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FEBRUARY 5, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAY-@ M@- E, Vl- -AYOR @OBERI @ 'E"M@, l,i@. -@@T W -@0, JOHI A@ MU., A, N-" K, J--N I '@RRI, SE...$, JR, l@ U,, lu@-@ v --S, j@ CITY COUNCIL AGENDA us.@ I U-,, Ci,l IIR@IIIA RUT@ HO@. -U., IMC/-, Ci, C,,, February 5, 1990 ITEM 1. CITY COUNCIL WORKSHOP - Conference Room - 11:00 AM A. LABOR DAY COMM I SS ION REPORT REVIEW ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 AM A. CITY COLINCIL CONCERNS ITEM 111. L U N C H - Conference RDOM - 12:45 PM ITEM I V. IWORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTFON TO RECESS INTO EXECURIVE SESSION ITEM V. FOR14AL SESSION - Council Charnber - 2:00 PM A. INVOCATION: Reverend Ronald W. Lee Princess Anne Plaza Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LtqlTED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF E)(ECUTIVE SESSION E. MINUTES 1. INFCRMAL & FORMAL SESSIONS - January 22, 1990 2. INFOFNAL & FOFNAL SESSIONS - January 29, 1990 F. CITY COUNCIL COMMITTEE REPORT 1. BOND REFERENDL" COMMITTEE REPORT William Schlimgen, Chairman G. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ord !nary course of business by City Council and w! I I be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, It will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 28.5-6 of the Code of the City of Virginia Beach, Virginia, re postlng of signs with respect to smoking In public places. 2. Ordinance to AMEND and RECRDAIN Sections 2-239, 2-240, 2-241 and 2-242 of the Code of the City of Virginia Beach, Virginia, re authorizing relocation assistance payments to persons displaced by City Road Projects. 3. Resolution approving the Planning Commission's recommendations re The Chesapeake Bay Preservation Act and directing the Ccmmission to continue with Its work. 4. Ordinance to authorize a temporary encroactment into a portion of the right-of-way of Bluegill Inlet to William A. and Carolyn Paulette (PRINCESS ANNE BOROUGH). 5. Ordinance, upon SECOND READING, to APPROPRIATE a $10,600 grant frorn the Virginia Go unc 1 1on the Environment for the continued developrnent of a City-wide Environmental Database for the Chesapeake Bay Preservation. 6. Ordinance, upon SECOND READING, to APPROPRIATE $550,000 from the General Fund Balance for the purpose of providing an expanded Spring Tourism Advertising Program. 7. Ordinance, upon FIRST READING, to APPROPRIATE funds in the amount of $228,525 frorn Golf Course Enterprise Fund retained earnings for Proi ect #4-953 Kempsv i f I e Greens Go] f COurse lmprovernents. 8. Ordinance, FIRST READING, to APPROPRIATE $56,278 to fund seven additional ternporary positions In the Sheriff's Office; and Increase reimbursement revenl* from the Commonwealth in the amount of $46,211. 9. Ordinance to TRANSFER $31,818 within General Services' Operating Budget for the purchase of a modular building for Landscape Services. 10. Ordinance authorizing license refunds in the amount of $6,532.06. H. APPOINTMENTS ADVERTISING ADVISCRY REVIEW CCMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 1. UNFINISHED BUSINESS J. NEW BUSINESS I - ReSol ution requesting the Gen,,,l Alsembly to defeat aII bills concerning vesting of zoning. K. ADJOLJRN4ENT FEBRUARY 20, 1990 2:00 PM RESCHEDULE OF FEBRUARY 19, 1990 "PRESIDENTS? DAY" 2/1/90 lb M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrgirila Beacii, Virglnla February 5, 1990 The LABOR DAy COMISSION REPORT REVIEW WORKSHop of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conferel)ce Room, City Hall on Monday, February 5, 1990, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 2 - LABOR DAY COMMISSION REPORT REVIEW CITY COUNCIL WORKSHOP 11:00 A.M. ITEM # 32346 Mayor Oberndorf requested City Council express their concerns relative the LABOR DAY COMMISSION REPORT and to provide policy direction to the City Manager and his staff. Council Members expressed concerns relative: City's liability in relation to the proposed courses of action Litigations resulting from Labor Day 1989. Appropriate Black Leadership, Recognition of the Resort area as a residential area. The need to combine the independent groups. Capacity to accommodate safely huge crowds in a the small geographic area of the Beach. Coordination of all reports (Labor Day Review Commission, Beachfront Events Committee, Interracial Civic Coalition Report and the Norfolk State Sijmmit). Inclusion of the MINORITY REPORT Provision for official headquarters in proximity to the oceanfront for information dissemination, as well as distribution by the media. There shall be no further reference to the event as GREEKFEST. The City Council acting as a "Committee of the whole" with Council Members chairing Subcommittees. Representation at the February 15, 1990, Student Meeting in Saint Louis, Missouri. Community Participation in Entertainment The LABOR DAY REVIEW COMMISSION REPORT has five (5) general recommendations and twenty-one (21) specific ones. Mayor Oberndorf requested the City Manager respond to City Council reiative his assessment of the recommendations of the LABOR DAY REVIEW COMMISSION REPORT, the needs perceived, his preparations for LABOR DAY 1990 and the identity of all groups involved in LABOR DAY 1990. The City Attorney is to prepare responses to City Council's concerns relative the City's liability for health, safety and welfare. - 3 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 32347 The City Manager di stributed an upda ted Iist!ng of the status of the, Vi rg in la Beach 1990 LEGISLATIVE PACKAGE. ITEM # 32348 Nbyor Obernd or f d i str ibuted a copy of correspond ence to Sen a tor Andre ws and his response of January 29, 1990. Senator Andrews was the only member of the General Assanbly who has responded to the City Council's concerns relative the, funding for the indigent care. Senator Andrews advised the State cannot al low relief for agencies that overspend their budgets, as this would undermine those un its that do I ive wi th i n the i r budget. In these t imes of ser ious f i scal constraints all m ust be es pec i a I I y a ware of f und i ng I im i tations. Senator And rews believed the expansion of aid to localities must occur through additional funding for thE, al location formula and wil I assist in whatever way possible. Said letters are hereby made a part of the record. ITEM # 32349 Mayor Oberndorf distributed copies of her letter to Chairman James N. Fl etch(,,r, Virginia Beach School Board , suggesting the opportunity for an enhanced dialogue between the School Board and the City Council is mutual I y desirable, just as improved communication in such areas as site selection has paid dividends in the past. The state and local budget picture is not positive. These trends are causing the City Council signif icant concern in looking to the FY 1990-91 Budget process. Mayor Oberndorf requested the School Board invite Mr. E. Dean Block, the Assistant City Manager for Analysis and Eval uation, to provide the Board the same briefing on the long-term trends and forecasts as recently provided to City Council . %yor Oberndorf suggested consideration of the establ ishment of a Financial Liaison C<:>mmittee consisting of two members of the School Board and two members of the City Council to work together and share information relat,,-d the financial situation. ITEM # 32350 Mayor Oberndorf also referenced Petitions frc>m the Kingston Elementary PTA in OPPOSITION to the fire station at Brill Field - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32351 Councilman Sessoms referenced Indigent Health Care. Public and Private partnerhips could be of major assistance to the City. Virginia Beach General Hospital has agreed to donate $40,000 to the City for the use of prenatal care. Mayor Oberndorf disclosed she was a Member of the Board of Tidewater Health Care which oversees Virginia Beach General and Portsmouth General and was most proud of this decision. ITEM # 32352 Councilman Baum referenced the STATUS OF VIRGINIA BEACH 1990 LEGISLATIVE PACKAGE. Under OTHER ISSUES, the Bill relative Septic Tanks was not reflected. Councilman Baum requested Robert Matthias advise City Council relative the BILL which apparently gives the Health Department authority in rural areas. Councilman Baum wished to know the effect of same on the rural areas. ITEM # 32353 Councilman Baum referenced the Resolution approving the Planning Commission's recommendations re The Chesapeake Bay Preservation Act and directing the Commission to continue with its work. (See Item V-G.3 under the CONSENT AGENDA). Councilman Baum advised should Members of City Council wish to SCHEDULE same for PUBLIC HEARING, this would be agreeable, but requested the vote not be continually DEFERRED. Only those areas that drain into the Chesapeake Bay should be subject to The Chesapeake Bay Preservation Act. Councilwoman Parker advised of concerns relative the need for Envirorimental protection of Back Bay. Councilwoman McClanan advised the PLANNING COMMISSION did not have a PLIBLIC HF,ARING relative The Chesapeake Bay Preservation Act. The Planning Commission only sent their recommendation. Councilman Baum advised of his increasing alarm relative individuals concern about the environment on other people's property. ITEM # 32354 Councilwojuan Henley referenced the Memorandum from Thomas M. Martinsen, Jr., Deputy City Manager, relative the Southeastern Public Service Authority Curbside Recylcing Program, which is a substantial increase to the member cities. The cost of the SPSA proposed recycling program would increase member cities' tipping fees significantly as it is implemented in a three phase process. The initial year's impact would be $2.25 per ton, rising to $3.78 per ton the second year, and finally $5.68 per ton the third year. Councilwoman Henley would be most interested in receiving a BRIEFING on this proposal. Councilwoman Henley further referenced a proposal she had suggested approximately two years ago to make more convenient the opportunity for individuals to drop off their recyclables in locations around the City on a regular basis, such as available for newspapers. However, there is a problem with newspapers due to the availability of a market. Councilwoman McClanan advised the Clean Community Commission had a proposal for a recycling center but were told to hold same in abeyance. Mayor Oberndorf advised the program being proposed is not mandatory. Councilwoman Parker advised the Clean Community Commission needs to be encouraged to bring their report forward. Councilman Baum advised composting, a rural idea, might be practical for homeowners. Councilman Moss hoped less costly alternatives would be examined. February 5, 1990 - 5 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32354 (Continued) The City Manager advised a BRIEFING will be SCliEDULED on February 20, 1990, by the SOUTHEASTERN PUBLIC SERVICE AUTHORITY. There will be subsequent BRIEFINGS on the other issues with particular emphasis on the Clean Commiinity proposal. ITEM # 32355 Councilwoman Henley requested the FIVE-YEAR FINANCIAL FORECAST be presented to the PLANNING COMMISSION by E. Dean Block, Assistant City Manager for Analysis and Evaluation. ITEM # 32356 Councilwoman Henley requested an Informal Meeting with the City's Delegation in the General Assembly. BY CONSENSUS, Mayor Oberndorf will correspond with the City's Delegation in the General Assembly requesting a Meeting on Saturday, February 17, 1990, at 8:30 A.M. at one of the library location's meeting rooms for discussion relative the status of various Biils. ITEM # 32357 In response to Councilman Balko's inquiry, Councilman Baum again referenced the Land Use Taxation Program. The land use values are determined by the State Land Evaluation Advisory Council. A major error has been made. Jerald Banagan, Real Estate Assessor, stated upon receipt of the response to Councilman Baum by the State, he will advise Council Members. ITEM # 32358 Councilman Moss referenced the FY 1990-1991 OPERATING BUDGET and the communication of City Council's fiscal guidance. The fiscal issues might be equal to the Labor Day issues in terms of long range impact. Both are tied to one another. The process should not evolve through default. The stability and direction of the financial budget can directly impact the City's ability to attract new businesses. ITEM # 32359 As TRANSFER OF DEVELOPMENT RIGHTS appear to be delayed another year, Councilman Moss requested the City move forward with the COMPREHENSIVE PLAN and SCHEDULE a WORKSHOP for February or early March. ITEM # 32360 Councilman Moss requested a representative delineate the locations of the specific concerns communicated by the Environmental Protection Agency and the new Time Schedule relative the SOUTHEASTERN EXPRESSWAY. - 6 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32361 Vice Mayor Fentress distributed copies of the "OFFICIAL HANDBOOK for AUTHORITIES, BOARDS, COMISSIONS, COMMTTEES". This Handbook provides members a statement of policy with guidelines which govern the role, operation and responsibilities of the City Council's appointive agencies. TTEM # 32362 Vice Mayor Fentress will be bringing forth, on a future City Council Agenda an Ordinance authorizing bicycles the utilization of City sidewalks for leisure bicycle riding. The City will probably never have sufficient bikepaths. ITEM # 32363 Vice Mayor Fentress has requested for a future Agenda the amendment of an Ordinance involving non-conforming signs where the faces are changed. There are too many "loopholes" contained in the current ordinance. ITEM # 32364 Councilwoman Parker referenced the possibility of attaching a rider to BILL NO. 304 regarding imposing impact fees for road improvements, Adding Chapter 11 of Title 15.1 an article numbered 8.2 consisting of sections numbered 15.1-498.11 through 15.1-498.20. The Senate APPROVED same 29-9. Councilwoman Parker requested the possibility of attaching a rider to AMEND this Bill. The City Manager will provide a copy of this Bill to City Council during the FORMAL SESSION. - 7 - ITEM # 32366 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City liall Building, on Monday, February 5, 1990, at 12:55 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 8 - ITEM # 32367 Mayor Meyera E. Oberndorf entertained a motion to pertnit city Council to conduct its EXECURIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective and'Idates for emplorent, assignment, appo in tment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2. 1-344 (A) (1). To wit: (1) Appointments: Advertising Advisory Review Camission, Virginia Beach Community Development Corporation. (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. 2. PTJBLICLY HELD PROPERTY: Discussion or consideration of the condition, acqu s tion or Lse of real property for pubi ic purpose, or of the disposition of pub] icly held property, or of the plans for the f ut ure of an institution w'nich could affect the val ue of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3) . (1) To Wit: Condition, acquisition, or use of real property: Lynnhaven Borough . 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by coun@,l pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach, et al Upon motion by C)ouncilman @ss, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECLITIVE SESSION. Voting: 11-0 CoLncil Members Voting Aye: Albert W. Balko, John A. Baun, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Wyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C<)uncil Members Voting Nay: None Council Mernbers Absent: None - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COLJNCIL February 5, 1990 2: 00 P. M. %yor Mayera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hal I Building, on Monday, February 5, 1990, at 2:00 P.M. Council Nbmbers Present: Albert W. Balko, John A. BaLin, Vice Payor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Ronald W. Lee Princ(,ss Anne Plaza Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item V-D.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32368 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry" and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye CERTIFICATION OF EXECUTIVE SESSION WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here 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 as co,d,cted 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. MOTION; Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). To wit: (1) Appointments: Advertising Advisory Review Commission, Virginia Beach Community Development Corporation. (2) Personnel Evaluations: City Clerk, City Assessor, City Manager. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of rea property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To Wit: Condition, acquisition, or use of real property: Lynnhaven Borough. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach, et al. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None R. h Hodges mth, CMCIAAE City Clerk Item V-E. I . MINUTES ITEM # 32369 Upon motion by Oouncilwoman Parker, seconded by Oc)uncilman Sesscms, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of January 22, 1990. Voting 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Mernbers Voting Nay- None Council Members Absent: None - 12 - Item V-E. 1. MINUTES ITEM # 32370 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of January 29, 1990. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, liarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Council Members Sessoms ABSTAINED as he was not in attendance during the City Council Session of January 29, 1990. - 13 - Item V-F.l. BOND REFERENDUM COMITTEE ITEM # 32371 REPORT William Schlimgen, Chairman - BOND REFERENDUM COMWTTEE, reported on the expenditures and obligations incurred by the City through December 31, 1989, on highway and school projects approved in the 1986 Referendum and on community center projects approved in 1987. Six of the seven 1986 highway projects are underway with construction having recently begun on General Booth Boulevard. In addition, a construction contract was awarded in December 1989 with construction about to begin on Indian River Road, the seventh and last of the 1986 highway projects. Of $40,000,000 authorized, 67.1% or $26,850,162 has been contracted. Construction is virtually complete on Ocean Lakes, Red Mill Farm, and Tallwood Elementaries and approximately 48% complete on Glenwood Elementary. The sites for schools in the Farmer's Market area and for London Bridge Road have been acquired. Funds totaling $27,424,115 or 84.9% of the $32,310,000 authorized for schools have been expended. Both the Great Neck and Bow Creek Community Centers are under construction. A notice to proceed for the Bayside Center was to be given in January 1990. The Southeast Center is anticipated to be bid in July 1990. Through December 31, 1989, $12,837,775 or 39.1% of the $32,850,000 total had been contracted. A listing of the Highway Referendum funding adjustments and the allocation of the School Projects is included within the report. All reported expenditures appear to be appropriate and in accord with voter approved questions in the 1986 and 1987 REFERENDUMS. 1 4 Item V-G. CONSENT AGENDA ITEM 32372 Upon motion by Vice %yor Fentress, seconded by Counci Iman Balko, City ()Duncil APPROVED in ONE MOTION Items 1, 2, 4, 5, 8, 9 and 10 of the CONSENR AGENDA. Items 3, 6 and 7 were pul led for a separate vote. Voting 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Nbyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Veyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Cc)uncil Members Absent: None 1 5 Item V-G. I CONSENT AGENDA ITEM # 32373 Upon motion by Vice Ve yor Fen tress, second ed by 00unc 1 l man Bal ko, Ci ty Counc i I ADOPTED: Ordinance to AMEND and REORDAIN Section 28.5-6 of the Code of the City of Virginia Beach, Virginia, re postfng of signs with respect to smoking in public places. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLfn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C)ouncil Members Voting Nay: None Council Members Absent: None &@@YNTINTS pa,-; @v ,,,U F! m 1 AN ORDINANCE TO AMEND AND @,, - / 2 REORDAIN SECTION 28.5-6 OF THE" 6i; RTTORNEY 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 THE POSTING OF SIGNS WITH 6 RESPECT TO SMOKING IN PUBLIC 7 PLACES. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 28.5-6 of the Code of the City of Virginia 11 Beach, Virginia, is hereby amended and reordained to read 12 follows: 13 Section. 28.5-6. Posting of signs. 14 (a) Any person who owns, manages or otherwise controls any 15 building or area in which smoking is regulated by this chapter 16 shall post in an appropriate place in a clear, cOnSpicuous, and 17 sufficient manner "Smoking Permitted" signs or "No Smoking" signs 18 (or a sign displaying the international "No Smoking" symbol 19 consisting of a pictorial representation of a burning cigarette 20 enclosed in a @ circle with a @ bar across it). Print on such 21 signs shall be at least one (1) inch in height and the 22 international symbol, if used, shall have a circle of at least 23 four (4) inches in diameter. 24 (b) Every restaurant, bingo hall and bowling alley regulated 25 by this chapter shall post at or near its entrance a sign stating 26 that a no-smoking section is available. 27 (c) "No Smoking" signs may, but are not required to, contain 28 language that smoking is prohibited by city ordinance and that 29 violation of the no-smoking prohibition is a Class 4 misdemeanor 30 punishable by a fine up to one hundred dollars ($100.00). 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the -5th day of FebruarY 1990. 33 RMB/ccm 34 01/12/90 35 CA-03610 36 \ordin\proposed\28-5-006.pro - 16 - Item V-G.2 CONSENT AGENDA ITEM # 32374 Upon motion by Vice Mayor Fen tress, second ed by C<)unc i I man Ba l ko, C!ty Counc i I ADOFrED: Ordinance to AMEND and REORDAIN Sections 2-239, 2- 240, 2-241 and 2-242 of the Code of the City of Virginia Beach, Virginia, re authorizing relocation assistance payments to persons displaced by City Road Projects. Voting: 11-0 Council @mbers Voting Aye: Albert W. Balko, John A. BaLrn, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Veyor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None D FOPM AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-239, 2-240, 2-241 AND 2-242 OF THE CODE OF 4 THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, PERTAINING TO 6 AUTHORIZING PAYMENTS TO PERSONS 7 DISPLACED BY CITY ROAD 8 PROJECTS. 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 2-239, 2-240, 2-241 and 2-242 of the Code of 12 the City of Virginia Beach, Virginia, are hereby amended and 13 reordained to read as follows: 14 Section 2-239. Payments for moving expenses. 15 Whenever the acquisition of real property for a road program 16 or project by a city agency will result in the displacement of 17 any person, such agency shall make fair and equitable relocation 18 payinents to such displaced person for actual, reasonable expenses 19 in moving himself, his family, business, farm operation or other 20 personal property. Such payment shall not exceed 21 two hundred dollars ($2,500.00). 22 Section 2-240. Payment for loss of earnings from business or 23 farm operation. 24 (a) Any displaced person eligible for payments under 25 section 2-239 who is displaced from his place of business or from 26 his farm operation, and who elects to accept the payment 27 authorized by this section , in lieu of the payment authorized by 28 section 2-239, may receive a fixed payrnent in the amount equal to 29 the average annual net earnings of the business or farm 30 operation; provided that, such payment shall not be less than two 31 thousand five hundred dollars nor more than 32 twenty thousand dollars ($20 000.0o). 33 (b) In the case of a business, no payment shall be made 34 under this section, unless the city agency is satisfied that the 35 business: 3 5 (i) Cannot be relocated without a substantial loss of its 36 existing patronage; and 37 (2) Is not a part of a commercial enterprise having at least one 38 other establishment not being acquired by the city agency, 39 which is engaged in the same or similar business. 40 (c) For the purpose of this section, the term "average net 41 earnings" means one-half of any net earnings of the business or 42 farm operation, before federal and state income taxes, during the 43 two (2) taxable years immediately preceding the taxable year in 44 wriich such business or farm operation moves from the real property 45 acquired for such project, or during such other period as such 46 agericy determines to be more equitable for establishing such 47 earnings, including any compensation paid by the business or farm 48 operatioii to the owner, his spouse or his dependents during such 49 period. 50 Section 2-241. Payment for purchase of replacement dwelling. 51 (a) In addition to payments otherwise authorized by this 52 division, the city agency shall make additional payments not in 53 excess of fifteen theu5att twenty-two thousand five 54 hundred dollars ( I - ($ 500.00 to any displaced person 55 who is displaced from a dwelling actually owned and occupied by 56 sucn displaced person for not less than one hundred eighty (180) 57 days prior to the initiation of negotiations for the acquisition 58 of the property. Such additional payment shall include the 59 following elements: 60 (i) The amount, if any, which when added to the acquisition cost 61 of the dwelling acquired, equa@ls the reasonable cost of a 62 comparable replacement dwelling. 63 (2) Reasc)nable expenses incurred by such displaced person for 64 evidence of title, recording fees and other closing costs 65 incident to the purchase of the replacement dwelling, but not 66 including prepaid expenses. 2 67 (b) The additional payment authorized by this section shall 68 be made only to such displaced person who purchases and occupies 69 a replacement dwelling not later than the end of the one-year 70 period beginning on the date on which he receives final payment of 71 all CC)STS of the acquired dwelling, or on the date n hich he 72 rnoves frc)m the acquired dwelling, whichever is the later date. 73 Section 2-242. Payment for lease or rental of dwelling by 74 persons not eligible for payment under section 2- 75 241. 76 In addition to amounts otherwise authorized by this division 77 a city agency shall make payment to or for any displaced person 78 who is not eligible to receive payment under section 2-241, but 79 who is displaced from any dwelling that was actually and lawfully 80 occupied by such displaced person not less than ninety (90) days 81 prior to initiations for acquisitic)n of such dwelling. Such 82 payrnent shall be the amount necessary to enable Such displaced 83 person to lease or rent, for a period not to exceed one year, a 84 dwelling adequate to accorftmodate such person, but not to exceed 85 five thousand two hundred fifty dollars 86 ($5,250.00). 87 Adopted by the Council of the City of Virginia Beach, 88 Virginia on the Fifth day of February 1990. 89 JAR/ccm 90 01/16/90 91 CA-0 92 \ordin\proposed\02-239et.pro 3 1 7 Item V-G.3 CONSENT AGENDA ITEM # 32375 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED: Resolution approving the Planning Commission's recommendations re The Chesapeake Bay Preservation Act and directing the Commission to continue with its work. Councilman Baum referenced the letter of December 14, 1989, from Kenneth D. Barefoot, Chairman of the Planning Commission. The need for careful environmental protection in the southern parts of the City that do not drain into the Chesapeake Bay is recognized. The need for such protection for Back Bay has been clearly identified by such studies as the recent Roy Mann report. This need will be addressed as part of the Comprehensive Plan amendment. The regulations of the Chesapeake Bay Preservation Act should only include those drainage basins directly affecting the Chesapeake Bay. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilwoman Henley referenced her letter of February 5, 1990, which pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), of the Code of Virginia, DECLARED her ownership of real property located in an area which may be impacted by the Chesapeake Bay Preservation Act. Councilwoman Henley's interest in the real property exceeds $10,000.00. Councilwoman Henley is a Member of a group, as well as a member of the general public, both of which may be affected by said Resolution. Councilwoman Henley is able to participate in the vote relative the Resolution fairly, objectively, and in the public interest. (Said letter is hereby made a part of the proceedings.) Councilman Baum verbally disclosed his ownership of real property which may be impacted by the Chesapeake Bay Preservation Act and his intent to vote for this Resolution. COUNCILWOMAN BARBARA M. HENLEY 3513 CHARITY NECK ROAD PUNGO BOROUGH VIRGINIA BEACH, VIRGINIA 23456 (804) 426-7501 February 5, 1990 Mrs. Ruth Hodges Smith, CMC/AAE CitY Clerk's office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639-14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14 (G) , Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is a resolution concerning the Chesapeake Bay Preservation Act and any other ordinances or resolutions which pertain to the Chesapeake Bay Preservation Act. 2. The nature of my personal interest is that I own certain real property which is located in an area which may be impacted by the Chesapeake Bay Preservation Act. My interest in that real property exceeds $10,000.00. 3. I am a member of a group, as well as a member of the general public, both of which may be affected by :the resolution concerning the Chesapeake Bay Preservation@Act as well as other ordinances and/or resolutions concerning the Chesapeake Bay Preservation Act. 4. I am able to participate in the above-referenced transaction fairiy, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Barbara M. Henley BMH/awj Enclosure 1 RESOLUTION 2 WHEREAS, under the terms of the Chesapeake Bay 3 Preservation Act Final Regulations, localities in Virginia have 4 until September 20, 1990, to establish the location of resource 5 protection areas and resource management areas as designated by the 6 regulations; and 7 WHEREAS, some but not all of Virginia Beach is located 8 in watersheds draining to the Chesapeake Bay; and 9 WHEREAS, the City Council has asked the Planning 10 Commission for a recommendation on which parts of the City of 11 Virginia Beach should be subject to the regulations of the 12 Chesapeake Bay Preservation Act; and 13 WHEREAS, the Planning Commission has responded by letter 14 dated December 14, 1989, that it prefers including only those 15 drainage basins directly affecting the Chesapeake Bay to be 16 included; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the City Council concurs with the Planning 20 Commission preference and hereby directs the Planning Commission 21 to continue with their work. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the -5 day of February 1990. 24 LLL/ccm 25 01/31/90 26 CA-3624 27 Chesbay.Res - 18 - Item V-G.4 CONSENT AGENDA ITEM # 32376 Upon motion by Vice %yor Fentress, seconded by Counci lman Balko, City Council ADOP'TED: Ordinance to authorize a temporary encroachaent into a portion of the right-of-way of Bluegill lnfet to Will iarn A. and Carolyn Paulette (PRINCESS ANNE BOROUGH). The fol lowing conditions are required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of an y liability as a result of the encroachment 3. The owner agrees to maintain said encroacwent so as not to become unsightly or a hazard. 4. The owner agrees to obtain an approved waterfront pennit. Vot i ng: 11-0 Council Nbmbers Voting Aye: Albert W. Balko, John A. BaLrn, Vice Nbyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Cbuncil Mernbers Voting Nay: None Council Members Absent: None 1 Requested by Department of Public Work, 2 AN ORDINANCE TO AUTHORIZE 3 A TEMPORARY ENCROACHMENT 4 INTO A PORTION OF THE 5 RIGHT-OF-WAY OF BLUEGILL 6 INLET TO WILLIAM A. 7 PAULETTE AND CAROLYN 8 PAULETTE, HUSBAND AND 9 WIFE, THEIR HEIRS, ASSIGNS 10 AND SUCCESSORS IN TITLE 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That pursuant to the authority and to the extent thereof 14 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 15 Williani A. Paulette and Carolyn Paulette, husband and wife, their 16 heirs, assigns and successors in title, are authorized to 17 construct and maintain a temporary encroachment into the 18 right-of-way of Bluegill Inlet. 19 That the temporary encroachnent herein authorized is for 20 the purpose of allowing the installation of a timher bulkhead and 21 dock and that said encroachment shall be constructed and 22 maintained in accordance with the City of Virginia Beach Public 23 Works Department's specifications as to size, alignment and 24 location, and further that such temporary encroachment is more 25 Particularly described as follows: 26 An area of encroachment into a 27 portion of the City's right-of-way 28 known as Bluegill Inlet, as shown on 29 that certain plat entitled: 30 "PROPOSED BULKHEAD, FILL & DOCK IN 31 BLUEGILL INLET AT SANDBRIDGE COUNTY 32 OF VA. BEACH STATE VA APPLICATION BY 33 BILL PAULETTE SHEET 1 OF 2 DATE 5- 34 18-89," a copy of which is on file 35 in the Department of Public Works 36 and to which reference is made for 37 a more particular description. 38 PROVIDED, HOWEVER, that the temporary encroachment 39 herein authorized shall terminate upon notice by the City of 40 Virginia Beach to William A. Paulette and Carolyn Paulette, 41 husband and wife, their heirs, assigns and successors in title, 42 and that within thirty (30) days after such notice is given, said 43 encroachment shall be removed from the CitY's right-of-way of 44 Bluegill Inlet and that William A. Paulette and Carolyn Paulette, 45 husband and wife, their heirs, assigns and success,rs in title, 46 shall bear all costs and expenses of such removal. 47 AND, PROVIDED FURTHER, that it is expressly understood 48 and agreed that William A. Paulette and Carolyn Paulette, husband 49 and wife, their heirs, assigns and successors in title, shall 50 indemnify and hold harmless the City of Virginia Beach, its agents 51 and employees from and against all claims, damages, losses and 52 expenses including reasonable attorney's fees in case it shall be 53 necessary to file or defend an action arising out of the location 54 or existence of such encroachment. 55 AND, PROVIDED FURTHER, that William A. Paulette and 56 Carolyn Paulette, husband and wife, agree to maintain said 57 encroaclunent so as not to become unsightly or a hazard. 58 AND, PROVIDED FURTHER, that William A. Paulette and 59 Carolyn Paulette, husband and wife, agree to obtain an approved 60 waterfront permit. 61 AND, PROVIDED FURTHER, that this ordinance shall not be 62 in effect until such time that William A. Paulette and Carolyn 63 Paulette, husband and wife, execute an agreement with the City of 64 Virginia Beach encompassing the aforementioned provisions. 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the 5 day of Februarv 1 19 90 67 JAS/J ls D AS TO CON'fEl,4TS 68 01/ 25/90 69 CA-89-3494 70 (ordin\noncode\paulette.ord) APPR'-',,'i' L'CAL 2 t ECT SITE Blnd Eas I ,r LOCATION MAP i THTS AGREEMENT, made this day of 1.9 by aiid bctween the CITY OF VIRGINIA BEACH, VIRGINIA, a iftiuriicipal corporation, party of the first part, a'nd WILLIAM A. PAULETTE AND CAROLYN PAULETTE, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parti.es of the second part. W T T N E S S E T H: That, WHEREAS, it is proposed by thc Partics of the second part to allow the installation of a timber bulkhead and dock in tl)e City of Virginia Beach; and WHEREAS, iii allowing the installation of a timb bulkhead and dock, it is ncccssary that the said parties of the second part encroach into a portion of an cxisting City right- Iof-way known as Bluegill Inlet; and said parties of the second 11 I !j part have requested that the party of the first part grant a temporary encroachment to facilitate tlie installation of such a timb,2r b.lkh,!ad and dock within a portion of the City's right- of-way known as Bluegill Inlet. NOW, THEREFORE, for and in consideration of the premises and of tho benefits accruing or to accrue to the parties of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, thc party of thc GPIN 2433-26-5721 first pait 6ctll grant Lo tho P,rtics of thc second part a @OmPOtary encroachmcnt tO use a P',-tion of the city,, right-of- way knc)wn as Blucgill Inlct for thc PurPosc of allowing thc installation of such timbcr bulkhead and dock. It is cxpressly understood and agreed that such tcmporary cncroachment wi.1.1 be constrtictcd and maintained in accordance with the laws of the Commonwcalth of Virgiriia and the CitY of virainia Beach, and in accordance with the City of Virginia Boach Public Works Department's specifications and approval as to sizo, alignment and location and is More Particularly dcscribcd as follows, to wit: An arca of (@ricroachment into a portion of thc City's right-of-way known as Blucgill Iialet, as shown on that ccrtain plat (Irititlcd: "PROPOSED BIJLKHEAD, FILL & DOCK IN BLUEGILL INLET AT SANDBRIDGE COUNTY OF VA. BEACH STATE VA APPLICATION BY BILL PAULETTE SHEET 1 OF l@ DATE 5-18-89," a copy of which i-s attachod licrcto as Exhibit "A" and to wlij.ch rr-ference is madc for a mor(,@ particular description. It is further expressly understood and agreed that the temporary cncroachmcnt herein autliorizcd shall terminate upon notico by the City of Virginia Beach to thc partics of the second part, and tliat within thirty (30) days aftcr such notice is given, such temporary encroachment shall be removed from the City's right-ol@-way known as Bluegill Inlet by the partics of the second part; and that the parties of thc second part shall bear all costs and expenscs of such removal. Tt is furthor c,@xprcssly uriderstood and agreed that tlle parties o:E thc second part shall indcinnify and hold harmless the C!.tY of Virginia Dcach, its agenls and employces, from and ag@iiiist all clairyis, dainages, losses and cxpcnses i.ncluding reasonable attorney's fees in casc it sliall be necessary to file or dofend an action arising out of thc location or existcnce of such toinporary cncroachment. It is furthcr expr(--ssly understood and agreed that nothing herein containcd -@hall be construed to enlarge such pcrmission and authority to permit thc inaintenance or construction of any encroachment othcr than that specified herein and to thc limitcd cxtent specified herein, nor to pcrmit the iiiaintcnance and construction of any cncroachmcnt by anyonc other than the parties of the sccond part. It is furthcr cxpressly iinderstood and agreed that the partics of the second part agrec to maintain said encroachment so as not to become unsightly or a liazard. It is further cxpressly understood and agreed that the parties of the sccorid part must obtain an approved watcrfront pcrmit. It is further cxpressly tinderstood and agreed that the party of the first part, iipon rcvocation of such authority and pc.,rmission so granted, may rcmove any such cncroachment and charge the cost thereof to tho partics of the second part, and collcct thc cost in any manner providcd by law for the collcction of local or state taxes; may rcquire the parties of the second 3 chm ing ,uch to romovc -Uch t(Imp,)rary ncroa cnt; and p nd removal, tllo party of the first part may chargc thc parties of the second part compcnsation for thc usc of such portion of thc City's right-of-way encroachcd upon tho cquivalent of what would bc the rcal propcrty tax upon the land so occupicd if it were owncd by thc partics of thc second part; and if 5uch renloval shall not bc made within tlic time ordercd hereinabovc by this Agrcement, the City shall impose a pcnalty in the sum of One Hundrcd Dollars ($100.00) per day for each and cvery day that such encroachment is allowed to continue thcreaftcr, and shall coiiect such compcnsation and penalties in any manncr providod by law for the collcction of local or state taxes. IN WITNESS WHEREOF, William A. Paiilettc and Carolyn pauiettc, husband and wife, the said partics of the second par t liave caused this Agrccment to bc oxecuted by their signatures and scals duly affixcd. Furthcr, that thc City of Virginia Beach has causod this Agreemcnt to bc cxccutcd in its namc and on its bc,,half by its City Manager aiid its seal bc., hcreunto affixed and attcstd by its City Clerk. CIT'T OF VIRGINIA BEACH By -ti, Maag@r (SEAL) ATTEST: City 4 (SFAL) (c-UAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public iii and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for th, CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agrcement bearing date on the - day of , 19_, has acknowledged the same before mo ill iny City and State aforesaid. GIVEN undcr my hand thi-s - day of 1.9-. -t--ry Pblic My Cojiunission Expircs: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Ft Notary Public in and for the City and ',tate aforosaid, do hercby ccrtify that RUTII IIODOES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the forcgoing Agreement bearing date on thc- day of I 19 -, lias acknowledged the same bofore me in my City and Statc aforesaid. GIVEN tindcr mY liana tbis day of 19 14'tl.ly MY COmmission Expires: SI'ATE OF VIRGINIA CITY OF VIRGINIA BEACII, to--wit:: I' , a Notary Public ill and for tlle City and StaLe afo-t-osaid, do hercby certify that William A. Paulcttc!, wlose namo is signod to tbe forego,'ng writing, bearing date the day of has acknowledged the same bcfore me ill my City and Statc aforesaid. Given urider iny liand this day of MY COITMission Expires: STATE OF 'IIRGI-'NIA CITY OF VIPGINIA BEACH, to-wit: I a Notary Piiblic iri aiid for tlic City and State aforcsaid, do hr-,reby cortify that Carolyn Paulette, whoso namc is signcd to the forcgoing writing, k4-Lday of bearing datc thc 19 - ", ha@ acknowlcdged tli am- b c 0 cfore ,e ill mY City and Statc aforesaid. 6 i.indcr my @ia nd this d.y I 1- 9@, MY Commission EXpires: C, JAS/jls !)ate: 09/2i/89 CA-89-3494 icncroacli\Paulette.agr) Aptll(U\IED AS TO CON'IL@\i@ 61 SIG,\@A-,U2E D7@l/.,i APPROI,I'@L@ A@ Ti@ L,E,(3A!- 5UfF!CIE@4CY A'@iD FOI.@M 7 EXHIBIT A T -F6 RC@C-C bE,@RIC)RAI@ A&J.b FAt LILIL-, B(JU<HrrA-b 5n LF- PLU-SnAie /-L EX15T.L, B@ @X wrbi@@ XKILE i7.AT-.s PI Ll NJ E c J6, m D EA Ai NOT A SUBDIVISION PURPOSE: I-rcvc OPO-Scd 'BLLI k DATUM Oww 2:)oc ADJACENT PROPEA i@ha,d IN Blutc);Il @n IT 3CLr) CIL),, ct C) klOrrr<A COUNTY OF \ia @ 3 APPLICATION BY 314EET / OF 7-DA 5 5 1 9 Item V-G.5 CONSENT AGENDA ITEM # 32377 Upon motion by Vice Veyor Fentress, seconded by Councilman Balko, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE a $10,600 grant from the Virginia Council on the Environment for the continued development of a City-wide Environmental Database for the Chesapeake Bay Preservation. Voting: 11-0 Council Wmbers Voting Aye: Albert W. Balko, John A. SaLrn, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Wyor Nbyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting %y: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE A $10,600 GRANT FROM THE 2 VIRGINIA COUNCIL ON THE ENVIRONMENT AND TO TRANSFER 3 $7,066 REQUIRED AS THE CITY'S MATCH FROM THE PLANNING 4 DEPARTMENT'S FY 1989-1990 OPERATING BUDGET TO BE USED 5 FOR THE CONTINUED DEVELOPMENT OF AN ENVIRON14ENTAL DATABASE 6 WHEREAS, in the past, the City of Virginia Beach has received a grant 7 from the Virginia Council on the Environment to acquire computer equipment and 8 software for the establishment of a citywide envirorunental data base; 9 WliEREAS, the City has applied for and received an additional grant 10 from the Virginia Council on the Envirorunent equaling $10,600 and requiring a 11 city match of $7,066; 12 WHEREAS, the total amount of $17,666 will be used to acquire 13 additional computer hardware and to hire temporary technical graphics staff in 14 order to accomplish required mapping and database development in conjunction with 15 the Chesapeake Bay Preservation Act; 16 WHEREAS, the $7,066 required as a city match is available from 17 various accounts within the Planning Department's FY 1989-90 Operating Budget. 18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA 20 That the $10,600 Grant from the Virginia Council on the Environment 21 be accepted and appropriated and that $7,066 be transferred from the Planning 22 Department's Fy 1989-90 Operating Budget to the Grants Consolidated Fund for the 23 development of maps and databases required by the Cbesapeake Bay Preservation 24 Act; 25 BE IT FURTHER ORDAINED, that estimated revenues be inrrea,ed by 26 $10,600 for receipt of a grant from the Virginia Council on the Environent. 27 This ordinance shall be effective from the day of its adoption. 28 Adopted on Fifth day of February 1990 29 First Reading 30 Second Reading February 5, 1990 - 20 - Item V-G.6 CONSENT AGENDA ITEM # 32378 Upon motion by C<)unci Iman Perry, seconded by Counci lman Sessom-9, City Council ADOFrED, upon SECOND READING: Ordinance to APPROPRFATE $550,000 frorn the General Fund Balance for the purpose of providing an expanded Spring Tourism Advertislng Progran. The City Manager advised Councilman Perry the control of the funds will be within the Convention and Visitor Development Department Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss ' @yor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Mernbers Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE $550,000 FROM GENERAL FUND 2 BAIANCE FOR THE PURPOSE OF PROVIDING AN EXPANDED SPRING 3 TOURISM ADVERTISING PROGRAM 4 WHEREAS, events and trends occurred during the 1989 tourist season 5 which impacted the competitiveness of Virginia Beach from a tourism and marketing 6 perspective; 7 WHEREAS, it is necessary to address these trends and events through 8 additional advertising efforts; 9 WHEREAS, it is in the city's interest to maintain the tourist 10 industry and be able to reflect the true Virginia Beach to all potential 11 visitors; 12 WHEREAS, the development and implementation of an ex?anded spring 13 tourism advertisement Program at a cost of $550,000 will be a step towards 14 accomplishing these goals; 15 WHEREAS, an appropriation of $550,000 is required from the General 16 Fund Balance. 17 NOW THEREFORE BE IT ORDAINED BY THE CITY C(JUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA that $550,000 be appropriated Erom the General Fund 19 Balance for the purpose of establishing an expanded spring advertisement program; 20 AND BE IT FURTHER ORDAINED, that the City Manager is authorized to 21 enter into contracts to establish and implement such a program. 22 Adopted on this day February 5 __, 1990. 23 This ordinance shall be effective from the day of its adoption. 24 First Reading: Jani,nry 29, 1990 25 Second Reading: February 5, 1990 - 21 - Item V-G. 7 CONSENT AGENDA ITEM # 32379 The following spoke in SUPPORT f th, Ordinance: George B. DeLano, 521 Buffer Drive, Phone: 497-6126, represented the Larkspur Civic League Harold "Pete" Botterbaugh, 4847 Kempsville Greens Parkway, represented Kempsville Greens, and requested the netting on the Twelfth Fairway be included in the proposal. Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE funds in the amount of $228,525 from Golf Course Enterprise Fund retai,ed earnings for Project #4-953 Kempsville Greens Golf Course improvements. The City Manager will meet -with City Staff, Mr. Bottebaugh and affected individuals with reference to the request for netting and the additional appropriations required and advise City Council. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE At4OUNT OF $228,525 2 FROM GOLF COURSE ENTERPRISE FUND RETAINED EARNINGS 3 FOR PROJECT #4-953 KEMPSVILLE GREENS GOLF COURSE IMPROVEMENTS 4 WHEREAS, the City of Virginia Beach desires to alleviate and eliminate 5 any potential hazards that may exist at the Kempsville Greens Golf Course; 6 WHEREAS, the Department of Parks and Recreation has retained the advice 7 and recommendations of staff, expert opinion and citizen input for solutions 8 and recommendations to improve the safety and aesthetics of the course without 9 reducing the integrity of golf play; 10 WHEREAS, the staff has reviewed this input and recommends proceeding 11 with improvements at the Kempsville Greens Golf Course that includes 12 transplanting trees, additional landscaping, new tees and bunkers, additional 13 and/or regraded fairways, new greens, relocation of cart paths, and additional 14 netting; 15 WliEREAS, the cost of these improvements total $228,525 which may be 16 financed from retained earnings in the Golf Course Enterprise Fund. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 That funds in the amount of $228,525 are hereby appropriated from the 20 Golf Course Enterprise Fund for the creation of a new Capital Improvement 21 Project #4-953 Kempsville Greens Golf Course Improvements. 22 This ordinance shall be effective from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of 1 1990. 25 FIRST READING: February 5 1990 APPROVED AS TO SLIFR-ICIENCY 26 SECOND READING: - 22 - Item V-G.8 CONSENT ACENDA ITEM # 32380 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $56,278 to fund seven additional temporary positions in the Sheriff's Office; and increase reimbursement revenue from the Commonwealth in the amount of $46,211. Councilman Moss advised as the positions are temporary and expire on June 30, 1990, a letter will be placed in the file advising those individuals hired, so there is no expectation those positions will be carried beyond June Thirtieth. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROPRIATE $56,278 TO FUND SEVEN ADDITIONAL TEMPORARY POSITIONS IN THE SHERIFF'S OFFICE WHEREAS, the Compensation Board of the Commonwealth is aware of the staffing shortage presently being experienced at the Virginia Beach Correction Genter; WHEREAS, the Compensation Board has approved seven additional Correctional Officers whose salaries are fully reimbursed and whose fringe benefits are partially reimbursed; WHEREAS, the additional total operating costs of the seven temporary positions, effective March 1, 1990, is estimated at $56,278, and will be funded by $46,211 in reimbursements from the state and $10,067 from the city. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $56,278 are hereby appropriated to the Sheriff's Office with $46,211 to be funded by the state and $10,067 to be transferred within the City's Operating Budget to finance seven additional temporary Correctional Officer positions. BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth in the form of reimbursements be increased by $46,211. Adopted by the Council of the City of Virginia Beach, Virginia, this day of , 1990. This ordinance shall be in effect from the date of its adoption. First Reading: Febru 0 Second Reading: - 23 - Item V-G.9 CONSENT AGENDA ITEM # 32381 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $31,818 within General Services' Operating Budget for the purchase of a modular building for Landscape Services. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO TRANSFER $31,818 WITHIN 2 GENERAL SERVICES' OPERATING BUDGET 3 FOR THE PURCHASE OF A MODULAR BUILDING 4 WliEREAS, the primary goals of the Landscape Service Division are to review 5 site plans, develop landscape and maintain grounds of public buildings and right- 6 of -ways, maintain public beaches, and provide street cleaning services for public 7 roadways and parking lots; 8 WHEREAS, the Landscape Services Administrative office area currently has 9 a space deficiency of approximately 2,142 square feet resulting in overcrowded 10 conditions and the creation of certain safety hazards; 11 WHEREAS, to eliminate the space deficiency General Services has requested 12 the purchase of a used modular building at a cost of $31,818; 13 WHEREAS, the amount needed is available within Ge,eral Services' budget 14 due to non-performance of roadway mowing by an outside contractor, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 That $31,818 be transferred within General Services' operating budget for 18 the purchase of a modular building. 19 This ordinance shall be effective from the date of its adoption. 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 5 day f February 1 1990. - 24 - Item V-G. 10 CONSENT AGENDA ITEM # 32382 Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $6,532.06 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None W. C@A. E@@ 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 Valderrama, A. D. & Ness, Sue Ann T/A rroupvision 1988 Audit 146.85 146.85 881 Strickland Blvd. Virginia Beach, VA 23464 Washinqton, S. Y. & Patterson, 0. N. T/A Tokyo SiDa 1988/89 Audit 224.57 22A.57 245 Couchman Drive Chesapeake, VA 23325 Zumut, Rajai R. 1989 11/20/89 30.00 30.00 T/A Mediterranean Food Del. Serv. 3848 Tiffany Lane Virginia Beach, VA 23456 Certified as to Payment: t orb6rt P. Vaughan Commissioner of the Revenue Approved as to form: @eslie @.-Lille,/ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 0 1. 4 2 were approved by the Council of the City of Virginia Beach on the 5 day of February '19 90 Ruth Hodges Smith City Clerk Fo.. NO. c . a E@, 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 certificalion of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Mortgage Credit Reports Inc. 1430 Joh Ave., Ste. L 1988 Audit 256.21 256.21 Baltimore, MD 21227 Ozark Development & Construction Corp. 913 Rio Bravo Bend 1988 Audit 669.89 669.89 Virginia Beach, VA 23456 Tennell Collections Inc. 118 Olympus Circle 1987/88 Audit 68.40 68.40 Jupiter, Florida 33477 Certiiied as to Payment: ko-berl P. Vaughan Commissioner of the Revenue Approved as to form: L. Li City ey This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 994.50 were approved by the Council 5 FEbruary 19 90 of the City of Virginia Beach on the- day of Ruth Hodges Smith City Clerk ,O.. @o C,. 8 EV. 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 lnt. Total Year Paid Logan, Harry S. 1988/89 Audit 394.00 394.00 T/A Logan Development Co. 1909 Hickory Hallow Court Chesapeake, VA 23320 Marasca, Raffaela-Etals T/A Italia Fashion 1987/88 Audit 134.77 134.77 2341 Hood Drive Virginia Beach, VA 23462 McCabe, Eugene F. 1988/89 Audit 216.35 216.35 7429 Old Plill Road Norfolk, VA 23518 Certified as to Payment: be,t @ Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) toialing .12 were approved by the Council 5 of the City of Virginia Beach on th. day of F@b@"ry 9 0 Ruth Hodges Smith City Clerk FOR. @O@ C.' 6 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: NAME License Date Base Penalty Int. Total Year Paid Hoffman, Hai T. 1988 Audit 42.54 42.54 T/A Linda's Sewing & Alterations 177 Matlack Drive Maple Shade, NJ 08052 Jones rrocery & Supply Inc. T/A Creeds Super Market 508 Virginia Dare Dr. 1987/89 Audit 270.74 270.74 Virginia Beach, VA 23451 Keefer, Doug S. 1987/89 Audit 44.02 44.02 T/A Keefer Kleen 217 Coliss Avenue Virginia Beach, VA 23462 Certified as to Payment: @b an Commissioner of the Revenue Approved as to form: @eslie @. Lil City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling S -1,3 7 - 3 0 were approved by the Council of the City of Virginia Beach on the day of February .19 90 Ruth Hodges Smith City Clerk FOR. .0, C... . 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 Coastal Connections Inc. 1989 Audit 80.27 80.27 T/A BeeDers and Cellular Too 1228 Progressive Drive S-104 Chesa,peake, VA 23320 Dixie Box & Crating Co. Inc. 3017 E. Princess Anne Road Norfolk, VA 23504 1989 Audit 990.79 990.79 Elder, James T. T/A Shore Drive Shell 1989 Audit 1,137.47 1,137.47 1813 Foxhound Lane Virginia Beach, VA 23454 Certified as to Payment: ob@e,t Commissioner of the Revenue Approved as to form: @eslie @ -Li City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council 5 February of the City of Virginia Beach on the- day ot '19 Ruth Hodges Smith City Clerk 10@. .0, C.1 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 applic-ations for license refunds, upon certification of the Commissioner oi the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Berally Bay Inc. 1988/89 Audit 467.44 467.44 T/A April's Restaurant & Lounge 741 Cottonwood Court Virginia Beach, VA 23462 Byers, Charlene Keel 1989 Audit 738.75 738.75 T/A KemDsville Chevron Service 5320 Aleshire Court Virginia Beach, VA 23464 Clay, PhilliD W. 1989 Audit 114.00 114.00 T/A P & M Distributors 5544 Aurora Drive Virginia Beach, VA 23455 Certified as to Payment: ert P. Vaughan Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 1,320.19 were approved by the Council of the City of Virginia Beach on the 5 day of February '19 90 Ruth Hodges Smith City Clerk @o.. .0, C'@ . E@, 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 CRFY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certifigation of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Altmore, Patricia E. 1987/88 Audit 72.00 72.00 T/A Riecks & Co. 2935 N. Lynnhaven Road Virginia Beach, VA 23452 American Mirror & Glass Inc. 110 N. Battlefield Blvd. ChesaDeake, VA 23320 1988 Audit 351.32 351.32 Atlantic Pacific Tire Inc. 100 E. Ocean View #1103 Norfolk, VA 23503 1987/89 Audit 81.68 81.68 Cerlified as to Payment: @R-.bert P. Vaughan --j Commissioner of the Revenue Approved as to form: @,i@ r,. Li1 City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 505. 00 were approved by the Council of the City of Virginia Beach on the5day of February '19 90 Ruth Hodges Smith City Clerk - 25 - Item V-fl.1/2 APPOINTMENTS ITEM # 32383 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING ADVISORY REVIEW COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION February 5, 1990 - 26 - Item V-I. 1. UNFINISHED BUSINESS ITEM # 32384 Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council ADOPTED: Resolution requesting the General Assembly defeat any legislation which restricts the ability of municipalities to own property so as to promote growth consonant with the efficient expenditure of public funds or which alters established precedent by the Supreme Court of Virginia regarding the vesting of certain rights in existing zoning. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and John L. Perry* Council Members Absent: None *Councilman Perry changed his vote from an AYE to a VERBAL NAY. 1 RESOLUTION REQUESTING THE GENERAL ASSEMBLY 2 TO DEFEAT LEGISLATION CONCERNING 3 THE VESTING OF ZONING 4 WHEREAS, proposed legislation has been introduced in the 5 General Assembly which affects materially the power of Virginia 6 municipalities to zone property for the promotion of growth 7 consonant with the efficient expenditure of public funds; and 8 WHEREAS, the proposed legislation would alter precedent 9 established by the Supreme Court of Virginia regarding the vesting 10 of certain rights in existing zoning; and 11 WHEREAS, the proposed legislation conflicts with the 12 Commonwealth's current enabling legislation empowering 13 municipalities to zone property; and 14 WHEREAS, the power to zone property is one of few land 15 use management tools available to municipalities to manage and 16 promote growth consonant with the efficient expenditure of public 17 funds; and 18 WHEREAS, municipalities are currently charged to exercise 19 their power to zone property so as to provide for the public 20 health, safety, convenience and welfare of its citizens and to plan 21 for the future development of adequate transportation systems in 22 the face of changing economic and demographic circumstances; and 23 WHEREAS, there has been no compelling justification 24 demonstrated to justify the passage of this proposed legislation. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 1) That the General Assembly of Virginia defeat any proposed 28 legislation which restricts the ability of municipalities to zone 29 property so as to promote growth consonant with the efficient 30 expenditure of public funds or which alters established precedent 31 established by the Supreme Court of Virginia regarding the vesting 32 of certain rights in existing zoning; and 3 3 2 ) That the City Clerk for the Council of the City of 34 Virginia Beach, Virginia, provide to the General Assembly 35 Delegation a copy of this resolution. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 5 day of February -, 1990. 38 0 2/01/90 39 CA-3627 40 vesting.res 2 - 27 - Item V-J. 2. UNFINISHED BUSINESS ITEM # 32385 ADD-ON The City Manager distributed copies of SENATE BILL NO. 304, offered January 23, 1990. This is a Bill to amend the Code of Virginia by adding in Chapter 11 of Title 15.1 an article numbered 8.2, consisting of sections numbered 15.1-498.11 through 15.1-498.20, authorizing certain cities to impose impact fees for road improvements. The 14ayor advised Senator Earley and Delegate Glasscock have AMENDED said Bill to include Chesapeake and Suffolk. The Mayor inquired whether it would be appropriate to again AMEND the Bill to reflect the population of Virginia Beach. Councilwoman McClanan advised this BILL has PASSED the Senate but can be AMENDED in the House of Representatives in Committee or on the Floor. The City Attorney will confer with the Director of Planning and review the BILL and make the appropriate recommendations. This item shall be SCHEDULED for the City Council Agenda of February 12, 1990. 28 - Item V-K.l. ADJOLTRNMENT ITEM # 32386 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:30 P.M. (2 B. e@ly . H@ Chief Deputy City Clerk uth Hdg @ Sith, CMC City Clerk City of Virginia Beach Virginia City e>f Virgi1ìiEl HeElCD COUNCILWOMAN BARBARA M. HENLEY PUNGO BOROUGH 3513 CHARITY NECK ROAD VIRGINIA BEACH, VIRGINIA 23456 (804) 426-7501 February 5, 1990 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Virginia Disclosure Pursuant to Section 2.1-639.14(G), Code of Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: 3. 4. 1. The transaction for which I am executing this written disclosure is a resolution concerning the Chesapeake Bay Preservation Act and any other ordinances or resolutions which pertain to the Chesapeake Bay Preservation Act. 2. The nature of my personal interest is that I own certain real property which is located in an area which may be impacted by the Chesapeake Bay Preservation Act. My interest in that real property exceeds $10,000.00. I am a member of a group, as well as a member of the general public, both of which may be affected by the resolution concerning the Chesapeake Bay Preservation 'Act as well as other ordinances and/or resolutions concerning the Chesapeake Bay Preservation Act. I am able transaction interest. to participate in the above-referenced fairly, objectively, and in the public Mrs. Ruth Hodges Smith -2- February 5, 1990 Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, ß~~ PJ. ~ Barbara M. Henley BMH/awj Enclosure City e>f Virgi:t:ìiEl HeElCD COUNCILWOMAN BARBARA M. HENLEY PUNGO BOROUGH 3513 CHARITY NECK ROAD VIRGINIA BEACH, VIRGINIA 23456 (804) 426-7501 February 5, 1990 Councilwoman Barbara M. Henley Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interest Act Advisory Opinion Dear Mrs. Henley: I am writing in response to your request for an opinion as to whether you may vote on resolutions and/or ordinances pertaining to the Chesapeake Bay Preservation Act. Summary Conclusion: From my review of the Conf lict of Interest Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the transactions of the Virginia Beach City Council concerning the Chesapeake Bay Preservation Act as a result of your ownership of land which is located in the area to be impacted by the provisions of the Act. However, as a member of a group of persons affected by the transaction( s), you may participate in the consideration of matters before the Virginia Beach City Council, including any and all ordinances and resolutions pertaining to the Chesapeake Bay Preservation Act which do not solely impact your property or financial interests, upon disclosure of your interest pursuant to Virginia Code § 2.1-639.14(G). Such disclosure should include a declaration that you are able to participate in the transaction fairly, obj ecti vely , and in the public interest. A proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. I base the aforesaid conclusions on the following facts and discussions. Councilwoman Barbara Henley -2- February 5, 1990 Re: Request for Conflict of Interest Act Advisory Opinion Facts Presented: Your request for an advisory opinion is generated by a resolution concerning the Chesapeake Bay Preservation Act which is currently scheduled on the agenda for February 5, 1990. You have advised me that your area of concern with reference to this matter is related to your ownership of certain property. This property is potentially subject to regulation under § 10.1-2109 of the Code of Virginia which requires counties, cities, and towns in Tidewater Virginia to designate Chesapeake Bay Preservation areas by September 20, 1990. Your property is also potentially subject to the terms of the Chesapeake Bay Preservation Act Final Regulations, pursuant to which localities in Virginia have until September 20, 1990 to establish the location of resource protection areas and resource management areas as required by those regulations. Issue: Are you precluded from participating in the consideration of the above-referenced resolution and/or the other agenda items which pertain to the Chesapeake Bay Preservation Act and/or regulations enacted pursuant thereto because you own property which may potentially be impacted by the Act and/or its regulations. Conclusions: A. B. D. I. Applicable Definitions: City Council is a governmental agency, as that phrase is defined in § 2.1-639.2 of the Virginia Code. You are an officer of Virginia Beach City Council within the meaning of § 2.1-639.2. C. "Personal interest" is defined in § 2.1-639.2 as being a personal and 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, one of which is the ownership of real property in excess of $10,000.00. A personal interest in a transaction" means a personal interest, as defined above, in any matter considered by an officer's agency. It is further defined in § 2.1- 639.2 as existing "when an officer... has a personal interest in property or a business...and such property, business...(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect Councilwoman Barbara Henley -3- February 5, 1990 Re: Request for Conflict of Interest Act Advisory Opinion benefit or detriment as the considering the transaction." result of the agency II. Application of Definitions: A. Personal interest in a transaction test. In the facts you present, you have a "personal interest" in property based upon your ownership of real property exceeding $10,000.00 in value; ownership of real property in excess of $10,000.00 in value being one of five categories which give rise to a personal interest. Because you own real property which is the subject of a transaction which may "realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the agency considering the transaction," it is my opinion that you have a "personal interest in the transaction" within the meaning of the Conflict of Interest Act. Section 2.1-639.11 sets forth the procedure an officer or employee must follow if that officer or employee has an interest in a transaction. It provides that an officer shall disqualify himself if a transaction has application solely to property or business in which he has a personal interest. Alternatively, if the transaction affects either a group of which the officers is a member, or the general public, the officer may participate if he complies with certain statutory disclosure requirements. Because the deliberations of the Virginia Beach City Council do not solely apply to your real property, you are not required to disqualify yourself pursuant to § 2.1-639.11(A)1. You may, therefore, participate in the deliberations of the Virginia Beach Ci ty Council because you are a member of a group which will be affected by the deliberations of the Commission. III. Disclosure Requirements of § 2.1-639.14(G): Based on the fact that you are a member of a group which is affected by the transaction, you may participate in any deliberations regarding this matter, so long as you disclose your personal interest. Enclosed, please find a written declaration form, which complies with the requirements of § 2.1-639.14(G). It is my suggestion that if you decide to "disclose and participate," you should do so utilizing the written declaration, attaching a copy of this opinion to the disclosure form. Alternatively, should you be concerned that your ownership of real property may create some appearance of impropriety to those who do not understanding the Conflict of Interest Act, you may Councilwoman Barbara Henley -4- February 5, 1990 Re: Request for Conflict of Interest Act Advisory Opinion abstain from voting and disclose your interest. Either option may diffuse any perception problems that may arise. * * * * * As a final note to any Conflict of Interest opinion, § 2.1- 639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please information. contact me should you desire any additional Very truly yours, ~'J;L~- Leslie L. Lil~Y----Z City Attornej/ LLL/JAS/clb/awj Enclosure