FEBRUARY 24, 1998 MINUTES
it
I,WORLD'S LARGEST RESORT CTTV
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
I I 11 11 I ill li@IIINI
JAMES K. SPORE, City Manager CITY COUNCIL AGENDA
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
February 24, 1998
I. PRESENTATIONS - Conference Room - 2:30 PM
A. UNIFORMITY OF TAXES
Philip Kellam, Commissioner of Revenue
B. SCHOOLS HUMAN RESOURCE/PAYROLL MANAGEMENT SYSTEM
Dr. Timothy Jenney, Superintendent of Schools
C. 1998/1999 REAL ESTATE ASSESSMENTS
Jerald Banagan, Real Estate Assessments
II. CITY MANAGER'S BRIEFINGS
A. MINORITY BUSINESS COUNCIL
Patricia Phillips, Director of Finance
B. PUBLIC INVESTMENT PROTECTION STRATEGY
Robert J. Scott, Director of Planning
III. GENERAL ASSEMBLY ACTIONS
IV. REVIEW OF AGENDA ITEMS
V. CITY COUNCIL CONCERNS
VI. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor Meyera F. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VII. FORMAL SESSION Council ('hamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Randy Orwig
The New Tidewater United Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS February 10, 1998
2. SPECIAL FORMAL SESSION February 17, 1998
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
I. ORDINANCES
1. Ordinances to AMEND the City Code
a. Section 2-43 by ADDING a new provision re decorum, order and expressive
activities at meetings of City Council
b. Sections 35-136, 35-137, 35-138, 35-139, 35-140, 35-141, 35-143, 35-144, 35-145,
35-146; and, ADD Sections 35-138.1 and 15-143.1 to promote regional uniformity
re administration of the meal tax.
2. Ordinance to authorize creation of a Schools Health Insurance Premium Special Revenue
Fund; APPROPRIATE $282,761 Trigon Blue Cross/Blue Shield demutualization funds
re offsetting health insurance premium expenses incurred by or on behalf of present and
future employees of the School Division; and, revenues from settlements and interest on
bank deposits be increased accordingly.
3. Ordinance to ACCEPT and APPROPRIATE a $18,237 Grant from the Commonwealth of
Virginia, Department of Health, Office of Emergency Medical Services to the FY 1997-1998
Operating Budget of the Fire Department re purchase of automatic external defibrillators;
and, estimated revenue from the Commonwealth of Virginia be increased accordingly.
4. Ordinance to ACCEPT and APPROPRIATE a $10,000 Donation from the Lou Duva
Foundation to the FY 1997-1998 Operating Budget of the Department of Parks and
Recreation re purchase of microcomputers and other equipment for the Seatack
Community Recreation Center.
5. Ordinance appointing viewers in the petition of WELDON T. and GERTRUDE A.
BYRNS for the closure of a portion of excess unimproved, unused, unnamed right-of-way
on the North side of Site 3A, Resubdivision of Site 2 & 3, property of Norman P. Scott
(KEMPSVILLE BOROUGH).
6. License Refunds - $36,171.41.
J. PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Application of GEORGE NEWSOME LUXURY HOMES L.L.C., for a variance to
Section 4.4(b) of the Subdivision Ordiance which requires that lots created by subdivision
must meet all requirements of the City Zoning Ordinance and a variance to Section 4.4(d)
which requires that each lot created shall have direct access to a public street at the
Southeastern extremity of Collins Lane (LYNNHAVEN BOROUGH)
Recommendation APPROVAL
2. Application of MARK KING for a variance to Section 4.4(b) of the Subdivision Ordinance
which requires that all lots created by subdivision meet all requirements of the City Zoning
Ordinance at 625 Heron Point Circle (KEMPSVILL.E BOROUGH).
Recommendation APPROVAL
3. Application of KENNETH R. SIMS, c/o Custom Store Co., Inc., for a Conditional Use
Permit for a contractor's storage yard at the Southeast corner of Central Drive and Quality
Court on Parcel 43, London Bridge Industrial Park II, containing 9.911 acres (PRINCESS
ANNEBOROUGH).
Recommendation@ APPROVAL
4. Application of TALC ASSOCIATES, INC., for a Conditional Use Permit for a self-storage
facility on the North side of Newtown Road, East of Lynbrook Landing (875 Newtown
Road), containing 21,649.32 square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
5. Application of SPRINT, P.C.S., for a Conditional Use Permit for a wireless communication
cell tower on the West side of Princess Anne Road, South of Providence Road (4422
Princess Anne Road), containing 4.487 acres (KEMPSVILLE BOROUGH).
Recommendation APPROVAL
6. Application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit for
a co-locate wireless communication antenna at the Southeastern intersection of South
Rosemont Road and Dam Neck Road, containing 2.154 acres (PRFNCESS AN-NE
BOROUGH)
Recommendation APPROVAL
7. Application of ENTERPRISE RENT A CAR/LEASING COMPANY OF
NORFOLK/RICHMOND for a Conditional Use Permit for automobile rentals on the South
side of Virginia Beach Boulevard, West of Cleveland Avenue (5329 Virginia Beach
Boulevard), containing 27,673.66 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
8. Application of TO-GO-INC., for a Conditional Use Permit for motor vehicle rentals (U-
Haul) at the Northeast intersection of Virginia Beach Boulevard and Newtown Road (5650
Virginia Beach Boulevard), containing 1.015 acres (BAYSIDE BOROUGH).
Recommendation APPROVAL
9. Ordinances of the City of Virginia Beach re Code of Virginia Section 15.2:
a. AMEND the preamble of the Subdivision Ordinance.
b. AMEND the preamble and Sections 102(6), 105(d)(e)(1), 106(a)(b), and 107(c) of
the City Zoning Ordinance.
C. AMEND the Chesapeake Bay Preservation Area Ordinance re Sections 110, 110(b)
and 114(c).
Recommendations APPROVAL
K. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
YOUTH SERVICES COORDINATING COUNCIL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
NOTE: The City Clerk's Office has been designated "PASSPORT AGENT".
Applications will be processed by the City Clerk for issuance by the Secretary of State
within 25 days. Passport photos will be required before processing.
FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
EVENT DATE TIME PLACE
Budget & CIP Presentation Tuesday, March 31 Noon Council Chamber
(Special Meeting)
Council Workshop Thursday, April 2 1:00 PM - 5:OO PM Conference Room
Council Workshop Tuesday, April 7 10:00 AM - Noon Conference Room
Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room
Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School
Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room
Council Workshop Tuesday, April 28 2:00 PM - 4:00 PM Conference Room
Public Hearing Tuesday, April 28 6:00 PM City Council Chamber
Election Day - No Council Meeting Tuesday, May 5
Reconciliation Workshop Wednesday, May 6 3:00 PM - 5:00 PM Conference Room
Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 4274305
(TDD - Telephonic Device foi the I)ea!)
02/20/98BAP
7-NDA\02- 24-98.PLN
@.virginia-beach.va.us
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach Virginia
February 24, 1998
Mayor Meyera E. Oberndorf called to order the PRESENTATION SESSION in the Council Conference
Room, City Hall Building, on February 24, 1998, at 2:30 P.M.
('ouncil Members Present.
John A. Baum, Harold Heischober, Barbara A4. Henley, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E Oberntiorl, Nancy K.
Parker and Vice Afa-vor William D. Sevsom,@
('ouncil Members Absent.
Linwood 0. Branch, II/ [ILL WI771 @ l@
William W Harrison, li IEIVTFREI) ?.401@,M.]
Louisa M. .5trayhorii [EN7EREI) ?45PAl,l
PRESENTATION
UNIFORMITY OF TAXES
2:30 P.M.
ITEM # 43256
Philip Kellam, Commissioner of Revenue, advised the Commissioner's of cities of Hampton Roads, have
reached a quorum relative providing relief to owners of businesses in various localities throughout Virginia.
A uniformed meal tax has been proposed. This should be a great convenience to restaurant owners
throughout the area who will not have to deal with the different provincial regulations. This is a revenue
neutral proposal for the Virginia Beach City Council. Former Commissioner Robert Vaughan signed
acceptance of this proposal in December 1997. This is, in effect, a "rubber stamp" of what the City has
been doing for the last several years.
All of the meal taxes for the various localities are in the 4-1/2% to 5% range. Virginia Beach is at the lower
end of this spectrum at 4-1/2%. This meal tax is combined with the state sales tax in Virginia Beach. The
smaller business will not be inconvenienced by this tax. It will also remove a layer for the larger businesses.
Concerning the guidelines, Commissioner Kellam quoted lines 155 thru 159 of the proposed ordinance. "An
amount or percent whether designated as a gratuity, tip or service charge, that is added to the price of the
food and beverages by the seller, and required to be paid by the purchaser, is a part of the selling price of
the food and beverages and is subject to the tax imposed by this article." It is a bit legalistic but precise.
If the gratuity is at the pure discretion of the purchaser, it is not taxable; but, it it is a price set by the seller
or negotiated to a revised price that is fixed between the seller and the buyer than it is taxable.
The Virginia Beach Commissioner of the Revenue's office has had in place administrative guidelines that
are very similar to the provisions of the uniform ordinance. However, now all of those guidelines will be
established in the City Code. The major changes include new definitions, a comprehensive list of exemptions
and reworked penalty sections. Basically this would be codifying administrative procedure. The State Tax
Commissioner has issued an opinion that this is the way he wants his employees to handle the State Tax.
PRESENTATION
SCHOOLS HUMAN RESOURCE/PAYROLL MANAGEMENT SYSTEM
2:48 P.M.
ITEM # 43257
Dr. Timothy Jenney, Superintendent of Schools, advised the Payroll Management System is a major issue
deriving from the 1994-95 deficit. Of the approximate 24 items identified by the Auditor, KPMG Peat
Marwick, all have been resolved with the exception of this payroll management item.
Vicky Lewis, Division Chief Financial Officer, advised while the FY 1994-95 budget deficit is now a painful
memory. This School System has taken many lessons to heart to ensure there is never a reoccurrence. One
powerful lesson was underscored by the Grand Jury Report on page 23 which states "An integrated position
control system linking budget, personnel and payroll should be purchased." With City Council's support,
the citizens can be assured that 86% of the Divisions's funds which are related to personnel costs are,
properly monitored and controlled. The Human Resources/Payroll System is a necessity for effective,
financial management. Human Resources utilizes a database, which is separate and distinct from the
database used in the processing of payroll, reflecting actual expenditures of the School Division. A match-up
is performed 3 times a year on the data in these separate databases - the 12 month employees are matched
in July, the 11-month employees are matched in August and the 10-month employees are matched in
September. Any change made to a 12-month employee after the July match-up is not verified during the 11-
month or 10-month match up. The 11 and 12 month employee match up consumes all employees in the
Human Resources and Payroll Departments for at least one day, and the 10-month employee match-up can
consume the entire staff in these departments for up to a week. A mid-year increase requires a second match
up and consumes more time from both of these departments. During the match-up periods, very little other
work can be performed within these departments. An integrated Human Resources/Payroll system will
eliminate the need to perform match-up since both the Human Resources and Payroll systems would be
working off the same data base. Any changes to the Human Resources database, which affects base salaries,
supplements or allowances, requires a piece of paper to be generated in Human Resources, transferred to
the Payroll Department and re-entered into the Payroll database. The school system maintains data on over
9,500 employees in 15 different systems within the Human Resources Department which tracks information
such as approved substitutes, licensure, staff development, blood-borne pathogens and other data which must
be tracked and monitored in order for the division to comply with State and Federal requirements. Many of
these systems are stand-alone and do not fully integrate with the database or are completely separate
databases which also must be maintained and and periodically matched to the master database. The School
system must track endorsements, certifications and exposure to blood-borne pathogens, licenses and other
requirements unique to education., Employee history cannot be maintained in the current software and,
therefore, is maintained on 3 x 5 color-coded index cards that must be manually maintained. The Human
Resource database can only maintain current information and the accuracy of the information in many cases
is entirely dependent on the system and sometimes the individual from whom the information is obtained.
These islands of information, and people-dependent, not process dependent, systems reduce the ability of
the Division to respond in a timely fashion to requests from employees, management and the Board. The
largest public employer in Hampton Roads should not depend on a manual process. While the Human
Resource system maintains information on 9,500 employees, each payroll run compensates up to 11,000
employees such as part-time clerical and substitutes who are not maintained in the Human Resource
database. The School Division and the City used a common Payroll system until 1989 when the City
developed their current system. The system replaced by the City in 1989 is still in use by the school system
today and is close to 20 years old. The school's payroll system does not maintain any employee history;
therefore, information neeeded for management decisons must be gathered from voluminous computer
printouts. Duplicate paper files must be maintained in Payroll and Human Resources on all transactions that
affect the compensation of employees. The lack of integration between these systems makes it possible for
an employee to be paid from the payroll system without proper authorization from the Human Resources
Department. In order to properly manage the School funds, a unified, comprehensive method of tracking full-
time and part-time employees, as well as substitutes, overtime and special duty supplements must exist. An
integrated system would allow the Division to institute automated controls, eliminate dependency on specific
individuals in positions and shifting reliance to processes, not people. An integrated system would have an
impact on every process currently performed in both Human Resources and Payroll and would enable the
Division to accommodate future growth without requiring significant increases in staff. Lack of integration
of the Human Resources and Payroll systems results in reports generated from each of these systems which
do not match and make management decisions cumbersome and difficult to make. Excessive manpower must
be utilized to extract relevant pieces of data from separate systems in order to provide adequate information
from which to make decisions.
Pebruan, 24, @ 99A
4
PRESENTATION
SCHOOLS HUMAN RESOURCE/PAYROLL MANAGEMENT SYSTEM
ITEM # 43257 (Continued
An integrated system will provide information such as historical overtime rates from which to build budgets.
It will ensure that all substitutes are matched to leave for employees and that all teaching positions are
properly matched with certifications and endorsements.
High-level process analysis has been performed by Deloitte and Touche, one of the leading consulting firms
in the country. The Division, with the assistance and guidance of Deloitte and Touche, has identified the
needs and major priorities for an integrated system. The majority of the hardware required for a new system
has already been purchased for the implementation of the City's new Financial Management System. Even
more fortuitious than all of these, is the fact that additional unanticipated funds in excess of $5.5-MILLION
are available to the School Division from additioanl Federal Impact Aid Funds, Department of Defense
funds and an unanticipated settlement from Trigon Blue Cross/Blue Shield. All of these funds are clearly
intended for the School Division and the allocation of these funds for the purchase and implementation of
an integrated system are appropriate for one-time expense. The School Division is requesting, due to this
unique set of circumstances and the clearly identified need, the City Council appropriate to the Division the
additional Federal Revenue as well as the unanticipated settlement funds from Trigon Blue Cross/Blue
Shield to the Administration, Attendance and Health Category, and approve a transfer from the
Instruction Category to the Administration, attendance and Health Category to fund the purchase and
implementation of an integrated system. An integrated system will increase the division's ability to monitor,
control and account for over 87% of its budget and maximize the use of the limited resources provided for
the education of the children of the taxpayers of Virginia Beach.
VIRGINIA BEACH CITY PUBLIC SCHOOLS
HUMAN RESOURCES/PAYROLL SYSTEM IMPLEMENTATION
PRELIMINARY COST ESTIMATES
Implementation Cost Preliminary Cost Estimate Estimated Percentage
Category Ranges of Total Cost
Software:
--Application 900,000 1,300,000 24%
--Database 200,000 400,000 6%
Integration Services 2,000,000 3,750,000 60%
Training 250,000 350,000 7%
Server Hardware 100,000 150,000 3%
3,450,000 5,950,000 100%
Mrs. Lewis advised discussions with consultants indicate school system payrolls are more complex
and their Human Resource needs are more restrictive than municipal requirements. In all liklihood,
anything that is able to handle a School Division HR/Payroll function will also be able to handle a
municipal HR/Payroll function. There are two individuals on the Committee for the RFP who are City
employees. The City currently has an integrated system that functions well. The City can hold off longer than
the School Division, as the Schools presently have a system that does not function.
The desire is to have the most critical functins come on line within a year with the balance later if resources
have to be reallocated. After speaking to Fairfax, the majority of their system will be on line within ten
months of commencement. Fairfax's RFP was utilized as a guide for Virginia Beach's School Division's
RFP. Fairfax has many people within their organization to dedicate to this process and have almost a $5-
MILLION budget for their implementation. There are a limited number of vendors who can respond to this
request. All of the desk top units required have been acquired. The School Division is aware they need to go
client-server and have an oracle data base as this is in existence in the City's financial system.
The City Manager and staff are suggesting the system acquisition be delayed until the year 2000 and that
it be a joint City/School project. The City's Payroll System could be modified for $75,000 to accommodate
the Schools. However, this does not include modification of the Human Resources System which is more
complex.
February 24, 1998
5
PRESENTATION
SCHOOLS HUMAN RESOURCE/PAYROLL MANAGEMENT SYSTEM
ITEM # 43257 (Continued)
Mrs. Lewis advised an RFP could be issued in approximately 4 weeks. A rough draft of this RFP has been
distributed to City Council.
Neil L. Rose, School Board Member, advised as an Attorney, he has compiled RFP'a. If the RFP is
distributed with authorization from the City Council for the funding, five or six vendors will respond. Mr.
Rose's concern is if the authorization for the funding is not provided in advance, one or two vendors will be
lost, as they will not enter a bid as they are not sure authorization from the City Council would be received.
The pool of vendors has shrunk. The vendors would not feel it wise to expend $50,000 to $100,000 to bid.
The cost estimate sheet displayed a range of $3.5 to $6-MILLION. Mr. Rose's theory is the more bidders
the more likely the cost will be in the lower $3.5-MILLION range.
Mrs. Lewis advised the City was involved with the Human Resource and Payroll analysis conducted by
Deloitte & Touche in July. Analysis of the processes was accomplished first through the consolidation and
second through the Deloitte & Touche study. Before the finalization of the RFP, a meeting was conducted
with James Spore, Patricia Phillips, Fagan Stackhouse and the similar School department staff to be
assured this RFP addressed whatever needs the City departments believed necessary. Therefore, the desire
all along has been to purchase a system that will function for both entities. Whether the City and School
choose to go on the system at the same time is irrelevant to the fct that a system that both organizations
could utilize is desired. The City probably will be examining a new HR Payroll system within the next few
years anyway. The School Division, however, is 8 years behind the curve of the City. The savings will come
in moving from a non-integrated system that allows the school system personnel to be more efficient and
effective in their daily task.
The City Manager advised one of the options would be for the City to be a proposer on this system
development whenever the RFP is forwarded. It has been expressed to him several times that whatever
system purchased should meet the City's needs as well as the School's needs.
Mrs. Lewis advised the idea discussed was to have the Human Resources side completely integrated first and
then bring payroll in second. Payroll is going to have to do two interfaces: one with the existing financial
management system; and, the second with the new financial management. Mrs. Lewis's staff consists of 4
Budget Personnel, 4 Accounting Personnel, and 8 Payroll Personnel. There are 28 staff members in the
Human Resources Department. These manage 9500 full time employees and 2-to 3,000 part-time
employees, substitutes and other miscellaneous payments through payroll.
City Council expresved concern relative a decision made now might be ahead of time and would have a
serious or negative impact on the School's budget. It appears to be more appropriate to deal with this in the
normal budget and CIP process. Securing, the best RFP was also a concern if the funds were allocated
prior to the RFP process.
The Revolutions adopted by the School Board on February 17, 1998, and on January 6, 1998, seemed to
coordinate the purchase to consolidating the City's and Schools' payrolls.
A Resolution supporting consolidation of accounts payable and
payroll of the School Division and the City and Directing the
Superintendent to consult with the City Manager and determine
the willingness of the City to join in this effort.
A request to the Virginia Beach City Council to appropriate
certain funds.
Said resolutions are hereby made a part at the record.
City Council requested an analysis be provided relative consolidation of the City and schools' payroll.
Mr. Rose advised if City Council approves the HR system, they are not approving consolidation. However,
the point of the Resolution was the Schools cannot move forward on consolidation until an HR system is
available.
Februatl, -14, 1998
6
PRESENTATION
SCHOOLS HUMAN RESOURCE/PAYROLL MANAGEMENT SYSTEM
ITEM # 43257 (Continued)
BY CONSENSUS, this issue shall be examined within the School Budget and Capital Improvement Program
process. This would be considered as one of those items eligible for surplus funds.
Mr. Rose advised the Superintendent submitted the FY 1998-1999 Budget Proposal, comprising $432-
MILLION, which did not include this Human Resource/Payroll Management System item. The Capital
Improvement Budget has been forwarded to the City and if this was thought to be a capital item, the CIP
would have to be modified.
Patricia Phillips, Director of Finance, clarified it was her understanding the direction of City Council is that
during the budget process, funds will be appropriated for the system at whatever level is ultimately
determined. The Budget would be adopted on May 12, 1998. The source of the CIP project would be year
end funds; therefore, not impacting the current year revenue for 1999. The ordinance could be phrased
indicating the appropriation is available right away and not wait until the August close-out.
The City Manager advised the list for utilization of these surplus funds should be examined. There are
approximately 4 or 5 weeks, to develop the RFP with thirty days for response and 2 weeks for evaluation.
This would be May 15, 1998. By that time, priorities will have been determined and this would not be
delayed.
Mayor Oberndorf expressed appreciation to Dr. Jenney, Mrs. Lewis and Mr. Rose for their presentation and
responses to Council's concerns.
I@'ebruary 24, 1998
7
PRESENTATION
1998/1999 REAL ESTATE ASSESSMENTS
4:35 P.M
ITEM # 43258
Jerald Banagan, Real Estate Assessor, advised all major categories of the City's real estate is stable.
Appreciation is fairly modest. The growth is at a level near to last year. The projected total assessment is
$19,751,515,000 which represents a 4.0% increase over the current assessment. Each penny of tax rate
relates to $1,898,000 in revenue for a total of $240,968,000 at the current rate of $1.22. Appreciation on
average was 2.7%, which is slightly less than last year of 3.11%. Commercial properties, on average, were
approximately 2.6%, with residential properties an average of 3%. There was a negative on the average for
apartments. New construction for the past 12 months amounted to $285,000,000, which is a decrease of
4.5% from the previous year. Residential new construction was down by 1.2% and commercial/industrial
new construction was down by 12.8%. Residential new construction amounted to 75% of the total yearly
construction, while commercial/industrial represented 25%. Growth in land, due to rezonings and
subdivision, amounted to approximately $38,030,000. Total growth in land and buildings amounts to
approximately 1.6% of the tax base. Residential, apartment and agriculture properties comprise 81.8%
of the tax base with commercial and industrial properties constituting 18.2% of the tax base. The
percentage is unchanged from the current year. Mean assessments on single family homes is $135,400,
which has increased 4% for $5,000.
RESIDENCES
TYPE NUMBER PERCENT MEDIAN MEAN CHANGE IN
OF ASSESSMENT ASSESSMENT MEAN
TOTAL
Single Family 88,630 72.2% 108,300 135,400 3.9%
Townhouse 19,160 15.6% 64,400 67,800 2.6%
Low Rise 11,542 9.4% 69,400 88,300 3.7%
Condominium
High Rise 1,641 1.3% 125,000 128,600 3.8%
Condominium
Duplex/Home 1,808 1.5% 123,600 155,000 2.5%
with
Apartments**
All 122,781 100 % 97,100 120,600 3.9%
In addition to residences, there are 25,689 apartment units in multifamily complexes.
**Rounded to nearest $100
The townhouses and condominiums actually lost value in the 1992 to 1995 years. However, in general the
properties are now fairly stable.
22% of the housing stock is assessed at less than $75,000. The major category is $75,000 to $150, 000. which
comprises 58% of the housing stock. 20% of the housing stock is over $150.000.
Fehruarl, 24, 1998
8
PRESENTATION
1998/1999 REAL ESTATE ASSESSMENTS
ITEM # 43258 (Continued)
RESIDENCES BY YEAR BUILT
Year Built Number Mean Assessment
Prior to 1950 3,117 $151,200
1950 to 1959 10,515 $114,500
1960 to 1969 20,063 $121,800
1970 to 1979 28,188 $117,500
1980 to 1989 47,010 $109,100
1990 to 1996 13,888 $161,600
The industrial assessments are displaying a negative, however this does not indicate a decline in value. The
staff, due to automation, has reclassified some industrial properties primarily around the Euclid area which
although zoned industrial, are primary commercial (car dealerships, repair shops, etc).A negative has also
been depicted in the category of apartment as there are a number qf apartment complexes built in the late
60's and early 70's. Although relatively healthy, with 95% occupation, over the past two years the older
apartment properties are not selling for as much as the assessment. Therefore, an adjustment has been made
in the older category. Mr. Banagan displayed a graph depicting annual new construction and displaying
1997 as slightly off from last year; however, last year was the best year in approximately 5 years.
1997 $284,929,741
1996 $298.211,663
A graph depicting the number of housing units includes apartment unity. Slightly less housing units were
built this year; however 269 apartment units were built this year and last year only 64 were built. The
averaged assessed value of new homes was $185,000
LAND USE VALUES
Fiscal Year Agriculture Forest
1999 (Proposed) $730 (Proposed with 1 1/2% Risk
Added) $375
1998 $650 (1 1/2% Risk Added) $525
1997 $620 (1 1/2% Risk Added) $430
1996 $600 (1 1/2% Risk Added) $375
1995 (Locally Determined) $590 (1 1/2% Risk Added) $360
1994 $570 $395
1993 $520 $375
1992 $570 $355
1991 (Locally Determined) $650 $355
1990 $520 $340
9
PRESENTATION
1998/1999 REAL ESTATE ASSESSMENTS
ITEM # 43258 (Continued)
The land use taxation for farmland is fairly stable. Each year acreage is lost in this program which is being
rolled back for development. There is a rather large increase in agricultural values with a decrease in
forestry values. These are based primarily on stumpage figures. Mr. Banagan advised the State makes a
model farm for the City and this is based upon what percentage of the acreage is in soybeans, corn, etc. and
then prices the expenses and revenues generated on a typical acre and determine these values. A five year
rolling average is utilized, with one year dropped off and the newest year added. It was Mr. Banagan's
understanding, a very good crop year was added and an extremely bad crop year was dropped. Thus, the
swing in the values. The State is investigating going to a 7-year average where the high and low is
automatically dropped. Thus, this will be more stable. The State Department of Taxation will be studying
this in the next year.
Relative the Real Estate Tax Exemptions/Deferral/Freeze for senior citizens and disabled persons, there
was a total of 1,865 program recipients with a total exemption of $1,546,036. The limits of this program
were changed in Fiscal Year 1994, with $22,000 on income threshold and $70,000 in net worth. The State
limits are much higher with $150,000 in net worth and $40,000 on income.
Figures shall be provided relative apartments categorized by borough, in a similar manner as the
condominiums and residences.
Februa 24, 1998
/0
CITY MANAGER'S BRIEFINGS
MINORITY BUSINESS COUNCIL
4:58 P.M.
ITEM # 43259
Council Lady Strayhorn expressed appreciation and praise for the unselfish dedication of her fellow
members of the Minority Business Council and the City Staff. Council Lady Strayhorn recognized:
Minority Business Council
Edward Hamm
Chair
Helen V. Preti
Vice-Chair
Leroy Michael Cloud Butler
Sylvia Strickland-Primm
Shewling May Wong
City Staff
Patricia Phillips
Randy Blow
Rick Berry
Loretta Brown
John McConnell
Chair Ed Hamm, advised the Mission of the Minority Business Council:
To assist the City in its efforts to increase participation of
minority-owned businesses, woman-owned businesses and small
businesses in the procurement process and to assure that
procurement opportunities are made available to all persons
regardless of race, religion, color, sex, national origin or
disability.
Vice-Chair Helen Preti advised the GOALS:
Identify firms who have been awarded City contracts and City
agencies involved in protecting the City's image to the public.
Encourage City agencies and firms projecting the City's image to
fairly reflect Virginia Beach as a City of ethnic and racial
diversity when carrying forward the City's business.
Help achieve and maintain improved minority business
participation levels by prime contractors and subcontractors
within Virginia Beach.
Februa 24, 1998
/ I
CITY MANAGER'S BRIEFINGS
MINORITY BUSINESS COUNCIL
ITFM # 43259 (Continued)
Chair Hamm advised the Minority Business Council's work can he categorized in the areas of
Process Improvements, Reporting and Outreach.
PROCESS IMPROVEMENTS
Awareness
Minority Response
Local Business Survey
Bidder Application Revision
Complaint Procedure
Bonding
Construction Prime Contractors
Construction Sub-Contractors
OUTREACH
Improved Public Notice
Revised Booklet - "Doing Business with the City of Virginia Beach
Networking and Sharing Concerns
REPORTS
Purchasing Division Reports
Construction Contract Reports
Future Reporting Potential
Increased Staff Support for Reports
SUMMARY MINORITY AWARDS
1995/96 1996/97 1997/98-'YTD
Construction
Total awards to minority construction contractors $ 0 $ 349,977 $ 124,423 $ 268,612
Total awards to minority subcontractors $ 6,649,850 $ 2,000 $ $
Total construction contracts awarded $50,416,549 $122,390,212 $ 42392,916 $ 18,415,714
% of total construction contracts awarded to minority
subcontractors/contracts 13% 0.29% 0.29% 1.46%
Goods and Services
Total minority vendor awards $ 560,630 $ 2,531,402 $ 9,311,589 $ 2,205,278
Total goods/services awards (non-construction) $34,788,563 $ 38,101,894 $ 75,133,097 $ 21,305,965
% of total goods/services awards to minorities 1.6% 6.64% 12.39% 0.35%
Department of Housing and Neighborhood
Preservation Rehab Construction
Total awards to minority construction contractors Figures Figures $ 266,979 $ 117,154
Ttotal construction contracts awarded Unavailable Unavailable $ 426,982 $ 286,286
% of total construction contracts awarded to minority
subcontractors /contracts 63% 41%
As noted on the summary table, minority construction awards remained consistent in 1996-97 at 0.29% and
increased to 12.39% for goods and services. This is a marked increase from 1994-95 when minority awards
for goods and services amounted to 1.6% of total awards. However, the year to date this year, has generated
increased Minority Business concern, due to the decline in total dollar awards to minoriiy vendors. At this
time, variation could be due to contract expiration dates or seasonal variation.
Februan, 24, 1998
12
CITY MANAGER'S BRIEFINGS
MINORITY BUSINESS COUNCIL
ITEM # 43259 (Continued)
Vice Chair Preti referenced the FUTURE PLANS:
The Female, Small and Minority Business EXPO
The Female, Small and Minority Business EXPO is scheduled for
April 22, 1998. The Purchasing Division will be signing up new
vendors to expand the City's bidders list while City personnel
conduct educational workshops regarding the City procurement
process. Training and education components will focus on
construction, architectural and engineering services, routine goods
and services and housing Department contracts. Additionally,
vendors will be invited to meet with the using agencies to discuss
their specific, procurement needs and the MBC will recognize
female, small and minority firms that have provided outstanding
service to the City.
Goals for 1998
Examine the feasibility of increasing minority participation in
lease agreements entered into by the City
Analyze why minority bidders do not respond to City bids
Focus on improving the minority and small business awards for
construction and A & E services. This would include meeting
with Ms. Cindy Walters of Hampton Roads Minority Business
Council regarding her small and minority vendor database.
Meet with Hampton Roads Utility and Heavy Contractors
Association (HRUHCA) to seek their help in improving prime
contractors use of minority subcontractors.
Continue work to achieve a collaboration between the Human
Rights Commission and the Neptune Festival
Expand and improve the reporting process.
Continue staff and community outreach and education.
Mayor Oberndorf referenced her invitation last weekend to Minority Business Weekend at Waterside The
majority resided in Virginia Beach.
Council Lady Strayhorn advised a request is forthcoming from the Minoriiy Business Council to increase
their membership by one.
Februa 24, / 998
13
AGENDA REVIEW SESSION
5:25 P.M.
ITEM # 43260
Vice Mayor Sessoms referenced INDEFINITE DEFERRAL
I.1. Ordinance to AMEND the City Code
a. Section 2-43 by ADDING a new provision re decorum,
order and expressive activities at meetings of City
Council
ITEM # 43261
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
I.1 Ordinances to AMEND the City Code
b. Sections 35-136, 35-137, 35-138, 35-139, 35-140, 35-
141, 35-143, 35-144, 35-145, 35-146; and, ADD
Sections 35-138.1 and 35-143.1 to promote regional
uniformity re administration of the meal tax.
I.2 Ordinance to authorize creation of a Schools Health
Insurance Premium Special Revenue Fund;
APPROPRIATE $282,761 Trigon Blue Cross/Blue
Shield demutualization funds re Offsetting health
insurance premium expenses incurred by on behalf of
present and future employees of the School Division,
and, revenues from settlements and interest on bank
deposits be increased accordingly.
I.3 Ordinance to ACCEPT and APPROPRIATE a $18,237
Grant from the Commonwealth of Virginia, Department
of Health, Office of Emergency Medical Services to the
FY 1997-1998 Operating Budget of the Fire Department
re purchase of automatic external defibrillators; and,
estimated revenue from the Commonwealth of Virginia
be increased accordingly.
I.4 Ordinance in ACCEPT and APPROPRIATE a $10,000
Donation from the Lou Duva Foundation to the FY
1997-1998 Operating Budget of the Department of Parks
and Recreation re purchase of microcomputers and
other equipment for the Seatack Community Recreation
Center.
I.5 Ordinance appointing viewers in the petition of
WELDON T. and GERTRUDE A. BYRNS for the
closure of a portion of excess unimproved, unused,
unnamed right-of-way on the North side of Site 3A,
Resubdivision of site 2 & 3, property of Norman P. Scott
(KEMP,5VII,LE BOROI,@(-,H)
I.6 License Refunds - $36,171.41.
Februa 24, 11998
14
AGENDA REVIEW SESSION
ITEM # 43262
Karen Laslie, Planning Co-Ordinator will provide information to Council Lady McClanan relative whether
this is an expansion of the business.
J3. Application of KENNETH R. SIMS, c/o Custom Store
Co., Inc., for a Conditional Use Permit for a
contractor's storage yard at the Southeast corner of
Central Drive and Quality Court on Parcel 43, London
Bridge Industrial Park II, containing 9.91 acres
(PRIN('E,@S ANATF BOROU(,'I-1)
ITEM # 43263
Council Members Baum and Jones referenced a conversation with a property owner of a tower, which was
not available for future use. Karen Laslie advised, as a general policy, the staff likes to group towers and
place more than one user on the tower. This present application is in keeping with this policy. Karen advised
the tower on which they wished to place another user was a radio tower, which was always a temporary type
use. However, the property owner has new information and the staff will meet with the owner and advise
Council Members Baum and Jones.
J6. Application of NEXTEL COMMUNICATIONS, INC., for a
Conditional Use Permit for a co-locate wireless
communication antenna at the Southeastern intersection of
South Rosemont Road and Dam Neck Road. Containing 2.154
acres (PRINCF,5S ANNE 130ROI,TCll i
ITEM # 43264
Council Lady Strayhorn inquired why the name still refers to Norfolk/Richmond and not Virginia Beach.
J.7. Application of ENTERPRISE RENTAL CAR/LEASING
COMPANY OF NORFOLK/RICHMOND for a
Conditional Use Permit for automobile rentals on the
South side of Virginia Beach Boulevard, West of
Cleveland Avenue (5329 Virginia Beach Boulevard)
containing 27,673.60 square feet. KEMP,@VILI I
BOROtl(;H@
ITEM # 43265
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
J.1. Application of GEORGE NEWSOME LUXURY
HOMES L.L.C,. for a variance to Section 4.4(b) of the
Subdivision Ordinance which requires that lots created
by subdivision must meet all requirements at the City
Zoning Ordinance and a variance to Section 4.4(d)
which requires that each lot created shall have direct
access to a public street at the Southeastern extremity of
Collins Lane (L YNNHA VEV BORO(,I(;Ij
J.2. Application of MARK KING, for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that
all lots created by subdivision meet all requirements of
the City Zoning Ordinance, at 625 Heron Point Circle
(KEMP,@VII,LE BOROUCli)
Februarl) 24, 1998
15
AGENDA REVIEW SESSION
ITEM # 43265 (Continued)
J.3. Application of KENNETH R. SIMS, c/o Custom Store
Co., Inc., for a Conditional Use Permit for a
contractor's storage yard at the Southeast corner of
Central Drive and Quality Court on Parcel 43, London
Bridge Industrial Park II, containing 9.911 acres
(PRINCESS ANNE BOROUGH)
J.4. Application of TALC ASSOCIATES, INC, for a
Conditional Use Permit for a self-storage facility on the
North side of Newtown Road, East of Lynbrook Landing
(875 Newtown Road), containing 21,649.32 square feet
(BA YSIDE BOROU(;H)
J.5. Application of SPRINT, P.C.S., for a Conditional Use
Permit for a wireless communication cell tower on the
West side of Princess Anne Road, South of Providence
Road (4422 Princess Anne Road), containing 4.487
acres (KFMPSVIILE BOROUCill)
J.6. Application of NEXTEL COMMUNICATIONS, INC.,
for a Conditional Use Permit for a co-locate wireless
communication antenna at the Southeastern intersection
of South Rosemont Road and Dam Neck Road,
containing 2.154 acres (PRINCESS ANNF BOROUGH)
J.7. Application of ENTERPRISE RENTAL CAR/LEASING
COMPANY OF NORFOLK/RICHMOND for a
Conditional Use Permit for automobile rentals on the
South side of Virginia Beach Boulevard, West of
Cleveland Avenue (5329 Virginia Beach Boulevard)
containing 27,673.66 square feet
BOROUGH
J.8. Application of TO-GO-INC., for a Conditional Use
Permit for motor vehicle rentals (U-Haul) at the
Northeast intersection of Virginia Beach Boulevard and
Newtown Road (5650 Virginia Beach Boulevard)
containing 1.015 acres (BA YSIDE BOROL,@Gf4@
J.9. Ordinances of the City of Virginia Beach re Code of
Virginia Section 15.2:
a. AMEND the preamble of the Subdivision Ordinance.
b. AMEND the preamble and Sections 102(6),
105(d)(e)(1), 106(a)(b), and 107(c) of the City Zoning
Ordinance.
c. AMEND the Chesapeake Bay Preservation Area
Ordinance re Sections 110, 110(b) and 114(c).
Februa 24, 1998
16
GENERAL ASSEMBLY ACTIONS
ITEM # 43266
The City Manager distributed the Status Report for the Virginia Beach 1998 Legislative Issues, which is
hereby made a part of the record.
f,'ebrua 24, 1998
1 7
ITEM # 43267
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building on Tuesday, February 24, 1998, at
5:30 P.M.
Council Members Present.
John A. Baum, William W Harrison, Jr, Harold lleivchoher,
Barbara M Henley, Louis R. Jones, Reba S Mc('Ianan, Alayor
Meyera E. Oberndorf Nancy A'. Parker, Vicc, Ualvor William D.
Sessoms, Jr nd Louisa M. Strtiyhorn
Council Members Ahsent.-
Linwood 0. Branch, III
Fehrua 24, 1998
18
ITEM # 43268
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose.
PERSONNEL MATTERS. Discussion or consideration of or
interviews of prospective candidates for employment, assignment,
appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees,
or employees pursuant to Section 2.1-344 (A) (1).
To Wit: Appointments, Boards and Commissions
Francis Land House Board of Governors
Personnel Board
Youth Services Coordinating Council
Virginia Beach Crime Task Force
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 could affect the value of property,
owned or desirable for ownership by such institution pursuant to
Section 2.1-344(A)(3).
To-Wit: Virginia 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 requesting the
provision of legal advice by counsel pursuant to Section 2.1-
344(A)(7).
To-Wit. Lake Gaston Water Supply Project
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting. 10-0
Council Members Voting Aye,
John A. Baum, William W. Harrison, Jr., Harold fleischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vi(@e.A4avo?- William D.
Sessoms, Jr. and Louisa A4. 5travhorn
Council Memberv Voting Nai
None
Council Memberv Absent.
Linwood 0. Branch, I[/
Februa 24. 1998
19 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 24, 1998
6:15 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, February 24, 1998, at 6:15 P.M.
Council Members Present.
John A. Baum, William W. Harrison, Jr.. Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K Parker, It((, 44avot William D
Sessoms, Jr and Louisa M Str(ivhorn
Council Members Absent.
Linwood 0. Branch. III
INVOCA TION. Reverend Randy Orwig
7'he New tidewater (Inite(i Church at Chri,@r
PLEDGE OF ALLEGL4NCE TO THE FLA G OF THE UNITED STA TES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a '@ersonal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. 77ze Vice Mayor regularly makes this Disclosure as he mql,
or may not know of the Banks interest in any application that may come bqfore City Council. Vice Mavor
Sessoms'letter ofjanuary 1 1998, is herebv made a part olf the let o@ ri@
Fehrua 2 , 1998
20 -
Item VII-E
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 43269
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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. 10-0
(.'ouncil Members Voting Aye
John A. Baum, William W Harrison, Jr., I-Iarold Heivchober,
Barbara M. Henley, Louis R. donev, Reba @. Mc('lanan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice.AJavor William D.
Sessoms, Jr. and Louisa M. Stra horn
Council Members Voting Nal;
None
('ouncil Members Absent.-
Linwood 0. Branch, III
Februatj@ 24, 1998
Resolution
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 # 43268, Page 18, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Ruth H@dges mith l@E
City Clerk February 27, 1998
21
Item VII-F.1.
MINUTES ITEM # 43270
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of February 10, 1998 and SPECIAL FORMAL
SESSION of February 17, 1998.
Voting. 9-0
Council Members Voting Aye.
John A. Baum, William W. Harrison, Jr, Ilarold Heischober,
Barbara M Henley, Louis R. Jonev, Reba S McClanan, Nancy K.
Parker, Vice Mayor William D. Seysoms /o- in(i Louisa M.
Strayhorn
Council Members Voting Na@,
None
Council Members Abstaini g
Mayor Mevera E. Oberndo@
('ouncil Memberv Absent.
Linwood 0 Branch, III
Mayor OberndorfABSTAINED as she was not in attendance during the ('it (ouncil Seysions qf Februan
10, 1998andFebrua I/- 199
Februar), 24, 1998
I I
Item VII-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 43271
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
Februari) 24, 1998
23
Item VII-I
ORDINANCES ITEM # 43272
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE
MOTION Ordinances 1a, 1b, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
Item 1a was DEFERRED INDEFINITELY, By Consent.
Voting. 10-0
Council Members Voting Aj,e
John A. Baum, William W. Harrison, Jr, Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. M(,-Clanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Viet, Mal'of William D.
Sessoms, Jr and Louisa M .5trivhorn
Council Members Voting Nai;
None
Council Members Absent.
Linwood 0. Branch, //I
Februarv 24, 1998
24
Item VII-I.1.a.
ORDINANCES ITEM # 43273
Upon motion by Vice Mavor Sessoms, seconded by Councilman Jones, City Council DEFERRED
INDEFINITELY:
Ordinance to AMEND the City Code:
a. Section 2-43 by ADDING a new provision re decorum,
order and expressive activities at meetings of City
Council.
Voting: 10-0 (By ConNent)
Council Members Voting Aye
John A. Baum, William W. Harrison, Jr., Ilar(ild Ilei,@chober,
Barbara M. Henley, Louis R. Jonev, Reba S Mc('Ianan, Mayor
Meyera E. Oberndorf, Nancy A-. Parker, Vice Alai,ot William D.
Sessoms, Jr and Louisa M 5trcivhorti
Council Memberv Voting No i,
None
Council Members Abvent.
Linwood 0. Branch, III
Februar-1, 24, 1998
25
Item VII-I.1.b.
ORDINANCES ITEM # 43274
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND the City Code
b. Sections 35-136, 35-137, 35-138, 35-139, 35-140, 35-141, 35-
143, 35-144, 35-145, 35-146; and, ADD Sections 35-138.1
and 35-143.1 to promote regional uniformity re
administration of the meal tax.
Voting. 10-0 (By Consent)
(,'ouncilMember.v Voting Aj@e
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker. tice A4avor William D.
Sessoms, Jr and Louisa M @trqyhorn
C,'ouncilMember,v Voting N(i@.
None
Council Members Absent.
Linwood 0 Branch, /11
Februa 24, 1998
1 AN ORDINANCE TO AMEND THE CITY CODE
2 PERTAINING TO THE MEAL TAX, BY
3 INCORPORATING DEFINITIONS AND
4 PROVISIONS THAT WILL PROMOTE
5 REGIONAL UNIFORMITY IN THE
6 ADMINISTRATION OF MEAL TAXES
7 SECTIONS AMENDED: §§ 35-136,35-
8 137, 35-138, 35-139, 35-140, 35-141,
9 35-143, 35-144, 35-145, and 35-146
10 SECTIONS ADDED: §§ 35-138.1 and 35-
11 143.1
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That Sections 35-136, 35-137, 35-138, 35-139, 35-140, 35-141,
is 35-143, 35-144, 35-146, and 35-147 of the City Code are hereby
16 amended and reordained and Sections 35-138.1 and 35-143.1 are added
17 to read as follows:
18 Sec. 35-136. Definitions.
19 Except where the context clearly indicates a different
20 meaning, the following words and phrases, when used in this
21 article, shall, for the purpose of this article, have the meanings
22 ascribed to them in this section:
23 Cater, "Cater" means the furnishing of food, beverages, or
24 both on the premises of another, for compensation.
25 City treasurer. "City treasurer" means the treasurer of the
26 city and any of his duly authorized deputies and agents.
27 Commissioner of revenue. "Commissioner of revenue" means the
28 commissioner of revenue of the city and any of his duly authorized
29 deputies and agents.
30 Feed. "r-eed" means any anel all refreshments amel nettrishmerktz,
31 I:iqti!6& eL- etheno-ise.
32 Food and beverages, "Food and beverages" means all food,
33 beverages or both, including alcoholic beverages, purchased in or
34 from a food establishment, whether prepared in such food
35 establishment or not, and whether consumed on the premises or not,
36 and without regard to the manner, time, or place of service.
37 Food establishment, "Food establishment" means any place in
38 or from which food or beverages, or both, are sold in the city,
39 including but not limited to, any restaurant, dining room, grill,
40 coffee shop, cafeteria, cafe, snack bar, lunch counter, movie
41 theater, delicatessen, confectionery, bakery, eating house, eatery,
42 drugstore, ice cream or yogurt shop, lunch wagon or truck, pushcart
43 or other mobile facility from which food is sold, public or private
44 club, resort, bar, lounge, or other similar establishment, pub
45 or private.
46 Person. "Person" means:
47 (a) Where the restaurant food establishment is a corporation,
48 the president or managing agent of such corporation.
49 (b) Where the restaurant food establishment is an
50 unincorporated partnership or association, the general
51 partner, partners, or managing agent of such
52 unincorporated partnership or association.
53 (c) Where the restaurant food establishment is a sole
54 proprietorship, the owner or managing agent of such sole
55 proprietorship.
56 Restaurame. "Restad!L ant-! means any eenfeetienery,
57 delicatessen, eating heuse, dregetere, elub, resert er other plaee
58 in the eity at when fee& is se@ed te the
59 Sec. 35-137. Levied; amount.
60 There is hereby imposed and levied on each person a tax
61 equivalent to four and one-half (4.5) percent on the total amount
62 paid for food and beverages, in or from any food
63 establishment, whether prepared in such food
2
64 establishment or not and whether consumed on the premises or not.
65 The tax shall be computed at a straight four and one-half (4.5)
66 percent, any fraction of one-half or more being treated as one cent
67 ($0.01).
68 Sec. 35-138. Exemptions; limits on application.
69 (a) Meals -ftirnished employees in the eeti!Lae eLs, eL- !6ig
70 eenneefei:en 4#!6t;h, #=he!6L- empleyment i:n establishmerk4Bs serving f-@
71 shall net be eensielered as sales ef feeel tinder th!6s art4:ele
72 shall net be taxed tineler this artiele.
73 (b) iie teat sha3:3: ige payaigle ttrkeler this &L-tiele i:n any e!F the
74 foliewing instanees;
75 (I) Gn eharges for feed paiel by any effieial er employee
76 the feelers! government of th!6s state er eity, @en en
77 offieial business.
78 (2) en eharges Eme!e feed pa!6d te any heop!6,eal, meelieal el!6nie,
79 eenveleseent heme or home fer aged peeple.
80 (a) The tax imposed under this article shall not be levied on
81 candy, gum, nuts, and other items of essentially the same nature
82 served for on or off-premises consumption.
83 (b) The tax imposed under this article shall not be levied on
84 the following items when served exclusively for off-premises
85 consumption:
86 (1) Prepackaged donuts, crackers, chips, cookies, and items
87 of essentially the same nature.
88 (2) Food sold in bulk. For the Purposes of this article, a
89 bulk sale shall mean the sale of any item that would
90 exceed the normal, customary, and usual portion sold for
91 on-premises consumption (e.g., a whole cake, a gallon of
92 ice cream, or seven or more pastry items); a bulk sale
3
93 shall not include any food or beverage that is catered or
94 delivered or prepared for carry out by a food
95 establishment for off-premises consumption,
96 (3) Beverages sold in factory-sealed containers
97 (c) A grocery store, supermarket, or convenience store shall
98 not be subject to the tax except for any portion or section therein
99 designated as a delicatessen or designated for the sale of prepared
100 food and beveraaes.
101 (d) The tax imposed under this article shall not be levied on
102 the following purchases of food and beverages:
1 03 (1) Food and beverages furnished by restaurants (or other
104 food establishments) to employees as part of their
105 compensation when no charge is made to the employee,
106 (2) Food and beverages sold by a day care center, public or
107 private elementary or secondary school, or any college or
108 university to its students or employees.
109 (3) Food and beverages purchased for use or consumption by,
110 and which are paid for directly by the Conmnwealth, any
ill political subdivision of the Commonwealth, or the United
112 States.
113 (4) Food and beveraaes furnished by a hospital, medical
114 clinic, convalescent home, nursing home, home for the
115 aged, infirm or handicapped. or other extended care
116 facility to patients or residents thereof.
117 (5) Food and beverages furnished by a non-profit charitable
118 oraanization to elderly, infirm, handicapped, or needy
119 persons in their homes or at central locations.
12 0 (6) Food and beverages sold on an occasional basis, not
121 exceeding three (3) times per calendar year, by a non-
4
122 profit educational, charitable, or benevolent
123 organization, church, or religious body as a fund-raising
124 activity, the gross proceeds of which are to be used by
125 such organization exclusively for nonprofit educational,
126 charitable, benevolent, or religious purposes.
127 (7) Food and beverages sold through vending machines.
128 Sec. 35-138.1. Gratuites and service charges.
129 Where a purchaser provides a gratuity for an employee of a
130 seller, and the amount of the gratuity is wholly in the discretion
131 of the Purchaser the gratuity is not subject to the tax imposed by
132 this article, whether paid in cash to the employee or added to
133 bill and charmed to the purchaser's account; provided, in
134 latter case, that the full amount of the gratuity is turned over to
135 the employee by the seller.
136 An amount or percent, whether designated as a gratuity, tip,
137 or service charge, that is added to the price of the food and
138 beverages by the seller, and required to be paid by the purchaser,
139 is a part of the selling price of the food and beverages and is
140 subject to the tax imposed by this article.
141 Sec. 35-139. Collection.
142 Every person receiving any payment for food and beverages with
143 respect to which a tax is levied under this article shall collect
144 the amount of tax imposed under this article from the purchaser on
145 whom the same is levied, or from the purchaser paying for such food
146 and beverages, at the time payment for such food and beverages be
147 made. The taxes so collected shall be deemed to be held in trust by
148 the person required to collect such taxes until remitted as
149 provided in this article.
5
150 Sec. 35-140. Reports and remittances generally.
151 The person collecting any tax as provided in section 35-139,
152 shall make out a report, upon such forms and setting forth such
153 information as the commissioner of revenue may prescribe and
154 require, showing the amount of food and beverages charges collected
155 and tax required to be collected, and shall sign and deliver such
156 report to the city treasurer with a remittance of such tax. Such
157 reports and remittances shall be made on or before the twentieth
158 day of each month, covering the amount of tax collected during the
159 preceding month.
160 Sec. 35-141. Collectors' records.
161 It shall be the duty of every person liable for the collection
162 and payment to the city of any tax imposed by this article to keep
163 and preserve, for a period of five (5) years, such suitable
164 records showing all purchases taxable under this article, the
165 amount charmed the purchaser for each such nurchase, the date of
166 each purchase, the taxes collected thereon, the amount of tax
167 required to be collected by this article, and such other
168 information as may be determined by the commissioner of the revenue
169 to be necessary to assess the amount of tax
170 such person may have been responsible for collecting and paying to
171 the city. The commissioner of revenue shall have the power to
172 inspect and make conies of such records at all reasonable times for
173 the purpose of administering and enforcing the provisions of this
174 article.
175 Sec. 35-143. Penalty for late remittance
176 If any person, whose duty it is so to do, shall fail
177 to remit to the city treasurer the tax required to be
6
178 collected and paid under this article within the time and in the
179 amount specified in this article, there shall be added to such tax
180 by the city treasurer a penalty in the amount of five (5) percent,
181 if the remittance is not more than thirty (30) days
182 late, with an additional five (5) percent for each additional
183 thirty (30) days or fraction thereof during which the
184 remittance continues to be late, not to exceed twenty-five (25)
185 percent in the aggregate, with a minimum penalty of two dollars
186 ($2.00).
187
188
18 9
190
191 Sec. 35-143.1. Penalty for willful failure to pay, collect, or
192 truthfully account for tax.
193 (a) Any corporate or partnership officer, or any other person
194 required to collect, account for, or pay over the tax imposed under
195 this article, who willfully fails to pay, collect, or truthfully
196 account for and pay over the tax imposed under this article, or
197 willfully attempts in any manner to evade or defect any such tax or
198 the payment thereof, shall, in addition to other penalties imposed
199 by law, be liable for a penalty of the amount of tax evaded or not
200 paid, collected, or accounted for and paid over, to be assessed and
201 collected in the same manner as such taxes are assessed and
202 collected.
203 (b) Any corporate or partnership officer, or any other person
204 required to collect, account for, or pay over the tax imposed under
205 this article, who willfully fails to collect or truthfully account
206 for or pay over such tax, or who willfully evades, or attempts to
7
207 evade such tax or the payment thereof, shall, in addition to
208 other penalties imposed by law, be guilty of a Class 1 misdemeanor.
209 (c) The term "corporate or partnership officer" as used in
210 this section means an officer or employee at a coloration, or a
211 member or emnloyee of a partnership who, as such officer, employee,
212 or member, is under a duty to perform on behalf of the corporation
213 or partnership the act in respect of which the violation occurs and
214 who (i) had actual knowledge of the failure or attempt as set forth
215 herein, and (ii) had authority to prevent such failure or attempt.
216 Sec. 35-144. Procedure upon failure to collect, report, etc.
217 (a) If any person, whose duty it is so to do, shall fail or
218 refuse to collect the tax imposed under this article and to make,
219 within the time provided in this article, the reports and
220 remittances mentioned in this article, the commissioner of revenue
221 shall proceed in such manner as he may deem beat to obtain facts
222 and information on which to base his estimate of the tax due. As
223 soon as the commissioner of revenue shall procure such facts and
224 information as he is able to obtain upon which to base the
225 assessment of any tax payable by any person who has failed or
226 refused to collect such tax and to make such report and remittance,
227 he shall proceed to determine and assess against such person the
228 tax and penalties provided for by this article and shall notify
229 such person, by registered certified mail sent to his last known
230 place of address, of the total amount of such tax and penalties and
231 the total amount thereof shall be payable within ten (10) days from
232 the date of such notice.
233 (b) It shall be the duty of the commissioner of revenue to
234 ascertain the name of every person operating a food
235 establishment in the city, liable for the collection of the tax
8
236 levied by this article, who fails, refuses or neglects to collect
237 such tax or to make, within the time provided by this article, the
238 reports or remittances required by this article. The commissioner
239 of revenue may
240
241 apply for the issuance of a
242 warrant or summons for such person as provided by law.
243 Sec. 35-145. Food establishment operator not to
244 advertise that he will pay or absorb tax.
245 No person operating a food establishment shall
246 advertise in any manner, directly or indirectly, that he will
247 absorb or pay all or any part of the tax levied by this article.
248 Sec. 35-146. Violations of article.
249 Any person violating or failing to comply with any provision
250 of this article shall be guilty of a Class 1 misdemeanor. Each
251 violation of, or failure to comply with, this article shall
252 constitute a separate offense. Conviction of such violation shall
253 not relieve any person from the payment, collection or remittance
254 of the taxes provided for in this article. An agreement by any
255 person to pay the taxes provided for in this article by a series of
256 installment payments shall not relieve such person of criminal
257 liability for violation of this article until the full amount of
258 taxes agreed to be paid by such person is received by the
259 treasurer.
260 Secs. 35-147-35-157. Reserved.
9
261 Adopted by the City Council of the city of Virginia Beach on
262 this 24th day of February, 1998.
263
264 CA-6916
265 DATA/ORDIN/PROPOSED/35-136et.ORD
266 R4
267 February 17, 1998
A.PPROVXD AS TO CONTB=ST
Commissioner of the Revenue
APPROVZD AS TO LEGAL
SUIFFICIENCY:
DeparUmnt of Law
10
26
Item VII-I.2.
ORDINANCES ITEM # 43275
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED.
Ordinance to authorize creation of a Schools Health Insurance
Premium Special Revenue Fund, APPROPRIATE $282,761
Trigon Blue Cross/Blue Shield demutualization funds re
offsetting health insurance premium expenses incurred by or on
behalf of present and future employees of the School Division: and,
revenues from settlements and interest on bank deposits be
increased accordingly.
Voting: 10-0 (By Consent)
Council Members Voting @ve
John A. Baum, William W. Harrison, Jr, Harold Heischober,
Barbara M Henley, Louis R. lones, Reba S A4c(,'Ianan, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vi((, A4avoi William D
Sessoms, Ji and Louiva M Stravhor@l
('ouncil Members Voting Nay
None
(.'ouncil Members Absent.
Linwood 0 Branch, /11
February 24, 1998
1 AN ORDINANCE AUTHORIZING THE
2 CREATION OF THE "SCHOOLS HEALTH
3 INSURANCE PREMIUM SPECIAL REVENUE
4 FUND" AND APPROPRIATING $282,761 TO
5 THE FUND
6 WHEREAS, due to the School Division's status as a group
7 policyholder of Blue Cross and Blue Shield of Virginia (hereinafter
8 "Trigon"), the City of Virginia Beach received cash in the amount
9 of $274,201 as a result of the conversion of Trigon from a mutual
10 insurance company to a stock corporation (hereinafter "Trigon
11 demutualization");
12 WHEREAS, §15.2-1512.1 of the Code of Virginia provides
13 that the local governing body of each locality which receives cash
14 as a result of the Trigon demutualization by reason of its school
15 division's status as a Trigon group policyholder shall, by
16 ordinance or resolution, authorize the creation of two separate
17 funds, one to be known as the "Schools Health Insurance Premium
18 Fund," and the other to be known as the "School Construction,
19 Renovation, Maintenance, Capital Outlay, and Debt Service Fund";
20 WHEREAS, §15.2-1512.1 further provides that the cash
21 shall be divided equally between the two separate funds, but that
22 the local governing body may, with the consent of the school board,
23 place all of the cash in the Schools Health Insurance Premium Fund;
24 WHEREAS, by resolution adopted January 20, 1998, the
25 School Board requested City Council "to appropriate the $274,201
26 plus interest from July 1, 1997, received from the Trigon
27 demutualization by the school division," and also requested "that
28 these funds be placed in a special revenue fund to be used for
29 health insurance premiums..."; and
30 WHEREAS, through February 28, 1998, the funds in question
31 will have accrued interest income in the amount of $8,560.
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 1. That City Council hereby authorizes the creation of
35 a fund to be entitled the "Schools Health Insurance Premium Special
36 Revenue Fund" ("the Fund,,);
37 2. That funds in the amount of $282,761 are hereby
38 appropriated to the Fund to be used solely to offset health
39 insurance premium expenses incurred by or on behalf of present and
40 future employees of the School Division; and
41 3. That revenues from Settlements and Interest on Bank
42 Deposits are hereby increased in the amount of $274,201 and $8,560,
43 respectively.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the 24 day of February 1998.
46 CA-6910
47 ORDIN\NONCODE\BCBSFUND.ORD
48 R-1
49 PREPARED: February 17, 1998
50 APPROVED AS TO CONTENT:
51
52 Management S@ices
53 APPROVED AS TO LEGAL
54 SUFFICIENCY:
55
56 Department of Law
2
Virginia Beach City Public Schools
MEMORANDUM
TO: Dr. Timothy R. Jenney, Superintendent
FROM: Dianne M. Page, Secretary/Clerk of the Board
Office of the Superintendent
SUBJECT: Employee Health Care Subsidy Benefit
DATE: January 22, 1998
Attached is a certified, signed copy of a resolution that requests City Council appropriate
$274,201.20 plus interest from July 1, 1997, received from Trigon to be placed in a special revenue
fund and used for health premiums. The resolution was passed by the School Board at the
January 20, 1998 School Board meeting.
Please advise if I can be of assistance in forwarding the resolution to City Council with an Agenda
Item request form for their consideration.
Thank you.
Attachment
pc: Ms. Victoria L. Lewis, ChiefFinancial Officer
School Administration Building v 2512 GwM Mason Drive v P.O. Box 6039 V Virginia BeaCh, VA V ZM64*n
Virginia Beach City Public Schools
A REQUEST TO THE VIRGINIA BEACH CITY COUNCIL TO
APPROPRIATE CERTAIN FUNDS
RESOLUTION
WHEREAS, Virginia Beach City Public Schools has received $274,201.20 from the
demutualization of Trigon Blue Cross/Blue Shield effective July 1, 1997; and
WHEREAS, funds from the demutualization are restricted to be used by the school division
for health insurance premiums and/or construction, renovation, maintenance, capital outlay and
debt service subject to appropriation by City Council; and
WHEREAS, The School Board may choose to utilize no more than 50 percent of these
funds in construction, renovation, maintenance, capital outlay and debt service; and
WHEREAS, the School Board may choose to utilize all proceeds for health insurance
premiums; now, therefore, be it
RESOLVED: That the Virginia Beach School Board requests the Virginia Beach City
Council to appropriate the $274,201.20 plus interest from July 1, 1997, received from the
Trigon demutualization by the school division and that these funds be placed in a special
revenue fund to be used for health insurance premiums; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board.
Presented January 20, 1998
SEAL Robert F. Hagans, Chairman
Attest:
2,7
Item VII-I.3.
ORDINANCES ITEM # 43276
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $18,237 Grant
from the Commonwealth of Virginia, Department of Health, Office
of Emergency Medical Services to the FY 1997-1998 Operating
Budget of the Fire Department re purchase of automatic external
defibrfilators; and, estimated revenue from the Commonwealth of
Virginia be increased accordingly.
Voting.- 10-0 (By Consent)
Council Members Voting Aye
John A. Baum, William W. Harrison, Jr,, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, J"ice Mavoi William D
Sessoms, Jr. and Louisa M @trayhorn
('ouncil Members Voting Nc(l,
None
Council Memberv Absent.
Linwood 0, Branch, [II
Februa 24, 1998
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE A GRANT IN THE AMOUNT OF
3 $18,237.00 FROM THE COMMONWEALTH OF
4 VIRGINIA, DEPARTMENT OF HEALTH,
5 OFFICE OF EMERGENCY MEDICAL SERVICES
6 TO THE FY 1997-98 OPERATING BUDGET
7 OF THE FIRE DEPARTMENT TO PURCHASE
8 AUTOMATIC EXTERNAL DEFIBRILLATORS
9 WHEREAS, the Commonwealth of Virginia, Department of
10 Health, Office of Emergency Medical Services has awarded the
11 Virginia Beach Fire Department a matching grant in the amount of
12 $18,237.00 to purchase Automatic External Defibrillators ("AEDs");
13 WHEREAS, the Fire Department has sufficient funds in the
14 operating budget to provide the required match, thereby eliminating
is the need for additional appropriations;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 (1) That a grant in the amount of $18,237.00 is hereby
19 accepted from the Commonwealth of Virginia, Department of Health,
20 Office of Emergency Medical Services and appropriated to the FY
21 1997-98 Operating Budget of the Virginia Beach Fire Department to
22 purchase AEDs; and
23 (2) That estimated revenue from the Commonwealth of
24 Virginia in the FY 1997-98 Operating Budget is hereby increased in
25 the amount of $18,237.00.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the 24 day of February, 1998.
28 CA-6928
29 ORDIN\NONCODE\FIREGRNT.ORD
30 R-3
31 FEBRUARY 17, 1998
32 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
33 SUFFICIENCY:
34 Tc
35 Managei Department of Law 'Y
COMMONWEALTH of VIRGINIA
RANDOLPH L. GORDON. M.D., M.P.M. Department of Health 1538 East Parham Road
STATE HEALTH COMMISSIONER Office of Emergency Medical Services Richmond, Virginia 23228
1-800-523-6019 (Va. Only)
GARY R. BROWN January 1 1998 804-371-3600
DIRECTOR Fax: 804-371-3643
James G Kellam Jr
Virginia Beach Fire Department
Municipal Center - Building 21
Virginia Beach VA 23456-9065
Dear Mr. Kellam:
Congratulations! It is my pleasure to announce that your agency is the recipient of an award from the
Rescue Squad Assistance Fund (RSAF) Program. Please refer to the attached award page for the actual
award. The award is intended for the purchase of new, unused/refurbished equipment. The purchase of
anything other than new equipment requires prior written approval by the Office of EMS.
Enclosed you will also find the Grant Reimbursement Instructions, Agreement Form, and Equipment
Status/Final Report Form. The RSAF program is a reimbursement grant designed to reimburse awarded
agencies for their approved purchases. To request reimbursement for the funds awarded to your organization,
please follow the procedures listed on the Grant Reimbursement Instructions.
BEFORE PURCHASING ANY EOUIPMENT, PLEASE COMPLY WITH ANY GRANT CONDITIONS THAT MAY
BE LISTED ON PAGE TWO OF THIS LETTER, as non-compliance may result in your agency not being reimbursed
for the conditional grant award item(s)! Furthermore, any purchase, agreement to purchase and/or
commitment of funds prior to January 1, 1998 will void the grant award.
Any correspondence or invoices must include the complete Grant Application Number (also known
as the Grant Number) listed on page two for timely processing. In accordance with the Virginia Rescue Squad
Assistance Act, these funds can be used for approved expenditures during the January 1, 1998 - December 31,
1998 Grant Period. However, it would be in your agency's best interest to purchase your award items by June
1998 for the best price advantage, but in any case NO LATER THAN December 31, 1998.
If you have any questions, please contact Carol S. Morrow, RSAF Grant Administrator, Office of
EMS, at (804) 371-3500 or 1-800-523-6019.
Sin@
y
a@ndolph L ordon, M. DaM P H"
Commissioner
Attachment
'RGINIA
)EPARTMENI
V'/DHo'@F HEA[TH
AWARD PAGE
Rescue squad Assistance Fund January 1, 1998 - December 31, 1998 Grant Period
Agency Name: VIRGINIA BEACH FIRE DEPT.
Grant Title: ALS
Grant Number: TI-AO5/12-97
QUANTITY FUNDING AMOUNT
ITEMS REQUESTED STATUS FUNDED % LEVEL FUNDED
------------------------------ ---------- ---- --------------
SEMI-AUTO. DEFIB FUNDED 50 $18,237.50
CONDITIONS: Agency must upgrade to Class A first response license.
--------------
$18,237.50
28
Item VII-I.4.
ORDINANCES ITEM # 43277
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $10,000 Donation
from the Lou Duva Foundation to the FY 1997-1998 Operating
Budget of the Department of Parks and Recreation re purchase of
microcomputers and other equipment for the Seatack Community
Recreation Center.
Mayor Oberndorf recognized Fagan Stackhouse, Director of Human Resources, Sylvia Strickland-Primm,
Member Human Rights Commission and Max Bartholomew Past Chairman, Virginia Beach Chamber of
Commerce and Member - Human Rights Commission. At a Human Rights Commission Celebration, Mr. Lou
Duva was the featured guest. Mr. Duva promised he would raise $10,000 for computers and learning
materials especially for the children in the Seatack Community Recereation Center. Mayor Oberndorf
publicly acknowledged with great appeciation that Mr. Duva had met this challenge and thanked him for
this contribution. Mr. Bartholomew, Manager of Virginia Power, advised this was a challenge for the city-
wide corporate $50,000 commitment.
Voting. 10-0 (By Consent)
C,'ouncil Memberv Voting Aye,
John A. Baum, William W. Harri,@on, Jr, Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor
Meyera E. Oberndor
.f, Nancy K Parker, Afa@,ot William D.
Sessoms, Jr and Louisa 44.,5travhorn
(council Memherv Voting Na.@
None
Council Memberv Absent.
Linwood 0 Branch, [[I
Febri4a 24, 1998
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 DONATION FROM THE LOU DUVA FOUNDATION IN THE
3 AMOUNT OF $10,000 TO THE FY 1997-98 OPERATING
4 BUDGET OF THE DEPARTMENT OF PARKS AND
5 RECREATION TO PURCHASE MICROCOMPUTERS AND
6 OTHER EQUIPMENT FOR THE SEATACK COMMUNITY
7 RECREATION CENTER
8
9
10 WHEREAS, the Lou Duva Foundation has donated $10,000 to
11 the City of Virginia Beach through the Human Rights Commission,
12 with the intention that this money he used to purchase
13 microcomputers and other equipment that will benefit the youth
14 served by the Seatack Community Recreation Center; and
is WHEREAS, the Department of Parks and Recreation has a
16 Gift Fund in its annual budget to accommodate such donations;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 (1) That a donation in the amount of $10,000 is hereby
20 accepted from the Lou Duva Foundation and appropriated to the Gift
21 Fund in the FY 1997-98 Operating Budget of the Department of Parks
22 and Recreation to be used to purchase microcomputers and other
23 equipment for the Seatack Community Recreation Center; and
24 (2) That estimated revenue in the FY 1997-98 Operating
25 Budget of the Department of Parks and Recreation is hereby
26 increased in the amount of $10,000.
27 Adopted the 24 day Of February 1998, by the
28 Council of the City of Virginia Beach, Virginia.
29
30 APPROVED AS TO CONTENT APPROVED AS TO LEGAL
31 SUFFICIENCY
32
33
34 Walter C. Krae@ Department of
35 Department of management Services
36
37 CA-6929
38 FEBRUARY 13, 1998
39 NONCODE\P&RGIFT.ORD
Cit_y- cDf @ix-ggiraiaa
MEYERA E. OBERNDORF MUNCIPAL CENTER
UAYOR VIRGINIA BEACH, VIRGINIA 23456-WW
(804) 427-4581
January 20, 1998
Mr. Lou Duva
Dan Duva Foundation
811 Totowa Road
Totowa, NJ 07512
Dear Mr. Duva:
I, along with the City of Virginia Beach, express our appreciation to you for your support in working with the Duva
Foundation to secure a contribution of $10,000 for use by the Seatick Community Recreation Center, and $1,500 for
the Police Athletic League (PAL) for youth memberships at the Seatack Community Recreation Center. Recently when
you were at the Human Riggts Commission Forum, you expressed an interest to assist the youth in the City of Virginia
Beach through educational endeavors such as computer training, leadership and responsibility through athletic programs,
and generally an overall focus on challenging us as community leaders and business people to do the same.
We are especiallyv proud of their donation to the Citv of Virginia Beach. Understandably, leaders from within our
community have the responsibility and obligation to give back and support their own local youth and the various programs,
but for someone who is not a local community member to support us in this way, is commendable. We ask for your
continued support, and we are providing you with a token of our appreciation.
Again, we thank you, the Duva Foundation and the Human Rights Commission for their involvement in this community
initiative, and we hope that "seeds of enthusiasm" will take root and spread throughout our community for the betterment
of our youth as a result of your kind and important donation.
Sincereiv
,\layers 6=
,\Iavor
cc: Virginia Beach City Council
@'irgin" Beach H,-@-, Rights Commission
James K. @m, City Manager
Sam L. Hawley, Acting Director, Department of ParLs & Recreation
Cit@ C>f
MEYERA E. OBERNDORF MUNICIPAL CENTER
I&AYOR VIRGINIA 8EACH, VIRGINIA @-MM
(W4) 427-4S8l
Januarv 20, 1998
Main Events
% Shelly Finkle
Dan Duva Foundation
811 Totowa Road
Totowa, NJ 07512
Dear Mr. Finkle:
The City of Virginia Beach expresses its appreciation to you for your contribution of $10,000 for
the Seatack Community Recreation Center, and $1,500 for the Police Athletic League (PAL) for
youth memberships at the Seatack Center. Mr. Lou Duva was at our December 10, 1997, Human
Rights Commission Forum and committed to our City for support for youth activities, and indicated
his pledge of a monetary donation to our City. We are especially proud of your donation to the City
of Virginia Beach, and please rest assured that these dollars will be spent to directly and positively
impact the youth in the Seatack community of our fine City.
We most graciously thank the Dan Duva Foundation for these gifts. We hope that you will take the
time to come to our City and enjoy our beaches, citizens, and recreational facilities.
zlincerelv,
Meve@. Oberndorf
@\1 avor
cc: \irginia Beach City Council
\'irg@a Beach Human Rights Commission
James K. Spore, City Manager
I
z,ara L. Hensley, Acting Director, Department of Parks Recreation
29
Item VII-I.5.
ORDINANCES ITEM # 43278
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance appointing viewers in the petition of WELDON T. and
GERTRUDE A. BYRNS for the closure of a portion of excess
unimproved, unused, unnamed right-of-way on the North side of
Site 3A, Resubdivision of Site 2 & 3, property of Norman P. Scott
(KEMPSVII LE BORO U(;H)
The Viewers are.
David M. Grochmal General Services
Robert J. Scott Planning
George N. Tzavaras Public Works
Voting.- 10-0 (By Consent)
Council Members Voting Aye
John A. Baum, William W. Harrison, Jr., Harold Heivchober,
Barbara M. Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vic@, Mat@oi William D.
Sessoms, Jr and Louisa M .51rqvhorri
Council Members Voting Nal@
None
Council Members Absent.
Linwood 0. Branch, III
Februa 24, 1998
ORDINANCE APPOINTMENT VIEWERS
WHEREAS, WELDON T. BYRNS, JR. and GERTRUDE A. BYRNS have given due
and proper notice, in accordance with the statutes for such cases made and provided that they
will on the 24th day of February, 1998, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of viewers to view the below described property and report in
writing to the Council whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the hereinafter described portion of that
certain street of variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach,
Virginia:
THAT, Robert J. Scott
David M. Grochmal
and George N. Tzavaras are hereby
appointed to view the below described property and report in writing to the Council, whether in
their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating
of a portion of that certain street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
EXCESS UNIMPROVED, UNUSED, UNNAMED RIGHT-OF-WAY
ON THE NORTH SIDE OF SITE 3A
RESUBDIVISION OF SITE 2 & 3,
SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT
(MB 264, PGS 19 & 20)
ALL THAT CERTAIN PEICE OR PARCEL OF LAND SITUATE, LYING
AND BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH,
VIRGINIA as shown and designated "50' DEDICATED TO PRINCESS ANNE
CO. IF AND WHEN NEEDED FOR STREET (DB 857, PG 270)" on that plat
entitled "RESUBDIVISION OF SITE 2 & 3 SUBDIVISION OF PROPERTY
OF NORMAN P. SCOTT" dated 4/16/97, prepared by T.E.S., INC. which plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 264, at Pages 19 & 20.
All of the above as shown upon that certain plat entitled "RESUBDIVISION OF
SITE 2 & 3, SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT, Kempsville
Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the afore referenced street.
Adopted by the Council of the City of Virignia Beach, Virginia,
on this 24 day of February, 1998.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, WELDON T. BYRNS, JR. and GERTRUDE A. BYRNS, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.2-2006 of the 1950 Code of
Virginia, as amended, the Petitioners apply for the vacating, closing, and discontinuance of a
portion of that certain platted street which is more specifically described as follows:
EXCESS UNEMPROVED, UNUSED, UNNAMED RIGHT-OF-WAY
ON THE NORTH SIDE OF SITE 3A
RESUBDIVISION OF SITE 2 & 3,
SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT
(MB 264, PGS 19 & 20)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING
AND BEING IN THE KENPSVIILLE BOROUGH OF VIRGINIA BEACH,
VIRGINIA as shown and designated "50' DEDICATED TO PRINCESS ANNE
CO. IF AND WHEN NEEDED FOR STREET (DB 857, PG 270)" on that plat
entitled "RESUBDIVISION OF SITE 2 & 3 SUBDIVISION OF PROPERTY
OF NORMAN P. SCOTT" dated 4/16/97, prepared by T.E.S., INC. which plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 264, at Pages 19 & 20.
Said parcel of land being a portion of excess, unimproved, unnamed right-of-way on the north
side of Site 3A, as indicated on that certain plat entitled "RESUBDIVISION OF SITE 2 & 3
SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT, Kempsville Borough, Virginia
Beach, Virginia (MB 264, PGS 19 & 20)", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the afore described street.
2. That no inconvenience will result to any persons by reason of said closing,
vacation, and discontinuance of said street, and the Petitioners pray that this Honorable City
Council appoint viewers as provided by law to view said platted street proposed to be closed
and to report in writing to the Council as to whether in the opinion of said Viewers, what
inconvenience, if any, would result from the discontinuance and closing of this portion of said
street, as herein reported and described.
3. That on the 30th day of January, 1998, Notice of the presenting of this
Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, and on the premises to be closed, as evidence by the Affidavit attached hereto, and a
copy of said Notice.
4. That the Petitioners as fee simple title holders to Site 3A, are the owners of the
underlying fee interest in the land designated "50' DEDICATED TO PRINCESS ANNE Co. IF
AND WHEN NEEDED FOR STREET" for which this street closure is sought.
PREPARED BY
SYKES, CARNES, BOURDON
& AHERN, PC
ATTORNEYS AT LAW
Respectfullv submitted
Weldon T. Byrns, Jr. and Gertrude A. Byrns
By@
Of (,ounsel
R. Edward Bourdon, Jr
Sykes, Cames, Bourdon & Ahern, P
Pembroke One, The Fifth Floor
I Virginia Beach, Virginia 2346I.-2989
(757) 499-8971
S'I'CLOSIJR
13YRNS5
PREPARED By
SYKES CARNES BOURDON
&AHERN PC
ATTORNEY AT LAW
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia
Beach, Virginia, to be held on the 24h day of February, 1998, at 6:00 p.m , at the City Hall of
the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the
appointment of Viewers to view the below described portion of a certain street and to report to
the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result
from the vacating, closing and discontinuance of same, the said portion of said street being
described as follows:
EXCESS UNIMPROVED, UNUSED, UNNAMED RIGHT-OF-WAY
ON THE NORTH SIDE OF SITE 3A
RESUBDIVISION OF SITE 2 & 3,
SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT
(MB 264, PGS 19 & 20)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING
AND BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH,
VIRGINIA as shown and designated " 50' DEDICATED TO PRINCESS ANNE
CO. IF AND WHEN NEEDED FOR STREET (DB 857, PG 270)" on that plat
entitled "RESUBDFVISION OF SITE 2 & 3 SUBDIVISION OF PROPERTY
OF NORMAN P. SCOTT" dated 4/16/97, prepared by T.E.S., INC. which plat
is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 264 at Pages 19 & 20.
At that time, anyone affected may appear and be heard.
After the report of the Viewers is received at the next regular meeting of the City
Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the portion of that street in the City of
Virginia Beach, Virginia, described above.
Weldon I Byms, Jr and Gertrude A Byms
B@ 7
Of Counsel
R. Edward Bourdon, Jr., Esquire
Sykes, Cames, Bourdon & Ahem, PC
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(757) 499-8971
STCLOSUR
BYRNS3
PFTEMAED BY
SYKES. CARNES. BouR@
A MERN. PC
A@ORNEYS AT LAw
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SYKES, CAMES, BOURDON & AHERN, P. C.
]ON M. AHERN A r I ORN@.YS AND COUNSEI-Ok', A Y i AV TELEPHONE 499-Bql[
R. EDWARD BOURDON, JR PEMBROKE OFFICE PARK AREA CODE 757
THOMAS S. CARNES FACSIMILE (757) 456-5445
)AMES T. CROMWELL PEMBROKE ONE-THE FIFTH FLOOR OR 671-1454
LINDA NYE HUSS VIRGINIA BEACH, VIRGINIA 2:i462 29@,
KEITH L. KIMBALL
KIRK B. LEVY January 22, 1 oc)S
TODD M. LYNN
JENNIFER D. ORAM-SMITH
HOWARD R. SYKES, JR
I, R. Edward Bourdon, Jr., attorney for Weldon T. Byrns, Jr. and Gertrude A.
Byrns, do hereby certify that:
1. I am an attorney at law and represent Weldon T. Byrns, Jr. and Gertrude
A. Byrns.
2. That based upon my examination of title, it is my opinion that if the portion
of the unused, unimproved, unnamed right-of-way sought to be closed is discontinued,
closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said
right-of-way will vest in Weldon T. Byrns, Jr. and Gertrude A. Byrns.
3. The portion of street to be closed referred to herein is described as
follows:
EXCESS UNIMPROVED, UNUSED, UNNAMED RIGHT-OF-WAY
ON THE NORTH SIDE OF SITE 3A
RESUBDIVISION OF SITE 2 & 3
SUBDIVISION OF PROPERTY OF NORMAN P. SCOTT
(MB 264, PGS 19 & 20)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE,
LYING AND BEING IN THE KEMPSVILLE BOROUGH OF
VIRGINIA BEACH, VIRGINIA as shown and designated "50'
DEDICATED TO PRINCESS ANNE CO. IF AND WHEN NEEDED
FOR STREET (DB 857, PG 270)" on that plat entitled
"RESUBDIVISION OF SITE 2 & 3 SUBDIVISION OF PROPERTY OF
NORMAN P. SCOTT' dated 4/16/97, prepared by T.E.S., INC. which
plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 264, at Pages 19 & 20.
SYKES, ('ARNI"$, b )[JRDON & AHERN, 11
By
l@(1w;trd Bourdon, Jr
SICI,OSTJR
BYRNS2
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. Edward Bourdon, Jr., attorney for Weldon T. Byrns, Jr. and Gertrude A. Byrns,
being first duly sworn, deposes and states:
1. That I am an attorney at law and represent Weldon T. Byrns, Jr. and Gertrude A.
Byrns.
2. That on the 30th day of January 1998, I posted notice of the application to close
that certain 8,198 square feet of excess unimproved right-of-way adjacent to 100 South Lowther
Drive on behalf of Weldon T. Byrns, Jr. and Gertrude A. Byrns for the appointment of Viewers,
and said Notice was posted at the following location:
(a) COURTHOUSE - Circuit Court of the City of Virginia Beach, Virginia,
Bulletin Board;
(b) The subject right-of-way to be closed which is adjacent to 100 South
Lowther Drive, Virginia Beach, Virginia.
3. That on the 30th day of January, 1998 and the 6th day of February, 1998, the
above referenced Notice was published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia, as evidenced by the publisher's affidavit
attached hereto.
And further the deponent saith not.
P Edward Bourdon, Jr.
Subscribed and sworn to before me this 11th day of February, 1998
Notary Public
My Commission Expires August 31, 1998
s rclOSUR
13YRNS
AFFIDAV I
PREPARED BY
SYKES CARNES BOURDON
& AHEFIN PC
A@ORNEYS AT t AW
The Voirgionia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452
affidavit Public Notice
NOTICE
PLEASE TAKE NOTICE, dw At that time, a
STATE OF VIRGINIA at the meeting of die City Cotmcn nyone
CITY OF VIRGINIA BEACH of the City of Virginia U"
Virginia, to be hold on the 24th Viewmis
to wit: day of February, 1998, at 6:00 ext @
1. Ora
at Prk matter may
This day Geradena S. Orange be PIUM-on the agenda, the
will Petition the City
personally appeared before me Of Council to vikcate, close aQ
the below discontinue the D
and after being duly sworn made Portion of a am
oath: and to report to the City Council of Vhsinia
hether in the opinion of the! abo".
(1) (He) (She) is affidavit clerk of w Jr. rd
Viewers, what, if any,
a newspaper published by Byerly @convenionce would result from Jr.
Publications, in the city of Virginia '""S' closns wd R. Edward B@, Jr., @
diw,ondnumm of same, the said Sykes, Carnes, Bourdon &
Beach, State of Virginia; portion of said street being Ahem, P.C.
(2) That the advertisement @bed as @ws:
EXCESS Pembroke One, The Fifth Floor
UNIMPROVED, Virginia Beach, Virginia 23462.
hereto annexed of UNUSED. UNNAMED RIGHT- 2989
R. Edward Bourdon OF-WAY ON THE NORTH SIDE (757)499-8971
has been published,i In said- OF SITE 3A RESUBDIVISION 5-1
OF SITE 2 & 3, SUBDIVISION
newspaper on the following OF PROPERTY OF NORMAN 2t2-6
P. SCOTT (MB 264, PGS 19 &
dates: 01-30, 02-06 20)
ALL THAT CERTAIN PIECE
OR PARCEL OF LAND
SITUATE, LYING AND BEING
IN - THE KEMPSVILLE
19 98 BOROUGH OF VIRGINIA
- BEACH, VIRGINIA as shown and
designated "50' DEDICATED 7'0
.5 or@ Affiant PRINCESS ANNE CO. IF AND
WHEN NEEDED FOR STREET
Subscribed and sworn to before (DB 857, PG 270)" on that plat
me in my city and state aforesaid entitled "RGSUBDIVISION OF
this 6th dayof Februarv SITE 2 & 3 SUBDIVISION OF
PROPERTY OF NORMAN P.
19 SCOTT" dated4/16/97, prepared
by T.E.S.. INC. which plat is
My commission expires in the Clerk's Office of the
Noyimber 30, 200@ Circuit Court of the City of
Virginia Beach, Virginia, In MM
Book 264, at Pages 19 & 20.
Notary Public
30
Item VII-I.6.
ORDINANCES ITEM # 43279
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
License Refunds - $36,171.41
voting. 10-0 (By Consent)
Council Members Voting Ave
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louiv R. Jonev, Reba,@ McClanan, Mayor
Meyera E Oberndorf, Nancy K Parkei-, Vi(c, Alave)i William D.
Sessoms, I)- and Louiva M. @lrayhorn
Council Members Voting N(i
None
Council Members Absent.
Linwood 0 Branch. III
Februa 24, 998
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Mark R. Tyler Inc 1996-97 Audit 35.17 5.48 40.65
2957 Shore Drive
Va Beach VA 23451
Viola Building Inc 1995-97 Audit 698.30 81.20 779.50
P O Box 6186
Chesapeake VA 23323
Violette, Kristie S 1996-97 Audit 20.00 1.19 21.19
3961 Rainbow Drive
Va Beach VA 23456
Virginia Beach Safety Council
P O Box 9064 1995-97 Audit 134.00 3.06 137.06
Va Beach VA 23450
c
Up J. Kellam
Commissioner of the Revenue
Approved as to form:
Searle L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $978.40 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHOFDZ[NG UCENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certff ication
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Sevens, John W. 1995-97 Audit 120.00 30.85 150.85
307 Kellam Road
Va Beach VA 23462
Siemens Business Comm Sys Inc
4900 Old Ironside Dr 454 1995-97 Audit 5,746.93 183.55 5,930.48
Santa Clara CA 95054
Silas Creek Retail Co LP 1995-97 Audit 1,372.81 115.56 1,488.37
P O Box 5437
Winston Salem NC 27113
Stringer, Kristy 1998 Audit 28.00 28.00
4412 Wellesley Court
Vs Beach VA 23456
Can
@hfllp J. Kellam
Commissioner of the Revenue
Approved as to form
tAW L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $7,597.70 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
National Bridal Service Inc
3122 W Cary Street 1995-97 Audit 380.01 18.74 398.75
Richmond VA 23221
North Star Construction Corporation
PO Box 5455 1995-97 Audit 499.47 30.74 530.21
Va Beach VA 23455
Pine, Paul D 1998 Audit 30.00 30.00
4225 Spruce Knob Road
Va Beach VA 23456
Romano, Richard (Rick) P. 1995-97 Audit 45.76 6.34 52.10
723 Virginia Avenue
VA Beach VA 23451
c
15hiRp J. Kellain-
Commissioner of the Revenue
Approved as to form:
L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,011.06 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
McGowan, Arthur G. 1996-97 Audit 12.75 1.32 14.07
156 Newtown Road A-1
Va Beach VA 23462
Morris, Sara H. 1995-97 Audit 10.00 0.61 10.61
1376 Depaul Way
Va Beach VA 23464
Mortgage Loan Services Inc 1995-97 Audit 363.30 22.36 385.66
P O Box 822
Va Beach VA 23451
Muffler Center, Inc The 1995-97 Audit 78.94 4.86 83.80
3560 Holland Road
Va Beach VA 23452
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $494.14 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Kelley, Amy N. 1995-97 Audit 10.00 0.59 10.59
2545 Entrada Drive
Va Beach VA 23456
Lindsay, Stephanie L. 1995-97 Audit 40.00 2.45 42.45
2453 N Sandpiper Road
Va Beach VA 23456
Marina Shores Ltd V 1994-95 Audit 250.86 250.86
2100 Marina Shores Drive
Va Beach VA 23451
Marshall, Thomas/Brooks, Webb
3111 Benefit Road 1995-97 Audit 38.92 5.63 44.55
Chesapeake VA 23322
Cert@ asPP
Commissioner of the Revenue
Approved as to form:
L@ L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $348.45 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Forestiere, Elaine M. 1998 01-20-98 40.00 40.00
3308 Upper Palace Green
Va Beach VA 23452
Gunners Place Inc 1995-97 Audit 69.16 11.24 80.40
904 Aragona Blvd
Va Beach VA 23455
Harrell Signs Inc 1996-97 Audit 336.58 19.18 355.76
516 S Military Hgwy #B
Va Beach VA 23464
John Hudsons Lynn Auto Sales
491 London Bridge Road 104 1996-97 Audit 11.88 0.71 12.59
Vs Beach VA 23454
CEMW as to P
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $488.75 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORONG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Emerald Isle Corporation 1995-97 Audit 24.12 0.00 24.12
4725 Boxford Road
Va Beach VA 23456
Executive Health Care PC 1995-97 Audit 71.72 11.29 83.01
4867 Baxter Road 105
Va Beach VA 23462
F W Woolworth Co Inc 1997 Audit 2,916.83 179.50 3,096.33
P O Box 2663
Harrisburg PA 17105-2663
FF Acquisition LLC 1998 01-30-98 802.78 802.78
P 0 Box 26965
Richmond VA 23261
hilip J. Kellam
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $4,006.24 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Maugeri & Beale PC 1995-97 Audit 84.34 17.62 101.96
3720 Holland Road 100
VA Beach VA 23452
Dundon Suzanne E. MD 1996-97 Audit 30.91 4.97 35.88
1209 Laskin Road
Va Beach VA 23451
Early Distributing co Inc 1996-97 Audit 377.69 22.65 400.34
5238 Challedon Drive
Va Beach VA 23462
Commissioner of the Revenue
Approved as to form:
@ L. Lil@ - -
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $538.18 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
CJE Realty Associates Inc 1998 01-26-98 1,564.86 1,564.86
1114 Wythe Lane
Va Beach VA 23451
Craver Enterprises Inc 1995-97 Audit 76.75 16.42 93.17
1209 Baker Road 313
Va Beach VA 23455
Dal Tile Corporation 1995-97 Audit 3,475.19 267.60 3,742.99
P O Box 17130 Tax Dept
Dallas TX 75217
Design Alternative Ltd 1 9N-97 Audit 10.80 1.70 12.50
512 Pinewood Square
Vs Beach VA 23451
c
J Kellam
Commissioner of the Revenue
Approved as to form:
L. Litley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $5,413.52 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
I.. w CA sm@ 3m
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refurvds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
C. S. Hines Inc 1996-97 Audit 694.73 41.88 736.61
1828 Mt. Pleasant Road
Chesapeake VA 23322
Charles Barker Toyota/Volkswagen
1877 Laskin Road 1995-97 Audit 8,656.08 446.78 9,102.86
Va Beach VA 23454
Chi chi's Inc 1995-97 Audit 49.87 7.86 57.73
P O Box 19561
Irvine CA 92623
Certified as to P
Commissioner of the Revenue
Approved as to form:
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $9,897.20 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Bryant, Yanna A. 1996-97 Audit 13.73 2.04 15.77
1115 Independence Blvd 107
Va Beach VA 23455
Burke, Charles R. 1996-97 Audit 17.87 1.10 18.97
6064 Indian River Rd 204
Va Beach VA 23464
Breez In Associates 1995-97 Audit 51.34 5.77 57.11
P O Box 61
Hopewell VA 23860
Busbee, Edwin H. 1995-97 Audit 76.70 8.23 84.93
1220 Captain Adams Court
Vs Beach VA 23455
Certified as to P
Commissioner of the Revenue
Approved as to form:
@e L.
Cit-y Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $176.78 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Balch, Mark V. 1995-97 Audit 35.00 4.53 39.53
3844 Windsor Gate Road
Va Beach VA 23452
Beach Tree Park Inc 1996 Audit 1,190.55 187.68 1,378.23
P O Box 655
Va Beach VA 23451
Beneficial Mortgage Co Of Va
300 Beneficial Center 1995-97 Audit 2,921.79 179.04 3,100.83
Peapack NJ 07977
Bratten, Marvin E. Jr. 1995-97 Audit 20.10 2.18 22.28
19000 Crystal Mountain Road
Three Forks MT 59752
Certified as to P
Commissioner of the Revenue
Approved as to form:
@ L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $4,540.87 were approved by the Council
of the City of Virginia Beach on the 24 day of February, 1998.
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certffication
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Baggett, A. W. 19W Audit 40.00 2.45 42.45
P O Box 535
Va Beach VA 23451
Amarr Company 1 9W97 Audit 528.79 83.19 611.98
P O Box 288
Winston Salem NC 27102
Bailey, Gilbert A. 1996-97 Audit 22.22 3.47 25.69
1975 Edgewood Ave
Norfolk VA 23503
Certified as to P
Commissioner of the Revenue
Approved as to form:
Cesti-e L. Utley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $680.12 were approved by the Council
of the City of Virginia Beach on the 24 day of February 1998
Ruth Hodges Smith
City Clerk
3
Item VII-J
PUBLIC HEARING ITEM # 43280
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. GEORGE NEWSOME LUXURY HOMES, L.L. C VARIANCE
2. MARK KING VARIANCE
3. KENNETH R. SIMS c/o
CUSTOM STORE CO., INC CONDITIONAL USE PERMIT
4. TALC ASSOCIATES, INC. CONDITIONAL USE PERMIT
5. SPRINT, P.C.S. CONDITIONAL USE PERMIT
6. NEXTEL COMMUNICATIONS, INC. CONDITIONAL USE PERMIT
7. ENTERPRISE RENT A CAR/LEASING CONDITIONAL USE PERMIT
OF NORFOLK/RICHMOND
8. TO-GO-INC. CONDITIONAL USE PERMIT
9. CODE OF VIRGINIA SECTION 15.2 PREAMBLE/SUBDIVISION
ORDINANCE
PREAMBLE & SECTIONS 102(6)
105(d)(e)(1), 106(a)(b), and
107(C) of the CZO.
CHESAPEAKE BAY
PRESERVATION AREA
ORDINANCE, Sections 110,
110(B) and 114(C)
Februa 24, 1998
32
Item VII-J.
PUBLIC HEARING ITEM # 43281
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jonev, City Council APPROVED in one
motion Items 1, 2, 3, 4, 5, 6, 7, 8 and 9a/b/c of the PLANNING BY CONSENT.
Voting. 10-0
Council Members Voting Aye
John A. Baurn, William W. Harrison, Jr., Harold Heischober,
Barbara A4. Henley, Louis R. Jones, Reba S A4cClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vi(,,, Afavt)i William D
Sessoms, Jr and Louisa M Stra-Vhorti
Council Members Voting Nali,
None
Council Members Absent.
Linwood 0. Branch. III
Februa?l, 24, 1998
33
Item VII-J.1.
PUBLIC HEARING ITEM # 43282
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the
Application of GEORGE NEWSOME LUXURY HOMES L.L.C., for a variance to Section 4.4 (b) of the
Subdivision Ordinance which requires that lots created by subdivision must meet all requirements of the City
Zoning Ordinance and a variance to Section 4.4(d) which requires that each lot created shall have direct
access to a public street.
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
George Newsome Luxury Homes L.L.C. Property is located at the
southeastern extremitv of Collins Lane. L YNNIIA VFN ROROIJCH.
The following conditions shall be required:
1. No construction shall be permitted within the Resource
Protection Area for Lots 3 and 4 and this must be noted
on the final plat
2. All lots in the proposed subdivision must connect to City
sewer.
3. It is agreed that the owners will widen and pave that
portion of the private drive existing and exiting onto
Little Neck Road an additional 10 feet more or less to
accommodate two-way traffic along the frontage of the
proposed Lot 5.
4. It is agreed that the owners will widen and place gravel
in the private drive approximately 10 feet more or less in
width along the north side of Lot 5 to provide two-way
traffic to the existing lots and the Lot 4.
Voting. 10-0 (By Consent)
('ouncil Members Voting Ave
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S Mc-Clanan, Mayor
Meyera E Oberndorf, Nancy K Parker. Vi(,(, Mavoi- William D.
Sessoms, Ji and Louisa M 5tra horn
('ouncil Memberv Voting Nai
None
('Ouncil Memberv Absent.
Linwood 0 Branch, III
Februarv 24. 998
34
Item VII-J.2.
PUBLIC HEARING ITEM # 43283
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the
Application of MARKING for a variance to Section 4.4(b) of the Subdivision Ordinance which requires
that all lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Mark King. Property is located at 625 Heron Point Circle,
KEMPSVILLE BOROUCJII
The following conditions shall be required:
1. The existing driveway must serve both dwellings on the
subject site. No additional driveways shall be permitted.
2. All trees outside of the limits of construction for Lot 9B
and all trees remaining on Lot 9A must be preserved.
Voting. 10-0 (By Consent)
Council Members Voting Aye
John A. Baum, William W. Harrison, Jr, liaroid Ileischober,
Barbara M. Henley, Louis R. Jones, Reba S Afc-('Ianan, Mayor
Meyera E. Oberndorf Nancy K. Parker. Vicc, Mai@ot William D.
Sessoms, Jr andlouisa M Strqvhorn
Council Members Voting Nav
None
Council Members Absent.
Linwood 0. Brant-h. III
February 24, 1998
- 35 -
Item VII-J.3.
PUBLIC HEARING ITEM # 43284
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the
Ordinance upon application of KENNETH A. SIMS, c/o Custom Store Co., Inc., for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF KENNETH R. SIMS, C/O
CUSTOM STORE COL., INC. FOR A CONDITIONAL USE
PERMIT FOR A CONTRACTOR'S STORAGE YARD R02982173
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kenneth R. Sims, c/o Custom Store
Co., Inc. for a Conditional Use Permit for a contractor's storage
yard at the southeast corner of Central Drive and Quality Court on
Parcel 43, London Bridge Industrial Park II. Said parcel contains
9.911 acres. PRflVCESS AAWE BOROUGH.
The following conditions shall be required:
1 . The conditional use permit is approved for a 5.05 acre
portion of the subject property beginning approximately
660 feet east of Central Drive, as depicted on the site
plan entitled "Preliminary Site Plan of
Office/Warehouse and Contractors Storage Yard at
Parcel 43 London Bridge Industrial Park II."
2. Fencing, landscaping and lighting shall be installed in
accordance with Section 228 of the City Zoning
Ordinance and the requirements of the Site Plan
Ordinance.
3. The site shall comply with applicable stormwater
management requirements.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Nineteen
Hundred and Ninety-Eight.
Voting: 10-0 (By Consent)
Council Members Voting Aye.-
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
February 24, 1998
- 36 -
Item VII-J.4.
PUBLIC HEARING ITEM # 43285
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, Cily Council ADOPTED the
Ordinance upon application of TALC ASSOCIATES, INC., for a Conditional Use Permit:.
ORDINANCE UPON APPLICATION OF TALC ASSOCIATES,
INC FOR A CONDITIONAL USE PERMIT FOR A
CONTRACTOR'S STORAGE YARD R02982174
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Talc Associates, Inc., for a
Conditional Use Permit for a self-storage facility on the north side
of Newtown Road, east of Lynbrook Landing. Said parcel is
located at 875 Newtown Road and contains 21,649.32 square feet.
BAYSIDEBOROUGH.
The following conditions shall be required:
1. The submitted site plan shall be revised to provide
required Category VI Landscaping on the exterior
boundaries of the mini-warehouse addition, unless a
variance is granted by the Board of Zoning Appeals. In
no case shall the required Category VI plant material be
waived along the northern and southern boundaries of
the mini-warehouse addition.
2. Category I Landscape Planting shall be installed along
those portions of the southern and eastern boundaries of
the existing mini-warehouse development that are
currently devoid of screening.
3. Colors and materials for the project must be compatible
with those of the existing mini-storage facility.
4. No additional curb cuts will be permitted from Newtown
Road Access to the new mini-warehouse buildings shall
be provided through the existing facility, as depicted on
the submitted plan.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Nineteen
Hundred and Ninety-Eight
February 24, 1998
- 37 -
Item VII-J.4.
PUBLICHEARING ITEM # 43285 (Candnued)
PLAAWING
Voting.- 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W Ha@son, Jr., Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonts, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
February 24, 1998
- 38 -
Item VII-J.5.
PUBLIC HEARING ITEM # 43286
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the
Ordinance upon application of SPRINT, P.C.S. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A
CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATION CELL TOWER R02982175
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, P.C.S., for a Conditional
Use Permit for a wireless communication cell tower on the west
side of Princess Anne Road, south of Providence Road. Said parcel
is located at 4422 Princess Anne Road and contains 4.487 acres.
KEMPSVILLEBOROUGH
The following conditions shall be required:
1. The plans submitted with this request shall be revised to
identify the tower as a 150 foot tall monopole, mirroring
the existing tower on the site and as originally proposed
to city staff. Additionally, the tower details section of the
submitted plans shall be revised to depict the locations
on the tower where additional providers' antennas can
be accommodated. A maximum separation of 15 feet
shall be provided between the applicant's antenna
arrays and those identified for future co-locators.
2. The location of the proposed tower must be shifted a
minimum of 10 feet southwestwardly towards the existing
tower to ensure the greatest separation possible between
the proposed tower and the undeveloped land situated to
the northwest. Shifting the proposed tower is also
attending to preserve additional trees on the site. The
access road to the tower will also be reduced in length
as a result of this condition.
3. Only those trees necessary to accommodate the
construction of the proposed tower and accessory
structure shall be removed from this site. All other trees
located on this property will remain undisturbed. A tree
preservation easement with no cutting permitted, except
for the requested 30' x 30' compound area, must be
established over the entire rear portion of the subject
site. The tree preservation easement shall be bounded
on the west by the limits of the "future Phase II parking
area" identified on the plan, on the east by the rear
property line, on the north and south by the existing
property lines. The easement is intended to preserve all
trees within the 180' x 167' area.
February 24, 1998
- 39 -
Item VII-J.5.
PUBLIC HEARING ITEM # 43286 (Condxued)
PLANNING
4. Prior to any land disturbance on the site, the applicant
must submit a detailed tree inventory to the Department
of Planning for review and approval. All existing trees,
within the construction area, six inches in caliper and
greater must be identified on the submitted plan.
Preservatton of existing trees is required to the greatest
extent possible. Strict limits of construction must be
maintained during the building phase of the project and
tree mitigation on a 1-1 basis is required for all trees
removed which are six inches in caliper and greater (fast
growing evergreen trees such as Leyland Cypress, 5-6
feet in height at planting, are recommended for use as
mitigation). The trees planted for mitigation are to be
established on the northern side of the property in the
area where the tower is proposed. The required trees
should be planted on 25 foot centers.
5. The proposed tower must be designed and constructed in
similar fashion as the existing monopole structure,
including the coloration, and lighting of the tower. No
strobe lighting shall be permitted without written
verification from the F.A.A. that the lighting is required
for safety purposes.
6 Future joint use, for primary and secondary tower users,
must be accommodated on this tower.
7. If the tower is not being used for accommodating
wireless communication antennas for a period of one (1)
year, it shall be removed.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the TWenty-fourth of February, Nineteen
Hundred and Ninety-Eight.
Voting.- 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W Harrison, Jr., Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndor
.f Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
February 24, 1998
- 40 -
Item VII-J.6.
PUBLIC HEARING ITEM # 43287
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the
Ordinance upon application of NEXTEL COMMUNICATIONS, INC., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEXTEL
COMMUNICATIONS, INC FOR A CONDITIONAL USE PERMIT
FOR A CO-LOCATE WIRELESS COMMUNICATION ANTENNA
R02982176
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nextel Communications, Inc. For
a Conditional Use Permit for a Co-locate Wireless communication
antenna on certain property located at the southeastern
intersection of South Rosemont Road and Dam Neck Road Said
parcel contains 2.154 acres. PR17VCESS AAWE BOROUGH.
The following conditions shall be required:
1. The approved tower must be constructed in substantial
conformance with the plans submitted to the Planning
Commission on January 14, 1998, and on file in the
Planning Department
2. The conditional use permit is approved only for the
portion of the site depicted on the submitted site plan.
The submitted plans must be revised to incorporate a
continuous landscape planting bed, with Category I
plant material, around the entire support building.
3. If the tower is not being used for accommodating
wireless communication antennas for a period of one (1)
year, it shall be removed.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgznia Beach, Virginia, on the Twenly-fourth of February, Nineteen
Hundred and Ninety-Eight
Voting.- 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessonu, Jr. and Louisa M Strayhorn
Council Members Voting Nay.-
None
Council Members Absent:
Linwood 0. Branch, III
February 24, 1998
- 41 -
Item VII-J.7.
PUBLIC HEARING ITEM # 43288
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED the
Ordinance upon application of ENTERPRISE RENT A CAR/LEASING COMPANY OF
NORFOLK/RICHMOND for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ENTERPRISE RENT A
CAR/LEASING COMPANY OF NORFOLK/RICHMOND FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE RENTALS
R02982177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Enterprise Rent A Car/Leasing
Company of Norfolk/Richmond for a Conditional Use Permit for
automobile rentals on the south side of Virginia Beach Boulevard,
West of Cleveland Avenue. Said property is located at 5329
Virginia Beach Boulevard and contains 27,673.66 square feet.
KEMPSVILLEBOROUGH
The following conditions shall be required:
1. There shall be no more than twenty-five (25) vehicles
available for rent at any given time.
2. There shall be no repair or maintenance work performed
on the vehicles on the site.
3. Street frontage landscaping shall be upgraded to comply
with the current requirements of the Site Plan Ordinance
prior to issuance of a business license.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Nineteen
Hundred and Ninety-Eight
Voting: 10-0 (By Consent)
Council Members Voting Aye.-
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
Februa?y 24, 1998
- 42 -
Item VII-J.8.
PUBLIC HEARING ITEM # 43289
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an
Ordinance upon application of TO-GO-INC., for a Conditional Use Permit for motor vehicle rentals (U-
Haul):
ORDINANCE UPON APPLICATION OF TO-GO-INC FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS
(U-HAUL) R02982178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of To-Go-Inc. for a Conditional Use
Permit for motor vehicle rentals (U-Haul) at the northeast
intersection of Virginia Beach Boulevard and Newtown Road. Said
parcel is located at 5650 Virginia Beach Boulevard and contains
1.015 acres. BA YSIDE BORO UGH.
The following conditions shall be required:
1. Truck rentals shall not be conducted on site until such
time as a revised site plan, depicting required parking
for all existing uses in addition to the proposed truck
rentals has been submitted and approved by the
Planning Department. (NOTE: This condition has
already been met by the applicant. Following the
Planning Commission meeting, a revised plat was
submitted demonstrating that all parking requirements
are met.)
2. There shall be a maximum of two rental trucks on site at
any one time, and no rental truck shall exceed seventeen
feet in length.
3. The rental trucks will be stored on the west side on the
parking lot in the designated spaces between the
convenience store and the car wash as depicted on the
submitted site plan.
4. No trucks shall be stored in required parking spaces for
the existing use(s).
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of February, Nineteen
Hundred and Ninety-Eight
February 24, 1998
- 43 -
Item VII-J.8.
PUBLIC HEARING ITEM # 43289 (Continued)
PLANNING
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
February 24, 1998
- 44 -
Item VII-J.9
PUBLIC HEARING ITEM # 43290
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinances of the City of Virginia Beach re Code of Virginia
Section 15.2:
a. AMEND the preamble of the Subdivision Ordinance.
b. AMEND the preamble and Sections 102(6),
105(d)(e)(1), 106(a)(b), and 107(c) of the City Zoning
Ordinance.
C. AMEND the Chesapeake Bay Preservation Area
Ordinance re Sections 110, 110(b) and 114(c).
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober,
Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vice Mayor William D.
Sesso?w, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III
Februa?y 24, 1998
1 AN ORDINANCE TO AMEND THE PREAMBLE
2 OF THE SUBDIVISION ORDINANCE
3 PERTAINING TO REFERENCE TO TITLE
4 15.2 OF THE CODE OF VIRGINIA
5 SECTION AMENDED: PREAMBLE
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the Preamble to the Subdivision ordinance of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to read
10 as follows:
11 AN ORDINANCE ESTABLISHING SUBDIVISION
12 REGULATIONS FOR THE CITY OF VIRGINIA BEACH,
13 PROCEDURES AND REQUIREMENTS IN RELATION TO
14 SUBDIVISION, AND PENALTIES FOR VIOLATION OF
is SUCH SUBDIVISION REGULATIONS
16 WHEREAS the planning commission has prepared and recommended
17 such an ordinance, after public notice and hearing as required;
18 therefore:
19 BE IT ORDAINED by the city council of the City of Virginia
20 Beach pursuant to the provisions of the Code of Virginia, 1950,
21 Title 15.2, Chapter 22, and for purposes set forth therein:
22 ...
23 Adopted by the City Council of the City of Virginia
24 Beach, Virginia, on this 24th day of February, 1998.
25 CA-6862
26 DATA/ORDIN/PROPOSED/PREAMBLE.ORD
27 December 1,1997
28 RI
APPROVZD AS TO CONTZNT APPROVM AS TO LZGAL
BUFFICXENCY
Department of Planning Department of Law
1 AN ORDINANCE TO AMEND THE CITY
2 ZONING ORDINANCE PERTAINING TO
3 REFERENCES TO TITLE 15.2 OF THE CODE
4 OF VIRGINIA
5 SECTIONS AMENDED: Preamble and
6 102(6), 105(d) and (e)(1), 106(a)
7 and (b), & 107(C)
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That the Preamble and Sections 102(6), 105(d) and (e)(1),
11 106(a) and (b), and 107(C) of the City Zoning Ordinance are hereby
12 amended and reordained to read as follows:
13 AN ORDINANCE ESTABLISHING ZONING REGULATIONS
14 FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, AND
15 PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT
16 AND AMENDMENT THEREOF, AND FOR THE REPEAL OF
17 ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
18 THEREWITH
19 WHEREAS, the Code of Virginia, Title 15.2, Chapter 22,
20 empowers cities to enact zoning ordinances and to provide for their
21 administration, enforcement and amendment, and states the purposes,
22 powers, and procedures for municipal zoning, and
23 WHEREAS, the Charter of the City of Virginia Beach confers on
24 and vests in the City of Virginia Beach certain general powers
25 relevant to zoning and the accomplishment of its purposes, makes
26 the planning commission responsible for recommendations to City
27 Council on all phases of city planning, including a master plan,
28 zoning and subdivision control, and provided that the commission
29 shall have the powers and duties provided by general law and such
30 other powers and duties as may be assigned by City Council, and
31 WHEREAS, this zoning ordinance has been prepared according to
32 the procedures, for the purposes, and to exercise the powers, set
33 forth in the Code of Virginia, Title 15.2, Chapter 22, and
34 the Charter of the City of Virginia Beach, and has been recommended
35 to City Council by the planning commission; therefore,
36 BE IT ORDAINED by the City Council of the City of Virginia
37 Beach:
38 ...
39 (6) Action in cases of uncertainty. Where the rules above
40 fail to clarify the status of land in a particular case,
41 the planning director, as agent of the planning
42 commission, shall interpret in such a manner as to carry
43 out the intent and purpose of this ordinance. Appeal
44 from the interpretation of the planning director in such
45 cases shall be to the board of zoning appeals, as
46 provided in the Code of Virginia, Title 15.2,
47 Chapter 22, Section 15.2-2309(1).
48 . . .
49 Sec. 105. Nonconformity.
50 . . .
51 (d) Enlargement or extension of nonconformity. No
52 nonconforming use shall be increased in magnitude. No
53 nonconforming use shall be enlarged or extended to cover a greater
54 land area than was occupied by the nonconformity on the effective
55 date of this ordinance or amendment thereto. No nonconforming use
56 shall be moved in whole or in part to any other portion of the lot,
57 parcel, or structure not occupied by the nonconformity on the
58 effective date of this ordinance or amendment thereto, and no
59 nonconforming structure shall be moved at all except to come into
60 compliance with the terms of this ordinance. No nonconforming
61 structure shall be enlarged, extended, reconstructed, or
62 structurally altered, if the effect is to increase the
63 nonconformity. As an exception to the above, any condition of
64 development prohibited by this section may be permitted by
2
65 resolution of the city council based upon its finding that the
66 proposed condition is equally appropriate or more appropriate to
67 the district than is the existing nonconformity. City council may
68 attach such conditions and safeguards to its approval as it deems
69 necessary to fulfill the purposes of this ordinance. Applications
70 for the enlargement, extension or relocation of a nonconforming use
71 or structure shall be filed with the planning director. The
72 application shall be accompanied by a fee of one hundred twenty-
73 five dollars ($125.00) to cover the cost of publication of notice
74 of public hearing and processing. Notice shall be given as
75 provided by Section 15.2-2204 of the Code of Virginia. A
76 sign shall be posted on the site in accordance with the
77 requirements of section 108 of this ordinance.
78 (e) (1) Conversion of a nonconforming use to another use. No
79 nonconforming use shall be converted to another use which
80 does not conform to this ordinance except upon a
81 resolution of the city council authorizing such
82 conversion, based upon its finding that the proposed use
83 is equally appropriate or more appropriate to the
84 district than is the existing nonconforming use. In the
85 resolution authorizing such change, the city council may
86 attach such conditions and safeguards to its approval as
87 it deems necessary to fulfill the purposes of this
88 ordinance. When any nonconforming use is converted to
89 another use, the new use and accompanying conditions of
90 development shall conform to the provisions of this
91 ordinance in each respect that the existing use conforms,
92 and in any instance where the existing use does not
93 conform to those provisions, the new use shall not be
3
94 more deficient. Any such use authorized by the city
95 council shall thereafter be subject to the provisions of
96 this section and to any conditions or restrictions
97 attached by the city council. Applications for the
98 conversion of a nonconforming use or structure shall be
99 filed with the planning director. The application shall
100 be accompanied by a fee of one hundred twenty-five
101 dollars ($125.00) to cover the cost of publication of
102 notice of public hearing and processing. Notice shall be
103 given as provided by Section 15.2-2204 of the
104 Code of Virginia. A sign shall be posted on the site in
105 accordance with the requirements of section 108 of this
106 ordinance.
107 (2) Revocation of authorization. In the event a use other
108 than the specific use authorized by the city council is
109 carried on, or any condition or restriction attached by
110 the city council is violated, intentionally or otherwise,
ill such authorization may be revoked by the city council at
112 a public hearing upon ten (10) days, written notice to
113 the owner of the property upon which the use is carried
114 on and to the operator of such use.
115 . . .
116 Sec. 106. Appeals and variances.
117 (a) The board of zoning appeals shall hear and decide appeals
118 from any order, requirement, decision, or determination made by an
119 administrative officer in the administration or enforcement of this
120 ordinance. In addition thereto, the board shall have such other
121 powers and duties as are set forth in Section 15.2-2309 of
122 the Code of Virginia; provided, however, that the board shall have
4
123 no authority to hear and decide applications for conditional use
124 permits.
125 (b) The membership, organization and procedures of the board
126 of zoning appeals shall be as set forth in Sections 15.2-
127 2308 through 15.2-2314 of the Code of Virginia, as
128 amended. In the event the board denies an application for a
129 variance, substantially the same application shall not be
130 considered by the board for a period of one (1) year from the date
131 of denial.
132 . . .
133 Sec. 107. Amendments.
134 . . .
135 (c) Planning commission action; notice of hearing. Before
136 making any recommendation on a proposed amendment, the planning
137 commission shall give notice of a public hearing thereon, as set
138 forth in Section 15.2-2204 of the Code of Virginia, as
139 amended.
140 ...
141 Adopted by the City Council of the City of Virginia Beach on
142 this 24th day of February, 1998.
143 CA-6860
144 DATA/ORDIN/PROPOSED/45-102et.ORD
145 December 1,1997
146 RI
AI?PROVED AS TO CONTZNT AFF AS TO L
SU"ICIXNCY
Department of Pl&nning Department of Law
1 AN ORDINANCE TO THE CHESAPEAKE
2 BAY PRESERVATION AREA ORDINANCE
3 PERTAINING TO REFERENCES TO CODE OF
4 VIRGINIA SECTION 15.2
5
6 SECTIONS AMENDED: §§ 110, 110(B) and
7 114(C)
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Sections 110, 110(B) and 114(C) of the Chesapeake Bay
11 Preservation Area Ordinance are hereby amended and reordained to
12 read as follows:
13 Sec. 110. Plan of developmnt process.
14 Any development or redevelopment in the Chesapeake Bay
15 Preservation Area shall be accomplished through a plan of
16 development process consistent with Code of Virginia, section
17 15.2-2286(8). Approval shall be rendered for a plan prior to
18 commencement of any land-disturbing activity on site or the
19 issuance of any building permit. Plans and information required
20 under this section may be coordinated or combined as deemed
21 appropriate by the city manager. All information required in this
22 section shall be drawn to the same scale as the preliminary site
23 plan or final subdivision plat, and certified as complete and
24 accurate by persons duly licensed by the Commonwealth of Virginia
25 to practice as such. Any applicant, or potential applicant, may
26 confer with such departments and other agencies of the city as may
27 be appropriate concerning a general development or redevelopment
28 proposal before submission of an application. Such conference
29 shall not be construed as an application for approval of such
30 proposal.
31 . . .
32 (B) Plan of development process for single-family,
33 semidetached and attached dwellings in the resource management
34 area.
35 A lot which is to be developed as one (1) single-family
36 dwelling, semidetached dwelling or attached dwelling/townhouse
37 located in its entirety within the resource management area shall
38 submit a site plan in lieu of the provisions outlined pursuant to
39 subsection (A)(1) hereof to comply with the provisions of section
40 108 of this ordinance, and shall contain the following information,
41 unless deemed unnecessary by the city manager:
42 (1) Limits of land disturbance and all areas of clearing,
43 grading, accessways and staging areas.
44 (2) Location of all approved existing and proposed septic
45 tanks and drainfield areas, including reserve areas and
46 the location of all existing and proposed wells and
47 utilities.
48 (3) Location of all erosion and sediment control devices.
49 (4) A statement that excavation material from construction
50 shall be disposed of in a lawful manner.
51 (5) The total amount of impervious surface proposed for the
52 site.
53 (6) Specifications for the protection of existing trees and
54 vegetation during clearing, grading and all phases of
55 construction.
56 (7) Revegetation schedule.
57 (8) Best management practices.
58 (9) Evidence that all applicable wetlands permits required by
59 law have been obtained prior to authorization of grading
60 or other on-site activities shall be provided.
2
61 The site plan shall be deemed to constitute a plan of development
62 review process consistent with Section 15.2-2286(8) of
63 the Code of Virginia. Additional information shall be requested and
64 reasonable and appropriate conditions shall be imposed by the city
65 manager, if necessary, to preserve the purpose and intent of this
66 ordinance.
67 . . .
68 Sec. 114. Appeals.
69 . . .
70 (C) Any party aggrieved of a decision of the board may,
71 within thirty (30) days of the date of such decision, petition the
72 circuit court to review such decision. The procedure in such cases
73 shall be as provided in section 15.2-2314 of the Code of
74 Virginia, as amended. No party having failed to appear at the
75 hearing before the board and object to the application at that time
76 shall be deemed to be an aggrieved party; provided, however, that
77 the city shall have standing to appeal any decision of the board
78 irrespective of not having appeared before the board as otherwise
79 required by this ordinance.
80 . . .
81 Adopted by the City Council of the City of Virginia Beach on
82 this 24th day of February, 1998.
83 CA-6861
84 DATA/ORDIN/PROPOSED/50-110ET.ORD
85 DECEMBER 2, 1997
86 Rl
APPROVID AS TO CONTXNT APPROVXD AS TO LZQAL
SUFFICIENCY
Department of Planning Department of Law
3
- 45 -
Item VII-K.
APPOINTMENTS ITEM # 43291
BY CONSENSUS, City Council RESCHEDULED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
VIRGINIA BEACH CRIME TASK FORCE
YOUTH SERVICES COORDINATING COUNCIL
February 24, 1998
- 46 -
CITY COUNCIL CONCERNS
ITEM # 43292
Councilman Jones referenced calls from residents of the Chick's Beach area concerning replacement of
sand.
The City Manager referenced a memorandum on the status of the Declaration of Local Emergency.
Essentially, it has not been determined at the federal level what they will do with the Emergency
Declaration, which is a statewide declaration. The state has indicated the $2.1-MILLION worth of
documented damage submitted for the public infrastructure may qualify for reimbursement. The
individual loses to residences were narrowly confined to a few small areas. It is doubtful there will be any
emergency assistance for those individuals. However, this will be determined within the next few days.
Regarding the Declaration of Local Emergency ADOPTED by City Council on February 10, 1998, this
allows the residents of Chick's Beach to begin the process of repairs and accelerates all of the "red tape"
necessary on the permitting process. This does not indicate sand will be provided to those individuals. Ways
are being investigated to attempt to provide assistance. Much of the sand has returned and the beach, in
many locations, is in rather good shape.
February 24, 1998
- 47 -
Item V-O..
ADJOURNMENT ITEM # 43293
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:40 P.M.
B oks, CMCIAAE
Chief Deputy City Clerk
---------------------------------
kuth Hodge;Smith, CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
February 24, 1998