JUNE 8, 1993 MINUTESof
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN A BAUM, Blackwater Borough
LI~IWOOD 0 BRANCH Ill Vtrgmza Beach Borough
JAMES W BRAZIER, JR, Lynnhaven Borough
ROBER F W CLYBURN, Kempsvtlle Borough
ROBERT K DEAN, Princess Anne Borough
LOUIS R JONES, Bays~de Borough
PAUL J LANTEIGNE, Pungo Borough
JOHN D MOSS, At Large
NANCY K PARKER, At-Large
]AMES K SPORE, Cay Manager
LESLIE L LILLEY, C~t¥ Attorney
RUTH HODGE$ SMITH, CMC ~ AAE, Cay Clerk
CITY COUNCIL AGENDA
281 ~ H Y tt4LL BUILDING
MUNICIP 4L ( F~q] ER
VIR(,IN'I4 BEA( H VIRGINI4 2 ~45o 9005
t804~ 427 430~
JUNE 8, 1993
I. INFORMAL SESSION
- Council Chamber -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndod
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
II. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Larry Shoaf
Virginia Beach Community Chapel
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 -June 1, 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.
.
Ordinance to AMEND and REORDAIN Section 2-425 of the Code of the City of Virginia
Beach, Virginia, re Department of Emergency Medical Services for false
representation of certification.
.
Ordinance to AMEND and REORDAIN Sections 21-116, 21-119, 21-130, 21-247, 21-
273, 21-312, 21-342 and 21-364 of the Code of the City of Virginia Beach, Virginia, and
ADDING Section 21-260, re Motor Vehicle and Traffic Code.
.
Ordinance to AMEND and REORDAIN Section 21-338 of the Code of the City of Virginia
Beach, Virginia, re chemical testing for blood alcohol.
.
Ordinance to AMEND and REORDAIN Sections 23-7, 23-26 and 23-34 of the Code of
the City of Virginia Beach, Virginia, re misdemeanor offenses.
.
Ordinance declaring certain property owned by London Mews Associates (formerly Point
O' Woods Co.) at Great Neck Road South of Rustwood Lane as EXCESS property; and,
authorizing the City Manager to dispose of same.
.
Ordinance to ACCEPT and APPROPRIATE $2,500 from Virginia Department of Housing
and Community Development to the Department of Housing and Neighborhood
Preservation re emergency home repair program.
.
Ordinance to ACCEPT and APPROPRIATE $150,000 from Virginia Housing Partnership
Fund's Indoor Plumbing/Rehabilitation Program re housing rehabilitation.
8. Ordinance re Virginia Department of Transportation (VDOT):
a.
TRANSFER $2,860,397 to Constitution Drive #2-007 re reimburse the State for
expenditures;
AND,
APPROPRIATE $2,811,357 to Indian River Road Phase V #2-080 as State
revenues.
9. Ordinances re Community Development Block Grant Funds:
ao
b.
TRANSFER $148,776 w~thin the Department of Housing and Neighborhood
Preservation re indirect costs, capital projects and emergency housing
repairs.
TRANSFER $50,000 from the Community Development Special Revenue Fund
and Loan and Grant Fund to Seatack lib (CIP 2-984) re additional street
improvements.
10.
Ordinance to TRANSFER $687,000 in surplus funds from various ClP Projects to other
ClP Projects re align available appropriations with current and projected
expenditures.
11.
Ordinance to TRANSFER $201,767 from the General Fund Reserve for contingencies
to the Virginia Beach Juvenile Probation Department re detention and group home
services.
12.
Ordinance authorizing the City Manager to TRANSFER $100,000 from the Economic
Development Investment Program Account to the Virginia Beach Development
Authority re underwrite portion of the costs of on-site infrastructure improvements to
Ernest & Young's regional headquarters.
13.
Ordinance authorizing acquisition of perpetual easements for traffic control signals and
temporary construction easements (CIP 2-816), either by agreement or condemnation at:
a. Pacific Avenue and 17th Street
b. Atlantic Avenue and 83rd Street
14.
Ordinance appointing viewers ~n the petition of the City of Virginia Beach for the
closure of a portion of 19th Street between Arctic and Pacific Avenues (VIRGINIA BEACH
BOROUGH).
15.
Resolution approving location and design of South Plaza Trail and requesting Virginia
Department of Transportation (VDOT) to acquire the rights-of-way.
16.
Request for Access from Ferrell Parkway for Hampton Roads Sanitation District
Kempsville Booster Pump Station.
17.
Application for Annual Permit Renewal for private, municipal and non-profit organizations
operating emergency medical service agencies or vehicles within the City, pursuant
to Section 10.5-2 of the City Code.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Chesapeake Emergency Medical Services
Children's Hospital of the Kings Daughters
Eastern Medical Transport
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk F~re and Paramedical Services
Ocean Rentals Ltd
Virginia Beach L~fesaving Service
H. RESOLUTIONS
.
Resolution approving issuance of the Virginia
REFUNDING BOND:
Pembroke Lake Apartment Associates, Ltd.
Beach Development Authority's
$10,000,000
.
Resolution supporting efforts of the State Supreme Court to utihze the Commonwealth's
savings from transporting prisoners by a~rplane re purchase of new airplane for the
Virginia Beach Police Department; and, committing the City provide funding resources
up to $225,000 in value to complete the purchase.
I. PUBUC HEARING
1. PLANNING BY CONSENT
a.
Application of DORIS ALSTON for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires all lots created to meet all requirements of the City
Zoning Ordinance and Section 4.4(d) which requires that all lots created have
access to a public street, at 4875 Baxter Road (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
b.
Application of RONELL NICHOLS for a Conditior~al Use Permit for a church on the
North side of Providence Road, 500 feet more or less West of College Park
Boulevard (6421 Providence Road), containing 23,696 square feet (KEMPSVlLLE
BOROUGH).
Recommendation:
APPROVAL
C.
Application of MID-ATLANTIC BOAT STORAGE & MID-ATLANTIC
ENGINEERING for a Conditional Use Permit for bulk storage and an automotive
repair garage on the North side of Potters Road, 565 feet West of First Colonial
Road (1732 Potters Road), containing 2.129 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
d.
Application of EUROPEAN AUTOWERKS, INC. for a Conditional Use Permit for
an automotive repair facihty on the South side of Virginia Beach Boulevard, 530.80
feet West of Toy Avenue (5461 Virginia Beach Boulevard), containing 41,817.6
square feet (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
2. PLANNING
a.
Petition of THOMAS W. GODFREY, SR. and MARGARET C. GODFREY for the
discorltinuance, closure and abandonment of a portion of a cul-de-sac on the
East side of Bray Road, 329.61 feet North of Lynn Acres Road, containing 1,943
square feet (LYNNHAVEN BOROUGH).
Deferred:
Deferred for Compliance:
November 24, 1992
December 8, 1992
Recommendation:
DEFER: ADDITIONAL 180 DAYS
b.
Application of DOROTHY G. CALDWELL for a Condibonal Use Permit for a home
occupation (inco.me tax and accounting service) at the Northeast corner of Hidden
Valley Drive and Blue Knob Road (1973 H~dden Valley Drive), containing 8,276
square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
J. APPOINTMENTS
FRANCES LAND HOUSE BOARD OF GOVERNORS - Resignation
HAMPTON ROADS PLANNING DISTRICT COMMISSION
K. UNFINISHED BUSINESS
1. Discussion: Management Information Systems Integration
2. Reapportionment - 7-4 Electoral Plan Process - Options
L NEW BUSINESS
1. COUNCIL-SPONSORED ITEM:
a.
Resolution approving public recreation and construction easement agreements
at Sandbridge and establishing a special Tax District.
(Sponsored by Councilman Paul J. Lanteigne)
M. ADJOURNMENT
CITY COUNCIL RECESS
JULY 14 - 31, 1993
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
6/01/93bp
AGENDA\6-8-93.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rginia
June 8, 1993
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, June 8, 1993, at 1'30
P.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndo~ and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Robert W.. Clyburn
[ENTERED: 1:40 P.M.]
Nancy IC Parker [ENTERED: 1.35 P.M.]
-2-
ITEM #36877
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 amendea~ for the following purposes:
PERSONNEL MATTERS: 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: Boards and Commissions:
Francis Land House Board of Governors
Hampton Roads Planning District Commission
LEGAL M,4TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7)
To-Wit: Reapportionment
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, Linwood O. Branch, III, James W. Brazier, Jr., Robert
K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn and Nancy IC Parker
June 8, 1993
-3-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
June 8, 1993
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, June 8, 1993, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Absent:
None
INVOCATION:
Reverend Larry Shoal
Virginia Beach Community Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 8, 1993
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 # 36877 Page No. 2, 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.
~a~h Hodges S~ith, CMC/AAE
City Clerk
June 8, 1993
-4-
Item II-E. 1.
CERTIFIC,4TION OF
EXECUTIVE SESSION
ITEM #36878
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIFE 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: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
-5-
Item II-F. 1.
MINUTES
ITEM #36879
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of June 1, 1993.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IcL Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members P'oting Nay:
None
Council Members Absent:
None
June 8, 1993
-6-
Item II-F. 2.
ANNOUNCEMENT
ITEM #36880
Mayor Oberndorf referenced the pins "SAVE OCEANA, NAS" in front of each Council Member. These
were distributed to City Council and others in an effort to notify the BRAC COMMISSION the City of
Virginia Beach is unstinting in its support of Oceana as a MASTER JET BASE.
June 8, 1993
-7-
Item II-G.
CONSENT AGENDA
ITEM #36881
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council APPROVED in
ONE MOTION Items L 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 16 and 17.
Items 8, 9, 14 and 15 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
-8-
Item II-G. 1
CONSENT AGENDA
ITEM 1136882
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-425 of the Code of
the City of Virginia Beach, Virginia, re Department of Emergency
Medical Services for false representation of certification.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
Si,-;'
APPRO¥,:-,.) ,",~ T ) ' -"GAl.
' ,~~,C 'r':~"C't A"~; ,'C, RM
SECTION 2-425 OF THE CODE OF THE CITY ATTORN[Y
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DEP~TMENT OF
EMERGENCY MEDICAL SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-425 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Section 2-425. Backgroun4 investigations of applicants for
certification; false representation of
certification unlawful.
(a) In order to determine if any past criminal conduct or
motor vehicle driving record of any applicant for certification by
the director of emergency medical services would be compatible with
the nature of the position under consideration, the following shall
be followed:
(1) Each such applicant shall furnish a classifiable set of
fingerprints to the department of police.
(2) The chief of police and members of the department of
police acting in his name and the director of emergency
medical services or an investigator designated by the
director within the department of emergency medical
services, are authorized to conduct a field investigation
and directed to conduct criminal record checks on each
such applicant.
(3) The chief of police or a member of the police department
acting on his behalf, or an investigator designated by
the director of emergency medical services, shall prepare
a factual summary of the background investigation and
criminal records check of each applicant and transmit
such summary to the director of emergency medical
services for the purpose of determining the fitness of
the applicant.
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(4) Background investigation and records checks include
records of all arrests and dispositions as an adult.
Records of arrests and dispositions, while an applicant
was considered a juvenile, shall be transmitted only when
authorized by a court order, court rule, court decision,
federal regulation or state statute authorizing such
dissemination.
(5) Criminal history records and information shall include
arrest and disposition data on file in the national crime
information center, the federal bureau of investigation,
the department of defense, the department of motor
vehicles, and all other federal, state and local law
enforcement agencies.
(6) Any applicant who is denied certification on the basis of
the investigation summary referred to in this section may
inspect that summary for the purpose of clarifying,
explaining or denying the accuracy of its contents.
(7) The chief of police and members of the police department
shall make no other dissemination to the director of
emergency medical services regarding the fitness of
applicants, except in the official summary report
referred to in this section.
(8) Use of criminal history record information disseminated
to the director of emergency medical services shall be
limited to the purpose for which it was given and may not
be disseminated further.
(b) It shall be unlawful and a Class · ~ misdemeanor for any
person not appropriately certified by the director of emergency
medical services to represent himself to be a certified emergency
medical care attendant, or while wearing any uniform or insignia
resembling that of an emergency medical care attendant, to perform
any act or function of patient care which is regulated by the
department of emergency medical services; provided that this
section shall not render unlawful the providing of emergency care
or assistance as set forth in Virginia Code section 8.01-225.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the ~th day of .T,,.,..,.. , 1993.
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CA-5134
\ORDIN~PROPOSED~02-425. PRO
R-1
PREPARED: May 17, 1993
-9-
Item II-G. 2
CONSENT AGENDA
ITEM #36883
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-116, 21-119,
21-130, 21-247, 21-273, 21-312, 21-342 and 21-364 of the
Code of the City of Virginia Beach, Virginia, and ADDING Section
21-260, re Motor Vehicle and Traffic Code.
Voting: 11-0
Council Members Voting Aye:
John ,/1. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera £. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June & 1993
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Ar, 2OV=D AS TO LEGAL
SECTIONS 21-116, 21-119, 21-130, 21--' -~TY ATTORNEY
247, 21-273, 21-312, 21-342 AND 21-
364 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AND ADD A
SECTION 21-260, PERTAINING TO MOTOR
VEHICLE AND TRAFFIC CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-116, 21-119, 21-130, 21-247, 21-273, 21-312,
21-342 and 21-364 of the Code of the City of Virginia Beach,
Virginia, are hereby amended and reordained and Section 21-260 is
hereby added to read as follows:
Section 21-116. Obstructions to windshield or windows generally.
(a) Except as otherwise provided in this article or permitted
by state or federal law, ;it shall be unlawful for any person to
operate any motor vehicle upon a highway within the city with any
sign, poster, colored or tinted film or sunshading material or
other colored er ~-~ ........ ~ ~
........... p ...... material ~' "'"~ "' '"
......... on the
windshield, front or rear side windows or rear windows of such
motor vehicle ~^- ~ ...... ~" ~ ~ .... ~ ......... '"'"' ': ""'"'~ ~'"'
This provision, however, shall not apply to any certificate or
other paper re~ired by law or pe~itted by the superintendent to
be placed on a motor vehicle's window or windshield.
(b) Notwithstanding the provisions of subsection (a) of this
section, whenever a motor vehicle is e~ipped with a mirror on each
side of such vehicle, so located as to reflect to the operator of
such vehicle a view of the highway for a distance of not less than
two hundred (200) feet to the rear of such vehicle, any or all of
the following shall be lawful:
(1) To opcrate drive a motor vehicle equipped with one
optically grooved clear plastic right-angle rear
view lens attached to one rear window of such motor
vehicle, not exceeding eighteen (18) inches in
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diameter in the case of a circular lens or not
exceeding eleven (11) inches by fourteen ( 14 )
inches in the case of a rectangular lens, which
enables the operator of the motor vehicle to view
below the line of sight as viewed through the rear
window./_ '
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(2) To have affixed to the roar side windows, rear
window or windows of a motor vehicle any sticker or
stickers, regardless of size; or
._.4 ...,,~,,~._. .-...,- ...4 ......3..,...,-. --4: .-~ -.,,.4-,,,.. ..--1, -: .-,1 .-. .....~.. .-. , , ,.., ,.~l~ .-, .a 4 .~.~.
w~ .i. ~ 1., q.,~ %., %., ~.~ %./.i..i. u w,.. ~.,LA A%.~ ~ AA .i.T.,AA
(~3) To ~ drive a motor vehicle when the driver's
clear view of the highway through the rear window
or windows is otherwise obstructed.
(c) Except as provided in Code of Virginia section 46.2-1053,
but notwithstanding the foregoing provisions of this section, no
sunshading or tinting film may be applied or affixed to any window
of a motor vehicle unless such motor vehicle is equipped with a
mirror on each side of such motor vehicle, so located as to reflect
to the driver of the vehicle a view of the highway for at least 200
feet to the rear of such vehicle, and the sunshading or tinting
film is applied or affixed in accordance with the following:
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No sunshading or tinting films may be applied or
affixed to the rear side windows or rear window or
windows of any motor vehicle operated on the
highways of this city that reduces the total light
transmittance of such window to less than thirty-
five percent;
(2) No sunshading or tinting films may be applied or
affixed to the front side windows of any motor
vehicle operated on the highways of this city that
reduces total light transmittance of such window to
less than fifty percent;
(3) No sunshading or tintinq films shall be applied or
affixed to any window of a motor vehicle that has a
reflectance of light exceeding twenty percent;
(4) Any person who operates a motor vehicle on the
highways of this city with sunshadinq or tinting
films that has a total light transmittance less
than that required by subdivisions 1 and 2 of this
subsection or a reflectance of light exceeding
twenty percent shall be guilty of a traffic
infraction but shall not be awarded any demerit
points by the commissioner for the violation;
(5) Any person or firm who applies or affixes to the
windows of any motor vehicle in this city
sunshading or tinting films that reduce the light
transmittance to levels less than that allowed in
subdivisions 1 and 2 of this subsection or that
have a reflectance of light exceeding twenty
percent shall be guilty of a Class 3 misdemeanor
for the first offense and of a Class 2 misdemeanor
for any subsequent offense.
Cd) The Virginia Division of Purchases and Supply, pursuant
to Code of Virginia section 2.1-446, shall determine the proper
standards for equipment or devices used to measure light
transmittance through windows of motor vehicles. Law-enforcement
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officers shall use only such equipment or devices to measure light
transmittance through windows that meet the standards established
by the Division. Such measurements made by law-enforcement
officers shall be given a tolerance of minus seven percentage
points.
(e) No film or darkening material may be applied on the
windshield except to replace the sunshield in the uppermost area as
installed by the manufacturer of the vehicle.
(e_f) Nothing in this section shall be construed as prohibiting
the affixing to the rear window of a motor vehicle of a single
sticker no larger than twenty (20) square inches in area if such
sticker is totally contained within the lower five (5) inches of
the glass of such rear window, nor shall the provisions of
subsection (b) of this section be applied to a motor vehicle to
which but one such sticker is so affixed.
(~) Operation of a vehicle equipped by the manufacturer with
tinted glass conforming to federal Department of Transportation
specifications shall not constitute a violation of this section.
(e_h) Where a person is convicted within one year of a second
or subsequent violation of this section, or of section 46.2-1052 of
the Code of Virginia, involving operation of the same vehicle
having a tinted or smoked windshield, the court, in addition to any
other penalty, may order the person so convicted to remove such
tinted or smoked windshield from the vehicle.
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Section 21-119. Signal devices.
(a) Any motor vehicle, trailer or semitrailer which is so
constructed or carries a load in such a manner as to prevent a
hand-and-arm signal required by section 21-237 from being visible
both to the front and rear of such vehicle, or any vehicle the
driver of which is incapable of giving the required hand-and-arm
signals, shall be equipped with a mcchanlcal or electrical turn
signal~ ~m~iee which meet~ the requirements of the state law and is
are of a type that has been approved by the superintendent;
provided, that a tractor truck need not be equipped with mcchanical
or electrical turn signal~ dcvlccs on the rear, if it is equipped
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with double-faced signal lamps lights mounted on the front fenders
or on the sides near the front of the vehicle clearly visible to
the rear.
(b) It shall be unlawful for any person to operate on any
highway in the city a motor vehicle registered in this state and
manufactured or assembled after January 1, 1955, unless such
vehicle is equipped with such a mechanical or electrical signal
device on both front and rear.
(c) Subsections (a) and (b) of this section shall not apply
to any motorcycle or to motor vehicles, trailers or semitrailers
used for agricultural or horticultural purposes which are exempted
from annual registration under sections 46.2-663 through 46.2-674
of the Code of Virginia.
(d) Every device intended and used to give a signal of
intention to turn a vehicle shall be so constructed and so
installed as to give a signal plainly visible, in clear weather and
under normal traffic conditions, from a distance of at least one
hundred (100) feet to the rear and one hundred (100) feet to the
front of the vehicle; provided that, no front signal shall be
required on vehicles manufactured or assembled before January 1,
1943. Every such device shall conform to the rules and regulations
adopted by the Superintendent pursuant to section 46.2-1039 of the
Code of Virginia.
Section 21-130. Alteration of suspension system.
No person shall operate upon any highway any motor vehicle
registered as a passenger motor vehicle if it has been modified by
alteration of its altitude from the ground to the extent that its
bumpers, measured to any point on the lower edge of the main
horizontal bumper bar, exclusive of any bumper guards, are not
within the range of fourteen (14) inches to twenty-two (22) inches
above the ground. Notwithstanding the foregoing provisions of this
section, the range of bumper heights for motor vehicles bearing
street rod license plates issued pursuant to Virginia Code section
46.2-747 shall be nine (9) to twenty-two (22) inches. No vehicle
shall be modified to cause the vehicle body or chassis to come in
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contact with the ground, expose the fuel tank to damage from
collision, or cause the wheels to come in contact with the body
under normal operation. No part of the original suspension system
shall be disconnected to defeat the safe operation of the
suspension system. However, nothing contained in this section
shall prevent the installation of heavy duty equipment, including
shock absorbers and overload springs. Nothing contained in this
section shall prohibit the operation on a public highway of a motor
vehicle with normal wear to the suspension system if such normal
wear does not adversely affect the control of the vehicle.
No person shall opcratc drive upon any highway any motor
vehicle registered as a truck if it has been modified by alteration
of its altitude from the ground to the extent that its bumpers,
measured to any point on the lower edge of the main horizontal
bumper bar, exclusive of any bumper guards, do not fall within the
limits specified herein for its gross vehicle weight rating
category. The front bumper height of trucks whose gross vehicle
weight ratings are 4,500 pounds or less shall be no less than
fourteen (14) inches and no more than twenty-eight (28) inches and
their rear bumper height shall be no less than fourteen (14) inches
and no more than twenty-eight (28) inches. The front bumper height
of trucks whose gross vehicle weight ratings are 4,501 pounds to
7,500 pounds shall be no less than fourteen (14) inches and no more
than twenty-nine (29) inches and their rear bumper height shall be
no less than fourteen (14) inches and no more than thirty (30)
inches. The front bumper height of trucks whose gross vehicle
weight ratings are 7,501 pounds to fiftccn thousand (15,000~ pounds
shall be no less than fourteen (14) inches and no more than thirty
(30) inches and their rear bumper height shall no less than
fourteen (14) inches and no more than thirty-one (31) inches. ~he
proves' .....~ .... ~ ~..~ ~~~..---~~ Bumper height limitations contained
in this section shall not apply to trucks with a gross vehicle
weight rating in excess of 10,000 pounds. For the purpose of this
~^ ~- "truck" -~ includes pickup and panel trucks
section, ..........
and "gross vehicle weight ratings" shall mean~ manufacturer's gross
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vehicle weight ratings established for that vehicle as indicated by
a number, plate, sticker, decal or other device affixed to the
vehicle by its manufacturer.
In the absence of bumpers, and in cases where bumper heights
have been lowered or modified, height measurements mentioned above
shall be made to the bottom of the frame rail. However, if bumper
heights have been raised, height measurements under the foregoing
provisions of this section shall be made to the bottom of the main
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horizontal bumper bar.
No vehicle shall be operated on a public highway if it has
been modified by any means so as to raise its body more than three
~3) inches, in addition to any manufacturer's spacers and bushings,
above the vehicle's frame rail or manufacturer's attachment points
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on the frame rail.
This section shall not apply to specially designed or modified
motor vehicles whenv~~ driven off the public highways in
races and similar events. Such motor vehicles may be lawfully
towed on the highways.
Any person who violates any provision of this section shall he
guilty of a traffic infraction and shall, upon conviction thereof,
be subject to a fine of not more than one hundred dollars
Section 21-247. Duty of drivers upon approach of emergency
vehicles.
(a) Upon the approach of any vehicle listed in subsection (a)
of section 21-16, which is giving audible signal by siren, exhaust
whistle or air horn designed to give automatically intermittent
signals, and which is displaying a flashing, blinking or
alternating emergency light or lights as provided in section 21-
150, the driver of every other vehicle shall~ ............. ~--^~~--~ as
quickly as traffic and other hiqhway conditions permit, drive his
vehicle to the nearest edge of the roadway, clear of any
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intersection, and shall stop and remain there, unless otherwise
directed by a law enforcement officer, until such vehicle shall
have passed. This provision shall not operate to relieve the
driver of any such vehicle to which the right-of-way is to be
yielded of the duty to drive with due regard for the safety of all
persons using the highway nor shall it protect the driver of any
such vehicle from the consequences of an arbitrary exercise of such
right-of-way.
(b) Violation of this section shall constitute failure to
yield the right-of-way.
Section 21-260. Evasion of traffic control devices.
It shall be unlawful for the driver of any motor vehicle to
drive off the roadway and onto or across any public or private
property in order to evade any stop sign, yield sign, traffic light
or any other traffic control device.
Section 21-273. Driving while license, permit or privilege to
drive suspended or revoked.
Except as otherwise provided in sections 46.2-304 and 46.2-357
of the Code of Virginia, no person, resident or nonresident, whose
driver's license, learner's permit or privilege to drive a motor
vehicle has been suspended or revoked or who has been directed not
to drive by any court or by the commissioner or by operation of law
pursuant to the provisions of Title 46.2 of the Code of Virginia or
this chapter, or who has been forbidden, as prescribed by law, by
the Commissioner, the State Corporation Commission, the
Commonwealth Transportation Commissioner, the State Highway
Commissioner, any court or the Superintendent of State Police, to
operate a motor vehicle in this Commonwealth, shall thereafter
drive any motor vehicle or any self-propelled machinery or
equipment on any highway in this city, unless and until the period
of such suspension or revocation shall have terminated.
For purposes of this section, the phrase "motor vehicle or any
self-propelled machinery or equipment" shall not include mopeds.
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A first offense of violating this section shall constitute a
Class 2 misdemeanor. A second or subsequent offense shall
constitute a Class 1 misdemeanor.
In addition to the above provided penalties, the court shall
suspend or revoke such person's license, permit or privilege to
drive for the same period for which it had been previously
suspended or revoked when such person violated this section. In
the event such person has violated this section by driving during
a period of suspension or revocation which was not for a definite
period of time, the court shall suspend or revoke such person's
license, permit or privilege to drive for an additional period not
to exceed ninety (90) days. Any additional suspension ordered
under the provisions of this section shall commence upon the
expiration of the previous suspension or revocation, unless such
previous suspension or revocation has expired prior to the ordering
of an additional suspension or revocation.
Any person who ..... ~ .... ~ ..... ~^ ~
~ .......... o ............ viol
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Section 21-312. Specific instances of reckless driving-~enerally.
A person shall be guilty of reckless driving who shall:
(1) Drive a vehicle which is not under proper control
or which has inadequate or improperly adjusted
brakes upon any highway of this city;
(2) While driving a vehicle, over take and pass another
vehicle proceeding in the same direction, upon or
approaching the crest of a grade or upon or
approaching a curve in the highway, where the
driver's view along the highway is obstructed,
except where the overtaking vehicle is being
operated on a highway having two (2) or more
designated lanes of roadway for each direction of
travel or on a designated one-way street or
highway;
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(3) Drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, as to
obstruct the view of the driver to the front or
sides of the vehicle or to interfere with the
driver's control over the driving mechanism of the
vehicle;
(4) Pass or attempt to pass two (2) other vehicles
abreast, moving in the same direction, except on
highways having separate roadways of three (3) or
more lanes for each direction of travel, or on
designated one-way streets or highways; however,
this subsection shall not apply to a motor vehicle
passing two (2) other vehicles, in accordance with
provisions of this chapter, when one or both of
such other vehicles is a bicycle or moped; nor
shall this subsection apply to a bicycle or moped
passing two (2) other vehicles in accordance with
the provisions of this chapter.
(5) Drive any motor vehicle, including any motorcycle,
so as to be abreast of another vehicle in a lane
designated for one vehicle, or drive any motor
vehicle, including any motorcycle, so as to travel
abreast of any other vehicle traveling in a lane
designated for one vehicle; provided, however, this
subsection shall not apply to any validly
authorized parade, motorcade or motorcycle escort;
nor shall it apply to a motor vehicle traveling in
the same lane of traffic as a bicycle or moped;
(6) Overtake or pass any other vehicle proceeding in
the same direction at any steam, diesel or electric
railway grade crossing or at any intersection of
highways unless such vehicles are being operated on
a highway having two (2) or more designated lanes
of roadway for each direction of travel or unless
such intersection is designated and marked as a
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passing zone pursuant to the provisions of sections
46.2-803 and 46.2-830 of the Code of Virginia or on
a designated one-way street or highway, or while
pedestrians are passing or about to pass in front
of either of such vehicles, unless permitted to do
so by a traffic light or police officers;
(7) Fail to stop, when approaching from any direction,
a school bus, whether publicly or privately owned,
which is stopped on any highway or school driveway
for the purpose of taking on or discharging
children, elderly, mentally or physically
handicapped persons, and to remain stopped until
all children, elderly, mentally or physically
handicapped persons are clear of the highway or
school driveway and the bus is put in motion. The
driver of a vehicle, however, need not stop upon
approaching a school bus when such bus is stopped
on the other roadway of a divided highway, on an
access road, or driveway is separated from the
roadway on which he is driving by a physical
barrier or an unpaved area. The driver of a
vehicle also need not stop upon approaching a
school bus which is loading or discharging
passengers from or onto property immediately
adjacent to a school if such driver is directed by
a police officer or other duly authorized uniformed
school crossing guard to pass such school bus.
This subsection shall apply to school buses which
are equipped with warning devices prescribed in
section 46.2-1090 of the Code of Virginia and are
painted yellow with the words "School Bus, Stop,
State Law" in black letters at least six (6) inches
high on the front and rear thereof. If space is
limited on the front, the words "School Bus" may be
in letters at least four (4) inches high. This
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subsection shall also apply to school buses which
are equipped with warning devices as prescribed in
section 21-111 and which are painted yellow with
the words "School Bus" in black letters at least
eight (8) inches high on the front and rear
thereof. Only school buses as defined in section
21-2 which are painted yellow and equipped with the
required lettering and warning devices shall be
identified as school buses;
(8) Fail to give adequate and timely signals of
intention to turn, partly turn, slow down or stop,
as required by section 21-237;
(9) Exceed a reasonable speed under the circumstances
and traffic conditions existing at the time
regardless of any posted speed limit;
(10) Drive a motor vehicle upon the highways of this
city (i) at a speed of twenty (20) miles per hour
or more in excess of the applicable speed limit
where the applicable speed limit is thirty (30)
miles per hour or less, (ii) at a speed of sixty
(60) miles per hour or more where the applicable
maximum speed limit is thirty five (35) miles per
hour, (iii) at a speed of twenty (20) or more miles
per hour in excess of the applicable maximum speed
limits where the applicable speed limit is forty
(40) miles per hour or more, or (iv) or in excess
of eighty (80) miles per hour regardless of the
applicable maximum speed limit;
(11) Fail to bring his vehicle to a stop immediately
before entering a highway from a side road when
there is traffic approaching upon such highway
within five hundred (500) feet of such point of
entrance, unless a "yield right-of-way" sign is
posted; or where such sign is posted, fail, upon
entering such highway, to yield the right-of-way to
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the driver of a vehicle approaching on such highway
from either direction; or
(12) Drive or operate any automobile or other motor
vehicle upon any driveway or premises of a church,
or school, or of any recreational facilities or of
any business property open to the public, or on the
premises of any industrial establishment providing
parking space for customers, patrons or employees,
or upon any highway under construction or not yet
open to the public, recklessly or at a speed or in
a manner so as to endanger the life, limb or
property of any person~; or
(13) Overtake or pass a moving emergency vehicle which
is giving an audible signal and displaying
activated warning lights as provided for in section
21-247.
Section 21-342. Driving after forfeiture of right to drive.
If any person convicted of a violation of this article shall,
(a) during the time for which he is deprived of his right so to do,
drive or operate any motor vehicle, engine or train in this city,
or (b) operate a motor vehicle in violation ~f any restrictions or
conditions set forth in a restricted license issued pursuant to
Code of Virginia, section 118.2-271.1, he shall be guilty of a
class 1 misdemeanor.
Section 21-364. General parking prohibitions.
(a) No person shall park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control device, in any of
the following places:
(1) Within fifteen (15) feet of a fire hydrant.
(2) Within any designated fire lane.
(3) At any place so as to block any fire department
connection.
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(4) Within fifteen (15) feet of the driveway entrance
to any fire station and, on the side of a street
opposite the entrance to any fire station, within
seventy-five (75) feet of the entrance, when
properly signposted.
(5) Within fifteen (15) feet of the entrance to a
building housing rescue squad equipment or
ambulances, provided such buildings are plainly
designated.
(6)In front of a public or private driveway.
(7)Within an intersection.
(8) On the roadway side of any vehicle parked at the
edge or curb of a street (double parking).
(9) Upon any bridge or other elevated structure upon a
street or highway or within a tunnel.
(10) On the left-hand side of roadway of two-way street
against the direction of traffic.
(b) No person shall park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control device, in any of
the following places:
(1) On a sidewalk.
(2) On crosswalk.
(3) Within twenty (20) feet of a crosswalk at an
intersection; provided, however, that where there
is no crosswalk at an intersection, no person shall
so park a vehicle within twenty (20) feet from the
intersection of curb lines or, if none, then within
fifteen (15) feet of the intersection of property
lines.
(4) Within thirty (30) feet upon the approach to any
flashing beacon, stop sign or traffic-control
signal located at the side of a roadway.
(5) Between a safety zone and the adjacent curb or
within thirty (30) feet of points on the curb
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immediately opposite the ends of a safety zone,
unless a different length is indicated by official
signs or markings.
(6) Within fifty (50) feet of the nearest rail of a
railroad grade crossing.
(7) Alongside or opposite any street excavation or
obstruction, when such parking would obstruct
traffic.
(8) At any place where official signs prohibit, reserve
or restrict parking.
(9) In a residential or apartment district (area) if
such vehicle is a commercial vehicle in excess of
twenty (20) feet in length and/or seven (7) feet in
height. This restriction shall not apply to
commercial vehicles parked while engaged in the
normal conduct of business or in the delivery of
provision of goods or services in a residential or
apartment district (area).
¢10) At any place so as to prevent the use of a curb
ramp located on public property or on privately
owned property open to the public.
(c) When a notice or citation is attached to a vehicle found
parked in violation of any provision of this section, the owner of
the vehicle may, within three (3) city working days thereafter, pay
to the city treasurer, in satisfaction of such violation, a penalty
of fifteen dollars ($15.00), for a violation of any provision of
subsection (a), or ten dollars ($10.00) for a violation of any
provision of subsection (b), for each hour or fraction thereof
during which such vehicle was unlawfully parked. Such payment
shall constitute a plea of guilty of the violation in question. If
such payment is not postmarked or received by the city treasurer
within three (3) working days of the city after receipt of such
notice or citation, the penalty shall be thirty dollars ($30.00)
for a violation of any provision of subsection (a) of this section
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and twenty dollars ($20.00) for a violation of any provision of
subsection (b) of this section.
(d) The failure of any owner to make payment in accord with
subsection (c) above or present the notice or citation for a
violation of this section at any office of the city treasurer for
certification to the general district court, within thirty (30)
days, shall render such owner, upon conviction of such violation,
subject to a fine of not more than fifty dollars ($50.00).
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This ordinance shall be effective July 1, 1993.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 8th day of June , 1993.
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CA-5141
~ORDIN~PROPOSED~21-116ET.PRO
R-3
PREPARED: June 1, 1993
16
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Item H-G. 3
CONSENT AGENDA
ITEM #36884
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-338 of the
Code of the City of Virginia Beach, Virginia, re chemical testing for
blood alcohol.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay.
None
Council Members Absent:
None
June 8, 1993
SECTTON 21-338 OF T~E CODE OF T~I;':. C!TYATTOiNEY
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CHEMICAL TESTING FOR
BLOOD ALCOHOL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-338 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Section 21-338. Chemical testing to determine alcohol or drug
content of blood.
(a) Definitions. As used in this section, unless the context
clearly indicates otherwise:
(1) The phrase "alcohol or drug" means alcohol, a drug
or drugs, or any combination of alcohol and a drug
or drugs.
(2)The phrase "blood or breath" means either or both.
(3) "Director" means Director of Division of Forensic
science.
(4)"Division" means the Division of Forensic Science.
(5) "License" means any driver's license, temporary
driver's license, or instruction permit authorizing
the operation of a motor vehicle upon the highways.
(6)"Ordinance" means a county, city or town ordinance.
(b) Implied consent to post-arrest chemical test to determine
drug or alcohol content of blood.
(1) Any person, whether licensed by Virginia or not,
who operates a motor vehicle upon a~"~I~ highway~
as defined in Code of Virginia section 46.2-100, in
this city shall be deemed thereby, as a condition
of such operation, to have consented to have
samples of his blood, breath, or both blood and
breath taken for a chemical test to determine the
alcohol, drug, or both alcohol and drug content of
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his blood, if he is arrested for violation of
section 21-336 within two (2) hours of the alleged
offense.
(2) Any person so arrested for a violation of section
21-336(i) or (ii), or both, shall elect to have
either a blood or breath sample taken, but not
both. If either the blood test or the breath test
is not available, then the available test shall be
taken and it shall not be a matter of defense if
the blood test or the breath test is not available.
If the accused elects a breath test, he shall be
entitled, upon request, to observe the process of
analysis and to see the blood-alcohol reading on
the equipment used to perform the breath test. If
the equipment automatically produces a written
printout of the breath test result, the printout,
or a copy, shall be given to the accused.
(3) A person, after having been arrested for a
violation of section 21-336 (iii) or (iv), may be
required to submit to tests to determine the
alcohol or drug content of his blood. If a person,
after having been arrested for a violation of
section 21-336 (i) or (ii), or both, chooses to
submit to a breath test in accordance with
subsection (b) (2) of this section, he may also be
required to submit to tests to determine the drug
content of his blood if the law-enforcement officer
has reasonable cause to believe the person was
driving under the influence of any drug or
combination of drugs, or the combined influence of
alcohol and drugs.
(c) Refusal of tests; procedures.
(1) If a person, after having been arrested for a
violation of section 21-336 and after having been
advised by the arresting officer that a person who
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operates a motor vehicle upon a public highway in
this city is deemed thereby, as a condition of such
operation, to have consented to have samples of his
blood or breath taken for chemical tests to
determine the alcohol or drug content of his blood,
and that the unreasonable refusal to do so
constitutes grounds for the revocation of the
privilege of operating a motor vehicle upon the
highways of this city, then refuses to permit blood
or breath samples to be taken for such tests, the
arresting officer shall take the person before a
committing magistrate. If he again so refuses
after having been further advised by the magistrate
of the law requiring blood or breath samples to be
taken and the penalty for refusal, and so declares
again his refusal in writing upon a form provided
by the Supreme Court, or refuses or fails to so
declare in writing and such fact is certified as
prescribed below, then no blood or breath samples
shall be taken even though he may later request
them.
(2) The form shall contain a brief statement of the law
requiring the taking of blood or breath samples and
the penalty for refusal, a declaration of refusal,
and lines for the signature of the person from whom
the blood or breath sample is sought, the date, and
the signature of a witness to the signing. If the
person refuses or fails to execute the declaration,
the magistrate shall certify such fact and that the
magistrate advised the person that a refusal to
permit a blood or breath sample to be taken, if
found to be unreasonable, constitutes grounds for
revocation of the person's privilege to operate a
motor vehicle on the highways of this city. The
magistrate shall promptly issue a warrant or
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summons charging the person with a violation of
section 21-336. The warrant or summons shall be
executed in the same manner as criminal warrants.
(3) The executed declaration of refusal or the
certificate of the magistrate, as the case may be,
shall be attached to the warrant and shall be
forwarded by the magistrate to the court.
(4) When the court receives the declaration or
certificate and the warrant or summons charging
refusal, the court shall fix a date for the trial
of the warrant or summons, at such time as the
court designates but subsequent to the defendant's
criminal trial for driving under the influence of
intoxicants.
(5) The declaration of refusal or certificate of the
magistrate shall be prima facie evidence that the
defendant refused to allow a blood or breath sample
to be taken to determine the alcohol or drug
content of his blood. However, this shall not
prohibit the defendant from introducing on his
behalf evidence of the basis for his refusal. The
court shall determine the reasonableness of such
refusal.
(d) Appeal and trial; sanctions for refusal. The procedure
for appeal and trial shall be the same as provided by law for
misdemeanors; if requested by either party on appeal to the circuit
court, trial by jury shall be as provided in Article 4 (§ 19.2-260
et seq.) of Chapter 15 of Title 19.2, Code of Virginia, and the
city shall be required to prove its case beyond a reasonable doubt.
If the court or jury finds the defendant guilty as charged in the
warrant or summons issued pursuant to subsection (c), the court
shall suspend the defendant's privilege to drive for a period of
six months for a first offense and for one year for a second or
subsequent offense of refusal within one year of the first or other
such refusal. The time shall be computed from the date of the
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first offense to the date of the second or subsequent offense.
However, if the defendant pleads guilty to a violation of section
21-336, the court may dismiss the warrant or summons.
The court shall forward the defendant's license to the
Commissioner of the Department of Motor Vehicles of Virginia as in
other cases of similar nature for suspension of license. However,
if the defendant appeals his conviction, the court shall return the
license to him upon his appeal being perfected.
(e) Qualifications and liability of persons authorized to
take blood sample; procedure for taking samples. For purposes of
this article, only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse designated
by order of a circuit court acting upon the recommendation of a
licensed physician, using soap and water, polyvinylpyrrolidone
iodine or benzalkonium chloride to cleanse the part of the body
from which the blood is taken and using instruments sterilized by
the accepted steam sterilizer or some other sterilizer which will
not affect the accuracy of the test, or using chemically clean
sterile disposable syringes, shall withdraw blood for the purpose
of determining its alcohol or drug content. It is a Class 3
misdemeanor to reuse single-use-only needles or syringes. No civil
liability shall attach to any person authorized to withdraw blood
as a result of the act of withdrawing blood as provided in this
section from any person submitting thereto, provided the blood was
withdrawn according to recognized medical procedures. However, the
person shall not be relieved from liability for negligence in
withdrawing of any blood sample.
No person arrested for a violation of section 21-336 shall be
required to execute in favor of any person or corporation a waiver
or release of liability in connection with the withdrawal of blood
and as a condition precedent to the withdrawal of blood as provided
for in this section.
(f) Transmission of blood samples. Adequate portions of
blood samples withdrawn pursuant to subsection (e) shall be placed
in vials provided by the Division of Forensic Science. The vials
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shall be sealed by the person taking the sample or at his
direction. The person who seals the vial shall complete the
prenumbered certificate of blood withdrawal form attached to the
vial by the Division. The completed withdrawal certificate for
each vial shall show the name of the accused, the name of the
person taking the blood sample, the date and time the blood sample
was taken and information identifying the arresting or accompanying
officer. The officer shall initial the completed certificate. The
vials shall be divided between two containers provided by the
Division, and the containers shall be sealed to prevent tampering
with the vial. The arresting or accompanying officer shall take
possession of the two containers as soon as the vials are placed in
such containers and sealed, and shall promptly transport or mail
one of the containers to the Division. Immediately after taking
possession of the second container, the officer shall give to the
accused a form provided by the Division which sets forth the
procedure to obtain an independent analysis of the blood in the
second container, and a list of the names and addresses of
laboratories approved by the Division. The form shall contain a
space for the accused or his counsel to direct the officer
possessing the second container to forward it to an approved
laboratory for analysis, if desired. If the accused directs the
officer in writing on the form to forward the second container to
an approved laboratory of the accused's choice, the officer shall
do so. If the accused does not direct otherwise on the form, the
officer having the second container shall deliver it to the chief
of police or his designee. The chief of police, or his designee,
upon receiving the container, shall retain it for a period of
seventy-two hours, during which time the accused or his counsel
may, in writing, on the form provided hereinabove, direct the chief
of police or his designee to mail the second container to the
laboratory the accused has chosen from the approved list.
The contents of the second container shall be transmitted,
tested and admitted in evidence in the same manner and in
accordance with procedures established for the sample sent to the
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Division; however, an analysis of the second blood sample to
determine the presence of a drug or drugs shall not be performed
unless an analysis of the first blood sample by the Division has
indicated the presence of such drug or drugs.
If the chief of police or his designee having possession of
the second container is not directed as herein provided to mail it
within seventy-two hours after receiving the container, he shall
destroy it.
(g) Transmission of blood test results; use as evidence.
Upon receipt of a blood sample forwarded to the Division for
analysis pursuant to subsection (f), the Division shall have it
examined for its alcohol or drug content and the Director shall
execute a certificate of analysis indicating the name of the
accused, the date, time and by whom the blood sample was received
and examined; a statement that the seal on the vial had not been
broken or otherwise tampered with; a statement that the container
and vial were provided by the Division and that the vial was one to
which the completed withdrawal certificate was attached; and a
statement of the sample's alcohol or drug content. The director or
........ ~--~ shall remove the withdrawal certificate from the
vial, attach it to the certificate of analysis and state in the
certificate of analysis that it was so removed and attached. The
certificate of analysis with the withdrawal certificate shall be
returned to the clerk of the court in which the charge will be
heard. The vial and blood sample shall be destroyed after
completion of the analysis. A similar certificate of analysis,
with the withdrawal certificate from the independent laboratory
which analyzes the second blood sample on behalf of the accused,
shall be returned to the clerk of the court in which the charge
will be heard. The blood sample shall be destroyed after
completion of the analysis by the independent laboratory.
When a blood sample taken in accordance with the provisions of
subsections (b) through (f) is forwarded for analysis to the
Division, a report of the test results shall be filed in that
office. Upon proper identification of the certificate of
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withdrawal, the certificate of analysis, with the withdrawal
certificate attached, shall, when attested by the Director, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis. On a motion of the accused, the certificate prepared for
the second sample shall be admissible in evidence when attested by
the pathologist or by the supervisor of the approved laboratory.
Upon request of the person whose blood or breath was analyzed,
the test results shall be made available to him.
The director may delegate or assign these duties under the
provisions of Code of Virginia section 2.1-20.01:2.
(h) Fees. Payment for withdrawing blood shall not exceed
twenty-five dollars, which shall be paid out of the appropriation
for criminal charges. If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section 21-
336 or of a similar ordinance, or is placed under the purview of a
probational, educational, or rehabilitational program as set forth
in section 18.2-271, Code of Virginia, the amount charged by the
person withdrawing the sample shall be taxed as part of the costs
of the criminal case and shall be paid into the general fund of the
state treasury.
Approved laboratories determining the alcohol content of the
second blood sample shall be allowed a fee of no more than twenty-
five dollars, which shall be paid out of the appropriation for
criminal charges. Payment for determining the presence of a drug
or drugs in the second sample may not exceed the amount established
on the Divisions' fee schedule and shall be paid out of the
appropriation for criminal charges.
If a person whose blood sample was withdrawn is subsequently
convicted for violation of section 2-336, (i) the fee paid by the
Commonwealth to the laboratory for testing the second blood sample
and (ii) a fee of twenty-five dollars for testing the first blood
sample by the Division shall be taxed as part of the costs of the
criminal case and shall be paid into the general fund of the state
treasury.
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(i) Assurance of breath-test validity; use of test results as
evidence. To be capable of being considered valid as evidence in
a prosecution under section 21-336, chemical analysis of a person's
breath shall be performed by an individual possessing a valid
license to conduct such tests, with a type of equipment and in
accordance with methods approved by the Department of General
Services, Division of Forensic Science. The Division shall test
the accuracy of the breath-testing equipment at least once every
six months.
The Division shall establish a training program for all
individuals who are to administer the breath tests. The program
shall include at least forty hours of instruction in the operation
of the breath-test equipment and the administration of such tests.
Upon a person's successful completion of the training program, the
Division may license him to conduct breath-test analyses.
Any individual conducting a breath test under the provisions
of subsection (b) shall issue a certificate which will indicate
that the test was conducted in accordance with the Division's
specifications, the equipment on which the breath test was
conducted has been tested within the past six months and has been
found to be accurate, the name of the accused, the date and time
the sample was taken from the accused, the sample's alcohol
content, and the name of the person who examined the sample. This
certificate, when attested by the individual conducting the breath
test, shall be admissible in any court in any criminal or civil
proceeding as evidence of the facts therein stated and of the
results of such analysis. Any such certificate of analysis
purporting to be signed by a person authorized by the Division
shall be admissible in evidence without proof of seal or signature
of the person whose name is signed to it. A copy of the
certificate shall be promptly delivered to the accused.
The officer making the arrest, or anyone with him at the time
of the arrest, or anyone participating in the arrest of the
accused, if otherwise qualified to conduct such test as provided by
this section, may make the breath test or analyze the results.
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(j) Evidence of violation of section 21-336. In any trial
for a violation of section 21-336, the admission of the blood or
breath test results shall not limit the introduction of any other
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of any blood
or breath test, consider other relevant admissible evidence of the
condition of the accused. If the test results indicate the
presence of any drug other than alcohol, the test results shall be
admissible only if other competent evidence has been presented to
relate the presence of the drug or drugs to the impairment of the
accused's ability to drive or operate any motor vehicle, engine or
train safely.
The failure of an accused to permit a blood or breath sample
to be taken to determine the alcohol or drug content of his blood
is not evidence and shall not be subject to comment by the
prosecution at the trial of the case, except in rebuttal; nor shall
the fact that a blood or breath test had been offered the accused
be evidence or the subject of comment by the prosecution, except in
rebuttal. The court or jury trying the case involving a violation
of clause (ii), (iii) or (iv) of section 21-336 shall determine the
innocence or guilt of the defendant from all evidence concerning
his condition at the time of the alleged offense.
(k) Substantial compliance. The steps set forth in
subsections (b) through (i) relating to taking, handling,
identifying, and disposing of blood or breath samples are
procedural and not substantive. Substantial compliance shall be
sufficient. Failure to comply with any steps or portions thereof,
or a variance in the results of the two (2) blood tests, shall not
of itself be grounds for finding the defendant not guilty, but
shall go to the weight of the evidence and shall be considered with
all the evidence in the case; however, the defendant shall have the
right to introduce evidence on his own behalf to show noncompliance
with the aforesaid procedures or any part thereof, and that as a
result his rights were prejudiced.
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349 This ordinance shall be effective July 1, 1993.
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Adopted by the Council of the city of Virginia Beach, Virginia
on the 8th day of June , 1993.
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CA-5139
~ORDIN~PROPOSED~21- 338. PRO
R-1
PREPARED: May 18, 1993
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- 11 -
Item H-G. 4
CONSENT ,4 GEND,4
ITEM #36885
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 23-7, 23-26 and
23-34 of the Code of the City of Virginia Beach, Virginia, re
misdemeanor offenses.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
~,,~.~'. ?: AS TC, CC.' TL. 7'%
T
SECTIONS 23-7, 23-26 AND 23-34 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
MI S DEME32~l'OR OFFENSES.
10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 23-7, 23-26 and 23-34 of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained to read
as follows:
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Section 23-7. Resisting, obstructing, etc., city officers.
(a) If any person without just cause knowingly obstructs a
judge, magistrate, justice, juror, witness or any law enforcement
officer in the performance of his duties as such, or fails or
refuses without just cause to cease such obstruction when requested
to do so by such judge, magistrate, justice, juror, witness or law
enforcement officer, he shall be guilty of a Class 4 ~ misdemeanor.
(b) If any person, by threats or force, knowingly attempts to
intimidate or impede a judge, magistrate, justice, juror, witness,
or any law enforcement officer, lawfully engaged in his duties as
such, or to obstruct or impede the administration of justice in any
court, he shall be deemed to be guilty of a Class 1 misdemeanor.
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Section 23-26. Prostitution generally.
(a) Any person who, for money or its equivalent, commits
adultery~ or fornication or any act in violation of Code of
Virginia section 18.2-361, or offers to commit adultery~ or
fornication or any act in violation of Code of Virginia section
18.2-361, and thereafter does any substantial act in furtherance
thereof, shall be guilty of being a prostitute, or of prostitution,
which shall be a Class 1 misdemeanor.
(b) Any person who offers money or its equivalent to another
for the purpose of engaging in sexual acts as enumerated above and
thereafter does any substantial act in furtherance thereof shall be
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guilty of solicitation of prostitution and shall be guilty of a
Class 1 misdemeanor.
Section 23-34. Defrau4ing hotels, motels, campgrounds, etc.
.... ~&~ ....... ~,......, duc f ..... him for fare
(a) It shall be unlawful for any person, without paying
therefor, and with the intent to cheat or defraud the owner or
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keeper to:
(1) Put up at a hotel, motel, campground or
boardinghouse;
(2) Obtain food from a restaurant or other eating
house;
(3) Gain entrance to an amusement park; or
(4) Without having an express agreement for credit,
procure food, entertainment or accommodation from
any hotel, motel, campground, boardinghouse,
restaurant or eating house.
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It shall be unlawful for any person, with intent to cheat or
defraud the owner or keeper out of the pay therefor, to obtain
credit at a hotel, motel, campground, boardinghouse, restaurant or
eating house for food, entertainment or accommodations by means of
any false show of baggage or effects brought thereto.
It shall be unlawful for any person, with intent to cheat or
defraud, to obtain credit at a hotel, motel, campground,
boardinghouse, restaurant, eating house or amusement park for food,
entertainment or accommodations through any misrepresentation or
false statement.
It shall be unlawful for any person, with intent to cheat or
defraud, to remove or cause to be removed any baggage or effects
from a hotel, motel, campground, boardinghouse, restaurant or
eating house while there is a lien existing thereon for the proper
charges due from him for fare and board furnished.
(b) This section shall apply only if the value of the
service, credit or benefit procured or obtained is less than two
hundred dollars ($200.00).
(c) Any person who violates any provision of this section
shall be guilty of a Class 1 misdemeanor.
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This ordinance shall be effective July 1, 1993.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the ~h day of 3,_,ne , 1993.
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CA-5132
\ ORD IN \ PROPOS ED \ 23 -026. PRO
R-2
PREPARED: June 1, 1993
CHICKEI VALLEY
(~
CHAMBORD
COMMONS
SCALE m 1 ' · 800'
PREPARED BY P/W ENG,, ORAFTo5/]8/93
- 12 -
Item II-G. 5
CONSENT AGENDA
ITEM #36886
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance declaring certain City property previously owned by London
Mews Associates (formerly Point O' Woods Co.) at Great Neck Road
South of Rustwood Lane as EXCESS property; and, authorizing the City
Manager to dispose of same.
The following conditions shall be required:
1. A subdivision plat be prepared to eliminate lot lines between
areas of like ownership.
The existing permanent drainage easement, reference in Map
Book 112, at Page 4, be reserved unto the City of Virginia
Beach.
A one (1)-foot no ingress/egress easement be established along
the entire Great Neck Road frontage of Parcel A as depicted on
the "Exfibit Plat for Chambord Commons, March 1, 1993."
London Mews Associates agrees to have its parking and
landscaping plan approved by the City prior to commencing
any work on the site.
A change of zoning will be necessary prior to use of the
property for parking facilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
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AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
WHEREAS, the City of Virginia Beach acquired ownership of
the following described property by deed recorded in Deed Book
1541, at pages 317 through 319; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the City
of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia Beach
and that the City Manager is authorized to convey said property in
the manner he deems in the best interests of the City of Virginia
Beach reserving therein any and all easements pertaining thereto,
and further that such property be declared in excess of the needs
of the City and is more particularly described as follows:
All that certain lot, piece or parcel of land
together with all improvements thereon situate in
the City of Virginia Beach, Virginia, and being
entitled: "EXHIBIT PLAT FOR CHAMBORD COMMONS,"
dated March 1, 1993, by Basgier and Associates, a
copy of which is attached hereto to which reference
is made for a more particular description.
It being a part of same property conveyed unto the
grantor herein by deed recorded in the Clerk's
Office aforesaid in Deed Book 1541 at page 317.
2. Any building site created shall connect to public
water and sewer where available.
3. This Ordinance shall be effective from the date of
its adoption.
A three-quarters Council vote is required for adoption of
this Ordinance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of June , 1993.
CA-5163
ORDIN\NONCODE\mews. ORD
R-1
PREPARED: 5/26/93
/~PROVED AS TO CONTENT
APPROVED AS TO
LEGAL SUFFICIENCY
Dep~ment of I_,aw
RUST'WOOD
LANE
APPROVED _ .
F~- DII~CTOR OF PUBLIC WORKS, CITY OF VIROINIA BE/~,, VA.
DATE:
AREA RE TNN[ D
BY CITY OF'
~ BEACH
m _~ G ~tt,t
~:z
z
o
NOTE; THIS IS NOT INTENDEDTO BE A SUBDIVISION
OF THE PROPERY
1, PARCEL A 0,182 AC.
2. ARE A OF RE TAINE D R/~/ 0.059 AC.
3. TOTAL AREA 0.241 AC.
EXHIBIT PLAT
FOR
CHAMBORD COMMONS
SGALE: 1'=~,0' MARCH 1, 1993
J,O. 93061
PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND
TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
PETITION
TO'
THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, LONDON MEWS ASSOCIATES,
respectfully represents as follows:
by couilse[ ,
1. That Petitioner applies to the May~;t and the
of the City of Virginia Beach, Virginia, for an ordinance deciar~n~
the hereinafter described property [o be in excess of the .needs of
the City of Vmrglnla Beach and to authorize the Cxty Manager t,_~
convey the property to the Pet~_tloner upon payment oi £a~l mark~-,t
value as determined by qualified appraisal.
2. That your Pettt~on~,r nwns lhe N}ope~ty cor~tmguous to
the hereinafter described property. And that further the
hereinafter described p~operty tlas no uti l±[y unless 3o~ned to the
contiguous property of Petitioner.
3. The property your Petitioner ~s asking to be declared
in excess of the needs of the City of V~tglnla Beach so that he may
purchase same is hereby described as fellows.
ALL THAT CERTAIN lot, tract o~ parcel of
land, together with the improvements
thereon belonging, lying, s~tuete and
~,elng Ln ~ ne City 0£ V!] q~r~± ~ B~ .... ~h,
V~rg~nle shown on that certain plat
entitled: "EXHIBIT PLAT FOR CHAMBORD
COMMONS," dated March 1, 1993, by
Basgler and Associates, a copy of
which is attached hereto to which
leference is made for a more particular
description.
It being a part of the same property
conveyed unto the grantor herein by
deed ~e,~o~ded ]n the Clerk's
aforesaid in Deed Book 1541
Page 317.
4. That no inconvenience will result to any person or
property owner by reason of the sale o[ the herelnabove described
property.
WHEREFORE, your Petitioner prays that the Mayor and City
Council of the City of Virginia Beach, VIrginia, declare the
here~naboue descr, lbed property to be ~n excess ef the needs
C~ty o~ V~rgln~a Beach and to authorize t~e "~ty ~4anage~ t,.~
same to your Petitioner upon payment to [-he ,U~[ ~' O]~ Vzrg~n±a Beach,
for the fair market value of sa~d property as determined by
~uallf~ed appraisal .
Respcctfully submitted,
L~~M~s AssocIates
~y
%~qIS DEED, made this day of 1993, by and between CITY OF VIRGINIA
BE~__C~_, a M~nlc~pal co, potation ~n the Conmonwealth of Virginia, GP~TOR' and
LON~N ~S ASS~2iATES ~ Vlr~inl~ General P~rtners~np, GP~]TEE
_
WITNESSETH'
That for and tn co]~s]derat~on e[ the stmn o£ Ten Dollars i$10
hand paid, and other ~ood and valuable considerat~ons /he L,3celpt
hereby ack. ow[edged tt~,~. GPJiN'P(~P ,~.,'~,t liet~bv ,~U!T';LAII'~I ,u.,[c ~!,, '.'t~ANTFE. ~-~:~,
following describe,! property,
ALL THAT certain lot, tract or parcel et [and, toget'he.~ w~th the
buildings and unprovements thereon belongzng, lyzng, s~.tuate and
being in the C~iy of Vzrg~n~a Beach V~q~rt~a, plr~t
"~IBIT PLAT FOP ~.~ORD C~ONS," dated March i,
and AssocLates, a copy oi wh],:h ~s a~tache~t [~eret,3
is ~de for a mote partlcula~ description.
IT EEING pa~t ot i-he sa~ne property conveyed unto the ~'P~AN'i'OR by ,]=,=d
recorded in the Clerk's Off,ce aforesaid zn Deed Book 1541, at page
317.
This conveyance is made sub]ect to the covenants, conditions,
easements and reservations of record, affecting the aforesa:d property
const~. + ut~ng construct: ye
GPIN' 2407-06-43~0
WITNESS the following s].gnatures and seals:
CI'I~f OF VIRGINIA BEAC~q
a Municipal corporation
the Conn]onwealth ol Virginia
ATTEST:
By:
CITY MANAGER or Author!zed Designee
of City M~u]ager
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a ~lotary Public in and for the aforesaid{ City and
State do hereby certify ~_h~-' , City Manager or
authorized designee of City Manager, for the CI~f OF VIR,~INID Bfi~CTH, ~-;hose name
as such is signed to the instrument has ac~uowledged the same bef'3te me zn m~' ,.fat',
~]d State a£o~esald.
GIVEN under rny hand this
day of , 1993.
Notary Public
My Con~n~ss~on Expires:
STATE OF V I RG I bl I A
CITY OF VIRGINIA BEACH, to-wit'
I, , a Notary PtzbJ ~c in auld for the, a~oresald City aa~d
State do hereby certify that , City Clerk, J~or the CI~' OF
VIRGINIA BEACH, whose n~nme ~s s~]c'h Is szgned to the '.nst~t~ne,_nt ha':' ac]'mow!~,a,q~,.~
the same bef:oke me in my Czty and State aforessld
GIVEN under my hand
day of , 1993.
Notary Ptubl zc
My Cc~lTn~ssxon Expires'
- 13 -
Item II-G. 6
CONSENT ,4 GEND,4
ITEM #36887
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ,4CCEPT and APPROPRIATE $2,500 from
Virginia Department of Housing and Community Development
to the Department of Housing and Neighborhood Preservation
re emergency home repair program.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
1 ORDINANCE TO ACCEPT AND APPROPRIATE $2,S00 FROM THE
VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR AN EMERGENCY HOME REPAIR PROGRAM
WHEREAS, the Commonwealth of Virginia has established the Virginia Housing
5 Partnership Fund to encourage the improvement of housing opportunities for low income
6 Virginians; and
WHEREAS, the Virginia Department of Housing and Community Development
8 has authorized grants under this program to localities to provide emergency home repairs to
9 eligible citizens; and
10
WHEREAS, the Virginia Department of Housing and Community Development
11 has informed the City that $2,500 has been awarded to the City for such emergency repairs;
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH that a grant of $2,500 from the Virginia Department of Housing and
14 Community Development for emergency home repairs is accepted and appropriated to the
15 Department of Housing and Neighborhood Preservation, and
16
BE IT FURTHER ORDAINED THAT revenues from the Commonwealth be
17 increased by $2,500, and
18
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply
19 with all requirements of this program as set forth by the Virginia Department of Housing and
20 Community Development.
21 Adopted by Council of the City of Virginia Beach on the 8 th day of
June , 1993.
22
23 APPROVED AS TO CONTENT
APPROVED AS TO FORM
25 Andrew M. Friedm/~; Acting Director C~y
26 Housing & Neighborhood Preservation
g \usera\jpoader\reports\ehrpv
- 14 -
Item II-G. 7
CONSENT ,4 GEND,4
ITEM #36888
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ,4CCEPT and APPROPRIATE $150,000 from Virginia
Housing Partnership Fund's Indoor Plumbing/Rehabilitation Program re
housing rehabilitation.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert ~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
ORDINANCE TO ACCEPT AND APPROPRIATE $150,000
FROM THE VIRGINIA HOUSING PARTNERSHIP FUND'S INDOOR
PLUMBING/REHABILITATION PROGRAM FOR HOUSING REHABILITATION
WHEREAS, the Department of Housing and Neighborhood Preservation operates
5 housing rehabilitation programs for the benefit of the citizens of Virginia Beach, and
WHEREAS, the Virginia Department of Housing and Community Development
has notified the City that it has made available $150,000 in Indoor Plumbing/Rehabilitation
Program funds for the rehabilitation or reconstruction of eligible owner occupied houses m the
9 Barberton and Seatack areas of Virginia Beach, and
10
WHEREAS, the Department of Housing and Neighborhood Preservation is
11 currently operating such a program and will continue it with the use of these funds.
12
NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE
13
14
CITY OF VIRGINIA BEACH accepts and appropriates $150,000 for use as specified by the
Virginia Department of Housing and Community Development, and that revenue from the
15 Commonwealth be increased by $150,000.
16
Adopted by the Council of the City of Virginia Beach on the
17 day of June , 1993.
u ~.h
18
19
20
21
Approved as to Contents:
Housing and Neighborhood Preservation
Approved as to Legal Form:
City Attorney
f \mbaskelkafned\mdoor ord
- 15 -
Item H-G. 8 a.b.
CONSENT ,4 GENDA
ITEM #36889
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance re Virginia Department of Transportation (VDOT):
~SFER $2,860,397 to Constitution Drive tt2-007 to reimburse the State for
expenditures;
APPROPRIATE $2,811,357 to Indian River Road Phase V 112-080 as State revenues.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
AN ORDINANCE TO TRANSFER $2,811,357 FROM INDIAN RIVER ROAD
PHASE V #2-080 AND $49,040 FROM WEST NECK BRIDGE #2-040 FOR A TOTAL
TRANSFER OF $2,860,397 TO CONSTITUTION DRIVE #2-007 IN ORDER TO
REIMBURSE THE STATE FOR EXPENDITURES, AND APPROPRIATE $2,811,357 TO
INDIAN RIVER ROAD PHASE V #2-080 AS STATE REVENUES
WHEREAS, City Council deleted Constitution Drive ~2-007 from the Master
Street and Highway Plan, effectively canceling the project in its entirety
after the VDOT had begun activity on the project;
9
10
11
WHEREAS, by agreement with the State, the city is obligated to reimburse
100% of expenditures totalling $2,860,397 incurred by the State for work
performed prior to the project's cancellation;
12
13
14
15
WHEREAS, since the State has agreed to apply $2,811,357 of this reim-
bursement as revenue from the State to Indian River Road Phase V %2-080, these
funds are available for transfer from that project to Constitution Drive ~2-
007 as a portion of the reimbursement;
16
17
18
WHEREAS, there is $49,040 in surplus funds available for transfer from
West Neck Bridge %2-040 to Constitution Drive %2-007 to satisfy the remaining
balance of the reimbursement;
19
20
21
22
23
24
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $2,811,357 be transferred from
Indian River Road Phase V ~2-080, and funds in the amount of $49,040 be
transferred from West Neck Bridge ~2-040, for a total transfer of $2,860,397
to Constitution Drive %2-007 in order to reimburse the State for its expendi-
tures on Constitution Drive prior to Council's cancellation of the project;
25
26
BE IT FURTHER ORDAINED, that $2,811,357 be appropriated as State Revenue
to Indian River Road Phase V ~2-080.
27
28
Adopted the 8th day of
Virginia Beach, Virginia .
June , 1993 by the Council of the City of
29
THIS ORDINANCE SHALL BE IN EFFECT FROM THE DATE OF ITS ADOPTION.
~PPROVED AS TO CONTEI~
", Walter C~ Kraemer, Jr. ~
Dept of Management attd Bud.qe~
SWJ/CONST.ORD , , ~-- ~
- 16 -
Item H-G. 9 a.b.
CONSENT AGENDA
ITEM #36890
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances re Community Development Block Grant Funds:
TRANSFER $148,776 within the Department of Housing and
Neighborhood Preservation re indirect costs, capital projects
and emergency housing repairs.
TRANSFER $50,000 from the Community Development Special
Revenue Fund and Loan and Grant Fund to Seatack liB (CIP
2-984) re additional street improvements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert gE.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
1
2
3
4
KN ORDINKNCE TO TRANSFER $148,776
IN CO]414UNITY DEVELOPI4ENT BLOCK
GRKNT FUNDS WITHIN THE DEPARTI.~,NT OF
HOUSING KND NEIGHBORHOOD PRESERVATION
WHEREAS, the City of Virginia Beach uses Community Development Block Grant
funds for a variety of purposes;
WHEREAS, indirect costs charged to this fund to cover the provision of
services by City agencies in support of fund activities require an additional
$28,776;
10
11
12
WHEREAS, the cost of acquisition of land for capital projects funded by
Community Development Block Grant funds continues and is exceeding previous
costs estimates by $80,000;
13
14
15
WHEREAS, the estimated cost of providing emergency housing repairs to low
income citizens whose houses are in need of such repairs has exceeded the funds
budgeted for such repairs by $40,000;
16
17
18
19
WHEREAS, sufficient funds are available within the Community Development
Block Grant allocation to meet indirect costs, capital project, and emergency
housing repair needs, and use of such funds for these costs is consistent with
federal guidelines;
2O
21
22
23
24
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that Community Development Block Grant funds in the amount of $148,776
be transferred within the Department of Housing and Neighborhood Preservation to
meet projected costs for indirect costs, capital projects, and emergency housing
repairs.
25
26
Adopted by the Council of the City of Virginia Beach, Virginia on this
8th day of 3une , 1993.
27
28
29
3O
31
Department of Housing and
Neighborhood Preservat ion
APPROVED AS TO FORM:
AN ORDINANCE TO TRANSFER
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO FUND ADDITIONAL STREET IMPROVEMENTS
IN THE SEATACK TARGET NEIGHBORHOOD
10
11
WHEREAS, the Seatack IIB Street Project is underway and
is providing street improvements in the Seatack neighborhood, and
WHEREAS, Winterville and Summerville streets are located
in Seatack and are lacking street improvements, and
WHEREAS, it is the intent of the City to provide such
improvements,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 ' OF VIRGINIA BEACH, VIRGINIA:
13
14
15
16
17
18
That $50,000 be transferred from the Community
Development Special Revenue Fund and Loan and Grant Fund to Seatack
IIB CIP # 2-984 for the purpose of constructing interim street
improvements on Winterville and Summerville Streets, and
Adopted by the Council of the City of Virginia Beach,
Virginia on this 8th day of June , 1993.
19
20
21
22
23
APPROVED AS TO CONTENT:
An~h~ew M. Friedma/n, Acting Director
Department of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
City Attorney
-17-
Item H-G. IO.
CONSENT AGENDA
ITEM #36891
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to TRANSFER $687,000 in surplus funds from various CIP
Projects to other CIP Projects re align available appropriations with
current and projected expenditures.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D
Moss, Mayor Meyera E Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
AN ORDINANCE TO TRANSFER $687,000 IN SURPLUS
FUNDS FROM VARIOUS CIP PROJECTS TO OTHER CIP
PROJECTS IN ORDER TO ALIGN AVAILABLE APPROPRIATIONS
WITH CURRENT AND PROJECTED EXPENDITURES
WHEREAS, the completion of certain projects or certain phases of
projects within the Roadway Section of the CIP will require additional funding
for four (4) projects;
8
9
10
WHEREAS, the need for additional funding for these projects was not
determined until after the FY 92-93 CIP cycle, but will be required for
expenditure prior to the FY 93-94 CIP cycle;
11
12
13
14
WHEREAS, there are sufficient surpluses available for transfer from West
Neck Bridge Project #2-040 in the amount of $507,000 and from South Plaza
Trail Bridge Project %2-041 in the amount of $180,000, due to both projects
being substantially complete;
15
16
17
18
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $507,000 be transferred from West
Neck Bridge Project %2-040, and funds in the amount of $180,000 be transferred
from South Plaza Trail Bridge Project %2-041, for a total transfer of
$687,000, to the following projects in the following amounts:
20
21
22
23
24
25
PROJECT TITLE
Dam Neck Road Phase 1%2-039
Mill Dam Bridge %2-042
Ferrell Parkway Phase V %2-096
Court House Loop N. Phase 1%2-078
TOTAL
AMOUNT
$375,000
$112,000
$120,000
$ 80,000
$687,000
26
27
Adopted the 8th day of
Virginia Beach, Virginia .
June , 1993 by the Council of the City of
28
THIS ORDINANCE SHALL BE IN EFFECT FROM THE DATE OF ITS ADOPTION.
;~PROVED AS TO CONTENT
Walter C Kraerner..p~,
Dept of Management end Budgel
SWJ/DAMNECK.ORD
APPROVED AS TO
LEGAL SUFFiC~;,!CY
I II
- 18 -
Item H-G. 11.
CONSENT AGENDA
ITEM #36892
Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to TRANSFER $201,767 from the General Fund Reserve for
contingencies to the Virginia Beach Juvenile Probation Department re
detention and group home services.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
AN ORDINANCE TO TRANSFER APPROPRIATIONS OF $201,767 00 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE VIRGINIA BEACH
JUVENILE PROBATION DEPARTMENT FOR DETENTION AND GROUP HOME SERVICES
WHEREAS, the V~rg~ma Beach Juvemle Probation Department has the responmbd~ty of prowd~ng
both Secure and Less Secure detention serwces as well as CrisIs Home and Commumty Group Home
placements ordered by the Juvemle and Domestm Relations Dmtnct Court (Court);
WHEREAS, the Court may order a chdd placed into any of these facilities w~th the cost of these
placements to be borne by the Iocahty;
10
11
12
13
14
15
16
WHEREAS, Detention costs have been nmng mnce 1988 because of various factors ~nclud~ng
an ~ncrease m the number of juvemles processed through Intake (17%) over the past 18 months w~th
a large percentage having severe criminal and emotional problems whmh threaten the commumty; and
the ~ncrease m adm~smons to pre-dmpomt~onal and post-dmpomt~onal detention facd~t~es and length of
stay.
WHEREAS, the Juvemle Probation Department projects detention and group home usage for
FY92-93 to be 1,355 adm~ss.ons for 30,050 days, whmh w~ll exceed budgeted appropriations of
$869,962 by $201,767.
17
18
WHEREAS, the Juvende Probation Department would hke the C~ty of V~rg~n.a Beach to fund the
~ncreamng costs for juvemle detention and group home serwces.
19
20
21
22
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds m the amount of $201,767.00 be transferred from the General Fund Reserve for
Cont,ngenmes to the Vlrgmm Beach Juvende Probation Department for funding costs assocmted w~th
juvende detention and group home serwces.
23
24
25
26
27
28
day of
Th~s ordinance shall be effective from the date of ~ts adoption.
Adopted by the Councd of the C~ty of V~rgm~a Beach, VIrginia on the
J,,_ne , 1993
8th
APPROVED AS TO CONTENT
DEPARTMENT OF MANAGEMENT AND BUDGET
c \budget\fy92-93\juvprob.ord vol. 29 May 26, 1993 sgh
APPROVED A:,3 ~'0
LEGAL SUFFIC!ENCY
- 19 -
Item H-G. 12.
CONSENT AGENDA
ITEM #36893
Upon motion by Vice Mayor Sessotns, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance authorizing the City Manager to TRANSFER $100,000 from
the Economic Development Investment Program Account to the Virginia
Beach Development Authority to underwrite a portion of the costs of
on-site infrastructure improvements to Ernst & Young's regional
headquarters.
Voting: 11-0
Council Members Voting Aye:
John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO TRANSFER $100,000 FROM
THE ECONOMIC DEVELOPMENT INVESTMENT
PROGRAM ACCOUNT TO THE CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") was created pursuant to Chapter 643 of the Acts
of Assembly of 1964 (as amended) (the "Acts");
WHEREAS, one of the primary purposes of the Authority as
set forth in the Acts is to "promote industry and develop trade by
inducing manufacturing, industrial, governmental and commercial
enterprises to locate in or remain in the [City] .... ";
WHEREAS, the Department of Economic Development, on
behalf of the Authority, has induced Ernst & Young to locate its
regional headquarters in the city of Virginia Beach;
WHEREAS, the inducement included an agreement to provide
Ernst & Young $100,000 to underwrite a portion of the on-site
infrastructure costs for improvements to its facility;
WHEREAS, funds are available in the Economic Development
Investment Program Account (Project 2-141) which was approved in
the FY 1990-91/1994-95 Capital Improvement Program to provide
infrastructure improvements on sites and along roadways to enhance
the economic viability of property; and
WHEREAS, at its regularly-scheduled meeting on April 20,
1993, the Authority, by a vote of 6-0, determined that the
provision of the aforementioned incentive to Ernst & Young would
serve a valid public purpose and would be in furtherance of the
purposes for which the Authority was created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to transfer
funds in the amount of $100,000 from the Economic Development
Investment Program Account to the City of Virginia Beach
Development Authority in FY 1993 to enable the Authority to provide
35
36
37
38
39
$100,000 to Ernst & Young to underwrite a portion of the costs of
on-site infrastructure improvements to Ernst & Young's regional
headquarters in the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8th day of 3un¢ , 1993.
40
41
42
43
CA-4822
ERNST.ORD
R-1
PREPARED: 06/01/93
APPROVED AS TO CONli~NTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
- 20 -
Item II-G. 13. a.b.
CONSENT AGENDA
ITEM 1136894
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance authorizing acquisition of perpetual easements for traffic
control signals and temporary construction easements (CIP 2-816),
either by agreement or condemnation at:
Pacific Avenue and 17th Street
Atlantic Avenue and raid Street
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy ~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PERPETUAL EASEMENTS
FOR TRAFFIC CONTROL SIGNALS AT: (1)
PACIFIC AVENUE AND 17TH STREET, AND
(2) ATLANTIC AVENUE AND 83RD STREET,
CIP 2-816, AND THE ACQUISITION OF
TEMPORARY CONSTRUCTION EASEMENTS,
EITHER BY AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
replacement of these important traffic control signals to provide
traffic control and for other public purposes for the preservation
of the safety, health, peace, good order, comfort, convenience, and
for the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the
acquisition by purchase or condemnation pursuant to Sections 15.1-
236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 (PW/Highway),
et seq., Title 25-46.1, et seq., Code of Virginia of 1950, as
amended, all those certain temporary and perpetual easements of
right of way as shown on the location maps entitled "PACIFIC AVENUE
AT 17TH STREET" and "ATLANTIC AVENUE AT 83RD STREET," these
location maps being on file in the Office of Real Estate Department
of Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby
authorized to make or cause to be made on behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persons having an interest in
said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
8 day of June .
, 1993
Beach, Virginia, on the
CA-4996 & CA-4997
NONCODE\CA-4996.ORD
R-1
&OVED AS TO CONTENTS
DEPARTMENT
- 21 -
Item II-G. 14
CONSENT AGENDA
ITEM #36895
Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED:
Ordinance appointing viewers in the petition of the City of Virginia
Beach for the closure of a portion of 19th Street between Arctic and
Pacific Avenues (VIRGINIA BEACH BOROUGH).
The Viewers are:
David M. Grochmal
Director of General Services
Robert J. Scott
Director of Planning
Ralph A. Smith
Director of Public Works
Voting: 9-2
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E.
Oberndo~ Nancy K Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
Robert K. Dean and John D. Moss
Council Members Absent:
None
June 8, 1993
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to beheld on the
8th day of June, 1993, at 2:00 P.M., in the City Council Chambers,
City Hall, Municipal Center, Virginia Beach, Virginia 23456, the
undersigned will petition the Council for the appointment of
Viewers to view the hereinafter described portion of 19th Street
and report to the City Council whether in the opinion of the
Viewers, what, if any, inconvenience would result from the
vacating, closing, and discontinuance of the portion of same. The
said portion of the street being described as follows:
ALL THAT certain lot, piece or parcel of land
between Arctic and Pacific Avenues designated
as "19TH STREET (80' R/W) AREA = 40,000 SQ.
FT. 0.92 ACRES" as shown on that certain plat
entitled "PLAT SHOWING STREET CLOSURE OF
PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF
SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE:
1"=100'," to which reference is hereby made
for a more particular description.
At that time, any affected person may appear and be
heard.
At the next regular meeting of the city Council after the
report of the Viewers is received, or as soon thereafter as the
matter may be placed on the Council agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of street in the City of Virginia Beach, Virginia as
described above.
CITY OF VIRGINIA BEACH,
a municipal corporation
Of do~un~eWlv '
Gary L. Fentress, Esquire
David S. Hay, Esquire
City Attorney's Office
Municipal Center
Virginia Beach, VA 23456
(804) 427-4531
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS 19TH STREET AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING
STREET CLOSURE OF PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED MAY 6, 1993,
ATTACHED HERETO AND MADE PART HEREOF.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, the City of Virginia Beach, respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and discontinuance of that certain
street, which is more specifically described as follows:
ALL THAT certain lot, piece or parcel of land between
Arctic and Pacific Avenues designated as "19TH STREET
(80' R/W) AREA = 40,000 SQ. FT. 0.92 ACRES" as shown on
that certain plat entitled "PLAT SHOWING STREET CLOSURE
OF PORTION OF 19TH STREET VIRGINIA BEACH BOROUGH--
VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY
OF VIRGINIA BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE:
1"=100'," to which reference is hereby made for a more
particular description.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of a portion
of said street; and the petitioner prays that this Honorable
Council appoint viewers as provided by law to view said platted
street proposed to be closed and to report in writing to the
Council as soon as practicable as to whether in the opinion of said
Viewers, what inconvenience, if any, would result from the
discontinuance and closing of a portion of said street, as herein
reported and described.
3. That on the 26th day of May, 1993, and the 2nd day of
June, 1993, Notice of the presenting of this Application was
published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia, as evidenced
by the Affidavit and Notice attached hereto.
Respectfully submitted,
CITY OF VIRGINIA BEACH
Gary L. Fentress
Deputy City Attorney
David S. Hay
Senior Assistant City Attorney
Municipal Center
Virginia Beach, VA 23456
(804) 427-4531
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach has given due and
proper notice, in accordance with the statutes for such cases made
and provided that they will on the 8th day of June, 1993, apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the hereinafter described property
and report in writing to the Council whether, in the opinion of
said Viewers, any, and if any, what inconvenience would result from
the discontinuance of such portion of the hereinafter described
street, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT Robert J. Scott, David M. Grochmal, and Ralph A.
Smith are hereby appointed to view the hereinafter described
property and report in writing to the Council as soon as possible,
whether, in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of that certain
portion of 19th Street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
ALL THAT certain lot, piece or parcel of land
between Arctic and Pacific Avenues designated
as "19TH STREET (80' R/W) AREA = 40,000 SQ.
FT. 0.92 ACRES" as shown on that certain plat
entitled "PLAT SHOWING STREET CLOSURE OF
PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF'
SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE:
1"=100'," to which reference is hereby made
for a more particular description.
All of the above as shown upon that certain plat entitled
PLAT SHOWING STREET CLOSURE OF PORTION OF 19TH STREET VIRGINIA
BEACH BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND
MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF
VIRGINIA BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE: 1"=100' "
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the street described
above.
Virginia,
Adopted
on this
by
the Council
8th day of
of the City of Virginia Beach,
3une , 1993.
APPROVED AS TO CONTENTS
D '~art,nent of Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY AND 15ORM
~,,~,,t or-C,,W "' /,:,-- Z. -5/.5
City of Virginia Beach
LESLIE L LILLEY MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH VA 23456 9004
(804) 427 4531
CERTIFICATE OF VESTING OF TITLE ~AX(804) 4265687
I,/ --O~R~ &. ~77%~, attorney for the City of Virginia
Beach, Virginia, do hereby state that:
1. I am an attorney at law and represent the City of
Virginia Beach, the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the Norfolk
Southern Railway Company which appears to own the underlying fee to
said portion of said street based upon a commitment for title
insurance issued on March 8, 1993, to the City of Virginia Beach
addressed to William C. Bunch, Jr. of the City Attorney's Office.
The statement referenced above is based solely upon the commitment
letter from Lawyers Title Insurance Company.
The said property referred to herein is hereby described
as follows:
ALL THAT certain lot, piece or parcel of land
between Arctic and Pacific Avenues designated
as "19TH STREET (80' R/W) AREA = 40,000 SQ.
FT. 0.92 ACRES" as shown on that certain plat
entitled "PLAT SHOWING STREET CLOSURE OF
PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF
SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE:
1"=100'," to which reference is hereby made
for a more particular description.
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, David S. Hay, attorney for the City of Virginia Beach,
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent the City
of Virginia Beach.
2. That on the~&~ day of ~~ , 1993, and on the ~-t-~
/
day of ~u~ , 1993, notice of the presenting of the application to
close a portion of that certain street known as 19th Street on
behalf of the City of Virginia Beach was published in the Virginia
Beach Sun, a newspaper of general circulation in the City of
Virginia Beach, Virginia.
And further the deponent saith not.
David . Hay
1993.
Subscribed and sworn to before me this
day
Notary Public
My commission expires:
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS 19TH STREET AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING
STREET CLOSURE OF PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED MAY 6, 1993,
ATTACHED HERETO AND MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has
been given by the City of Virginia Beach that it would make
application to the Council of the City of Virginia Beach, Virginia,
on June 8, 1993, 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:
ALL THAT certain lot, piece or parcel of land
between Arctic and Pacific Avenues designated
as "19TH STREET (80' R/W) AREA = 40,000 SQ.
FT. 0.92 ACRES" as shown on that certain plat
entitled "PLAT SHOWING STREET CLOSURE OF
PORTION OF 19TH STREET VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA BUREAU OF
SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: MAY 6, 1993 SCALE:
1"=100'," to which reference is hereby made
for a more particular description.
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 by the Council of the City of Virginia Beach,
Virginia, on this day of , 1993.
GPIN:
ME~$
h IG HWAY IMPROVEMENT PROJECT
SOUTH PLAZA TRAIL
CITY OF VIRGINIA BEACH
PRO~EC'I' ~ UOOO-1~4-1Z5-IO1~ C -5OI
FROM =INT. PRICE'SS ANNE ROAD
TOt INT. ~'OUTH INI:~I~#DL~CE BLVD.
LENGTH ~ O.1'3,0 MILES
o
%TVirginia Department of Triniportatlon
NORFOLK- VIRGINIA i~-.ACN E"XPR~w~y
MT. TRAIHMORE
PARK
~lt~tT[ o.~S E3.Et~-
Sc,~OOt-
GREEN RU~,
$CO( d
.Stele in Feel
1500
"
3OOO
RI~KI#zr ELEM. SCHOOL
I"XI~TINC, R /W
~'~1
~ 20 th STREET
~ N7609'IS'E 50000' EXISTING R/W
~ 45800 420tT__~
CITY OF VIRGINIA BEACH
o~.3o68 .~
GPIN NO 2427-17-0855
3200'
5~0~
19th STREET mo
~EA ' 37 440 EO rT .O~gO ACRES
~ .7~6'o~ts.w 4680~ ., .
GP/N NO 2427-0~-9524 GPIN NO 2427'17-2511
/ CI~Y OF VIRGINIA BEACH
/ GPIN NO ~4~7-17-0516 '
~ ~PIN NO. 2427-17-249~
I
,. ~,
< N76 09'1")"l: 500,00
~ 18 th STREET
PLAT
PZAr SHO~ING
STREET CLOSURE OF
PORTION OF 191h STREET
VIRGINIA BEACH BOROUGH---- VIRGINIA BE. ACH, VIRGINIA
DUREAIJ OF SUI-~/EYS AND MAI~PING
ENGINEERING O~I510N
DEP~I ~tENT OF PUBI lC ~ORK5
CI~ OF VIRGINIA BETH, VIRGINIA
DATE~ MAY 6,1993
- 22 -
Item H-G. 15
CONSENT ,4 GEND,4
ITEM 1136896
Upon motion by Vice Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED:
Resolution approving location and design of South Plaza Trail and
requesting Virginia Department of Transportation (VDOT) acquire the
rights-of-way.
Voting: 7-4
Council Members Voting ,4ye:
John `4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J Lanteigne, and Vice Mayor William D
Sessorns, Jr.
Council Members Voting Nay:
Robert I~ Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy'
K. Parker
Council Members ,4bsent:
None
June 8, 1993
RESOLUTION APPROVING THE LOCATION AND DESIGN
OF SOUTH PLAZA TRAIL AND REQUESTING THE
VIRGINIA DEPARTMENT OF TRANSPORTATION
TO ACQUIRE THE RIGHTS-OF-WAY
WHEREAS, a Notice of Willingness to Hold a Public Hearing was
posted for the purpose of considering the design features for South
Plaza Trail, Project No. U000-134-125, PE101, RW201, C501 in the
City of Virginia Beach; and
WHEREAS, Section 33.1-89 of the Code of Virginia authorizes
the Department of Transportation to acquire rights-of-way for the
construction of such projects, upon official request from the City;
and
WHEREAS, the City Council has previously requested the
Department to program this project; now
THEREFORE, BE IT RESOLVED, that the City Council of Virginia
Beach hereby approves the location and major design features of the
proposed project as presently designed; and
BE IT FURTHER RESOLVED, that the Council hereby requests the
Department to acquire the necessary rights-of-way for Project U000-
134-125 and to convey the title to such rkght-of-way to the City,
which agrees to reimburse the Department for two percent (2%) of
all costs incurred in the acquisition and conveyance of such
rights-of-way; and
BE IT FURTHER RESOLVED, that the City Manager is hereby
authorized to execute, on behalf of the City of Virginia Beach, all
necessary utility agreements required in conjunction with acquiring
such rights-of-way.
ADOPTED by the Council of the City of Virginia Beach,
Virginia, this Eighth day of June , 1993~.
APPROVED:
ATTEST:
Clerk of the Council
nfe
'APPROVED AS TO LEGAL Y ~D FORM
- 23 -
Item H-G. 16
CONSENT AGENDA
ITEM #36897
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Request for Access from Ferrell Parkway for Hampton Roads Sanitation
District Kempsville Booster Pump Station.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D
Moss, Mayor Meyera E. Oberndo~ Nancy K Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
- 24 -
Item H-G. 17
CONSENT AGENDA
ITEM 1136898
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Application for Annual Permit Renewal for private, municipal and non-
profit organizations operating emergency medical service agencies or
vehicles within the City, pursuant to Section 10.5-2 of the City Code:
Chesapeake Emergency Medical Services
Children's Hospital of the Kdngs Daughters
Eastern Medical Transport
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals Ltd.
~rginia Beach Lifesaving Service
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
- 25 -
Item II-H. 1.
RESOLUTIONS
ITEM #$6899
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution approving issuance of the Virginia Beach Development
Authority 's REFUNDING BOND:
Pembroke Lake Apartment Associates, Ltd. $10,000,000
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert 3L Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
Date:
FISCAL IMPACT STATEMENT
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(PEMBROKE LAKE APARTMENTS)
TO: THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME:
TYPE OF
FACILITY:
Pembroke Lake Apartment Associates, Ltd., an
Alabama limited partnership
A 294 unit multi-family residential rental project
located at 700 Moraine Court in Virginia Beach,
Virginia
,
Maximum amount of financing sought:
Not to Exceed
$10,000,000.00
.
Taxable value of the
facility's real property
constructed in the municipality
$9,458,865.00
,
Real property tax per
year using present tax rates
$97,867.52
Personal property tax
per year using present tax rates
$9.46
,
Merchants' capital tax
per year using present tax rates
N/A
,
Dollar value per year of
goods and services
purchased locally (1992)
$565,893.00
,
Number of regular employees
on year round basis
8. Average annual salary per employee
$17,216.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with respect
thereto.
Chairman, City of virginia Beach
Development Authority
66015 1/GRF WAE
4/29/93
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
(Pembroke Lake Apartments)
WHEREAS, the City of Virginia Beach Development Authority
(the "Issuer"), has considered the application of Pembroke Lake
Apartment Associates, Ltd., an Alabama limited partnership (the
"Developer"), for the issuance of the Issuer's refund£ng revenue
bonds in an amount not to exceed $10,000,000 (the "Bonds") to
assist in refunding the Issuer's $8,550,000 Multi-Family Housing
Revenue Bonds, 1985 Series A (Pembroke Lake Apartment Associates,
Ltd. Project) (the "Prior Bonds") issued to assist in the
financing of the acquisition and renovation by the Developer of a
294 unit multi-family residential rental project located at 700
Moraine Court in Virginia Beach, Virginia (the "Project") and has
held a public hearing thereon on May 18, 1993; and
WHEREAS, the Issuer has requested the City Council (the
"Council") of the City of Virginia Beach, Virginia (the "City")
to approve the refunding of the Prior Bonds and issuance of the
Bonds by the Issuer to comply with Section 147(f)(2) of the
Internal Revenue Code of 1986, as amended, and proposed final
Treasury regulations issued thereunder; and
WHEREAS, a copy of the Issuer's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearings held thereon has been filed with
the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council approves the refunding of the Prior Bonds
and further approves issuance of the Bonds by the Issuer for the
benefit of the Developer, to the extent of and as required by
Section 147(f)(2) of the Internal Revenue Code, to permit the
Issuer to assist in the refunding of the Prior Bonds.
2. The approval of the issuance of the Bonds, as required
by Section 147(f)(2), does not constitute an endorsement of the
Bonds or the creditworthiness of the Developer, and the Bonds
shall provide that neither the City nor the Issuer shall be
obligated to pay the Bonds or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power of
the Commonwealth, the City, nor the Issuer shall be pledged
thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
June $ , 1993.
#66011.Apr~l 29, 1995:we
SICs'.-. h,~ATU'~E
Ar?~("','rg '~ S TO LEGAL
--
CITY ATTORNEY
- 26 -
Item H-H. 2.
RESOLUTIONS
ITEM 1136900
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Resolution supporting efforts of the State Supreme Court to utilize the
Commonwealth's savings from transporting prisoners by airplane re
purchase of new airplane for the Virginia Beach Police Department; and,
committing the City provide funding resources up to $225,000 in value
to complete the purchase.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
A RESOLUTION SUPPORTING THE EFFORTS OF THE STATE SUPREME COURT TO
UTILIZE THE COMMONWEALTH'S SAVINGS FROM TRANSPORTING PRISONERS BY
AIRPLANE FOR THE PURPOSE OF PURCHASING A NEW AIRPLANE FOR THE CITY OF
VIRGINIA BEACH POLICE DEPARTMENT AND COMMITTING THE CITY TO PROVIDE
RESOURCES UP TO $225,000 IN VALUE TO COMPLETE THE PURCHASE
WHEREAS, the City of Virginia Beach Police Department
Airplane has provided a cost effective method of transporting
prisoners, both to the City by saving approximately 4,700 manhours per
year and to the State Supreme Court with an estimated saving of
$275,000 per year,
WHEREAS, if the Commonwealth was to utilize its current
savings of approximately $275,000 to aid in the purchase of a new
airplane for the City with larger capacity and increased efficiencies,
both the City and the Commonwealth would received additional
transporting cost savings,
WHEREAS, the City could provide up to $225,000 towards this
purchase with the resources provided through a combination of the
resale of the existing airplane and other funds.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that it supports the efforts of the State
Supreme Court to utilize the Commonwealth's savings from this method
of transporting prisoners for the purpose of purchasing a new airplane
for the City of Virginia Beach Police Department and requests that the
Governor authorize such a transfer of funds.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
commits to providing up to $225,000 in additional resources pending
state approval of funds for the airplane purchase.
23
24
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 8th day of June , 1993.
APPROVED AS TO
LEGAL SUFFICIENCY
I I I IIII i ii
Approved as to Content
Wal'ter C. Kra~a~r, Jr.
Deputy Director
Management and Budget
- 27 -
Item II-K. 1.
PUBLIC HEARING
ITEM #36901
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) DORIS ALSTON
VARIANCE
(b) RONELL NICHOLS
CONDITIONAL USE PERMIT
(c) MID-ATLANTIC BOAT STORAGE
& MID-ATLANTIC ENGINEERING
CONDITIONAL USE PERMIT
(d) EUROPEAN A UTOWERKS, INC.
CONDITIONAL USE PERMIT
PLANNING
(a) THOMAS W. GODFREY, SR. AND
MARGARET C. GODFREY
STREET CLOSURE
(b) DOROTHY G. CALDWELL
CONDITIONAL USE PERMIT
June 8, 1993
- 28 -
Item II-L1.
PUBLIC HEARING
ITEM #36902
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council APPROVED IN
ONE MOTION items a, b, c and d of the PLANNING BY CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D
Moss, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
- 29 -
Item II-I.l.a.
PUBLIC HEARING
ITEM #36903
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
application of DORIS ALSTON for a Variance to Section 4.4(b)of the Subdivision Ordinance which
requires all lots created to meet all requirements of the City Zoning Ordinance and Section 4.4(d) which
requires that all lots created have access to a public street, at 4875 Baxter Road.
Appeal from Decisions of Administrative officers in regard to certain
elements of the subdivision Ordinance, Subdivision for Doris Alston.
Proeprty is located at 4875 Baxter Road. KEMPSVILLE BOROUGH.
The following conditions shall be required.
.
2.
Prior to the commencement of any land disturbing activities, the
applicant shall meet on-site with Planning Department
personnel in order to identify areas of tree preservation. Areas
of agreed-upon tree preservation must be clearly noted on the
final subdivision plan and recorded plats.
Proposed lots Y and Z shall have a shared-access in the fifteen
(15)-foot stem of Lot Z.
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 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o_f June. Ntneteen Hundred
and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
STATEMENT OF CONSENT
APPLICANT:
DORIS ALSTON
APPLICATION:
Variance -
4875 Baxter Road
(KEMPSVILLE BOROUGH)
DESCRIPTION:
Section 4.4(b), Subdivision Ordinance
(lots created by subdivision meet requirements of the CZO)
Section 4.4(d), Subdivision Ordinance
(direct access to a public street)
CITY COUNCIL SESSION:
June 8, 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:
.
.
Prior to the commencement of any land d~sturbing activities, the
applicant shall meet on site with Planning Department personnel in
order to identify areas of tree preservation. Areas of agreed-upon
tree preservation must be clearly noted on the final subdivision plan
and recorded plats.
Proposed Lots Y and Z shall have a shared access in the fifteen-
foot stem of Lot Z.
Owner
- 30 -
Item H-Ll.b.
PUBLIC HEARING
ITEM #36904
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED the
Ordinance upon application of RONELL NICHOLAS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RONELL NICHOLS FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R06931827
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of Ronell Nichols for a Conditional Use
Permit for a church on the north side of Providence Road, 500 feet more
or less west of College Park Boulevard. Said parcel is located at 6421
Providence Road and contains 23,696 square feet. KEMPSVILLE
BOROUGH.
The following condition shall be required:
A stormwater management facility meeting the requirements of
the City Stormwater Management Ordinance shall be installed
within the property.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of June, Ntneteen Hundred
and Ninety-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
STATEMENT OF CONSENT
APPLICANT:
RONELL NICHOLS
APPLICATION:
Conditional Use Permit -
Providence Road/College Park Boulevard
(KEMPSVILLE BOROUGH)
DESCRIPTION: Church
CITY COUNCIL SESSION:
June 8,1993
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:
.
A stormwater management facility meeting the requirements of the
City Stormwater Management Ordinance shall be installed within
the property.
Owner
By:
Attorney/Agent
- 31 -
Item II-L 1.c.
PUBLIC HEARING
ITEM #36905
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED the
Ordinance upon application of MID-ATLANTIC BOAT STORAGE AND MID-ATLANTIC
ENGINEERING for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MID-ATLANTIC BOAT
STORAGE AND MID-ATLANTIC ENGINEERING FOR A
CONDITIONAL USE PERMIT R06931828
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mid-Atlantic Boat storage and Mid-
Atlantic Engineering for a Conditional Use Permit for bulk storage and
an automotive repair garage on the north side of Potters Road, 565 feet
west of First Colonial Road. Said parcel is located at 1732 Potters Road
and contains 2.129 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
The applicant must obtain a variance from the Board of Zoning
Appeals to the Category VI landscape screening requirement.
All repair work is to be conducted inside of the building(s). No
outside storage of new or used parts will be permitted.
The applicant has agreed to provide Category I screening along
the boundary line nearest the church.
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.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of June, Nineteen Hundred
and Ninety- Three.
June 8, 1993
Item II-L 1.c.
PUBLIC HEARING
ITEM #36905 (Continued)
PLANNING BY CONSENT
Voting: I1-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis 1~ Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and V~ce Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
STATEMENT OF CONSENT
APPLICANT:
MID-ATLANTIC BOAT STORAGE
& MID-ATLANTIC ENGINEERING
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Conditional Use Permit -
Potters Road/First Colonial Road
(LYNNHAVEN BOROUGH)
Bulk storage/automotive repair garage
June 8, 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:
.
.
.
The Applicant must obtain a variance from the Board of Zoning
Appeals to the Category VI landscape screening requirement.
All repair work is to be conducted inside of the building(s). No
outside storage of new or used parts will be permitted.
The Applicant has agreed to provide Category I screening along the
boundary line nearest the church.
By:
Attorney/Agent
Date:
- 33 -
Item II-L I.d.
PUBLIC HEARING
ITEM #36906
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED the
Ordinance upon application of EUROPEAN AUTOWERKS, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EUROPEAN AUTOWERKS,
INC., FOR A COND~IONAL USE PERMIT R06931829
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of European Autowerks, Inc., for a
Conditional Use Permit for an automotive repair facility on the south
side of Virginia Beach Boulevard, 530.80 feet west of Toy Avenue. Said
parcel is located at 5461 Virginia Beach Boulevard and contains
41,81Z6 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. No additional garage door entrances shall be permitted.
2. This request is approved for a period of three (3) years.
.
If a Board of Zoning Appeals variance ts granted for
landscaping requirements outlined in Section 224 of the City
Zoning Ordinance, the applicant must develop and submit an
alternative landscape plan, to the Planning Department, that
adequately screens the adjoining properties on the rear portion
of the site.
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 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of June, Nineteen Hundred
and Ninety-Three.
June 8, 1993
- 34 -
Item II-L 1.d.
PUBLIC HEARING
ITEM #36906 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Yoting ~lye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf,, Nancy lC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ~4bsent:
None
June 8, 1993
STATEMENT OF CONSENT
APPLICANT:
EUROPEAN AUTOWERKS, INC.
APPLICATION:
Conditional Use Permit -
Virginia Beach Boulevard/Toy Avenue
(BAYSIDE BOROUGH)
DESCRIPTION:
Automotive repair facility
CITY COUNCIL SESSION:
June 8,1993
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:
,
.
.
No additional garage door entrances shall be permitted.
This request is approved for a period of three years.
If a Board of Zoning Appeals variance is granted for landscaping
requirements outlined in Section 224 of the City Zoning Ordinance,
the Applicant must develop and submit an alternative landscape
plan to the Planning Department that adequately screens the
adjoining properties on the rear portion of the site.
Owner
By:
Attorney/Agent
Date:
- 35 -
Item II-I.2.¢~.
PUBLIC HEARING
ITEM 1136907
PLANNING
Attorney Charles Salle',192 Ballard Court, Phone: 490-3000, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council DEFERRED FOR
AN ADDITIONAL 180 DAYS the Petition of THOMAS W. GODFREY, SR. and MARGARET C.
GODFREY for the discontinuance, closure and abandonment of a portion of a cul-de-sac on the East
side of Bray Road.
Application of Thomas W.. Godfrey, Sr., & Margaret C. Godfrey for the
discontinuance, closure and abandonment of a portion of a cul-de-sac
located on the east side of Bray Road, 329.61 feet north of Lynn Acres
Road. Said parcel contains 1,943 square feet. LYNNHA VEN BOROUGH.
Condition No. 2 shall be DELETED from the December 8, 1992 approval:
Applicant shall be required to dedicate utili~_ easements for compliance
by December 7, 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndor];, Nancy lC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June & 1993
- 36 -
Item H-L2. b.
PUBLIC HEARING
ITEM #36908
PLANNING
Dorothy G. Caldwell, 1973 Hidden Valley Drive, Phone: 479-3330, represented the applicant
Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED an
Ordinance upon application of DOROTHY G. CALDWELL for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DOROTHY G. CALDWELL
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(INCOME TAX AND ACCOUNTING SERVICE) R06931830
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dorothy G. Caldwell for a Conditional
Use Permit for a home occupation (income tax and accounting service)
at the northeast corner of Hidden Valley Drive an Blue Knob Road. Said
parcel is located at 1973 Hidden Valley Drive and contains 8276 square
feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. No on-street parla'ng shall be allowed except for residents.
.
Hours of operation shall be 8:30 AM to 9:30 PM. However,
during the months of January through April, the hours of
operation may be extended to 10:30 P.M.
Only one (1) employee, excluding the applicant, shall be hired
for this home occupation.
This conditional use permit is approved for a two (2)-year
period.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
June 8, 1993
- 37 -
Item II-J. 1.
APPOINTMENTS
ITEM 1136909
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
FRANCIS LAND HOUSE
June 8, 1993
- 38 -
Item II-J. 2.
APPOINTMENTS
ITEM 1136910
Upon NOMINATION by V~ce Mayor Sessoms, City Council:
HAMPTON ROADS PLANNING DISTRICT COMMISSION
APPOINTED:
Nancy K. Parker
2-year term
7/1/93 - 6/30/95
REAPPOINTED:
Robert W. Clyburn
James K. Spore
2-year terms
7/1/95 - 6/30/95
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker and V~ce Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June & 1993
- 39 -
Item II-K. 1.
UNFINISHED BUSINESS
ITEM #36911
Councilman Moss referenced the substantial funds expended on data base maintenance and entering data.
The Planning Department's Electronic Mapping System is not the same system utilized for appraising
property. The City's mapping system does not integrate with the School Board's system. A tremendous
amount of funds are being expended for multiple management information systems which have a lot of
common data elements; i.e, address, property owners. Citizens have advised owning several different
properties and having several bills sent to the same address, rather than in one envelope. Postage is a
major expense. Patricia Phillips, Director of Finance, is investigating this issue from an information
resource and financial point of view. Councilman Moss believed there are significant cost savings, which
can be achieved in the area of all data maintained and thus making it more useful to the citizens.
Councilman Moss wished this to be a priority issue for the City Staff to investigate. Perhaps the Financial
Audits of the various departments could be expanded to include a program audit to research the
commonalities among the various information systems maintained and how they might be integrated, and
the dollars saved.
Councilman Moss advised the paperwork received by the City Council is enormous. It is an overwhelming
task to disseminate all the information.
The City Clerk has been working with Councilman Moss concerning computerizing the City Council and
eliminating paper. ,,Ill records are now stored on an Optical Imaging system in the Clerk's office and this
information could be transmitted to the City Council electronically over the same wires as the fax
machines. This would reduce paper and the time of transmission.
The City Attorney has a very sophisticated system which serves the City Council adequately.
Vice Mayor Sessoms concurred with Councilman Moss and believed it was the time to move forward with
computerization.
The City Manager advised a project is now underway to develop a revised strategic plan for Information
Technology.
June 8, 1993
Item II-K2.
UNFINISHED BUSINESS
ITEM #36912
The following spoke concerning Reapportionment:
John O. Parrnele, 1316 Yawl Point, Phone: 481-1289
Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, Chairman of the Council of Civic
Organizations - Reapportionment Committee
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Les Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the Great Neck Association of Civic
Leagues
The City Attorney advised, as a result of responses to inquiries regarding options and considerations for
reapportionment, the staff analysis indicates the City Council favors an eleven member Ctty Council with
trends of support for three separate concepts: Existing 7-4 Plan, CCO Plan, and a Modified 7-4 Plan,
which wouM consolidate Blackwater and Pungo Boroughs into one Borough and splits Kempsville into
two Boroughs.
A MOTION was made by Councilman Dean to ADD TO THE AGENDA: Ordinance Directing Further
Analysis of selected Alternative Electoral Plans and Transferring $18,000 for such purposes. This Motion
was WITHDRAWN.
Upon motion by Councilman Moss, seconded by Councilman Jones, City Council SCHEDULED for the
City Council Session of July 6, 1993:
Ordinance directing Further Analysis of selected Alternative Electoral
Plans and Transferring $18,000 for such purposes.
Voting: I0-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W..
Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Mayor Meyera
E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
June 8, 1993
Item H-K3.
UNFINISHED BUSINESS
ITEM #36913
ADD-ON
Councilman Baum referenced the miscalculations of the Storm Water Management Utility. His bill was
received on Saturday. Councilman Baum anticipated a bill for $33.00, instead he received a biff in the
amount of $1,828.00. The biff stated in some cases dirt roads were included and adjustments might be
made. In future months, fieM verifications of these sites will be made by the City Staff to determine if
agricultural property is being used for nonresidential purposes and having impervious areas, excluding
gravel areas, which will require higher billing When this was discussed during the City Council Session,
the ERU Rate was only to apply to the residences in the rural areas. The farmers use to receive federal
funds for ditches, which are no longer available. All of the drainage systems are now installed by the
farmers and additional fees should not be imposed. There should be individuals on City Staff who come
from the flatlands and understand the problems. Councilman Baum advised he had approximately 520
acres, with no income, which the City Staff biffed at $1100. Councilman Baum wanted official notification
before any City Workers appeared on his property.
Councilman Moss advised complaints received from citizens regarding the wording in the biff and the
Ordinance does not contain a provision for providing an offset for the fees for citizens who have had to
provided onsite mitigation for stormwater runoff. Councilman Moss requested the City Attorney prepare
an administrative fee offset on the agenda for the City Council Session of June 22, 1993.
Councilman Moss again requested a progress report by the June Twenty-Second Session regarding the
Storm Water Management Utility.
Councilman Dean advised it was not the environmental community which pushed for increased fees. The
original intent was to clean up surface water pollution.
The City Manager referenced the errors on the agricultural biffing. The City Manager advised there are
businesses in the area, which might be zoned agriculture and have runoff requirements which are different
from farm property. The City Staff is attempting to implement the Council's intent regarding the payment
of a fee based on one residential unit equivalent per agricultural piece of property on the bill corrections.
If there are business operations on some of these properties, this might constitute an exception.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the Storm Water
Management Utility and advised all bills from the City should be consolidated.
June 8, 1993
Item H-L. 1.
NEW BUSINESS
ITEM #36914
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council AGREED TO MOVE
FORWARD prior to UNFINISHED BUSINESS:
Resolution approving public recreation and construction easement
agreements at Sandbridge and establishing a special Tax District.
(Sponsored by Councilman Paul J. Lanteigne)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 1993
Item II-L. 2.
NEW BUSINESS
ITEM #36915
The following registered in SUPPORT of the Resolution:
Thomas E. Fraim, 2462 Sandfiddler Road, Phone. 721-3366, Presidnet of the Sandbridge Beach Civic
League. Mr. Fraim distributed Report to City Council containing Excerpts from Beach Management Plan,
Summary of Characteristics of Sandbridge, Engineering Studies, Perspective on Sandbridge, The Potential
for Disaster, Coastal Forum Discussion and Closure and Economic Impact of Sandbridge. Said report
is hereby made a part of the record.
Jean Siebert, 601 Sandbridge Road, Phone: 426-6200
Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Friends of Back Bay/Save our
Sandbridge
Chris Hopkins, 2941 Wood Duck Drive, Phone: 426-7295, Vice President of Sandbridge Civic League.
Herb Culpepper, 1771 Princess Anne Road, Phone: 426-6111, President of the Back Bay/Pungo Civic
Leagues. Mr. Culpepper distributed a letter in SUPPORT of the Resolution.
Bill Sinclair, 3609 Sandpiper Road, Phone: 721-3537
Colonel John T. Sprague, Jr., 2636 Sandbridge Road, Phone: 426-2665
Vince Ferranti, 2721 Sandfiddler Road, Phone: 520-4628
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the Sandbridge
Oceanfront Property Owners Association, Inc.
George Owens, 2216 Sandfiddler Road
The following registered neither in SUPPORT nor OPPOSITION:
Helen McDonald, 2360 Sandfiddler Road, Phone: 426-6653, advised this Resolution repeals the
Resolution adopted on August 7, 1990, concerning cost-shared federal beach nourishment.
Judy Gearhart, 2865 Sandpiper, Phone: 426-7700. Sandbridge needs sand replenishment.
The following registered in OPPOSITION:
Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000
John O. Parmele, 1316 Yawl Point, Phone: 481-1259
Councilman Lanteigne shared a report of Patricia Phillips, Director of Finance, with City Council. The
report encompassed a Fiscal Analysis of Revenues and Expenditures associated with Sandbridge for the
projected year 1993-1994. The revenues generated from SandbrMge in 1993 are approximately $3.1-
MILLION. The City's expenditures for governmental support total $1.6-MILLION. This' achieves a Net
Revenue of $1.5-MILLION. In 1994, this Net Revenue amounts to $1.4-MILLION. Approximately
$807,000 a year is needed for continual sand renourishment. The City owns approximately 20% of the
real estate in Sandbridge.
A MOTION was made by Councilman Lanteigne, seconded by Councilman Brazier, to ADOPT, AS
REVISED, a Resolution approving public recreation and construction easement agreements at
Sandbridge and establishing a special Tax District.
June 8, 1993
Item II-L. 2.
NEW BUSINESS
ITEM 1136915 (Continued)
Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilman Dean, City Council
DENIED:
Resolution, AS REVISED, approving public recreation and construction
easement agreements at Sandbridge and establishing a special Tax
District.
Voting: 6-5
Council Members Voting Aye:
John A. Baurn, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy I~ Parker
Council Members Voting Nay:
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul
J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
June & 1993
Item II-M.I.
ADJOURNMENT
ITEM #36916
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 5:25 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 8, 1993
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: JUNE 8. 1993 B R L T R P E
PAGE: I R A Y J E N A S
B A Z B D O I M D R S
A N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
I/II/E CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
F MINUTES - June 1. 1993 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/1 Ord,nance to AMEND Sect,xt 2-425 of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
the Code re EMS false representation of
cert~catlon
2 Ordinance to AMEND Sections of the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Code/ADDING Section 21-260 re Motor
Veh,:le/TraflK: Code
3 Ordinance to AMEND Sect~)n 21-338 of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
the Code re chemK:al tesbng for blood
alcohol
4 Ordinance to AMEND Sect,~n 23-7/ ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
23-26/23-34 of the Code re
m~sdemeanor offenses
5 Ordinance declanng certmn City property ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
adjacent to that owned by London Mews
Associates (formerly Pmnt O'Woods Co )
at Great Neck Road. South of Rustwood
Lane. as EXCESS property/authorizing
d=pose of same
6 Ordinance to ACCEPT/APPROPRIATE ADOPTED 11-0 Y Y Y Y Y Y ¥ Y Y Y Y
$2.500 from VA Hous~ng/CommunW
Development to Housing/Neighborhood
Preservation re emergency home repmr
program
7 Ord.nance to ACCEPT/APPROPRIATE ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$150.000 from VA Housing Fund's Indoor
Pluml~ng/Rehab~l~ation Program re
housing rehabilitation
8 Ordinance re VDOT ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
(a) TRANSFER $2.860.397 to
Constituhon Drive re reimburse for
State the expenditures.
(b) APPROPRIATE $2.811.357 to Indian
River Road Phase V as State
revenues
9 ordinances re Commun~y Development ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Block Grant Funds:
(a) TRANSFER $148.766 re ~ndlreot
c:o~ts/~p~l prolects/emergency
housing repairs
(b) TRANSFER $50.000 to Seatack lib
re additional street improvements
10 Ordinance to TRANSFER $687.000 In ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
surplus funds from various ClP Project to
other Projects re align avmlable
approprlat~ns w~th current/projected
expenditures
11 ordinance to TRANSFER $201.767 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Juvenile Probation re detent~ort/group
home serwces
12 Ordinance author,~mg TRANSFER ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
$100.000 from Economic Development
Investment Account to Development
Authority re underwrite portion of the
costs of on-s~te ;nfrastructure
improvements to Ernst & Young's regional
headquarters
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
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B C N E S
DATE: JUNE 8, 1993 B R L T R P E
PAGE: 2 R A Y J E N A S
B A Z B D O I M D R S
^ N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
13 Ordinance authorizing aoquis~bon of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
perpetual easements for traffic control
s~gnais/temporary construction
easements, by agreement or
condemnat[on, at
(a) Pacffm ^venue/17th Street
(b) Atlantm ^venue/83rd Street
14 Ordinance appointing vmws in petition of Al)OPTED 9-2 Y Y Y Y N Y Y N Y Y Y
the C~ty for closure of a portion of 19th
Street between Arctlc,/Paaflc Avenues
(VIRGINIA BEACH BOROUGH)
15 Resolubon approving locat~on/demgn of ADOPTED 7-4 Y Y Y Y N Y Y N N N Y
South Plaza Trml/request]ng VDOT
acquire r-o-w
16 Request for Access from Ferrell Parkway AUTHORIZED 11-0 Y Y Y Y Y Y Y Y Y Y Y
for Hampton Roads SanRatK~n D~str,ct ACCESS
Kernpsvdle Booster Pump Stat[on
17 Annual Permit Renewal for emergency APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
med~,al servK=e aganc~es or veh=les
w~thln the City'
(1) Chesapeake Emergency Medical
Sen~ces
(2) Children's Hospital of the Kings
Daughters
(3) Eastern Medical Transport
(4) Medical Transport, Inc
(5) Mercy/'rMewater Ambulance Service
(6) Nmghtlngale AJr Ambulance
(7) Norfolk Fire and Paramedical
(8) Ocean Rentals Ltd
(9) Virginia Beach l. Jfesaving Service
H/1 ROSOlUtK)n approving ~ssuance of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Development Authority's REFUNDING
BOND
Pembroke Lake Apartment $10,000,000
Associates, Ltd
2 Resolutmn supporting Statement ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Supreme Court to utd~ze savings from
transporting prisoners by mrplane re
purchase of new airplane for Virglnm
Beach Pol~ce/comm~lJng the City provMe
funding resources up to $225,000 in value
to complete the purchase
I/1/a DORIS ALSTON Variance to Sect~n APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
4 4(b) of Subdivision Ordinance all lots CONDITIONED
created meet requirements of CZO/
Section 4 4(d) all lots have access to a
public street, at 4875 Baxter Road
(KEMPSViLLE BOROUGH)
b RONELL NICHOLS CUP: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
church on Providence Road/ CONDITIONED
College Park Boulevard
(KEMPSViLLE BOROUGH)
c MID-ATLANTIC BOAT STORAG~ID- APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
ATLANTIC ENGINEERING CUP: CONDITIONED
bulk storage/auto repair garage on
Potters Road/First Colonial Road
(LYNNHAVEN BOROUGH)
d EUROPEAN ^UTOWERKS, INC CUP' APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
auto repair on Virginia Beach Boulevard/ CONDITIONED
Toy Avenue
(BAYSIDE BOROUGH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: JUNE 8, 1993 B R L T R P E
PAGE: 3 R A Y J E N A S
B A Z B D O I M D R S
A N I U E N G O O K O
AGENDA U C E R A E N S R E M
ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S
2/a THOMAS W. GODFREY, (a) DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SR/MARC_.-.-.-.-.-.-.-.-~ET C. GODFREY closure of ADDITIONAL
port, on of cul-de-sac on Bray Road/ 180 DAYS
Lynn Acres Road (12/7/93)/
(LYNNHAVEN BOROUGH) (b) DELETED
CONDITION//2
OF 12/8/92
APPROVAl./
(c) REQUIRED
DEDICATION
OF UTIETY
EASEMENTS
FOR
COMPMANCE
b DOROTHY G. CALDWELL CUP. home APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y
occupabon (income tax/accounting CONDITIONED
serv~e at Hidden Valley Drive/
Blue Knob Road
(KEMPSVILLE BOROUGH)
J APPOINTMENTS.
FRANCIS LAND HOUSE BOARD OF RESCHEDULED 11-0 B Y C O N S E N S U S
GOVERNORS
HAMPTON ROADS PLANNING 2-year terms 11-0 Y Y Y Y Y Y Y Y Y Y Y
DISTRICT COMMISSION 7/1/93-6/30/95
Nancy K Parker APPOINTED
Robert W. Clyburn REAPPOINTED
James K. Spore
K/1 I~scuss~on. Management Information
Systems Integration
Reapporbonment - 7-4 Electoral Plan SCHEDULED 10-0 Y Y Y Y Y Y A Y Y Y Y
Process - Options APPROPRIA-
TION
ORDINANCE
FOR 7/6/93
ADD Ekscuss~3n re Stormwater Mgm Fee and
ON first b~llmg to ~Tens
LJl/a ResolutK)n, as amended, approwng publ~: DENIED 6-5 Y N N N Y Y N Y Y Y N
recreabon essement/construct~on
easement agreements at SandbrKfl3e/
establishing a special Tax D~stnct
(Sponsored by Councilman Paul J
Lante~gne)
M ADJOURNMENT: 5 25 PM
CITY COUNCIL RECESS
July 14 - 31, 1993