JANUARY 12, 1993 MINUTES
l 'ITY COC~CIL
Cit:v- e>f' Virgi~ia Beach
"WORLD'S LARGEST RESORT CITY"
I,t4H)R \1ErERA E OBERNDORF AI LJrgc
VI( E 'v1AYOR WILLIA\1 0 SESSO\1S JR At Large
¡Oil' 4 BAL'\t, Blackuater Borough
U \ I). UOD 0 BR4NCH III \ Irglnla &ach Borough
: -'\.\11: c., I). BRAZiER JR Lvnnhav( n &rough
I<OB[RT I). LLYBURN Kernp",lIe &rough
ROBERT K DE4.., Pnnces< Anne Borough
lOllS R JO1'\E.S Ba\<1de Borough
D,\( 'I J L4NTEIGNE Pungo Borough
:OH"i D \10% At Large
'A'O 1\ PARKER At Large
¡4\lt~ K SPORE C,t\ Manager
Lf '>ll[ L LILLEr C,t\ Attorney
till It HODGE,) ~\llTH C\1C ME Clt\ Clerk
CITY COUNCIL AGENDA
281 CITY HAU BUIWING
.\1UNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 234569005
1804/ 42i 4303
I.
A.
II.
A.
III.
JANUARY 12, 1993
CITY MANAGERIS BRIEFINGS
- Council Chamber -
11:30 AM
COMPENSATION PLAN
Fagan D. Stackhouse, Director, Human Resources
B.
RECYCLING
P. Wade Kyle, Administrator, Waste Management
Debra Devine, Recycling Coordinator
INFORMAL SESSION
- Council Chamber -
1:00PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
FORMAL SESSION
- Council Chamber -
2:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend William S. Campbell
Aragona Church of Christ
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF EXECUTIVE SESSION
F.
MINUTES
1. INFORMAL & FORMAL SESSIONS
- January 5, 1993
G.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1.
Resolution authorizing enlargement of a non-conforming use in the RT -1 Resort Tourist
District re construction of two expansions to the existing restaurant on property of
Mike and Helen Standing (415 Atlantic Avenue), containing 14,810 square feet
(VIRGINIA BEACH BOROUGH).
2.
Ordinance to AMEND and REORDAIN Chapter 2, Division 2.5 of the Code of the City of
Virginia Beach, Virginia, re procurement:
a.
ADDING Section 2-215(b)(ii) re competitive bidding in general (insurance);
b.
Section 2-215(d) re increased dollar value of purchases for which City resorts
to competitive bidding from $10,000 to $15,000;
c.
Section 2-215.1 (c)/(d) re RFPs cost information and competitive negotiation
of non-professional services;
d.
Section 2-215.2 re emergency purchases;
e.
Section 2-217.2 re awarding contracts;
1.
ADDING Section 2-217.4 re public inspection of certain records;
g.
h.
Section 2-218.2 re bid bonds and construction contracts;
Section 2-219 re performance and payment bonds.
3.
Ordinance to APPROPRIATE $168,584 to the Department of Mental Health,
Mental Retardation and Substance Abuse FY 1992-1993 Operating Budget from various
funding sources for Community Services Board program initiatives re one (1) full-time
employee (Educator II); and, offset by increases of $124,724 in federal revenue, $9,680 in
state revenue, $24,030 in Medicaid revenue and $10,150 in revenue resulting from
out-of-court settlement.
4.
Ordinance to APPROPRIATE $86,400 from the State Department of Corrections to the
Community Corrections Special Revenue Fund re case management activities
carried over from Fiscal Year 1991-1992; and, increase estimated state revenue by
$86,400.
5.
Ordinance to APPROPRIATE $22,855 from the fund balance of the Automated Finger
Print ID Fund (Fund Number 133) re purchasing equipment (AFIS finger print program);
close the Fund; and, any remaining funds be returned to the fund balance of the General
Fund.
6.
Ordinance to ACCEPT and APPROPRIATE a $5,250 Grant from the State Office of
Emergency Medical Services, Rescue Squad Assistance Fund (Two-for-Life Program)
to the City of Virginia Beach General Fund re purchasing Hepatitis-B vaccine for one
hundred (100) members of the Department of Emergency Medical Services during
Fiscal Year 1992-1993; and, increase estimated state revenue by $5,250.
H.
PUBUC HEARING
1 .
2.
PLANNING BY CONSENT
a.
Ordinance for the gjscontjnuance. closure anct...abandonment of a portion of Walnut
~ beginning at the Northern boundary of South Boulevard and running in a
Northerly direction a distance of 40 feet more or less, containing 2,901 square feet,
in the Petition of THE RUNNYMEDE CORPORATION (L YNNHAVEN BOROUGH).
Deferred for Compliance:
July 7, 1992
Recommendation:
FINAL APPROVAL
b.
Application of GRAYSON M. WHITEHURST for a variance to Section 4.4(d) of the
Subdivision Ordinance which requires that all lots have direct access to a
public street, South of the Southern terminus of Sykes Avenue
(L YNNHAVEN BOROUGH).
Recommendation:
APPROVAL
c.
Application of WlUAMCO DEVELOPMENT CORPORATION for a ~
Use Permit for filling a borrow pit on the East side of Barrs Road, 98.90 feet
North of Evelyn Avenue (1256 Barrs Road), containing 3.44 acres
(BAYS IDE BOROUGH).
Recommendation:
APPROVAL
d.
Applications of THOMAS A. and EDITH G. UNDSEY for ha e of
~ at Block 37, Euclid Place (BAYS IDE BOROUGH):
AND,
From ommunit usiness District to 1-1 Li h I dustrial District on
Lots 7 through 12, 29 through 31, 21, 22 and 34 through 39 (4925 through 4929
Potomac Street and 4920 Cleveland Street), containing 1.22 acres.
Recommendation:
APPROVAL
PLANNING
a.
Request for WAIVER of the open space reservation required by Section 4.5(a) of
the Subdivision Ordinance for the Driskill Valley Subdivision
(KEMPSVILLE BOROUGH).
b.
Application of YMCA OF SOUTH HAMPTON ROADS for a ConctitiQngJ Use permit
for a YM A and a child care center on the North side of Laskin Road, 220 feet
more or less West of Winwood Drive (Parcel 22, Hilltop East Shopping Center),
containing 2.5 acres (L YNNHA VEN BOROUGH).
Recommendation:
APPROVAL
c.
Recommendation:
APPROVAL
d.
Applications of CHURCH POINT ASSOCIATES re Lot 41 A, Church Point
(4001 Church Point Road, containing 1 acre more or less (BAYSIDE BOROUGH):
. trict to
AND,
I U e Permit for a count
Recommendation:
APPROVAL
I.
APPOINTMENT
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
J.
UNFINISHED BUSINESS
K.
NEW BUSINESS
1 .
COUNCIL-SPONSORED ITEMS:
a.
Resolution requesting the City Manager to pursue the possibility of a
Grand Prix Automobile Race in the City of Virginia Beach. (Sponsored by
Mayor Meyera E. Oberndorf)
b.
Resolution directing the Planning Commission review the existing zoning on
property in the vicinity of Wesleyan Drive, Diamond Springs Road and
Newtown Road owned by Mr. and Mrs. John G. Williams, Sr. to determine if
reclassification from residential to agriculture is appropriate
(BAYS IDE BOROUGH). (Sponsored by Councilman Louis R. Jones)
L.
ADJOURNMENT
**********
SCHEDULE
FY 1993-1994 OPERATING BUDGET
TUESDAY, MARCH 30,1993 12:00 NOON
(City Council Special Session)
Council Chamber
THURSDAY, APRIL 15, 1993
**PUBUC HEARING**
Green Run High School
7:00 PM
THURSDAY, APRIL 29,1993
**PUBUC HEARING**
Princess Anne High School
7:00 PM
**********
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
**********
1/7 /93mlm
AGENDA \ 1-12-93.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 12, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 12, 1993,
at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor William D. Sessoms, Jr.
Council Members Absent:
Linwood o. Branch, III
(OUT OF THE CI1Y)
Paul J. Lanteigne
(OUT OF THE CI1Y)
-2-
CONCERNS OF THE MAYOR
ITEM # 36399
Mayor Oberndorf referenced the proposed meeting on January 19, 1993, between the VIrginia Beach
School Board and the City Council, prior to the formal School Board Meeting, to discuss the funding
formuw.
Council Lady Parker, City Council Liaison to the School Board, advised this meeting had been tentatively
scheduled for 11:00 A.M. to 1:00 P.M. on January 19, 1993. There are three localities within the State
which utilize a funding formuw.
ITEM # 36400
Mayor Oberndorf referenced a resolution she is requesting to be considered in the Formal Agenda:
Resolution requesting the General Assembly adopt legislation to allow the
establishment of a Volunteer Prosecutor Program in the Commonwealth
Attorney's Office.
Delegate Robert McDonald requested support of this program. Last year Delegate McDonald introduced
House Bill 1098, which would give discretion to the local Commonwealth's Attorney to use a pro bono
volunteer Assistant Commonwealth Attorney Program to help make up for the shortfall in staffing the
Commonwealth's Attorneys are facing throughout the Commonwealth of VIrginia. This bill was carried
over in the Appropriations Committee of the General Assembly and will be considered within the next few
weeks by that same committee.
January 12, 1993
-3-
C I T Y MAN AGE R 's B R I E FIN G
COMPENSATION PLAN
11:30 AM.
ITEM # 36401
Fagan D. Stackhouse, Director - Department of Human Resources - related information relative the PAY
AND PERFORMANCE SYSTEMS.
There are three (3) basic pay plans and three (3) perforlTUlnce appraisal systems:
General Compensation Plan
Plan Effective Date: January 1, 1988
Employees covered: All employees, excluding Administrative and
Executive Employees.
Plan Structure:
45 Pay Ranges (grades)
0 Five percent differential between each range
0 Each range is 45 percent from minimum to maximum
16 Steps
0 Steps lettered A through P
0 2.5 percent between each step
0 Movement through a range occurs in 2.5 percent
increase (2.5, 5 or 7.5%)
ADMINISTRATIVE COMPENSATION PLAN
Plan Effective Date: January 1, 1988
Employees Covered: Administrative (comprising approximately 350
personnel)
Plan Structure:
23 Pay Ranges
0 Five percent differential between each range
0 Each range is 50 percent from minimum to maximum
Open Range System
0 Movement through a range does not have fixed steps.
0 Allows for greater or lesser movement across range.
January 12, 1993
-4-
C I T Y MAN AGE R 's B R I E FIN G
COMPENSATION PLAN
ITEM # 36401 (Continued)
EXECUTIVE COMPENSATION PLAN
Plan Effective Date: January 1, 1988
Employees Covered: Executive (comprising approximately 45 personnel)
Plan Structure:
8 Pay Ranges
0 Ten percent differential between each range
0 Each range is 50 percent from minimum to maximum
Open Range System
0 Movement through a range does not have fixed steps
0 Allows for greater or lesser movement across range.
The internal system provides the opportunity to ensure proper pay and internal equity. Set standards and
set approaches to review each and every job. Human Resources investigates equal skill and equal
responsibility. A law was enacted in 1963 advising personnel will be paid based on equal efforts, skill and
responsibility. These are accomplished through Job Evaluation Systems.
PERFORMANCE APPRAISAL SYSTEMS
BEHAVIORALLY ANCHORED RATING SCALES (BARS)
Employees Covered: General Pay Plan Employees
Definition: BARS appraisal systems emphasize predetermined
performance standards set and compared against observed behavior.
General Clulracteristics: Elements are the job components, usually 5 to
8 for each position, upon which the employee is evaluated. They are give
numerical weights based on their importance to the job.
Standards are examples of observable behaviors which indicate how well
job components are performed.
Overall Rating is the sum of the element ratings. Based upon this overall
rating merit increase or merit leave days are awarded to employees.
January 12, 1993
-5-
C I T Y MAN AGE R 's B R I E FIN G
COMPENSATION PLAN
ITEM 1# 36401 (Continued)
MANAGEMENT BY OBJECTIVES (MBO)
Employees Covered: Administrative and Executive Employees
Definition: MBO appraisal yystems emphasize performance compared
against mutually (employee & supervisor) agreed upon goals and
objectives.
General Characteristics: Goals are major areas of responsibility.
Objectives are the criteria used to measure goal achievement.
Results are the level of achievement or how well the goals were achieved.
Overall Rating is based on the same rating scale as the Results. Merit
increases* or merit leave is awarded based on this rating.
*Rate determined and set by City Manager yearly based on availability of funds.
QUALITY MANAGEMENT PERFORMANCE FEEDBACK
Employees Covered: All City Employees (Currently a Pilot Project)
Definition: Modification of our current yystems leading to an enhanced
quality management approach.
Emphasizes:
Communication
Feedback
Self Motivation
Teamwork
Customer Service
Organizational Mission
Focus: Enhanced employee motivation, productivity and accountability.
Note: This is an evolving process/system.
Mr. Stackhouse displayed samples of EMPLOYEE PERFORMANCE APPRAISAL REPORT,
ADMINISTRATIVE PERFORMANCE APPRAISAL and INTERIM EMPLOYEE PERFORMANCE
APPRAISAL REPORT.
January 12, 1993
-6-
C I T Y MAN AGE R 's B R I E FIN G
RECYCLING
12:15 PM.
ITEM # 36402
The City Manager advised the World Resource Institute, a nonprofit environmental monitoring group,
ranked VIrginia Beach eighth best in the United States in terms of recycling.
Debra C. Devine, Recycling Coordinator, advised RECYCLING ACHIEVEMENTS. 15,500 tons of
Newspaper have been collected since December 1988, resulting in $46,000 in revenue with $441,000 in
avoided disposal costs. Currently the City enjoys a very cooperative and comfortable relationship with
the School system. This began in 1991/1992 with a simple, highly successful high return to the School
system by the collection of aluminum cans. There were 22 schools the first year and 44 schools this year.
Currently, the City is involved in recycling at three targeted schools:
Tallwood
Centerville Elementary
Brandon Middle School
Cardboard is being collected at these schools and the City is also involved in a water conservation energy
recovery recycling program to measure at the end of the school year energies conserved versus the cost
of recycling.
The second phase of recycling was the initiation of the twenty (2O) dropoff centers which occurred in
September 1990. There are now twenty-one in existence which is a public-private partnership with a
Shopping Center. The City has collected 3,064 tons of materials with $105,000 in revenue and $87, 000
in avoided disposal costs. To enhance the City's ability to market materials, the City has just recently
signed a public/private partnership with a private contractor at a VIrginia Beach Landfill.
The most significant program which has affected the residential waste stream in a positive way is the Yard
Waste Collection program with 67,000 tons collected and $300,000 in avoided disposal costs.
Curbside Recycling is also available in cooperation with the Southeastern Public Service Authority
encompassing 36,300 homes with a potential of 108,000 homes in VIrginia Beach. 5,000 tons have been
collected with $146,000 in avoided disposal costs and $210,000 in avoided collection costs. The City is
currently urging SPSA to investigate the cost effectiveness of this program and the method of collection.
Ongoing but not really high visibility programs are tire recycling and appliance recycling known as white
goods. 214 tons of tires and 273 tons of appliances have been handled. Each month tonnage, revenue
avoided costs, and monthly diversion rates are tracked with a total tonnage to date of 90, 700 tons and
total revenue (combination of school and City) $152,000 in revenue. In 1992, the City averaged a 22%
diversion rate. The City has saved 531,300 cubic yards of landfiU space.
Miss Devine advised the three strategic areas to examine in the future:
1.
Schools - education and implementation
2.
Business sector - increased participation
3.
Buy-recycled policy for City of VIrginia Beach
January 12, 1993
#'
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC WORKS
DIVISION OF WASTE MANAGEMENT
RECYCLING BUREAU
SUMMARY OF RECYCLING ACHIEVEMENTS PRESENTATION
CITY COUNCIL JANUARY 12, 1993
Tons Collected
Revenue
Avoided
D~osal
Costs
Avoided
Collection
Costs
N eWSDaner 15,500 $ 46,000 $ 441,000 $651,000
(began 12/88)
Drop-off Centers 3,064 $105,000 $ 87,000
(began 9/90)
Yard Waste 67,000 $ 300,000
(began 5/91)
Curbside
(began 5/89) 5.000 $ 146.000 $210.000
Total:
90.564
.$151.000 $ 974.000 $861. 000
- ----
($ 403,000)
~l.~~~.OOO
Total Capital & Operating Cost:
Total Benefit:
Three strategic areas for growth in recycling:
1.
2.
3.
Schools - education and implementation
Business sector - increased participation
Buy-recycled policy for City of Virginia Beach
-7-
ITEM II 36403
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 12, 1993, at 12:35 P.M.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vzce Mayor WJlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
-8-
ITEM 1# 36404
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the following purposes:
0 . Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To- Wit: Appointments - Boards and Commissions:
Citizens Advisory Committee
Community Services Board
Parks and Recreation Commission
Resort Area Advisory Commission
Review and Allocation Committee
Southeastern Hampton Roads Disability Services Board
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into
EXECUTIVE SESSION.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
January 12, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 12, 1992. at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and nce Mayor WIlliam D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
INVOCATION:
Reverend WIlliam S. Campbell
Aragona Church of Christ
PLE
S OF AM 'RICA
January 12, 1993
- 10 -
Item Ill-E.1~
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36405
Upon motion by Council Lady Parker, seconded by Councilman Clyburn, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by VIrginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
VIrginia Beach City Council.
Voting:
9-0
Council Members Voting Aye:
John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
iR1'11n uttnu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vlrglnla Beach Clty Councll convened lnto EXECUTIVE
SESSION, pursuant to the afflrmatl ve vote recorded In ITEM # 36404,
Page No.8, and In accordance Wl th the provlslons of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Vlrglnla requlres a
certification by the governlng body that such Executl ve Sesslon was
conducted In conformlty wlth Vlrglnla law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnia Beach Clty
Councll hereby certlfles that, to the best of each member's knowledge,
(a) only publlc buslness matters lawfully exempted from Open Meetlng
requlrements by Vlrglnla law were dlscussed In Executl ve Sesslon to
whlch thlS certiflcatlon resolutlon applles; and, (b) only such publlc
business matters as were ldentlfled In the motion convenlng thlS
Executl ve Sesslon were heard, dlscussed or consldered by Vlrglnla
Beach Clty Councll.
~'¿.L~ ~
lith Hodges Smlth, CMC/AAE
Clty Clerk
January 12, 1993
-11 -
~
MINUTES
ITEM # 36406
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 5, 1993.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vzce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
- 12 -
Item Ill-G.
CONSENT AGENDA
ITEM # 36407
Upon motion by Vice Mayor Sessoms, seèonded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 1, 3, 4, 5 and 6 of the CONSENT AGENDA.
Item 2 was pulled for a separate vote.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor WIlliam D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
- 13 -
Item Ill-G.1.
CONSENT AGENDA
ITEM # 36408
Richard Grimstead, Architect, 411 15th Street, Phone: 425-5304
Upon motion by Vzce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution authorizing enlargement of a non -conforming use in the
RAID-1 Resort Tourist District re construction of two expansions to the
existing restaurant on property of Mike and Helen Standing (415
Atlantic Avenue), containing 14,810 square feet (VIRGINIA BEACH
BOROUGH).
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vzce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
1
2
3
4
5
RESOLUTION AUTHORIZING THE
ENLARGEMENT OF A NONCONFORMING USE
LOCATED AT 415 ATLANTIC AVENUE,
PROPERTY OF MIKE AND HELEN STANDING,
BOROUGH OF VIRGINIA BEACH
6
WHEREAS, Mike and Helen Standing, hereinafter referred to
7
as the Applicants,
are the owners of a freestanding restaurant
8
located at 415 Atlantic Avenue, Borough of Virginia Beach, in the
9
RT-1 Resort Tourist District; and
WHEREAS,
the Applicant
the
said
desires
to
enlarge
freestanding restaurant by constructing additions to it; and
WHEREAS, the present use of the property does not conform
to the provisions of the city Zoning Ordinance because freestanding
restaurants are not permitted uses within the RT-1 Resort Tourist
District; and
WHEREAS, pursuant to section 105(d} of the City zoning
Ordinance, the City Council may authorize the enlargement of a
nonconforming use if it finds that the use as enlarged is equally
appropriate or more appropriate to the zoning district than is the
existing nonconformity;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed free-
standing restaurant
of the Applicants,
would
enlarged,
be
as
equally appropriate to the zoning district in which it is located
as is the existing nonconformity.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby authorizes the enlargement of the
Applicants' restaurant in accordance with the plans submitted in
connection with the application.
32
33
34
35
36
37
VIRGINIA, ON THIS
12
DAY OF
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
January
, 19~.
CA-4963
ORDIN\NONCODE\STANDING.RES
R-1
PREPARED: 12/21/92
;£; T~::O~""'. ",..-<" -n:A-"""' -
APPQO\!r--f'. ~ g .on,,",
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- 14-
Item lU-G.2.
CONSENT AGENDA
ITEM # 36409
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 2, Division 2.5 of the
Code of the City of VIrginia Beach, VIrginia, re procurement:
ADDING Section 2-215(b) (ii) re competitive bidding in
general Onsuranc~;
Section 2-215(d) re increased dollar value of purchases for
which City resorts to competitive bidding from $10, Ooo to
$15, Ooo ;
Section 2-215.1 (c)/(d) re RFPs cost info17TUltion and
competitive negotiation of non-professional services;
Section 2-215.2 re emergency purchases;
Section 2-217.2 re awarding contracts;
ADDING Section 2-217.4 re public inspection of certain
records;
Section 2-218.2 re bid bonds and construction contracts;
Section
2 - 219 re perfornulnce
and payment
bonds
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
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AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2, DIVISION 2.5 OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO PROCUREMENT
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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VIRGINIA BEACH, VIRGINIA:
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That Chapter 2, Division 2.5 of the Code of the City of
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Virginia Beach, Virginia,
is hereby amended and reordained to read
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as follows:
Sec. 2-215. competitive bidding in general.
(a)
It shall be the responsibility of the purchasing
division to obtain as full and open competition as possible and
practical on all purchases and sales through competitive sealed
bidding, or through any other method of procurement authorized by
this or other sections.
(b) (i) Upon a determination made in advance by the public
body and set forth in writing that competitive sealed bidding is
either not practicable or not fiscally advantageous to the public,
goods,
services
insurance
competitive
procured
by
or
may
be
negotiation.
The wr it ing
basis
for
this
document
the
shall
determination.
1.RL..{jjJ
Upon a qeterm~on madJLj.n aqvance þy tM
public body and set forth in writing that competitive negotiation
is either not practicable or not fiscally advantageous. insurance
may be procured through a licensed agent or broker provided the
agent or broker was selected in the manner provided for in section
2-2~ .
wr ~ n q
t~
þasis
for
s~ocument
the
':Lhe
determination.
( b ) -fi-i+ 1..ilil
Construction
be
procured
only
by
may
competitive sealed bidding, except that competitive negotiation may
be used in the following instances upon a determination made in
advance that competitive sealed bidding is either not practicable
or not fiscally advantageous to the public, which writing shall
document the basis for this determination:
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(1)
For the alteration,
renovation,
or
repair,
demolition of buildings when the contract is
not expected to cost more than five hundred
thousand dollars ($500,000.00).
(2)
the
construction
highways
any
and
of
For
draining,
dredging,
grading or similar work
upon real property.
(c) Upon a determination in writing that there is only
one source practicably available for that which is to be procured,
a contract may be negotiated and awarded to that source without
competitive sealed bidding.
The writing shall document the basis
for this determination.
(d) Where it is possible and practical,
formal sealed
bids shall be obtained for all purchases with a dollar value of ~
fifteen
-{$10,000.00}-
~5.000.00t
or
more.
dollars
thousand
Purchases under single or term contracts of less than ~ fifteen
thousand dollars -( $10,000.00)- ~5. 000.001. are made on the basis of
informal
obtained
by written
or
either
bids.
These may
be
telephonic quotation.
Where at all possible or practical, these
purchases shall be based upon the solicitation of three (3) or more
sources.
(e) Bids shall be submitted to the purchasing agent in a
sealed envelope and shall be clearly marked or identified.
Bids
shall be opened in public at the time and place stated in the bid
form.
(f)
The purchasing agent shall have the authority to
accept or reject any or all bids, or any portion thereof, and to
enter into any contract deemed to be in the best interest of the
city.
(g) The city may waive informalities in bids.
(h) All bids shall contain an anticollusion statement
which shall be sworn to by the vendors.
(i)
provisions
be
this
section
shall
The
of
not
applicable
expert witnesses,
other
services
and
to
legal
or
services associated with litigation or regulatory proceedings, nor
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shall this section be applicable to purchases made through agencies
of the state or jointly with other political subdivisions of the
state.
(j) While administering public assistance programs as
defined
in section
of the Virginia Code or the fuel
63.1-87
assistance program, the city may procure goods or personal services
for direct use by a recipient of such programs delivered by a
vendor upon specific instructions from the purchasing agent without
competitive sealed bidding or competitive negotiations.
Sec. 2-215.1.
oontraeting for professional Procurement
services by competitive neqotiation.
of
(a) "Professional services" shall mean work performed by
an independent contractor within the scope of the practice of
accounting, architecture, land surveying, landscape architecture,
medicine, optometry or professional engineering.
(b) The method for procurement of professional services
defined above shall be through competitive negotiation where the
cost of the professional service is expected to exceed twenty
thousand dollars ($20,000.00).
(c) Competitive negotiation.
Discussion and award.
The
purchasing agent shall engage in individual discussions with two
(2)
deemed
fully qualified,
responsible
and
or more offerors
suitable on the basis of initial responses and with emphasis on
professional
provide
the
required
services.
competence,
to
Repetitive informal interviews shall be permissible.
Such offerors
shall
encouraged to elaborate on their qualif ications
and
be
performance data or staff expertise pertinent to the proposed
project, as well as alternative concepts.
The request for proposal
shall not. however. request that offerors furnish estimates of man-
hours
services.
the
discussion
At
the
stage,
cost
for
or
purchasing agent may discuss nonbinding estimates of total project
costs, including, but not limited to, life cycle costing and where
appropriate,
nonbinding
for
services.
estimates
price
of
Proprietary
information
not
be
competing
shall
from
offerors
disclosed to the public or to competitors.
At the conclusion of
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discussion,
outlined in this paragraph above,
on the basis of
evaluation factors published in the request for proposal and all
information developed in the selection process to this point, the
purchasing agent shall select in the order of preference two (2) or
more
offerors
whose
professional
qualifications
proposed
and
service are deemed most meritorious.
Negotiations shall then be
conducted beginning with the offeror ranked first.
If a contract
satisfactory and advantageous to the city can be negotiated at a
price considered fair and reasonable, the award shall be made to
that offeror.
otherwise, negotiations with the offeror ranked
first shall be formally terminated and negotiations conducted with
the offeror ranked second, and so on until such a contract can be
negotiated at a fair and reasonable price.
Should the purchasing
agent determine in writing and in his sole discretion that only one
offeror is fully qualified, or that one offeror is clearly more
highly qualified and suitable than the others under consideration,
a contract may be negotiated and awarded to the offeror.
J.gl
Procurement of other than professional services:
Selection shall be made of two
2
or more offerors deemed to be
fully qualified and best suited amonq those submitting proposals.
on the basis of the factors involved in the request for proposal.
including
price
if
in
stated
the
request
for
proposal.
so
Negotiations shall then be considered. but need not be the sole
determining factor.
After negotiations have been conducted with
each offeror so selected. the purchasing aqent shall select the
offeror which.
in his opinion. has made the best proposal. and
shall award the contract to that offeror.
Should the purchasing
agent determine in writinq and in his sole discretion that only one
offeror is fully qualified. or that one offeror is clearly more
highly qualified than the others under consideration. a contract
may be neqotiated and awarded to that offeror.
Sec. 2-215.2.
Emergency purchases.
(a) In case of an emergency during normal working hours
which
requires
immediate
supplies
purchase
of
or
contractual
services, the purchasing agent shall have the authority to secure,
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by the open market procedure, at the lowest obtainable price, any
supplies or contractual services, regardless of the amount of the
expenditure.
A full report of the circumstances of an emergency
purchase so made shall be filed by the purchasing agent~ with the
city manager.
(b) In case of an emergency, not within normal working
hours, the purchasing agent may authorize the head of any city
department to purchase directly any supplies, not to exceed five
thousand dollara ($5,000.00)-, the immediate procurement of which is
essential to prevent delays in the work of the department which may
vitally affect the public health, safety or welfare, or to protect
or preserve public properties without delay.
The head of such
department shall send to the purchasing agent a requisition and a
copy of the delivery record, together with a full written report of
the circumstances of the emergency.
The report shall be filed by
the purchasing agent.
(c) In all cases of emergency purchases, the using agency
shall submit a written report to the purchasing agent, signed by
the department head, detailing the aspects of the emergency.
The
written report shall be accompanied by a requisition form~ and a
confirming purchaoe order will be iûûued.
Upon receipt of such
written report. the purchasing aqent shall solicit pricing in a
manner consistent with the emergency situation and shall issue a
confirming purchase order.
(d) An emergency shall be defined as a situation in which
the immediate public health, safety or welfare is involved, or the
purchase is required to protect or preserve public properties
without delay.
Sec. 2-217.2.
Awardinq contracts.
tat Contracts shall be awarded to the lowest responsible
and responsive bidder.
"Responsible bidder" shall mean a person
who has the capability.
in all respects to perform fully the
contract requirements and the moral and business inteqri ty and
reliability which will assure qood faith performances. and who has
been prequalified. if required.
"Responsive bidder" shall mean a
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person who has submitted a bid which conforms in all material
respects to the invitation to bid.
In determining the loweot
bidder, the following f~otora ah~ll be oonaidered:
~)
-f2- )
rrioe.
Ability, o~p~bility ~nd akill of the bidder to
perform the oontr~ot.
-ß-)
Whether the bidder o~n perform the oontr~ot
promptly or within the timeframe apeoified.
+4-)
integrity,
reput~tion,
The
ch~r~cter,
judgment,
bidder.
exper ience ~nd eff ioiency of the
-f-5- )
qu~lity
of
pre",,"ioua
The
of
perform~nce
oontr~ota.
-t6- )
The fin~noi~l reaouroea ~nd ~bility of the
bidder to perform the contr~ct.
+=1-)
The ~bility of the bidder to pr07ide future
m~inten~nce for the uae of the subject of the
oontr~ct.
aervioea,
(Contr~ot m~y be
for
auppliea, equipment, eto.r-
f&) It Dh~ll be the duty of the purch~sing ~gent in the
awarding of oontracta, purau~nt to the ~uthority gr~nted in eJection
2 214.2, to give subst~nti~l oonaider~tion to the 10weDt coat, ~nd
to ende~vor to ~w~rd oontr~otG to the lowest bidder if ~nd when it
is determined th~t, b~aed on coat ~nd on the other ~bove mentioned
f~otora, ~w~rd to the loweat bidder will be in the beat intereat of
the city.
If the puroh~aing ~gent determineD th~t ~n ~w~rd of ~
contract to the 10weDt bidder ia not in the beat intereat of the
city, he aha I I so notify the city m~n~ger who m~y then ~pprove ~n
~w~rd of the contr~ot to ~ bidder other th~n the loweat bidder.
B~id ~pprov~l ahall be b~sed on the city m~n~ger' D independent
determin~tion,
~fter
giving
to
the
oonsider~tion
due
reoommend~tions of the purch~Ding ~gent, th~t auch ~w~rd ia in the
best intereat of the city.
When the city m~n~ger deoidea to ~w~rd
~ oontr~ot to ~ bidder other th~n the loweat bidder, he ah~ll
notify city council of hiD decision.
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section 2-217.4. Public inspection of certain records.
1AL-Exce~t as provided þerein. a~roceedings. record~
contracts
and
public
relating
to
procurement
records
other
transactions shall be open to the inspection of any citizen. or any
interested person.
firm or corporation.
in accordance with the
vir inia Freedom of Information Act
Sec. 2.1-340 et se . .
l.Q)
cost es~tes re~ng to a proposed-procurement
transaction prepared by or for a public body shall not be open to
public inspection.
biddin
bidder
u on
sealed
request. shall be afforded the opportunity to inspect bid records
within a reasonable time after the opening of all bids but prior to
award. except in the event that the public body decides not to
accept any of the bids and to reopen the contract.
otherwise. bid
recorqs s~be open ~o pu~nspectjon on¡y aLter award~
contract.
.f.çlijjJ
competi:tj.ve
negot~on
u RQ!l
oUeror.
Any
request.
shall be afforded the opportunity to inspect proposal
records
within
time
evaluation
and
after
the
a
reasonable
negotiations of proposals are completed but prior to award. except
in the event that the city decides not to accept any of the
proposals and to reopen the contract.
otherwise. proposal records
shall
public
after
inspection
award
of
the
only
be
open to
contract.
1.£l1..i.ii.)
inspection
of
procuremen~transacti2n
Any
records
this
subject
to
reasonable
section
under
shall
be
restrictions to ensure the security and integrity of the records.
~raqe secrets or proprietary tnformation su~
a bidder or offeror in connection with a procurement transaction
shall not be subject to public disclosure under the Virqinia
Freedom of Information Act: however. the bidder or offeror must
invoke the protections of this section prior to or upon submission
of the data or other materials. and must identify the data or other
materials to be protected and state the reasons why protection is
necessary.
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Sec. 2-218.2 Bid bonds.
(a)
Except in cases of emergency, all bids or proposals
for
construction
in
twenty five
thou:J~nd
contracts
excess
of
doll~r3
($25,000.00r one-þun~housand~ars
~oo.ooo.oo>-
shall be accompanied by a bid bond from a surety company selected
by the bidder which
legally authorized to do business
in
is
Virginia, as a guarantee that if the contact is awarded to such
bidder,
that bidder will enter into the contract for the work
mentioned in the bid.
The amount of the bid bond shall not exceed
five (5) percent of the amount of bid.
(b)
No forfeiture under a bid bond shall exceed the
lesser of (i) the difference between the bid for which the bond was
written and the next low bid, or (ii) the face amount of the bid
bond.
(c)
Nothing in this section shall preclude the city from
requiring bid bonds to accompany bids or proposals for construction
contracts anticipated to be less than twenty five thouG~nd doll~rs
($25,000.00) one-þund~housand~ars ~OO.OOO.OOL.
Sec. 2-219. Performance and payment bonds.
(a)
Upon the award of any public construction contract
exceeding t\ienty five thou3~nd doll~rC3
($2S,000.00r one-hundred
~housan~ars
~OO. 000. OOL to
any
prime
contractor,
such
contractor shall furnish to the city the following bonds:
(1)
A performance bond in the sum of the contract
amount
conditioned
upon
the
faithful
performance
in
strict
of
the
contract
conformity with the plans, specifications and
conditions of the contract.
(2)
A payment bond in the sum of the contract
amount.
Such bond shall be for the protection
of claimants who have and fulfill contracts to
supply
materials
the
prime
labor
to
or
contractor to whom the contract was awarded,
or to any subcontractors, in the prosecution
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of the work provided for in such contract and
shall be conditioned upon the prompt payment
for
such
material
or
labor
furnished
all
supplied or performed in the prosecution of
the work.
"Labor or materials" shall include
public utility services and reasonable rentals
of equipment, but only for periods when the
equipment rented is actually used at the site.
(b)
Each of such bonds shall be executed by one or more
surety companies selected by the contractor which are legally
authorized to do business in Virginia.
(c)
Such bonds shall be payable to the "Treasurer, City
Of Virginia Beach."
(d)
Each of the bonds shall be filed with the City or a
designated office or official thereof.
(e)
Nothing in this section shall preclude the City from
requiring payment or performance bonds for construction contracts
below
twenty five
($25,000.00}-
thoua~nd
doll~ro
one-hundred
~housand~ars Ui¡OO.OOO.oot.
(f)
Nothing
such
in
this
section
shall
preclude
contractor from requiring each subcontractor to furnish a payment
bond with surety thereon in the sum of the full amount of the
contract with such subcontractor conditioned upon the payment to
all persons who have and fulfill contracts which are directly with
the subcontractor for performing labor and furnishing materials in
the prosection of the work provided for in the subcontract.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of January , 1992.
CA-4821
ORDIN\NONCODE\02-215et.ORD
R-2
12/28/92
~OVtl) ~ Iv ~-
~ dv. û. Ct 0 Afj --/
SIGNATURE I
~afì~
DEPARTMENT
-
:APPROVED AS TO LEGAL
SUFFICIE Y AND F~R .It
9
- 15 -
Item IJI-G.3.
CONSENT AGENDA
ITEM # 36410
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $168,584 to the Department of Mental
Health, Mental Retardation and Substance Abuse FY 1992-1993
Operating Budget from various funding sources for Community Services
Board program initiatives re one (1) full-time employee (Educator II);
and, offset by increases of $124, 724 in federal revenue, $9,680 in state
revenue, $24,030 in Medicaid revenue and $10,150 in revenue resulting
from out-of-court settlement.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
1
2
3
AN ORDINANCE TO APPROPRIATE $168,584 TO THE DEPARTMENT
OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE
ABUSE FROM VARIOUS FUNDING SOURCES
4 WHEREAS,
5 coordination
6 retardation,
7 Beach;
the Community Services Board is responsible for the
and
implementation
of
mental
health,
mental
and substance abuse services for the City of Virginia
8
WHEREAS, the department has accumulated a variety of new and
9
carryover funding which require Councilmanic appropriation;
10
WHEREAS, the department has identified specific uses for each
11
funding source;
12
WHEREAS, the funding will increase the FY 1992-93 position
13
total by 1 FTE and requires no additional city match.
14
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
15
OF VIRGINIA BEACH, VIRGINIA, that funding in the amount of $168,584
16
be accepted and appropriated and 1 FTE be established in the
17
Department of Mental Health,
Mental Retardation,
and Substance
18
Abuse FY 92-93 Operating Budget.
19
BE IT FURTHER ORDAINED that appropriations be offset by a
20
$124,724 increase in federal revenue, a $9,680 increase in state
21
revenue,
a $ 24 , 030 increase in Medica id revenue,
and a $10,150
22
increase in revenue resulting from an out-of-court settlement.
23
Adopted by the City Council of the City of Virginia Beach,
24
Virginia, on the
Twelfth
day of
January
, 1993.
25
This
ordinance
shall
be
effective
from the
date
of
its
26
adoption.
27
Approved as to Content
~~r.
APPROVED AS TO
LEGAL S FFICIENCY
28
29
j
'-
- 16 -
Item 1lI-G.4.
CONSENT AGENDA
ITEM # 36411
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $86,400 from the State Department of
Corrections to the Community Corrections Special Revenue Fund re
case 11Ulnagement activities carried over from Fiscal Year 1991-1992;
and, increase estimated state revenue by $86,400.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
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1
2
3
AN ORDINANCE TO APPROPRIATE $86,400.00 FROM THE STATE DEPARTMENT OF CORRECTIONS
TO THE COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
FOR CASE MANAGEMENT ACTIVITIES CARRIED OVER FROM FY1991-92
4
WHEREAS, the Office of Community Corrections IS a State Department of Corrections funded
5
community based alternative punishment program which serves the Circuit and General District Courts
6
with intensive casework supervision through face-to-face contacts of approximately 40 felons and 409
7
mlsdemeanants annually;
8
WHEREAS, the budget for the Office of Community Corrections IS projected based on the
9
anticipated number of clients to be served from the General and CircUIt Courts Because the number of
clients frequently Increases during the fiscal year, funding and treatment often continues Into the following
fiscal year;
WHEREAS to ensure adequate funding for this carned-over caseload, the State Department of
Corrections has allowed $86,400.00 to be carned over Into the Office of Community Corrections' FY1992-
93 operating budget, and the Office of Community Corrections would like the City of Virginia Beach to
appropriate the additional $86,400.00,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, to appropriate the additional $86,400.00 from the State Department of Corrections to the
Community Corrections Special Revenue Fund for case management actIVIties carned over from Fiscal
Year 1991-92,
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to
Increase Estimated State revenue by $86,400.00.
This ordinance shall be effective from the date of ItS adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth
day of
January
,1993
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APPROVED AS TO CONTENT
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- 17-
Item lIJ-G.5.
CONSENT AGENDA
ITEM 1# 36412
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $22,855 from the fund balance of the
Automtlted Finger Print ID Fund (Fund Number 133) re purchasing
equipment (AFIS finger print program); close the Fund; and, any
remaining funds be returned to the fund balance of the General Fund.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
10
AN ORDINANCE TO APPROPRIATE $22,855 FROM THE FUND BALANCE
OF THE AUTOMATED FINGER PRINT ID FUND (FUND NUMBER 133) FOR THE PURPOSE OF PURCHASING
NEEDED EQUIPMENT RELATED TO
FINGER PRINTING ACTIVITIES AND TO CLOSE THE FUND
1
WHEREAS,
In 1987 a regIOnal automated fingerprint IdentificatIOn system IAFIS) program was
2
established. Under the gUIdelines, each city was to contribute funds to the program, however, once a fund was established
3
the State established a state-wide AFIS network and placed one of the remote sites In Virginia Beach;
4
WHEREAS, the only city to have contributed funding to the regIOnal AFIS program was Virginia Beach,
5
WHEREAS, there remains $24,400 In the fund balance of the AFIS fund 1133) which were never used
6
to establish the state-wide remote site;
7
WHEREAS, the AFIS program IS In need of eqUIpment related to the collecting and IdentificatIOn of finger
8
prints at Crime scenes totaling $22,855 1 2-flnger print cabinets; 1-dry mounting press; 2-laser printers; 1-glass partitIOn,
9
2.cameras; and 1-replacement vehicle);
WHEREAS, the remaining funds 1$1,545) can be returned to the General Fund Fund Balance and the
11
AFIS Fund 1133) closed.
12
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
13
VIRGINIA, that $22,855 be approprIated from the Fund Balance of the Automated Finger Print 10 Fund for the purpose
14
of purchasing equipment related to the AFIS finger print program and that the fund be closed and any remaining fund
15
balance be returned to the General Fund Fund Balance.
16
Adopted by the City Council of the City of Virginia Beach, Virginia on this day
17
January 12
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Approved as to Content
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Waher C. Krae~
Deputy Director,
Management and Budget
- 18 -
Item IIJ- G. 6.
CONSENT AGENDA
ITEM # 36413
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $5,250 Grant from the
State Office of Emergency Medical Services, Rescue Squad Assistance
Fund (Two-for-Life Program) to the City of VIrginia Beach General
Fund re purchasing Hepatitis-B vaccine for one hundred (100) members
of the Department of Emergency Medical Services during Fiscal Year
1992-1993; and, increase estimated state revenue by $5,250.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,250 GRANT FROM THE STATE
OFFICE OF EMERGENCY MEDICAL SERVICES. RESCUE SQUAD ASSISTANCE FUND
TO THE CITY OF VIRGINIA BEACH GENERAL FUND FOR THE PURPOSE OF PURCHASING
HEPATITIS-B VACCINE FOR 100 EMERGENCY MEDICAL SERVICES PROVIDERS
5
WHEREAS, the Department of Emergency Medical Services provides pre-hospital emergency
6
medical and rescue services to the citizens of Virginia Beach by answering over 25,000 calls for service
7
annually, many of which Involve exposure to blood and body fluids;
8
WHEREAS, exposure to blood and body fluids makes pre-hospital care providers highly
9
susceptible to the Hepatltls-B against which there IS a 3-dose vaccine available which will provide
protection;
WHEREAS, the Department of Emergency Medical Services has Implemented a Hepatltls-B
Inoculation program since October 11, 1989 under which over 400 of the 740 members of the Emergency
Medical Service have been Inoculated;
WHEREAS, the Department of Emergency Medical Services has applied for, and has been
awarded a matching grant In the amount of $5,250.00 to purchase 100 Hepatltls-B vaccines for FY1992-
93, has matching approprIations In the current FY1992-93 operating budget, and would like the City of
Virginia Beach to accept and approprIate the State grant for the purchase of the Hepatltls-B vaccine
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, to accept and approprIate $5,250.00 from the State Office of Emergency Medical Services,
Rescue Squad Assistance Fund to the General Fund for the purpose of purchasing 100 Hepatltls-B
vaccines to Inoculate members of the Department of Emergency Medical Services durIng FY1992-93.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to
Increase Estimated State revenue by $5,250.00.
This ordinance shall be effective from the date of ItS adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth
day of
January
,1993
APPROVED AS TO CONTENT
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DEPARTMENT OF MANAGEMENT AND BUDGET
- 19-
l1Múll=lL.
PUBliC HEARING
ITEM # 36414
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
1.
(a) THE RUNNYMEDE CORPORATION
(b) GRAYSON M. WHITEHURST
(c) WIUAMCO DEVELOPMENT CORPORATION
(d) THOMAS A. AND EDITH G. LINDSEY
PLANNING
2.
(a) THE DRISKILL VALLEY SUBDIVISION
(b) YMCA OF SOUTH HAMPTON ROADS
(c) PHILIP MOSSER
(d) CHURCH POINT ASSOCIATES
STREET CLOSURE
VARIANCE
CONDITIONAL USE PERMIT
CHANGE OF ZONING DISTRICT
CLASSIFICATIONS
WAIVER OF OPEN SPACE
RESERVATION
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
January 12, 1993
- 20-
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PUBliC HEARING
ITEM # 36415
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council APPROVED in ONE
MOTION Items 1. a, b, c and d of the PLANNING BY CONSENT agenda.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor WIlliam D. Sessoms, Jr. *
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
*Vice Mayor Sessoms ABSTAINED on Item III-H. 1. d as he conducts business with Thomas A. and Edith
G. Lindsey.
January 12, 1993
- 21 -
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PUBliC HEARING
ITEM # 36416
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council AUTHORIZED
FINAL APPROVAL of an Ordinance upon application of THE RUNNYMEDE CORPORATION for the
discontinuance, closure and abandonment of a portion of Walnut Street.
Ordinance upon application of The Runnymede Corporation for the
discontinuance, closure and abandonment of a portion of Walnut Street
beginning at the northern boundary of South Boulevard and running in
a northerly direction a distance of 40 feet more or less. Said parcel
contains 2,901 square feet. LYNNHAVEN BOROUGH.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
.-
-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS Walnut street, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "Subdivision of Spruce
street. Lynnhaven Borough. Virginia Beach. Virqinia" WHICH PLAT
IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by
The Runnymede Corporation
,
that he/she would make
application to the Council of the city of Virginia Beach, Virginia,
on
May
26
1992,
to have the hereinafter described
street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said 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 street be discontinued,
closed, and vacated:
Beginning at a point on the north side of South Boulevard (50'
R/W) which said point of beginning is N. 89 10'00" E. a distance
of 638.38' from the northeastern intersection of South Boulevard
(50' R/W) and Palace Green Boulevard (50' R/W), and from said point
of beginning along the north side of South Boulevard (50' R/W) N.
89 10'00" E a distance of 106.19' to a point; and thence along a
curve to the left having a radius of 20.00', an arc distance of
32.65' to a point; thence N. 04 22'17" E. a distance of 18.76' to
a point; thence N. 86 54'00" W. a distance of 66.01' to a point;
thence s. 22'17" W. a distance of 23.85' to a point; thence along
a curve to the right having a radius of 20.00', an arc distance of
30.18' to the point of beginning (portion to be vacated is
designated as 2901 square feet or 0.07 acres on the plat entitled
"Subdivision of Spruce street, Lynnhaven Borough-Virginia Beach,
Virginia" dated November 12, 1992 by Miller-Stephenson &
Associates, P.C.)
which plat is to be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, upon adoption of
this ordinance, and is made a part hereof by reference.
GPIN #
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.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the city of Virginia Beach,
Virginia, and indexed in the name of the city of Virginia Beach as
Grantor.
Adopted:
FINAL APPROVAL:
January 12, 1993
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PUBliC HEARING
ITEM 1# 36417
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council APPROVED the
application of GRAYSON M. WHITEHURST for a Variance to Section 4.4(d) of the Subdivision
Ordinance which requires that all lots have direct access to a public street.
Appeal from Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Grayson M.
Whitehurst. Property is located south of the southern terminus of Sykes
Avenue. LYNNHA VEN BOROUGH
The following conditions shall be required:
1.
The revised plan shown to the Planning Commission on
December 9, 1992, with access west to Oceana Boulevard, shall
be adhered to.
2.
At the time of detailed site plan review, the applicant shall
provide information regarding the storage of raw and
manufactured products and site design criteria for protecting
surface and groundwater.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vzce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
STATEMENT OF CONSENT
APPLICANT:
GRAYSON M. WHITEHURST
APPLICATION:
Variance -
Sykes Avenue
(Lynnhaven Borough)
DESCRIPTION:
Section 4.4(d), Subdivision Ordinance
(direct access to a public street)
CITY COUNCIL SESSION:
January 12, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1.
The revised plan shown to the Planning Commission on
December 9, 1992, with access West to Oceana Boulevard, shall
be adhered to.
2.
At the time of detailed site plan review, the applicant shall provide
information regarding the storage of raw and manufactured
products and site design criteria for protecting surface and
groundwater.
By'
Owner
Date: /-/¿!-;?3
I1mLlll::::lL1.
PUBliC HEARING
- 23-
ITEM 1# 36418
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council ADOPTED the
Ordinance upon application of WIUAMCO DEVELOPMENT CORPORATION for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF WIUAMCO DEVELOPMENT
CORPORATION FOR A CONDITIONAL USE PERMIT FOR FILLING
A BORROW PIT RO1931796
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WIUAMCO Development Corporation for
a Conditional Use Permit for filling a borrow pit on the east side of
Barrs Road, 98.90 feet north of Evelyn Avenue. Said parcel is located at
1256 Barrs Road and contains 3.44 acres. BAYSIDE BOROUGH.
The following conditions shall be required:
1.
Fill material shall only be inert matter such as concrete rubble,
brick, soil and sand.
2.
The fence along Ba"s Road is to be replaced and shall have a
lockable gate.
3.
"No dumping" signs shall be posted along Barrs Road.
4.
The Conditional Use Permit shall be for a five-year period.
5.
Hours of operation will be limited to the hours of 8 AM to 5
PM Monday through Friday. At such time as the surrounding
neighborhood has been relocated, Saturday operating will be
permitted.
6.
The existing water within the pit shall not be discharged into
the area's existing drainage system without staff approval. A
site plan indicating Best Management Practices may be
required to meet requirements for any discharging into the
existing drainage system.
7.
All existing non-inert matter such as discarded tires, fifty-five
gallon drums, wood, etc., shall be removed from the site. The
site must be inspected by appropriate City staff prior to the
commencement of filling operations to insure the fulfillment of
this condition.
8.
Once the filling operating has been completed, the site shall be
topsoiled, graded and seeded.
9.
A maximum of thirty (30) truck trips per day will be allowed.
January 12, 1993
- 24-
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PUBliC HEARING
ITEM 1# 36418 (Continued)
PLANNING BY CONSENT
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
VIrginia, on the Th.fjfth of January. Nineteen
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
APPLICANT:
APPLICATION:
DESCRIPTION:
STATEMENT OF CONSENT
WILJAMCO DEVELOPMENT CORPORATION
Conditional Use Permit -
Barrs Road/Evelyn Avenue
(Bayside Borough)
Filling a borrow pit
CITY COUNCIL SESSION:
January 12, 1993
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
By:
1.
Fill material shall only be inert matter such as concrete rubble,
brick, soil and sand.
2.
The fence along Barrs Road is to be replaced and shall have a
lockable gate.
3.
IINo dumpingll signs shall be posted along Barrs Road.
4.
The Conditional Use Permit shall be for a five-year period.
5.
Hours of operation will be limited to the hours of 8 AM to 5 PM
Monday through Friday. At such time as the surrounding
neighborhood has been relocated, Saturday operating will be
permitted.
6.
The existing water within the pit shall not be discharged into the
area's existing drainage system without staff approval. A site plan
indicating Best Management Practices may be required to meet
requirements for any discharging into the existing drainage system.
7.
All existing non-inert matter such as discarded tires, fifty-five
gallon drums, wood, etc., shall be removed from the site. The site
must be inspected by appropriate City staff prior to the
commencement of filling operations to insure the fulfillment of this
condition.
8.
Once the filling operating has been completed, the site shall be
topsoiled, graded and seeded.
9.
A maximum of thirty (30) truck trips per day will be allowed.
Attorney/Agent
Date:
/ h :1-/9;1
/ /
- 25-
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PUBliC HEARING
ITEM 1# 36419
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council ADOPTED
Ordinances upon application of THOMAS A. & EDITH G. liNDSEY for Changes of Zoning:
ORDINANCE UPON APPLICATION OF THOMAS A. & EDITH G.
LINDSEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B- 2 to I-I ZO1931372
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thomas A. & Edith G. Lindsey for a
Change of Zoning District Classification from B-2 Community Business
District to I-I Light Industrial District on Lots 13 through 17, Block 37,
Euclid Place. The proposed zoning classification change to 1-1 is for
light industrial land use. The Comprehensive Plan recommends use of
this parcel for retail service use. Said property is located at 4911, 4915
and 4919 Potomac Street and contains 15,624.9 square feet. BAYSIDE
BOROUGH
AND,
ORDINANCE UPON APPLICATION OF THOMAS A. & EDITH G.
LINDSEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-3 TO I-I ZO1931373
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACII, VIRGINIA
Ordinance upon application of Thomas A. & Edith G. Lindsey for a
Change of Zoning District Classification from B-3 Central Business
District to I-I Light Industrial District on Lots 7 through 12, 29 through
31, 21, 22 and 34 through 39, Block 37, Euclid Place. The proposed
zoning classification change to 1-1 is for light industrial land use. The
Comprehensive Plan recommends use of this parcel for Retail Service
use. Said property is located at 4925 through 4929 Potomac Street and
4920 Cleveland Street and contains 1.22 acres. BAYSIDE BOROUGH
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of VIrginia Beach, VIrginia, on the iliJ:Jfth of January. Nineteen
undred and Nin - ree.
January 12, 1993
- 26-
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PUBLIC HEARING
ITEM 1# 36419 (Continued)
PLANNING BY CONSENT
Voting:
8-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and
Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
Council Members Abstaining:
Vice Mayor WIlliam D. Sessoms, Jr.
Vice Mayor Sessoms ABSTAINED as he conducts business with Thomas A. and Edith G. Lindsey.
January 12, 1993
- 27-
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PUBliC HEARING
ITEM # 36420
PLANNING
Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council APPROVED the
Request for WAIVER of the open space reservation required by Section 4.5(a) of the Subdivision
Ordinance for the DRISKILL V ALLEY SUBDIVISION.
A park reservation totaling .87 acres was required with the Subdivision of DriskiU Valley. The developer
has agreed to provide a $5,000 cash payment in lieu of providing the reservation. Cash obtained through
this payment will be applied to improvements to Woodstock and Woodstock Cove neighborhood parks. The
developer has agreed to preserve most of the trees in the development.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and nee Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Paul J. Lanteigne
January 12, 1993
~
PUBliC HEARING
PLANNING
- 28-
ITEM #I 36421
Billy George, 312 West Bute Street, Phone: 622-9622, represented the YMCA of South Hampton Roads.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED an
Ordinance upon application of YMCA OF SOUTH HAMPTON ROADS for a Conditional Use Permit
for a YMCA and a child care center:
ORDINANCE UPON APPLICATION OF YMCA OF SOUTH HAMPTON
ROADS FOR A CONDITIONAL USE PERMIT FOR A YMCA AND A
CHILD CARE CENTER RO1931797
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of YMCA of South Hampton Roads for a
Conditional Use Permit for a YMCA and a child care center north side
of Laskin Road 220 feet more or less west of Wznwood Drive. Said parcel
is located on Parcel 22, Hilltop East Shopping Center, and contains 2.5
acres. LYNNHAVEN BOROUGH
The following conditions shall be required:
1.
All existing public and private easements shall be maintained
or relocated.
2.
The outdoor swimming pools shall be closed between the hours
of 8 P.M. and 9 A.M.
3.
A six foot wooden privacy fence shall be erected from the north
property line of the Miller's property to the south line of the
Iwanosky's property. The fence is to be erected between the
crest of the berm and the western property line of the
referenced residential lots. The exact location of the fence and
the fence material will be agreed upon later. The fence shall be
erected prior to the construction of the YMCA.
4.
The swimming pools shall be located on the western portion of
the site and at least 150 feet from the northern property line.
5.
All parking shall be located on the southern portion of the
property.
6.
All outdoor lighting shall be directed away form adjoining
residentially zoned property.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the mrlfth of January. Nineteen
Hundred an Nine - r e.
January 12, 1993
- 29-
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PUBliC HEARING
ITEM # 36421 (Continued)
PLANNING
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf
Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
- 30-
~
PUBUC HEARING
ITEM # 36422
PLANNING
Attorney Sonny Stallings, represented the applicant
Lieutenant Commander Dwight Lawrence, NAS Oceana, Phone: 433-3131, registered in OPPOSITION.
Lieutenant Commander Lawrence advised the parcel lies in the AICUZ 3 Noise Area. Letter of Captain
J. W. Craine, Commanding Officer/Oceana, is hereby made a part of the record.
Upon motion by Councilman Brazier, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of PHILIP MOSSER for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF PHILIP MOSSER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I -1 TO
AG-1 ZO1931374
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Philip Mosser for a Change of Zoning
District Classification from I -1 Light Industrial District to AG-1
Agricultural District on certain property located 11 ()() feet more or less
southwest of the intersection of Potters Road and Dalebrook Drive. The
proposed zoning classification change to AG-1 Agricultural District is
for agricultural land use. The Comprehensive Plan recommends use of
this parcel for Business/Research use. Said parcel contains 3.05 acres.
LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of VIrginia Beach, VIrginia, on the T1fl4fth of January. Nineteen
Hundred a dine - ree.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
- 31 -
~
PUBliC HEARING
ITEM #I 36423
PLANNING
April Marr Walker, 332 Great Neck Road, Suite 102, Phone: 340-2109, represented the applicant.
James G. Hogan, 332 North Great Neck Road, Phone: 340-1504, represented the applicant
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED
Ordinances upon application of CHURCH POINT ASSOCIATES for a Change of Zoning and
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHURCH POINT ASSOCIATES
FOR A CHANGE OF ZONING FROM R-4O TO AG-2 ZO1931375
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Church Point Associates for a Change of
Zoning District Classification from R-4O Residential District to AG-2
Agricultural District on Lot 42A, Church Point. The proposed zoning
classification change to AG-2 is for agricultural land use at a density no
greater than 1 dwelling unit per acre. The Comprehensive Plan
recommends use of this parcel for Suburban Medium Density Residential
at densities that are compatible with single family use in accordance with
other Plan policies. Said parcel is located at 4001 Church Point Road
and contains 1 acre more or less. BAYSIDE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF CHURCH POINT ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR A COUNTRY INN (BED &
BREAKFAST) RO 19 31798
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACll, VIRGINIA
Ordinance upon application of Church Point Associates for a Conditional
Use Permit for a country inn (bed & breakfast) on Lot 42A, Church
Point. Said parcel is located at 4001 Church Point Road and contains 1
acre more or less. BAYSIDE BOROUGH.
The following conditions shall be required:
1.
One parking space for each guest bedroom is required in
addition to the two spaces required for the residential use.
2.
A stormwater management plan will be required at the time of
detailed site plan review.
3.
Prior to site plan approval on the proposed addition, the site
shall be rezoned to Historic and Cultural District Overlay.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Thf:Jfth of January Nineteen
Hundred and in - Thr e.
January 12, 1993
- 32-
~
PUBUC HEARING
ITEM 1# 36423 (Continued)
PLANNING
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor WIlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne,
January 12, 1993
- 33 -
l1f:mJll::LL.
~
Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED:
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
Cathy Foussekis
Local Official
Carolyn Smith
Donna Zoby Heuneman
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne,
January 12, 1993
- 34-
~
~
Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED:
REVIEW AND ALLOCATION COMMITTEE (COIG)
Priscilla Beede
Chair
Van Cunningham
Irvine Beard
Daryl Scott
Timothy Jackson
3 year terms
2/1/93 - 1/31/96
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne,
January 12, 1993
- 35-
~
NEW BUSINESS
ITEM # 36426
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution requesting the City Manager to pursue the possibility of a
Grand Prix Automobile Race in the City of Virginia Beach.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor WIlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
Requested by Mayor Meyera E. Oberndorf
A RESOLUTION TO AUTHORIZE AND REQUEST THE CITY
MANAGER TO PURSUE THE CONDUCT OF A GRAND-PRIX
TYPE AUTOMOBILE RACE IN VIRGINIA BEACH
WHEREAS:
The City has previously studied the feasibility of a Grand Prix
Automobile Race;
WHEREAS:
That study indicated a positive fiscal impact for the City;
WHEREAS:
The TGIF initiative and the current events programs would be
supported and enhanced by such a race;
WHEREAS:
There appears to be significant interest within the business
community to assist in sponsorship and promotion of such an event;
and,
WHEREAS:
It will require some time and significant staff effort to secure
and organize such a race.
NOW, THEREFORE, BE IT RESOLVED: That the City Manager is authorized and
requested to pursue the conduct of a Grand-Prix type automobile race in
Virginia Beach at such future date and location as might be feasible and
with as much private-sector sponsorship as can be reasonably secured.
ADOPTED:
January 12, 1992
- 36-
~
NEW BUSINESS
ITEM # 36427
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council DEFERRED until
the City Council Session of February 9, 1993:
Resolution directing the Planning Commission review the existing zoning
on property in the vicinity of Wesleyan Drive, Diamond Springs Road and
Newtown Road owned by Mr. and Mrs. John G. Williams, Sr. to
determine if reclassification from residential to agriculture is
appropriate. (BAYSIDE BOROUGH).
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
- 37-
~
NEW BUSINESS
ITEM # 36428
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Jones, City Council AGREED TO ADD TO
THE AGENDA:
Resolution requesting the General Assembly adopt legislation to allow the
establishment of a Volunteer Prosecutor Program in the Commonwealth
Attorney's Office.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor Wzlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
- 38-
~
NEW BUSINESS
ITEM # 36429
ADD-ON
Commonwealth 's Attorney Robert J. Humphreys, spoke in SUPPORT of the Resolution.
Upon motion by Councilman Moss, seconded by VIce Mayor Sessoms, City Council ADOPTED:
Resolution requesting the General Assembly adopt legislation to allow the
establishment of a Volunteer Prosecutor Program in the Commonwealth
Attorney's Office.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor WIlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
RESOLUTION AS REQUESTED BY MAYOR MEYERA OBERNDORF.
RESOLUTION REQUESTING THE GENERAL ASSEMBLY ADOPT
LEGISLATION TO ALLOW THE ESTABLISHMENT OF A VOLUNTEER
PROSECUTOR PROGRAM IN THE COMMONWEALTH ATTORNEY'S OFFICE.
WHEREAS: The Office of the Commonwealth Attorney
responsible for prosecuting violations of the state Code;
is
WHEREAS:
state funding for the office has fallen behind in
recent years;
WHEREAS:
This insufficient funding has caused a shortage of
prosecutors;
WHEREAS: The Commonwealth Attorney has been forced to
prioritize the cases that may be prosecuted, thereby resulting in
the reduction in prosecutorial efforts against those charged with
lesser offenses; and
WHEREAS: Delegate Robert McDonnell introduced legislation to
the 1992 Session of the General Assembly, which was carried over to
the 1993 Session that would allow local attorneys to be involved in
a pro bono prosecutors programs which will provide free
prosecutorial assistance to the Commonwealth Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach that Delegate McDonnell is to be congratulated for
his efforts in attempting to assist the Commonwealth Attorney's
Office with this innovative use of volunteer resources; and
BE IT FURTHER RESOLVED that the General Assembly of Virginia
is requested to adopt legislation that would allow volunteer
prosecutors to assist the office of Commonwealth Attorney in the
City of virginia Beach.
Resolved by the Council of the City of Virginia Beach on 12
day of January , 1993.
- 39-
~
NEW BUSINESS
ITEM # 36430
ADD-ON
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD
TO THE AGENDA:
A Resolution expressing support for Legislation before the General
Assembly regulating the SIlle and distribution of handguns and other
weapons and controlling the unlawful use of such firearms.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and Vice Mayor Wzlliam D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
- 40-
~
NEW BUS/NESS
ITEM # 36431
ADD-ON
Upon motion by Councilman Clyburn, seconded by VIce Mayor Sessoms, City Council ADOPTED:
A Resolution expressing support for Legislation before the General
Assembly regulating the sale and distribution of handguns and other
weapons and controlling the unlawful use of such firearms.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy
K Parker and VIce Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Paul J. Lanteigne
January 12, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Requested by Councilman Robert W. Clyburn
1
2
3
4
5
6
A RESOLUTION EXPRESSING SUPPORT FOR
LEGISLATION BEFORE THE GENERAL
ASSEMBLY TO REGULATE THE SALE AND
DISTRIBUTION OF HANDGUNS AND OTHER
WEAPONS AND TO CONTROL THE UNLAWFUL
USE OF SUCH FIREARMS
7
WHEREAS, the proliferation of handguns and other firearms,
8
many of which have been acquired by irresponsible and lawless
9
persons, has fostered a wave of violent criminal activity across
our
nation,
contributing
in
many
atmosphere
of
fear
to
an
communities;
WHEREAS,
our own City has in recent years experienced an
increase in serious crimes involving the use of firearms;
WHEREAS, Governor L. Douglas Wilder and several members of the
Virginia Legislature have proposed for consideration by the General
Assembly significant anti-crime legislation which would include
limiting gun sales to one per month and the imposition of other
reasonable restrictions to discourage trafficking in firearms and
to control their unlawful use:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Council expresses its strong support for anti-crime
legislation
which
impose
additional
restraints
would
on
the
acquisition, transfer and unlawful use of firearms, and urges the
passage of such legislation by the 1993 General Assembly.
Adopted
Council
Beach,
City
Virginia
by
the
of
the
of
virginia, on the
12
, 1993.
day of January
CA-4982
ORDIN\NONCODE\FIREARMS.RES
R-1
PREPARED: JANUARY 7, 1993
- 41 -
/1!:m...llI.=K:
NEW BUSINESS
ITEM # 36432
ADD-ON
Councilman Moss reminded City Council of the Resolution regarding the Stormwater Utüity Fee
SCHEDULED for the City Council Session of January 26, 1993.
January 12, 1993
- 42-
~
ADJOURNMENT
ITEM # 36433
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at
2:55 P.M.
Q~--fJ~~----
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~~--------
Ruth Hodges Smith, CMC/AAE
City Clerk
------------------------
Meyera E. Oberndorf
Mayor
City of Vzrginia Beach
Vzrginia
January 12, 1993