JUNE 2, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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JUNE 2, 1992
ITEM 1. CITY MANAGER'S BRIEFING - Council Chanter - 12:30 PM
A. WATER CONSERVATION EDUCATION COMMITTEE
Dr. E. T. Buchanan 111, Chairman
ITEM 11. INFORMAL SESSION - Council Chaffber - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chanber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Philip J. Holwager
Diamond Springs Christlan 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 - May 26, 1992
G. PUBLIC HEARING
1. PLANNING
a. Application of WITCHDUCK LAKE ENTERPRISES, INC. for a
Conditional Use Permit for a recreational facility of an
outdoor nature (water skiing, jet skiing, swimming, fishing) at
The Western extremity of Witchduck Court, containing 54 acres
(BAYSIDE BOROUGH).
Deterred: May 26, 1992
Recomrnendation: APPROVAL
H. ORDINANCE
1. Ordinance to TRANSFER $35,226 within Department of General Services
FY 1991-92 Operating Budget re construction contract for additional
stairways at Sandbridge Beach.
1. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
SOCIAL SERVICES BOARD
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Ordinance to establish a reinibursement policy tor expenses
incurred by Members of City Council.
(Sponsored by Vice-Mayor Robert E. Fentress)
b. Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
1. Section 6-10 re use of skateboards In the Resort District.
(Sponsored by Vice-Mayor Robert E. Fentress)
2. Section 6-116 re surfing.
(Sponsored by Vice-Mayor Robert E. Fentress)
3. Section 33-6 re sales conducted on or adjacent to the
public right-of-way.
(Sponsored by Councilmen Paul J. Lanteigne and Louis R.
Jones)
L. ADJOURNMENT
PUBLIC HEARING
LAKE GASTON PROJECT
SATURDAY, JUNE 13, 1992 - 10:00 AM
VIRGINIA BEACH PAVILION
UNITED STATES DEPARTMENT OF COWERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
CITY COUNCIL RECESS
JULY 15 31, 1992
5/28/92 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginla
June 2, 1992
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANAGER'S BRIEFING in the Council Chamber, City Hall Building, on June
2, 1992, at-12:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms
Council Members Absent:
Paul J. Lanteigne (AWMING A COMPUTER SEMINAR)
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
WATER CONSERVATION EDUCATION COMMITTEE
ITEM # 35667
Dr. E. T. Buchanan I I I - Chairman, WATER CONSERVATION EDUCATION COMMITTEE,
advised there are three City sponsored committees regarding the issue ot water:
a Mayor's Water Task Force dealing with strategic issues, a City Manager's
Water Task Force, coordinating the City Staff's efforts and the Water
Conservation Education Committee, which is a statt and volunteer group. Dr.
Buchanan reiterated the two purposes: (1) disseminate intormation regarding
water conservation practices and (2) gather all the interest groups together
for two-way communication. This group is composed of forty members selected to
reflect the composite personality ot the City, all the attected interest groups
and citizen advocacy groups.
The Committee is comprised of six subcommittees:
Education
Dr. Nancy Jones - Chalr
Business
Michael Barrett - Chair
Landscaping, Nurserymen/Green Industry
Pat Bridges - Chair
Water Conservation in the Home
Max Bartholomew Chair
Research
Dr. Ted Willis Chair
Hospitality Industry
Rick Anoia
The Committee has been meeting once a month with the focus being educating the
committee on the perimeters ot water use and water resources tor the City.
Briefings on groundwater will be scheduled at the next meeting June 12, 1992.
The staff and the committee devised a questionnaire which was administered by
volunteer students ot Tidewater Community College via telephone to
approximately 380 citizens. The major conclusions derived were 90% ot the
citizens called were attempting to conserve water. Eighty percent (80%),
including multi-family, of the water use in the City is residential. Sixty-
eight percent (68%) of the water is utilized in the bathroom. Areas needed to
be addressed are those communities not directly billed for water, i.e.
condominiums, where a bill is forwarded to a rental agent. The citizens do not
want an excessive amount of money spent on education. Two items of concern are
watering plants and washing cars.
Dr. Buchanan advised the average daily residential per capita consumption is 60
gallons. Dr. Buchanan reiterated the estimated water use by Virginia Beach
water users:
Toilet Flushing 33%
Showers and Baths 35%
Laundry and Dishwashing 20%
Outdoor watering 10%
Other uses Including 2%
cooking, cleaning and drinking
Concerning useage of water, the City Manager advised outdoor consumption is low
due to the restriction and many of the residents do have well water. The
present program seems to be working very successtully. Some ot the rules may
need modification in the area of long term adaptability.
Dr. Ted Willis, Chair - Research, advised a substantial element of the
citizens are aware there is a legitimate shortage of water. This has not been
contrived or manufactured.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 35668
The City Clerk referenced a Resolution establ ishing the TIDEWATER COUNCIL ON
PHYSICAL FITNESS AND SPORTS, to be added to the Formal Session of City Council.
ITEM # 35669
The City Clerk reterenced the letter from Counci I man Lanteigne dated May 28,
1992, advising his absence during the City Council Session due to his
attendance at a coffputer seminar on June 2, 1992.
- 4 -
ITEM # 35670
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was Cal led to order obny
Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bui Iding,
Tuesday, June 2, 1992, at 1:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Paul J. Lanteigne
- 5 -
ITEM # 35671
conduct MO
Mayor Meyera E. Obr,d,rt entertained a tion to permft city Council to
its EXECUTIVE SESSION, pursuant to Sectfon 2.1 -344, Code of
Virginia, as amended, for the following purposes:
1. ERSONNEL MATTERS: Discussion or consideration of or interviews ot
prospective candid,t,s for employment, assignment, appointment, promotion,
performance, demtion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees
(1). pursuant tc) Section 2.1-344 (A)
To-Wit: Appointments: Arts and Humaniti,s Commission
Greenways, Trails and Bikeways Committee
Human Rights Commission
Social Services Board
2. PUBLICLY-HELD PR ERTY: Discussion or consideration of the condition,
ac( se 0 f real property for public purpose, Or of the
disposition of I)Ubl il:ly-held property, or of plans for the future of an
institution whic@ could affect the value ot property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
TO-Wit: Acquisition of Property for a Public Purpose - Transition Area Ill
3. LEGAL MATTE.RS: Consultation with legal counsel or brief ings by staff
embers, consultants or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit:
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Will[am
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Paul J. Lanteigne
- 6 -
VIRGINIA BEACH CFTY COUNCIL
June 2, 1992
2:00 P.m.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bu! Iding, on Tuesday,
June 2, 1992, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and W! I I jam D.
Sessoms, Jr.
Council Members Absent:
Paul J. Lanteigne (ATTENDING A COMPUTER SEMINAR)
INVOCATION: Reverend Philip J. Holwager
Diamond Springs Christian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7
Item III-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35672
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certitication resolution applies;
AND,
Only such pub I i c business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne and William D. Sessoms, Jr.
.0
#trot tatt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35671,
Page No. 5, 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 Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
Ruth Hodges S..th, CMCIAAE
City Clerk June 2, 1992
8
Item 111-F.I.
MINUTES ITEM 35673
Upon motion by Counci I man Cl yburn, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 26,
1992.
Councilwoman McCianan advised she had been in Calitornia with her husband the
week prior to May 26, 1992, but on May Twenty-sixth, she was in Pennsylvania
Voting: 7-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Cl yburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan and Mayor Meyera E. Oberndorf*
Counci I Merrbers Absent:
Paul J. Lanteigne and William D. Sessoms, Jr.
*Mayor Oberndorf VERBALLY ABSTAINED as she was not in attendance during the
City Council Session ot May 26, 1992, but representing the City in an official
visit to our Sister City, Miyazaki, Japan.
Councilwoman McClanan ABSTAINED as she was not in attendance during the City
Council Session of May 26, 1992, but in Pennsylvania.
9
Item 111-F.2.
RESOLUTION ITEM 35674
Upon motion by Counci lman Heischober, seconded by Vice Mayor Fentress, City
Council AGREED to ADD to the AGENDA and ADOPTED:
Resolution establ ishing the TIDEWATER COUNCIL ON
PHYSICAL FITNESS AND SPORTS.
Loren W. Jackson, Chairman - Tidewater Council on Physical Fitness and Sports,
ACCEPTED the Resolution. The TIDEWATER COUNCIL ON PHYSICAL FITNESS AND SPORTS
shall coordinate resources to make aware the importance of physical titness in
schools and community, thus providing a healthier, more productive environment
for the present and future generations.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne and William D. Sessoms, Jr.
: Regular exercise and phgsical activitg is recognizeb as a lifetime function that
contributes tu the bealth and Ixingevitg vf an inaividual;
: the area of tibewater, I)irginia, comprisin!a seven cities: I)irginia Beach, Nerf(ilk,
Chesapeake, Partsmxiutb, liamptan, Newport News, ana $utfalk, reciagniaes the ph@sical ana
hgalth benefits of regular exercise an6 ph@sical activitb;
: Zbe Presitent's tnuncil an Phgsical Fitness and $pnrts is t!hp natinnal policbmaker ant
lea6er in develuping fitness programs for the schnals ana csmmunities;
: the health, fitness, anxl well-being of all resillents of tibgwater is of primarb concern;
: this Council shall supervise the formation of local Councils in 2ach citg of libemater,
consisting of a Cbairpersun an6 Dvarb af Directors, for each citb;
: these representatives shall be respansible for implementing prngrams anb prujects to
further the health of inbivibuals in their resp2ctive cities; and,
: Under the supervision of the tidewater Council ian Phi;sical Fit!ness anb Spnrts, each
Chairperson and Beard of Directnrs, of each Cit@, shall institute ant implement the
programs and policies nf the Presibent's Council an PhBsical Fitness anb $parts anb ang
otber designatea programs related to the gand health of their respective cmmunities.
NON, @ORE, BE 1:9 that we, the unbersigneb, herebI3 establish the 91DERAtU COUNCIE ON
NWICAL F%@s AM $Mft$, ti3 bevelop local chapters in each citl; tif Zidewater, implement pi3licies
anb pragrams aesignateb b;3 the President's Cvuncil an PhBsical Fitness anb $pxlrts, in the scbsiils
ana communities, to cnarbinate resources to make aware the importance of phbsical fitness in schvels
anb communitb, thus praviding a healthier, mure probuctive enviroyment for the pres2nt anb future
generatinns.
Civen unber our hanbsanb s nete" HunbreA anb NinetB-twn.
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A. Baum /lames M. B
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MaBi3r 01.Bnr
- 10 -
Item Ill-G.l.a-
PUBLIC HEARING ITEM # 35675
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) WITCHDUCK LAKE ENTERPRISES, INC. CONDITIONAL USE PERMIT
Item 111-G.l.a.
PUBLIC HEARING ITEM 35676
PLANNING
The following spoke in SUPPORT of the application:
J. Ran da II Royal, En gi neer i ng Serv ices - 3351 Stoneshore Road, Phone: 468-6800 ,
represented the applicant
Dal las Norman, 4237 Battery Road, Phone: 464-0198, President - Witchduck Lake
Enterprises. Mr. Norman distributed a petition containing 96 signatures in
SUPPORT of the application. Said petition is hereby made a part of the record.
The following spoke in OPPOSITION to the application:
Marlene D. Wi lder, 5413 Grand Lake Crescent, Phone: 490-1044
Teresa Hutcheson, 5421 Grand Lake Crescent, Phone: 497-2304
Elizabeth Shawkey, 5417 Grand Lake Crescent, Phone: 671-7242
Richard M. Schwab, 5376 Grand Lake Crescent, Phone; 552-0489
Linda Merrell, 5415 Grand Lake Crescent, Phone: 499-1265
Dan Shawkey, 5417 Grand Lake Crescent, Phone: 671-7242
Letter from Dr. Nancy M. Welch, Acting District Health Director - Virginia
Beach Health Department, regarding Witchduck Lake, dated June 1, 1992, is
hereby made a part of the record. The Health Department cannot sanction the use
of these retention basins for recreation that involves body contact.
Upon motion by Counci I man Jones, seconded by Counci Iman Baum, City Counci I
DENIED an Ordinance upon application of WITCHDUCK LAKE ENTERPRISES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WITCHDUCK LAKE
ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR
A RECREATIONAL FACILITY OF AN OUTDOOR NATURE
Ordinance upon application of Witchduck Lake
Enterprises, Inc., for a Conditional Use Permit for
a recreational facility of an outdoor nature (water
ski ing, jet ski ing, swimming, fishing) on certain
property located at the western extremity of
Witchduck Court. Said parcel contains 54 acres.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Paul J. Lanteigne
1 2
Item 111-H.l.
ORDINANCE ITEM # 35677
Upon motion by Counci I woman McCl an an, seconded by Cou nci I man H,-- i schober, City
Council ADOPTED:
Ordinance to TRANSFER $35,226 within Department of
General Services FY 1991-92 Operating Budget re
construction contract for additional stairways at
Sandbridge Beach.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent
Paul J. Lanteigne
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $35,226 WITHIN THE GENBRAT, SEAVICES DEPARTMENT TO FUND
3 CONSTRUCTION CONTRACTS FOR STAIRWAYS AT
4 SANDBRIDGE BEACH
5
6
7 WHEREAS, bide have been received to contract for the construction of an
8 additional six sets of steps at Sandbridge Beach;
9 WHEREAS, construction of the additional six set of steps would require
10 an additional appropriation of $35,226;
11 WHEREAS, funds have been identified within the Department of General
12 Services, Landscape Services Division FY 1991-92 Operating Budget to fund the
13 construction contract for the stairways;
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
is VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $35,226 be transferred within the Department
17 of General Services FY 1991-92 operating Budget to fund the construction
18 contract for six additional stairways at Sandbridge Beach;
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 2 day of June 1992.
v
L.E
APPROVED AS TO RONTEN
OFROEOF
- 13 -
Item
APPOINTMENTS ITEM # 35678
BY CONSENSUS, City Council RESCHEDULED:
ARTS AND HUMANITIES COMMISSION
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
SOCIAL SERVICES BOARD
- 14 -
Item Ill-K.l.a.
NEW BUSINESS ITEM # 35679
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED, AS AMENDED:
Ordinance to establish a reintursement policy for
expenses incurred by Members of City Council.
*On page 2, Section 3, the following verbiage shall be added:
On line 37, "Out-of-" shall be added betore the
words "Region Travel" and after the words "Out-of-
City/,'.
On I ines 38 and 40 , "out-of -11 shal Ibe added
before the words "region travel" and after the
words "out-of-city/1'.
On line 40 after the word "travel" and before the
words "..authorized by the City Council", the words
"in the course of official business as.." shall be
added.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Reba S. McCianan and Nancy K.
Parker
Council Members Absent
Paul J. Lanteigne
Requested by Vice-Mayor Robert E. Fentress
1 AN ORDINANCE TO ESTABLISH A
2 REIMBURSEMENT POLICY FOR IN-CITY
3 TRAVEL AND MEAL EXPENSES INCURRED BY
4 MEMBERS OF CITY COUNCIL
5 WHEREAS, by Ordinance adopted August 21, 1989, City
6 Council adopted a policy for the reimbursement of in-city travel
7 and meal expenses incurred by councilmembers in the conduct of
8 official business;
9 WHEREAS, by Ordinance adopted February 12, 1991, City
10 Council imposed limitations on the policy adopted August 21, 1989,
11 thereby restricting the eligibility for reimbursement of both in-
12 city and out-of-city travel expenses to those expenses authorized
13 by City Council, with the exception of the Mayor or a Councilmember
14 designated to represent the Mayor in the Mayor's absence; and
15 WHEREAS, City Council has determined that it is
16 reasonable for Councilmembers to be reimbursed for in-city travel
17 and meal expenses when such expenses are incurred by a
18 councilmember in the conduct of official City business.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That, consistent with the authorization provided by State
22 law, it shall be the policy of City Council to reimburse
23 Councilmembers for expenses incurred in the conduct of official
24 City business as follows:
25 1. 1-n-city and Regional Travel: For all regular and
26 special Council meetings, hearings, and workshops and for
27 attendance at all meetings or events necessary to the conduct of
28 the office of Councilmember, reimbursement will be provided for
29 travel from home to the meeting/event and return at the mileage
30 rate specified in the appropriation ordinance. Regional travel
31 shall be defined as travel in and between the Hampton Roads area
32 cities.
3 3 2 . Meals at Official In-City and Regional Functions:
34 Reimbursement will be provided for the cost of meals only when the
35 Councilmember is the official representative of the Council at the
36 event.
37 3. Out-of-City/Out-of-RegionTravel: Out-of-city/out-
38 of-region travel shall be defined as travel beyond the Hampton
39 Roads area cities. Councilmembers shall only be eligible for
40 travel expense reimbursements for out-of -city/out-of -region travel
41 in the course of official business as authorized by the City
42 Council; provided however, that this restriction shall not apply to
43 the Mayor or a City Council member designated by the Mayor to
44 represent the Mayor in the conduct of official City business.
45 BE IT FURTHER RESOLVED:
46 That this Ordinance shall supercede Ordinance No. 89-
47 1909B adopted by City Council on August 21, 1989, and Ordinance No.
48 91-2036A adopted by City Council on February 12, 1991, and that the
49 City's Official Travel Regulations be amended to reflect the
50 provisions set forth herein.
51 Adopted by the Council of the City of Virginia Beach,
52 Virginia, on the 2 day of June 1992.
53 CA-4475
54 ORDIN\NONCODE\TRAVEL.ORD
55 R-4
2
- 15 -
Item Ill-K.l.b.l.
NEW BUSINESS ITEM # 35680
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to amend and reordain Section 6-10 of the
Code of the City of Virginia Beach, Virginia,
pertaining to use of skateboards in the resort
district.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
Paul J. Lanteigne
@s@d by Vi--Mayor Robert E. Fentress
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-10 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 USE OF SKATEBOARDS IN THE RESORT
6 DISTRICT.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-10 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 6-10. Use of roller skates, skateboards, ate., on
12 boardwalk or grassy area, bicycle path,
13 oceanfront parks and plazas, public restrooms,
14 and sidewalks adjacent thereto.
15 (a) It shall be unlawful for any person to use roller skates,
16 roller blades, skateboards, toys or similar devices on wheels or
17 runners on the grassy area adjacent to the boardwalk, or on the
18 bicycle path, oceanfront parks and plazas, public restrooms, and
19 sidewalks adjacent thereto at any time.
20 (b) It shall be unlawful for any person to use roller skates,
21 roller blades, 9!Eatebeai-ds, toys or similar devices on wheels or
22 runners on any sidewalk along and east of Pacific Avenue from Rudee
23 Inlet to 42nd Street from 6:00 p.m. on the Friday before Memorial
24 Day Weekend to 6:00 p.m. Labor Day; provided, further, that
25 skateboards and similar wheeled devices which are not attached or
26 secured to the user shall not be used in. the above areas at any
27 time.
28 (c) It shall be unlawful for any person to use skateboards,
29 toys or similar devices on wheels or runners on the boardwalk at
30 any time; provided, however, that roller skates and roller blades
31 may be used on the boardwalk in compliance with subsection (d)
32 herein.
33 (d) It shall be unlawful for any person to use roller skates,
34 roller blades, skateboards, toys or similar devices on wheels or
35 runners, when otherwise permitted, recklessly or at a speed faster
36 than is reasonably proper, or in a manner so as to interfere with
3 7 pedestrians or to endanger the life, limb or property of the rider
38 or any other person.
39 (e) The provisions of this section shall not be applicable to
40 the use of wheelchairs for the transportation of disabled persons
41 or the use of baby carriages, strollers or related modes of
42 transportation for infants.
43 Adopted by the Council of the City of Virginia Beach, Virginia
44 on the 2 day of June 1992.
45 CA-4627
46 \ordin\proposed\06-010.pro
47 R-1
APPROVED AS TO
2
1 6
Item Ill-K.l.b.2.(a)
NEW BUSINESS ITEM # 35681
Paul West, 1333 Gannet Run, Phone: 459-3400, represented the Eastern Surf ing
Association, registered in SUPPORT of the Ordinance. Mr. West was not in
OPPOSITION to the DEFERRAL of the Ordinance and concurred concerning changes
in surfing hours at Sandbridge.
Robert L. Yoder, 700 High Point Avenue, Phone: 422-8844, Vice President - CBM
Company T/A Schooner Conpany, referenced his correspondence of June 2, 1991.
Mr. Yoder spoke in OPPOSITION to the expansion to the surfing area directly
North of 2-1/2 Street, or their south boundary. Said letter is hereby made a
part of the record.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council DEFERRED INDEFINITELY:
Ordinance to AMEND and REORDAIN Section 6-116 of
the Code of the City of Virginia Beach, Virginia,
pertaining to surfing (boundaries, Oceanfront
area).
This DEFERRAL will enable the City Staff to meet with the property owners, the
surfers and other interested parties to determine the surfing areas.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessorrs, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne and Reba S. McClanan
This ITEM was brought forward prior to the PLANNING AGENDA.
1 7
Item Ill-K.I.b.2.(b)
NEW BUSINESS ITEM # 35682
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessorm, City
Council AGREED to ADD to the AGENDA:
Ordinance to AMEND and REORDAIN Section 6-116 ot
the Code of the City of Virginia Beach, Virginia,
re surfing (hours at Sandbridge).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Meffbers Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne and Reba S. McClanan
Item Ill-K.l.b.2.(b)-
NEW BUSINESS ITEM 35683
Jim Martinette, 2824 Bluebill Drive, Phone: 721 -314 8, represented the
Sandbridge Surf Cl ub and the Surt er' s Coalition Cou nc i I , spoke in SUPPORT of
the Ordinance.
Ben Lane, 2952 Sand Bend Road, Phone: 426-7384 , resident ot Sandbridge,
I i feti me member of the Eastern Surf i ng Associ ation, spoke i n SUPPORT of the
Ordinance.
Mayor Oberndorf referenced letter from Mol ly Brown, President - Sandbridge
Beach Civic League, which is hereby made a part of the record.
Upon motion by Counci lwoman McClanan, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-116 of
the Code of the City of Virginia Beach, Virginia,
re surfing (hours at Sandbridge).
The City Staff wi I I also evaluate increasing the surf lng hours at the Ocean
Front.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Reba S. MeCianan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Paul J. Lanteigne
APPROVED AS TO
L CY
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-116 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 SURFING.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-116 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 6-116. SUrfing generally.
11 (a) It shall be unlawful for any person to surf or to use a
12 surfboard at any time in the littoral waters of the Atlantic ocean,
13 without a leash or tether joining surfer and board.
14 (b) It shall be unlawful for any person to surf or to use a
15 surfboard from Memorial Day Weekend to Labor Day Weekend, in the
16 city in the littoral waters of the Atlantic Ocean, except as
17 permitted herein:
18 (1) At the city recreation park, Little Island, at
19 places and times as designated by the director of
20 parks and recreation.
21 (2) South of Little Island Park to the state line,
22 between sunrise and sunset, subject to
23 restrictions that may be imposed by the United
24 States in the area owned by it.
25 (3) In the area between the southern boundary of the
26 United StateS Naval Reservation, Dam Neck, and
27 the northern line of Little Island Park, between
28 the hours of sunrise and sunset; except that,
29 between Memorial Day Weekend and Labor Day
30 Weekend, surfing is not permitted between the
31 hours Of 10:00 a.m. and 4:00 p.m. wee]Edays and-
32 19:09 a.%. and 6:09 p.m. .iee!Eends and helidays.
33 (4) In the areas north of the northern line of Camp
34 Pendleton to the southern boundary of 42nd
35 Street, between the hours of sunrise and sunset;
3 6 except that, between Memorial Day Weekend through
37 Labor Day Weekend, surfing is not permitted
38 between the hours of 10:00 a.m. and 4:00 p.m.
39 weekdays and 10:00 a.in. and 6:00 p.m. weekends
40 and holidays. Surfing is permitted in the area
41 three hundred (300) feet north of the center line
42 of 3rd Street prolongated eastward extending one
43 hundred (100) feet north of the center line of
44 5th Street prolongated eastward and in the area
45 eight hundred (800) feet south of the southern
46 jetty of Rudee Inlet and in the area five hundred
47 (500) feet north of the northern jetty of Rudee
48 Inlet between sunrise and sunset.
49 (5) In the areas from the southern boundary line of 42nd Street
50 north to the southern boundary line of Fort Story between the
51 hours of sunrise and sunset; except that surfing is not
52 permitted between Memorial Day Weekend through Labor Day
53 Weekend between the hours of 10:00 a.m. and 4:00 p.m. weekdays
54 and 10:00 a.m. and 6:00 p.m. weekends and holidays.
55 (6) In such posted surfing areas, not to exceed five hundred (500)
56 feet, as the city manager may from time to time set aside for
57 periods not to exceed forty-five (45) days. The city manager
58 shall file his reasons for establishing such areas, within
59 twenty-four (24) hours of such posting, with the city clerk.
60 (c) For purposes of this section, Memorial Day Weekend shall
61 be deemed to commence 6:00 p.m. the Friday before Memorial Day and
62 Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor Day.
63 (d) Surfing is prohibited at all times, except as provided in
64 subsection (a)(6) above, within three hundred (300) feet north and
65 three hundred (300) feet south of the Wooden Fishing Pier located
66 between 14th Street and 15th Street, as well as the area between
67 the north and south jetties of Rudee Inlet.
68 (e) Any person who violates the provisions of this section
69 shall be guilty of a Class 4 misdemeanor.
2
70 Adopted by the Council of the City of Virginia Beach, Virginia
71 on the 2 day of June , 1992.
72 CA-4679
73 \ORDIN\PROPOSED\06-116X.PRO
74 R-2
3
1 9
Item Ill-K.I.b.3.
NEW BUSINESS ITEM # 35684
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED, AS REVISED:
Ordinance to AMEND and REORDAIN Section 33-6 of the
Code of the City of Virginia Beach, Virginia,
pertaining to streets and sidewalks.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Paul J. Lanteigne
Requested by Councilmembers Paul J. Lanteigne and Louis R. Jones
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 33-6 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 STREETS AND SIDEWALKS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 33-6 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 33-6. Sales conducted on or adjacent to the public
11 right-of-way.
12 For purposes of this section only, "sale or exchange$' shall be
13 defined as the advertising, displaying, offering or exchanging for
14 value of the below-mentioned items.
15 The sale or exchange of any item, including but not limited to
16 any and all goods, wares, flowers, prepared or unprepared food or
17 any other product by any person from any temporary structure,
18 including but not limited to any table or stand, or from any motor
19 vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal-
20 propelled vehicle shall be subject to the following regulations:
21 (a) Sales conducted in the public right-of-way.
22 (1) No such sale or exchange shall be made in any
23 street or public right-of-way along any street
24 for which the posted speed limit is greater than
25 twenty-five (25) miles per hour, nor shall such
26 sale or exchange be made in any street or public
27 right-of-way within twenty-five (25) feet of any
28 intersection.
29 (2) No person conducting such sale or exchange in any
30 street or public right-of-way may remain within
31 any one-block area for more than fifteen (15)
32 minutes before moving to another block.
33 Additionally, such sale or exchange may not be
34 repeated in the same block within any eight-hour
35 period. A block shall be understood to mean a
36 section of a street between its intersection with
37 two (2) adjoining streets, or a section of street
38 five hundred (500) feet in length, whichever is
39 shorter.
40 (3) The provisions of subsection (a) hereof shall not
41 apply to such sales or exchanges conducted on the
42 premises of the Virginia Beach Farmer's Market or
43 of any other commercial enterprise operated under
44 franchise agreement of permit authorized by the
45 city manager.
46 (b) Sales conducted on private property adjacent to the
47 public right-of-way. Persons conducting a sale or
48 exchange of the type described in this section on private
49 property, and persons allowing their private property to
50 be used for such sales or exchanges, shall be subject to
51 the following regulations:
52 (1) No sale or exchange shall take place or be
53 conducted, and no structure used for such sale or
54 exchange shall be located, within fifty (50) feet
55 of the closest edge of the nearest sidewalk
56 pavement, or street pavement if there is no
57 sidewalk, of any public right-of-way.
58 (2) The person conducting the sale or exchange shall
59 have obtained written permission to conduct such
60 activity from the owner of the property involved,
61 and shall have also obtained from such owner
62 exclusive control over any of the property,
63 within the allowed area, sufficient to ensure
64 that there is adequate space for the safe
65 circulation of traffic; such area shall not be
66 less than eight hundred (800) square feet. The
67 person conducting the sale or exchange shall not
68 allow any other activity to be conducted within
69 this minimal eight hundred (800) square foot
70 area.
2
71 (3) Such sales or exchanges shall not be conducted on
72 or from vacant lots.
73 (4) Before any person may conduct such sale or
74 exchange, such person must have provided to and
75 have had approved by the department of permits
76 and inspections a plat or site plan identifying
77 the location of the property on which the
78 activity is to be conducted and showing the
79 location of the structure from which the sale or
80 exchange activity will occur, the area under the
81 control of such person, and provisions for well-
82 defined vehicular entrances and exits. Such plat
83 or site plan shall be accompanied by a
84 nonrefundable fee of twenty-five dollars ($25.00)
85 for processing. After review and approval of
86 such plat or site plan by the department of
87 Permits and inspections, application shall be
88 made to the city manager or his designee for a
89 permit to engage in the activities covered by
90 this section, in accordance with this section and
91 the approved plat or site plan. Such application
92 shall state the name, address and telephone
93 number of the person or persons conducting the
94 activity, the days and hours of operation, and
95 shall include evidence of the property owner's
96 permission to so use the property, as required
97 above, as well as a copy of the approved plat or
98 site plan. Acopy of the permit issued by the
99 city manager or his designee as well as a copy of
100 the approved plat or site plan and the written
101 permission of the property owner shall be kept at
102 the site of the activity. Such permit must be
103 obtained before a business license for such
104 activity may be isrued, and shall be renewed
3
105 annually prior to the renewal of any business
106 license.
107 (5) The requirements of subsection (b) hereof shall
108 not apply to outdoor sales and exchanges which
109 occur as an incidental part of the retail sales
110 activity of a merchant regularly conducting
ill business from a permanent building where such
112 sales are conducted on the premises of the
113 building and in close proximity to said building;
114 nor shall they apply to the otherwise lawful sale
115 of market produce and i-elateel items Processed
116 Agricultural such as lams and
117 !ellies; frem the site en iihieh they are grewnt
118 nor to garage sales in residential areas.
119 (6) Nothing herein shall exempt any person conducting
120 a sale or exchange of the type described herein
121 from the requirements of the comprehensive zoning
122 ordinance or any other applicable provision of
123 the law.
124 (7) A person who obtains a permit pursuant to
125 subsection (4), above, shall be allowed one sign
126 which shall be permanently attached to a motor
127 vehicle and which shall not exceed ten (10)
128 square feet in size.
129 (c) Compliance. Every person who obtains a permit under the
130 requirements of this section shall keep the permit,
131 approved plat or site plan and written permission of the
132 property owner in a convenient place and, whenever
133 requested to do so, shall exhibit the same to any police
134 officer, agent of the commissioner of revenue or
13 5 inspector for the department of permits and inspections.
136 Violation of any of the requirements of this section
137 shall constitute a Class 1 misdemeanor. The city manager
138 or his designee shall revoke the permit issued to any
4
139 person pursuant to subsection (b) (4) upon his conviction
140 of violating any of the provisions of this section.
141 Adopted by the Council of the City of Virginia Beach, Virginia
142 on the 2 day of June -, 1992.
143 CA-4686
144 \ORDIN\PROPOSED@33-006.PRO
145 R-3
5
- 20 -
Item Ill-K.2.
NEW BUSINESS ITEM # 35685
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council:
Instructed the City Attorney to investigate
res i dency requ i rements re I ated to qu a I i f y i ng as a
candidate for City Council election.
The City Attorney will advise relative charter or other necesary amendments.
Counci lwoman Parker wished to be also informed relative the State Code and the
requirernents for State Office.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Reba S. McClanan' Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessom , Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Paul J. Lanteigne
- 21 -
Item 111-M.I.
RECESS INTO ITEM # 35686
EXECUTIVE SESSION
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION (3:45 P.M.), pursuant to Section 2.1 -344 (A)
Code of Virginia, as amended, for the following purposes:
1. LEGAL 14ATTERS: Consultation with legal counsel or brief ings by staff
mernbers, consultants or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: City v. Riverlake Water Agency, Inc,
Upon motion by Counci iman Sessoms, seconded by Vice Mayor Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Paul J. Lanteigne
- 22 -
Item 111-M.2.
RECONVENE FORMAL SESSION ITEM # 35687
Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Counci I Chamber, City Hal I Bui Iding, on Tuesday, June 2,
1992, at 4:05 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessom , Jr.
Council Members Absent:
Harold Heischober and Paul J. Lanteigne
- 23 -
Item Ill-M.3.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 35688
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones ' City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identitied in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A Baum, James W. Brazier, Jr., Robert W.
Clyburn Vice Mayor Robert E. Fentress, Louis R.
Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessous, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Paul J. Lanteigne
4b,
wro tlltt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into FXFCLITIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35686,
Page No. 21 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 Executije Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's know,ledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
uth Hdg. Sith, CMCIAAE
City Clerk June 2, 1992
- 24 -
Item 111-N.I.
ADJOURNMENT ITEM # 35689
Upon motion by Counci I man Baum, and BY CONSENSUS, City Counci I ADJOURNED the
Meeting at 4:05 P.M.
Be,.,l 0. H..
Chief Deputy City Clerk
.th Hdg s; Sm',th, CMCIAAE Meyera E. 0 erndorf
City Clerk Mayor
City of Virginia Beach
Virginia