OCTOBER 12, 1993 MINUTESCity o£ XTir~i~i~ [~¢~clq
"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
LINWOOD 0 BRANCH Ill, VzrDma Beach Borough
JAMES W BRAZIER, JR, Lynnhaven l~orough
ROBERT W CLYBURN, Kempsvdle Borough
ROBERT K DEAN, Pnncess Anne Borough
LOUIS R JONES, Bays~de Borough
PAUL J LANTEIGNE Pungo Borough
JOHN D MOSS, At Large
NANCY K PARKER, Al Large
JAMES K SPORE City Manager
LESLIE L LILLEY, Czty Attorney
RUTH k/ODGES SMITH CMC '"' AAE, C~tv Clerk
CITY COUNCIL AGENDA
281 ( ITY H4LL BUILDING
~U~II( IP4L ( ENTkR
VIR( ,INI4 B~ A£ tt VIRGISql4 2 ~45~ 9005
1804i 427 430~
OCTOBER 12, 1993
CIP WORKSHOP
A.
Virginia Beach City Schools
Storm Water
- Council Chamber -
10:00 AM
II.
CITY MANAGER'S BRIEFING
- Council Chamber -
A.
VIRGINIA MARINE SCIENCE MUSEUM FUNDING
Patricia A. Phillips, Director of Finance
.
History of Charter changes re General Obligation Bond authority
Alternate approaches to financing the Virginia Marine Science Museum
Schedule for issuing debt
12:00 NOON
II1.
INFORMAL SESSION
A,
S.
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
- Council Chamber -
12:30 PM
IV.
FORMAL SESSION
- Council Chamber -
A,
a.
C.
CALL TO ORDER - Mayor Meyera E. Obemdorf
INVOCATION: Father Dwight Shrader
St. John's, The Apostle Catholic Church
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
- September 28, 1993
2:00 PM
G. CITY COUNCIL COMMITTEE REPORT
.
VIRGINIA BEACH CRIME TASK FORCE
Charles W. Gardner, Chairman
H. PRESENTATION
.
SUMMER RESULTS
James B. Ricketts, Director, Convention and Visitor Development
Pete Leddy, Barker, Campbell and Farley
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach:
a. Chapter 8 re Buildings and Building Regulations.
b.
Sections 16-11 and 16-12 re Housing and Building Maintenance; and,
amending Chapter 16 by ADDING Article III, Section 16-35 re unsafe structures.
.
Ordinance authorizing the City Manager convey to the Virginia Department of
Transportation (VDOT) property for right-of-way and easements re Landstown Road
Project (ClP 2-037).
.
Ordinance to ACCEPT and APPROPRIATE $66,000 in State Intensified Drug Assistance
Program Grant Funds from the Virginia Department of Criminal Justice Services (VIA the
City of Norfolk) to the Virginia Beach Police Department re acquisition of Computer
Technology for the Comprehensive Regional Information Management and Exchange
System (CRIMES) and that revenues be increased accordingly.
.
Ordinance to ACCEPT and APPROPRIATE a $5,250 Grant from the Virginia Department
of Emergency Medical Services, Rescue Squad Assistance Fund to the Virginia Beach
General Fund re purchasing Hepatitis-B vaccine for members of the Department of
Emergency Medical Services (EMS) and increase estimated revenue accordingly.
.
Ordinance to TRANSFER $300,000 from the Larkspur Sewer Project (6-945) to Terrace
Avenue/14th and Parks Pump Station and Force Main Improvements Sewer Project
(6-044) re construction costs and allow for a construction contingency.
6. Ordinance authorizing Tax Refunds in the amount of $8,132.09.
7. Ordinance authorizing License Refunds in the amount of $4,383.83.
J. RESOLUTIONS/ORDINANCES
.
Resolution establishing that the first regular City Council meeting of each month shall be
an Informal meeting and shall be conducted in the City Council Conference Room.
.
Resolution re approval of underwriters for the proposed Water and Sewer Refunding
Bonds and Water and Sewer Revenue Bonds:
Establish the recommended "short list' of underwriting firms for the City's
negotiated sales during Fiscal Year 1994.
bo
Appoint PaineWebber Incorporated and Craigie Incorporated co-senior
underwriting managers; Lehman Brothers, Merrill Lynch and Co., Smith Barney
Shearson Incorporated and NationsBanc Capital Markets, Inc. as underwriting co-
managers; and, authorize the City Manager to appoint, as co-mangers or as
selling group, additional underwriters.
C.
Authorize the City Manager to appoint an Escrow Agent, Fiscal Agent and
Verification Agent as necessary.
1
Ordinance to APPROPRIATE $1,720,111 from the General Fund Balance and $114,202
from the Water and Sewer Fund Retained Earnings re Gainsharing, Productivity
Improvement and Workplace Enhancement Programs.
1
Ordinance to APPROPRIATE $2,312,477 from the General Fund Balance to the FY
1993-1994 School Operating Budget for non-recurring costs re additional space.
.
Ordinances re Resort Area Parking:
a.
TRANSFER $510,000 from TGIF Reserve for Contingencies and $350,000 from
24th Street Park Project 2-214 to Resort Area Parking Improvements Project
2-215, and that the amount transferred from TGIF Reserve for Contingencies be
replaced upon the availability of 1993 Charter Bond appropriations with the
adoption of the FY 1993-94/FY 1998-99 ClP.
b. Authorize acquisition of property in fee simple for 25th Street Parking Facility.
K.
PUBUC HEARING
1. PLANNING
a.
Application of NEIGHBORHOOD ASSEMBLY OF GOD, Kevin Garman, Pastor,
for a Conditional Use Permit for a church in the AG-1 and AG-2 Agricultural
Districts on the East side of Princess Anne Road, one (1) mile South of Gum
Bridge Road (1196 Princess Anne Road), containing 11.649 acres (PUNGO
BOROUGH).
Recommendation:
APPROVAL
b.
Application of LYNNHAVEN UNCOLN MERCURY, INC., for a Conditional Use
Permit for motor vehicle sales and service on the South side of Virginia Beach
Boulevard, West of South Great Neck Road (2375 Virginia Beach Boulevard),
containing 4.25 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
el
Application of BOYS AND GIRLS CLUBS OF SOUTH HAMPTON ROADS for a
Conditional Use Permit for a bingo hall on the North side of Lishelle Place, East
of Lynnhaven Parkway (2686 Lishelle Place), containing 2 acres (PRINCESS
ANNE BOROUGH).
Recommendation:
APPROVAL
d.
Applications of S. FAYE DORCHESTER and STANLEY E. WlLLIAMSON re
property in the Agricultural Districts at the Southwest intersection of Gum Bridge
Road and Charity Neck Road (PUNGO BOROUGH)'
(1)
Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance
requiring that lots created by subdivision must meet all requirements of the
zoning ordinance and each lot created by subdivision have direct access
to a public street, respectively.
Recommendation:
DENIAL
(2)
Conditional Use Permit for eighteen (18) single-family homes, containing
30 acres.
Recommendation:
APPROVAL
ee
Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY
CLUB ESTATES, LP., ROBERT F. RIPLEY and THOMAS VANCE
(PRINCESS ANNE BOROUGH):
(1)
Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots
created by subdivision must meet all requirements of the City Zoning
Ordinance at the Northwest intersection of Indian River Road and West
Neck Road.
(2)
Change of Zoning District Classification from R-40 Residential District to
R-20 Residential District, containing 98.8 acres:
Parcel 1'
North side of Indian River Road beginning at a point 2300
feet more or less West of West Neck Road.
1700 feet North of Indian River Road beginning at a point
1150 feet more or less West of West Neck Road.
Parcel 3:
North side of Indian River Road beginning at a point 5800
feet more or less West of West Neck Road.
(3)
Conditional Use Permit for an O.oen-Space Promotion at the Northwest
intersection of Indian River Road and West Neck Road, containing 279.2
acres.
Deferred:
September 14, 1993
Recommendation: APPROVE ALL APPLICATIONS
Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER
COUNTRY CLUB ESTATES, LP. for Charlge of Zoning District Classifications
(PRINCESS ANNE BOROUGH)'
(1)
From AG-1 Agricultural District to R-20 Residential District, containing
63.3 acres:
Parcel 1'
Parcel 2:
Parcel 3;
Parcel 4:
Parcel 5:
650 feet North of Indian River Road beginning at a point
600 feet more or less West of West Neck Road.
1400 feet North of Indian River Road beginning at a point
1200 feet more or less West of West Neck Road.
1000 feet North of Indian River Road beginning at a point
2100 feet more or less West of West Neck Road.
600 feet North of Indian River Road beginning at a point
2800 feet more or less West of West Neck Road.
1360 feet North of Indian River Road beginning at a point
5050 feet more or less West of West Neck Road.
(2)
From AG-2 Agricultural District to R-20 Residential District, containing
117.1 acres:
Parcel 1'
Parcel 3;
Parcel 4;
Parcel 5:
Parcel 6:
Parcel 7;
Deferred:
Recommendation:
Northwest intersection of Indian River Road and West Neck
Road.
1200 feet North of Indian River Road beginning at a point
1650 feet more or less West of West Neck Road.
2880 feet more or less West of the intersection of Indian
River Road and West Neck Road.
680 feet North of Indian River Road beginning at a point
2750 feet more or less West of West Neck Road.
2400 feet more or less North of Indian River Road
beginning at a point 3400 feet more or less West of West
Neck Road.
1250 feet North of Indian River Road beginning at a point
3800 feet more or less West of West Neck Road.
1350 feet North of Indian River Road beginning at a point
5320 feet West of West Neck Road.
September 14, 1993
APPROVE ALL APPLICATIONS
L. APPOINTMENTS
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
TRANSPORTATION SAFETY COMMISSION
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirgInia Beach, Virginia
October 12, 1993
Vice Mayor William D. Sessorns, Jr., called to order the FY 1993-94/1998-99 CAPITAL
IMPROVEMENT PROGRAM WORKSHOP of the VIRGINIA BEACH CITY COUNCIL re Virginia
Beach City Schools in the Council Chamber, City Hall Building, on Tuesday, October 12. 1993, at 10:00
A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, John D. Moss, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf [ENTERED: EXECUTIVE SESSION 12.50 P.M.]
[Speech at Princess Anne Woman's Club]
James W. Brazier, Jr.
Paul J. Lanteigne
Robert IC Dean
[ENTERED: 10:12 A.M.]
[ENTERED: 10:12 A.M.]
[ENTERED: 11:00 A.M. - Representing Mayor at TRT]
School Board Members Present:
William H. Barnes, Susan L. Creamer, Robert W. Hall, Vice Chairman
Dr. M. Boyd Jones, June Turner Kernutt and Chairman Samuel W..
Meela'ns
School Board Members Absent:
Cynthia M. Davenport, Rear Admiral Donald L. Felt, Edward G.
Kreyling, Jr., Martin J. Mulderrig, Jr. and Louisa M. Strayhorn
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, chsclosed there are no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fzdelity Bank. The Vice Mayor regularly files this Disclosure with the
City Clerk as he may or may not know of the Bank's interest in any application that may come before City
Council. Vice Mayor Sessorns' letter of October 12, 1993, is hereby made a part of the record.
-2-
CITY MANAGER'S BRIEFINGS
ITEM # 37278
BY CONSENSUS, City Council RESCHEDULED for the City Council Session of October 26, 1993:
FY 1993-94/1998-99 CAPITAL IMPROVEMENT PROGRAM WORKSHOP
City of Virgini Beach
WILLIAM D SESSOMS JR
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 455 5732
October 12, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the October 12, 1993, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a "personal interest,"
as defined in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter m the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./dmc
-3-
ITEM # 37279
Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the FIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 12, 1993,
at 12:27 P.M.
Council Members Present:
John A. Baurn, Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul
J. Lanteigne, John D. Moss, Nancy IC Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III, James W. Brazier, Jr. and Mayor Meyera E.
Oberndorf
October 12, 1993
-4-
ITEM # 37280
Vice Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following
purpose:
pERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Sectton
2.1-344 (A) (1).
To-Wit: Appointments - Boards and Commissions:
Hampton Roads Air Pollution District Commission
Historical Review Board
Transportation Safety Commission
Resort Area Advisory Commission
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which couM affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-Wit: Land Acquisition - Bayside Borough and Beach Borough
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesang the provisions of
legal advice by counsel pursuant to Section 2.1-344(,4)(7).
To-Wit: Jacob Thompson v. Board of Zoning Appeals
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn,
Paul J. Lanteigne, John D. Moss,
William D. Sessoms, Jr.
Robert IC Dean, Louis R. Jones,
Nancy IC Parker and Vice Mayor
Council Members F'oting Nay:
None
Council Members Absent:
Linwood O. Branch, III, James W. Brazier, Jr. and Mayor Meyera £.
Oberndorf
October 12, 1993
-5-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 12, 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, October 12, 1993, at 2:00 P.M.
Council Members Present:
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 Absent:
None
INVOCATION:
Father Dwight Shrader
St. John's, The Apostle Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 12, 1993
-6-
Item 1V-E. 1.
CERTIFICATION OF
EXECUTII~E SESSION
ITEM # 37281
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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, Mayor
Meyera E. Oberndorf,, John D. Moss, Nancy IC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 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 # 37280, Page No. 4, 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.
Rt~th Hodges Smith, CMC/AAE
City Clerk
October 12, 1993
-7-
Item 1V- F. 1.
MINUTES
ITEM # 37282
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of September 28, 1993.
Voting: 11-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, IH, James W. Brazier, Jr., Robert W.
Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf,, John D. Moss, Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
-8-
Item IV-G.I.
INTRODUCTION
ITEM # 37283
Colonel and Mrs. George Griggs introduced the "Thomas Jefferson, Patrick Henry and James Monroe"
of the West African Country of Togo, in pursuit of their independence.
Edouard Aglamey-Pap
Head of the Labor Union
Dr. George Djagba
President - Commission for Health and Social Affairs
Edouard Bruce
President - "Droit et Devoir en Democratie"
(Rights and Duties in a Democracy)
They were accompanied by U.S. State Department interpreter, Pete Bluds.
The U.S. Information Agency is providing a one-month tour of America, so the gentlemen can learn in
detail how democracy works.
Tokens of the City were presented by the Mayor to the visitors.
October 12, 1993
-9-
Item IV-G. 2.
CITY COUNCIL COMMITTEE REPORT
VIRGINIA BEACH CRIME TASK FORCE
ITEM # 37284
Charles W. Gardner, Chairman - Virginia Beach Crime Task Force, recognized Members in attendance:
Martha Coles, James I~ Denson, Martin J. Mulderrig and Frances £. Warren.
From the period of 1960 to 1990, SAT scores were down 76%, illegitimate births have risen 376%,
children with single mothers - 175%, children on welfare 240%, teen suicides up 213% and violent
crimes up 370%. Discipline has been deleted from the family structure. These children in crises need the
most effective intervention at the moment their criminal conduct comes to the attention of the authorities.
To an exteng effective intervention is not possible due to staffing and funding.
In accordance with the purpose of City Council's resolution directing the Task Force "to evaluate the
crime problem in the City of Virginia Beach, to identify ways in which to address the problem, and to
make recommendations to City Council based on its findings and conclusions", Mr. Gardner submitted
the following recommendations of the Virginia Beach Crime Task Force:
o
Recommend that planning and construction of a Regional
Detention Home, located in Virginia Beach, commence
immediately to ensure completion by the time the present
agreement with Chesapeake's Tidewater Detention Home
expires in five years.
2.
Recommend that efforts be made to have sentencing guidelines
established in the Juvenile Courts similar to those in the
Criminal Court system.
3. Lower the age at which one is treated as an adult by the
criminal justice system to 16 years.
Recommend that changes in the confidential nature of the
Juvenile Courts be modified to permit publication of offenses
committed, sentences awarded, and presiding judge while
maintaining the privacy of the individual.
5. Recommend that the Schools release the names of truants to the
Police Department
Recommend that a School Crime Line be established and
maintained within the Middle and High Schools of Virginia
Beach.
Recommend that a School Resource Officer position, with
arrest authority, be studied for possible implementation in each
of the Middle and High Schools within Virginia Beach.
8. Recommend that additional staffing be authorized for the
Juvenile Court Service Unit of the City of Virginia Beach.
Recommend the establishment of a Juvenile Conference
Committee program based on the prototype in the City of
Chesapeake, Virignia.
10.
Recommend the establishment of a parenting course program
for young mothers, single mothers, and mothers on ADC and
others who may need it. The program would be on a voluntary
or mandatory basis, depending on individual circumstances.
Report of the Virginia Beach Crime Task Force is hereby made a part of the record.
October 12, 1993
- 10 -
1V-H. 1
PRESENTATION
SUMMER RESULTS
ITEM # 37285
James B. Ricketts, Director, Convention and Visitor Development, advised the SUMMER RESULTS:
Inquiries jumped from 238,777 to 318,585 - a 33% increase.
Hotel, restaurant, amusement and retail sales receipts reached record
levels.
Additional business plus strong Average Daily Rates (+8%) resulted in
record-breaking hotel receipts.
Summer visitation surpassed all previous years.
Although the occupancy rate rose slightly, there was a solid increase in
room nights occupied.
Total Visitor Center Inquiries in 1991 was 193,564. Inquiries are now 318,585, on a budget which has
not increased over those two years.
Hotel Sales for the Summer Season increased 14.2%, with Restaurant Sales increasing 8.2% and
Amusement Sales increased 23.7%. The Amusement Tax was amended to include non-fishing charter
boats. Hotel Occupancy increased 1%. Combined Retail Sales for June, July increased 14.4%. Room
Nights booked on the Oceanfront increased 5.9% and City-wide increased 2.3%.
Pete Leddy, Account Supervisor - Barker, Campbell & Farley, advised "Why 1993 Was A Successful
Summer ":
Stable market and strong visitor demographics (Average family income
is 45% above national mean)
The Virginia Beach Vacation Guide's continued success.
$200 Off Virginia Beach coupon book
State Co-op TV Program.
3rd party promotions, American Express
Continued beautification effort
Increases in private sector packaging and promotions.
Special events
Great weather
Strong ADR
October 12, 1993
- 11 -
1V-tt. 1
PRESENTATION
SUMMER RESULTS
ITEM # 37285 (Continued)
Mr. Ricketts advised the Virginia Travel Council, the Virginia Hotel/Motel Association, Virginia
Restaurant Association and the Virginia Hospitality and Travel Association have all folded and dissolved
their associations merging into one association: The Virginia Hospitality and Travel Industry
Association.
Dr. Gil Yochum, Old Dominion University, Co-ordinator of Market Research, advised the Summer of
1993 experienced a rise in visitation, generally concentrated around weekends and the close-in visitors
from Richmond and Washington, D.C. Growth in the visitor markets was solid and featured strong
evidence of change in the pervasive negative mentality, which has characterized the market since 1990.
That negative mentality reflected the market would not bear up under price increases. By the actions of
the market, this theory was crushed. There is evidence that the City's investments are beginning to affect
visitor's perceptions about the nature of the product (Virginia Beach). Significantly more visitors stated
positively of their plans to return to Virginia Beach. Close-in attractions, i.e. Marine Science Museum,
were patronized more frequently. The Atlantic Avenue Beautification and the special events on the
oceanfront have resulted in visitors staying around the beach and expending more funds.
Jerald Banagan, Real Estate Assessor, advised the hotels are now being reassessed through income
statements in 1992; and, believes there will be a rise in assessments if the good news of increase in
occupancy continues but does not believe there will be a return to the value hotels were selling for in the
early 1980's with inflation.
Mayor Oberndorf extended appreciation to James Ricketts and his staff for their marvelous endeavors in
attracting and recruiting conventions and meetings to the City and Barker, Campbell & Farley for their
excellent advertising program.
October 12, 1993
- 12 -
CONSENT AGENDA
ITEM # 37286
Upon motion by Vice Mayor Sessorns, seconded by Councilman Baum, City Council APPROVED in ONE
MOTION items L 2, 3, 4, 5, 6 and 7 of the CONSENT AGEND/L
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 tL Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
- 13 -
Item IV-L1.
CONSENT AGENDA
ITEM # 37287
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinances to AMEND and REORD.~N the Code of the City of Virginia Beach:
Chapter 8 re Buildings and Building Regulations.
Sections 16-11 and 16-12 re Housing and Building
Maintenance; and, amending Chapter 16 by ADDING Article
III, Section 16-35 re unsafe structures.
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 I~ Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 16-11 AND 16-12 OF THE CODE
OF THE CITY OF VIRGINIA BEACH TO
AMEND CHAPTER 16 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
HOUSING AND BUILDING MAINTENANCE
CODE, BY ADDING ARTICLE III, SECTION
16-35 PERTAINING TO UNSAFE
STRUCTURES.
10
11
12
13
14
15
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 16-11 and 16-12 of the Code of the City of
Virginia Beach, Virginia hereby amended and reordained and Chapter
16 of the Code of the City of Virginia Beach is hereby amended by
adding Article III, Section 16-35 to read as follows:
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section 16-11. Violations of chapter generally.
(a) (1) Any owner or any other person who shall violate any
provision of this chapter or who shall fail, refuse
or neglect to comply in all respects with the
provisions of this chapter shall be deemed guilty
.... ~-~^ and upon conviction
of a misdemeanor~ ~
shall be punished by a fine of not more than
~ ...... ~ ~~-- ,e~ ~ ~ two thousand five
hundred dollars ($2,500.00).
(2) Additionally, if the violation concerns a
residential unit and if the violation remains
uncorrected at the time of the conviction, the
court shall order the violator to abate or remedy
the violation in order to comply with the
provisions of this chapter. Except as otherwise
provided by the court for good cause shown, any
such violator shall abate or remedy the violation
within six months of the date of conviction. Any
person convicted of a second offense committed
within less than five (5) years after a first
offense under this chapter shall be punished by a
37 fine of not less than one thousand dollars
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
($1,000.00) nor more than two thousand five hundred
dollars ($2,500.00). Any person convicted of a
second offense committed within a period of five
(5) to ten (10) years of a first offense under this
chapter shall be punished by a fine of not less
than five hundred dollars ($500.00) nor more than
two thousand five hundred dollars ($2,500.00). Any
person convicted of a third or subsequent offense
committed within ten (10) years of an offense under
this chapter shall be punished by a fine of not
less than one thousand five hundred dollars
($1,500.00) nor more than two thousand five hundred
($2,500.00). Notwithstandinq the foregoinq, those
provisions requirinq a minimum fine shall apply
only to conviction for buildinq code violations
which cause a building or structure to be unsafe or
unfit for human habitation.
(3) Except as otherwise provided, ~gach day that a
,
violation continues shall constitute a separate
offense.
(b) ¢1) Any owner or any other person who violates any
provision of this chapter relating to the removal
or the coverinq of lead-base paint which poses a
hazard to the health of pregnant women and children
under the age of six (6) years who occupy the
premises shall, upon conviction, be guilty of a
misdemeanor and shall be subject to a fine of not
more than two thousand five hundred dollars
($2,500.00). If the court convicts pursuant to
this subsection and sets a time by which such
hazard must be abated, each day the hazard remains
unabated after the time set for the abatement has
expired shall constitute a separate violation.
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
89
Upon a reasonable showing to the court by a
landlord that such landlord is financially unable
to abate the lead-base paint hazard, the court
shall order any rental agreement related to the
affected premises terminated effective thirty (30)
days from the entry of the court order. For
purposes of the preceding sentence, termination of
the rental agreement shall not be deemed
noncompliance by the landlord.
(3) As used in this subsection, the term "landlord"
means the owner, lessor or sublessor of a dwelling
unit or the building of which such dwellinq unit is
a part, and landlord also means a manaqer of the
premises who fails to disclose the name of such
owner, lessor or sublessor.
(c) Except as otherwise provided, ~onviction of a violation
of any of the provisions of this chapter shall not preclude the
institution of legal proceedings to restrain, correct or abate such
violation or any other remedy at law or in equity.
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
Section 16-12. Certificates of occupancy; inspections of certain
dwellings and dwelling units.
(a) (1) No owner of any dwelling or dwelling unit located
in an area designated by the city manager as a
"special emphasis area" pursuant to subsection (b)
hereof shall permit any person to occupy such
property as a tenant or otherwise for valuable
consideration, except pursuant to the sale or
exchange thereof, unless a certificate of occupancy
authorizing the occupancy of the property has been
issued by the director of housing and neighborhood
preservation. Once issued, a certificate of
occupancy shall not thereafter be required for a
period of one year or until the property is to be
occupied exclusively by persons other than those in
occupancy on the date such certificate was issued,
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
whichever period is the greater. In the case of
dwellings and dwelling units for which a
certificate of occupancy has been issued by the
zoning administrator pursuant to section 103 of the
city zoning ordinance, the provisions of Section
16-12.1(c) shall apply.
(2) No certificate of occupancy shall be required for
any property occupied as of the date the area in
which it is located is designated as a special
emphasis area until such property becomes occupied
exclusively by persons other than those in
occupancy on such date.
(3) No electric power company shall commence electrical
service to a property subject to this section or
continue service to any such property upon a change
of occupancy thereof unless a valid certificate of
occupancy or temporary certificate of occupancy has
been issued for such property. The director shall
promptly notify the electrical power company of the
issuance of a certificate of occupancy or temporary
certificate of occupancy.
(b) The city manager shall designate as "special emphasis
areas" those areas within the city to which the provisions of this
section shall apply. Such areas shall be designated upon the basis
of the following criteria:
(1) Number and percentage of dwellings and dwelling
units occupied exclusively by persons other than
the owner thereof;
(2) Physical condition of dwellings and dwelling units,
as determined by exterior housing condition surveys
and code enforcement statistics; and
(3) Eligibility for federal and state housing
assistance programs.
In designating special emphasis areas, the city manager shall
give due regard to each of the criteria set forth hereinabove as
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
indicators of areas most likely to be benefitted from the
provisions of this ordinance. He shall set forth, in writing, his
findings and reasons for designating a special emphasis area.
(c) The designation of an area as a special emphasis area by
the city manager shall be reviewed by him on an annual basis. When
it appears that the application of the aforesaid criteria no longer
warrants the designation of a certain area of the city as a special
emphasis area, he shall rescind his designation of such area as a
special emphasis area.
(d) It shall be the responsibility of the owner of property
subject to the requirements of this section to notify the director
of any pending change of occupancy of such property and to request
an inspection thereof. Such inspection shall be performed within
two working days of the receipt of the request for inspection.
There shall be no fee for an initial inspection, but a fee of
twenty-five dollars ($25.00) shall be charged in the event repairs
or corrections are required and have not been completed by the time
of reinspection of the property. The owner of such property shall
also be responsible for requesting a reinspection if required. No
certificate of occupancy shall be issued unless all required fees
have been paid.
(e) The director shall issue a certificate of occupancy if
the property complies with all applicable laws, ordinances,
regulations and standards set forth in, or adopted or incorporated
by, the Code of the City of Virginia Beach. In the event the
property is not in compliance with any one or more of such laws,
ordinances, regulations and standards, no certificate of occupancy
shall be issued. A certificate of occupancy may be issued
immediately upon the conclusion of the initial inspection of the
property, so long as all requirements for the issuance thereof have
been met.
(f) (1) Notwithstanding the provisions of subsection (e),
the director shall, in the circumstances set forth
in subdivision (2) hereof, issue a temporary
certificate of occupancy. A temporary certificate
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
of occupancy shall authorize the occupancy of the
property for such period of time as is reasonably
necessary to remedy or correct all defects or
violations by reason of which the certificate of
occupancy was refused, but not in excess of sixty
(60) days. Every such certificate shall set forth
the period of time for which temporary occupancy is
authorized. It shall be a condition of the
issuance of every temporary certificate of
occupancy that the property shall be brought into
complete compliance with all applicable laws,
ordinances, regulations and standards within the
period of time specified therein, and the willful
failure to bring the property into such compliance
shall be a violation of this section. The director
may extend a temporary certificate of occupancy for
an additional period of not more than sixty (60)
days if the owner has diligently and in good faith
attempted to bring the property into compliance.
(2) A temporary certificate of occupancy shall be
issued in the event:
(i) Property for which a certificate of occupancy
was refused may reasonably be brought into
compliance within sixty (60) days from the
date of issuance of the temporary certificate
of occupancy; and
(ii) All necessary repairs or corrections may be
performed safely and without undue
inconvenience to the occupants of the
property; and
(iii) The condition of the property does not
constitute a hazard to the health or safety
of the occupants thereof.
(3) A temporary certificate of occupancy may be issued
immediately upon the conclusion of the initial inspection of the
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
property, so long as all requirements for the issuance thereof have
been met.
(g) Any person aggrieved of any determination or decision of
the director made pursuant to this section shall have the right to
appeal such determination or decision within twcnty (20) twenty-one
(21) days to the board of building code appeals. Notice of such
appeal shall be in writing, shall specify the grounds of appeal,
and shall be mailed or delivered to the director. All proceedings
before the Board shall be in accordance with the provisions of the
Virginia Uniform Statewide Building Code.
(h) Nothing in this section shall be construed to limit,
impair, alter or extend the rights and remedies of persons in the
relationship of landlord and tenant as such rights and remedies
exist under applicable law.
(i) Retrofitting of property subject to the provisions of
this section shall be required only if necessary to remedy a
serious and dangerous hazard to life or health. In all other
cases, dwellings and dwelling units shall be subject to the
requirements of law in effect at the time of their construction.
(j) Nothing in this section shall be construed to relieve or
exempt any person from otherwise complying with all applicable
laws, ordinances, standards and regulations pertaining to the
condition of buildings and other structures.
(k) As used in this section:
(1) The term "property" shall be limited to dwellings
and dwelling units, and grounds thereof, within
special emphasis areas so designated by the city
manager pursuant to subsection (b) hereof;
(2) The term "owner" shall mean, ..~t.~th~t~..d:ng ~..a
~ ~ any pcrso
...................... ~ ~,,d ~ rL ~ prcsont us .... d
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
p~~ the owner or owners of the freehold of the
premises or lesser estate therein, a mortgage or
vendee in possession, assignee of rents, receiver,
executor, trustee or lessee in control of a
building.
(3) The term "director" shall mean the director of
housing and neighborhood preservation and such
employees of the department of housing and
neighborhood preservation as the director may
designate to administer and enforce this section.
(4) The term "person" shall mean any individual, group
of individuals, corporation, partnership, business
trust, association or other legal entity, or any
combination thereof.
(1) The provisions of this section are intended to be
severable, and if any such provision be deemed or adjudged to be
invalid or unenforceable, the remaining portions of this section
shall remain in full force and effect and their validity
unimpaired.
(m) A violation of this section shall be punishable as
provided in section 16-11 of this chapter.
ARTICLE III.
Section 16-35. Unsafe, etc., structures.
(a) This section is adopted pursuant to the powers vested in
the City of Virginia Beach by Section 2.02 of the Charter of the
City of Virginia Beach and by Section 15.1-839 of the Code of
Virginia, as amended.
(b) Upon determination by the code administrator that any
building or structure, or portion thereof, is unsafe, unsanitary or
not provided with adequate exit facilities, or constitutes a fire
hazard or a hazard to health or safety by reason of inadequate
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
maintenance, dilapidation or abandonment, such building or
structure shall be declared unfit for occupancy.
(c) (1) Notice that a buildinq or structure has been
declared unfit for occupancy shall be by registered
or certified mail or by personal delivery to the
owner and to the occupant of the buildinq or
structure; provided, however, that if the owner or
his agent, despite the exercise of due diligence,
cannot be found, such notice shall be sufficient as
against the owner if given by certified or
registered mail to the last-known address of the
owner and posted in a conspicuous place upon the
building or structure.
(2) Such notice shall state with reasonable
particularity the defects or other conditions of
the building or structure which render it unfit for
occupancy, and shall specify the period of time
within which repairs or corrections shall be made
or the building or structure, or a portion or
portions thereof, demolished and removed. Such
period of time shall not be less than is reasonably
required by the exercise of due diligence for the
required repairs or corrections to be made, or for
the building or structure, or portion or portions
thereof, to be demolished and removed.
(d) In the event the building or structure or any portion
thereof is, in the judgment of the code administrator, in actual
and immediate danger of collapse, or when any portion of a building
or structure has already collapsed, or when any other condition
constitutes an immediate and serious threat to life or safety, the
310
311
312
313
314
code administrator may order that such building or structure, or
portion thereof, be vacated. Such order shall be stated in the
notice provided for in subsection (c) hereof. In addition thereto,
there shall be posted in at least one conspicuous place upon the
premises a placard stating "THIS STRUCTURE IS UNSAFE OR UNFIT FOR
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
cost of such publication and mailing shall be
charged to the owner.
(f) The owner of a building or an owner's agent aggrieved by
any determination of the code administrator shall have the right to
appeal such determination to the Board of Building Code Appeals,
Building Maintenance Division, by filing with the code
administrator a written notice of appeal specifying the
determination appealed from within twenty-one (21) days of the
receipt of such determination. The filing of an appeal shall stay
all actions in furtherance of the determination until the appeal
has been decided.
Cq) Any person who shall fail to comply with a notice
provided for in subsection (c) hereof, or who shall continue to
occupy, or permit the occupancy of, a building or structure ordered
to be vacated by the code administrator shall be guilty of a
misdemeanor punishable in accordance with the provisions of
Sections 16-11 thereof. Any violation of the provisions of this
section may also be enjoined by the circuit court at the suit of
the code administrator.
(h) All costs chargeable to the owner of property subject to
the provisions of this section shall be recoverable by action at
law or, at the option of the city, may be collected as real estate
taxes are collected in accordance with Article II of Chapter 35 of
the City Code.
(i) For purposes of this section, the term "code
administrator" shall mean the housing code administrator and his
respective assistants and deputies.
Adopted by the Council of the City of Virginia Beach, Virginia
12 0ctober
on the day of , 1993.
379
380
381
382
CA-5149
%ORDIN%NONCODE%i 6-011ET. ORD
R-5
AUGUST 17, 1993
11
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 8 OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO
BUILDINGS AND BUILDING REGULATIONS
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That chapter 8 of the Code of the City of Virginia Beach
pertaining to buildings and building regulations is hereby amended
and reordained to read as follows:
Sec. 8-1. Definitions.
As used in this chapter, the term "building code" shall mean
the Virginia Uniform Statewide Building Code adopted by section 8-
26 of this chapter and the term "division of permits and
inspections" or "permits and inspections division" shall mean the
permits and inspections division of the department of public works.
Sec. 8-2. Notice of and order to abate violations of chapter and
zoning ordinance.
The building official, the zoning administrator or any person
assigned to the division of permits and inspections who has been
appointed as a special police officer and has been given the duty
to enforce building regulations set forth in this chapter, other
than the regulations prescribed in the building code, and the
zoning ordinance set forth in appendix A of this Code shall have
the authority to serve a written notice of violation and to order
the abatement of such violation. The building official, zoning
administrator and such special police officer are each hereby
granted the authority to issue a summons to the general district
court to any person in the city who shall fail to obey a lawful
order contained in which notice of violation.
Sec. 8-3. ~..~..i puna~.~ .... for ................ ~A~ .... ~.~ _~.ptA_~.
~. ......... , .......... , ....... rcpa ......... ng or
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
~"-; ........... ; ~ ~"; ~; .... struoturo in ~ about any
V~ ~~ ~ ~ ~AA~ ~V ~AA~ ~VV ~VAA~ V~ ~ ~~ ~ V~ ~AA~
Sec. 8-5. ~" ~a~-- _~ ~.-~ a~.~
to th t t f sot out '
~/ ~ ~AA~ ~ ~AA~ ~ V~ ~V~ ~VAI~ ~V~ V~ ~~ ~ ~AAV
~ a A~ALt~I ~ ~~AA~ ~ZA~ ~~ V~ ~Zl~ ~AA~/
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
9O
91
92
93
94
95
96
97
98
99
100
101
102
103
104
~AA ~ ~AA ~ ~J~
~AA~A~
~AA~ ~A~
rc
..... v~'.~, ~ annual any contractor'~ ~ for
undcrtak:n~ construction ..... " ~,~hou~ ~ permit ~. for other
Sec. 8-7. ~-~-"~ ....... ~ '~-
v~ ~h~ll ~ .... ~ .... ~"i for a~y person ~ ....
.... h ..... " ~ ~ ~ ~-~~ ~ pcrf~- to ..........
· · ·
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
certified i by
~ ....... m~l to the last-known ~dd
pa.t~cularity thc dc~--~s o ....... condit~---
....... .,,f.t for
thc bu~ ~ ~ ~ing ~. structure '*'~,,.,~,, ~ -~ .... d~. it
occupancy, ........... ~ .... = ....
................ rcpa ..... ~..~~..o shall bc ..... o
-~ '~-~ .... ~ .... ~ or whcn any
....~ . be the
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
F% F'I d't T T 1'1 'A 'kT/'1%,r ~ *kT I"%T rl-l~tT T ~ ~"~F'%'I~ /~ ?'** ?"~ T T T~ 'A *bT/'~ %,r -r'~, 1~1 T~ ~T_T T 1~I ? I'rl ~'~ 1'~ lB
...... .z z'-' .............. ufo
.i.
T-,.~ 4-1.N ,-,
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
2O5
206
207
208
209
210
~ ..... f ................... j ~a S
thc rcccl of .... ~ ~~--~~ m~ fll~ ......
............................. ~ ~f ~,, appeal
'~ ~ ............ ~ shall fail ~ ..... ~ ..... ~ -
~v
occupy occupancy ......... ~ ~
................ ~ ................ __ not
~AA ~ ~A~
'~' ~i~~ ~ ..... ~ ~~ ~ ~"'~ ~ property subj t to
~ay col 1
% ~ I ~ ~ ~ ~~ ~ ~x~ ~ ~Az I ~A~ ~ Att
· · ·
Sec. 8-27. Violations--Provisions governing prosecutions;
notice; etc.
The provisions of Article One of Volume One of the Virginia
Uniform Statewide Building Code shall govern the prosecution of
violations of such code; provided, that the building official or
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
any person assigned to the division of permits and inspections who
has been appointed as a special police officer shall have the
authority to serve a written notice of violation and to order the
abatement of such violation; and provided further, that the
building official may, but shall not be required to, request the
city attorney to institute appropriate legal proceedings in cases
of violations of the provisions of such code. The building
official and any such special police officer are hereby granted the
authority to issue a summons to the general district court to any
person who fails to obey a lawful order contained in such notice of
violation.
Sec. 8-2 8. ~' .... '""""" ~-"
th ' ' '
....... ~ off
Sec 8-29
T .......... prov of
........ d '-':~ ~ ~: .... ~ -~:~ 3~ 0 .... BOCA
245
~'.L
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
Sec. 8-30.
· · ·
Sec. 8-3X.X. Fences and walls.
(a) A permit shall be required for the construction,
reconstruction, replacement or relocation of any fence or wall
located within thirty (30) feet of a public right-of-way, except
fences or walls used principally for agricultural or horticultural
purposes in an AG Agricultural Zoning District. Any such fence or
wall located upon more than one lot shall require a separate permit
for each such lot, except lots under common ownership.
(h) The fee for permits required by this section shall be
twenty-five dollars ($25.00).
Sec. 8-35·
&,. w,.,.,,L..Wb&.bd. ~ ·
~AA~ ~A&~ Z&~ ~Ay ~ WAXy ~VAA~~ ~& ~ ~ZX ~ ~ ~&&~~
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
,-,-,.z ....... ,.j ,.,A s~.d~.ng ,.,,, any~. l~ng shall not be,..,.,,,,., .... ~a'"""'a ~'"
.,a....4......i.. %,.,. ,~e.
Sec. 8-36.
'~'~"~ -"~' '~ ........ ~ .... th^ -ff~t ~ waiving
~AA~ .~ ~ A&~ %-- ~ AA%./. ~ V ~. I AA~ V~ %.- ~ %.-~ ~.
................... prcm~ of the
~.-.4~- ..~= ..4~,-.~- /ox ~=~- ~'""+'^~ at gradc i .... ~ 4-
% v/ &AA~ ~V&AU A ~ .1. VA& VA
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
Bec. 8-49.
,~my J.. ~,~ .L. & &~ ~ %,.~. %~& %.,,' %-.' %'V V ~ J~k- ~.&. .L- ~'~ ~%~. %.A. ~ ~%-,- %,,& ,-~- A & ~-,~ ~.4. J. ~-.~. ~-,..A.. V & A V~ ~ .A..&. %,.,. ,~.,Y,A.. V V .~ .&. A A~
by ' p p
approved an Ins cctcr ~-~ .... ~ ~-' ~^ ~ ..... ~~-~ ~
.... ~'-'-'-'~'~-,,' --'3 ....... · .......... d ~ crform
~ ~ ........................ cct~,, 127~ ~ of thc
4-.,,..., 4 1 ,, ....
...... *~ i vch
10
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
AA',-'
( ) ...... trust
4/ Where ..... t. ~ ~- s
Sec. 8-50. "'"-~-- ~ .....
..... ~-~ ~ ' has ~ ~ acccptcd
....... ~ .... prc~ISe~ ....................
(c) ~" ~ ...... IS of thc BOCA B~oic
~,,~ inspection required undcr
~i~ .... ~ circumstanccs,
'"~ "~ ~"-~-~'Cd bu~ldlng''-~ -~ ~ ~ t~.~l
Safcty ..~
on~.
~AA~ ~ ~v ~AA~ ~ ~~A ~ · ~ ~ ~AA~ ~~AA~ ~e
11
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
~, .... ~ ........ of ~l~t~ical ...... covered~j .... ,';at.~,,-i
· '"' c~th~ approve
perm~.t h~~ or h~.~ ~^~ '
Such znspcctcr
~ ~~- ~h~ noti
..... ~, ....... of thc c~^~'~l work,
.......... completed,
th~ .... ~ ~~ .... .,~o~ g "'~~ ~ comply
~ ~ ............. a ont ......... the ~amc
'-'~th th~ ~~~i~ ~ ~*~ ~"~'~ regulations
~ rcqu~rad,
·
.......... ~ .............. to be c
....... ~ ~ ~ ......... ed to
~AA ~ N ~ ~ ~ ~ ..... ~ ~ ....... N ...... ; ~-A by th- lcctrical
~~~ ..... "to bc installed
~AtL~VAA~ ~~ ~A& ~ AVA& ~v~ · v v~ ~AA~ ~~AA~ ~v~
~aa~f ALL~ ~ AAVALt~I ~v~ ~~ v~
12
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
Sec. 8-52. ~ Certificate of inspection.
(a) The certificate of inspection required by scction 1404.0
A~ ~A ~'-"' ~'~ volume one of the Virginia Uniform Statewide
- ~ ~ ~ inspector the
Building e~ode shall be issued by th~ ~icc~ri--~
buildinq official or his authorized representative. One copy of
such certificate shall be furnished to the permit holder and one
copy shall be furnished to the Virginia Electric and Power Company.
(b) Whenever the building official shall grant permission for
the temporary use of electric power under the provisions of ~
~:~ ~ ~ the building code,
........ the temporary certificate of
inspection shall be furnished to the owner of the premises
concerned and shall contain specific condition and order that such
temporary use shall not permit any occupancy whatsoever of any
building or structure covered by such temporary certificate.
Notice of the issuance of such temporary certificate shall be given
to the Virginia~~=~~ ~,,~-~a Power Company.
(c) It shall be unlawful for any person to connect or permit
to be connected any electrical wiring or equipment to any source of
electric current or supply before receiving a written certificate
from the c~~-~ ~ ..... ~ building official
~ ..... i~- ~ ..... ly '"~ ~ .... ~--~-~ codc ~ cthcr building
regulations.
.... f ..... ~,, that ~,.~.~~'-~~ shut-off -~-~ivc has~,.~ .... ~,,~--~ll~d~ -~
13
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
c; Ad~.~ i ~.nspcct~.cns
~AA~ ~~ ·
Sec. 8-54. ~ Certificate of inspection for gas piping.
..... h ...... 1 ~ The division of permits and inspections
shall issuo a certificate of inspection after a final insgection
has dogorminod that all ~as pipin~ on any premisos has Boen foun~
to be in compliance with the
~l~t ..... building code. One copy of such cortificate shall be
furnishod to tho mcc~an~ca~ permit holdor and
furnishod to tho Virginia.~.*'~~ ~..~-~ . TM~..~. ...... ~.,v~..j ....... ~atural Gas
Company.
Sec. 8-56. Service charge for a~itional inspections ~ue to
faulty work, premature inspection requests, etc.
~ .........~ .... ~ .......................... ~ ..... an inspector for the
division of permits and inspections shall determine that
inspections, in addition to those required in this division, are
necessary owing to the failure of a contractor or other person to
properly correct faulty work, or where a contractor or other person
has requested an inspection before the work to be inspected has
been completed to the degree required, or where the inspector
cannot obtain reasonable access to the work to be inspected, he may
assess a service charge of ~-~,. ~lars ($i0.~' twenty-five dollars
($25.00) for oach additional inspoction visit. Such charge shall
490 be chargeable to the holder of the permit covering such work and
491
492
493
494
495
496
497
498
499
500
501
5O2
503
504
5O5
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
shall be paid to the city at the division of permits and
inspections prior to final approval of such work.
Sec. 8-57.
q,.4, .k ·
· · ·
ARTICLE III BOARD OF BUILDING CODE APPEALS
Section 8-69. Established; divisions.
(a) There is hereby established a board of building code
appeals as provided for in Article One, Volume One of the Virginia
Uniform Statewide Building Code.
(b) The board of building code appeals shall consist of four
(4) divisions, each having a membership separate and distinct from
the others, as follows:
(1) The new construction division, which shall hear and
decide appeals relating to matters within the purview of
volume one of the Virginia Uniform Statewide Building
Code, except as provided in subdivisions (3) and (4)
hereof.
(2) The building maintenance division shall hear and decide
appeals relating to matters within the purview of Volume
Two of the Virginia Uniform Statewide Building Code,
except as provided in subdivisions (3) and (4) hereof.
(3) The plumbing and mechanical division shall hear and
decide appeals from any order, ruling or other decision
~ ......... ~ .................... ~or division of
permits and inspections involving plumbing or mechanical
work·
(4) The electrical division shall hear and decide appeals
from any order, ruling or other decision of the
15
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
55O
551
552
553
554
555
556
557
558
559
cl~t~caAd ~ ..... ~ ~ .....~ ..... ~--~ division of permits and inspections
involving electrical work.
Section 8-70. Membership positions; terms; qualifications.
(a) Each division of the board of building code appeals shall
consist of five (5) members, who shall be appointed by the city
council. The initial members of each such division shall be the
members of their respective predecessor boards holding such office
as of the date of enactment of this section, provided, however,
that no officer, employee or official of the city shall serve as a
member of the board.
(b) The term of office of members of the board shall be two
(2) years, provided, however, that the initial members of the board
shall serve as such until the expiration of their terms as members
of their respective predecessor boards. Members may, subject to
the provisions of section 2-3 of this Code, be reappointed.
(c) The new construction division shall consist of five (5)
members and shall include a state-registered professional engineer
engaged in the design of buildings and structures; a state-
registered architect licensed, or associated with a firm licensed,
to conduct business in this city; a qualified surveyor or land
planner; a member of the building material supply business; and a
state-registered general contractor licensed to conduct business in
this city.
(d) The building maintenance division shall consist of five
(5) members, none of whom shall hold any office of profit at the
time of his appointment or during his term of office.
(e) The plumbing and mechanical division shall consist of
five (5) members and shall include a licensed and registered
architect, a licensed and registered engineer, a licensed and
registered building contractor, a licensed and registered Lcvcl II
-^~~.,.~..~..~ ..... ..~...~.~ master tradesman holding a valid certificate of
competency in mechanical work~ ...... ~..~, and a licensed and
registered · .... ~ =~ ~'--~A- master tradesman holding a valid
certificate of competency as such in plumbing.
16
560
561
562
563
564
565
566
567
568
569
570
571
(f) The electrical division shall consist of five (5) members
and shall include four (4) certified Lcvcl II clcctricians master
tradesmen in electrical work and a representative of the Virginia
Power Company.
· · ·
Sec. 8-72· Officers.
Each division of the board shall elect from its membership a
chairperson· The building official shall select one or more
employees from the permits and inspections division of the
department of public works to serve as secretary to the new
construction, plumbing, mechanical and electrical divisions of the
board· The code administrator for the division of code enforcement
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
of the department of housing and neighborhood preservation shall
select one or more employees from the division of code enforcement
of the department of housing and neighborhood preservation to serve
as secretary to the building and maintenance division of the board.
The secretary of each division shall maintain a detailed record of
all proceedings of such divisions.
Sec. 8-73. Appeals, Rules of procedure; meetings generally.
Appeals to the board of building code appeals and R~ules
governing the holding and conduct of meetings of the divisions of
the board shall be in accordance with the provisions therefor set
forth in Article One, Volume One of the Virginia Uniform Statewide
Building Code.
· · ·
~/' ~ A,, appeal to the board ~f build:ng .... appcaloo,,~-~-~ ~ ~
~~AII AA~ &~U~ ~ ~AA~ ~ Att~& ~ ~AA .AA~AA
17
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
VIRGINIA TRADESMEN ~ERTIFI~ATION STAND.DS
Sec 8-111 Adopted " .....
systems ~- cquipmcnt shall ~.4
~ ~e~ II degree f competency ........... cal .~k~
~v~~ %~. v~I ·
(a) Pursuant to the authority of sections 15.1-11.4 and 36-99
of the Code of Virqinia, 1950, as amended, the Virginia Tradesmen
Certification Standards, and any regulations promulgated
thereunder, including all future amendments thereto and editions
thereof which are, or may hereinafter be, referenced, adopted or
incorporated therein, are hereby adopted and incorporated by
reference into the Code of the City of Virginia Beach as if fully
set forth herein.
Sec. 8-112. = .... ~ ~-' -~ ~ ........... quirem
...... ~ ...................... Oeneral re ents.
alterations or repairg to thc
18
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
such ~ ..... ~ ^~
(a) Any person performinq any electrical, plumbing, building-
related or mechanical ~or~ shall obtain a permit from the division
of permits and inspections unless such person is specifically
e×empted therefrom under the provisions of the Virginia Tradesmen
Certification Standards.
(b) It shall he unlawful ~or any person to perform any
electrical, plumbinq, building-related or mechanical wor~ in the
city unless he has a current certificate of competency covering the
type of wor~ performed and issued pursuant to the provisions of the
Virqinia Tradesmen Certification Standards, or unless such person
is specifically e×empted therefrom under the provisions of the
Virqinia Tradesmen Certification Standards.
(c) The person required to obtain permits under the
provisions of the building code shall possess a current certificate
of competency as a master tradesman or the equivalent thereof·
(d) A violation of this section shall constitute a class 3
653
654
655
656
657
658
659
660
661
662
misdemeanor punishable by a fine of not more than five hundred
dollars ($500·00) .
Sec 8-'1'13 ~-, .... 4-.:.,,, ,,4= _.._~,._.:' _. '~ ..... ~. ...... ~- .: .,=.:' .-.~ 1.,--
,
compctcncy or its oquivaTM.,..,,.. fro~ ......... ~- ~'"~-~' .... polltl~ o~"1'~"~ ~'"~' "~ ""..ok.,,, .,-f
~.. A A ~.~ ~ ~.-~.~ ~.~ , .i. ALVV AA A~.&A ~AA~ ~ w.~ ~ ~ ~ ~. ~.-ALL~-~ A ~ ~ ~-~ ~. ~.~ ~. ~.~ ~.~ ~.
- ~ ~ d~c .... of thc
......... prcscribcd the ,.,~.
19
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
Sec. 8-114.
Rdministration - Generally.
Enforcement and
(a) For purposes of this article, the term "certification
agent" shall mean the administrator of the division of permits and
inspections or the building official·
(~_b) The director certification agent is hereby empowered to
enforce and administer the Virginia Tradesmen Certification
Standards andan ~.~..~~ .... ~ ~ ~ ~ ..... ~ ~ ~ ~ ~ ~ ~ ~~
regulations promulgated thereunder, as amended. ~~~~~..~
~=~ ...... ~^~ The~^~~~ certification agent shall have and
exercise all such authority necessary to effectuate the
certification of applicants as mcckanical --~orkcrs pursuant to the
provisions of the Virginia Tradesmen Certification Standards.
may not take more than t~o (2) ..... ~~" ~ ..... ~ ....
Sec. 8-115. ~h~a,~-~.-Fee~.
(a) Every person taking an examination pursuant to this
article shall pay a fee therefor as follows:
(1) One hundred dollars ($100.00) for the examination for a
Level II ~^~~ ..... ~'~
...................... master tradesman's
certificate; and
(2) Fifty dollars ($50.00) for the examination for
-^~~' ..... ~'~ ~ourneyman's certificate
(b) Certified tradesmen shall pay a fee of twenty dollars
($20.00) for duplicate certificates and certification cards.
Sec. 8-116. ~
20
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
authority ~ ...... ........ d~t ~ ~"-~ ...... p ..... u ~"~-~"~ by
............... erform thc ................
.... ~ -~-~ifioate
~AA ~ ~ ·
Sec. 8-118·
upon request
Sec. 8-119.
Sec. 8-121.
~ ~^~- ~ the
~. A A %.* A A V .~. %~ ~ ~. v~
shall t~cc such
21
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
Sec. 8-122.
( ) '
a The person in chargc cf ~^~-~ mcchan"-~l~~,,~"~-~~"~~~,,~ ~--
~ont ...... required to obtain permits under the provision of the
building code shall possess a certificate of competency as a {~e~
master tradesman or the equivalent thereof.
· · ·
Sec. 8-1A6. ~eneral ~equiremen~.
(a) A person performing any ~or~ toward the installation of
a plumbing fi×ture or gas appliance or any other plumbing facility,
or the performance of any additions, alterations or repairs to any
e×isting facility or fi×ture or gas piping shall obtain a permit
from the director of the department of public wor~s or his
designee, hereinafter referred to as director unless such person is
specifically e×empted therefrom under the provisions of this
article·
(b) Permits for the preceding may be obtained only by persons
certified to a Level II degree of competency as a plumber, pursuant
to the regulations referred to in this section and who have met all
other applicable requirements of this code.
(c) A violation of this section shall constitute a Class 3
misdemeanor·
Sec. 8-147.
...... ~ ..... of h .............
22
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
such ~..~4 ........ ~4~ ~t~llati~a. .... shall ~- put,,,~'~ ......... ...... ;--
8-148.
d~,,qm"&&&~,f VII,' d.W,~&& V d,,. L~ .b 'b&&l,&4',~ W...'.k e.a' ~,~ W,,,. d. ..,,d..1. d.. ~%14, .a,,~,..mV 'm.&m&V k,.&&qm, d.
Sec. 8-151.
d.I 4'b'b&itt & & t'k& q,,,, & V&t V& m.4, L.~ Luf ,,d.. & v ,b&, A& v q,,,~ v&t v & qb& & & .~. ·
pursuant to sections 15.1-II.4 ~-~ ~_n~ ~ ~^ ~_~ ~ ~7;__;_;~
_1,~ J. %AALtJ~;%..,I. t.~ ·
Sec. 8-152· Sam= - Fcc.
23
i b h
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
Sec. 8-159.
dr~q,d*q~d, d. q.p d.,V&&blt,.d.. &Im, qmJ, l.4.1..d. ~,,.&m,&~m.&& I,.,. b.,~ ·
Sec. 8-171·
~ purpose~~
ipmant connection thcr
%.~ ~ ~.A ~.A ~..~ ,~.~ ~.A .J. AA ~., vv .L. ~.-AA ~ .k a & ~.~ ..k ~,A %.., VA VA %.A q.* %,, %,A %~' & a %.- %,A %.-%.;
.... ~,,4~4~ struoturc, lot cr prc~l ....
· .~ .&. %,, %., %.,,L..L.W~,.S.q.A&& e A~A ~w,..A ~VA& VWAAV ~.b.~ %.~AA~ q.A~.,~ .A. AA ~aAw..~ %.~J. q.4%.4%.- VA A.;%.Am.~.J. az%~e.~e.~
25
876
877
878
879
88O
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
Sec. 8-172.
&% q~ ~ ,lb k~ ~,. d~ ~4, /M ,,b V a& va. ~-~ v ~ d~ iim~ && q.4 dlm'M. V ~1/ .I. .b.i.
Sec. 8-173.
~,/~m, ~m..I..m.'4,~--Lb&&& k~ ,llrV&&~4,~ ·
,..~ & A ~.,4..m...&.
V¥~L..i. ~.. ~..q~,.&& AAV ~.~,J.w~,~%..~ 3..S. V&LL ~.-AA~.- %....&.W~..%.~ ~.,.A.J.q~..,~.A.A. '&'zm~'m~-~%'~ I''V'L' I ~..;%.A~.~AA %.~VA& %.,.~ '[,..L%,.~ %,,-V.&.. &LL~.~L.~F
26
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
' t
qb,& %.,4. %,.4..,L, .il %l/A & %.,. J. & %,.. & %.,. %.1%.l ~ ImP J. & %,.L ,.&. ,,.L. .LqJ %,& ,.&Y %.,L J, &.&y %.& & &qqm4. %.4..,i.../. 'qu4. %.L & L L %,4, q~ %.,. b.? VI' & & ,,.I0 %.~a &
Se·. 8-186·
· ,J q...~&&~w,,l, bm, ds d. ~/q, lJ,'bm M,.d., qup&&&q,.p&& q,,. ·
. .... : person pcrform'.ng any ..... ~' ~ ...... ~ th~ ; .... ~,,~
%.~ %,, ~ %.A .&. %.-A&L~AA %.- ~.~.L. ~,.~%.AA./.I.J.%.- w',,.,;.i, j%,.k.,.; %./J.,. &A.E.~ %.A~.-~.A.q~AA~.-~.-I &&%..~L. %...&.A&~.,A.L. %.,%..~L.
iv ,%,,; A.J.b .d.&A %.-A A ~.- %.,...&. ,4... y %.~A A .i. ~.., ~ ~ %., %.L.&..I. %.- A A %., ~.. A.
ed,
~t .... 1 .~
........ ,~ ,.,,. premises to employ ~,,: person to~ ~ ........... ,.,,,: ~. ,.
~ ........ ,..,.,~.,.,..,,,..~- certificate of competency ~ ...... ,.,,~,..,,,~'
q&.~ %.~ A A ~ %., .J. %.- ~.A %., ~.- %.A %.~ .J. %,A ~ ~ ~J ALL .J. ~ %.,L q~.- ALL ~ ~.A A A %.~ J. ·
Sec. 8-187.
27
944
945
946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
Sec. 8-188.
~'~*~ Ii
AW~A&~&&~ ~A& ~AA~ ~V ~&A ~AA~ ~ ~AA~ ~ ~ ~ ~ v~&&~ ~AA~
%~IVyA&T---J. %.,~ J. L.AA &,rev &AT. JT.A~.;T.. .J. AA t,.&A%.- %~' .I. %.IAL~ %.A%./ .J.A ~,~ AA,J.m.; %.S %"/ &A ~.-.A.%..%~- %.-m. AT. SL,A 17 %./& J'k,
%..AAL.L~.S %..%...1.. ·
Sec. 8-189.
~.~.~&tt&tt ~.A~ · .L ~,....&y w.,4.~ v ~ ./,. ~.~.~Att~.-& · !.. f ~,.~& A L.A .J..A. & AW.S %..J~SW... J.W...~ %,L J.m. ~..%.~ I~. %.S %.,',1~ ',..~.A J. · · ~.~
· · ·
(a) The dircctor cf the dcpartmant cf
pursuant t~ scctions 15 I-II 4 and 3~-~ ~f thc ~ cf Vir~~-~
-~ ~~~- ~ ...... ~ ~a~ ~ ---~ thc aforesaid regulat~
28
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
certificate cf ..... 4- ...... ~"~ ~ ~' ..... 4-,``4 .... 4-; f4-~4- .... * .... 1
I cr Level II ,`~,`~4-_4~4~
Sec. 8-193·
Sec. 8-194.
Sec. 8-196.
4...,4..4:'4.,.44- .... 4,`-.,4 ....P 4-4.,,,,..
.~&X%~,.i. Ai. aa.i. %=.w,~. ,L~%.~J. ,.z. %..~%.4, %./1. ~., .~.ALLW..,. ·
Sec. 8-197.
Bec. 8-197.1
AAA A A .~ m.~ ~%.~ ~ ~ %.- ~ ~ 3- ~A Z VVAA~A&~ V ~.~. &Z~ ~AA%~ 3- .~ ~m- ~. ~. ALt %.%A A~
29
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
· - . R ...... ~on.
Sec 8 198 ...... ~'
.L. %.~ V %.; w., q,A ~., .~. %.; Z I $ ~..~ A A %,A .I..I. A Zq,A V w.- %,- A & ~-- J..L ~ A A %.- %.-%.; ~%.-
1034
1035
1036
1037
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Adopted by the Council of the City of Virginia Beach,
Virginia on the 12 day of October , 1993.
1038
1039
1040
1041
CA-5148
ORDIN\NONCODE \ 08 -001ET. ORD
R-4
OCTOBER 5, 1993
'~ED A5 LO CONTENTS
APPRO ,'LO AS TO LEGAL
CITY ATTORNEY
30
- 14 -
CONSENT AGENDA
ITEM # 37288
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing the City Manager convey to the Virginia
Department of Transportation (VDOT) property for right-of-way and
easements re Landstown Road Project (CIP 2-037).
Voting: 11-0
Council Members l/'oting 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. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO CONVEY
REAL ESTATE TO THE COMMONWEALTH OF
VIRGINIA FOR LANDSTOWN ROAD PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach is the owner of
record of two parcels contiguous with the Landstown Road (CIP 2-
037) Project; and
WHEREAS, the Department of Transportation,
Commonwealth of Virginia, has now requested property for right-of-
way and easements needed for the Landstown Road Project; and
WHEREAS, the City Council is of the opinion that the
said right-of-way and easements should be deeded to the
Commonwealth for the Landstown Road Project in consideration of
$8,197.00.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to
execute, on behalf of the City of Virginia Beach, Virginia that
certain deed, conveying to the Commonwealth of Virginia, for the
appraisal value of $8,197.00, all that certain land owned by the
City of Virginia Beach, as outlined on the "Location Map Showing
Area Encompassing Right of Way & Easements to be Conveyed to VDOT
& Easements Conveyed to Va. Power Co. & G.T.E. for Landstown Rd.
Widening Proj. # U000-134-124, R/W 201 C.I.P. No. 2-037 Scale 1" =
300'".
its adoption.
This Ordinance shall be effective from the date of
Beach, Virginia, on the 12
Adopted by the Council of the City of Virginia
day of 0ctober , 1993.
32
33
34
35
36
37
Note: Pursuant to V.C.A. 15.1-307 a recorded affirmative vote of
three fourths of all the members elected to Council is required
R1 ~d~R?VED AS TO CONTENT
DATE: 8/25/93 J
~ ~ ~T~ ;%TTORNEY
- 15 -
Item 1V-L3.
CONSENT AGENDA
ITEM # 37289
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $66,000 in State Intensified
Drug Assistance Program Grant Funds from the Virginia Department of
Criminal Just'ce Services (VL4 the City of Norfolk) to the Virginia Beach
Police Department re acquisition of Computer Technology for the
Comprehensive Regional Information Management and Exchange
System (CRIMES) and that revenues be increased accordingly.
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. Oberndo~ Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AN ORDINANCE TO ACCEPT AND APPROPRIATE $66,000
IN STATE INTENSIFIED DRUG ASSISTANCE PROGRAM
GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA
(VIA THE CITY OF NORFOLK) FOR ACQUISITION OF
COMPUTER TECHNOLOGY FOR THE COMPREHENSIVE
REGIONAL INFORMATION MANAGEMENT AND EXCHANGE
SYSTEM (CRIMES)
WHEREAS, the City Council agreed to participate in the
inter-jurisdictional agreement related to the development and
operation of a regional criminal justice reporting system known as
the Comprehensive Regional Information Management and Exchange
System (CRIMES);
WHEREAS, under this agreement, the City of Norfolk is the
fiscal agent for the region, and as such receives and distributes
State grant funds which are received to support the development of
the CRIMES project;
WHEREAS, the second year grant funds from the State
Department of Criminal Justice Services have been accepted with the
City of Virginia Beach to receive $66,000;
WHEREAS, these funds will allow the City to purchase a
mainframe component required to allow inter-jurisdictional
communications with the City's mainframe; and
WHEREAS, the City has already provided its part of the
required match for participation in the regional grant, and no
other budgetary impact of acceptance of these funds is anticipated
in FY 1993-94.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $66,000 be accepted and appropriated from the
Commonwealth of Virginia (via the City of Norfolk) to the Police
Department for the purpose of purchasing the mainframe remote
controller related to the regional CRIMES project.
BE IT FURTHER ORDAINED:
That estimated revenues from the Commonwealth of Virginia
in the FY 1993-94 Operating Budget be increased by $66,000.
29
30
31
32
33
34
35
Adopted by the Council of the City of Virginia Beach,
Twelfth October
Virginia, on the day of , 1993.
CA-5305
R-1
\ORDIN\NONCODE\ CRIMES. ORD
Prepared: 10/04/93
~,~.~V~ AS TO CONTEN~
,..--,.~. ...... $!GNATu:~i~ ~
,~ ..... ~/D r p A i.,,Z;,^ ?. j,. iT 6'
AFPP, OVED AS TO LEGAL
- 16 -
Item IV-L4.
CONSENT AGENDA
ITEM # 37290
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $5,250 Grant from the
Virginia Department of Emergency Medical Services, Rescue Squad
Assistance Fund to the Virginia Beach General Fund re purchasing
Hepatitis-B vaccine for members of the Department of Emergency
Medical Services (EMS) and increase estimated revenue accordingly.
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
October 12, 1993
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,250 GRANT FROM THE STATE
OFFICE OF EMERGENCY MEDICAL SERVICES, RESCUE SQUAD ASSISTANCE FUND
TO THE CITY OF VIRGINIA BEACH GENERAL FUND FOR THE PURPOSE OF PURCHASING
HEPATITIS-B VACCINE FOR EMERGENCY MEDICAL SERVICES PROVIDERS
WHEREAS, the Department of Emergency Medical Serwces provides pre-hospital emergency me&cai and rescue
services to the c~t~zens of V~rgima Beach by answering over 27,000 calls for service annually, many of which involve
exposure to blood and body fluids,
WHEREAS, exposure to blood and body fluids makes pre-hospital care providers highly susceptible to the Hepatitis-
against which there is a 3-dose vaccine available which will provide protection,
WHEREAS, the Department of Emergency Medical Services has implemented a Hepatltls-B inoculation program
since October 1 l, 1989 under which 489 of the 792 members of the Emergency Medical Servme have been inoculated,
3. 2 WHEREAS, the Department of Emergency Medical Services has apphed for, and has been awarded a matching
3. 3 grant in the amount of $5,250 00 to purchase Hepatltls-B vaccines for FY 1993-94, has matching appropriations ~n the current
'14 FY1993-94 operating budget, and would like the C~ty of Virginia Beach to accept and appropriate the State grant for the
'1 5 purchase of the Hepatltls-B vaccine
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, to accept and appropriate $5,250 00 from the State Office of Emergency Medical Services, Rescue Squad
Assistance Fund to the General Fund for the purpose of purchasing Hepatltls-B vaccines to inoculate members of the
Department of Emergency Medical Servlces during FY 1993-94
2 0 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to
2 3_ increase Estimated State revenue by $5,250 00
22
Th~s ordinance shall be effective from the date of ~ts adoption.
23 Adopted by the Council of the C~ty of Virginia Beach, Virginia on the Twelfth day of
October
, 1993
24
25 APPROVED AS TO CONTENT
2'7 DEPARTMENT OF MANAGEMENT AND BUDGET
c \budget\93-94\emshepb ord vol 32 sgh
-- I I
APPROVED AS ,'-r'---i-'-~
LEGAL SUFFIC:£ ',....
-17-
Item 1V-LS.
CONSENT AGENDA
ITEM # 37291
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to TRANSFER $300,000 from the Larkspur Sewer Project
(CIP 6-945) to Terrace Avenue/14th and Parks Pump Station and
Force Main Improvements Sewer Project (CIP 6-044) re construction
costs and allow for a construction contingency.
Clarence Warnstaff, Director of Public Utilities, advised there has been a slight increase in construction
prices. Only three bids were received and the low bid was within 5% of the City's most recent estimate.
The possibility of rebidding the work had been considered, but recognizing the fact that the Iow bid was
within 5% of the nearest estimate, the staff felt it would not be to the best advantage to readvertise. This
would take additional resources of time and money and probably not result in any lower bids.
Voting: 11-0
Council Members Voting Aye:
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. Oberndoff, Nancy K. Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
AN ORDINANCE TO TRANSFER FUNDS OF $300,000
TO TERRACE AVENUE/14TH AND PARKS PUMP STATION
AND FORCE MAIN IMPROVEMENT (6-044) TO COVER
THE SHORTFALL IN CONSTRUCTION BID PRICES
WHEREAS, the ex~st~ng CIP ~ncludes the Terrace Avenue/14th and Parks Pump Station and
Force Mmn Improvements sewer project (6-044) for construction of force mmns, grawty sewers, and
the upgrade of two ex~st~ng pumping stat,on to remove and redirect area sewer flows out of the beach
sewer system and ~nto an HRSD force ma~n;
10
WHEREAS, based on recently received construction b~ds, the project w~ll need an add~t,onal
$300,000 to cover the shortfall ~n construction costs and allow for a construction contingency;
11
12
13
WHEREAS, the amount needed ~s available from the Larkspur sewer project (6-945) mnce
th~s project ~s substantially completed and has appropmat~ons which may be transferred to another
sewer project.
15
16
17
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That funds ~n the amount of $300,000 are hereby transferred from Larkspur
Sewers (6-945) to Terrace Avenue/14th and Parks Pump Station and Force Ma~n Improvements (6-
044) to cover the cost of construction and allow for a construction contingency,
18
Th~s ordinance shall be effectIve on the date of ~ts adoption.
20
Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~n~a on the 12
October
,1993.
day of
Approved as to Content
Management and Budget
APPROVED AS T?
LEGAL SU' '
- 18 -
Item IV-L6.
CONSENT AGENDA
ITEM # 37292
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $8,132.09 upon
application of certain persons and upon certification of the City
Treasurer for payment.
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. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
FORM NO C A 7
9/16/93
EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certihcation of the Treasurer are hereby approved:
Tax Type T~cket Exonera- Date Penalty Int.
NAME Year of Tax Number t~on No. Pa,d
Total
Michele P Terry 93 RE(l/2)
Michele P Terry 93 RE(2/2)
Principal Mutual Life 93 RE(l/2)
Principal Mutual Life 93 RE(l/2)
C F C Corporation 93 RE(2/2)
Wilbert & Rosalie Bowden 93 RE(l/2)
Sam Sandler et al 93 RE(2/2)
Sam Sandler et al 93 RE(2/2)
Josephine C Copley 93 RE(2/2)
David R Armstrong 93 RE(2/2)
William E Altman 93 RE(2/2)
Charles L Burlage, Trustee 93 RE(2/2)
Frances R Hisaoka 93 RE(2/2)
Joseph J & Mary Tokarz 93 RE(2/2)
Dragas Homes Inc 91 RE(1/2)
Dragas Homes Inc 91 RE(2/2)
Shorehaven Associates 92 RE(l/2)
Shorehaven Associates 92 RE(2/2)
John A Johnson III 92 RE(l/2)
John A Johnson III 92 RE(2/2)
John A Johnson III 91 RE(l/2)
John A Johnson III 91 RE(2/2)
John A Johnson III 90 RE(l/2)
John A Johnson III 90 RE(2/2)
Glenn Mikolas N/A Pkng
Church of the Apostles N/A Pkng
Marianna Berkley N/A Pkng
115104-9 11/25/92
115104-9 6/5/93
91724-2 12/5/92
67204-1 12/5/92
133202-3 6/3/93
11429-8 3/29/93
101427-9 12/5/92
101428-8 12/5/92
128764-3 8/17/93
3204-6 8/18/93
116048-6 6/5/93
55056-5 8/24/93
52504-0 8/25/93
116799-7 8/31/93
31096-0 12/5/90
31096-0 6/5/91
31306-5 12/5/91
31306-5 5/26/92
49882-9 11/25/91
49882-9 6/3/92
49500-2 11/28/90
49500-2 5/28/91
48671-8 12/5/89
48671-8 5/30/90
437432 8/24/93
360572 8/10/93
409965 7/12/93
40.88
40.88
66.09
64.06
5,058.80
43.48
7.76
34.30
41.75
54.29
25.49
238.97
112.37
49.83
338.71
338.71
357.74
357.74
138.97
138.97
131.58
131.58
124.57
124.57
25.00
2O. O0
25.00
To ta 1
8,132.09
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$8,132.09 were approved by
the Council of the City of V~rg~nia
Beach on the 12_day of Oct:obez- 1993
Ruth Hodges Smith
C~ty Clerk
A
~roved as to form.
L(.esl~ [ L,ile~,,-~,ty-~
- 19 -
Item IV-L Z
CONSENT AGENDA
ITEM # 37293
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $4,383.83 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
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. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
- 20 -
Item IV-J, 1.
RESOLUTIONS~ORDINANCES
ITEM # 37294
The following registered in OPPOSITION:
Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024
Wally Erb, 150 Cayuga Road, Phone: 497-7451
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Upon motion by Councilman Jones, seconded by Councilman Baurn, City Council
DELETED FROM AGENDA a Resolution establishing that the first
regular City Council meeting of each month shall be an informal
meeting and shall be conducted in the City Council Conference Room.
The City Council shall resume their three (3) Regular Formal Sessions in the Council Chambers of The
City Hall Building, on the first and second Tuesdays of each month at 2:00 P.M. and on the fourth
Tuesday of each month at 6:00 P.M. All Informal Sessions will be held in the Council Chamber.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James IV.. 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. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
FORId NO C~A. 8 RE~ 3~6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the followIng apphcabons for hcense refunds, upon cert~hcat~on of the Comm~smoner of the
Revenue are hereby approved:
NAME bcense Date Base Penalty Int
Year Prod
Total
Investment Research Corp.
201-22nd Street
Virginia Beach, VA 23451
Rudd, Jack O.
5032 Century Drive
Virginia Beach, VA
23462
1991-92 Audit 42.40
1993 6/2/93 470.00
42.40
470.00
Th~s orclmance shall be effective from clare of
aclopt~on
The above abatement(s) totahng $ 512.40
12
of the C~ty of V~rg~n,a Beach on the
day of
Cert~hed as to Payment
Approved as to form
were approved by the Councd
October
93
Ruth Hodges Smith
C~ty Clerk
~MNO CA. ~EV 3,~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon certification of the Commissioner of the
Revenue are hereby approved.
L~cense Date
NAME Year Prod Base Penalty
Int
Total
Gipe Associates Inc.
P.O. Box 1147
Easton, MD 21601
Hand, Douglas F.
T/A Hand Enterprises
6101 Tradewinds Court
Virginia Beach, VA 23464
Harrell, Gloria E.
T/A Glorias Demo Service
130 R~verpo~nt Crescent
Portsmouth, VA 23707
1992 Audit 545.05
1993 6/1/93 410.00
1992 Audit 52.93
545.05
410.00
52.93
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,007.98
].2
of the C~ty of V~rg~n~a Beach on the day of
Ce,'t~fled as to Payment
Approved as to form
Les,,e ( L,Iley- ~
C~ty Attorney '~
were approved by the Counc=~
October ,1993
Ruth Hodges Smith
C~ty Clerk
FORM NO CA- 6 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcabons for hcense refunds, upon cerbflcat~on of the Commissioner of the
Revenue are hereby approved:
L~cense Date
NAME Year Pa~d Base Penalty Int
Total
Corbin, Arthur T.
T/A Corbln Company
9608 4th View Street
Norfolk, VA 23503
1991 Audit 32.65
Crystal Sales Inc.
T/A Fashzon Flair
2101-13th Street North
Reading, PA 19604
1991-92 Audit 1,098.89
Executone Informatzon Systems
6 Thorndal Circle-Peg 1991-93
Darien, CT 06820
Audit 1,592.87
32.65
1,098.89
1,592.87
Th~s ordinance shall be effecbve from date of
adoption
The above abatement(s) totaling $ 2,724.41
12
of the C~ty of V~rg~n~a Beach on the day of
Cemfled as to Payment
Comm,ss~oner of the Revenue
Approved as to form
C~ty Attorney
were approved by the Council
Oct. ober
,19~
93
Ruth Hodges Smith
C~ty Clerk
FORM NO C A~ 8 REV 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for hcense refunds, upon cerbflcat~on of the Commissioner of the
Revenue are hereby approved:
L~cense Date
NAME Year Pa~d Base Penalty Int.
Total
ACP Inc.
T/A ACP Security Systems
P.O. Box 29367
Richmond, VA 23233
1992 Audit 17.13
B & K Mechanical Inc. 1992
T/A Anytime Heating & Cooling
235 Lowther Dr~ve
Virginia Beach, VA 23462
Beavers, Jeff D. 1992
T/A Coastal Creations & Carpentry
2304 Windward Shore Drive
Virginia Beach, VA 23451
Audit 42.17
Audit 79.74
17.13
42.17
79.74
Th~s ordinance shall be effective from date of
adoption
The above abatement(s) totahng $ ]_39.04 12
of the C~ty of V~rg~n~a Beach on the day of
Cert~f;ed as to Payment
Commissioner of the Revenue
Approved as to form
Le ~l~e ¢.. L,Iley ""'"-- '---- 7
C~ty Attorney
wer..e ap.proved by the Council
October 93
Ruth Hodges Smith
C~ty Clerk
- 21 -
Item IV-J.Z
I~S OL UTIONS /ORDINANCE S
ITEM # 37295
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution re underwriters for the proposed Water and Sewer Refunding
Bonds and Water and Sewer Revenue Bonds:
Establish the recommended "short list" of underwriting firms
for the City's negotiated sales during Fiscal Year 1994.
Appoint PaineWebber Incorporated and Craigie Incorporated
co-senior underwriting managers; Lehman Brothers, Merrill
Lynch and Co., Smith Barney Shearson Incorporated and
NationsBanc Capital Markets, Inc. as underwriting co-
managers; and, authorize the City Manager to appoint, as co-
mangers or as selling group, additional underwriters.
Authorize the City Manager to appoint an Escrow Agent, Fiscal
Agent and Verification Agent as necessary.
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. Oberndo~ Nancy IC Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
A RESOLUTION FOR APPROVAL OF
UNDERWRITERS
10
11
12
13
14
15
16
17
18
WHEREAS, the City, in conjunction with its financial advisors,
has determined that it is in the best interest of the city to
select a pool of underwriters for negotiated bond sales for Fiscal
Year 93-94 from which underwriters for Refunding Water and Sewer
Revenue Bonds, Water and Sewer Revenue Bonds, financing for the
Marine Science Museum expansion, and other municipal financings may
be selected;
WHEREAS, after soliciting and reviewing applications of
investment banking firms, the City staff, upon consultation with
representatives of Government Finance Associates, Inc. and
Government Finance Group, Inc., the "Financial Advisors" of the
City, have recommended an underwriting pool for such negotiated
financings and have also recommended an underwriting group drawn
from this pool of underwriters to be the senior managers and co-
managers for the planned Refunding Water and Sewer Revenue Bonds
and the planned Water and Sewer Revenue Bonds.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. PaineWebber, Incorporated, Lehman Brothers, Merrill Lynch
and Co., Smith Barney Shearson Incorporated, Craigie, Incorporated,
NationsBanc Capital Markets, Inc., Wheat First Security Inc. and
Scott Stringfellow, Inc. are selected to be the pool from which
senior manager(s) and co-managers will be selected for negotiated
financings during Fiscal Year 93-94. The City retains the option
to extend the use of this pool through December 31, 1995.
2. PaineWebber Incorporated, and Craigie Incorporated are
hereby appointed co-senior underwriting managers for the planned
issuance of Refunding Water and Sewer Revenue Bonds and Water and
Sewer Revenue Bonds. Additionally, Lehman Brothers, Merrill Lynch
and Co., Smith Barney Shearson Incorporated and NationsBanc Capital
33
34
35
36
37
38
39
40
41
42
43
Markets, Inc. are hereby appointed as underwriting co-managers for
the planned issuance of Refunding Water and Sewer Revenue Bonds and
Water and Sewer Revenue Bonds.
3. The City Manager and staff of the Department of Finance
are hereby authorized to appoint, as co-managers or as selling
group, additional underwriters.
4. The City Manager is hereby authorized to appoint an
Escrow Agent, Fiscal Agent, and Verification Agent as necessary for
the planned issuance of Refunding Water and Sewer Revenue Bonds and
Water and Sewer Revenue Bonds.
5. This resolution shall take effect immediately.
44
45
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of October , 1993.
46
47
48
49
CA-5315
ORDIN \NONCODE \UNDERWRITERS. RES
R-2
PREPARED: October 5, 1993
_~~ED AS TO CQ.N.TENTF
..... cC.
DEPA~T/~.,..:NT
APPROVED AS TO LEGAL
~,~/~ SUFFICIENCY AND FORM
. _ 'la,/ , .
CITY' A'I-I'ORN EY
CITY OF VIRGINIA BEACH, VIRGINIA
REQUEST FOR PROPOSALS
for
INVESTMENT BANKING SERVICES
Proposals Due. September 14, 1993 no later than 300p m EDT
INTRODUCTION
The purpose of this Request for Proposal ("RFP") is to select a group of underwriters for
negotiated financings that the City anticipates to undertake in fiscal year 1994, and to
name from that group a senior managing underwriter and/or co-senior managing
underwriter for a water and sewer revenue bond refunding expected to be executed in
October 1993 The City will select the senior managing underwriter and/or co-senior
managing underwriter, as well as the co-managers for the other fiscal year 1994 negotiated
financings from the firms in this group at the time of each sale At that time firms may be
requested to submit additional information to assist the City in the selection process
Ftrms not mterested tn serving as sentor, co-senior, or co-manager should submit a letter
expressing their tnterest and quahfications to be a member of the selling group. Such
firms should not submit a complete response to this request for proposal.
At this time, two negotiated financings are planned for completion prior to the end of
fiscal year 1994 A brief description of each is provided below
1)
The City of Virginia Beach intends to refinance selected water and sewer
revenue bonds in advance of their stated maturity to obtain present value
savings The bonds under consideration include the Water and Sewer
Revenue Bonds, Series 1992 and bonds issued by the Virginia Resources
Authority on behalf of the City In addition, the City may take the
opportunity to issue an additional $10 to 15 million of revenue bonds
(new money) for routine capital improvements The sale is expected to
occur in October 1993 The Bonds will be issued under the Master Bond
Resolution adopted by the City in 1992 Some amendments to this
Resolution may be made at the time of the 1993 sale
2)
The City also intends to issue securities to finance the construction of an
expansion to the Virginia Marine Science Center (VMSC). At present, the
VMSC expansion is expected to be financed through the issuance of lease
revenue bonds or certificates of participation in February 1994
The firm selected to serve as senior manager for each issue must have demonstrable
experience in the structuring and sale of the type of credit and security being contemplated
for that issue The firm will work with representatives of the C~ty, its financial advisors,
and bond counsel to ensure that the financing is completed in a timely manner and that the
securities are well received by the market
The City of Virginia Beach reserves the right, but is under no obligation, to assign firms
from the selected group to other negotiated sales that may be scheduled for completion
prior to 12/31/95 In the event that additional assignment(s) are deemed prudent, the City
Manager and Finance Director may recommend to the City Council that it choose a senior
manager from among the group selected for the issues described above
Firms responding to this RFP must express their willingness to work on a contingency
basis The City will not be responsible for any expenses nor will it pay any fees to
underwriters in the event the financing(s) are not completed The City also retains the
right to dismiss a firm from the group prior to a sale of securities at its sole discretion
The City shall not be liable for any expenses incurred by proposers in their preparation and
presentation of the proposals The City reserves the fight to reject all proposals All
proposals submitted to the City pursuant to this RFP will become the property of the City
of Virginia Beach
The City also may cancel this Request for Proposals or reject proposals at any time prior
to an award, and is not required to furnish a statement of the reason why a particular
proposal was rejected or not selected The City reserves the fight to waive any
irregularities in any proposal Where there is a discrepancy between numeral and written
text, the written text shall be considered binding
Joint proposals shall not be accepted
Any questions regarding this RFP must be submitted in writing by mail or facsimile
transmission to Kimberly K Edwards, Government Finance Group, Inc (fax 703-528-
6277) or Michael P Griff'erty, Government Finance Associates, Inc. (fax 212-809-6317)
The deadline for submittal of questions is September 3 at 3 00 p m EDT Af[er
consultation with the Director of Finance, the co-financial advisors will distribute the
questions and answers on September 7 by 5'00 p m EDT The responses will be sent by
facsimile transmission to each firm to whom an RFP was delivered The identity of the
firm posing each question shall not be released
DELIVERY OF PROPOSALS
Responses must be delivered no later than 3 00 p m EDT on Tuesday, September 14 to
the following
Patricia A Phillips
Director of Finance
City of Virginia Beach
Municipal Center
City Hall, Room 220
Virginia Beach, Virginia 23456
(804) 427-4681
Please dehver four (4) hard coptes of your proposal to thts locatton.
Kimberly K Edwards
Government Finance Group, Inc
4350 N Fairfax Dr, Suite 760
Arlington, Va 22203
(703) 528-5785
Please dehver two (2) hard copies of your proposal to this location.
Michael P Grifferty
Government Finance Associates, Inc
71 Broadway, Suite 1301
New York, NY 10006
(212) 809-5700
Please dehver two (2) hard coptes of your proposal to thts location.
The delivery of the proposal prior to the stated deadline is solely and strictly the
responsibility of the respondent Responses delivered after the stated deadline will not be
considered under any circumstances All proposals will be dated and time-stamped upon
receipt Facsimile responses will not be accepted
PROPOSAL REQUIREMENTS AND RESPONSE FORMAT
Proposals shall be signed by an authorized representative of the firm and shall be
addressed to the Director of Finance Failure to submit all of the required information
may result in a proposal being rejected as nonresponsive
Proposals shall be prepared in a simple and economic manner, providing straight-forward,
concise responses to satisfy the RFP requirements No printed brochures or materials
unless directly related to the written responses shall be provided
Each copy of the proposal, and any supporting documentation, shall be bound as a single
volume. The following information shall be included in the respondent's proposal in the
order indicated
o
,
o
Each proposal shall be accompanied by a brief transmittal letter which
summarizes the proposal's key points and which is signed by an officer of
the firm who is responsible for committing the firm's resources The
transmittal letter also must identify any potential conflicts of interest that
could arise during the firm's term of service to the City (The Director of
Finance reserves the right to seek further information from the respondent
regarding matters that may pose an appearance of conflict ) Not to exceed
two pages.
Provide a detailed plan of finance for the proposed refunding bond issue
The firm's approach to structuring the refunding bond program shall be
explained clearly and concisely The refunding should comply with the
Virginia State Council on Local Debt Guidelines. The assumptions to be
used for structuring the financing are included in appendix A Not to exceed
three pages, excluding debt servtce schedules.
Discuss a possible plan of finance for the VMSC expansion Discuss the
advantages and disadvantages that may arise from the use of lease revenue
bonds or COPs to finance the expansion The City welcomes, but does not
require, a discussion of alternatives to a G O or lease financing While the
City expects the VMSC expansion to generate important ancillary
economic benefits, the projected admission fees will not support debt
service on a facility revenue bond Not to exceed three pages.
Provide a list of the firm's experience as a senior or co-senior manager for
advance refunding of water and sewer revenue bonds since January 1,
1990 The information may be provided in tabular form at the respondent's
option. Please provide totals of the dollar amount and number of listed
transactions
Provide a list of the firm's experience as a senior or co-senior manager for
lease revenue bonds and certificates of participation since January 1, 1990
The information may be provided in tabular form at the respondent's
option Please provide totals of the dollar amount and number of listed
transactions.
.
From the lists provided in 4 above, identify and discuss at least one
financing which provides the best indication of your firm's ability to execute
a revenue bond refunding Include the names and telephone numbers of
references (government officials) for these transactions Identify the day-
to-day banker for these transactions Not to exceed one page.
The Virginia Beach City Council has established a "Tourism Growth
Investment Fund" (TGIF) to meet its economic and tourism goals The
TGIF program includes the development of various capital projects,
including a convention center, amphitheater, golf courses, park
improvements and resort area parking Please provide one relevant
example of your firm's participation and experience with similar tourism
related economic development projects Identify the type of financing and
describe any difficulties or hurdles that were encountered in the project and
your approach to overcoming them Include the names and telephone
numbers of references (government officials) for this transactions Identify
the day-to-day banker for this transactions Not to exceed two pages.
o
Provide the name(s) and brief resume of the public finance professionals
assigned to work on the City's planned financings Identi~t the person who
will serve as the day-to-day banker on the transaction(s) and the person(s)
who will support the day-to-day banker
Provide a description of the firm's proposed marketing plan for the water
and sewer revenue bonds and the Virginia Marine Science Center
financing Identify the most likely purchasers of the securities and suggest
any possible structures that could enhance the City's offering Not to exceed
three pages.
Discuss the firm's ability and willingness, if necessary, to commit capital to
underwrite a bond issue without corresponding and offsetting orders
Relevant examples may be included at the respondent's option Not to
exceed one page.
10.
Provide an indication of the spread (in dollars/S1,000) which would be
required if your firm is selected as the underwriter for the water and sewer
revenue bond refunding Please complete the accompanying forms entitled
"Components of Total Spread" and "Estimated Yields and Takedowns"
These numbers will be considered as "bids" (with the exception of
takedown and underwriting fees which should be realistically estimated
given market conditions on September 1, 1993) and will constitute an
important criterion for selection Unrealistic spread assumptions will be
viewed negatively State the basic financing assumptions on which these
fees are predicated and the factors which may affect the quote
In order to provide fair and equitable compensation to firms that serve as
underwriters, the City of Virginia Beach seeks a general description of the
method by which the firm compensates its investment bankers For
example, some public finance departments appear to rely more heavily
upon management fees than do others Other public finance departments
rely upon a share of the institutional sales commission or commissions from
the reinvestment of proceeds in refundings. Describe the manner in which
the investment bankers assigned to the City's transactions shall be
compensated
11.
Provide a description of the firm's participation in syndicates that have bid
competitively for the City's bonds The information may be provided in
tabular form at the respondent's option The City shall not penalize a firm
for not having served as the senior due to the prevalence of historical
bidding syndicates However, general participation in the City's
competitive sales over the course of the past four years shall be viewed
positively. Not to exceed one page.
12
Please identify any potential conflicts of interest or matters that pose an
appearance of conflict of interest that may arise during the firm's term of
service to the City Provide a statement listing any and all agreements or
arrangements by and between your firm and any other underwriters,
financial professionals, or other professionals, including without limitation
attorneys, lobbyists or public relations representatives that would relate to
the City's financings
The Director of Finance reserves the right to seek further information from
the respondent regarding matters that may pose any actual conflict or an
appearance of conflict The terms and/or existence of all joint accounts
and/or any fee-sharing arrangements by and between the selected
underwriters and any other underwriters or financial professionals such as
financial advisors and bond counsel must be disclosed and approved tn
advance by the City if such arrangements are related to any financings or
financial transactions involving, directly or indirectly, the City of Virginia
Beach.
EVALUATION AND AWARD
A selection committee consisting of representatives of the City and its financial advisors
will review the proposals and present a recommendation to the Virginia Beach City
Council ("the Council") The Director of Finance may choose to conduct interviews of
short-listed firms prior to presenting a recommendation to the City Council but is under no
obligation to do so The following criteria will be used in the evaluation of proposals
· The advance refunding plan of finance, including the firm's approach
to structuring the escrow,
· The firm's discussion of the Virginia Marine Science Center financing,
including its discussion of lease financings,
· The firm's marketing plan for both transactions,
· The firm's prior experience in structuring and marketing tax-exempt
refunding bonds and lease financings,
· The firm's prior experience with financing tourism-related economic
development projects,
· The experience and qualifications of the individuals assigned to the
transaction,
Cost, as measured by the proposed scale and the spread on the
refunding bond issue Unreasonably low (or high) estimates of the
cost of financing will be viewed negatively,
· The firm's prior participation in the City's competitive sales,
· General responsiveness of the proposal.
COMPONENTS OF TOTAL SPREAD
Advance Refunding Issue
Average Takedown
Management Fee
Underwfiter's Expense (see below)
Underwriting Fee
Gross Spread ($ per thousand)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Breakdown of Expenses
Underwriter's Counsel (+) $
Travel (++) $
Fed Funds (~-~-) $
Document Printing (,+++) $
Freight Communications $
Other (i e.. PS& MSRB, etc. please specify) $
Total Expenses (actual $)
Submitted by
Firm Name.
(+)
(++)
(*++)
(++++)
Assume separate underwriters' counsel; the F A will prepare the Official Statement
Assume 3 meetings in Virginia Beach or Pdchmond, V~rg~nia.
Assume a closing vath same-day funds (fed funds rate on 9/1/93 )
Excludes POS/OS pnnt~ng
ESTIMATED YIELDS AND TAKEDOWNS- REFUNDING ISSUE
(Best estimates basexl upon market conchtmns on September 1, 1993)
Principal
Maturity Amount Coupon Yield
Takedown
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
Use adchlaonal pages ff necessary
Summary of Assumptions
for Water and Sewer Revenue Refunding Bonds
General Refunding Assumptions
Dated Date: October 15, lgg3
Delivery Date: October 28, lg93
Coupons and Escrow Yields based on Market Conditions as of September 1, lgg3.
Cost of Issuance: $120,000
Trustee fees of $2,000 per year included as an expense.
Calculation of Cash Contdbution:
· Funds held by VRA Trustee:
Principal contributed since Oct. 20 1993
Interest contributed s~nce April 20 1993
Negative ArbItrage Fee contributed s~nce Apdl 20, 1993
Trustee Fee contributed since June 30, 1993
Loan Servicing Fee contributed since June 30, 1993
Sub-Total A.
$420,000.00
423,094 98
609 42
447.40
4,878 12
$849,029 92
Amount appropriated by C~ty for FY 1994 debt service VRA Loan
1992 Revenue Bonds
less funds contributed to VRA Trustee in FY 1994 to date
less debt service on 1993 Refunding Bonds
Sub-Total B.
$1,266,190 00
1,628,955 00
(427,795 12)
TOTAL (Sub-Total A plus Sub-Total B)
Key Components of VRA Loan Agreement:
Prepayment on any interest payment date (Nov I and May 1)
Prepayment requires 45 days nobce to VRA and Trustee (United Virginia Bank)
·
Redemption Dates and Prices:
Pnncipal Maturity Call Date Call Price
1994 to 1996 11/1/93 100 5%
1997 to 2000 11/1/94 101 0%
2001 to 2003 11/1/96 101 5%
2004 to 2008 11/1/99 102.0%
Prepayment amount (escrow requirement) calculated as follows:
Par being refunded $ ~-~
Redemphon Premium (see above) $ ~-'~
Trustee Fee $111 85/mo. unhl final call date
Negahve Arbitrage Fee $101 57/mo. unhl final call date
Loan Servicing Fee' 0.125% of outstanding principal, payable monthly
Interest due in month following prepayment $68,118.33'
**** To be determined by structure of 1993 Refunding
10
City of Virginia Beach, Virginia
Virginia Resource Authority Loan
Year
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
Principal Due on November 1
Principal Coupon
$420,000 6.85%
445,000 6.90%
475,000 6.90%
510,000 6.95%
545,000 7.00%
585,000 7.05%
625,000 7.10%
670,000 7.15 %
715,000 7.20%
770,000 7.25%
825,000 7.30%
885,000 7.35%
950,000 7.35%
1,020,000 7.40%
1,095,000 7.40%
1,180,000 7.45%
Interest due on May 1, and November 1, compounded sermannually
Item 1V-J.$.
RESOLUTIONS~ORDINANCES
ITEM # 37296
Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to APPROPRIATE $1,720,111 from the General Fund
Balance and $114,202 from the Water and Sewer Fund Retained
Earnings re Gainsharing, Productivity Improvement and Workplace
Enhancement Programs.
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 IL 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
Councilman Lanteigne DISCLOSED Pursuant to Section 2.1-639.14(G), Code of Virginia, is currently
employed by the City as a police officer and, as a full-time permanent City Employee would be eligible
to receive a gainsharing check if the ordinance is adopted. Councilman Lanteigne wishes to disclose this
interest and declared that he is able to participate in this transaction fairly, be objective and in the public
interest. Councilman Lanteigne's letter of October 12, 1993, is hereby made a part of the record.
Councilman Lanteigne advised he will be donating his gainsharing check to charity.
October 12, 1993
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
$1,720,111 FROM THE GENERAL FUND BALANCE AND $114,202 FROM
THE WATER AND SEWER FUND RETAINED EARNINGS FOR THE EMPLOYEE
GAINSHARING PROGRAM,THE PRODUCTIVITY IMPROVEMENTS
PROGRAM, AND THE WORKPLACE ENHANCEMENTS PROGRAM
WHEREAS, it is desire of the City Council to ~nsmute a Gainshanng Program for the employees of
V~rglnla Beach which will allow employees to share In savings realized through organizational improvements;
WHEREAS, the City Council also desires to lnsmute programs of Productivity Improvements and
Workplace Enhancement recogmtlon to reward departments and employees for improvements m these areas,
10
WHEREAS, there are funds available to cover costs of ~mplement,ng these three recogn,t,on programs,
11
12
13
WHEREAS, the City Manager has established an allocation formula to allot funds for the Ga~nsharing
pool, the Productivity Improvements Program, the Workplace Enhancement Program, the Capital Improvement
Program, and to maintain an appropriate level of funding m the Debt Service Reserve Fund.
14
15
16
17
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That funds in the amount of $1,720,111 and $114,202 be appropriated from the General
Fund Balance and the Water and Sewer Fund Retained Earnings respectively, for the Gainshanng, Productivity
Improvement, and Workplace Enhancement Programs
19
20
NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA: That checks for Ga~nsharlng savings be ~ssued to all full t~me and part t~me
permanent employees on October 29, 1993
21
Th~s ordinance shall be ~n effect from the date of its adopuon.
22
23
12
Adopted by the Council of the C:ty of V~rgima Beach, V~rg~ma on the
day of October ,1993
APPROVED AS TO CONTENT
City of Virginia Beach
PAUL J LANTEIGNE
COUNCILMAN - PUNGO BOROUGH
(804) 721-5535
4752 STONE ROAD
VIRGINIA BEACH VIRGINIA 23457
October 12, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re' Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
Ii
The transaction for which I am executing this written disclosure is the City
Council discussion and vote on an ordinance to appropriate funds in the
amount of $1,720,111 from the General Fund balance and $114,202 from the
Water and Sewer Fund retained earnings for the employee Gainsharing
Program, the Productivity Improvements Program, and the Workplace
Enhancements Program.
.
I am currently employed by the City of Virginia Beach as a police officer and,
as a full-time permanent City employee, I would be eligible to receive a
gainsharing check if the ordinance is adopted.
Item lg-J. 4.
I~S OL UTIONS/ ORDINANCES
ITEM # 37297
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $2,312,477 from the General Fund
Balance to the FY 1993-1994 School Operating Budget for non-
recurring costs re additional space.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, 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. OberndorjS, Nancy lC Parker and Vice Mayor
William D. Sessorns, Jr.
Council Members l/'oting Nay:
None
Council Members Absent:
None
Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virignia, his wife was
currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
October 12, 1993
10
11
12
13
14
15
16
17
18
19
20
ORDINANCE TO APPROPRIATE $2,312,477
FROM GENERAL FUND BALANCE TO THE
SCHOOL OPERATING BUDGET
~gI-IF. RF.A_S, it is Council policy to return to the School Division any funds
reverted to the General Fund that are not needed to maintain the fund balance debt reserve
requirements;
projects;
WHERE&S, the use of the funds is limited to non-recurring costs such as capital
WHERi~.AS, after computing the amount necessary to meet the minimum
undesignated fund balance policy, the amount of FY 1992-93 funds available for return to the
School Division totals $2,312,477;
WHERI~.&S, the School Board and School Administration desire the appropriation
of this $2,312,477 to their FY 1993-94 Operating Budget for non-recurring costs;
NOW, TI-W. REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA THAT, funds in the amount of $2,312,477 are
hereby appropriated from the General fund balance to the FY 1993-94 School Operating Budget
for non-recurring costs.
This ordinance shall be effective on the date of its adoption.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the ~
October
, 1993.
12
d~y
Approved as to Content
Walter C. Kraeme~, Jr.
Management and Budget
- 24 -
Item IV-J. 5.
RESOLUTIONS/ORDINANCES
ITEM # 37298
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED*:
Ordinances re Resort Area Parking:
a.
TRANSFER $510,000 from TGIF Reserve for Contingencies and $350,000 from
24th Street Park Project 2-214 to Resort Area Parking Improvements Project 2-
215, and that the amount transferred from TGIF Reserve for Contingencies be
replaced upon the availability of 1993 Charter Bond appropriations with the
adoption of the FY 1993-94/FY 1998-99 CIP.
Authorize acquisition of property in fee simple for 25th Street
Parking Facility. (Quick Take Condemnation)
*All references to 1993 Charter Bonds shall be DELETED.
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
October 12, 1993
AN ORDINANCE TO TRANSFER FUNDS OF $860,000 TO
PROJECT 2-215 RESORT AREA PARKING IMPROVEMENTS
TO ALLOW THE PURCHASE OF PROPERTY AND PROVIDE
ADDITIONAL PARKING TO THE RESORT AREA
WHEREAS, the C~ty ~s ~n need of add,t~onal parking at the Oceanfront due to on-street
parking being lost due to the Resort Streetscape projects and the future demands of events to be held
at the 24th Street Park;
10
WHEREAS, to meet the additional parking demands, the C~ty has offered to buy 2.3 acres
of property fronting Pacific Ave and Arctic Avenue at 25th Street currently owned by V~rg~ma Beach
Federal Sawngs Bank with the City's appraisal indicating the value of the property to be $1,010,000;
11
12
13
WHEREAS, Project 2-215 Resort Area Parking Improvements currently has a balance of
$150,000 resulting ~n the need to transfer an additional $860,000 to fully fund the appraised value
of the property;
14
15
WHEREAS, to maintain the schedule of the project, ~t ~s necessary to accelerate the funding
for the acquisition of property.
16
17
18
19
20
21
22
23
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That funds m the amount of $860,000 are hereby transferred as shown below to
fully fund the C~ty's appraised value of property for add~t,onal park, rig at the resort area.
Transfer from:
Project 2-214 24th Street Park
TGIF Reserve for Contingencies
Transfer to:
Project 2-215 Resort Area Parking Improvements
$ 350,000
510,000
$ 860,000
24
Th~s ordinance shall be effective on the date of ,ts adoption.
25
26
Adopted by the Councd of the C,ty of V~rg~ma Beach, V,rg~ma on the
October
,1993.
12
day of
Approved as to Content
Management and Budget
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR 25TH STREET PARKING
FACILITY 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
acquisition of property for future parking facilities and related
improvements for the development of the 25th Street Parking Lot and
for the health, peace, good order, convenience, morale, and 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, and 15.1-899, et seq., Title 25-46.1 e_~t
seq., Code of Virginia of 1950, as amended, all that certain real
property in fee simple, including temporary and permanent easements
as shown on the plan entitled "25TH STREET PARKING LOT", this plan
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.
28
29
30
31
32
33
Adopted by the Council of the City of Virginia
Beach, Virginia, on the
12 day of October , 1993.
CA-5318
NONCODE\25th. ORD
R-1
October 5, 1993
/C~,,~-APPROVED AS TO CONTENTS
SIGNATURE -
DEPARTMENT
- 25 -
Item IV-ICl.
PUBLIC HEARING
ITEM # 37299
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
.
(a) NEIGHBORHOOD ASSEMBLY OF GOD
CONDITIONAL USE PERMIT
(b) LYNNHAVEN LINCOLN MERCURY, INC.
CONDITIONAL USE PERMIT
(c) BOYS AND GIRLS CLUBS OF SOUTH HAMPTON ROADS CONDITIONAL USE PERMIT
(d) S. FAYE DORCHESTER AND
STANLEY E. WILLIAMSON
VARIANCE
CONDITIONAL USE PERMIT
(e) INDIAN RIVER PLANTATION, INC., INDIAN RIVER
COUNTRY CLUB ESTATES, LP., ROBERT F. RIPLEY AND
THOMAS VANCE
VARIANCE
CHANGE OF ZONING
CONDITIONAL USE PERMIT
(f) INDIAN RIVER PLANTATION, INC., AND
INDL4N RIVER COUNTRY CLUB ESTATES, LP.
CHANGES OF ZONING
October 12, 1993
- 26 -
item IV-K.I.a.
PUBLIC HEARING
ITEM # 37300
PLANNING
J. Gregory Dodd, 164 South George Washington Highway, Phone: 487-4535, represented Horton &
Dodd, P.C., Agents for Neighborhood Assembly of God.
Pastor Kevin Garrnan, 5411 Buzzard Neck Road, Phone: 426-0312
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of NEIGHBORHOOD ASSEMBLY OF GOD, Kevin Garman, Pastor, for
a Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF NEIGHBORHOOD ASSEMBLY
OF GOD, KEVIN GARMAN, PASTOR FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R010931852
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Neighborhood Assembly of God, Kevin
Garman, Pastor, for a Conditional Use Permit, for a church on the east
side of Princess Anne Road, I mile south of Gum Ridge Road. Said
parcel is located at 1196 Princess Anne Road and contains 11.649 acres
PUNGO BOROUGH.
The following conditions shall be required:
.
A detail of the proposed 50 foot buffers on the Northern and
Southern sides of the property must be identified on the plan
submitted during detailed site plan review.
2. A Stormwater Management Plan is required.
.
The front yard setback must be measured from the ultimate
right-of-way line. (An additional 35 feet will be needed for
right-of-way along Princess Anne Road.)
The Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of October, Nineteen
Hundred and Nine~_ - Three.
October 12, 1993
- 27 -
Item IV-IC 1. a.
PUBLIC HEARING
ITEM # 37300 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John ,4. 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. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 1993
- 28 -
Item IV-K.I.b.
PUBLIC HEARING
ITEM # 37301
PLANNING
Randy Royal, Engineering Services, Phone: 468-6800, represented the applicant, and requested the
condition relating to noise level reduction be deleted due to the financial hardship it would place upon
the applicant and the less than effective result it would provide.
LCDR Bryan Murphy, represented NAS Oceana, advised the condition would address the Navy's concern
about the proposed office space and public areas being located in the high noise zone.
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of LYNNHAVEN LINCOLN MERCURY, INC. for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF LYNNHAVEN LINCOLN
MERCURY, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES R010931853
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lynnhaven Lincoln Mercury, Inc for a
Conditional Use Permit for motor vehicle sales on the south side of
Virginia Beach Boulevard, west of South Great Neck Road. Said parcel
is located at 2375 Virginia Beach Boulevard and contains 4.25 acres.
L YNNHA VEN BOROUGH.
The following condition was DELETED:
.
The 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 Twelfth of October, Nineteen
Hundred and NineS_ - Three.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James IV.. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
October 12, 1993
- 29 -
Item I~-K. 1. c.
PUBLIC HEARING
ITEM # 37302
PLANNING
William K. Wright, 6300 Ocean Frong Phone: 422-3800 represented the Boys & Girls Clubs of Hampton
Roads.
LCDR Bryan Murphy, represented NAS Oceana, registered in OPPOSITION and advised the facility lies
in the NAS Oceana Noise Zone 3. Letter of Captain J. W. Craine, Jr., Commanding Officer - Oceana
is hereby made a part of the record.
Upon motion by Councilman Dean, seconded by Councilman Clyburn, City Council ADOPTED an
Ordinance upon application of BOYS & GIRLS CLUBS OF SOUTH HAMPTON ROADS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BOYS & GIRLS CLUBS OF
SOUTH HAMPTON ROADS FOR A CONDITIONAL USE PERMIT FOR
A BINGO HALL R010931854
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtI, VIRGINIA
Ordinance upon application of Boys & Girls Clubs of South Hampton
Roads for a Conditional Use Permit for a bingo hall on the north side of
Lishelle Place, east of Lynnhaven Parkway. Said parcel is located at
2686 Lishelle Place and contains 2 acres. PRINCES ANNE BOROUGH
The following conditions shall be required:
1. An additional ten (10)parking spaces must be provided to meet
the minimum parking requirements for the bingo hall.
2. A detailed site plan review will be required for the additional
parking spaces.
The 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 Twelfth of October, Nineteen
Hundred and Ninety-Three.
October 12, 1993
- 30 -
Item IV-IC 1. c.
PUBLJC HEARING
ITEM # 37302 (Continued)
PLANNING
Voting: 11-0
Council Members l?oting Aye:
John ,4. 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. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Vice Mayor Sessorns DISCLOSED he was a Member of the Board of the Boys and Girls Club, however,
he did not receive compensation. Vice Mayor Sessorns declared he was able to participate in the
transaction fairly, objectively and in the public interest.
Councilman Clyburn DISCLOSED he was a Member of the Board of the Boys Club; however, he did not
receive compensation. Councilman Clyburn declared he was able to participate in the transaction fatrly,
objectively and in the public interest.
October 12, 1993
- 31 -
Item IV-K.I.d.
PUBLIC HEARING
ITEM # 373O3
PLANNING
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant and
advised the number of single-family homes has been reduced to twelve (12); and, therefore the Variance
is not necessary.
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessorns, City Council DENIED the
application of S. FAY DORCHESTER and STANLEY E. WILLIAMSON re property in the Agricultural
Districts at the Southwest intersection of Gum Bridge Road and Charity Neck Road for a Variance to
Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance requiring that lots created by subdivision meet
all requirements of the City Zoning Ordinance and each lot created by subdivision have direct access to
a public street; AND, ADOPTED an Ordinance upon application of S. FAYE DORCHESTER and
STANLEY E. WILLIAMSON for a Conditional Use Permit:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for S. Faye
Dorchester & Stanley E. Williarnson. Property is located at the southwest
intersection of Gum Bridge Road and Charity Neck Road. PUNGO
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF S. FAIRE DORCHESTER &
STANLEY E. WILLIAMSON FOR A CONDITIONAL USE PERMIT FOR
~ 12 SINGLE FAMILY HOMES R010931855
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of S. Faye Dorchester & Stanley E.
Williamson for a Conditional Use Permit for J-8 12 single family homes
on property located at the southwest intersection of Gum Bridge Road
and Charity Neck Road. Said parcel contains 30 acres. PUNGO
BOROUGH.
The following conditions shall be required:
o
A one foot no ingress/egress easement is required along Gum
Bridge and Charity Neck Roads except as depicted on the
submitted development plan.
2. The proposed cul-de-sac entrance shall be developed with a
landscaped median.
3.
A 50' buffer, as described in the Comprehensive Plan, shall be
established along all property lines which adjoin an active
agricultural operation and the required buffers must be planted
prior to occupancy.
Erosion and sediment control measures must be noted and
described for any land disturbances, exceeding 2500 square
feet, on the site development plan.
5. Development of this thirty (30) acre parcel shall be limited to
a total of twelve (12) lots at a rate of two (2) lots per year.
October 12, 1993
- 32 -
Item IV-Ifil. cl.
PUBLIC HEARING
ITEM # 37303 (Continued)
PLANNING
The Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of October. Nineteen
Hundred and NineS_ - Three.
Voting: 7-4
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert IC Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
October 12, 1993
Item IV-K.l.e.
PUBLIC HEARING
PLANNING
ITEM # 37304
Upon motion by Councilman Dean, seconded by Councilman Baum, City Council DEFERRED TO THE
CITY COUNCIL SESSION OF DECEMBER 14, 1993, the Applications of INDIAN RIVER
PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., ROBERT F. RIPLEY and
THOMAS VANCE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots
created by subdivision must meet all requirements of the City Zoning Ordinance, an Ordinances for a
Change of Zoning and a Conditional Use Permit:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Indian River
Plantation, Inc., Indian River Country Club Estates, L.P., Robert F.
Ripley and Thomas Vance. Property is located at the northwest
intersection of Indian River Road and West Neck Road. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS
VANCE AND ROBERT RIPLEY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-40 TO R-20
Ordinance upon application of Indian River Plantation, Inc., Indian River
Country Club Estates, L.P., Thomas Vance and Robert Ripley for a
Change of Zoning District Classification from R-40 Residential District
to R-20 Residential District on the following parcels:
Parcel 1: Located on the north side of Indian River Road beginning at
a point 2300 feet more or less west of West Neck Road.
Parcel 2: Located 1700 feet north of Indian River Road beginning at a
point 1150 feet more or less west of West Neck Road.
Parcel 3: Located on the north side of Indian River Rod beginning at a
point 5800 feet more or less west of West Neck Road.
The proposed zoning classification change to R-20 is for single family
residential land use at a density no greater than 1.7 dwelling units per
acre. The Comprehensive Plan recommends use of this parcel for
agricultural land use. Said parcels contain 98.8 acres. PRINCESS ANNE
BOROUGH.
October 12, 1993
- 34 -
Item IV-ICl. e.
PUBLIC HEARING
PLANNING
ITEM # 37304 (Continued)
AND,
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., ROBERT F.
RIPLEY AND THOMAS VANCE FOR A CONDITIONAL USE PERMIT
FOR AN OPEN SPACE PROMOTION
Ordinance upon application of Indian River Plantation, Inc., Indian River
Country Club Estates, L.P., Robert F. Ripley and Thomas Vance .for a
Conditional Use Permit for an Open Space Promotion on certain
property located at the northwest intersection of Indian River Road and
West Neck Road. Said parcel contains 279.2 acres. PRINCESS ANNE
BOROUGH.
Voting: 10-1
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, Mayor
Meyera E. Oberndorf, Nancy IC Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
Items IV-ICI. e. and ICl.f. were voted upon together.
October 12, 1993
Item IV-K 1.f.
PUBLIC HEARING
ITEM # 37304 (Continued)
PLANNING
Upon motion by Councilman Dean, seconded by Councilman Baum, City Council DEFERRED TO THE
CITY COUNCIL SESSION OF DECEMBER 14, 1993, Ordinances upon application of lNDIAN RIVER
PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Change of Zoning
District Classifications.
ORDINANCES UPON APPLICATION OF INDIAN RIVER
PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES,
L.P., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 TO R-20
Ordinance upon application of Indian River Plantation, Inc., and Indian
River Country Club Estates, L.P., for a Change of Zoning District
Classification from AG-1 Agricultural District to R-20 Residential
District on the following parcels:
Parcel 1: Located 650 feet north of Indian River Road beginning at a
point 600 feet more or less west of West Neck Road.
Parcel 2: Located 1400 feet north of Indian River Road beginning at a
point 1200 feet more or less west of West Neck Road.
Parcel 3: Located 1000 feet north of Indian River Road beginning at a
point 2100 feet more or less west of West Neck Road.
Parcel 4: Located 600 feet north of Indian River Road beginning at a
point 2800 feet more or less west of West Neck Road.
Parcel 5: Located 1360 feet north of Indian River Road beginning at a
point 5050 feet more or less west of West Neck Road.
The proposed zoning classification change to R-20 is for single family
residential use at a density no greater than 1.7 dwelling units per acre.
The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contain 63.3 acres. PRINCESS ANNE
BOROUGH.
AND,
October 12, 1993
- 36 -
Item IV-K.I.f
PUBLIC HEARING
PLANNING
ITEM # 37304 (Continued)
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC. AND INDIAN RIVER COUNTRY CLUB ESTATES~ L.P., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
R-20
Ordinance upon application of Indian River Plantation and Indian River
Country Club Estates, L.P., for a Change of Zoning District
Classification from AG-2 Agricultural District to R-20 Residential
District on the following parcels:
Parcel 1: Located at the northwest intersection of Indian River Road and
West Neck Road.
Parcel 2: Located 1200 feet North of Indian River Road beginning at a
point 1650 feet more or less West of West Neck Road.
Parcel 3: located 2880 feet more or less West of the intersection of
Indian River Road and West Neck Road.
Parcel 4: Located 680 feet North of Indian River Road beginning at a
point 2750 feet more or less West of West Neck Road.
Parcel 5: Located 2400 feet more or less North of Indian River Road
beginning at a point 3400 feet more or less West of West Neck Road.
Parcel 6: Located 1250 feet North of Indian River Road beginning at a
point 3800 feet more or less West of West Neck Road.
Parcel 7: Located 1350 feet North of Indian River Road beginning at a
point 5320 feet West of West Neck Road
The proposed zoning classification change to R-20 is for single family
residential land use at a density no greater than 1.7 dwelling units per
acre. The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contain 117.1 acres. PRINCESS
ANNE BOROUGH.
October 12, 1993
- 37 -
Item 1F-K.l.f.
PUBLIC HEARING
ITEM # 37304 (Continued)
PLANNING
Voting: 10-1
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, Mayor
Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
Items IV-K. 1. e. and I~ l.f were voted upon together.
October 12, 1993
- 38 -
Item IV-L.
APPOINTMENTS
ITEM # 37305
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS AIR POLLUTION DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
TRANSPORTATION SAFETY COMMISSION
October 12, 1993
- 39 -
Item Ig-M. 1.
UNFINISHED BUSINESS
ITEM # 373O6
Councilman Baum requested discussion of the drainage for the Pine Ridge project be SCHEDULED for
the City Council Session of October 26, 1993. The Environmental Protection Agency is advising the
project cannot be continued because of a sensitive environmental species of flower.
October 12, 1993
Item IV-M. 2.
UNFINISHED BUSINESS
ITEM # 37307
Councilman Moss referenced the COMMUNITY ORGANIZATION INCENTIVE GRANTS (COIG)
proposal and requested City Council review. Councilman Moss requested the City Council, by Resolution,
advise their approval so they may proceed during the first meeting in November.
Mayor Oberndorf expressed appreciation to the COIG Committee and especially to Councilmen Dean
and Moss for their leadership as Liaisons of City Council.
October 12, 1993
Item IV-O.
ADJOURNMENT
ITEM # 37308
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:35 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
William D. Sessoms, Jr.
Vice Mayor
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 12, 1993
Mrs. Ruth Hodges Smith -2- October 12, 1993
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
e
The City Attorney has advised me that as a City employee, I am a member of
a group, i.e., all fuR-time and part-time permanent City employees, the
members of which are affected by the transaction.
0
I wish to disclose this interest and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
PJL/clb
Enclosure
Sincerely,
Paul J. ~igne
Councilman
City of Virginia t3eaeh
[ESLIE L LILLEY
( '"', ATTORNEY
October 12, 1993
MUNICIPAL CENTER
VIRG~NI,~ BEACF~ VA 23456 9004
(804) 427 153'
FAX (804) 426 568?
Councilman Paul J. Lanteigne
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Lanteigne:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on an ordinance to appropriate funds in
the amount of $1,720,111 from the General Fund balance and $114,202 from the Water and
Sewer Fund retained earnings for the employee Gainsharing Program, the Productivity
Improvements Program, and the Workplace Enhancements Program. The ordinance is
scheduled for the October 12, 1993, meeting of the Council.
SUMMARY CONCLUSION:
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transactions before a public body,
you do not have a personal interest in the transaction as defined by the Act. Thus, you are
permitted to participate in this matter without restriction. Notwithstanding this conclusion,
I have previously advised you by letter of July 2, 1990, to follow the dictates of the Act in
cases in which you will realize a reasonably foreseeable direct or indirect benefit or
detriment.
The facts herein indicate that it is reasonably foreseeable that you may realize a
financial benefit or detriment, depending upon the decision made by the Council with respect
to the ordinance. Therefore, it is my advice that you follow the dictates of the Act. Based
on the fact that you are a member of a group which is affected by the transaction, i.e., all
City employees, the Act provides that you may participate in the discussion and vote on the
ordinance upon disclosure and a determination by you that you can participate fairly,
Councilman Paul J. Lanteigne -2- October 12, 1993
Re: Request for Conflict of Interests Act Opinion
objectively, and in the public interest. For your information I have outlined the disclosure
requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and
vote; I have also set forth the applicable provisions for abstention set forth in § 2.1-
639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opinion if they are correct and complete.
FACTS PRESENTED;
Your request for an advisory opinion is generated by the City Council discussion and
vote on an ordinance to appropriate funds in the amount of $1,720,111 from the General
Fund balance and $114,202 from the Water and Sewer Fund retained earnings for the
employee Gainsharing Program, the Productivity Improvements Program, and the Workplace
Enhancements Program. If the ordinance is adopted, the City will implement a Gainsharing
Policy pursuant to which all full-time and part-time permanent employees will be eligible to
receive gainsharing checks. You advise that your concern with respect to the transaction is
that you are currently employed by the City of Virginia Beach as a police officer, earning
a salary in excess of $10,000.00, and as a full-time permanent City employee, you would
be eligible to receive a gainsharing check pursuant to the proposed Gainsharing Policy. You
also are a Council member of the City of Virginia Beach, earning a salary in excess of
$10,000.00.
ISSUE;
Are you precluded from participating in the City Council discussion and vote on an
ordinance to appropriate funds in the amount of $1,720,111 from the General Fund balance
and $114,202 from the Water and Sewer Fund retained earnings for the employee
Gainsharing Program, the Productivity Improvements Program, and the Workplace
Enhancements Program?
DISCUSSION:
I. Applicable D~finitions of 82.1-639.2:
A. The City Council as the legislative branch of local government is a
"governmental agency" under the Act.
I
Councilman Paul J. Lanteigne
-3-
Re: Request for Conflict of Interests Act Opinion
October 12, 1993
Be
of the Act.
As an elected governmental official, you axe an "officer" within the meaning
C. As an employee of the City, you and your wife axe also "employees" within the
meaning of the Act.
D. City Council' s discussion and vote on the proposed ordinance is a "transaction'
as defined by the Act. A ~transaction' includes any matters considered by any governmental
agency on which official action is taken or contemplated.
E. "Business" is defined as a corporation, partnership, sole proprietorship, firm,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neither the City nor the City
Council falls within the definition of a "business" under the Act.
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3 % of the total equity of the business 2) annual income from ownership in
real or personal property or a business in excess of $10,000.00 3) salary from the use of
property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or
personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in
a business, or salary 5) personal liability incurred or assumed on behalf of a business, which
exceeds 3 % of the asset value of the l~usiness. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
(Emphasis added).
II. Application of D~fufitions:
A. P~r$0nal Interest
Based upon my review of the facts presented, you do not have a "personal interest~
as defined above, because you do not receive a salary from a "business." Instead, your
I
Councilman Paul J. Lanteigne
-4-
Re: Request for Conflict of Interests Act Opinion
October 12, 1993
salary is paid by the City of Virginia Beach, which is classified under the Act as a
governmental agency.
B. Personal Interest in the Transaction
You do not have a 'personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction' under the definition of the Conflict of Interests Act.
m. Prohibitions and Disclosure Reqljiremen~s
Based on the conclusion that you have do not have a personal interest in the Council's
discussion and vote on the proposed ordinance, it is my opinion that you are permitted to
participate in the discussion of the City Council and vote on this item. As indicated in my
letter to you dated July 2, 1990, the Conflict of Interests Act does not anticipate the personal
interests of a legislator-employee regarding transactions before the public body. However,
while you do not have a personal interest as defined by the Act, I advised that you follow
the dictates of the Act in cases where you personally will realize a financial benefit or
detriment as an employee of the City.
Council's discussion and vote on the proposed ordinance could foreseeably result in
a financial benefit or detriment to you since, as a full-time permanent City employee, you
would be eligible to receive a gainsharing check. Thus, it is my advice that you follow the
dictates of the Act. Based on the fact that you are a member of a group which is affected
by the transaction, i.e., all full-time and part-time permanent City employees, the Act
provides that you may participate in the discussion and vote on the proposed ordinance upon
disclosure and a determination by you that you can participate fairly, objectively, and in the
public interest. (See § 2.1-639.11(A)(2)). In the alternative, you may choose to abstain
from voting and disclose any interest. Either of these may diffuse any perception problems
that may arise. (See § 2.1-639.14(E)).
Enclosed please find a written declaration form, should you decide to declare your
interest. This disclosure form is based on § 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the written minutes of the
City Council, or you may file a signed written declaration with the Clerk of City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
I
Councilman Paul J. Lanteigne
-5-
Re: Request for Conflict of Interests Act Opinion
October 12, 1993
If you should desire to abstain from voting, § 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of influences upon a public officer's
or employee's judgment which are clearly improper. The law cannot, however, protect
against all appearances of improper influence. In that respect the Act places the burden on
the individual officer to evaluate whether the facts presented would present an appearance
of impropriety which is unacceptable or which would affect the confidence of the public in
the officer's ability to be impartial.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lill~
City Attorney
LLL/RMB/clb
Enclosures
315 OCCUPANCY AND ITS USE OR OCCUPANCY IS PROHIBITED". Upon the
316
317
318
posting of such placard, it shall be a violation of this section
for any person to enter upon or in such building or structure
except with the written authorization of the code administrator for
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
purposes of making required repairs, demolition, or inspection.
(e) (1) In the event the owner of a building or structure
who has been served with the notice provided for in
subsection (c) hereof shall fail to comply with the
terms of such notice within the time specified
therein, the code administrator shall be authorized
to close or secure the building or structure
through available means, or to order the building
or structure, or portion thereof, to be demolished
and the debris removed, at the cost of the owner.
Such cost shall include an administrative fee in
the amount of one hundred dollars ($100.00). No
building or structure, or portion thereof, shall be
demolished by order of the code administrator
unless such building or structure, or portion
thereof, is unsafe or structurally unsound.
(2) Except in cases in which the condition of a
building or structure presents an imminent danger
to health or safety, no building or structure, or
any portion thereof, shall be demolished upon order
of the code administrator unless notice of such
order is given to the owner, no less than five (5)
days prior to the date of demolition, in the manner
provided for in subsection (c) hereof. In the
event the owner or his address is unknown, notice
of the order shall be by publication in a newspaper
of general circulation in the city once per week
for two consecutive weeks and, in addition thereto,
shall be mailed to all holders of current mortqages
or deeds of trust upon the property as shown by the
records of the Clerk of the Circuit Court. The
10
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
Seo. 8-153. *
...... ~ pas In~
~ ........ raquls~tc cxami ........ ~vcn by
~AA~ ~ ~~ ~AA~ ~ ~ ~AA~ ~AA~ ~ V~ ~ ~ ~~1 ~A&
ity bu
Seo 8 154 m .... . .......
No certificate of competency
It :hall bc th~ ~"~" ~
Bec.
a~ainst cach ocrtificatc ~'~,,~~ who '-'~.~,,~ to obta~.~ ~- dupl:catc of
Seco ~.°-~=~ m .... ~ -~-~
Unless othor~'ise prov~ by
Sec. 8-158. ~" '~
&~ v V~ ~V&A ·
~" ocrtificat~~ ..... ~ ......... ~"~ ...... ~ ...... ~"
~,,~
~ ..... ~ ......... :rig~z thc d~v~c~on that thc hold~
24