshouse; and
39
C. $70,000 to Seton House;
40
3. That the City Manager is authorized to execute grant
4! agreements with the non-profit organizations listed above to govern
the use of the funds provided by this ordinance.
43
Adopted the 9th day of December , 1997, by the Council of the
44 City of Virginia Beach, Virginia.
[ Approved as to Legal
Sufficiency
Public Information:
The directors of the agencies receiving funds, as well as participants in the ongoing meetings
of homeless providers, are aware that this proposal will be considered by Council. An
interview with the press will be scheduled prior to the actual Council vote.
Alternatives:
Community Development Block Grant funds are very often used as a source of capital
improvement funding for housing facilities that meet the needs of Iow and moderate income
persons, both in Virginia Beach and nationwide. All of the agencies proposed for funding have
obtained, or will obtain, significant additional funding that pays for at least half of the facility
costs. CDBG funding is being used to "fill the gap" between what the agencies can obtain and
what is needed to complete the facilities. Therefore, alternabve sources of funding are already
being tapped.
The provision of this funding is proposed to be in the form of grants. Two of the agencies
involved will or already do have mortgages on the proposed facilities. Therefore, the provision
of the assistance In the form of loans would add to the long term operating cost burden of the
facilities and is considered less preferable.
Recommendations:
The projects proposed for funding are:
A)
Samaritan House: This agency has completed the acquisition of a 32 unit apartment
building that provides a mix of transitional housing and affordable permanent housing
for previously homeless families. City funding will provide for needed rehabilitation and
to partially refinance the existing mortgage. We propose to provide $125,000 of City
funds, while Samaritan House has or will raise the balance of $738,000 from non-City
sources. Operating costs of the project are supported by rents.
B)
Vetshouse proposes to acquire from HUD three existing houses providing five units of
transitional housing for homeless veterans. These units are currently under lease and
have been operated by Vetshouse for several years. Operating costs will be supported
by rents and community support. Vetshouse has, or will obtain, $115,000 to match the
City's proposed contribution of $115,000.
c)
Seton House has obtained all the approvals necessary to construct its transitional
housing for homeless male teenagers. It has requested a grant of $70,000 to
supplement other funding of $348,860. Operating costs are supported by various
sources.
In total, for the three projects $310,000 will be made available in City funding, leveraging
$1,203,230 from other sources. We believe this represents an effective and appropriate use
of these funds on a one-time basis to enhance the City's partnership with the community to
provide these housing opportunities to homeless citizens.
# HSG
CITY % UNITS/ Cost
CITY OTHER TOTAL OF BEDS Per
PROVIDER FUNDS FUNDS COSTS TOTAL ASSISTED Unit
Samantan House 125,000 738,000 863,000 14% 32 $26,970
Vetshouse 115,000 116,370 231,370 50% 5 $46,274
Seton House (B) 70,000 348,860 418,860 17% 11 $38,078
, ,
Total/Average 310,000 1,203,230 1,513,230 20% 48 $31,525
(A) Cost includes $13,000 for rehabilitation
(B) Cost includes $60,000 for equipment/furniture/fixtures
!
Attachments: Ordinance
f \users~jponder\reports\reserage
-27-
Item VI-J. 4.
ORDINANCES
ITEM # 42959
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, City Counctl ADOPTED:
Ordinance to TRANSFER $254,833 wtthtn the Department of
Public Works FY 1997-1998 Operattng Budget re funchng
addtttonal personnel (9 FTE's) and related capital equtpment to
tmprove and enhance dredging operations in Rudee Inlet
Voting'
11-0 (By ConsenO
Counctl Members Vottng Aye
John .4. Baum, Ltnwood 0 Branch, III, Wtlham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor William D Sessoms, Jr and Lomsa M Strayhorn
Counctl Members Voting Nay:
None
Counctl Members Absent
None
December 9, 1997
AN ORDINANCE AUTHORIZING THE TRANSFER
OF $254,833 WITHIN THE DEPARTMENT OF
PUBLIC WORKS FY 97-98 OPERATING BUDGET
FOR THE PURPOSE OF FUNDING ADDITIONAL
PERSONNEL AND RELATED CAPITAL
EQUIPMENT TO IMPROVE AND ENHANCE
DREDGING OPERATIONS IN RUDEE INLET
WHEREAS, the City of Virginia Beach constantly dredges
9 Rudee Inlet to provide for safe navigation;
10
WHEREAS, a policy report to City Council dated November
11 26, 1997 recommended increasing the staff of the Public
12 Works/Operations/Highways/Dredging and Bridge Maintenance Bureau by
13 nine full-time employees at a mid-year cost of $103,333 and
14 acquiring capital equipment at a cost of $151,500 to expand the
15 capacity of the Bureau to a seven day work week;
16
WHEREAS, the Department of Public Works has identified
17 funding sources for this mid-year implementation of enhanced
18 dredging operations in Rudee Inlet from salaries budgeted in the FY
19 1997-98 Operating Budget for positions that are currently vacant;
20 and
21
WHEREAS, the City Council indicated its support for the
22 policy report's recommendations during an informal session on
23 December 2, 1997.
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26
1. That $254,833 is hereby transferred within the
27 Department of Public Works FY 1997-98 Operating Budget for the
29 purpose of providing funding for improving and enhancing the
30 dredging operations in Rudee Inlet;
31
2. That nine additional full-time positions (9 FTE's)
32 are hereby established in the Department of Public Works.
33
34
Adopted by the Council of the City of Virginia Beach,
9 December
Virginia, on the day of , 1997.
~-~p'p-r~ved as ~ontent
A~o~ed as to Legal
Sufficiency
- 28 -
Item VI-J.$.
ORDINANCES
ITEM # 42960
Attorney R. J Nutter, 4425 Corporatton Lane, Phone: 418-3200 represented the apphcant
A MOTION was made by Vtce Mayor Sessoms, seconded by Councdman Hetschober to ADOPT an
Ordinance to authorize two (2) temporary encroachments into a portion of the right-of-way of Republic
Road (connecting Ftrst Colontal and LasMn Roads) by Boney Wilson and Sons, Inc. re constructtng and
matntatntng monument-type directional signs.
A SUBSTITUTE MOTION was made by Councd Lady Parker, seconded by Counctl Lady McClanan to
DENY an Ordtnance to authorize two (2) temporary encroachments tnto a portton of the rtght-of-way of
Republic Road (connecttng Ftrst Colomal and Laskin Roads) by Boney Wilson and Sons, Inc. re
constructtng and matntatntng monument-type directional signs.
Vottng.
2-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Vottng Aye
Reba S McClanan and Nancy K Parker
Councd Members Voting Nay
John A. Baum, Ltnwood 0 Branch, III, HaroM Hetschober,
Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf,
Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Abstatmng:
Wtlham W Harrison, Jr,
Council Members Absent
None
Councdman Harrtson ABSTAINED as his law firm provtdes legal services to the Hannaford Store
December 9, 1997
- 29-
Item VI-J.$.
ORDINANCES
ITEM # 42960 (Continued)
Upon motion by Vice Mayor Sessoms, seconded by Councdman Hetschober, City Councd ADOPTED, AS
AMENDED:
Or&nance to authorize two (2) temporary encroachments tnto a
portton of the right-of-way of Republic Road (connecttng Ftrst
Colontal and Lasktn Roads) by Boney Wilson and Sons, Inc. re
constructtng and matntatntng monument-type dtrecttonal stgns,
subject to
The followtng condtttons shall be required
It ts understood and agreed that such temporary
encroachments will be constructed and matntatned tn
accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgtnia Beach, the Pubhc
Works Department's spectficattons and approval as to
stze, ahgnment, and locatton and tn accordance wtth the
exhtbtts referenced
It ts understood and agreed that the temporary
encroachments authortzed shall terminate upon nottce
by the Ctty of Virgtnta Beach to the applicant and that
wtthtn thirty (30) days afier such nottce is gtven, such
temporary encroachment shah be removed from the
Ctty's rtght-of-way of Repubhc Road by the apphcant,
and that the apphcant shall bear all costs and expenses
of such removal
The apphcant shah tndemnify and hoM harmless the Ctty
of Virginia Beach, tts agents and employees, from and
against aH clatms, damages, losses and expenses
includtng reasonable attorney's fees tn case it shall be
necessary to file or defend an actton artstng out of the
location or existence of such temporary encroachments
It ts understood and agreed that nothtng heretn
contained shah be construed to enlarge such permisston
and authortty to permit the maintenance or constructton
of any encroachment other than those specified herein
and to the hmited extent specified, nor to permtt the
matntenance and construction of any encroachment by
anyone other than the apphcant.
5 The apphcant agrees to matntatn said encroachments so
as not to become unsightly or a hazard
The apphcant must submtt and have approved a traffic
control plan if commencing work tn the Ctty's rtght-of-
way
The apphcant shall make no open cut of a pubhc
roadway unless the plan ts approved by the City
Manager or hts destgnee and the City Engtneer.
The apphcant must obtain a permit from the
Development Services Center prtor to commenctng any
constructton wtthtn the Ctty's rtght-of-way.
December 9, 1997
- 30-
Item VI=J. 5.
ORDINANCES
ITEM # 42960 (Continued)
10.
11
12
13
14
The applicant, prior to tssuance of a Htghway permtt,
must post a Performance Bond The apphcant also must
show proof of pubhc habthty tnsurance of a mmtmum of
Frye Hundred Thousand Dollars ($500, 000 00).
It ts understood and agreed that the encroachtng Signs
shall each not exceed two (2)faces: shall not exceed ten
(lO)feet above the natural grade at the curb, and, shall
be designed substantially as shown on the drawing
entttled "Hannaford Vtrgtnta Beach, I/a, "Drawtng No
M391596, dated October 16, 1996
The apphcant shall submtt, for revtew and approval, a
survey of the area betng encroached upon, certtfied by a
professional engtneer, and/or "as built" plans of the
encroachment, tf requtred by the City Engtneer's Office
It is understood and agreed that the encroachtng Signs
shall be landscaped respectively tn accordance with the
drawtngs entttled "Landscape Plan Hanna ford
Ident~catton Sign, First Colontal and Republic Road
Entrance" dated October 15, 1996
The Ctty, upon revocatton of such authortty and
permtsston so granted, may (1) remove any such
encroachment and charge the cost thereof to the
applicant, and collect the cost tn any manner provtded
by law for the collectton of local or state taxes, or (2)
require the party of the second part to remove such
temporary encroachment, and pendtng such removal, the
Ctty may charge the apphcant compensation for the use
of such portton of the City's rtght-of-way encroached
upon the equtvalent of what would be the real property
tax upon the land so occupted tf tt were owned by the
apphcant, and if such removal shall not be made wtthtn
the ttme ordered by thts Agreement, the City shah
tmpose a penalty tn the sum of One Hundred Dollars
($100 00) per day for each and every day that such
encroachment ts allowed to conttnue thereafter, and
shall collect such compensation and penalttes tn any
manner provided by law for the collection of local or
state taxes
It is understood and agreed that as long as the heretn
approved stgns are tn place, the free-stan&ng stgn wtll
not be constructed on Republic Road.
December 9, 1997
- 31 -
Item VI-J. 5.
ORDINANCES
ITEM # 42960 (Continued)
Voting 8-2
Counctl Members Voting Aye
John A Baum, Ltnwood 0 Branch, III, HaroM Heischober,
Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf,
Vtce Mayor Wtlliam D Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
Reba S McClanan and Nancy K. Parker
Counctl Members Abstaimng
Wilham W Harrison, Jr.,
Counctl Members Absent
None
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces to the Hannaford Store
December 9, 1997
I i I I EAST MAIN STREET
P 0 BOX I~:~a
RICHMOND VIRGINIA ;,3:='1,m 112;'
TELEPHONE (BO4) 697 1200
FAX (804) 697 1339
500 LIBBIE AVENUE
SUITE 2A
RICHMOND, VIRGINIA 23229
TELEPHONE (804) 697 1200
FAX (804) 288-8366
DIRECT DIAL
(757) 518-3214
MAYS & VALENTINE
L.L.P.
44P5 CORPORATION LANE:
SUITE: 420
VIRGINIA RE:ACH, VIRGINIA 2346~,
(757) 518-3200
FAx (757) 518-3~10
B~.Oi GREENSBORO DRIVE
SUITE 800, TYSONS CORNER
McLEAN VIRGINIA 22102 .~905
TELEPHONE (703) 734 4334
FAX (703) 734 4340
25:=5 DOMINION TOWER
999 WATERSIDE DRIVE
NORFOLK VIRGINIA ~.3510 3300
TE'LEPHONE (75,7) 6;~7 5,5,00
FAX (75,7) ~27 5,200
FILE NO
16101.001
12171
December 11, 1997
The Honorable Meyera Oberndorf, Mayor
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Encroachment Application of Boney Wilson & Sons, Inc.
(Hannaford)
Dear Madam Mayor:
I want to thank you and the Council for your support of the recent encroachment
application filed by Boney Wilson & Sons for two directional signs on Republic Road. In
thanking the Council, I wanted to ask if you would ask the C_.j.ty Clerk to include this letter as part
of the record in this case inasmuch as I feel the circumstances leading to Council's approval of
this particular application are completely unique and limited to the peculiar facts which lead to
this application.
The facts underlying this application which will distinguish it from any others
who might feel so compelled to file a similar application are as follows:
1. Hannaford had participated with the City in opening a new development
corridor that was previously undeveloped.
2. Hannaford had contributed over $700,000.00 toward the cost of
constructing a new road for this new corridor.
3. The signs were necessary to direct the motoring public to the new road and
eliminate congestion at the intersection of First Colonial and Laskin Road.
4. Hannaford volunteered to eliminate the freestanding sign at its grocery
store on Republic Road as a condition to the existence of the two directional signs in the
application.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
Requested by Department of Publmc Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY OF REPUBLIC
ROAD BY BONEY WILSON AND
SONS, INC., THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Boney Wilson and Sons, Inc. desmres to construct
and maintain two monument directional signs into the Cmty's right-
of-way located on Republmc Road.
WHEREAS, City Council as authorized pursuant to §~ 15.1-
316 and 15.1-893, Code of Vmrginia, 1950, as amended, to authorize
temporary encroachments upon the City's right-of-way subject to
such terms and condmtions as Councml may prescrmbe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authormty and to the extent thereof
contained an §~ 15.1-316 and 15.1-893, Code of Virginia, 1950, as
amended, Boney Wilson and Sons, Inc., their heirs, assigns and
successors in title is authorized to construct and mamntain
temporary encroachments for two monument dmrectlonal signs an the
Cmty's right-of-way as shown on the maps entItled: "Exhibit A" and
~Exhmbit B" copmes of which are on file an the Department of Publmc
Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, condmtions and criterma
contained mn the Agreement between the Cmty of Virginma Beach and
Boney Wilson and Sons, Inc., (the "Agreement") which m.s attached
hereto and mncorporated by reference; and
BE IT FURTHER ORDAINED that the Cmty Manager or his
authormzed designee as hereby authormzed to execute the .Agreement.
35
36
37
38
39
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Boney Wilson and Sons, Inc. and the
City Manager or his authorized deszgnee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virgznia, on the 9 day of December , 1997
40
41
42
43
CA-#
pde] esu/encroach/Boney Wilson
R-1
PREPARED: 10/31/97
R~OVED AS TO CONTENTS
DEP~~T
APPROVED AS TO LEGAL
S~/FFICIENCY AND FDRM
,/
0
00o
0
0
PROPOSED HAN
SHOPPING
·
,¢
mmmm ~
LOCATION
HANNAFORD
AT HILLTOP
ENCROACHMENT INTO
AND REPUBLIC
SCALE: 1"
MAP FOR
BROTHERS
LASKIN RD.
RD.
-- 300'
PREPARED BY P/W ENG. DRAFT. 12/04/96
THIS AGREEMENT, made as of the 22nd day of October, 1996, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part,
Grantee for purposes of indexing, and BONEY WILSON AND SONS, INC., a North Carolina
corporation, its assigns and successors in title, party of the second part, Grantor for purposes of
indexing.
WITNESSETH
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain two (2) monument signs (each a "Sign" and together the "Signs") in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such Signs it is necessary that the
said party of the second part encroach into portions of an existing City right-of-way known as
Republic Road; and said party of the second part has requested that the party of the first part
grant temporary encroachments to facilitate such construction and maintenance of the Signs
within portions of the City's right-of-way of Republic Road.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the party of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby
acknowledged, the party of the first part doth grant to the party of the second part temporary
encroachments to use portions of the City's reconfigured right-of-way of Republic Road for the
purpose of constructing and maintaining such Signs.
Document Prepared by:
Mays & Valentine, L.L.P.
4425 Corporation Lane, Suite 420
Virginia Beach, VA 23462
It is expressly understood and agreed that such temporary encroachments will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, the City of Virginia Beach Public Works Department's specifications
and approval as to size, alignment and location, and in accordance with the exhibits referenced
below:
(a) An area of encroachment into a portion of the City's right-of-
way of Republic Road adjacent to the City's right-of-way known
as Laskin Road as shown on EXHIBIT "A" attached hereto and to
which reference is made for a more particular description.
(b) An area of encroachment into a portion of the City's right-of'-
way of Republic Road adjacent to the City's right-of-way of First
Colonial Road, as shown on EXHIBIT "B" attached hereto and to
which reference is made for a more particular description.
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice is given, such temporary
encroachment shall be removed from the City's right-of-way of Republic Road by the party of
the second part; and that the party of the second part shall bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the party of the second part shall
indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including reasonable attorney's fees in case it
shall be necessary to file or defend an action arising out of the location or existence of such
temporary encroachments.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge such permission and authority to permit the maintenance or construction
-2-
of any encroachment other than those specified herein and to the limited extent specified herein,
nor to permit the maintenance and construction of any encroachment by anyone other than the
party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the party of the second part
must submit and have approved a traffic control plan if commencing work in the City's right-of-
way.
It is further expressly understood and agreed that the party of the second part shall
make no open cut of a public roadway unless the plan is approved by the City Manager or his
designee and the City Engineer.
It is further expressly understood and agreed that the party of the second part must
obtain a permit from the Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that prior to issuance of a Highway
permit, the party of the second part must post a Performance Bond. The party of the second part
also must show proof of public liability insurance of a minimum of Five Hundred Thousand
Dollars ($500,000.00).
It is further expressly understood and agreed that the encroaching Signs shall each
not exceed two (2) faces; shall not exceed ten (1 O) feet above the natural grade at the curb; and
shall be designed substantially as shown on the drawing entitled "Hannaford Virginia Beach,
Va.," Drawing No. M391596, dated October 16, 1996 and attached hereto as EXHIBIT "C", and
-3-
"Hannaford Virginia Beach, Va." Drawing No. M391696, dated October 16, 1996 and attached
hereto as EXHIBIT "D".
It is further expressly understood and agreed that the party of the second part shall
submit for review and approval, a survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the encroachment, if required by the City
Engineer's Office.
It is further expressly understood and agreed that the encroaching Signs shall be
landscaped respectively in accordance with the drawings entitled "Landscape Plan Hannaford
Identification Sign, First Colonial and Republic Road Entrance" dated October 15, 1996, and
attached hereto as EXHIBIT "E" and "Landscape Plan Hannaford Identification Sign, Laskin and
Republic Road Entrance" dated October 15, 1996, and attached hereto as EXHIBIT "F".
It is further expressly understood and agreed that the party of the first part, upon
revocation of such authority and permission so granted, may (1) remove any such encroachment
and charge the cost thereof to the party of the second part, and collect the cost in any manner
provided by law for the collection of local or state taxes; or (2) require the party of the second
part to remove such temporary encroachment; and pending such removal, the party of the first
part may charge the party of the second part compensation for the use of such portion of the
City's right-of-way encroached upon the equivalent of what would be the real property tax upon
the land so occupied if it were owned by the party of the second part; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City shall impose a
penalty in the sum of One Hundred dollars ($100.00) per day for each and every day that such
encroachment is allowed to continue thereafter, and shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
-4-
IN WITNESS WHEREOF, the said party of the second part has caused this
Agreement to be executed in its corporate name and on its behalf by its authorized officer(s),
with due authority by its board of directors. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
(THIS PAGE INTENTIONALLY LEFT BLANK}
SIGNATURE PAGES TO FOLLOW
APPROVED AS TO
LEGP L SUFFICIENCY
-5-
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ., a Notary Public in and fbr the City and
State aforesaid, do hereby certify that ., CITY MANAGER/
AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the
foregoing Agreement bearing date on the day of ., 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this~ day of ,19
Notary Public
My Commission Expires:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the~
day of
aforesaid.
, 19 , has acknowledged the same before me in my City and State
GIVEN under my hand this ~ day of
,19
My Commission Expires:
8903(v2)
Notary Public
-6-
SIGNATURE PAGE
(seal) ATTEST:
STATE OF ~1 ~.
CITY/COUNTY
BONEY WILSON AND SONS, INC, a
North Carolina corporation
Its.
By'
Its:
I, ~t~f J~,'e C, I~(> II , a Notary Public in and for the City and State
aforesaid, do hereby certify that ~.r F)I ~ g ~ ~ J~sh, t e of Boney Wilson and Sons, Inc,
a North Carolina co~oration, whose name is signed to the foregoing Agreement beating
date on the b b ct ~ day of C)( t 0 ~ e v~ , 1996, has ac~owledged the same before
me in my City/County and State aforesaid on behalf of said co~oration
GI~N under my hand and seal this ~A~ ~day of [~( k~ ))~ r, 1996
My Co~ssion Expires: V, ~ [~" e ~' ~P / ~
CITY/CO~Y OF ~', ~.-~2 ~ o g j~ ~, to-wit
I, f , a Nota Public inand for the City and Stato
fforesaid, db hereby ~eni~ that Lb ~ ~ v ~, PJc)h ~ i,~ of Boney Wilson and Sons, Inc.,
a No~h Carolina eo~oration, whose na~eis signed to the foregoing Agreement beating
date on the ~3 ,~ ~ day of ~[ ~ ~ ~ r~ , 1996, has ae~owledged the same before
me in my CiW/County and State a~0resaid on behalf of said eo~oration.
GI~N under my hand and seal t~s)3n 4 day of ff~ [ 6bfl~ 1996.
My Co~ssion Expires: ~ ( ~ , ~ ( · ~ [ /
7~1S.
f~'..A.T ),~ I
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EXHIBIT "E"
LANDSCAPE PLAN
HANNAFORD IDENTIFICATION SIGN
FIRST COLONIAL AND REPUBLIC ROAD
OATE: OCTOBER ~5. ~996
ENTRANCE
FIRST COLONIAL ROAD
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EXHIBIT "F"
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LANDSCAPE PLAN
HANNAFORD IDENTIFICATION SIGN
LASK]:N AND REPUBLIC ROAD ENTRANCE
DATE: OCTOBER .1.5, 1996
REPUBLIC ROAD
SIGN
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PROd: 95t0 i
DNG: EXH6
- 32 -
Item VI-J. 6.
ORDINANCES
ITEM # 42961
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Jones, City Counctl ADOPTED:
Ltcense Refunds tn the amount of $4,907. 78.
Vottng 11-0 (By ConsenO
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, Wdham W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr. and Loutsa M. Strayhorn
Councd Members Voting Nay
None
Counctl Members Absent.
None
December 9, 1997
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
Azalea Acquisition Corporation
P O Box 749
Norfolk VA 23501
Cruz, Cr~stobal
908 Ketch Court
Chesapeake VA 23320
Davis, Douglas Wayne
1132 W~venhoe Way
Va Beach VA 23454
1996 Audit 360 81
1996-97 Audit 40 00
1995-96 Audit 100 00
360 81
40 O0
1 O0 O0
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $500.81
of the C~ty of V~rg~n~a Beach on the t~tnth
Cerhhed as to Payment
~oner of the Revenue
Approved as to form
C~ty Attorney
were approved by the Council
day of December'
,19
97
Ruth Hodges Smith
C~ty Clerk
FORM NO C A ! REV 3
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for hcense refunds, upon cert~hcation
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE
YEAR PAID
PENALTY INTEREST
TOTAL
F~tzgerald, Fenton Lydall
38 Bonney Lane
Hampton VA 23669
Northstar Entertainment Group
1000 Centerwlle Turnpike SHB415
Va Beach VA 23463
1994-96 Audit
1996 Audit
95 6O
3,733 38
95 60
3,733 38
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $3,828.98
of the C~ty of V~rg~n~a Beach on the Ninth
Cerhfied as to Payment
'Y~O~m~,sPs,~ho;~e Revenue
Approved as to form
C~ty Attorney
were approved by the Council
day of December
,19~7
Ruth Hodges Smith
C~ty Clerk
- 33 -
Item VI-K.
PUBLIC HEARING
ITEM # 42962
PLANNING
Mayor Meyera E Oberndorf DECLARED a PUBLIC HEARING on
PLANNING
1. BPP DEVELOPERS, INC.
STREET CLOSURE
2. LIFENET, dfo/a LIFENET TRANSPLANT
SER VICES, INC.
STREET CLOSURE
3. BUDDHIST ASSOCIATION OF HAMPTON ROADS
CONDITIONAL USE PERMIT
4. GA YLE E. JR. AND JA CQ UELINE R O UNTREE
T/A HOLLY RIDGE MANOR
CONDITIONAL USE PERMIT
5. TIARA PROPERTIES, INC.
CONDITIONAL USE PERMIT
6. RENNIE PETROLEUM CORPORA TION
CONDITIONAL USE PERMIT
7. PA CE CONSTRUCTION DEVELOPMENT CORP.
CHANGE OF ZONING
December 9, 1997
- 34 -
Item VI-K.
PUBLIC HEARING
ITEM # 42963
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl APPROVED in one
motion Items 1, 2, 3, 5, 6, and 7* of the PLANNING BY CONSENT
Items 1 and 2 were AUTHORIZED FOR FINAL APPROVAL
Item 7 was ALLOWED TO BE WITHDRAWN.
Voting: 11- 0
Counctl Members Vottng Aye:
John A. Baum, Ltnwood 0 Branch, III, Wilham IV. Harrtson, Jr,
HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn
Counctl Members Voting Nay'
None
Council Members Absent
None
December 9, 1997
- 35 -
Item VI-K. 1.
PUBLIC HEARING
ITEM # 42964
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Council AUTHORIZED FINAL
APPROVAL of an Ordtnance upon Application of BPP DEVELOPERS, INC., a Vtrgtnta Corporatton for
the &sconttnuance, closure and abandonment of Lynnhaven Drive
Petitton of BPP Developers, Inc., a Virgima Corporatton for the
disconttnuance, closure and abandonment of Lynnhaven Drive
begtnntng at a point 151 6feet east of Vtsta Drtve and runntng tn
an easterly directton a &stance of l l 5 feet. Said parcel ts vartable
tn wtdth and contains 3239 square feet L YNNHA VEN BOROUGH
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye'
John A Baum, Ltnwood O. Branch, III, Wtlliam W Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor Wdham D Sessoms, Jr and Louisa M Strayhorn
Council Members Vottng Nay
None
Councd Members Absent'
None
December 9, 1997
ORDINANCE NO.:
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF LYNNHAVEN DRIVE AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "RESUBDIVISION OF LOTS 1 & 6, BLOCK
9, PLAT OF LYNNHAVEN SHORES AND CLOSED PORTION OF
LYNNHAVEN DRIVE, MAP BOOK 7, PAGE 167" DATED DECEMBER
6, 1996, ATI'ACHED HERETO AND MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been given by BPP
Developers, Inc., a Virginia corporation, that it would apply to the Council of the City of
Virginia Beach, Virginia, on April 23, 1996, to have the hereinafter described portion of a
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that a portion of such street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described portion of a street be discontinued, closed, and vacated:
ALL THAT tract, piece or parcel of land situate in the City of Virginia Beach,
Commonwealth of Virginia, being described as follows: Commencing at a
point at the intersection of the easterly bounds of Vista Circle (50') (Map
Book 7, page 167) and the northerly bounds of Lynnhaven Drive (Var.)
(formerly Lynnhaven Avenue, Map Book 7, page 167)); thence N 84°12'00''
E, along the northerly bounds of Lynnhaven Drive, 246.43' to the point of
beginning; thence N 84°12'00"E, along the northerly bounds of Lynnhaven
Drive, said line also being the southerly bounds of Lot 6, Block 9, Lynnhaven
Shores (Map Book 7, Page 167), 90.00' to a point of curvature; thence
continuing along the same bounds on a curve to the left having a radius of
25.00', an arch length of 39.27', to a point in the westerly bounds of
Lynnhaven Condominium (Map Book 139, page 49); thence S 05°48'00"E,
52.00' to a point; thence on S 84°12'00"W, 115.00' to a point; thence N
05°48'00"W, 27.00' to the point of beginning containing 0.074 acres (3239
sq.ft.) of land.
SECTION II
A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of
the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
ADOPTED by the City Council of the City of Virginia Beach, Virginia, this 9 th day
of December , 1997.
GPIN NO. 1498-88-9518
Prepared by:
Jones, Russotto & Walker, P.C.
Virginia Beach, rA ..........
x. LEGAL SUFFIC:;:,',;:~.¥
.~_~. :.-:.'~. ., q
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.!
BPP Developers, Inc., a VA Corp.
Clsour~ of portion of Lynnhaven Drfve
L~nnhaven BorouDh
III
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e~O~ 46 O0"E~
~ ~'~ ~; got~
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- 36-
Item VI-K 2.
PUBLIC HEARING
ITEM # 42965
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Councilman Jones, Ctty Council AUTHORIZED FINAL
APPROVAL of an Or&nance upon Apphcatton of LIFENET, d/b/a LIFENET TRANSPLANT
SERVICES, for the dt$continuance, closure and abandonment ora portton of Baker Road
Petition of LifeNet, d/b/a/LtfeNet Transplant Services, for the
disconttnuance, closure and abandonment of a portion of Baker
Road beginmng at the southwest corner of Baker Road and Ward
Court and runmng tn a southerly chrectton a &stance of 357 65
feet Satd property contatns 5294 4 square feet BAYSIDE
BOROUGH
Vottng 11-0 (By ConsenO
Counctl Members Voting Aye
John ,,1 Baum, Ltnwood O. Branch, III, Wdham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba $.
McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent
None
December 9, 1997
ORDINANCE NO.
IN THE MATTER OF DISCONTINUING, CLOSURE AND
ABANDONMENT OF A PORTION OF THAT CERTAIN
STREET KNOWN AS BAKER ROAD NEAR THE
INTERSECTION OF WARD COURT, LOCATED IN THE
BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, AS SHOWN ON THAT CERTAIN EXHIBIT
ENTITLED "PLAT OF RESUBDIVISION OF PARCEL A-A, D.B.
2896, PG. 1863 M.B. 196, PG. 42 AND SHOWING PARTIAL
RIGHT-OF-WAY CLOSURE AND RIGHT-OF-WAY AND
DRAINAGE EASEMENT DEDICATIONS TO THE CITY OF
VIRGINIA BEACH, VIRGINIA FOR LIFENET" DATED JULY
11, 1997, REVISED NOVEMBER 14, 1997, PREPARED BY
PRECISION MEASUREMENTS, INC., RECORDED IN THE
CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINIA BEACH IN MAP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper notice has been given by LifeNet
d/b/a LifeNet Transplant Services that it would make application to the Council of the City of
Virginia Beach, Virginia, on April 1, 1997, to have a portion of the hereinafter described street
discontinued, closed, and abandoned; and
WHEREAS, on June 24, 1997, the Council gave preliminary approval to the street
closure subject to certain conditions imposed by the Council, and
WHEREAS, it is the judgment of the Council that such conditions have been
satisfied and that such portion of said street be discontinued, closed, and abandoned;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed, and abandoned:
That portion of Baker Road lying in the City of Virginia Beach,
Virginia, which is cross-hatched and described by the legend
"Denotes Area of Proposed Right-of-Way Closure" as shown on that
certain plat entitled "PLAT OF RESUBDIVISION OF PARCEL A-
A, D.B. 2896, PG. 1863 M B 196, PG 42 AND SHOWING
PARTIAL RIGHT-OF-WAY CLOSURE AND RIGHT-OF-WAY
AND DRAINAGE EASEMENT DEDICATIONS TO THE CITY
OF VIRGINIA BEACH, VIRGINIA FOR LIFENET" DATED
JULY 11, 1997, REVISED NOVEMBER 14, 1997, PREPARED
BY PRECISION MEASUREMENTS, INC , RECORDED IN TIt[
CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF
VIRGINIA BEACH IN MAP BOOK AT PAGE
GPIN: 1459-91-8976
SECTION II
A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of
the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor.
Adopted by the Council of the City of Virginia Beach, Virginia on the 9 day of
December ,1997.
60085025
ord
GPIN: 1459-91-8976
R/W)
(~o'
~D TO ~
'ACH ~ ~
NEW
~ 0~2~ 31 E
-37-
Item VI-K. $.
PUBLIC HEARING
ITEM # 42966
PLANNING
Upon motton by Vice Mayor Sessoms, seconded by Councilman Jones, City Counctl ADOPTED an
Ordtnance upon apphcatton of B UDDHISTASSOCIA TION OF HAMPTON ROADS Jbr a Con&ttonal
Use Permtt.
ORDINANCE UPON APPLICATION OF BUDDHIST
ASSOCIATION OF HAMPTON ROADS FOR A CONDITIONAL
USE PERMIT FOR A CHURCH RO12972154
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Buddhtst Assoctatton of Hampton
Roads for a Con&tfonal Use Permtt for a church on the south stde
of Bonney Road, east of Kenley Road Satd parcel ts located at
4915 Bonney Road and contatns 2 44 acres KEMPSVILLE
BOROUGH
The following conchttons shall be reqmred
The site shall be developed tn substanttal conformance
wtth the prehmtnary site plan and landscape plan for
Phuoc-Son Pagoda dated October 1, 1997 and on file
with the Planmng Department, except that.
All setbacks shall be measured from the ultimate right-
of-way hne for Bonney Road, approxtmately etght feet
tnstde the extsttng property hne, and street frontage
landscaping shall be tnstalIed behtnd the ulttmate rtght-
of-way line
Mtnor adjustments shah be made tn butl&ng
footprtnts/locations and parking lot layout as necessary
to maximtze preservatton of extsttng large trees.
Existing trees of 20" cahper or greater that are not
wtthtn ten feet of a butldtng footprtnt or paved parktng
lot area shall be preserved A tree protectton plan shall
be submttted prtor to final stte plan approval
Further adjustments to the street frontage landscape
layout may be required at final stte plan revtew, to
preserve necessary stght &stance at the driveway
entrance
The temple to be constructed on the property shall be
substanttaIly stmtlar tn destgn, colors, and materials to
those deptcted tn the submttted photographs, dated May
12, 1992, and on file wtth the Planning Department
Plans for the Monks' restdence and pavihon shall be
submttted for revtew by the Planntng Dtrector or his
designee prior to final site plan approval, to ensure that
the destgn ts complementary to and ora quahty that is
conststent wtth that of the future temple structure
3 There shall be no outdoor sound eqmpment in
conjunctton wtth the temple use.
December 9, 1997
- 38-
Item VI-K. 3.
PUBLIC HEARING
ITEM # 42966 (Continued)
PLANNING
This con&tional use permit may not be tmplemented
untd such ame as the Cay Council has approved the
rezonmg of the A-24 zoned portton of the stte,
ehmmating the ex~stmg proffered con&twns calhng for
the development of a lodge for the Dtsabled Veterans of
America
5 Ltghting on the stte shall be &rected tnward
This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zoning Or&nance
Adopted by the Council of the Ctty of Vtrgima Beach, Vtrgtma, on the Ntnth Of December Ntneteen Hundred
and Ntne~. -Seven
Voting 11-0 (By ConsenO
Councd Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, Wilham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce
Mayor Wdliam D Sessoms, Jr and Loutsa M Strayhorn
Councd Members Voting Nay
None
Councd Members Absent
None
December 9, 1997
- 39-
Item VI-K. 4.
PUBLIC HEARING
ITEM # 42967
PLANNING
Kent Mote, 2089 In&an Rtver Road, Phone. 721-2440, represented the apphcant
Upon motion by Councd Lady McClanan, seconded by Vice Mayor Sessoms, Ctty Councd ADOPTED
Ordinance upon applicaaon of GAYLE E. JR. & JACQUELINE ROUNTREE, T/A HOLLY RIDGE
MANOR for a Condttional Use Permtt.
ORDINANCE UPON APPLICATION OF GAYLE E. JR &
JACQUEL1NE ROUNTREE, T/A HOLL Y RIDGE MANOR FOR A
CONDITIONAL USE PERMIT FOR A COMMERCIAL PET
KENNEL R012972155
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gayle E. Jr. & Jacquehne
Rountree, T/A Holly Ridge Manor for a Condtttonal Use Permtt for
a Commerctal Pet Kennel on the south stde of Seaboard Road and
west of Prtncess Anne Road Satd parcel ts located at 2997
Seaboard Road and contatns 60 acres. PRINCESS ANNE
BOROUGH.
The following conchtions shall be required
The property shah be developed in accordance wtth the
submitted stte plan presented to the Planntng
Commtsston and City Councd and on file in the Planntng
Department
2 The apphcatton shall be reviewed by the Planmng
Department wtthm two years
This Or&nance shall be effective in accordance with Section 107 09 of the Zoning Or&nance
Adopted by the Councd of the Ctty of Vtrgima Beach, Virgtma, on the Ntnth of December Ntneteen Hundred
and Nine~. -$even
Votmg' 11-0
Councd Members Voting Aye:
John A Baum, Ltnwood 0 Branch, III, Wilham W Harrison, Jr,
HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D. Sessoms, Jr and Lomsa M Strayhorn
Councd Members Voting Nay
None
Councd Members Absent
None
December 9, 1997
- 40-
Item VI-K. 5.
PUBLIC HEARING
ITEM # 42968
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED an
Ordtnance upon application of TIARA PROPERTIES, INC. for a Conchttonal Use Permtt
ORDINANCE UPON APPLICATION OF TIARA PROPERTIES,
INC FOR A CONDITIONAL USE PERMIT FOR GASOLINE
SALES IN CONJUNCTION WITH A CONVENIENCE STORE
R012972156
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon applicatton of Ttara Properttes, Inc., for a
Conditional Use Permtt for gasoline sales tn conjunction wtth a
convenience store at the southeast corner of General Booth
Boulevard and South Btrdneck Road. Satd property is located at
900 General Booth Boulevard and contains 33,541 square feet
PRINCESS ANNE BOROUGH.
The following con&ttons shall be reqmred.
The stte shall be developed tn accordance with the stte
plan dated October 23, 1997, prepared by Land Destgn
and Development, Inc , except that
The access point on South Birdneck Road nearest to the
tntersectton wtth General Booth Boulevard shah be
closed The rematning access point on South Btrdneck
Road may be wtdened to 40'
b. A right turn lane shall be provtded on South Btrdneck
Road, wtthin extsttng rtght-of-way
The locatton of the proposed freestan&ng stgn may be
altered to provtde for better vtstbthty tn conjunctton with
the approved landscape plan.
Landscaptng on the stte shah conform wtth the
Landscape Plan prepared by Kathleen Zeren, dated
October 24, 1997. However, the positton and spacing of
the trees deptcted in the Southwest corner of the site
adjacent to the proposed freestandtng sign may be
revtsed to provtde for better stgn vtstbthty
The street frontage landscape design deptcted along
South Birdneck Road shall be conttnued along that
portton of the lot frontage where an existtng access potnt
ts to be closed, providtng addittonal trees and shrubs of
the same stze, type and spactng as those deptcted on the
submitted plan
Design, materials and colors of the buil&ng, canopy,
and stgnage shah conform with the plans and elevattons
dated October 29, 1997, entttled Crown Central
Petroleum Corporatton, wtth the modtfied false mansard
roof depicted on the mounted colored elevatton entttled
PROPOSED ELEVATION SHOWING MODIFIED
ROOFLINE FOR NEW FAST FARE CONVENIENCE
STORE GENERAL BOOTH BOULEVARD A T SOUTH
BIRDNECK
December 9, 1997
- 41 -
Item VI-K. $.
PUBLIC HEARING
ITEM # 42968 (Continued)
PLANNING
.
The freestan&ng stgn shall be constructed tn accordance
wtth the submttted destgn for a monument-style stgn,
rather than the pylon style stgn, and shall tnclude a red
brtck base to match the butldmg and canopy columns.
Thts Ordtnance shall be effecttve in accordance wtth Section 107 09 of the Zontng Or&nance
Adopted by the Counctl of the City of Vtrgima Beach, Vtrgtma, on the Ntnth of December Ntnetcen Hundred
and Nine.tv-Seven
Vottng I 1-0 (By ConsenO
Councd Members Vottng Aye:
John A Baum, Ltnwood O. Branch, III, Wtlliam W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce
Mayor Wdham D Sessoms, Jr and Loutsa M. Strayhorn
Council Members Vottng Nay.
None
Counctl Members Absent.
None
December 9, 1997
- 42 -
Item VI-K. 6.
PUBLIC HEARING
PLANNING
ITEM # 42969
Upon motton by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of RENNIE PETROLEUM CORPORATION for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF RENNIE PETROLEUM
CORPORATION FOR A CONDITIONAL USE PERMIT
R012972157
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Rennie Petroleum Corporation for
a Condtttonal Use Permit for a gasohnepumps tn conJunction wtth
a conventence store at the southeast tntersectton of Vtrgtnta Beach
Boulevard and North Plaza Tratl Satd parcel ts located at 3397
Vtrgtnta Beach Boulevard and contatns 30,099 9 square feet
L YNNHA VEN BOROUGH
The followtng conditions shall be required
Development and landscaptng of the stte shall
substanttally conform wtth the site and landscape plans
entttled "Preltminary Plan and Phystcal Survey of
Canopy, Islands, and Conventence Store-Rennte
Petroleum Corporatton", dated September 11, 1997,
both of whtch are on file wtth the Planning Department
However, the followtng revistons shall be incorporated'
Only one 40-foot entrance, 65feet from the tntersectton
wtth North Plaza Trad, wdl be permitted on the Vtrgtnta
Beach Boulevard frontage
The westernmost parlang space chrectly south of the
convemence store structure, along wtth etght feet of the
drtve area between the two southernmost parlang areas,
shall be replaced wtth a I7-foot planting island,
landscaped wtth a tree, and
The convenience store budding shall be moved north to
allow for a seven foot planttng bed on the south side
Evergreen landscapmg, whtch will achteve a hetght of at
least eight feet, shall be tnstalled tn this planting bed
The archttectural destgn, matertals, and colors shall
conform to the butl&ng elevattons entitled, "Rennie's
Conventence Store Buildtng Elevations", last revtsed
August 20, 1997, and tncorporate revtstons noted in
"Rennie 's- Vtrgtnia Beach Boulevard, Revtsed
Colors/Matertals, 9/23/94" as well as the submttted
rendering, all of whtch are on file wtth the Planning
Department
The existing, conformtng freestandtng stgn may be used
at tts current hetght tf no base ts added to the sign If the
apphcant chooses to tnstall a base, the stgn must be no
taller than etght feet, and the base must be constructed
of spht-face matertal matchtng that at the base of the
conventence store
December 9, 1997
- 43 -
Item VI-K. 6.
PUBLIC HEARING
PLANNING
ITEM # 42969 (Continued)
Vottng 11-0 (By ConsenO
Council Members Vottng Aye:
John A Baum, Ltnwood 0 Branch, III, Wtlham Vt'. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce
Mayor Wtlham D Sessoms, Jr. and Louisa M Strayhorn
Counctl Members Vottng Nay.
None
Counctl Members Absent'
None
December 9, 1997
- 44 -
Item VI-K. 7.
PUBLIC HEARING
PLANNING
ITEM # 42970
Upon motion by Vice Mayor Sessoms, seconded by Councdman Jones, Ctty Council ALLOWED
WITHDRAWAL of an Ordinance upon apphcatton of PACE CONSTRUCTION DEVELOPMENT
CORPORA TION for a Change of Zoning Dtstrtct Classificatton
ORDINANCE UPONAPPLICA TION OF PA CE CONSTRUCTION
DEVELOPMENT CORP, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM 0-2 TO CONDITIONAL
A-12
Ordtnance upon apphcation of Pace Constructton Development
Corp, for a Change of Zoning Dtstrtct Class~catton from 0-2
Oj~ce District to Conditional A-12 Apartment District on certain
property located at the northwest corner of Ferrelll Parkway and
General Booth Boulevard The proposed zontng classtficatton
change to Condittonal A-12 ts for multt-famtly land use at a
denstty no greater than 12 dwelhng untts per acre The
Comprehenstve Plan recommends use of thts parcel for office use
in accordance wtth other Plan pohcies Satd parcel contatns 6
acres more or less PRINCESS ANNE BOROUGH
Votmg. 11-0 (By ConsenO
Councd Members Vottng Aye
John A Baum, Ltnwood 0 Branch, III, Wdham W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlltam D Sessoms, Jr and Loutsa M. Strayhorn
Council Members Voting Nay'
None
Counctl Members Absent
None
2860
December 9, 1997
- 45 -
Item VI-L. 1.
APPOINTMENTS
ITEM # 42971
Upon NOMINATION by Vice Mayor Sessoms, City Councd
APPOINTED
John Napolitano
3-Year Term
1/1/98 - 12/31/2000
AND, REAPPOINTED:
Carl W. Fisher
3-Year Term
1/1/98 - 12/31/2000
CHESAPEAI~ BAY PRESER VA TION BOARD (CBPA)
Vottng: 11-0
Councd Members Vottng Aye
John A Baum, Linwood 0 Branch, III, Wdham W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wdham D Sessoms, Jr. and Loutsa M Strayhorn
Councd Members Vottng Nay'
None
Councd Members Absent
None
December 9, 1997
- 46-
Item VI-L2.
APPOINTMENTS
ITEM # 42972
Upon NOMINATION by V~ce Mayor Sessoms, Ctty Counctl REAPPOINTED:
Michael Dean Broudy
Frank Buck
Forrest May Sullivan
3-Year Term
1/1/98 - 12/31/2000
COMMUNITY SER VICES BOARD
Voting 11-0
Council Members Vottng Aye
John A Baum, Linwood O. Branch, III, Wilham IV.. Harrison, Jr,
Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce
Mayor Willtam D Sessoms, Jr. and Louisa M. Strayhorn
Councd Members Voting Nay:
None
Counctl Members Absent.
None
December 9, 1997
-47-
Item VI-L.3.
APPOINTMENTS
ITEM # 429 73
Upon NOMINATION by Vtce Mayor Sessoms, City Council REAPPOINTED:
Jacob V. Aftel
Gall A. Ball
Christopher Edward Caton
Johnnie L. Miller
3-Year Term
1/1/98 - 12/31/2000
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Vottng' 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce
Mayor William D Sessoms, Jr and Lomsa M Strayhorn
Councd Members Voting Nay'
None
Council Members Absent.
None
December 9, 1997
- 48-
Item VI-L.4.
APPOINTMENTS
ITEM # 42974
Upon NOMINATION by Vice Mayor Sessoms, City Councd APPOINTED:
Shepard (Shep) H. C. Davis
Unexpired term thru 12/31/98
PENDLETON CHILD SERVICE MANAGEMENT BOARD
Vottng. 11-0
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Wtlliam W. Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlliam D Sessoms, Jr and Louisa M Strayhorn
Councd Members Voting Nay
None
Council Members Absent.
None
December 9, 1997
- 49-
Item VI-L. 5.
APPOINTMENTS
ITEM # 42975
BY CONSENSUS, City Councd RESCHEDULED the following APPOINTMENTS:
PLANNING COMMISSION
December 9, 1997
- 50-
Item VI-L. 6.
APPOINTMENTS
ITEM # 429 76
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED'
William D. Almond
3-Year Term
1/1/98 - 12/31/2000
RES OR T AREA AD VISOR Y COMMISSION (RAA C)
Voting: 11-0
Council Members Voting Aye'
John A Baum, Ltnwood 0 Branch, IIL Wtlliam W. Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce
Mayor Wtlliam D. Sessoms, Jr and Loutsa M. Strayhorn
Counctl Members Voting Nay.
None
Counctl Members Absent
None
December 9, 1997
- 51 -
Item VI-N. 1.
NE W BUSINESS
ITEM # 429 77
Councilman Harrison sponsored the following to speak realttve the Harris Road Bike Path Expansion
John W Haver, 3305 Glen Eden Quay, Phone 463-9865, Prestdent- Middle Plantatton Ctvtc League Mr
Hayer dtstributed a package relattve Harrts Road Btke Path Improvements, whtch ts hereby made a part
of the record. Mr. Hayer requested funds be utthzed from the Hidden Pomt Subchvtston and also Ctty funds
necessary, whether thts be installtng stdewalk or putttng tn a larger road wtth a stdewaIk
Ned Rose, 1337 Harris Road, Phone, 463-3823, as hts particular area (beyond Mtddle Plantatton) does not
have a ClVlC league, mothers went door-to-door wtth a petttton in favor of extenchng the btkepath
The followtng spoke tn OPPOSITION:
Stephen C Young, 3305 Welwyn Muse, Phone, 463-3 763, resident of Middle Plantation and represented
home owners effected by the bikepath The residents cannot support "economtc robbery" and
"envtronmental assault ". If the btkepath extenston ts built with hmtted funds and opttons presented, the
saleabiHty of the homes effected wtll be dimtntshed. Over 400 trees wtll have to be removed Harrts Road
ts substandard
John Herzke, Czty Engineer, shall provtde Ctty Councd coptes of destgn alternattves
December 9, 1997
- 52 -
Item VI-N.2.
NE W BUSINESS
ITEM ii 42978
BY CONSENSUS, City Counctl ACCEPTED
ABSTRACT OF LEGAL CASES RESOLVED - NOVEMBER 1997
December 9, 1997
- 53 -
Item VI-O.
AD JO URNMENT
ITEM # 42979
Mayor Meyera E Oberndorf DECLARED the Ctty Council Meeting ADJOURNED at 4 32 P M
Chtef Deputy City Clerk
Wtlliam D Sessoms. Jr.
Vice Mayor
Ctty Clerk
Meyera E. Oberndorf
Mayor
City of Vtrgtnia Beach
Virginta
December 9, 1997
EXHIBIT "A"
CITY OF VIRGINIA BEACH
1998
GENERAL ASSEMBLY
LEGISLATIVE PACKAGE
DECEMBER 9, 1997
TABLE OF CONTENTS
Ie
The Legislative Agenda of the Hampton Roads Mayor & Chairs
Caucus as Endorsed by the Council of the City of Virginia Beach
II.
Partnership Between City Council of Virginia Beach and the
General Assembly Delegation
III.
Replacement of the Personal Property Tax
IV.
Unfunded Mandates or Mandates that are the Unintended
Consequence of Otherwise Well Meaning Legislation
V. Transportation Funding
VI. Funding for the Virginia Marine Science Museum
VII.
Funding for the Tidewater Community College/Virginia Beach
Public Schools Technical Center Adjacent to the Virginia Beach
Higher Education Center
VIII. Funding for Beach Replenishment Through the Public Beach Board
IX.
Funding for the Hurricane Protection Project
X. Funding for Maimenance of Rudee Inlet
XI. Full Funding the State Aid to Libraries
XII.
Funding for State Health Department
XIII. Medicaid Reimbursement for Health Care Givers
XIV. Zoning Board Appeal
XV. Chesapeake Bay Preservation Board
XVI. Accessory After the Fact
XVII. Photo Enforcement of Red Lights
I®
THE LEGISLATIVE AGENDA OF THE HAMPTON ROADS MAYORS AND
CHAIRS CAUCUS AS ENDORSED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH
1. TRANSPORTATION
The General Assembly should move expeditiously to embrace the significance of the
State's needs for transportation improvements as outlined in the Commission on Future
Transportation in Virginia (COFT) Report. VDOT projects that by FY 2001, maintenance
costs will exceed available funds in the Highway Maintenance and Operating Fund, and the
State Transportation Trust Fund will start being used for maintenance. The State also is urged
to continue to be proactive in having Congress adopt the principles in the STEP 21 Program,
but to keep in mind that none of the federal initiatives in this program will have a meaningful
impact on Virginia's funding shortfall.
2. HUMAN SERVICES DELIVERY
As exemplified by the 1993 Comprehensive Services Act (CSA), state trends in service
provision for troubled youth, the mentally ill, mentally retarded and substance abusers
emphasize community-based services as a more effective and less costly alternative to services
provided by state hospitals and mental health facilities. HJR 240 calls for further and
significant restructuring of the state system, which will result in increased demands for
community-based services. The General Assembly is urged to fully consider and respond to
the local impacts of legislation and policies that will create this demand. The demonstrated
cost of CSA indicates that the state has not funded these services at a level that reflects the full
mandated costs that must be accommodated in local budgets with local taxes. Budgeted
program costs should be based on realistic projections of case loads, whether or not federally
mandated. Funding must follow individuals discharged from state facilities to local facilities
which become responsible for services to those individuals. There should be no arbitrary
capping of the state's funding share or cost shifting to localities. "Bridge" funding and
transition programs should reflect increasing local responsibilities. Special funding should be
provided for extraordinary individual cases that would otherwise require additional local
funding. Local authority of Community Service Boards should be preserved. State hospitals
should continue to offer services that cannot be provided feasibly and cost-effectively by
jurisdictions or private providers.
3. LOCAL REVENUE PRESERVATION
The General Assembly is urged not to remove needed local taxing authority, such as the
Personal Property Tax, when local governments still have responsibility for education,
development and redevelopment costs and other infrastructure requirements. Full funding is
needed to implement educational Standards of Quality (SOQ), and an expanded state role in
funding school construction is needed.
4. TELECOMMUNICATIONS
The General Assembly is urged to retain local authority over local public Rights of Way
as well as compensation for the use of such Rights of Way by non-public entities. Further,
there should be a meaningful consultative process with VDOT on the matter of
communications towers in VDOT Rights of Way.
5. REGIONAL INCENTIVE FUND
The Regional Competitiveness Act recognizes that Virginia is not as competitive with
other states as it needs to be, and that local governments must be encouraged to work together
to maximize economic opportunity. The Incentive Fund called for in the Act is an appropriate
vehicle to carry out the goals of the Act and must be funded at $50 million annually to achieve
its stated purpose. This Incentive Fund should not compete with the Governor's Opportunity
Fund.
LEGISLATIVE ISSUES
II.
PARTNERSHIP BETWEEN CITY COUNCIL OF VIRGINIA BEACH AND THE
GENERAL ASSEMBLY DELEGATION
City Council believes that the best results for our citizens and taxpayers is achieved
through a collaborative partnership between state and local government. In that regard,
the Council requests that the General Assembly Delegation from Virginia Beach
consider impacts on the city of any legislation they plan to introduce. Council
understands it cannot control legislation to be introduced by the delegation; however,
legislation in the past has been introduced that has had serious effect on thc City for
which the council had no prior consultation or opportunity to comment. For instance,
the removal of tolls on Route 44 has meant the annual loss of $7 million in revenue
previously available to address shortcomings on the toll road. The city is now forced
to compete for very limited funds available in the region for needed improvements to
Route 44 which is the artery to Virginia Beach.
III.
REPLACEMENT OF THE PERSONAL PROPERTY TAX
Council is quite concerned over the eventual outcome of potentially repealing the
personal property_ tax. With pressing needs for higher education, K-12 education,
mental health funding requirements, health department funding, infrastructure
maintenance, and many other issues of basic services going under funded, the
Commonwealth is ill prepared to give up any existing revenues at either the local or
state level. City Council is also concerned about the General Assembly being able to
live uo to any promises to make up for loss of the personal property tax. Examples of
the General Assembly not keeping up their pledges would include House Bill 599
funding for State Aid to Local Law Enforcement. Also, our financial advisor, in a
written opinion, has indicated that the loss of one of the few revenue sources that the
city_ controls, i.e., the personal property tax, could very_ likely result in the lowering of
our credit rating. To put it in perspective more clearly, if the city were to do away
completely with the departments of Libraries, Fire, and Parks and Recreation, that
would barely match the amount of money lost by the city through the repeal of the
personal property tax. In fact, it would take a real property tax increase of
approximately $.39 on $100 to fully replace the amount the city would lose.
REQUEST
The General Assembly is requested, if it does repeal the personal property tax, to
match it on a dollar-~Q-dollat' basis from a guaranteed funding stream to the localities.
It is very important this be a guaranteed funding stream to address the concerns of our
bond rating agency and to hold the city harmless from a revenue perspective. This
would include incorporating some inflation factor into the dedicated funding stream.
The personal property tax is currently one of our fastest growing revenue soorc¢$.
UNFUNDED MANDATES OR MANDATES THAT ARE THE UNINTENDED
CONSEQUENCE OF OTHERWISE WELL MEANING LEGISLATION
Although the General Assembly has been exemplary in the recent years in not adopting
legislation that created mandates on local governments, there still have been the
unintended consequences of otherwise well meaning legislation that has produced
mandates on local government. The provision of 4,000 additional teachers statewide,
the significant reduction of class sizes, or teachers salaries could have significant
financial consequences for local governments. Although we appreciate the effort to
reduce class size, local government, including Virginia Beach would still be required to
pay the local share of the salaries of such additional teachers, and perhaps more
importantly be required to provide for new classrooms for such teachers. An average
cost of at least $100,000 per classroom is going to have a very substantial impact on
the city of Virginia Beach and all other localities since the state provides no funds for
capital construction.
Ve
TRANSPORTATION FUNDING
The transportation system in the Commonwealth is broken. In Virginia Beach traffic
congestion is growing, the ability of the city to meet that congestion is declining, and
the quality of life and the movement of people, goods, and services that a good
transportation system provides is decreasing at.a rapid pace. The bi-partisan study
commission on Virginia's transportation of future has identified a shortfall statewide of
between $2 and $3 billion per year over the next 20 years. In Hampton Roads the
shortfall exceeds $6 billion, and this does not include a number of high cost projects
such as the third crossing of Hampton Roads. Also, the Commonwealth Transportation
trust fund, which was established for road construction only will, in the year 2001, be
utilized to maintain our existing roads and bridges. The situation is not sustainable,
and if not addressed, will negatively impact our future well being and competitiveness.
REQUEST
Substantial increases to the transportation trust fund must be provided as quickly as
possible. This should include addressing the shortfall, and also providing for a method
to maintain our transportation system through the highway maintenance and operation
budget of the Virginia Department of Transportation so that revenue enhancements are
not needed with the attendant tough political choices required on such a regular basis
has been the case in the last 12 years.
The city also requests substantial state support for construction of the Southeastern
Parkway and Greenbelt from Route 44 to Interstate 64/I-464 in the city of Chesapeake.
This is the city's number one transportation priority and the construction of this facility
is vital for the city and the region to continue to be a global competitor.
VI.
~ING FOR THE VIRGINIA MARINE SCIENCE MUSEUM
The Virginia Marine Science Museum is a public/private facility owned and operated
by the City of Virginia Beach in partnership with the Virginia Marine Science Museum
Foundation. The museum opened in 1986, followed in June, 1996 by a major
expansion which tripled its size and included one of the country's first IMAX 3D
trteatres. Last year the museum had an attendance of almost 700,000, which made it by
far the most visited museum in Virginia and one of the top ten attended aquaria and
marine science museums in the United States. The museum earns enough revenue to
support about 80% of its operating costs, with the remainder coming from
contributions and the City of Virginia Beach.
The museum's mission is to increase the public's knowledge of Virginia's marine
environment. It is a learning laboratory of 122,000 sq ft of space, 800,000 gallons of
aquaria and over a hundred interactive exhibits. A trip through the museum takes the
visitor on a journey of water from the James River to the floor of the Atlantic Ocean
through a series of natural habitats which include live river otters, harbor seals,
shorebirds, sea turtles, sharks and the world's largest collection of mid-Atlantic fishes.
The museum served 80,000 students last year with its on-site programs and 39,900
more in outreach programs with its mobile Chesapeake Bay marine lab which travels to
school systems throughout the state. The museum also operates the Virginia Marine
Science Museum Stranding Team which responds to most marine mammals and sea
turtles stranded in Virginia waters, and which has become a primary research group for
migratory dolphins.
Tourism research conducted last year on Virginia Beach visitors by Old Dominion
University found that the museum was the most visited tourist attraction in Hampton
Roads, and that its visitors spend on average 1.31 nights longer and spent $383 more
per party than did other overnight guests. Additionally, the museum's whale watching
trips in January and February have created Virginia Beach's first winter tourist
industry. The FY96/97 museum revenues exceeded $6,000,000, on which the museum
paid $400,000 in direct state and local taxes. The museum is also estimated to have
generated over $4,000,000 in indirect taxes due to increased visitor stays and related
expenditures during this same period. On a quantifiable basis, the Virginia Marine
Science Museum has a larger impact on the economy of Virginia in terms of direct and
indirect taxes generated than the Chrysler Museum in Norfolk which receives a
substantially higher amount of funding support from the Commonwealth. The city
believes that the VMSM should be funded on a par with the Chrysler Museum.
REQUEST - $1,600,000 in Operating Funds for the 1998/2000 Biennial Budget.
The accomplishments of the Virginia Marine Science Museum stands as proof of the
fact that a facility such as this can be both an educational asset as well as a major
tourist attraction for Virginia Beach, Hampton Roads, and Virginia. It is a partner in
meeting state environmental education needs and increasing Virginia's popularity as a
national tourist destination. A major share of the funds requested will be used to
expand and extend the scope of the museum's educational and outreach programs,
particularly for under served school districts and disadvantaged individuals who, for
economic reasons, are unable to have access to the museum and its traveling programs.
Additional state funding can also strengthen marketing efforts outside of the state to
position the museum as a national tourist attraction, and help it to ultimately attain an
attendance goal of 1,000,000 visitors annually.
VII.
FUNDING FOR THE TIDEWATER COMMUNITY COLLEGE/VIRGINIA
BEACH PUBLIC SCHOOLS TECHNICAL CENTER ADJACENT TO THE
VIRGINIA BEACH HIGHER EDUCATION CENTER
The Virginia Beach City Schools and Tidewater Community College are proposing a
partnership to provide a joint high technology education center on the campus of
Tidewater Community College. This $23 million facility will allow the pooling of state
and local resources so that the value of the whole will exceed the sum of the parts.
This innovative concept will allow efficient joint use of shared space. The City
School's use will predominately be during the day, while Tidewater Community
College will use the facility during the later afternoon and evening. High-tech skills
for the Hampton Roads region are essential for the state's future economic well being.
REQUEST
The Commonwealth is requested to appropriate sufficient funds estimated at $10 to $12
million for the Tidewater Community College Center. This would pay for the state
share of the project expected to cost between $23 million and $25 million. The city has
already committed $13 million to this project.
FUNDING FOR BEACH REPLENISHMENT THROUGH THE PUBLIC BEACH
BOARD
The General Assembly is requested to fully fund the Public Beach Board so that
competitive grants can be made available statewide for localities for public beaches.
This board was established in the early 1980s to provide a way to fund public beaches
throughout the Commonwealth. It has been very much under funded in the last six
years. Public beaches are one of the greatest tourist draws for Virginia's tourism
economy which in Virginia Beach alone provides approximately $30 million a year in
direct tax benefits back to the Commonwealth.
REQUEST
The General Assembly is requested to appropriate $3 million for the Public Beach
Board for the upcoming biennium.
IX.
FUNDING FOR THE HURRIC~ PROTECTION PROJECT
The General Assembly is requested to provide $10 million for the city for the
Hurricane Protection Project at the resort area in Virginia Beach. This $112 million
project received 65 % funding from the federal government that is to be matched with
35 % by the city.
REQUEST
The city is requesting that the Commonwealth provide $10 million which represents
less than one third of the city's 35 % share of this critical project of statewide
significance.
Xe
FUNDING FOR MAINTENANCE OF RUDEE INLET
The Commonwealth is requested to participate in the maintenance of Rudee Inlet.
Rudee Inlet is the only inlet available to mariner's between Cape Henry and Oregon
Inlet. Although the city spends considerable sums trying to maintain the navigability of
the inlet with the assistance of the Corps of Engineers, the city has nevertheless been
hard pressed to keep the inlet an acceptable depth.
REQUEST
The General Assembly is requested to provide $600,000 to fund a study of the need to
provide structural improvements to the inlet for long term ease in maintenance.
XI.
FULL FUNDING THE STATE AID TO LIBRARIES
The General Assembly is requested to provide full funding to State Aid to Libraries
over a three year time period. This would require an increase in state funding of
approximately $5,500,000 spread over three years. Virginia Beach's allotment under
that new and expanded funding would rise from $278,000 to $382,000. The General
Assembly has not fully funded the State Aid formula since 1980.
XII.
FUNDING FOR STATE HEALTH DEPARTMENT
The Commonwealth is requested to fully fund State Aid to the State Health
Department. A number of studies have been done over the years that have identified
an inadequacy of state funding for State Health Department funding in local
governments. Because the needs of the Commonwealth have changed with its'
diversified population and growing localities, funding levels have nevertheless stayed
nearly static. The Commonwealth needs to provide funding to provide full State Health
Department services to all the citizens while making sure that it holds harmless the
appropriations to all localities. The provision of health care for low income working
members of our communities is imperative if persons on public assistance are to
permanently transition to the workplace where basic employment often does not include
a health care benefit for the worker or their families.
XIII.
MEDICAID REIMBURSEMENT FOR HEALTH CARE GIVERS
Medicaid def'mes which licensed mental health professionals are eligible for
reimbursement for Medicaid covered services. The code of Virginia was amended
effective this year to allow reimbursement for Licensed Clinical Social Workers
(LCSW) and Licensed Professional Counselors (LPC). Prior to July 1 LCSWs could
receive a reimbursement only under direct supervision of a psychiatrist or psychologist
while LPCs were ineligible for reimbursement. The Department of Medical Assistance
of the Commonwealth has interpreted the code to mean that this ability to being
reimbursed does not apply to those same licensed professionals employed by the
Community Services Board. This impacts on the ability of the Community Services
Board to generate revenue through reimbursement given the large Medicaid population
they serve.
REQUEST
The General Assembly is requested to amend the Code of Virginia to assure parity
between reimbursement of professionals working in the public and private sector with
regard to Medicaid reimbursement.
ZONING BOARD APPEAL
Under the existing Code of Virginia zoning enforcement of proceedings pending appeal
to the Board of Zoning Appeals are automatically stayed. That means that no zoning
enforcement proceeding can proceed until the appeal has been heard.
REQUEST
The General Assembly is requested to amend Section 15.2-2311 by eliminating
Section B which grants the automatic appeal. The automatic stay provision now allows
a person or entity to delay enforcement of the zoning ordinance by filing an appeal with
the board and to continue the violation of the zoning ordinance until the BZA renders a
decision. Moreover, the current provision limits the enforcement authority which has
been specifically given to the Zoning Administrator under Section 15.2-2286:A:4 of the
code. By eliminating the automatic stay, a person or entity will be required to abide by
the determination of the Zoning Administrator pending the appeal.
XVe
CHESAPEAKE BAY PRESERVATION BOARD
Under the current Code, the Chesapeake Bay Preservation Act authorizes local
governments to incorporate civil penalties and charges provisions into their local
ordinance for violations occurring in the Wetlands Act and the Coastal Primary Sand
Dunes Protection Act. The intent of the civil penalties and charges is to provide
financial incentives against violating the law while at the same time providing the
impetus to resolve those issues at an administrative level. The current code; however,
does not allow the same civil penalties or charges to be incorporated into violations of
the Chesapeake Bay Preservation Area
REQUEST
The General Assembly is requested to amend Section 10.1-2109 of the Code of
Virginia adding to Section E.
E. Counties, cities and towns in Tidewater Virginia may incorporate the following
penalty provisions into their zoning, subdivision or any ordinance enacted to protect
the quality of state waters in the Chesapeake Bay Preservation Areas.
1. Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
Areas, any person who violates any provision of any such ordinance or who violates
or fails, neglects, or refuses to obey any commisston, board, or administrative or
enforcement official notice, order, rule, regulation, or vartance or permit condition
authorized under such ordinance shall, upon such finding by an appropriate circuit
court, be assessed a civil penalty not to exceed $25, O00 for each day of violation.
Such civil penalties may, at the discretion of the court assessing them, be directed
to be paid into the treasury of the county, city or town in which the violation
occurred for the purpose of abating environmental damage to or restoring
Chesapeake Bay Preservation Areas therein, in such a manner as the court may, by
order, direct, except that where the violator is the county, city or town itself or its
agent, the court shah direct the penalty to be paid into the state treasury.
2. Without limiting the remedies which may be obtained under any local ordinance
enacted to protect the quality of state waters in Chesapeake Bay Preservation
Areas, and with the consent of any person who has violated any provision of any
such ordinance or who has violated or failed, neglected or refused to obey any
commission, board, or administrative or enforcement official order, rule,
regulation, or variance or permit condition authorized under such ordinance, the
commission, board, or administrative or enforcement offictal may provide, in an
order issued by the commission, board, or administrative or enforcement official
against such person, for the one-time payment of civil charges for each violation in
specific sums, not to exceed $10,000 for each violation. Such civil charges shall be
paid into the treasury of the county, city or town in whtch the violation occurred for
the purpose of abating environmental damage to or restoring Chesapeake Bay
Preservation Areas therein, except that where the vtolator is the county, city or
town itself, or its agent, the civil charges shall be paid into the state treasury. Civil
charges shall be in lieu of any appropriate civil penalty which could be imposed
under subdivision 1 of this subsection. Civil charges may be in addition to the cost
of any restoration required or ordered by the commission, board, or administrative
or enforcement official.
Proposed Solution:
The history of this statute appears to have its roots in common law. It is also believed
that the intention of the law was to prevent relatives from being compelled to turn over
relatives to authority. Unfortunately, the wording of the statutory code allows for the
deliberate destruction of evidence, the intentional lying (rather than saying nothing) to
prevent the escape of a wanted killer which imposes a great danger to society.
Additional verbiage:
If anyone, intentionally destroy or attempt to destroy evidence of a crime, intentionally
mislead investigators as to the identity of the perpetrator of the crime, whether related
as above or not, shall be punished in accordance with the punishments set forth in 18.2-
26 (attempts).
If any person harbor or secrete a wanted person, after duly being instructed of the
nature of the crime they are wanted for, except by those persons enumerated above,
they shall be found guilty as follows: if the person wanted is charged with a
misdemeanor, the harboring individual will be guilty of a class ! misdemeanor; if the
person wanted is charged with a felony, the harboring individual will be guilty of a
class 5 felony.
3.3_