AUGUST 4, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CrTY COUNCIL
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AUGUST 4, 1992
ITEM 1. INFORMAL SESSION Council Chauber 11:30 AM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 11. CITY MANAGER'S BRIEFINGS Council Chaffber 12:30 PM
A. REDISTRICTING/REAPPORTIONMENT
Leslie L. Lilley, City Attorney
Robert J. Scott, Director of Planning
B. PENDING ITEMS LIST REVIEW
Jams K. Spore, City Manager
ITEM 111. FORMAL SESSION Council Chanber 2;00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B- INVOCATION: Reverend Paul C. Bailey, D.D.
Virginia Beach United Methodist Church
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 SESSION - July 14, 1992
G. CITY MANAGER'S PRESENTATION
VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY
Mark Wawner, Project Development Manager, Economic Development
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. It an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia;
a. Section 5-87 re vaccination or inoculation of dogs and cats.
b. Sections 21-2 (definitions) and 21-247 (emergency vehicles)
re motor vehicle and traffic code.
c. Sections 23-11.2 re assault and battery against family or
household member and 23-45 re peeping toms.
d. Sections 32-17 (advertisement or sale of uninventoried goods)
and 32-30 (term) re going out of business sales.
e. Section 33-112 re sale of public street, alley, easement and
other public ways.
2. Ordinance to ACCEPT and APPROPRIATE a $20,000 Federal Emergency
Management Grant and provide $20,000 fmtching funds from the State
Fire Programs Fund to the Fire Department's FY 1992-1993 Operating
Budget re purchase of upgraded communications equipment for Mobile
Emergency Operations Center (MEOC); TRANSFER $80,000 from the State
Fire Prograrm Fund re replacement of existing MEOC vehicle; and,
increase estimated revenues from the Federal Government by $20,000.
3. Ordinance appointing viewers in the petition of Lawyers Title
Insurance Corporation for the closure of a portion of Jade Street
(formerly known as Jordan Street)(LYNNHAVEN BOROUGH).
4. LOW BID:
A. STUART BOLLING Bells Road/Birdneck Road $ 1,242,880.00
COMPANY, INC. Water Line Project
(CIP 5-041)
5. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
DIAMOND CAB COMPANY
BEACH TAXI, INC.
ATLANTIC LIMOUSINE, INC.
NITE LIFE MARINA, INC.
BLUE CHIP LIMOUSINE SERVICE
ALPINE LIMOUSINES OF TIDEWATER, INC.
FANTASY LIMOUSINE
6. Ordinance authorizing Coastal Virginia Bank franchise refunds in
the amount of $7,284.80.
7. Ordinance authorizing tax refunds in the amount of $1,781.54.
8. Ordinances authorizing license refunds in the amount of $17,413.76
1. RESOLUTION
1. Resolution directing the City Attorney appeal the July 15, 1992,
decision of the Board of Zoning Appeals in the matter of Edwin B.
Lindsley, Jr., to the Circuit Court of the City of Virginia Beach,
Virginia, for a variance at Morris Avenue and Katie Brown Drive
(KEMPSVILLE BOROUGH).
J. APPOINTMENTS
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
K. UNFINISHED BUSINESS
1. REAPPORTIONMENT - Discussion of five issues
a. Term of Mayor remain at four years
b. Six-month residency requirement for any candidate seeking
election to City Council
C. Size of City Council remain at eleven Meirbers
d. Boundaries be redrawn to create seven Boroughs of equal
population
e. City retain the At Large system with City-wide voting
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution re consideration of the City of Virginia Beach as a
potential site for location of the Redskinst new st,diu,.
(Sponsored by Councilman Paul J. Lanteigne)
b. Siltation of a Lynnhaven River Tributary in Little Neck
(James Mathews, sponsored by Councilman John D. Moss)
M. ADJOURNMENT
CITY COUNCIL LEADERSHIP/GOAL SETTING WORKSHOP
AUGUST 21 22, 1992
7/30/92 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginla Beach, Vlrginia
August 4, 1992
Mayor Meyera E. Obemdorf called to order the INFO@L SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 4, 1992, at 11:30
A.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Mcyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
CounciI Members Absent:
James W. Brazier, Jr, (councilman Brazier was absent due to illness)
- 2 -
rMM # 35899
Mayor Meyera E. Oberndorf entertained a motion to perinit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as arnended, for the following purposes:
1. PERSONNEL MATRERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, perforinance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments: Human Rights Conunission
Parks and Recreation Conimission
2. LEGAL Consultation with legal counsel or briefings by
staff members, consultants or aftorneys 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: City of Virginia Beach v. H. Glenn Gray, Executor, etc.
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, linwood 0. Branch, 111, Robert W. Clyburn, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
- 3 -
ITEM # 35900
Mayor Meyera E. Obemdorf RECONVENED the SESSION of the VIRGINIA BEACH CIT'Y
COUNCIL in the Council Chambers, City Hall Building, on Tuesday, August 4, 1992, at 12:30 A.M,
for the purpose of CERT'IFYING the EXECUT'IVE SESSION.
Council Members Present:
John A. Baum, Unwood 0. Branch, 111, Robert W. Clybum, Robert IC
Dean, Uuis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meycra
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Jaines W. Brazier, Jr.
August 4, 1992
4
Item E.l.
CERT71FICATION OF
EXECUTIVE SESSION FMM # 35901
Upon motion by Council Lady Parker, se-conded by Vice Mayor Sessoms, City Council CERITFIED
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,
OnIy such public business mafters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Unwood 0. Branch, 111, Robert W. Clybum, Robert K
Dean, Louis R. Jones, Patil J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy IC Parker and Vice Mayor WiUiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into E)IECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35899,
Page No. 2, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executiv.e Session was
conducted in conforrnity 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 frorn 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.
@th Hodge!r Smith, CMC/AAE
City Clerk August 4, 1992
- 5 -
CITY MANAGER'S BRIEFING
REDIKMCTING/REAPPORTTONMENT
12:35 P.M.
nEM # 35902 (Continued)
City Attomey Leslie L LiUey presented an Informational Briefing: Considerations in Changing our
Electoral System. The touchstone of any electoral system in Virginia is the Virginia Constitution.
Article VIL Section 5 provides:
Goveming bodies of cities are to be popularly elected.
Elections within the locality may be at-large or by district.
If the members are elected by district, the district shall be:
Constituted so as to give as nearly as possible representation
in proportion to the population of the district.
Comprised of contiguous and compact teffitory.
Must redistrict each 10 years
If the members are elected at-large, the provisions requiring
redistricting every 10 years are not applicable.
Upon the consolidation of the City of Virginia Beach with adjoining Princess Anne County in 1963, an
interim borough form of govemment was adopted.
Seven boroughs were forined, six corresponding to the boundaries of the
six magisterial districts of Princess Anne County and one corresponding
to the boundary of the fonner City of Virginia Beach. One member was
to he elected by and from each of the six boroughs that formerly made
up Princess Anne Country and five members were to be elected by and
from the Virginia Beach Borough.
Three boroughs (Bayside, Kempsville and Lynnhaven) were primarfly
urban;
'nree (Blackwater, Princess Anne and Pungo) were primarfly niral;
Tlie Virginia Beach Borough, centered around the ocean, beach and bay
and was primarily tourist
After an initial court challenge, a charter arnendment was approved in 1966 to provide for the election of
one council member from each of the seven boroughs and for the election of four council members at-
large, afl council members to be clected by all the voters; thus creating the Seven-Four Plan.
The Seven-four Plan was challenged, and in 1967, the United States Supreme Court affirmed the Plan,
finding:
Tlie Seven-four Plan makes no distinction on the basis of racc, creed,
or economic status or location.
The Seven-four Plan uses boroughs mcrely as the basis of residence for
candidates, not for voting or representation.
The Plan does not preserve any controlling influence of the smalicr
boroughs, but does indicate a desire for intelligent expression of views on
subjects relating to agriculture which remains a great economic factor in
the welfare of the entire population.
August 4, 1992
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CITY MANAGER'S BRIEFING
REDISTRICTING/REAPPORTIONMENT
nEM # 35902 (Continued)
Tle Court further stated, "Ile Seven-Four Plan seems to reflect a
detente between urban and rural communities that may be important in
resolving the complex problems of the modem megalopolis in relation to
the city, the suburbia, and the rural countryside".
Finafiy, the Court held "As the Plan becomes effective, if it then operates
to minimize or cancel out the voting strength of racial or political
elements of the voting population, it will be time enough to consider
whether the system stdl passes constitutional muster".
The Seven-Four Plan, as set forth in the City Charter, remains in effect - with the exception that the
charter was amended in 1987 to provide that one of the at-large seats was to be filled by a directly
elected Mayor.
Since 1967, there have been at least two studies suggesting revision of the City's electoral system:
Report of the Commission on Local Government - received October, 1985
Reconnnended a nine member Council. All members of
Council except the Mayor satisfy residence requirements tied to
eight newly drawn boroughs of equal population; members
continue to be elected by all the voters.
Recommended a directly elected Mayor with a four year terrn.
1990 report of the Mayor's Committee for Reapportionment
Recommended an eleven member Council in a combined ward
and at-large electoral system. Districts would be apportioned
more equally by population. Seven members of Council would
be elected by and from their districts; four members of Council,
including the Mayor, would continue to be elected at large.
Citizens would only vote for a Council member for their own
district and for the at-large Council members.
City Attomey LiHey advised the Basic Constitutional Premises: Equal Representation (one person-one
vote) and Racial Discrimination Prohibited.
The Voting Rights Act supplies the only federal statutory standards applicable to redistricting/modifying
electoral systems:
Its purpose is to eliminate all racially discriminatory voting rules
intentional or otherwise.
Section 2 of the Act prohibits the adoption and maintenance of
an electoral plan that results in the denial of the right to vote on
account of race, or imperinissible dilutes thc voting strength of
minority votes.
Section 5 of the Act requires pre-clearance from the U.S.
District Court for the District of Columbia or from the
Attomey General of tbe United States before implementing any
electoral plan.
August 4, 1992
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CITY MANAGER'S BRIEFING
REDIST'RICTING/REAPPORT'IONMENT
ITEM # 35902 (Continued)
Relative Administration of the Voting Rights Act:
The responsibility and authority for Section 5 pre-clearance
determinations have been delegated to the Assistant Attorney General,
Civil Rights Division - U.S. Department of Justice.
The Attorney General's pre-clearance determination of a revised
electoral system is based upon -- discriminatory effect; and
consistency with Constitutional and statutory requirements.
T'he factors the Attomey General will consider in a pre-clearance
determination are set forth in the Code of Federal Regulations as
follows:
Relevant Factors
The extent to which a reasonable and lcgitimate justification for the
change exits.
The extent to which the jurisdiction followed objective guidelincs and fair
and conventional procedures in adopting the change.
The extent to which the jurisdiction afforded members of racial and
language minority groups an opportunity to participate in the decision to
make the change.
The extent to which the jurisdiction took the concerns of members of
racial and language minority groups into account in making the change.
Background Factors
Ile extent to which minorities have been denied an equal opportunity to
participate meaningfully in the political process in the jurisdiction.
The extent to which minorities have been denied an equal opportunity to
influence elections and the decision making of elected officials in the
jurisdiction.
The extent to which voting in the jurisdiction is racially polarized and
political activities are raciafly segregated.
Tlie extent to which the voter registration and election participation of
minority votes have been adversely affected by present or past
discrimination.
Redistricting Factors
Ile extent to which malapportioned districts deny or abridge the right to
vote of minority citizens.
The extent to which minority voting strength is reduced by the proposed
redistricting.
The extent to which minority concentrations are fraginented among
different districts.
August 4, 1992
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CITY MANAGER'S BRIEFING
REDISTRICrING/REAPPORTIONMENT
ITEM # 35902 (Continued)
Redistricting Factor-s (Continued)
The extent to which available altemative plans satisfying the jurisdiction's
legitiinate govemmental interests was considered.
The extent to which the plan departs from objective redistricting criteria
set by the submifting jurisdiction, ignores otber relevant factors such as
compactness and contiguity, or displays a configuration that inexplicably
disregards available natural or artificial boundaries.
The extent to which the plan is inconsistent with the jurisdictions stated
redistricting standards.
Changes in Electoral Systems
The extent to which minority voting strength is reduced by the proposed
change.
The extent to which minority concentrations are submerged into larger
electoral units.
The extent to which available altemative systems satisfying the
jurisdiction's legitimate govemmental interests were considered.
Mr. Lilley advised other concems conveyed by Dr. Marlene Hager, General Registrar.
State law requires each voting precinct to be wholly contained within a
district used to elect the goveming body members.
Also have election districts for the General Assembly and Congressional
elections.
To avoid conftision for voters and election officials, the ideal is to avoid
splitting precinct lines between local, state and federal electoral districts.
In 1991, the U.S. Bureau of Census provided PL94-171 Population Reports and Statistics to evcry state
and locality within the state - 3 types of maps were received: pr-ecinct outline maps; Index maps; and,
block maps depicting physical features, political features such as precinct boundaries and census
features. 71be Census Data is the initial data-base of information which is necessary in formulating a
revised electoral plan. Technology exists to use this information to draw by computer any number of
potential electoral plans and produce a statistical analysis of any proposed plan - utilizing Voting Rights
Act criteria. Thc Justice Departinent utilizes such technology to analyze submissions under the Voting
Rights Act - and various interest groups use similar data in making proposals.
Mr. Lilley de@eated the first step:
Evaluate whether changes are desired.
Acquire and develop the capacity to generate computer assisted election
plan maps and statistics in Justice Department format.
City Staff should be auowed sixty (60) days to acquire this capability.
August 4, 1992
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CITY MANAGER'S BRIEFING
REDISTRICTING/REAPPORTIONMENT
ITEM # 35902 (Continued)
Simultaneous with the effort to acquire computer assisted map generating capability, the City Staff should
compfle voting history information necessary for Justice Departinent submission. The City Attomey and
the City Manager should prepare a timetable for revising the electoral plan, and, if desired, the
implementation of such a plan. Mr. LiHey requested City Council permit the City Manager and the City
Attomey to select a team of staff personnel who wifl be responsible for Council support in this process.
Mayor Obemdorf referenced discussion with the Federal Attomey General who advised her willingness
to assist, but wotild be unable to attend the City Council Session and provide a Briefing.
BY CONSENSUS, the City Council authorized the City Manager and the City A"omey to acquire
computer assisted map generating capability, prepare a timetable for revising the electoral plan, and
if, desired, the implementation of such a plan, select a team of staff personnel who will be responsible
for Council support in this process and the implementation of public input through the various ethnic and
cultural minorities in the City.
August 4, 1992
- 10 -
CITY MANAGER'S BRIEFING
PENDING rrEMS LIST REVIEW
1:30 P.M.
ITEM # 35"3
The City Manager distributed a draft of the initial Pending Items List. ne City Council Pending Items
List has been developed as a mechanism to assist in the identification, tracking and scheduling of other
than routine City Council agenda items. Ile initial Pending Items last identifies those items requiring
City Council review or approval, generally within the upcoming six months to a year. Routine updating
of the Pending Items List is planned to take place at the first Council Meeting of each month with new
projects added, schedules revised and priorities altered based on changing conditions. Through this process,
City Council wiff be advised in advance of the anticipated schedule for an item to be brought forward for
City Council's review or approval. Said list is hereby made a part of the record. Ile City Manager advised
the first item on page 2 of the Pending Items List regarding the Public Relations Services Selection
Process, has been completed. This ConuniRee wiH forward reconunendations to City Council in October
1992. Tbe Public Use Golf Course Committee will not he discussed today, August 4, 1992.
Reconimendations by the Coniminee wifl be forwarded to the Parks and Recreation Department on August
12, 1992 and the report will be presented to City Council in September.
Mayor Oberndorf referenced one of the pending items and advised invitations had been extended to
members of the General Assembly Delegation from Virginia Beach for dinner with the City Council
Wednesday, September Ninth, at 7:00 P.M. in the Conference Room of the Pavilion. This will ahow
discussion of mutual concems.
Mayor Obemdorf advised January 1, 1993, will be the Thirtieth Anniversary of the merger of the Town
of Virginia Beach and Princess Anne County to create the City of Virginia Beach (1963-1993). City
Council might wish to conunence discussions concerning the celebration of this occasion. Tle Neptune
Festival might correlate with this event. Mayor Obemdorf has been discussing with officials of the City's
Sister City, Miyzaki, Japan, the possibility of the officials visiting Virginia Beach in September rather than
May of that year for the celebration.
Mayor Obemdorf and Vice Mayor Sessoms suggested the INFORMAL SESSION be retumed to the
Council Conference Room rather than the CITY COUNCIL CHAMBER. The City Aftomey wiH prepare
an Ordinance to amend Section 2-20 of the Code of the City of Vir-ginia Beach pertaining to the time
and place of regular meetings of City Council, ADOPTED February 12, 1991, for the City Council
Session of August 11, 1992.
August 4, 1992
- 11 -
FORMAL SESSION
VIRGINIA BEACH crff COUNCIL
August 4, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tucsday, August 4, 1992, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lmteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor WiI]iam D. Sessoms, Jr.
Council Members Absent:
James W. Brazier, Jr.
INVOCATION: Reverend Paul C. Bailey, D.D.
Virginia Beacb United Methodist Church
August 4, 1992
- 12 -
I -F.
MINUTES ITEM # 35904
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clybum, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of July 14, 1992, AS CORRECTED.
Councilman Moss wished the following Disclosure noted on the bonom
of page -e of the JOINT WORKSHOP of the VIRGINIA BEACH
CITY COUNCIL and the VIRGINIA BEACH SCHOOL BOARD:
Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of
the Code of Virginia, his wife was cuffently employed by the City of
Virginia Beach School Board as a teachcr eaming an annual salary in
excess of $10,000. Councilman Moss declared he was able to participate
in the transaction fairly, objectively and in the public interest.
Councilman Moss's letter of July 14, 1992, is hereby made part of the
record.
Council Lady Parker referenced Page 55, rUM #35890,
Appointinent to the Wetlands Board.
Council Membcrs Voting for Nancy K. Parker was incorrect. The Vote
should coffectly read:
Council Members Voting for Molly Brown:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
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CITY MANAGER'S PRESENTATION
VIRGINIA BEACH INDUSTRIAL DEVELOPMENT AUTHORITY
2:00 P.M.
ITEM # 35905
Kenneth F. Palmer, Chairman - Virginia Beach Industrial Development Authority, introduced the members
of the Development Authority in attendance: Andrew S. Fine - Vice Chairman, Kenneth D. Barefoot -
Secretary, Robin D. Ray and 'Ibomas J. Lyons, Jr. The Authority has developed five (5) office and
industrial parks since 1964. The Authority has purchased, developed and retumed to the private sector,
over 1400 acres, beginning with undcveloped land, adding infrastructure, recruiting new business, and
selling land, resulting in business and industrial property valued in excess of $415-MILLION and over
1400 acres. More than 12,400 Virginia Beach citizens work in 575 companies affracted to the city by
tbe Authority's well designed office and industrial parks contributing over $18-MILLION in real estate
taxes to date. The Authority has issued 408 Industrial Revenue Bonds for a total of $840-MILLION.
nis year $88-MILLION in Industrial Revenue Bonds has been issued. Approximately $7-MILLION
has been reftmdcd. Tlere are eighty-nine (89) active projects of which twenty-one (21) are for space
in the City's industrial parks.
Chairinan Pahncr cited examples of projects and the number of new jobs created:
Projects New Jobs Created
Ticket Master 300
C & P Regional Headquartcrs 450
Lillian Vemon expansion 300
Chairman Palmer advised a proposal was issued to the Defense Department which, if successful, would
result in 7,000 jobs, approximately $245-MILLION a year and over I-MILLION squarc feet of office
space contained in 100 acres.
In accordance with new financial reporting policies, effective 1 January 1993, the Financial Statements
of the Development Authority will be included in the City's Financial Statement next fiscal year.
Page 15 of the Annual Report advised: due to thc extended recession and the infrastructure improvements
to Corporate L-anding, the City is experiencing a financial shortage and will require additional financial
support from the City. There are two options available to the City of Virginia Beach and the Virginia
Beach Development Authority:
1. Loan to the Virginia Bcach Development Authority the funds to make the
current debt payments until such time as economic conditions improve,
land sales can occur, and the loan can be repaid to the City.
2. The City of Virginia Beacb assume the loans secured by the Development
Authority with Nations Bank and take ownership of Corporate Landing,
with the Virginia Beach Development Authority and the Department of
Economic Development continuing to develop, manage and market
Corporate L-anding.
August 4, 1992
- 14 -
Item G.1
ADD-ON
ITEM # 35905
Upon motion by Councilman Jones, seconded by Councilman Clybum, City Council:
DIRECTED the City Manager to prepare a recommendation relative the
financial situation and debt service of the Virginia Beach Development
Authority by the City Council Session of September 1, 1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
- 15 -
Item H.
CONSENT AGENDA HEM # 35906
Upon motion by Vice Mayor Sessoms, seconded by Councihnan Jones, City Council APPROVED in
ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum,* Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
*Councilman Clybum ABSTAINED on Item H.6, as he is a Director of Coastal Virginia Bank .
August 4, 1992
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Item III-H-1-
CONSENT AGENDA rrEM # 35908
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
a. Section 5-87 re vaccination or inoculation of dogs and cats.
b. Section 21-2 (definitions) and 21-247 (emergency vehicles) re
motor vehicle and trafflc code.
c. Sections 23-11.2 re assault and battery against family or
household member and 23-45 re peeping toms.
d. Sections 32-17 (a&ertisement or sale of uninventoried goods)
and 32-30 (term) re going out of business sales.
e. Section 33-112 re sale of public street, alley, easement and
other public ways.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 1-inwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Jaines W. Brazier, Jr.
August 4, 1992
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 5-87 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 VACCINATION OF DOGS AND CATS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-87 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 5-87. vaccination or inoculation of dogs and cats.
11 (a) It shall be unlawful for any person to own, keep, hold or
12 harbor any dog or cat over the age of four (4) months within the
13 city, unless such dog or cat shall have been currently vaccinated
14 with a rabies vaccine, appreved by the department ef peblie health
15 licensed by the united States Department of Agriculture for use in
16 that sipecies. If, however, the requirement of vaccination or
17 inoculation threatens the physical well-being of such dog or cat,
is the owner of such dog or cat shall have a certificate signed by a
19 licensed veterinarian certifying the same and the owner shall keep
20 such dog or cat in quarantine until the same is inoculated or
21 vaccinated.
22 (b) Any person transporting a dog or cat into the city from
23 some other jurisdiction shall comply with this section within
24 thirty (30) days from the day he brings such dog or cat into the
25 city, if such dog or cat is to be kept in the city more than thirty
26 (30) days.
27 (c) The vaccination or inoculation required by this section
28 shall be administered by or under the supervision of a licensed
29 veterinarian. When so administered, the veterinarian shall issue
30 to the owner of the dog or cat a tag and a certificate of rabies
31 inoculation or vaccination, properly executed and signed by the
32 veterinarian, certifying that the dog or cat in question has been
33 inoculated or vaccinated in accordance with the provisions of this
34 section. Such tag shall be firmly attached to the dog's or cat's
3 5 collar and shall be worn at all times when the dog or cat is not on
36 the property of the owner or custodian of the dog or cat or in the
37 immediate control of some responsible person.
38 Adopted by the Council of the City of Virginia Beach, Virginia
39 on the 4th day of August 1992.
40 CA-4716
41 \ORDIN\PROPOSED\05-087.PRO
42 R-1
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 21-2 AND 21-247 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO MOTOR
5 VEHICLE AND TRAFFIC CODE
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Sections 21-2 and 21-247 of the Code of the City of
9 Virginia Beach, Virginia, are hereby amended and reordained to read
10 as follows:
11 Section 21-2. Definitions.
12 The following words and phrases, when used in this chapter,
13 shall, for the purpose of this chapter, have the meanings
14 respectively ascribed to them in this section, except in those
15 instances where the context clearly indicates a different meaning:
16 Antique motor vehicle: Every motor vehicle which was actually
17 manufactured or designated by the manufacturer as a model
18 manufactured in a calendar year not less than twenty-five (25)
19 years prior to January one of each calendar year and which is owned
20 solely as a collector's item and is used for participation in club
21 activities, exhibits, tours, parades and similar uses, but in no
22 event used for general transportation, and which has been
23 classified by the commissioner as an antique motor vehicle.
24 Bicycle: A device propelled solely by human power, having
25 pedals, two (2) or more wheels, and a seat height of more than
26 twenty-five (25) inches from the ground when adjusted to its
27 maximum height. For purposes of this chapter, a bicycle shall be
28 a vehicle while operated upon the highway.
29 Business district: The territory contiguous to a highway
30 where seventy-five (75) percent or more of the property contiguous
31 to a highway, on either side of the highway, for a distance of
32 three hundred (300) feet or more along the highway is occupied by
33 land and buildings actually in use and operation for business
34 purposes.
3 5 Chauffeur: Every person employed for the principal purpose of
3 6 operating a motor vehicle and every person who drives a motor
37 vehicle while in use as a public or common carrier of persons or
38 property.
39 Commission: The sstate ecorporation ecommission.
40 commissioner: The ecommissioner of the ddivision of fftmotor
41 vvehicles of this state the Commonwealth of Virginia.
42 Crosswalk:
43 (a) That part of a roadway at an intersection included within
44 the connections of the lateral lines of the sidewalks on
45 opposite sides of the highway measured from the curbs or,
46 in the absence of curbs, from the edges of the
47 traversable roadway.
48 (b) Any portion of a roadway at an intersection or elsewhere
49 distinctly indicated for pedestrian crossing by lines or
50 other markings on the surface.
51 Dealer: Every person engaged in the business of buying,
52 selling or exchanging motor vehicles, trailers and semitrailers in
53 this city and who has an established place of business for such
54 purpose in this city, at which place of business the books and
55 records of such dealer are kept and at which a substantial part of
56 the business of such dealer is conducted.
57 Decal:
58 (a) A device to be attached to a license lplate that validates
59 the license plate for a Predetermined registration
60 Period.
61 (b) A device to be affixed to a windshield as proof of
62 Payment of the city vehicle license fee.
63 Department: The Department of Motor Vehicles of the
64 Commonwealth.
65 The divisien ef- faetel- Ngehie3:es ef this State.
66 Driver's license: Any license, including a commercial
67 driver's license as defined in the Virginia commercial Driver's
68 Li-cense Act (S 46.2-341.1 et seg.), issued under the laws of the
69 Commonwealth authorizing the operation of a motor vehicle.
2
70 Essential parts: All integral parts and body parts, the
71 removal, alteration or substitution of which will tend to conceal
72 the identity of a vehicle.
73 Farm tractor: Every motor vehicle designed and used as a
74 farm, agricultural or horticultural implement for drawing plows,
75 mowing machines and other farm, agricultural or horticultural
76 machinery and implements, including self-propelled mowers designed
77 and used for mowing lawns.
78 Federal safety requirements: Applicable provisions of the
79 National Traffic and Motor Vehicle SafetV Act of 1966 as amended
80 (15 U.S.C. q 1381 et sea.) and all administrative regulations and
81 policies adopted pursuant thereto.
82 Gross weight: The aggregate weight of a vehicle or
83 combination of vehicles and the load thereon.
84 Highway: The entire width between the boundary lines of every
85 way or place of whatever nature open to the use of the public for
86 purposes of vehicular travel in this city, including the streets,
87 alleys and publicly maintained parking lots in the city and, for
88 law-enforcement purposes, the entire width between the boundary
89 lines of all private roads or private streets which have been
90 specifically designated "highways" by an ordinance.
91 Intersection:
92 (a) The area embraced within the prolongation or connection
93 of the lateral curb lines or, if none, then the lateral
94 boundary lines of the roadways of two (2) highways which
95 join one another at, or approximately at, right angles,
96 or the area within which vehicles travelling upon
97 different highways joining at any other angle may come in
98 conflict.
99 (b) Where a highway includes two (2) roadways thirty (30)
100 feet or more apart, then every crossing of each roadway
101 of such divided highway by an intersecting highway shall
102 be regarded as a separate intersection. In the event
103 such intersecting highway also included two (2) roadways
104 thirty (30) feet or more apart, then every crossing of
3
105 two (2) roadways of such highways shall be regarded as a
106 separate intersection.
107 (c) For purposes only of authorizing installation of traf f ic-
108 control devices, every crossing of a highway or street at
109 grade by a pedestrian crosswalk.
110 Law-enforcement officer; Any officer authorized to direct or
ill rec[ulate traffic or to make arrests for violations of Title 46.2 of
112 the Code of Virginia or citv ordinances.-
113 License plate: A device containing letters, numerals, or a
114 combination of both, attached to a motor vehicle, trailer, or
115 semitrailer to indicate that the vehicle is Properly registered
116 with the Department.
117 Light: A device for producing illumination or the
118 illumination Produced by the light.
119 Metal tires: All tires the surface of which in contact with
120 the highway is wholly or partly of metal or other hard,
121 nonresilient material.
122 Moped: A bicycle-like device with pedals and a helper motor
123 which is rated at no more than two (2) brake horsepower and which
124 produces speeds up to a maximum of thirty (30) miles per hour@.1-
125 pr-evided, heiiever-, rueh a deviee re eqaipped shall net be eigei-a@
12 6 apen any high1/2iay er- pabl:ie vehieular- ar-ea ef- this eity by an!,F
127 per-sen under- the age ef- si)cteen (3:6@. For purposes of this
128 chapter, a moped shall be a vehicle while operated upon a highway.
129 Motor vehicle: Every vehicle, as defined in this section,
13 0 which is self-propelled or designed for self-propulsion. Any
131 structure designed, used or maintained primarily to be loaded on or
132 affixed to a motor vehicle to provide a mobile dwelling, sleeping
133 place, office or commercial space shall be considered a part of a
134 motor vehicle. Any device herein defined as a "bicyclell or I'moped"
135 shall be deemed not to be a motor vehicle.
136 Motorcycle: Every motor vehicle designed to travel on not
137 more than three (3) wheels in contact with the ground and any four-
138 wheeled vehicle weighing less than five hundred (500) pounds and
139 equipped with an engine of less than six (6) horsepower, except any
4
140 such vehicle as may be included within the term "farm tractor" or
141 I'moped" as defined in this section.
142 Nonresident: Every person who is not domiciled in this state,
143 except:
144 (a) Any foreign corporation which is authorized to do
145 business in this state Commonwealth by the astate
146 ecorporation ecommission shall be deemed a resident of
147 this state Commonwealth for the purpose of this chapter;
148 provided, however, that in the case of corporations
149 incorporated in this state Commonwealth but doing
150 business without the state Commonwealth, only such
151 principal place of business or branches located within
152 this state Commonwealth shall be dealt with as residents
153 of this state the Commonwealth.
154 (b) A person who becomes engaged in gainful occupation in
155 this state Commonwealth for a period exceeding sixty (60)
156 days shall be deemed a resident for the purposes of this
157 chapter-._ except for lourposes of Chapter 3 of Title 46.2,
158 Code of Virginia.
159 (c) A person, other than a nonresident student, who has
160 actually resided in this state Commonwealth for a period
161 of six (6) months, whether employed or not, or who has
162 registered a motor vehicle, listing an address within
163 this st-ate Commonwealth in the application for
164 registration, shall be deemed a resident for the purposes
165 of this chapter.
166 Operator or driver: Every person who drives or is in actual
167 physical control of a motor vehicle upon a highway or who is
168 exercising control over or steering a vehicle being towed by a
169 motor vehicle.
170 Owner: A person who holds the legal title of a vehicle or, in
171 the event a vehicle is the subject of an agreement for the
172 conditional sale or lease thereof with the right of purchase upon
173 performance of the conditions stated in the agreement and with an
174 immediate right of possession vested in the conditional vendee or
5
175 lessee, or in the event a mortgagor of a vehicle is entitled to
17 6 possession, then such conditional vendee or lessee or mortgagor
177 shall be deemed the owner for the purpose of this chapter, except
178 that in all such instances when the rent paid by the lessee
179 includes charges for services of any nature or when the lease does
180 not provide that title shall pass to the lessee upon payment of the
181 rent stipulated, the lessor shall be reqarded as the owner of such
182 vehicle and the vehicle shall be subject to such requirements of
183 this chapter as are applicable to vehicles operated for
184 compensation; provided, however, that a "truck lessor," as defined
185 in Code of Virginia, section 46.2-100, shall be regarded as the
186 owner and his vehicles shall be subject to such requirements of
187 this chapter as are applicable to vehicles of private carriers.
188 Passenger car: Every motor vehicle other than a motorcycle
189 designed and used Primarily for the transportation of no more than
190 ten (10) Persons including the driver.
191 Pickup or Danel truck: Every motor vehicle designed for the
192 transportation of Property and having a registered gross weight of
193 7,500 pounds or less.
194 Peace or police officer: Every officer authorized to direct
195 or regulate traffic or to make arrests for violations of traffic
196 regulations.
197 Pneumatic tires: All tires inflated with compressed air.
198 Private road or driveway: Every way in private ownership and
199 used for vehicular travel by the owner and those having express or
200 implied permission from the owner, but not by other persons.
2 01 Reconstructec7 vehicle: Every vehicle of a type required to be
2 02 registered under state law, which is materially altered from its
203 original construction by the removal, addition or substitution of
204 essential parts, new or used.
205 Rescue vehicle: Any vehicle designed or utilized for the
206 principal purposes of supplying resuscitation or other emergency
207 relief where human life is endangered.
2 08 Residence district: The territory contiguous to a highway,
2 09 not comprising a business district, where seventy-five (75) percent
6
210 or more of the property contiquous to such highway, on either side
211 of the highway, for a distance of three hundred (300) feet or more
212 alonq the highway, is occupied by dwellings and land improved for
2 13 dwelling purposes, or by dwellings, land improved for dwelling
214 purposes and land or buildings in use for business purposes.
215 Revoke or revocation: Means that the document or Privilecfe
216 revoked is not sublect to renewal or restoration except through
217 re-application after the expiration of the Period of revocation.
2 18 Read tr-aet-or-: Ever-y meter- vehiele desiejned and ased fe-r-
219 draiiing ether vehieles and net se eenstrueted as te ea@y and lead-
220 thereen independently er any part ef the 1/2ieiejht ef- a vehiele
221 lead se draiip-
222 Roadway: That portion of a highway improved, designed or
223 ordinarily used for vehicular travel, exclusive of the shoulder.
2 24 A highway may include two (2) or more roadways if divided by a
225 physical barrier or barriers or unpaved area.
22 6 Safety zone: The area or space officially set apart within a
227 roadway for the exclusive use of pedestrians and which is protected
228 or is so marked or indicated by adequate signs as to be plainly
229 visible at all times while set apart as a safety zone.
230 School bus: Any motor vehicle, other than a station wagon,
231 automobile, truck or commercial bus, which is: (i) designed and
23 2 used primarily for the transportation of pupils to and from public,
2 3 3 private or parochial schools, or used for the transportation of the
2 3 4 mentally or physically handicapped to and from a sheltered
23 5 workshop; and (ii) painted yellow and bearing the words "School
236 Bus" in black letters of a specified size on the front and rear;
237 and (iii) equipped with warning devices as prescribed in Code of
2 38 Virginia, section 46.2-1090. School buses manufactured prior to
239 July 1, 1974, may continue to have the words "Stop, State Law" in
240 black letters of specified size on the front and rear.
24 1 semitrailer: Every vehicle of the trailer type so designed
242 and used in conjunction with a motor vehicle that some part of its
24 3 own weight and that of its own load rests upon or is carried by
244 another vehicle.
7
24 5 Shoulder: That part of a highway between the portion
246 regularly travelled by vehicular traffic and the lateral curb line
247 or ditch.
248 Solid rubber tires: Every tire made of rubber other than a
249 pneumatic tire.
2 50 Specially constructed vehicle: Any vehicle which shall not
251 have been originally constructed under a distinctive name, make,
252 model or type by a generally recognized manufacturer of vehicles
253 and not a "reconstructed vehicle," as defined in this section.
2 54 Superintendent: The esuperintendent of the ddepartment of
255 estate peolice of this state the Commonwealth.
256 Suspend or suspension: Means that the document or privilege
257 suspended has been temporarily withdrawn, but may be reinstated
258 following the period of suspension unless it has expired prior to
259 the end of the period of suspension.
260 Traffic infraction: A violation of law punishable as provided
261 in q46.1-113, which is neither a felony nor a misdemeanor.
2 62 Tractor truck: Every motor vehicle designed and used
263 primarily for drawing other vehicles and not so constructed as to
2 64 carry a load other than a part of the load and weight of the
265 vehicle attached thereto.
266 Traffic lane or lane: That portion of a roadway designed or
267 designated to accommodate the forward movement of a single line of
268 vehicles.
2 69 Trailer: Every vehicle without motive power designed for
270 carrying property or passengers wholly on its own structure and for
271 being drawn by a motor vehicle.
2 72 Truck: Every motor vehicle designed o transport Property on
27 3 its own structure independent of anV other vehicle and having a
274 registered gross weight in excess of 7,500 pounds.
275 Vehicle: Every device in, upon or by which any person or
276 property is or may be transported or drawn upon a highway, except
277 devices moved by human power or used exclusively upon stationary
278 rails or tracks. For purposes of this chapter, bicycles and mopeds
279 shall be vehicles while operated upon a highway.
8
280 Section 2-247. Duty of drivers upon approach of emergency
281 vehicles.
282 (a) Upon the approach of any vehicle listed in subsection (a)
283 of section 21-16, which is giving audible signal by siren, exhaust
284 whistle or air horn designed to give automatically intermittent
285 siqnals, and which is displaying a flashing, blinking or
286 alternating emergency light or lights as provided in section 21-
287 150, the driver of every other vehicle shall immediately drive his
288 vehicle to a peritien as near- as pessible and pai-a!3:e3: te the F@
289 hand edge er eur-b- the nearest edge of the roadway, clear of any
29 0 intersection ef hiejhiiays, and shall stop and remain in queh
291 pesitien there, unless otherwise directed by a peliee er traffie
2 92 law enforcement officer, until such vehicle shall have passed.
293 This provision shall not operate to relieve the driver of any such
294 vehicle f-r-em to which the right-of-way is to be yielded of the duty
295 to drive with due regard for the safety of all persons using the
296 highway nor shall it protect the driver of any such vehicle from
297 the consequences of an arbitrary exercise of such right-of-way.
298 (b) Violation of this section shall constitute failure to
299 yield the right-of-way.
3 00 Adopted by the Council of the City of Virginia Beach,
3 01 Virginia, on the 4th day of August 1992.
302 CA-4741
303 ORDIN\PROPOSED\21-002.PRO
304 R-3
9
AS TO
LECiAL SUFFICIENCY
1 AN ORDINANCE TO AMEND AND REORDAIP
2 CHAPTER 23 SECTION 11.2 PERTAINII,@
3 TO PEEPING TOMS AND SECTION 45
4 PERTAINING TO ASSAULT AND BATTERY
5 AGAINST FAMILY OR HOUSEHOLD MEMBER.
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Chapter 23 Sections 11.2 and 45 are hereby amended ad
9 reordained to read as follows:
10 Section 23-11.2. Assault and battery against family or
11 household member.
12 (a) Any person who commits an assault and battery against a
13 family or household member shall be guilty of a Class 1
14 misdemeanor.
15 (b) As used in this section, "family or household member"
16 means (i) the defendant's spouse, whether or not he or she resides
17 in the same home with the defendant, (ii) the defendant's former
18 spouse, whether or not he or she resides in the same home with the
19 defendant, (iii) the defendant's parents_ stepparents,
20 children, stepchildren,- brothers and sisters, grandparents and
21 grandchildren who reside in the same home with the defendant, (iv)
22 thedefendant'smother-in-law, father-in-law, son-in-law, daughter-
23 in-law, brothers-in-law and sisters-in-law who reside in the same
24 home with the defendant, @ (v) any person who has a child in
25 common with the defendant, whether or not the defendant and that
26 person have been married or have resided together at any time-.-or
27 (vi) any individual who cohabits or who, within the previous twelve
28 (12) months, cohabited with the person, and any children of either
29 of them residing in the same home with the defendant.
30 Sec. 23-45. Peeping toms.
31 If any person shall enter enters upon the property of another-,
32 in the night time, and secretly or furtively peeps, threugh er
33 at:teyapt t-e se peep inte er- thr-eaejh, er- spy thi=E)Uejh spies or
34 attempts to peep or spV into or through a window, door or other
3 5 aperture of any building, structure or other enclosure of any
36 nature occupied or intended for occupancy as a dwelling, whether
37 or not such building, structure or enclosure is permanently
38 situated or transportable, and whether or not such occupancy is
39 permanent or temporary, such person shall be guilty of a Class 1
40 misdemeanor.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 4 day of August 1992.
43 CA-4754
44 ORDIN\NONCODE\23-11-2.ORD
45 R-1
2
APPROVE[) AS
LEC-IAL SuvFgC
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 32-17 AND 32-
3 30 OF THE CODE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO GOING OUT OF
6 BUSINESS SALES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 32-17 and 32-30 of the Code of the City of
10 Virginia Beach, Virginia, are hereby amended and reordained to read
11 as follows:
12 Section 32-17. Advertisement or sale of uninventoried goods.
13 (a) It shall be unlawful for any person connected with a sale
14 authorized by a permit issued under this article to advertise at a
15 redueed priee or to sell- at a redueed priee, during the period
16 covered by such permit, any goods which are not specified in the
17 inventory filed pursuant to section 32-27.
18 (b) In addition to any other penalties prescribed by law, the
19 consumer protection officer shall revoke any special sale permit
20 upon proof that goods not appearing on the original inventory of
21 special sale goods filed pursuant to section 32-27 have been
22 commingled with or added to the special sale goods.
23 Section 32-30. Term.
24 Each permit issued under this division shall be valid for a
25 period of no longer than sixty (60) days and any extension of that
26 time shall constitute a new sale and shall require an additional
27 permit and inventory. An A maximum of one (1) permit
28 beyond the initial sixty-day permit may be granted solely for the
29 purpose of liquidating only those goods contained in the initial
30 inventory list and which remain unsold.
31 Adopted by the Council of the City of Virginia Beach, Virginia
32 on the 4th day of August 1992.
33 CA-4711
34 \ORDIN\PROPOSED\32-017.PRO
35 R-1
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 33-112 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 THE SALE OF PUBLIC STREET,
6 ALLEY, EASEMENT AND OTHER PUBLIC
7 WAYS.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 33-112 of the Code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained to read as follows:
12 Section 33-112. Sale of public street, alley, easement and other
13 public ways.
14 City Council, A as a condition to a vacation or abandonment,
15 may reguire the fractional Portion of its ef any eit-IF streets,
16 alleyg, easements or other public way@ to be Purchased by any t-he
17 abutting property owner or owners; re@esting the vaeatien
18 re @ red to purehase frem the eity the street, alley, easeme
19 ethei- pubile iiay fer- iihieh t-he vaeatien is r-eq1/2iestedi and pr-evided
20 that- the par-ties agi-ee as to the value ef sueh preper-ty eL- easem@
21 and the price shall be no greater than its fair inarket value or its
22 contributory value to the abutting proverty, whichever is greater-
23 or the amount agreed to by the parties. No such abandonment shall
24 be concluded until the agreed iprice has been paid. If any abuttinci
25 t)roverty owner does not make such Dayment for such owner's
26 fractional Portion within one year, or other time period made a
27 condition of the vacation or abandonment, of the City Council
28 action to vacate or abandon, the vacation or abandonment shall be
29 null and void as to any such Property owner.
30 Adopted by the Council of the City of Virginia Beach, Virginia
31 on the 4 --h day of August , 1992.
APPROVED CONTENTS
32 CA-4687
33 \ordin\proposed\33-112.pro --l URI
34 R-2
DEPARTMENT
APPROVED AS TO FC..,IM
- 17 -
Item 111-H.2.
CONSENT AGENDA rrEM # 35909
Upon motion by Vice Mayor Sessoms, seconded by Councilinan Jones, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE a $20,000 Federal
Emergency management Grant and provide $20,000 matching funds from
the State Fire Programs ftmd to the Fire Departinent's FY 1992-1993
Operating Budget re purchase of upgraded conununications equipment for
Mobile Emergency Operations Center (MEOC); transfer $80,000 from the
State Fire Programs fund re replacement of cxisting MEOC vchicle; and,
increase estimated revenues from the Federal govemment by $20,000.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, , Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Linteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $20,000 FEDERAL EMERGENCY
KANAGEMENT GRANT; TO PROVIDE A $20,000 MATCH FROM THE STATE FIRE
PROGRAMS FUND TO PURCHASE COM14UNICATIONS EQUIPMENT OF THE MOBIL]3
EMERGENCY OPERATIONS CENTER (MEOC); AND TO TRANSFER $80,000 FROM
THE STATE FIRE PROGRAMS FUND TO REPLACE THE EXISTING MEOC VEHICLE
I WHEREAS, the Virginia Beach Fire Department is responsible for
2 operating and maintaining the Mobile Emergency Operations Center (MEOC) as a
3 City-wide resource;
4 WHEREAS, the exibting MEOC vehicle iB a 30 year old converted
5 Bookmobile which has been recommended for replacement by the City Garage due to
6 increabing maintenance costs; in addition, the overall size of the vehicle makes
7 it difficult to use at the scene of incidents;
8 WHEREAS, the $80,000 needed to replace the existing MEOC vehicle is
9 available from within the Fire PrograMB Funds provided by the State;
10 WHEREAS, the Federal Emergency Management Agency (FEMA) has provided
11 the Virginia Beach Fire Department - Emergency Management Division a $20,000
12 grant to replace and upgrade the communications capabilities of the MEOC unit.
13 WHEREAS, the FEMA grant's required $20,000 match will also be
14 provided through the funds received from State Fire Programs Funds therefore
15 requiring no city funds.
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, that the $20,000 grant from the Federal Emergency
18 Management Agency (FEMA) be accepted and appropriated in the FY 1992-93 Operating
19 Budget and that the required match of $20,000 be transferred from the State Fire
20 Programs Funds to provide upgraded cormnunications equipment for the Mobile
21 Emergency Operations Center unit and that $80,000 also be transferred from the
22 State Fire Programs Funds to purchase a replacement vehicle for the Mobile
23 Emergency Operations Center.
24 BE IT FURTHER ORDAINED, that estimated revenues from the Federal
25 Government be increabed by $20,000.
26 Adopted by the City Council of the City of Virginia Beach, Virginia
27 on this day August 4, 1992.
28 Appro
ved as t@ontent
29
30
31 E. D. Block
32 Dept. of Management and Budget
33
- 18 -
Item 111-H,3.
CONSENT AGENDA rrEM # 35910
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOF'TED:
Ordinance appointing viewers in the petition of L-awyers T-itle Insurance
Corporation for the closure of a portion of Jade Street (forinerly known
as Jordan Strect).
The Viewers are:
David G. Grochmal Director of General Services
Ralph A. Smith Director of Public Works
Robert J. Scott Director of Planning
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
ORDINANCE APPOINTIMG VIEWERS
WHEREAS, Lawyers Title Insurance Corporation has given
proper notice in accordance with the statutes for such cases made,
and provided that it will on the 4th day of August, 1992, apply to
the City Council of the City of Virginia Beach, Virginia for the
appointment of Viewers to view the property described below and
report in writing to the Council whether, in the opinion of said
Viewers, what inconvenience, if any, would result from the
vacating, closing and discontinuance of that portion of Jade Street
described below, and have filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT- Robert J. Scott David M. Grochmal
and Ralph A. Smith are hereby appointed to view that
portion of Jade Street described below and report in writing to the
council, as soon as possible, whether in their opinion, what
inconvenience, if any, would result from the vacating, closing and
discontinuance of that portion of Jade Street, located in the City
of Virginia Beach, Virginia, and further described as follows:
All that portion of JADE STREET (formerly known as
Jordan Street) which is located to the northwest of
Page Avenue and extends to the mean low water line
of the Chesapeake Bay, and more particularly
described as follows: Beginning at a point located
at the extreme southwesterly corner of that portion
of Jade Street described above and also located at
the point of intersection between the northerly
right-of-way line of Page Avenue and the westerly
right-of-way line of Jade Street, which point is
further designated as "P.O.B." on the Survey
described below; thence N 271 081 1011 W a distance
of approximately 596 feet to a point on the mean
low water line of the Chesapeake Bay; thence in a
northeasterly direction along the mean low water
line of the Chesapeake Bay approximately 60 feet to
a point; thence S 271 081 loll E a distance of
approximately 595 feet to a point on the northerly
right-of-way line of Page Avenue; thence westerly
along the northerly right-of-way line of Page Avenue
a distance of approximately 60 feet to the point of
beginning; Being further designated as PORTION OF
JADE STREET TO BE CLOSED AND VACATED on the survey
entitled "PLAT SHOWING PORTION OF JADE STREET TO BE
CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH,
VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH,
VIRGINIA" dated June 23, 1992, and made by Rouse -
Sirine Associates, Ltd. (the "Survey");
PROVIDED, HOWEVER, that the public shall have full
rights of passage, solely for purposes of pedestrian
(and not vehicular) ingress and egress to and from
the Chesapeake Bay, over that certain ten (10) foot
strip of land designated on the survey as
I'lO' PEDESTRIAN RIGHT-OF-WAY" and further described
as follows: Beginning at a point located at the
extreme southwesterly corner of that portion of Jade
Street described above and also located at the point
of intersection between the northerly right-of-way
line of Page Avenue and the westerly right-of-way
line of Jade Street, which point is further
designated as "P.O.B." on the Survey; thence N 27*
081 1011 W a distance of approximately 596 feet to
a point on the mean low water line of the Chesapeake
Bay; thence in a northeasterly direction along the
mean low water line of the Chesapeake Bay
approximately 10 feet to a point; thence S 271 081
1011 E a distance of approximately 596 feet to a
point on the northerly right-of-way line of Page
Avenue; thence westerly along the northerly right-
of-way line of Page Avenue a distance of
approximately 10 feet to the point of beginning.
The Survey described above is attached hereto and made
a part hereof and is intended to be recorded with the Ordinance
closing that portion of Jade Street described above.
58014101
oav. lhb
ADOPTED: August 4, 1992
2
All that portion of JADE STREET (formerly known as Jordan
Street) which is located to the northwest of Page Avenue
and extends to the mean low water line of the Chesapeake
Bay, and more particularly described as follows:
Beginning at a point located at the extreme southwesterly
corner of that portion of Jade Street described above and
also located at the point of intersection between the
northerly right-of-way line of Page Avenue and the
westerly right-of-way line of Jade Street, which point
is further designated as "P. 0. B. " on the Survey described
below; thence N 27, 081 1011 W a distance of approximately
596 feet to a point on the mean low water line of the
Chesapeake Bay; thence in a northeasterly direction along
the mean low water line of the Chesapeake Bay
approximately 60 feet to a point; thence S 271 081 loll E
a distance of approximately 595 feet to a point on the
northerly right-of-way line of Page Avenue; thence
westerly along the northerly right-of-way line of Page
Avenue a distance of approximately 60 feet to the point
of beginning; Being further designated as PORTION OF JADE
STREET TO BE CLOSED AND VACATED on the survey entitled
"PLAT SHOWING PORTION OF JADE STREET TO BE CLOSED AND
VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN
BOROUGH - VIRGINIA BEACH, VIRGINIA", dated June 23, 1992,
and made by Rouse - Sirine Associates, Ltd. (the
"Survey"); a copy of which is attached hereto.
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on the
4th day of August, 1992 at 2:00 p.m. at the City Hall of the City
of Virginia Beach, the undersigned will petition to Council for the
appointment of viewers to view that portion of Jade Street
described below and located in the city of Virginia Beach,
Virginia, and report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing, and discontinuance of same, the said portion of
Jade Street being described as follows:
All that portion of JADE STREET (formerly known as
Jordan Street) which is located to the northwest of
Page Avenue and extends to the mean low water line
of the Chesapeake Bay, and more particularly
described as follows: Beginning at a point located
at the extreme southwesterly corner of that portion
of Jade Street described above and also located at
the point of intersection between the northerly
right-of-way line of Page Avenue and the westerly
right-of-way line of Jade Street, which point is
further designated as "P.O.B." on the Survey
described below; thence N 271 081 loll W a distance
of approximately 596 feet to a point on the mean
low water line of the Chesapeake Bay; thence in a
northeasterly direction alonq the mean low water
line of the Chesapeake Bay approximately 60 feet to
a point; thence S 27, 081 loll E a distance of
approximately 595 feet to a point on the northerly
right-of-way line of Page Avenue; thence westerly
along the northerly right-of-way line of Page Avenue
a distance of approximately 60 feet to the point of
beginning; Being further designated as PORTION OF
JADE STREET TO BE CLOSED AND VACATED on the survey
entitled "PLAT SHOWING PORTION OF JADE STREET TO BE
CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH,
VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH,
VIRGINIA" dated June 23, 1992, and made by Rouse -
sirine Associates, Ltd. (the "Survey");
PROVIDED, HOWEVER, that the public shall have full
rights of passage, solely for purposes of pedestrian
(and not vehicular) ingress and egress to and from
the Chesapeake Bay, over that certain ten (10) foot
strip of land designated on the Survey as
11101 PEDESTRIAN RIGHT-OF-WAY" and further described
as follows: Beginning at a point located at the
extreme southwesterly corner of that portion of Jade
Street described above and also located at the point
of intersection between the northerly right-of-way
line of Page Avenue and the westerly right-of-way
line of Jade Street, which point is further
designated as "P.O.B." on the Survey; thence N 271
081 1011 W a distance of approximately 596 feet to
a point on the mean low water line of the Chesapeake
Bay; thence in a northeasterly direction along the
mean low water line of the Chesapeake Bay
approximately 10 feet to a point; thence S 271 081
1011 E a distance of approximately 596 feet to a
point on the northerly right-of-way line of Page
Avenue; thence westerly along the northerly right-
of-way line of Page Avenue a distance of
approximately 10 feet to the point of beginning.
The survey described above showing that portion of Jade
Street to be closed and vacated and the 101 Pedestrian Right-of-
way may be viewed and is on f ile at the city of Virginia Beach
Planning Department.
At any time, anyone affected may appear and present his
views.
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 that portion of
Jade Street described above, subject to the Pedestrian Right-of-
way described above.
LAWYERS TITLE INSURANCE
CORPORATION
By
Of Counsel
Donald H. Clark, Esquire
Lawrence H. Bryant, Esquire
CLARK & STANT, P.C.
900 One Columbus Center
Virginia Beach, Virginia 23462
(804) 499-8800
58014101
not. lhb
IN THE MATTER OF CLOSIXG, VACATING AND DISCONTINUING THAT PORTION
OF JADE STREET WHICH IS LOCATED NORTHWEST OF PAGE AVENUE AND
EXTENDS TO THE MEAN LOW WATER LINE OF THE CHESAPEAKE BAY AND
FURTHER DESCRIBED ON THE SURVEY ENTITLED "PLAT SHOWING PORTION OF
JADE STREET TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH,
VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" DATED
JUNE 23, 1992 AND MADE BY ROUSE - SIRINE ASSOCIATES, LTD., WHICH
SURVEY IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, LAWYERS TITLE INSURANCE CORPORATION, On
behalf of HARBOUR POINT BUILDING CORP., a Virginia corporation,
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia of 1950, as amended, and subject to the
10 I Pedestrian Right-of -Way described below, the Petitioner applies
for the vacating, closing and discontinuance of that portion of
Jade street described as follows:
All that portion of JADE STREET (formerly known as
Jordan Street) which is located to the northwest of
Page Avenue and extends to the mean low water line
of the Chesapeake Bay, and more particularly
described as follows: Beginning at a point located
at the extreme southwesterly corner of that portion
of Jade Street described above and also located at
the point of intersection between the northerly
right-of-way line of Page Avenue and the westerly
right-of-way line of Jade Street, which point is
further designated as "P.O.B." on the Survey
described below; thence N 27' 081 1011 W a distance
of approximately 596 feet to a point on the mean
low water line of the Chesapeake Bay; thence in a
northeasterly direction along the mean low water
line of the Chesapeake Bay approximately 60 feet to
a point; thence S 27' 081 10" E a distance of
approximately 595 feet to a point on the northerly
right-of-way line of Page Avenue; thence westerly
along the northerly right-of-way line of Page Avenue
a distance of approximately 60 feet to the point of
beginning; Being further designated as PORTION OF
JADE STREET TO BE CLOSED AND VACATED on the survey
entitled "PLAT SHOWING PORTION OF JADE STREET TO BE
CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH,
VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH,
VIRGINIA" dated June 23, 1992, and made by Rouse -
Sirine Associates, Ltd. (the "Survey");
PROVIDED, HOWEVER, that the public shall have full
rights of passage, solely for purposes of pedestrian
(and not vehicular) ingress and egress to and from
the Chesapeake Bay, over that certain ten (10) foot
strip of land designated on the Survey as
'1101 PEDESTRIAN RIGHT-OF-WAY" and further described
as follows: Beginning at a point located at the
extreme southwesterly corner of that portion of Jade
Street described above and also located at the point
of intersection between the northerly right-of-way
line of Page Avenue and the westerly right-of-way
line of Jade Street, which point is further
designated as "P.O.B." on the Survey; thence N 271
o8l 101, W a distance of approximately 596 feet to
a point on the mean low water line of the Chesapeake
Bay; thence in a northeasterly direction along the
mean low water line of the Chesapeake Bay
approximately 10 feet to a point; thence S 271 081
1011 E a distance of approximately 596 feet to a
point on the northerly right-of-way line of Page
Avenue; thence westerly along the northerly right-
of-way line of Page Avenue a distance of
approximately 10 feet to the point of beginning.
2. That by Trustee's Deed dated December 3, 1991,
recorded in the Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 3042, at page 1158, a copy
of which is attached hereto as E hibit A, Harbour Point Building
Corp. acquired all of the underlying fee simple interest in and to
that portion of Jade Street described above; and that no
inconvenience will result to any persons by reason of said closing,
vacation, and discontinuance of said portion of Jade Street,
subject to the 10, Pedestrian Right-of-Way; and the Petitioner
prays that this Honorable Council appoint viewers as provided by
law to view said portion of Jade Street proposed to be closed and
to report in writing to the Council on or before the 4th day of
August, 1992, as to whether in the opinion of said viewers, what
inconvenience, if any, would result from the vacating,
discontinuance and closing of that portion of Jade Street described
above, subject to the 10, Pedestrian Right-of-Way.
3. That on the 10th day of July, 1992, and on the
20th day of July, 1992, notice of the presenting of this petition
was published in the Virginian Pilot, a newspaper of general
circulation in the City of Virginia Beach, Virginia.
4. That the owner of the underlying fee simple interest
in the land described in paragraph 1 of this Petition is Harbour
Point Building Corp.
Respectfully submitted,
LAWYERS TITLE INSURANCE
CORPORATION
By Q, -Uf Vounsel
2
Donald H. Clark, Esquire
Lawrence H. Bryant, Esquire
Samuel M. Kroll, Esquire
CLARK & STANT, P.C.
goo one Columbus Center
Virginia Beach, Virginia 23462
(804) 499-8800
58014101
pet.lhb
- 3 -
NOTtS:
I . AREA OF PORTION OF JADE STREET TO BE CLOSED AND VACATED = 0.82+/- ACRE
(INCLUDING PEDESTRIAN RIGHT-OF-WAY).
-OF-WAY = 0
2. AREA OF PEDESTRIAN RIGHT 14+/- ACRE.
3. G.P.I.N. : 1580-90-1222
4. ELEVATIONS FOR MEAN HIGH AND LOW WATER ARE BASED ON NATIONAL GEODERIC
VERTICAL DATUM.
CHESAPEAKE BAY
APPROXIMATE MEAN LOW@
WATER LINE ELEV.=
APPROXIMATE MEAN HIGH
WATER LINE ELEV.=2.4+/-
NOW OR FORMERLY NOW OR FORMERLY
'BAY'S EDGC CONDOMINIUM HARBOUR POINT BUILDING CORP.
(M.B. 161, P. 40-46) (D.B. 3042, P. 1158)
147, P. M.B 41, P. 52)
Do -n
(M.B. 0
S. 4 1, P. 2 m.B. 29, P. 32)
,M 5
6. 7, P.167) @M.f3. 7, P. 167)
tD . . .
ti
U =, FORME
D.' (C R
AVEN E
OCEAN
u
23 OT
(M.B.7,P.167) 4
O.'.. C)
P.O.B@
R=2262 49- R=
PAGE (60' R/w) AVENUE (M.B.7, P-167)
- C-
0)
>
0
rn U) ;u
m
co
. :A tD
0
m
z
PLAT SHOWING
PORTION OF JADE STREET TO BE CLOSED AND VACATED
BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 100' JUNE 23, 1992
ROUSE-SIRINE ASSOCIATES, LTD
SURVEYORS AND MAPPING CONSULTANTS
333 OFNCE SQUARE LANE - VIRGINIA 13F-ACH, VA 23462
0 50 100 150 200 300 FEE-R
GRAPHIC SCALE
03@a@3
3 0
T E D
ber,
THIS TRUSTEE'S DESD, made as of this 3rd day Of Decom
1991, by and among INDEPENDENT TRUSTEES OF VIRGINIA, INC.,.a
Virginia corporation, Substitute Trustee, (hereinafter referred
to as the 'Truste6'), grantor for purposes of indexing, and
HARBOUR MRNTBUILDING CORP., a Virgi&ia corporation (liereinaftel:
referred to as the9'Gr@ntee"), grantee for purposes of indexing,
wnose address is 4538 Bonney Road, Vi rginia Beach, Virginia
23462, and THE ISLAND MOTEL, INC., a Virginia corporation
(hereinafter referred to as the "Borrower"), grantor for purposes
of index@.ng.
f :t -@at (ttre'-DWed of Irru at"),
WHE@EAS, by a certain ed o r
dated October 30, 1980, recorded in the Clerk's office of tlie
Circuit Court of the City of Virginia Beach, Virginia (the
"Clerk's Office") in Deed Book 2061 at page 431, the Borrower did
grant unto J.E. Etheridge, Paul N. Lesner and L. Cleaves Malining,
Trustees, certain real property (the "Property") lying, situate
and being in the City of Virginia Beacil, Virginia, and
liereiiiafter more fully described, in trust to secur.e j@a@,nieil.I
,,f t@li(- pri,.i(-ipal tnd iiiterest of a cert.ai.ii ilot@P- (t.he ') I
@iated Octlbpi: 30, 1980, made by the tl,,ri-ower, i-efPreii(.-P t,,,l wliicli
t4(,t.e, i, litrrl,y made I,,i- a nit)i:@,
toriiis -in@i i,rt,vif:i,,ils
'PI Tis
1 5,4 (i q (i 3.12 4 ii @l t) t)
3 0 4 2 PG 5 q
WHEREAS, default was@made under the Note, causing CENIT Bank
For Savings, FSB, formerly Mutual Federal Savings and Loan
Asseciation, ag holder of the Note 4the 'Noteholder"), to request
the S!)bstitute Trustee,.having been appointed Substitute Trustee
in the place and stead of all of the Trustees named in the Deed
uf Trust by instrument dated July 27, 1990, recorded in the
clerk's office in Deed Book 1.928 at page 285, to sell the
Property in execution of the Deed of Trust; and
WHEREAS, the Substitute Trustee, in execution of the trust
contained in the de4d of Trust, and pursuant to the request of
the Noteholder, did on th6 3rd day of December, 1991, in
conformity with the terms of the Deed df Trust ancr in compliance
with all requirements of law, having first advertised the time,
place and terms of the sale, inger alia, in eight issues of Tlle
Virginian-Pilot, a newspaper published in the City of Norfolk,
Virginia and having a general circulation in the City of Virginia
Beach, Virginia, and after giving written notice of the proposed
sale by certified mail to the Borrower, then owner of the
eroperty, at their last known address as appears on the records
of the noteholder, offer the Property for sale at public auction
to the higliest bidder, for cash, according to the terms of tlle .
Deed of Trust and in compliance with all requirements of law; an,i
1,JIIEREAS, at such s-ile Delmar PropQrties, Itic., l Ilirgillia
corporation-p wa-s thL- last inid highest.l,.iiifir f,,l- tlie Property at
aiid for a price (the "Piircli,,isc Pricc') @'t (ITIF, rllLL.1014 ('14E lti!NDRFI)
T)IOUSA14D iiid 0(1/100 R)OI,LARS ($1,100,000.0t)); @ilid
3 0 4 z- PG I I b 0
Jes, Inc. has assigned and
WHEREAS, Delmar Propert
transferred to the Gr4ntee all right, title and interest of
Delmar Properties, Inc. to purchase the Property on the foregoing
terms; and
WHEREAS, the Grantee has complied with the provisions of the
aforesaid sale, has paid unto the Substitute Trustee the Purchase
Price, and has requested that the Praperty be,=nveyed to it, its
successors and asil'ign6-
W I T N E S S T H
That for and in consideration of the sum of ONE MILLION ONE
HUNDRED THOUSAND and 00/100 DOLLARS ($1,100,000.00) cash in hand
paid, @he receipt of which is hereby acknowledged, the Substitute
Trustee does hereby granil*'La'rg6iff, 'Well aiid'ft@vey, by Special
Warranty, unto the Grantee, its successors and assigns, the
following property as set forth and described in the Deed of
Trust, to-wit:
All that piece, parcel or tract of land sitiiate ill tille
City of Virginia Beach, State of Virginia, identified
as Lots 1, 2, 3, 4, 5, 6, 6A, 7 and 0, corrected plat
of Block 3 of Lynnhaven shores, recorded in Map Book
29, page 32 in the Clerk's Office of the Circuit Coxirt
of Virginia Beach; also and includiiig that portion of
Ocean Avenue north of Lots 1, 2, 3, 4, 5, 6, 6A, 7 and
8, Block 3; that portion between the easteril lihe if'
Lot 8 and the western line of Lot 1; tliat portion ot
Ocean Avenue north of Jade Street; and tliat 1)ortion t)E
Jade Street between PagL, Avenue aild Oceall Aventle
ijiclxiding that portiuil of land ilortli )f O,-Pan Iveniie.
Pxten(ling t@o the Mean l,cw Water I iilp. of tlie Cliesapeake
Ba@,; aild ftirther describe(i as-
lirGINNING at- a point wliicii was I lit@ nortllwfst
(,f PACF AVENUE aiid JAL)E STREET, I lieiice N 27, ()n
1(1" 1,4 525.0 ff.@et t(? -i i,,,iiit ,f I lie M(,ali I,,,w Watpr
,If t Ii-, (.HESAPEAKE BAY, 624.43 fpt,t,
,r I(,.Sr, along t:li(i Mean I,(,w w@it(-r Iiiif'. )f tti('
3
3 0 4 2 PG
CHESAPRUS sAY to a ooint, thence S 131 17' 16" B 600
feet i575 feet, more or less, from prior plat) to a
point on the northaide of PAGE AVENUE, thence westerly
along the northaide of PAGE AVENUE an arc digtance of.
452.48 feet from a radius of 1,872.07 feet to a point,
thence continuing along the northaide of PAGE AVENUE an
arc distance of 30,0 feet from a radius of 2,262.49
feet to the point of Beginning.
This conveyance is made subject to all encumbrances, rights,
reservations, govenants, conditions, easements, restrictions,
dedications and statutory liens, if any, having priority over the
Deed of Trust, as they may lawfully affect the Property.
WITNESS the -fo,llowing signature as of the day and year first
hereinak>ove written.
INDEPENDENT TRUSTEES OF
VIRGINZA, INC.,
SUBSTITUTE TRUSTEE
Byo
T e4@
STATE OF VIRGINIA
CITY OF NORFOLK, t,,-wit;
The foregoing instrument was acknowledged before me this
day of December, 1991 by J. Henry Godwin, III, vice
r@eside-nt of Independent Trustees of Virginia, Inc., on behalf of
the corporation as Substitute Trustee.
Notary Public
My cnmmission (-.xpiresi f k ti
-7'
4
BK 3 0 4 2 PG I I b
129465 IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN.DISTRICT OF VIRGINIA
NORFOLK DIVISION
IN RE: THE ISLAND MOTEL, INC., CASE NO. 90-2605'4-B
Debtor.
CENIT BANK F4DR SAV INGS, FSB, :
:
Plaintiff,' :
:
: CMN 91-244-B
V. :
THE ISLAND MOTEL, INC. :
Defendant,-,-
AND
HARRY m. VERGAKIS, :
:
Intervening Defendant. : @
ORDER
a
This matter came for final hearing on April 25, 1991, t
1:30 p.m., upon thj MotiOn for Relief from Automatic Stay fileci
by CENIT Bank for Savings, FSB ("CENIT"), the plaintiff here.Lri,
the Answer thereto filed by The island Motel, Inc. (the
"Debtor"), the defendant herein, and the Motion to Intervene
filed by Harry M. ',Iergakis ('Vergal@i---"), the inierveninq
Peter G. Zenianialf, Escuire
VSB No. 14922
WILLCOX & SAVAGE, P.C-
lsoo s,)vi-,iii '-@,ntor
tiorfc,ik, ',-A @35]n A TPUE
,804i 618-@-90" -CJPY -ESTE;
,,ttorney r Ly
BK 3 0 4, 2 PG b 3
defendant herein. rndr upon the evidence presented, the Court
makes the foll,owing findings of fact and conclusions-of law:
1. CENIT liolds a valid,lprmoperly-perfected, ftrst-secured
ii4n on certain real propert@ (the "Property") owned by
the Debtor, which Property is known as 3170-3174 Page
Avenue, Virginia Beach, Virginia and is more
particularly described in Exhibit "A", attached hereto.
2. 7bhe value of the Property exceeds CENIT's sectired claim
against the Debtor.
The Debtor has discontinued operation of its businesses
3. at the Property and has not obtained a contract for
sale of the Property.
4. The Debtor maintains insurance aivd security on and for
the Property.
Pursuant to the conditianal relie-f order entdked by the
Court in this contested mattpar on M4rch 18, 1991, CENIT
a plied the sum of $25,850.00, previously deposited
p ward attorney's fees, costs
Wlih CENIT by the Debtor, to
and escrow deficiency outstanding on CENI'f's loan to
the Debtor.
6. CENIT has obtained judgment in the circuit Court of the
city of Norfolk, Virginia against the Debtor's three
stockholders, who each co-signed the Debtor's
promissory note to CENIT (the "Note,,), repayment of
which Note is secured by the Property. CENIT is
actively pursuing collection of tha-, judgment.
7. Since filing its petition for relief on December 17,
1990, the Debtor has nLt paid to CENIT tlle interest
accruing on the Note.
B. The Debtor has not provided CENIT with adequerte
protection of CENIT's interest in the Property and
cause exists to modify the stay imposed by Section
362(a) of the Bankruptcy Code to oermit CENIT to
@xercise such rights and pursue such remedie., as CENI'I'
"ma-y-Tiave- againtt rhe laropert@- under the laws of.thcl
L:ommonwealth of Virginia.
Aiid i n acc@rdancp ,;itli i lie f
ronclusi,,iis It ',3w, it is
BK30 4 2 pol I b5
CERTIFICATE
I hereby certify that a true copy of this Order was sent by
first class United States mail, postage prepaid, to: J. Gray
Lawrence, Jr@, Esquire, HOWELL,'DAUGHERTY, BROWN & LAWRENCE, One
Plume Street, Norfolk, VA 23510, counsel for the Debtor; and to
Jane B. Wrightson, Esquire, HAACUS, SANTORO KOZAK, P.C., 341
High Street, P.O. Dtawer 69, Portsmouth, VA 23704, counsel for
the Intervening Defendant; this )?14 day of May, 1991.
CLRTiFiCATE OF MAILifiG-
The t)n(ler@ip:icd deptity cl,,rk cf the United
L;Otilt for ',he E,,ist,.,@n Dist,,ici
-@rtiri-:,s that a c,py ot thE
c!i tll:,i ,,s w@s niai!@j
Inis a-ite tO lie p3@ ti.'3 -,i iii in t;ie o,(ier
C)ATED: K4Y 1 5 1991
DLDtjtv.Clerk
4
BK 3 0 4 2PG I b
A
All that piece, parcel or traj;t of.land situate in the city
of Virginia Beach, State of Virgin-la, identified as Lots 1, 21 3,
4, 5, 6, 6k, 7 and 8, corrected plat of Block ' of Lynnhavpn
Shores, recorded in Map Book 29, page 32 in thej Clerk's office of
the Circuit Court of Virginia Beach; also and including that
portion of Ocean Avenue north of Lots 1, 2, 3, , 5, 6, 6A, 7 and
8 Block 3; that portion between the ea5tern line of Lot 8 and
t@e western line of Lot 1; that portion of OcL-an Avenue iiorth of
Jade Street; and that portion of Jade Street between Page Avenue
and Ocean Avenue including that portion uf land north f O,ean
Avenue extending to the Mean Low water line of the Chesapeake
Say; and further described ass
Beginning at a point which was the former-northwest corner
of PAGE AVENUE and JADE STREET, thence N 27- 08, 10' W 525.0 feet
tO a point of the Mean Low Water line of the CHES"EA.KE BA-Y,
thence e.-sterly 624.43 feet, mare ol;.iess, along the Mean Low
Water line of-the CHESAPEAKE BAY to a poi-nt, thence S 13' 17' 16
1- 600 feet (575 feet, more or less, frcm prior plat) to a point
on the northside of PAGE AVENUE, thence westerly along the
northside of PAGE AVEUEE an arc distance of 452.48 feet f@om a
radius of 1,872.07 feet to a point, thence continuing along Lhe
northside of PAGE AVENUE an arc distance of 30.0 feet from a
radius of 2,262.49 feet to the point of Beginning.
14 ... b
c-,
TFSTE
AFFIDAVIT
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Lawrence H. Bryant, attorney for Lawyers Title
Insurance Corporation, being first duly sworn, depose and state:
1. That I am an attorney at law and represent Lawyers
Title Insurance Corporation.
2. That on the 10th day of July, 1992 and on the 20th
day of July, 1992, notice of the presenting of the application to
close a portion of that certain street known as Jade Street,
located to the northwest of Page Avenue, situate in the Lynnhaven
Borough of the City of Virginia Beach, Virginia, on behalf of
Lawyers Title Insurance corporation (acting on behalf of Harbour
Point Building Corp.), was published in the Virginian Pilot, a
newspaper of general circulation in the City of Virginia Beach,
Virginia.
And further the deponent saith not.
Lawrence H. Bryant, Esquire
Subscribed and sworn to before me this @ day of july,
1992.
@&taty'PuWlic
My commission expires: 7 .3-9.3
58014101
aff.lhb
THE VIRGINIAN-PILOT STATE INVOICE DATE
35 1 07/22/92
BILLED ACCT#L AD NUMBER JINVC NUMAER
050562002 76860480 487557001
BILLED ACCOUNT
T OF
CLARK & STANT, P.C. L ED PAYMRNT BELOW
ONE COLUMBUS CENTER
900 SDVRAN BANK BLDG.
VIRGINIA BEACH, VA 23462
JISSUE EDITION INVC t4BR DESCFTIPTION SIZE GROSS AMT.
07/10/92 FULL 487557001 JADE STREET 2 X 0067 313.56
07/20/92 FULL 487557002 JADE STREET 2 X 0067 313.56
TOTAL 627.12
State o@ Vfrginia AFFIDAVIT
City of Norfolk
This day Sharon White personally appeared before me and after being duly sworn made oath that:
(1) (He) (S@e) is affidavit clerk of The Virginian-Pilot a newspaper published by Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia
Beach, State of Virginia;
(2) That the advertisement hereto annexed at JADE STREET has been published in
said newspaper during the following dates: 07/10/92 - 07/20/92
Affiant
Subscribed and sworn to before me in my city and f JULY
1992
My commission expires APRIL 30TH, 1994
ary Public
LA'
c co
I Rf
F
E D.
I
CL
9c
Vi,
CLARK F3 STANT, P. C.
DAIID H. ADA.3 ATTORNEYS AND COUNSELOP,5 AT LAW 5AMUEL M. KROLL
10 AN. BLAIR-DAITS IIOBERT M . REED
LAWRENCE H. BPIYANT ONE COLUMBU5 CENTER POBERT L. SAMUEL, ]P-.
MICHELLE P. BURCHETT C. GRIGSBY SCIFFLES
STEPHE14 W. BLIRKE VIRGINIA BEACH, VIRGINIA 23462 THOMA5 E. SNYDEP,
DONALD H. CLARK FREDERICK T. STANT, Eli
CLIFFORD A. COPPC)LA TELEPH.NE: .99-8800 CAFLOL E. SUMMEP-5
J05EPFi A. Di JULIO STEPHEN C. SWAIN-
ROBERT J. EVELEIGH FACS@..L@: (8@) -@-0395 STEPHEN C. TEST
THOMAS R. FRANTZ @lR@@ DIAL @.MBER
MICHAEL I GARDNER Al- I..-.
S. CEOFFREY GLICK
DONNA J. HALL FREDERICK T. STANT, IR.
ERIC A. HAU5EP,
THOM@ B. KELLY
O@@ F.L.
July 10, 1992
CERTIFICATE OF VESTING OE TI-TLE
I, Samuel M. Kroll, attorney for LawyerS Title Insurance
Corporation, do hereby certify that:
1. I am an attorney at law and represent Lawyers Title
Insurance Corporation, the Petitioner.
2. If the property described below is discontinued,
closed and vacated as a street by the Council of the City of
Virginia ]3each, Virginia, then fee simple title to said property
shall vest in Harbour Point Building Corp, which is the owner of
the underlying fee simple interest in the property described below.
The said property referred to herein is hereby described
as follows:
All that portion of JADE STREET (formerly known as Jordan
Street) which is located to the northwest of Page Avenue
and extends to the mean low water line of the Chesapeake
Bay, and more particularly described as follows:
Beginning at a point located at the extreme southwesterly
corner of that portion of Jade Street described above and
also located at the point of intersection between the
northerly right-of-way line of Page Avenue and the
westerly right-of-way line of Jade Street, which point
is further designated as "P.O.B." on the Survey described
below; thence N 27@ 081 loll W a distance of approximately
596 feet to a point on the mean low water line of the
Chesapeake Bay; thence in a northeasterly direction along
the mean low water line of the Chesapeake Bay
approximately 60 feet to a point; thence S 27' 081 10" E
a distance of approximately 595 feet to a point on the
northerly right-of-way line of Page Avenue; thence
westerly along the northerly right-of-way line of Page
Avenue a distance of approximately 60 feet to the point
CLAP,K 8 STANT, P. C.
of beginning; Being further designated as PORTION OF JADE
STREET TO BE CLOSED AND VACATED on the survey entitled
"PLAT SHOWING PORTION OF JADE STREET TO BE CLOSED AND
VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN
BOROUGH - VIRGINIA BZACH, VIRGINIA", dated June 23, 1992,
and made by Rouse - Sirine Associates, Ltd. (the
'-Survey--); a copy of which is attache 0.
$a@l t4 @rbll, Attorney
Y' -i7
r@w ers itle Insurance
Corporation
58014101
... t.lhb
NOTES:
1 . AREA OF PORTION OF JADE STREET TO BE CLOSED AND VACATED = 0.82+/- ACRE
(INCLUDING PEDESTRIAN RIGHT-OF-WAY).
2. AREA OF PEDESTRIAN RIGHT-OF-WAY = 0.14+/- ACRE.
3. G.P.I.N. : 1580-90-1222
4. ELEVATIONS FOR MEAN HIGH AND LOW WATER ARE BASED ON NATIONAL GEODETIC
VERTICAL DATUM.
CHESAPEAKE BAY
APPROXIMATE MEAN LOW@
WATER LINE ELEV.=O.O+/-
ROXIMATE MEAN HIGH
T- LINE ELEV.=2.4+/-
R
14 z
'DO*
.mo
NOW OR FORMERLY -A NOW OR FORMERLY
+
'BAY'S EDGr' CONDOMINIUM C) HARBOUR POINT BUILDING CORP.
rTi
z 2
(M.B. 161, P. 40-46) K:
m (D.B. 304 P. 1158)
(M.B. 147, P. 19) 0. M.B. 41 P. 52
B. 41, P. 52 OD M B. 29
7, P. I
B
M@ 67)
P. 32
E- @M.B. 7, P. 167@
rrl
rn
Ln- (y
;u FORMER OCEAN
AVENUE
23
(M.B.7,P.167) 3 4
2)
10,.1 0
R=2262.49' R= 872.07'
PAGE (60' R/w) AVENUE (M.B.7, P-167)
c-
>
0;u
;,u 70
m U)
m
co 50 tD
0 m
m
z 74
cn
PLAT SHOWING
PORTION OF JADE STREEF TO BE CLOSED AND VACATED
BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
LYNNHAVEN BOROUGH - ARGINLA BEACH, VIRGINIA
SCALE: 1" = 100' JUNE 23, 1992
ROUSE-SIRINE ASSOCIATES, LTD
SURVEYORS AND MAPPING CONSULTANTS
333 OFFICE SQUARE LANE - VIRGINIA BEACH, VA 23462
0 50 100 150 200 300 FEER
GRAPHIC SCALE
19 -
t
CONSENT AGENDA rrEM # 35911
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
LOW BID:
A. STUART BOLLING Bell's Road/Birdneck Road $1,242,880.00
COMPANY, INC. Water Line Project
(CIP5-041)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Unwood 0. Branch, III, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor Wifliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Jaines W. Brazier, Jr.
August 4, 1992
20 -
t
CONSENT AGENDA ITEM # 35912
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
DL4mOND CAB COMPANY
ATIANTIC LIMOUSINE, INC.
NITE LIFE MARINA, INC.
BLUE CHIP LIMOUSINE SERVICE
ALPINE LIMOUSINES OF TIDEWATER, INC.
FANTASY LIMOUSINE
The application of BEACH TAXI, INC. was removed from the Agenda.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancb, 111, Robcrt W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lantcigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
- 21 -
Item 111-H.6.
CONSENT AGENDA rrEM # 35913
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing Coastal Virginia Bank franchise refunds in the
amount of $7,284.80.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, Louis R.
Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf,
Nancy K Parker and Vice Mayor Wifliain D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clybum,
Council Members Absent:
James W. Brazier, Jr.
Councilman Clybum ABSTAINED as he is a Director of Coastal Virginia Bank
August 4, 1992
AN ORI)INAUCE AUTIIOEIZING BANK FRANCIIISE BEI,'UNDS
UPON APPI,ICATTON i)F CERTAIN PERSONS AND
UPON CEB'i'IFICATION OF THE COMMISSIONER
OF TIIE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following a,pplications for Bank Franchise Tax refunds, upon
certification of the Commissioner of the Revenue are hereby approved:
NAME TAX DATE BASE PEBALTY INT TOTAL
YEAR PAID
COASTAL VIRGINIA BANK 1990 5/31/90 $21,816.00 ------ --- $21,816.00
5472 Indian River Road Amount Tax Due ---- --- 18,735.54
Virginia Beach, Va.23464 Amount Overpaid ........... @ 3,080.46
1991 5/10/91 $12,285.56 ------ --- $12,285.56
Amount Tax Due ---- --- 8,081-.22
Amount Overpaid ........... 4 204.34
Total Refund Due $ 7,2P4.80
Certified as to Payment:
@6ert P.- Va@,ffian
Commissione@of the Revenue
Approved as to form:
Leewlie L. -L2Aley
City Attor e y
his ordinance shall be effective from date of
doption.
he above abatement(s) totaling7,284.80 -were approved by the Council of the
ity of Virginia Beach on the Fourthday of August 19 92
uth Hodges Smith
ity Clerk
- 22 -
Item 111-H.7-
CONSENT AGENDA rrEM # 35914
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing tax rcfunds in the --nt of $1,781.54 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Unwood 0, Brancb, Ill, Robert W. Clybum, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
FORM NO. C.A. 7 7/ 14/ 92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Fourth Commerce Properties 92 RE(2/2) 38530-8 3/27/92 302.66
Whitaker & McCormick 92 RE(1/2) 27129-8 4/2/92 467.62
Lomas Mortgage USA 92 RE(1/2) 16358-3 11/25/91 133.52
Glenda J. Pugh 91 RE(1/2) 92410-1 12/5/90 675.29
Pavilion Center Associates 91 RE(1/2) 88167-4 12/5/90 82.50
First Union Mortgage 90 RE(1/2) 121987-2 12/1/89 21.99
First Union Mortgage 90 RE(2/2) 121987-2 5/31/90 21.99
First Union Mortgage 91 RE(1/2) 123366-8 11/26/90 23.22
First Union Mortgage 91 RE(2/2) 123366-8 6/5/91 23.22
First Union Mortgage 92 RE(1/2) 124192-5 11/26/91 24.53
Patsy V. Rocco 92 Dog V18802 7/13/92 5.00
Total 1,781.54
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
$1,781.54 were approved by
the Council of the City of Virginia
Beach on the@ day of st, t992
asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
Li
- 23 -
II - .8.
CONSENT AGENDA rrEM # 35915
Upon motion by Vice Mayor Sessoms, seconded by Councilinan Jones, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $17,413.76 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Batun, Unwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy V- Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
FORM NO, C,A. 8 REV,
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:
License Date Base Penalty lnt. Total
NAME Year Paid
E. W. Kirby Tnc- 1992 Audit 318.22 318.22
T/A John Senters TV
5020 Cleveland street
Virginia Beac!h, VA 23462
Gilbert P. Young PC 1991 Audit 129-90 129.90
4305 Thoroughgood Drive
Virginia Beach, VA 23455
J. D. wells Inc. 1990-91 Audit 388.27 388.27
1377 London Bridge Road
virginia Beach, VA 23456
La Pizzeria Inc. 1992 6/12/92 50.00 50.00
T/A La Pizzeria-Atl. Ave.
2273 Calvert Street
virginia Beach, VA 23451
Certified as to
obert P. Vaughan
Commissioner of the Revenue
Approved as to torm:
@eslfe- L. @iller
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 886. 39 were approved by the Council
of the City of Virginia Beach on the4day of August 92
19
Ruth Hodges Smith
City Clerk
KMM NO. CA 5 FIEV,
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:
License Date Base Penalty lnt. Total
NAME Year Paid
Limited Express Tnc- 1991 3/26/92 1,600.00 1,600.00
P.O. Box 181000 Tax Dept.
Columbus, OH 43218
Pollak, Andrea M. 1990-91 Audit 78.00 78.00
T/A Andreas Discounts
2913 Finch Avenue
Virginia Beach, VA 23456
Shaw, Gerald E. 1988-89 Audit 30.00 30.00
T/A Jerry's Lawn & Tree Service
684 Charlecote Drive
Virginia Beach, VA 23462
Certified as to Payment:
evenue
Approved as to form:
@s i i e@ L. L i il-e
("ity Attorney
This ordinance shall be eflective from date of
adoption.
The above abatement(s) totaling $ 1,708-00 were approved by the Council
4 August 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. CA 8 REV. aM
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 Int. Total
Year Paid
Signal Systems Inc. 1991-92 Audit 48.04 48.04
4936 Cleveland Street #110
Virginia Beach, VA 23462
Superfos Tnvestment Ltd- 1990-91 Audit 13,596.78 13,596.78
1206 Laskin Road #206
Virginia Beach, VA 23451
William E. Wood & Assoc. Inc.
1805 Kempsville Road 1991-92 Audit 385.73 385.73
Virginia Beach, VA 23464
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
Les-lie L. Lifey-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 14,030, 55 were approved by the Council
of the City of Virginia Beach on the4day of August 19 92
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 REV.
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 C[Ty OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Altman, William E. & D. Wickman
T/A Weaco Enterprises 1990-91 Audit 172.18 172.18
2512 Las Brisas Drive
Virginia Beach, VA 23456
Executive Services Inc. of VA
4936 Cleveland Street #201 1991-92 Audit 404.42 404.42
Virginia Beach, VA 23462
Executive Services Paging Co.
4936 Cleveland Street 4205 1991-92 Audit 212.22 212.22
Virginia Beach, VA 23462
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
@L. LilTey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 788.82 were approved by the Council
4 August 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
- 24 -
Item 111-1.1.
ADD-ON rMM # 35916
Mayor Obemdorf referenced the Woodland Neighborhood (Barberton Area) Water/Sanitary Sewer
Service.
The City Manager had distributed a copy of his Memorandum dated July 30, 1992, which is hereby made
a part of the record. On February 11, 1992, the City adopted an ordinance declaring a water supply
emergency and establishing an interim program for the conservation of the public water supply pending
completion of the Lakc Gaston project. Thirty neighborhood water projects have been deferred; twelve
of the neighborhood water projects have companion sanitary sewer projects. On June 25, 1992, a
meeting was held with the residents in the Woodland neighborhood. The purpose of the meeting was
to advise the residents that the City would be unable to proceed with construction of public water service
at this time, but if the neighborhood desired for the City to proceed with public sanitary sewer, then the
City would proceed with the sewer project. However, it is necessary that a request be received in writing
from a majority of the property owners asking the City to proceed at this time. 'ne area is now being
surveyed by the Department of Health. If the survey determines that the groundwater quality is adverse
to public health, the City wiU recommend that public water facilities be built at the same time as public
sanitary sewer. 'ne results of this testing should be received by August 4, 1992.
The City Manager advised Mayor Obemdorf this information has been shared with Senator Stolle'.
Councilman Lanteigne requested the City Manager, through the CIP process, to develop a time frame
when all Class One health hazards would be eliminated in tbis City.
August 4, 1992
- 25 -
Item 111-1.2.
RESOLUTION rrEM # 35917
The following spoke in SUPPORT of the Resolution:
B. H. Pat Bridges, Jr., 557 Longleaf Road, Phone: 340-1829
Attomey Jeffrey Beaton, 1064 Laskin Road, Suite 22C, Phone: 428-1175, represented the Virginia Beach
Anti-Billboard Coalition.
Les K. Fenion, 2224 Scallop Road, Phone: 488-2501, represented the Great Neck Association of Civic
Leagues
Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, President - Virginia Beach Council of Civic
Organizations.
Rae H. LeSesne, 5325 Thomburg Lane, Phone: 497-8008
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538
The following spoke in OPPOSMON to the Resolution:
Attomey William B. Smith
Attomey Jeffy Mack Douglas, Jr., 4356-2 Bonney Road, Suite 103, Phone: 340-1919
Attomey Roy B. Martin, III
Jinunie S. Fant
James M. Beverly
Edwin B. Lindsley, Jr. 317-C First Colonial Road.
Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED:
Resolution directing the City Attomey appeal the July 15, 1992, decision
of the Board of Zoning Appeals for the matter of Edwin B. ILAndsley,
Jr., to the Circuit Court of the City of Virginia Beach, Virginia, for a
variance at Morris Avenue and Katie Brown Drive (KEMPSVILLE
BOROUGH).
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert IC Dean, Izuis R.
Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clybum
Council Members Absent:
James W. Brazier, Jr.
Council Lady Parker DISCL4DSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, she and
her husband own property at 604 Goldsboro Avenue, which is valued in excess of $10,000 and which is
the subject of a suit brought against them by Alvord Corporation, whose President and Treasurer is Edwin
B. Undsley, Jr. Council Lady Parker declared she was able to participate in the transaction fairly,
objectively and in the public interest. Council Lady Parker's letter of August 3, 1992, is hereby made a
part of the record.
August 4, 1992
1 A RESOLUTION DIRECTING THE CITY
ATTORNEY TO APPEAL THE JULY 15,
2 OF THE BOARD OF ZONING
3 1992 DECISION
4 APPEALS IN RE: APPLICATION OF EDWIN
5 B. LINDSLEY, JR., FOR A VARIANCE
6 [PARCEL NORTH SIDE MORRIS AVENUE AND
7 PARCEL SOUTH SIDE OF KATIE BROWN AT
8 THE EASTERN TERMINUS WITH THE
9 VIRGINIA BEACH/NORFOLK EXPRESSWAY-
10 KEMPSVILLE BOROUGH]
11 WHEREAS, On JulY 15, 1992, the Board of Zoning Appeals granted
12 the request of EdWin B. Lindsley, Jr. to transfer a conditional use
13 permit for a billboard from a parcel located on the north side of
14 Morris Avenue near its eastern terminus with the Virginia
15 Beach/Norfolk Expressway in the KemPsville Borough to another
16 parcel located on the south side of Katie Brown Drive near its
17 eastern terminus with the Virginia Beach/Norfolk Expressway in the
18 Kempsville Borough in Virginia Beach and a variance from the
19 requirements of Sections 214, 215 and 216 of the City Zoning
20 ordinance; and
21 WHEREAS, City Council desires to appeal the decision of the
22 Board of Zoning Appeals to the Circuit Court of the City of
23 Virginia Beach.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That the office of the City Attorney is hereby directed to
27 appeal the July 15, 1992 decision of the Board of Zoning Appeals in
28 Re: Application of Edwin B. Lindsley, Jr., for a variance.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on this day of August, 1992.
31 CA-4778
32 Noncode\Lindsley.Res
R-1
Ci-t@ c3f @ilrg4i@i@
NANCY K. PARKER 604 GOLDSBORO AVENUE
COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 23451
AT-LARGE (804) 425-1589
August 3, 1992
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smidi:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virg@, I make the forowing declaration:
1. The transaction for which I am executing this written disclosure is the Council
consideration of a resolution directing the City Attomey to appeal the July 15,
1992, decision of the Board of Zoning Appeals regarding the application of
Edwin B. Lindsley, Jr. for a variance.
2. The nature of my personal interest is that my husband and I own property at
604 Goldsboro Avenue which is valued in excess of $10,000 and which is the
subject of a suit brought against us by Alvord Corporation, whose President
and Treasurer is Edwin B. Lindsley, Jr. However, the property my husband
and I own is not the subject of the transaction before City Council nor will we
realize a reasonably foreseeable direct or indirect benefit or detriment as a
result of Council's consideration of the resolution.
Mrs. Ruth H. Sniith, CMC/AAE -2- August 3, 1992
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
3. Although the City Attomey has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare diat I arn able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nancy K. Parker
Councilwoman
NKP/clb
Enclosure
LESL EL L LLEY U@IC!PIL C@IP
C T' II IORNEI VIRGI@ I BEIC@ '@ 23156 9001
(80@) @21 @531
F.@ (80@) @26 5681
August 3, 1992
Councilwoman Nancy K. Parker
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act Opinion
Dear Councilwoman Parker:
I ain writing in response to your request for an opinion as to whether you may
participate in City Council's discussion and vote on a resolution directing the City Attomey
to appeal the July 15, 1992, decision of the Board of Zoning AppeaIs regarding the
apphcation of Edwin B. Lindsley, Jr. for a variance. The resolution is scheduled for
consideration by City Council at its August 4, 1992, meeting.
S Y/CONCLUSION:
From my review of the Conflict of Interests Act and the inforination provided by you,
I am of the opinion diat you do not have a personal interest in the transaction of Council
concerning its consideration of the resolution directing the City Attomey to appeal the July
15, 1992, decision of the Board of Zoning Appeals regarding the apphcation of Edwin B.
Lindsley, Jr. for a variance. Thus, you may vote on this matter without restriction. For
your information, I have outlined the disclosure requirements of SS 2.1-639.14(G) should you
desire to disclose your interest and vote; I have also set forth the apphcable provisions for
abstention set forth in SS 2.1-639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the fohowing facts which you have presented.
Please review and verify the accuracy of the facts as set fordi as you may only rely upon this
opinion if diey are correct and complete.
Councilwoman Nancy K. Parker -2- August 3, 1992
Re: Conffict of Interests Act Opinion
FACTS PRESENTED:
Your request for an advisory opinion is generated by City Council's consideration on
August 4, 1992, of a resolution directing the City Attomey to appeal the July 15, 1992,
decision of the Board of Zoning Appeals regarding the application of Edwin B. Lindsley, Jr.
for a variance. In his application, Mr. Lindsley requested the transfer of a conditional use
permit for a billboard from a parcel located on the north side of Morris Avenue near its
eastem temiinus with the Virginia Beach/Norfolk Expressway to anodier parcel located on
the south side of Katie Brown Drive near its eastem terminus widi the Expressway. Mr.
Lindsley also requested a variance from the requirements of SSSS 214, 215, and 216 of the
City Zoning Ordinance regarding signs.
You have advised that your concem and reason for requesting this opinion is diat you
and your husband are the defendants in a suit filed by Alvord Corporation clainiing damages
in excess of $10,000 and involving your residence located at 604 Goldsboro Avenue, in
which you and your husband have an interest exceeding $10,000 in value. According to
records at the State Corporation Comniission, Mr. Lindsley is the President and Treasurer
of Alvord Corporation.
ISSUE:
Are you precluded from participating in City Council's discussion and vote on the
resolution directing the City Attomey to appeal the July 15, 1992, decision of the Board of
Zoning Appeals regarding the apphcation of Edwin B. Lindsley, Jr. for a variance?
DISCUSSION:
1. A12plicable Definitions of @ 2.1-639. 1.
A. City Council is a govenimental agency, as it is a legislative branch of local
goveniment as defined in SS 2.1-639.2 of the Virginia State and Local Govermnent Conffict
of Interests Act.
B. You are an officer widiin the meaning of SS 2.1-639.2 of the above-referenced Act.
Councilwoman Nancy K. Parker -3- August 3, 1992
Re: Conflict of Interests Act Opinion
C. Council consideration of the resoludon directing the City Attomey to appeal the
July 15, i992, decision of the Board of Zoning Appeals regarding the application of Edwin
B. Lindsley, Jr. for a variance is a "transaction" as defined by the Act. A transacdon
includes any matters considered by any govemmental agency on which official action is taken
or contemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3% of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $ 10,000.00; 3) sauq
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incuffed or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in a transaction" exists when an officer or employee or a
member of his inimediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the =saction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency's considerafion of the transaction.
U. A@12lication of Definitions
A. P al Interest
You have a personal interest in the property located at 604 Goldsboro Avenue since
the property is owned by you and your husband and your interest in the property is valued
in excess of $10,000. You have indicated, however, that neither you nor any member of
your iniinediate family has an interest in Alvord Corporation or in the property that is the
subject of the resolution to be considered by Council.
B. Personal Interest in the Transaction
Based on the facts presented, it is not reasonably foreseeable diat you or your husband
wifl realize a direct or indirect benefit or detriment as a result of Council's consideration of
Councilwoman Nancy K. Parker -4- August 3, 1992
Re: Conflict of Interests Act Opinion
the resolution. Therefore, it is my opinion that you do not have a personal interest in the
transaction widiin the meaning of the Conflict of Interests Act.
Ill. Disclosure ReQuirements
Based on the fact that you have no personal interest in Alvord Corporation or in the
property which is the subject of the resolution to be considered by Council, it is my opinion
diat you are able to participate in City Council's discussion and vote on the resolution
without restriction.
The Conflict of Interests Act deals with the @s of influences upon a public officer's
judgment which are clearly irnproper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the pubhc in the officer's
ability to be impartial. I have opined that you may participate in the transaction without
restriction. However, if you are concemed diat parficipating in the transaction could create
an unacceptable appearance, there are two options available to you which may diffuse any
perception problems diat may arise:
1 . You may eidier disclose the facts as presented herein and proceed to vote as
to this transaction; or
2. You may absltin from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which comphes widi SS 2.1-639.14(G) is enclosed for your convenience. Should you decide,
in the altemative to declare your interest and abstain, a proposed disclosure letter which
complies widi SS 2.1-639.14(E) is also enclosed. You may either make the declaration orauy,
which wiR be recorded in the written niinutes of the City Council, or you may file a signed
written dechuation with the Clerk of the City Council, who shar retain and make the
declaration available for public inspection for a period of five years from the date of
recording or receipt.
Councilwoman Nancy K. Parker -5- August 3, 1992
Re: Conflict of Interests Act Opinion
Please contact me should you desire any additional inforrnation.
Very truly yours,
e L. Lill
City Attomey
LLL/RMB/clb
Enclosure
Seen and Concurred:
Ro@e-rt J. u@hre@
Commonwealth's A@
- 26 -
Item 111-J.1.
APPOINTMENTS R]PEM # 35918
Upon NOMINATION by Vice Mayor Sessoms, City Council APPPOINTED:
HUMAN RIGHTS COMMISSION
Sylvia Strickland
Unexpired term thru 1/31/94
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Unwood 0. Branch, 111, Robert W. Clybum, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Mo@ Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
August 4, 1992
- 27 -
Item 111-J.2.
APPOINTMENTS rrEM # 35919
Upon NOMINATION by Vice Mayor Sessoms, City Council APPPOINTED:
PARKS AND RECREATION COMMISSION
Lillie It Gilbert
At Large
AND, REAPPOINTED:
James A. Cutchins
Princess Anne Borough
Robert G. Hicks
Kempsville Borough
3 year terms: 9/1/92 - 8/31/95
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert W. Clybum, Robert K. Dean, Louis R. Jones,
Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, Ill, James W. Brazier, Jr. and Nancy K Parker
August 4, 1992
- 28 -
Item Ill-K.I.
UNFINISHED BUSINESS IT'EM # 35920
REAPPPORT'IONMENT
The following spoke relative the issue of REAPPORT10NMENT:
Maurice Jackson, 1125 Ditchley Road, Phone: 482-1470, President of the Council of Civic Organizations.
Ile CCO SUPPORT'S maintaining a ward system, the size of City Council remaining at eleven members,
equal population boroughs and the Council Members being elected from the particular borough.
Rae LeSesne, 5325 Thomburg lane, Phone: 497-8008, President of the Citizens Action Coalition. The
CAC SUPPORT'S the term of the Mayor remaining at four years, the six-month residency requirement,
size of the City Council remaining at eleven, the boundaries being redrawn to create boundaries of equal
population and more, if necessary, to accommodate minority groups, and the City to acquire a ward
system. There should be three members elected at-large.
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 463-3758. the NAACP SUPPORT'S
the term of the Mayor should remain at four years and the six-month residency requirement.
Attomey Bemard T. Hohnes, 1201 Lake James Drive, Suite 200, Phone: 424-1909, represented the
NAACP. Attomey Holmes advised data has been provided City Attomey Ulley relative the minority
districts of the City (on a ten, twelve and thirteen member district). Tliis information was acquired from
Norfolk State University.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represcnted himself. Mr. Pace was in favor of ten
boroughs with cqual population and the Mayor being elected every two years.
Robert IL Dean I;inwood 0. Branch John D. Moss
Term of Mayor remain at four years Yes Yes Yes
Six-month residency requirement for Yes Yes Yes
any candidate seeking election to
City Council.
Size of City Council remain at eleven Yes Yes Yes
members.
Boundaries be redrawn to create seven Ycs Hold in abeyance Yes
Boroughs of equal population. upon receipt or report (reserving the right to
cbange mind upon receipt
of statistics)
City retain tbe At Large system with Currently would prefer Yes No
City-wide voting. ward system
Councilman Louis Jones ABSTAINED from stating his opinion. His opinion on various issues could
change upon receipt of the report.
August 4, 1992
- 29 -
Itcm Iii-L.I.
NEW BUSINESS rrEM # 35921
Upon motion by Councilman lanteigne, seconded by Councilman Branch, City Council ADOPTED:
R@lution re considcration of the City of Virginia Bcach as a potential
site for location of the Redskins' new stadium.
The City Clerk is directcd to mail a copy of this Rcsolution to Govcmor L. Douglas Wilder and Mr. Jack
Kent Cookc, owner of the Redskins.
Voting: 10-0
Council Mcmbers Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Robert W. Clybum, Robcrt K
Dcan, Louis R. Jones, Paul J. Lanteignc, John D. Moss, Mayor Meyera
E. Obemdorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Mcmbers Absent:
James W. Brazier, Jr.
August 4, 1992
Requested by Councilman Paul J. Lanteigne
I A RESOLUTION PERTAINING TO CONSIDERATIOU OF
2 THE CITY OF VIRGINIA BEACH AS A POTENTIAL SITE
3 FOR LOCATION OF THE REDSKINSF NEW STADIUM
4 WHEREAS, the Norfolk-Virginia Beach-Newport News
5 Metropolitan Statistical Area represents the twenty-eighth largest
6 metropolitan market in the United States with a population in
7 excess of 1.4 million;
8 WHEREAS, the City of Virginia Beach is the most populous
9 City in the Commonwealth of Virginia with a population in excess of
10 400,000;
11 WHEREAS, Virginia Beach has been recognized by the Wall
12 Street Journal as the fastest growing city on the East Coast;
13 WHEREAS, Mr. Jack Kent Cooke, owner of the Redskins, has
14 recently indicated his desire and intent to move the team out of
15 Washington, D.C. and into virginia;
16 WHEREAS, Governor L. Douglas Wilder and Mr. Cooke have
17 reached a tentative agreement to build the Redskins' new stadium on
18 a parcel of land commonly referred to as the Potomac Yard in the
19 City of Alexandria;
20 WHEREAS, various public and private factions in
21 Alexandria have voiced their opposition to location of the new
22 stadium in Alexandria;
23 WHEREAS, the Tidewater area has developed a long-standing
24 reputation for its support of professional teams, most recently
25 evidenced by strong support of the Tidewater Tides and the Hampton
26 Roads Admirals;
27 WHEREAS, based on the demographics of the Tidewater area
28 in general and Virginia Beach in particular, the area's strong
29 showing of local support for professional teams, and the apparent
30 opposition of Alexandria to location of the Redskins' new stadium
31 in Alexandria, the City of Virginia Beach represents a viable
32 alternative for location of the new stadium; and
33 WHEREAS, City Council would be pleased to enter into an
34 arrangement that would be mutually beneficial to both the Redskins
35 and the citizens of Virginia Beach.
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
37 OF VIRGINIA BEACH, VIRGINIA:
38 1. That the City Manager is hereby directed to
39 communicate to the Honorable L. Douglas Wilder, Governor of the
40 Commonwealth of Virginia, and to Mr. Jack Kent Cooke, owner of the
41 Redskins, the Council's willingness to discuss the possibility of
42 locating the Redskins' new stadium in the city of virginia Beach.
43 2. That the City Clerk is hereby directed to mail a
44 copy of this Resolution to Governor Wilder and Mr. Cooke.
45 Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the - 4 day of August 1992.
47 CA-4774
48 ORDIN\NONCODE\REDSKINS.RES
49 R-2
2
30 -
NEW BUSINESS nEM # 35922
Tlie following spoke relative siltation of a Lynnhaven Piver Tributary:
Lee G. Diton, 1025 Briarwood Point, Phone: 486-5930
Howard Sumnuners,Jr., 1029 Briarwood Point, Phonc: 486-3103
An adjacent property owner had dumped more than 100 truckloads of silty sand in his back yard. The
applicant has submined an application to the Chesapeake Bay Preservation Area Board to request an
after-the-fact Variance for this fill. A Public Hearing relative the fill will be held by the Chesapeake Bay
Pmservation Area Board on August 24, 1992.
The City Manager will report Ndher relative this item on August 11, 1992. The siltation will be stabilized.
August 4, 1992
31 -
e
NEW BUSINESS rMM # 35923
ADD-ON
Councihnan Lanteigne referenced the article on Friday, July 31, 1992 of THE VIRGINLAN-PILOT. The
headline refeffed to the Virginia Beach police test; however, the article's text actually concemed Norfolk
City Police.
rMM # 35924
Councilman Lanteigne expressed appreciation to the City Manager for his Pending List and the
Newsletter, a most informative publication.
August 4, 1992
- 32 -
e 11- .4.
NEW BUSINESS IT'EM # 35925
ADD-ON
Council Lady Parker referenced coffespondence relative VDOT funding the Constitution Flyover, The
$2-MILI.JON is apparently coming from the City's allocation. Part of this entails repayment of the Byler
property which the City Council was informed they had to purchase. AHocation will be lost in other ways
to assist in offsetting the cost of that particular piece of property.
IT'EM # 35926
Council Lady Parker referenced the Public Recreation Facilities Authority. This report is SCHEDULED
for the City Council Session of August 11, 1992.
August 4, 1992
33 -
NEW BUSINESS ITEM # 35927
ADD-ON
Mayor Obemdorf referenced Mayor Mason Andrews' coffespondence. Mayor Andrews has requested the
Virginia Beach City Council consider a Resolution similar to that of the City of Norfolk requesting the
Federal Funding on urban capital projects and operating assistance not be cut back as it impacts public
transportation.
August 4, 1992
34 -
NEW BUSINESS ITEM # 35928
ADD-ON
Councihnan Dean referenced C NIGHT OUT. Councilman Dean has been invited t, afted th,
Hunt Club Forest Civic League. Councilman Dean referenced the inclement weather and whether there
was a "rain date".
Mayor Obemdorf advised the response by the City has been outstanding. CRIME NIGHT OUT
conunenced on Saturday aftemoon at Carper's Housing, going through Carolanne Farms and out to Cape
Henry Shores. Otber Celebrations are scbeduled for this evening. Mayor Obemdorf extended appreciation
to the police department and the conununity groups for their admirable performance.
August 4, 1992
- 35 -
e - .6.
NEW BUSINESS nEM # 35928
ADD-ON
Mayor Obemdorf and Councilman Clybum extended sympathy to Chief Wall upon the recent death of
his mother. A letter of condolence on bebalf of the City Council will be forwarded to Chief Wall.
August 4, 1992
36
ADJOURNMENT nEM # 35929
Mayor Obcrndorf DECLARED the City Council Mceting ADJOURNED at 5:15 P.M.
Ruth Hodges.Smith, CMQAAE
-Y-r- b..i
City Clerk Mayor
City of Virginia Bcach
Virginia
August 4 1992