AUGUST 13, 1991 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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CITY COUNCIL AGENDA
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AUGUST 13, 1991
ITEM 1. CITY MANAGER'S BRIEFINGS - Council Chamber 11:00 AM
A. FLOOD INSURANCE ACT PROPOSED CHANGES
Robert R. Matthias, Director, Intergovernmental Relations
Carl A. Thoren, Assistant City Engineer
Phillip J. Roehrs, Coastal Civil Engineer
B. SOUTHERN WATERSHEDS
Louis P. Cullipher, Director, Natural Resources/Rural Services
ITEM 11. INFORMAL SESSION - Council Chamber - 12:30 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 Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Roger Armstrong
Beachlawn Baptist 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 SESSIONS - August 6, 1991
G. CITY MANAGER'S PRESENTATION
1. CITIZENS' REVIEW COMMITTEE
The Honorable George W. Vakos
Response to a Resolution of May 14, 1991, deferred
H. PUBLIC HEARING
1. PLANNING BY CONSENT
a. Application of CHRISTIAN CHAPEL ASSEMBLY OF GOD for a
Conditional Use Permit for a church on the Southwest side of
Salem Road, 3441.4 feet North ot North Landing Road (2751 Salem
Road), containing 6.6 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Application of JOSEPH P. VITALE for a Conditional Use Permit
for a single family dwelling on the South side of Vaughan Road,
3615.14 feet West of Princess Anne Road, containing 3.32 acres
(PUNGO BOROUGH).
Recommendation: APPROVAL
c. Application of BRYAN D. STEVENS for a Conditional Use Permit
for an automotive repair garage on the West side of FirsT
Colonial Road, South of Southern Boulevard (101 South First
Colonial Road, Suite 107), containing 1200 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Applications of RALPH W. and DONNA M. VANNOSTRAND re West side
of Princess Anne Road, 1071 feet more or less South of North
Muddy -,reek Road (1657 Princess Anne Road), containing 2.87
acres (PUNGO BOROUGH):
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance;
AND,
Conditional Use Permit for two single family homes.
Recommendation: APPROVE BOTH APPLICATIONS
e. Petition of HELEN LEIMBACH FOOS and HAROLD J. and HEIDI S.
LEVINSON tor the discontinuance, closure and abandonment of
portions of a fifteen (15)-toot alley between Lots 4 and 16,
Lots 5 and 17, Lots 6 and 18 and Lots 7 and 19, Block 23,
Croatan Beach, being 15 feet in width and containing
3000 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
2. PLANNING
a. RECONSIDERATION OF CONDITIONS in the June 9, 1986, Approved
Applications of DONALD S. LEWIS, SR. and DONALD S. LEWIS, JR.,
t/a AUSLEW GALLERY, INC., for a Change of Zoning District
Classification from R-1 Residential District with a PD-H2
Overlay to R-1 Residential District and a Conditional Use
Permit for an art gallery 1400 feet East of Diamond Springs
Road, South of Northampton Boulevard on Parcel 3, Sam Jones
Estate, containing approximately 4.5 acres (BAYSIDE BOROUGH).
b. Ordinance for the discontinuance, closure and abandonment of a
portion of Jetty Street, beginning at the Southern boundary of
Shore Drive and running in a Southerly direction a distance of
330.64 feet more or less, containing 18,687 square feet in the
petition of HARRY SANDLER (LYNNHAVEN BOROUGH).
Deferred Sixty Days: June 25, 1990
Deferred for Compliance: August 28, 1990
Additional 90-Day Deferral: February 26, 1991
Additional 60-Day Deferral: May 28, 1991
Recommendation: FINAL APPROVAL
c. Applications of DAM NECK PROPERTIES for Conditional Zoning
Classifications (PRINCESS ANNE BOROUGH):
0-2 Office District to B-2 Community Business District on the
East side of Ge@eral ffooth-Boulevard beginning at a point
1430 feet more or less South of Dam Neck Road, containing
5.319 acres;
AND,
AG-2 Agricultural District to B-2 Community Business District
on the following arcels, contat-ning 1.104 acres:
Parcel 1 200 feet more or less East of General Booth
Boulevard beginning at a point 1960 feet more
or less South of Dam Neck Road.
Parcel 2: 310 feet more or less East of General Booth
Boulevard beginning at a point 2300 feet more
or less South of Dam Neck Road
Recommendation: APPROVE BOTH APPLICATIONS
d. Petition of HILDA W. ARCHBELL for the discontinuance, closure
and abandonment of a portion of Arctic Avenue beginning at the
Southern boundary of Winston-Salem Avenue and running in a
Southerly direction a distance of 150 feet, being 25 feet in
width and containing 3,750 square feet (VIRGINIA BEACH
BOROUGH).
Recommendation: DENIAL
e. Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
1. Article 2, ADDING Section 233.1 re eating and drinking
establishments serving alcoholic beverages
2. Sections 203, 901, 1001, 1511 and 1521 re certain eating
and drinking establishments
3. Section 506 re open space promotion
Recommendation: APPROVAL
f. Ordinance to AMEND and REORDAIN Section 8.1 of the Subdivision
Ordlnance re plat fees for subdivlsions In agricultural
districts.
Recommendation: APPROVAL
ORDINANCES
1. Ordinance authorizing acquisition of property in fee simple for
Bonney Road Pump Station Modifications' Sewer Project; and,
acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation (CIP 6-016). (Deferred:
August 6, 1991)
2. An Ordinance to appoint to serve as City
Manager in an Interim capacity from 12:01 a.m. on October 1, 1991,
until such time as the new City Manager is appointed.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $839,370
to the Sheriff's Office FY 1991-1992 Operating Budget re funding
fifty (50) additional Correctional Officers associated with the
completion of the new addition to the Correction Center.
2. Grants Awarded:
a. ACCEPT and APPROPRIATE, upon SECOND READING, $24,089 trom the
State Department of Criminal Justi ce Services to the
Commonwealth's Attorney Victim Witness Program, including one
(1) full-time position f or FY 1991-1992, subject to
continuation ot these grant funds.
b. ACCEPT and APPROPRIATE, upon SECOND READING, $14,700 from the
Commonwealth Department of Social Services tor program support
to the Virginia Beach Court Appointed Special Advocate (CASA)
Program.
c. ACCEPT and APPROPRIATE, upon SECOND READING, $20,000 from the
Virginia Law Foundation for program support of the Virginia
Beach Court Appointed Special Advocate (CASA) Program.
d. ACCEPT and APPROPRIATE, upon SECOND READING, $28,250 from the
Commonwealth Division of Emergency Medical Services to the
Virginia Beach Fire Department for purchase of automatic
defibrillators.
e. ACCEPT and APPROPRIATE, upon SECOND READING, $130,559 from
Virginia F i re Programs Fund to support training, training
facility improvements and tirefighter equipment acquisition.
f. ACCEPT and APPROPRIATE, upon SECOND READING, $133,525 from the
Drug Enforcement Agency's Shared Proceeds Seized Property
Program for additional equipment and office space for the
Special Investigative Unit of Narcotics Investigation.
g. ACCEPT and APPROPRIATE, upon SECOND READING, $37,397 from the
State Department of Criminal Justice Services Anti-drug Abuse
to the FY 1991-1992 Police Department budget for increased
narcotics investigation activities and additional equipment.
h. ACCEPT and APPROPRIATE, upon SECOND READING, $13,239 from the
Virginia Subregional Library for the Blind to the FY 1991-1992
Operating Budget of the Library Department to produce braille,
recorded and large-print emergency inforiflation.
i . ACCEPT and APPROPRIATE, upon SECOND READING, $339,853 to the
Department of Social Services for the Child Day Care Fee System
Program.
j. ACCEPT and APPROPRIATE, upon SECOND READING, $28,129 from the
State Department of Mental Health, Mental Retardation and
Substance Abuse Services to the FY 1991-1992 Grants
Consolidated Fund for one (1) full-time position, subject to
the continuation of this Grant, to provide assistance to
individuals with developmental disabilities.
k. ACCEPT and APPROPRIATE, upon SECOND READING, $600 from the
State Department of Mental Health, Mental Retardation and
Substance Abuse Services to the Virginia Beach i4H, MR and SA
Special Revenue Fund for FY 1990-1991, to provide additional
professional staff hours devoted to planning the program and
training the staff.
1. ACCEPT and APPROPRIATE, upon SECOND READING, $1,004 to fund the
balance of the Virginia Beach Library's Special Gift Fund for
the purchase of a diagnostic software package.
3. Ordinance to AMEND the Seventeenth Year 1991-1992 Community
Development Block Grant Final Statement re expansion of areas where
code enforcement activities will be funded; and, TRANSFER $30,052
within the Department of Housing budget for such purpose.
4. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $16,350
trom the Commonwealth Department of Housing and Community
Development re Emergency Home Repair Program; and, authorize the
City Manager to execute a grant agreement.
5. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $11,053
from the Commonwealth SHARE Program re Homeless Intervention
Program; and, authorize the City raanager to execute a grant
agreement with the Commonwealth.
6. Ordinance to authorize a temporary encroachment into a portion of
the City's property known as the waters of Lake Joyce to Frank W.
Cool, Ill (4409 Blackbeard Road) re constructing and maintaining a
boat dock and ramp (BAYSIDE BOROUGH).
7. Ordinance to authorize a temporary encroachment into a portion of
the City's right-of-way known as Brockman Avenue to Clarence N.
and Brenda F. Swanner, Sr. (3511 North Crestline Drive) re
constructing and maintaining a bulkhead (KEMPSVILLE BOROUGH).
K. APPOINTMENTS
COMMUNITY CORRECTIONS RESOURCE BOARD
DEVELOPMENT AUTHORITY
HISTORICAL REVIEW BOARD - Resignation
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION - Resignation
WETLANDS BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
SPECIAL FORMAL SESSION
WORKSHOP AND PRESENTATION
RE: SOUTHERN WATERSHEDS
AUGUST 26, 1991 7:00 PM
Council Chamber
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 3, 1991 Formal Session 2:00 PM
SEPTEMBER 17, 1991 Formal Session 2:00 PM
(Submission of Proposed CIP)
SEPTEMBER 24, 1991 Formal Session 6:00 PM
(CIP Workshop #1)
SEPTEMBER 26, 1991 CIP Public Hearing 7:00 PM
(Princess Anne High School)
OCTOBER 15, 1991 Formal Session 2:00 PM
(CIP Workshop #2)
OCTOBER 22, 1991 Formal Session 6:00 PM
(CIP Workshop #3/Reconciliation)
OCTOBER 29, 1991 Formal Session 2:00 PM
NOVEMBER 5, 1991 Formal Session 2:00 PM
NOVEMBER 12, 1091 Formal Session 2:00 PM
(CIP Public Hearing & First Reading)
NOVEMBER 26, 1991 Formal Session 6:00 PM
(CIP Second Reading)
DECEMBER 3, 1991 Formal Session 2:00 PM
DECEMBER 10, 1991 Formal Session 2:00 PM
DECEMBER 17, 1991 Formal Session
8/8/91 gs
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Item 111-F-1.
MINUTES ITEM # 34806
Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 13, 1991, as
CORRECTED.
Councilman Lanteigne referenced:
Page Item 34790, Page 63:
UNFINISHED BUSINESS
Councilman Lanteigne advised a Meeting was held
with residents of Aura Drive ad relative
the actual alignment of Princess Anne Road.
Aurora Road was Incorrect.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
Councilman Jones ABSTAINED as he was not in attendance during the City Council
Session of August 13, 1991.
I
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beacil, Virginia
August 13, 1991
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING on
SOUTHERN WATERSHEDS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber,
City Hall Building, on Tuesday, August 13, 1991, at 11:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Reba S. McClanan, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones (OUT OF CITY ON BUSINESS)
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C I T Y M A N A G E R ' S B R I E F I N G
FLOOD INSURANCE ACT PROPOSED CHANGES
11:00 A.M.
ITEM # 34742
Robert Matthias, Director - Intergovernmental Relations, advised in May 1991,
the House of Representatives passed H. R. 1236. There were 18 nay votes with
the entire Virginia Delegation voting in favor. The City Staff has prepared the
Synopsis of the NATIONAL FLOOD INSURANCE, MITIGATION AND EROSION MANAGEMENT ACT
of 1991 (H.R. 1236) and been in contact almost daily with the Congressional
delegation. There has also been a Bill proposed in the Senate (S.B.1650), which
is almost Identical to the House version. Both Bills are before the Senate.
However, action is not expected on either of these Bills until early Fall.
Carl Thoren, Assistant City Engineer and Phillip J. Roehrs, Costal Civil
Engineer, advised the City of Virginia Beach has been a participant in the
National Flood Insurance Program since its inception. The Program was begun
with the National Flood Insurance Act of 1968. The City became a member in
1970. The purpose of the legislation before Congress is to amend previous flood
insurance legislation:
Increase compliance and enforcement of mandatory
purchase of flood insurance,
Authorize and fund the Community Rating System, and
Establish a mitigation program to reduce risks of
flooding and erosion hazards.
The Bill would limit further development along certain shorelines of
communities which are determined to be erosion-prone. There will be three
erosion setback zones established: 10-year, 30-year and 60-year. The Federal
Emergency Management Agency (FEMA) through the use of historical data and any
information available to them of existing documentation will attempt to
determine erosion rates along the coastal areas of the United Sates. Once these
erosion rates have been determined, FEMA will then establish these zones by
multiplying those rates by 10, 30 or 60. Mr. Thoren cited an example of an area
having an erosion rate of 3 feet per year. The 10-year erosion setback would be
30-feet from the shoreline or defined reference line. Mr. Thoren referenced
the Provisions for Participating Communities for each of the three zones.
10-Year Setback
(Zone of Imminent Collapse)
Imminent Collapse Certification by FEMA
Mitigation assistance on Insured Building:
Relocation
Justified Demolition
2-Year Period for Mitigation Action
After 2-Years, One-Time Loss not to Exceed 40%
Policy Cancelled After Relo/Demo or One Loss
No new construction/Relocation
No New Flood Insurance
30-Year Setback
No New Construction/Relocation
No New Flood Insurance
Mitigation Assistance Available under Section
1366
60-Year Setback
New Construction/Relocation on Movable
Foundation for 1-4 Dwelling Unit Structures
Only.
New Flood Insurance for 1-4 Unit Structures
No New Flood Insurance for All Other
Structures
Mitigation Assistance Available under Section
1366
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C I T Y M A N A G E R ' S B R I E F I N G
FLOOD INSURANCE ACT PROPOSED CHANGES
ITEM # 34742 (Continued)
Mr. Thoren clted the Provisions for Non-Participating Communities:
10-Year Setback
(Zone of Imminent Collapse)
No New Flood Insurance
One Time Loss Not to Exceed 40%
Policy Cancelled After One Loss
No Miti gation Ass!stance avaII able under Section
1366/1368
30-Year Setback
No New Flood Insurance
After 2-Years, Premium Surcharge Applies
No Mitigation Assistance avai lable under Section
1366
60-Year Setback
No New Flood Insurance for Structures greater than
4 residential units.
After 2-Years, Premium Surcharge Applies
No Mitigation Assistance avai lable under Section
1366
Mr. Thoren advised Sandbridge will be obviously impacted, but the Resort Beach,
might not be affected, if FEMA Is convinced there wi I I be zero annual erosion
rate because of the Beach Nourishment Program and its continuance is
guaranteed. The Chesapeake Bay Beach, west of Lynnhaven Inlet, will definitely
be impacted.
In discussions with FEMA regarding the interior waterways: Back Bay, Lynnhaven
Bay, Eastern Branch/Western Branch Lynnhaven River, technically the definition
of coastal areas in the proposed legislation includes the Bays and Tidal Waters
of the United States. However, FEMA advised due to lack of time, staff and
funds they will be concentrating only on the open coastline. FEMA hopes to have
the program Implemented within two years ot passage of the Bill. The
designation of al I the zones mentioned previously is not requ i red d nt i I f i ve
years after passage of the Bill.
A Budget Cornpliance section in the Act discusses the cost. The applicable cost
estimate of this Act for all purposes shall be as follows:
Fiscal Year 1991 -decrease in outlays of Zero Dollars.
Fiscal Year 1992 -decrease In outlays of Zero Dollars.
Fiscal Year 1993 -decrease in outlays of $3-MILLION.
Fiscal Year 1994 -decrease In outlays of $7-MILLION.
Fiscal Year 1995 -decrease In outlays of $1-MILLION.
Lending institutions will be required to perform a review of al I outstanding
loans to assure that flood zone determinations have been made and to
demonstrate compliance with mandatory purchase requirements to the satisfaction
of the Secretary of Housing and Urban Development. A lender may be al lowed to
conduct a survey of 5% of al I outstanding loans and have the total portfol lo
review waived if 95% accuracy is achieved.
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C I T Y M A N A G E R I S B R I E F I N G
FLOOD INSURANCE ACT PROPOSED CHANGES
ITEM # 34742 (Continued)
New loans for property requi rl ng f lood Insurance wi II be requi red to i nc I ude
the provision for escrow for flood premiums. Flood premiums wil I also be
requ I red to be escrowed for exi sti ng loans on f I ood i nsu red properti es w ith
escrow provi sl ons for taxes, I nsurance or other fees. A f i ne of $350 per 1 oan
per year ($100,000 maximum per year for each institution) can be levied for
failure to require flood Insurance. These penalties will be paid to the
proposed National Flood Mitigation Fund.
There will be a $5.00 premium surcharge attached to all Flood Insurance
Policies to assist in funding this program.
All holders of Federal I-lood Insurance are paying a subsidized premium.
Robert i@atthias, Director - Intergovernmental Relations, advised the proposed
NATIONAL FLOOD INSURANCE, MITIGATION AND EROSION 14ANAGEMENT ACT of 1991, will
be discussed with the Erosion Commission, interested Civic Leagues and affected
citizens. A proposed Resolution directed to the Senate reflecting City
Council's concerns relative the NATIONAL FLOOD INSURANCE, MITIGATION AND
EROSION MANAGEMENT ACT will be SCHEDULED for a future City Council Session. A
list of the negatives and positives of this proposed ACT will be provided to
City Council.
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C I T Y M A N A G E R ' S B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34743
12:05 P.M.
Lou is E. Cu II i p her, Di rector - Natura I Resou rces/Ru ra l Services, revi ewed the
FINAL REPORT of the SOUTHERN WATERSHED MANAGEMENT and distributed proposed
DRAFT Ordinances relative the Southern Watersheds. Said Information is hereby
made a part of the record.
The Ordinances contain a plan for the SOUTHERN WATERSHEDS which include North
Landing River, the Northwest River and Back Bay, excluding Chesapeake Bay and
Owls Creek; however, Owls Creek is being addressed by the City Statt.
Information relative this Watershed should be available in September. The
Watersheds will be consistent with the Stormwater Management Master Plan which
is being developed. There were nine (9) workshops and concerns of citizens
reflected land use, water quality, drainage systems, growth rnanagement, habitat
loss, decline of submerged aquatic vegetation (SAV), dredging and placement of
dredged material.
Historic events and probable impacts were discussed in the previous Brieting to
City Council on July Ninth. The mission of the Southern Water Management Area
is to protect water quality from further degradation, and where feasible
enhance water quality by evaluating and strengthening programs as well as
enacting new programs. Mr. Cullipher cited the ENABLING LEGISLATION, which was
not included in the previous DRAFT Report:
Section 10.1-560 to 10.1-571 Erosion & Sediment Control Law
Section 10.1-603.1 to 10.1-603.15 Stormwater Management Law
Section 10.1-2100 to 10.1-2115 CBPA
Section 15.1-427 to 15.1-503.4 Local Planning Law
Relative the Back Bay Watershed, the nutrients, nitrogen and phosphorus are
elevated, particularly in proximity to tributary creeks. All reports indicate
that turbidity, or suspended sediments in the water column, is a serious
problem. The North Landing River is very similar except the channel and
floodplain is more clearly defined, resulting in less shoreline erosion and
turbidity resulting from wind-driven tides. Data from four monitoring stations
located on the North Landing River and West Neck Creek indicated elevated
levels of phosphorus and nitrogen.
Historically, the agricultural community has volijntarily worked very closely
with various resource agencies to address conservation concerns. These
agencies are detailed in the report.
Adequate monitoring and evaluation are among the most important components of
program implementation. The monitoring program will be coordinated with the
National Pollutant Discharge Elimination System (NPDES), a comprehensive water
quality monitoring program to construct a data base to make firm decisions and
use for trend analysis. Recommendations are contained in the Final Report as
well as other concerns that may be addressed by City Council in the future.
Mr. Cullipher referenced the proposed Ordinances:
AMEND and REORDAIN Section 16 of the Stormwater
Mangement Ordinance, pertaining to incorporation of
the Southern Watersheds Management Ordinance.
AMEND and REORDAIN Section 30-78 of the Code of
the City of Virginia Beach, pertaining to
incorporation of the Southern Watersheds Management
Ordinance.
AMEND and REORDAIN the Code of the City of Virginia
Beach by the Addition of an Appendix G thereto, to
be known as the Southern Watersheds Management
Ordinance.
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C I T Y M A N A G E R ' S B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34743 (Continued)
Various tindings of fact are contained in the Appendix G of Southern Watersheds
Management Ordinance. Submerged aquatic vegetation and certain migratory
water f owl pop u I ations have ser!ou s I y dec Ii n ed wi thin the Back Bay watershed.
The Back Bey is general ly shal low with a few narrow channels. There is
discussion of vegetated areas along waterways and indigenous ground cover. Best
Management Practices are not one hundred percent effective. Unstable ditch and
canal banks and eroding marsh areas contribute sediment and nutrients to
receiving streams. Mr. Cullipher advised the Objectives are listed on page 3 of
said Ordinance. This Ordinance is intended to protect the qual lty of waters
within the Southern Watershed of the City and to minimize any increase In water
pollution. Definitions are listed on page 4 through 8.
Mr. Cul I lpher reiterated the fol lowing exemptions, which are I isted on page 9
of the report:
Maintenance, alterations or improvements of existing
structures not changlng or affecting the quality, rate,
volume or location of surface water discharge; provided,
however, that any such activity resulting in a land
disturbance exceeding an area of two tliousand, f ive hundred
(2,500) square feet shal I be reqlilred to comply with the
erosion and sediment control requtrements set forth in
Sections 30-56 through 30-78 of the City Code.
Activities undertaken by a city, stat,? )r fedoral
governmental agency.
Development upon any lot or parcel of land lawful ly created
prior to the date of adoption for this ordinance; and,
Construction, installation, operation and maintenance of
elecfric, telephone, cable and gas lines and their
appurtenant structures, provided that:
To the greatest practicable degree, the location of
such faci I ities shal I be located outside of 4etlands
and shorelines;
No greater area of I and sha I I be d 1 sturbed than 1 s
necessary
The construction, installation, operation and
ma i ntenance of such f aci I i ti es sha I I comp I y w i th a I I
app I i cab I e state and f edera I requ I rements and sha I I
be designed and constructed in a mannner which
minimizes adverse effects upon water quality; and,
Any land disturbance exceeding an area of two
thousand, five hundred (2,500) square feet shall
comply with the erosion and sediment control
requirements set forth in Sections 30-56 through 30-
73 of the City Code.
Concerns relative gas spills will be addressed. An estimate will be provided of
the amount of fertilizers and chemicals utilized on the approximate 37,000
acres of land for crops in the Southern Watershed.
Mayor Oberndorf referenced telephone conversatlon with fars. Joy Ellassen,
President of the Back Bay/ Pungo Civic League, who reiterated certain
observatlons concerning placing additional responsibility on the farmers
encouraging them to sell their land. Mrs. Ellassen was concerned relative the
amount ot land plated for development, and whether this land would be
grandfathered under the Southern Watershed Plan. Mrs. Ellassen was also
concerned about various exemptlons.
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C I T Y M A N A G E R ' S B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34743 (Continued)
Mayor Oberndorf also referenced conversation and letter from Ken Turner,
Presldent - Back Bay Restoration Foundation. Copies of his letter have been
forwarded to all Members of City Council. Mr. Turner listed very detailed
concerns about the Southern Watersheds Study and the Ordinances. Mr. Turner
advised Back Bay Restoration Foundation was informed there would be an
opportunity for public input on the Plan; however, thls has not been allowed
from the Foundation. Various attendees at the Public Meetings provided City
Staff with names and addresses to receive periodic updates on the status of the
development of the plan. No information has been received. The Back Bay
Restoration Foundation expressed concern relative areas which had been rezoned
for development, 1. e. Lake Ridge, as there is no indication that any
development approved prior to the adoption of this Ordinance will be required
to meet performance standards established by the Southern Watershed. Back Bay
Restoration Foundation was also concerned about the drainage ditches and their
maintenance as well as the Best Mangement Practices. Mr. Cullipher shall
respond to each ot the concerns contained in the letter and advise City Council
relative the number of acres of lots platted, but not built in the Southern
Watershed. Said letter is hereby made a part of the record.
Assistant Attorney Macali advised the exemption is for lots which already
exist, not lots which are planned to be developed. Land that is planned for
development, i.e, Lake Ridge will probably not be developed in the form that
exists at the present time (5 or 6 large lots), it will probably be subdivided
and subject to this Ordinance as well as the Stormwater Mangement Ordinance.
Platted lots existing at the time the Ordinance is ADOPTED are exempt.
Copies of the Chesapeake Bay Preservation Board's concerns relative this
Ordinance will be forwarded to Members of City Council.
A Resolution directing the Planning Commission to study and give its
recommendation to the City Council concerning the Southern Watershed Mangement
Ordinance and associated reports will be SCHEDULED for the City Council Session
of September 3, 1991.
- 8 -
ITEM # 34744
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyer a E. Oberndorf in the Counci I Chambers, Clty HAII Bu! I d i ng, on
Tuesday, August 13, 1991, at 12:55 P.M.
Council Members Present:
John A. Baum, James W. Brazler, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
- 9 -
ITEM # 34745
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, tor the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disclpl ining, or resignation of specif ic
publ ic off icers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Community Corrections Resource Board
Development Authority
Parks and Recreation Commission
Public Library Board
Wetlands Board
Historical Review Board
Tidewater Regional Group Home Commission
To Wit: Appointment: Interim City Manager
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit:
1. VLIA v. City
2. TCM/Teachey v. City
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Councli Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 13, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hal I Building, on Tuesday,
August 13, 1991, 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, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndort, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
INVOCATION: Reverend Roger Armstrong
Beachlawn Baptist Church
Church of The Holy Apostle
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item Ill-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34746
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
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
ldentif led in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
4b,
#tt,ootttttott -
CERTIFICAT10N OF EXECUTIVE SESSION
VIRGINIA BEACH CTTY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34745,
Page No. 9 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.
R-uth Hodges @mith, CMC/AAE
City Clerk August 13, 1991
1 2
Item 111-F.l.
MINUTES ITEM # 34747
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS ot August 6,
1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 13 -
Item 111-G.l.
CITY MANAGER'S PRESENTATION
CITIZENS REVIEW COMMITTEE ITEM # 34748
In response to City Council concerns, a Special Task Force was appointed by the
City Manager to Investigate al legations of inappropriate use ot authority by
City employees. The Honorable George W. Vakos, Chairman of the Special Task
Force, advised the ability of Police Department employees' to deprive citizens
of thei r ci vi I I I berti es and ri ghts requ i red that the work of the Task Force
should focus on Police employees. Adequate safeguards already exist to identity
and deal with Inappropriate use of authority by employees other than those in
the Police Department. The work of the Task Force commenced in May and met for
seven meetings totalling more than 22 hours.
Chairman Vakos advised after reviewing the voluminous amount of information
provided, the Task Force reached its conclusions and recommendations. Chalrman
Vakos gave credit to the Police Department for its initiation of certain
procedures to make the department inore responsive to citizens.
A new policy which dictates when internal affairs
investigations are f in i shed, the maximum amount of
information allowable under law is released to the public.
The Police Chief has independently pursued the initiation of
Citizen Advisory Boards. This was contemplated before the
newspaper articles were printed
The creation of the Uniform Division Disciplinary Review
Board, a peer review board that reviews incidents of
misconduct or performance and makes recommendations on
discipline where appropriate.
The Committee has agreed upon a number of recommendations. The first of these
recommendations Is based on the need to ensure the public trust and confidence
in the City of Virginia Beach's police force and to increase citizens'
perception and satisfaction with a fair and impartial review of actions of
employees of the Police Department.
Accessibility The Internal Affairs Unit should be
physically relocated outside the public
satety building in a space that is
designed to accommodate citizens, who
may want to file a complaint.
Forms and Brochures Complaint and Request for Review forms,
and explanatory brochures should be
developed that will facilitate the
complaint process.
Public Information A process should be developed that will
inform citizens of the outcorne of
investigations or of appeals.
Hotline A 24-hour hotline should be developed
for citizen complaints, handled by an
agency Independent of the Police
Department.
Uniform Tracking System This would be a system that would track
all police complaints developed to show
the type of complaint, status, who is
Investigating and disposition.
Investigation Review Panel An Investigation Review Panel should be
established to provide citizens with an
additional avetiue of review once
Internal Affairs' investigations have
been finished.
1 4
Item 111-G.l.
CITY MANAGER'S PRESENTATION
CITIZENS REVIEW COMMITTEE ITEM # 34748 (Continued)
There are three types of citizen review panels which differ, based on who
investigates and reviews complaint investigations: Class 1, "Civilian Review"
in which the citizen panel conducts and reviews investigation, and makes
recommendations; Class 2, "Citizen Input" in which sworn police conduct the
investigation, and the citizen panel reviews the investigation and makes
recommendations; and, Class 3, "Citizen Monitor" in which sworn police conduct
and review the investigation and the panel hears complainant appeals of the
investigation findings. The type of Board recommended by the Task Force is to
be "Class 3".
Chalrman Vakos introduced a proposed Resolution including policy and procedures
which would allow the City Manager to establish an Investigation Review Panel.
The key elements of the Policy and Procedures are as follows:
The Panel would be made up of five individuals appointed by
the City Manager.
The Panel would have the authority to review findings of the
Internal Affairs Unit when an officer is exonerated, or
complaint is determined to be unfounded or not substantiated.
The Panel would be given the authority to investigate other
misconduct by employees of the Police Department. This would
include all employees of the Police Department who have
contact with the public.
When the citizen is informed in writing of the findings of
the investigation, as much information as possible regarding
the original complaint should be sent to the citizen. In
addition, information on reviewing the findings should be
included in the letter. Assistance would be provided to
individuals interested in filing both original complaints and
to review findings ot the Internal Affairs Unit.
The Department of Human Resources should provide staff
support to the Investigation Review Panel to perform the
necessary administrative duties incidental to the periodic
meetings of the Panel including but not limited to notices,
meeting place, coordination and reports from Internal Affairs
and agenda. Also, the City Attorney or designee should
provide legal assistance.
Another recommendation deals with all the employees of the
City. In recognition of the importance of maintaining the
public's trust in the integrity of all the City's employees,
the Task Force recommends, in cases involving abuse of
authority or other serious misconduct, that the identity of
the City employee involved and the discipline given be made a
matter of public record.
Chairman Vakos introduced the Special Task Force Members in attendance: Judith
L. Rosenblatt, Donald R. Trueblood, William A. Schlimgen and Bryan D. Williams.
Chairman Vakos expressed appreciation to the -@ity Manager's active
participation, the tremendous assistance of the Office of Research, Patricia
Phillips - Director, Stacy Hershberger and her staff, Robert Matthias -
Intergovernmental Relations Co-ordinator, Leslie L. Lilley - City Attorney and
Assistant City Attori)eys William Byman and Randall Blow.
1 5
Item 111-G.2.
CITIZENS REVIEW COMMITTEE ITEM # 34748 (Continued)
Upon motion by Counci Iman Heischober, seconded by Counci Iman Sessoms, City
Councli SCHEDULED FOR AUGUST 27, 1991:
A Resolution directing the City Manager to
implement the recommendations of the City's Special
Task Force to formulate procedures and guidelines
tor the Establishment of a Citizens' Review
Committee.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
-16-
Item III-H.
PUBLIC HEARING
ITEM ~ 34749
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) CHRISTIAN CHAPEL ASSEMBLY OF GOD
CONDITIONAL USE PERMIT
(b) JOSEPH P. VITALE
CONDITIONAL USE PEP, NIT
(c) BRYAN D. STEVENS
CONDITIONAL USE PERMIT
(d) RALPH Wo AND DONNA M. VANNOSTRAND
(e) HELEN LEINBACH FOOS AND
HAROLD J. AND HEIDI S. LEVlNSON
VARIANCE AND
CONDITIONAL USE PERMIT
STREET CLOSURE
PLANNING
(a) DONALD S. LEWIS, SR. AND DONALD S.
LEWIS, JR. T/A AUSLEW GALLERY, INC.
(b) HARRY SANDLER
(c) DAM NECK PROPERTIES
(d) HILDA W. ARCHBELL
(e) CITY ZONING ORDINANCE
(f) SUBDIVISION ORDINANCE
CHANGE OF ZONING
STREET CLOSURE
CONDITIONAL ZONING
STREET CLOSURE
Article 2, ADDING Section 23.1
eating and drlnklng establish-
ments serving alcoholic bever-
ages.
Section 203, 901, I001, 1511 and
1512 re certain eating and
drinking establishments
Section 506 re open space
promotion
Section 8.1 re plat fees for sub
divisions In agricultural
districts.
August 13, 1991
- 17 -
Item III-H.1
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 34750
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTTON Items lb, c, d, and e of the PLANNING BY CONSENT
AGENDA.
Item la was voted upon separately.
Voting: 10-0
Council @iembers Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Nlayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 18 -
Item 111-H.I.a.
PUBLIC HEARING ITEM # 34751
PLANNING BY CONSENT
Reverend Steve Dyer, Pastor - Christian Chapel Assembly of God, 1532 Garland
Way, Phone: 430-2100, represented the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of CFIRISTIAN CHAPEL ASSEMBLY OF
GOD for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHRISTIAN CHAPEL
ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R07911385
BE IT HEREBY ORDAINED BY THE COUNCII- OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Christian Chapel
Assembly of God for a Conditional Use Permit for a
Church on certain property located on the southwest
side of Salem Road, 344.4 feet north of North
Landing Road. The parcel is located at 2751 Salern
Road and contains 6.6 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. At detailed site plan review, the submitted plan
shall provide for Best Management Practice
Facilities. Infiltration BMP's located under
pavement may not be appropriate due to potential
maintenance problems.
2. Indigenous vegetation on the site shall be
preserved to the greatest extent possible and
protection rneasures shall be maintained on the
final site plan.
3. A right-of-way reservation is required along the
frontage of Salem Road to provide for an ultirnate
four-lane divided roadway with a bikeway and scenic
buffer. Approxlmately 7.5 feet right-ot-way
reservation will be required.
4. The applicant will comply with the Tree Protection
Ordinance and save as many trees as possible.
5. The site plan and rendering of the proposed
building shall be reviewed by Councilwoman McClanan
prior to submission for final City Staff approval.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zonlng Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of August, Nineteen Hundred and Ninety-One.
- 19 -
Item Ill-H.l.a.
PUBLTC HEARING ITEM # 34751 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 20 -
Item ITT-H.l.b.
PUBLIC HEARING ITEM # 34752
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of JOSEPH P. VITALE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOSEPH P. VITALE FOR
A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLING IN THE AG-2 AGRICULTURAL DISTRICT
R07911386
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Joseph P. Vitale for
a Conditional Use Permit for a single family
dwelling on certain property located on the south
side of Vaughan Road, 3615.14 feet west of Princess
Anne Road. Said parcel contains 3.32 acres. PUNGO
BOROUGH.
The following conditiolis shall be required:
1. Only one additional entrance shall be provided onto
Vaughan Road to serve both the proposed lot and the
residual 96 acres included in this application. The
entrance shall be placed in a location that will
serve both properties.
2. If a development proposal. is established in the
future for the residual 96-acre property, the
subject 3.32 acre lot shall be incorporated in the
overall development and shall count against the
total number of lots permitted for the overall 99
acre tract.
3. This conditional use permil shall be considered
activated with the recordation of a final
subdivision plat.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of August, Nineteen Hundred and Ninety-One.
- 21 -
Item III-H.I.b.
PUBLIC HF-ARING ITEM # 34752 (Contineud)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
STATEMENT OF CONSENT
APPLICANT: JOSEPH P. VITALE
APPLICATION: Conditional Use Permit -
Vaughan Road/Princess Anne Road
(Pungo Borough)
DESCRIPTION: Single-family dwelling
CITY COUNCIL SESSION: August 13, 1991
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND @IEREBY ACCEPTS AND AGREES TO:
1. Only one additional entrance shall be provided onto Vaughan
Road to serve both the proposed lot and the residual 96 acres
included in this application. The entrance shall be placed
in a location that will serve both properties.
2. It a development proposal is established in the future for
the residual 96 acre property, the subject 3.32 acre lot
shall be incorporated into the overall development and shall
count against the total number of lots permitted for the
overall 99-acre tract.
3. This Conditional Use Permit shall be considered activated
with the recordation of a final subdivision plat.
k
AfC l@ac@@
By- OWner
L/Attorney/Agent
Date: A@i,)@ llq)
u
- 22 -
Item 111-H.I.c.
PUBLIC HEARING ITEM # 34753
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of BRYAN D. STEVENS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BRYAN D. STEVENS FOR
A CONDITIONAL USE PERMTT FOR AN AUTOMOTTVE REPAIR
GARAGE R08911387
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bryan D. Stevens for
a Conditional Use Permit for an automotive repair
garage on certain property located on the west side
of First Colonial Road, south of Southern
Boulevard. The parcel is located at 101 South First
Colonial Road, Suite 107 and contains 1200 square
feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The applicant must obtain a variance from the Board
of Zoning Appeals to the Category VT landscape
screening requirement.
2. All repair work is to be conducted inside of the
building. No outside storage of automobiles or
parts will be permitted.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of tbe proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of August, Nineteen Hundred and Ninety-One.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
STATEMENT OF CONSENT
APPLICANT: BRYAN D. STEVENS
APPLICATION: Conditional Use Permit -
101 South First Colonial Road
(Lynnhaven Borough)
DESCRIPTION: Automotive repair garage
CITY COUNCIL SESSION: August 13, 1991
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. The applicant must obtain a variance from the Board of Zoning
Appeals to the Category VI landscape screening requirement.
2. All repair work is to be conducted inside of the building.
No outside storage of automobiles or parts will be permitted.
Owner
By.@ i
o@ey7A@ent
Date:- &o@@ 1-3
u
- 23 -
Item III-H.I.d.
PUBLIC HEARING ITEM # 34754
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED the application of RALPH W. AND DONNA M. VANNOSTRAND for a
Variance to Section 4.4(b) of the Subdivision Ordinance and ADOPTED an
Ordinance for a Conditional Use Permit:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Ralph W. and Donna M.
Vannostrand. Said property is located on the west
side of Princess Anne Road, 1071 Feet more or less
south of Muddy Creek Road. PUNGO BOROUGH
The following condition shall be required:
1. An ingress/egress easement should be platted over
the existing driveway and a one-foot no
ingress/egress easement, exclusive of the existing
driveway entrance, should be platted along the
frontage of Princes Anne Road. No additional curb
cuts should be permitted.
A N D,
ORDINANCE UPON APPLICATION OF RALPH AND DONNA
VANNOSTRAND FOR A CONDITONAL USE PERMIT FOR TWO
SINGLE FAMILY HOMES IN THE AG-2 AGRICULTURAL
DTSTRICT R08911387A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VTRIGNIA
Ordinance upon application of Ralph and Donna
Vannostrand for a Conditional Use Permit for two
single fami.ly homes on certain property located on
the west side of Princess Anne Road, 1071 feet more
or less south of North Muddy Creek Road. The parcel
is located at 1657 Princess Anne Road and contains
2.876 acres. PUNGO BOROUGH.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of August, Nineteen Hundred and Ninety-One.
- 24 -
Item Ill-H.I.d.
PUBLIC HF-ARING ITEM # 34754 (Continued)
PLANNING BY CONSENT
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
STATEMENT OF CONSENT
APPLICANT: RALPH and DONNA VANNOSTRAND
APPLICATION: Variance -
Princess Anne Road/North i%4uddy -ureek Road
(Pungo Borough)
DESCRIPTION: Section 4.4(b)
CITY COUNCIL SESSION: August 13, 1991
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. An ingress/egress easement should be platted over the
existing driveway and a one-foot no ingress/egress easement,
exclusive of the existing driveway entrance, should be
platted along the frontage of Princess Anne Road. No
additional curb cuts should be permitted.
OW e-r
By:
Attorney/Agent
Date:
- 25
Item II1-fi.l.e.
PUBLIC HEARING ITEM # 34755
PL4NNlNG BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED the petition of HELEN LEIMBACH FOOS and HAROLD J. AND HEIDI S.
LEVINSON for the discontinuance, closure and abandonment of portions of a
fifteen (15) foot alley, subject to compliance of conditions by the City
Council Session of February 25, 1992.
Application of Helen Leimbach Foos and Harold J.
and Heidi S. Levinson for the discontinuance,
closure and abandonment of portions of a 15-foot
alley located between lots 4 & 1, Lots 5 & 17, Lots
6 & 18 and Lots 7 & 19, Block 23, Croatan Beach.
Said parcels are 15 feet in width and contain 3000
square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
2. The applicant is required to resubdivide the
property and vacate internal lot lines to
incorporate the closed area into adjoining parcels,
as well as, to ensure that all lots have access to
a public street. Lots 16, 17, 18 and 19 must be
incorporated @Into the lots with frontage on South
Atlantic Avenue.
3. Closure of this right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council
(2/25/92).
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
STATEMENT OF CONSENT
APPLICANT: HELEN LEIMBACH FOOS and
HAROLD J. AND HEIDI S. LEVINSON
APPLICATION: Street Closure
DESCRIPTION: Portions of a 15-foot Alley between Lots 4 & 16,
Lots 5 & 17, Lots 6 & 18, Lots 7 & 19,
Block 23, Croatan Beach
(Lynnhaven Borough)
CITY COUNCIL SESSION: August 13, 1991
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE As THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF TidE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to
determination by the City Attorney's Office.
2. The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into
adjoining parcels, as well as to ensure that all lots have
access to a public street. Lots 16, 17, 18 and 19 rnust be
incorporated into the lots with frontage on South Atlantic
Avenue.
3. Closure of this right-of-way shall be contingent upon
compliance with the above-stated conditions within 180 days
of the approval by City Council.
Owner
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
HELEN LEIMBCH FOOS, et al.
IIAROLD J. LEVINSON, @t @x., et al.
HEIDI S. LEVINSIN, eu-vi-r., @t -aT.
AN ORDTNANCE VACATING AND DISCONTINUING
PORTIONS OF A 15' ALLEY IN LYNNHAVEN
BOROUGII, IN TIIE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicants, flelen Leimbach Foos, flarold J. Levinson
and Heidi S. I,evinson, to be presented to the City Council
of the City of Virginia Beach, Virginia, on the 25th day of
June 1991, for the vacation of the portions of the
hereinafter described alley in the City of Virginia Beach,
Virginia, was on the 24tl) day of May -1 1991, and
on the 5th day of June 1 1991, duly published
twice with six days elapsing between the two publications in
a newspaper published or having general circulation in the
City of Virginia Beach, Virgiriia, specifying the time and
place of hearing at which affected persons might appear and
present their views, in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of portions of
the alley in Croatan; aiid
WHEREAS, said application was made to the Ci-ty
Council of the City of Virginia Beach, Virginia, on the 25tl,
day of -Jtine 1 1991, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 25i.1, day of
,June 1991, appointed
and as
viewers to view such street and report in writing whether in
their opinion aiiy, and if any, what inconvenience would
result from discontinuing the same, and said viewers have
made such report to the City Council of the City of Virginia
Beach, Virginia; and
WIfEREAS, f", ,,h report and other evidence, and
after notice to tlie land proprietc)rs affected thereby, along
the portions of the alley proposed to be vacated, it i, th,
judgment of the ci-ty cotincil of the City of Virginia Beach,
Virginia, that these proceedings have been instituted,
conduc,,ted and concluded in the manner prescribed by Code of
Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portions of said
street, and that tlle portiolis of said alley should be
vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virgini-a Beach, Virginia:
1. That the following portions of an alley in
Croatan, in the Borough ()f Lynnhaven, in the City of
Virginia Beach, Virginia, be, and the same is hereby,
vacated and discontinued:
All those certain pieces or parcels of land,
situate, lying and being in Lynnhaven
Borouqh, 'n the City of Virginia Beach, State
of Virginia, being those portions of a 15'
alley designated as "Portion of , 15- Lane to
Be Closed" on that certain survey entitled
"Plat of Lots 4, 5, 16 & 17, Block 23,
Croataii Beach, Lynnhaven Borough, Virginia
Beach, Virginia, Showi,ng Proposeci Portions of
a 15' Lane to re Closed", and designated as
"15' Alley to Be Closed" on that certain
survey entitled "Alley Closi,, p]-,-t 0f Lots 7
and 19, Block 23, Croatall Beach, for Helen
Leimbach Foos"; the subject pc)rtions of the
15' alley are bc)unded on the east and west by
property now owned c)f record by Helen
Leimbach Foc)s, and described as Lots 4, 5,
16, -17, 7 & 19, as shown on the aforesaid
surveys and on tllat certain plat of Croatan
Beach recordeci in the Clerk's Office of the
Circuit Court of the city c)f Virginia Beacii,
Virginia, in Map BOC)K 24, page 37, and
designated as "15, Y 50' Portion of Alley To
Be closed" On site Plan entitled " Si.te Plan,
Lot 6 and 18, Block 23, Cr
oatan E3each,
Lynntiaven Borough, Virginia Beacli, Va'
bounded on the east and west by property now
owned of record by flarold J. Levinson and
Hei.di S. Levinson, described as Lots 6 and 18
on said site plan and ozi the aforesaid plat
C)f Croatan Beacli.
2. A cf-,rtified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Vi-rginia [3eacl,, Virg@-iiia, as grant()r,
and in the names of fielen l,eiml@ach Foc)s, flarold J. Levinson
2
and ifeidi S. Levinson, as grantee, in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virqinia,
at the expense of the applicants.
3. This Ordinance shall be effective on the date
of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
day of 1991.
TESTE: RUTII SMITH, CITY CLERK
By
C,,Ey Clerk
- 26 -
Item 111-H.2.a.
PUBLIC HEARING ITEM # 34756
PLANNING
Councilman Louis R. Jones' letter of August 9, 1991, requesting DEFERRAL of the
appllcation is hereby made a part of the record.
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Session of August 27, 1991,
RECONSIDERATION of CONDITIONS in the Applications of DONALD S. LEWIS, SR. and
DONALD S. LEWIS, JR., t/a AUSLEW GALLERY, INC. (ADOPTED June 9, 1986).
ORDINANCE UPON APPLICATION OF DONALD S. LEWIS, SR.
AND DONALD S. LEWIS, JR. AND AUSLEW GALLERY, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-1 WITH A PD-H2 OVERLAY TO R-1 Z06861096
Ordinance upon application of Donald S. Lewis, Sr.,
and Donald S. Lewis, Jr., of Auslew Gal lery, Inc.
for a Change of Zoning District -liassification from
R-1 Residential District with a PD-H2 Overlay to
R-1 Residential District on property located 1400
feet east of Diamond Spr i ngs Road, south of
Northampton Boulevard on Parcel 3, Sam Jones
Estate. Said parcel contains 4.45 acres. Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF DONALD S. LEWIS, SR.
AND DONALD S. LEWIS, JR. AND AUSLEW GALLERY, INC.
FOR A CONDITIONAL USE IIERMIT
Ordinance upon applicatlon of Donald S. Lewis, Sr.,
and Donald S. Lewis, Jr., ot Ausiew Gal lery, Inc.
for a Conditlonal Use Permit for an art gal lery on
property located 1400 teet east of Diamond Springs
Road, south or Northampton Boulevard on Parcel 3,
Sam Jones C-state. Said parcel contains 4.45 acres.
Plats with more detailed Information are available
in the Departrnent of Planning. BAYSIDE BOROUGH.
The applicant is requesting a RECONSIDERATION of Condition I and 2.
1. Approval shall be for a period of five years.
2. No signs shall be permitted on the property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 27 -
Item 111-H.2.b.
PUBLIC HEARING ITEM # 34757
PLANNING
Attorney Thomas W. Dunbar, 870 Greenbrier Circle, Suite 300, Chesapeake, Phone:
424-3232, represented Virginia Beach Federal Savings Bank. Attorney Dunbar
advised minor typographical errors in the Ordinance had been corrected.
Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance in the Petition of HARRY SANDLER for
the discontinuance, closure and abandonment of a portion of Jetty Street:
Application of Harry Sandler for the
discontinuancp-, closure and abandonment of a
portion of Jetty Street beginning at the southern
boundary ot Shore Drive and running in a southerly
direction a distance of 330.64 feet more or less.
Said parcel contains 18,687 square feet. Plats with
more detailed inforination are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
Ill TIIE MATTER OF TIIE CLOSIIIGI VACATIIIG AIID DISCONTINUING OF A
PORTIOIT OF TI]AT CEIZTAIII STI@EET OF VARIA131,17, @QIDTII ENOWN AS JET'@R
DIZIVE, AS SIIOWII UPOII TIIAT CERTAIN PI,AT EIITITLED "RESUBE)IVISIOM OF
PARCEI, 'Al (M.B. 184, PG. 3) AIID A PORl@Ioll ON JETTY STREET TO BE
CLOSED LY11NIiAVEN BOROUGII - VIRGIIIIA BEACII, VIRGINIA,,, DATED
FEBRUARY 18, 1991, PRFPARED BY IIILLER-STEPIIENSOII & ASSOCIATES,
P-C-, WIIICIF PLAT IS ATTACIIED IIERETO.
WIIEREAS, it appearing by affidavit tllat proper notice has been
given by liarry Sandler that lie w,tild make apl)lication oli August 28,
1990, to liave the hereinafter described street discontinued, closed
and vacated; and
WIIEREAS, Virginia Beacli Federal Savi ngs Bank acquired title to
the hereinafter described street by Trustee,F, Deed, dated February
25, 1991, recarded in tile clerk's Office of the Circuit Court of
tlie City of Virgiiiia Beacli, Virgini,a ili Deed Boolc 2970, at page
781; and
WIIEREAS, it Is tile jildgment of ttie Council of tlie City of
Virginia Beach, Virgiiiia that said street be discontinued, closed,
and vacated.
NOW, TIIEREFORE,
SECTION I
BE IT ORDAINED by the Council of tlie City of Virginia Beacii,
Virginia that tlle lierel.nafter described street be discontinued,
closed and vacated:
GPIN: 14899910850000
14898898540000
ALL OF THAT parcel of land l,c,t,d on the
south side of U.S. Route 60 (Shore Drive)
which U.S. Route 60 is shown as Atlantic
Avenue on the hereinafter described plat and
which parcel of land is also located in the
Lynnhaven Shores area of Lynnhaven Borough in
the CitY of Virginia Beach, Virginia and is
more particularly bounded and d,s,ribed as
follows: All of that certain parcel of land
shown as JETT STREET on the Plat of Lynnhaven
Shores dated April, 1926, made by P. F.
Mueller and recorded in the Office of the
Clerk of the Circuit Court of the City of
Vircjinia Beach, Virginia in Map Book 7, at
Page 167. Said parcel of land is further
described as beginning at a point at the
intersection of the southern right-of-way of
U.S. Route 60 (Shore Drive) which is shown on
the aforesaid plat as Atlantic Avenue and the
west right-of-way of Jett Street (now known as
Jetty Street) , said point marked by a concrete
monument; thence N 43 031 45" E 1.181 along
the aforementioned right-of-way of Shore Drive
to a point, the Point of Beginning; thence N
43 031 45" E 9.611 to a point; thence along a
curve to the right with a radius of 1909.061
and an arc length of 50.571 to a point; thence
S 35 301 1811 E 67.101 along the eastern right-
of-way of Jetty Street to a point; thence
following a curve to the right with a radius
of 405-601 and an arc length of 178.311 to a
point; thence s lo 19' 0011 E 75.00' to a
point; thence S 79 41' 00" W 60.001 to a point
on the western right-of-way of Jetty Street;
thence following the aforementioned western
right-of-way of Jetty Street N 10 191 00'f W
75.001 to a poiiit of ciirvel tlieiice followiiicj a
c.tirve to tlie- left-. wl.tli i of 345.601 iiid
aii arc leiigtli of 15 1. 9 3 tc) @l poi.lit of
tangency; tlience 11 35 301 1811 Iq 65.201 to tlie
r)c)illt C) f 13ecjillllillcj. 'Plie aldove describecl
parcel coiitailis 0.42 acres more or less.
Said parcel of lancl being desigiiatecl as "Jetty Drive (601 R/W) ", as
ilidicated on tliat certaiii I)lat eiititlecl 'IIZESUBDIVISION OF PAIZCET,
IA- 184, PG. 3) A141) A POI@T1014 OF 'JETTY STREET TO DE CLOSED
LYN@IIIAVEN )30ROUGII - VIRGIIIIA IIEACII, V.11@(',IlllA,ll dated Febriiii:y 18,
1991, whicii plat iG to ])e recorclecl iii tlie Clerklr office of tlie
Circiiit Court of tlie City of VircjJ-Iiia Beacli, Virginia, upoll
adoptioii of tliiq ordiiiaiice, aiici ig Tna(le a I)art liereof by refereiice.
LESS ATID EXCEPT tliat certaiii fifteeii foot (151) strip designated as
11151 PEDESTRIAII @ DICYCLE EASEIIEIITII as sllowii oil tlle aforesaid lilat
and coi)veyed to tlie City of Virgi-iiia Beacli, Virginia pursualit to
tliat certain Deed of Easeneiit to be recordecl Iii tl-le Clerk's office
of tlie circuit Court of tlie City of Vi-rcjiiiia Be@icii, Virgi-ilia upoll
adoptioti of tllis ordiiiaiice, aiid macle a part liereof 13y reference.
@E@TION_lj
A certified copy of this Ordinance sliall be file(I ltl tile Clerk's
Office of tlie Circtiit court of tlie city of Vlrglili@l 13eacli,
V.trginia, and iildexed iti tlie name of tlie City of Virgiiiia Be@icii as
Graiitor. f
AUTHORIZED FINAL APPROVAL: August 13, 1991
THIS DEED OF EASEMENT, made this 16th day of May, 1991, by and
between VIRGINIA BEACH FEDERAL SAVINGS BANK, a federally chartered
savings bank, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, Grantee;
W I T N E S S E T H:
That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid, and other good and valuable
considerations, the receipt of which is hereby acknowledged, the
Grantor does hereby grant and convey, with Special Warranty, unto
the Grantee, the following easement:
A non-exclusive perpetual easement for the purpose of
pedestrian and non-motorized bicycle access over a
certain strip of land fifteen feet (151) in width, lying,
situate and being in the City of Virginia Beach, Virginia
designated and shown as 11151 PEDESTRIAN & BICYCLE
EASEMENT" on that certain plat entitled "RESUBDIVISION OF
PARCEL 'A' (M.B. 184, PG. 3) AND A PORTION OF JETTY
STREET TO BE CLOSED LYNNHAVEN BOROUGH - VIRGINIA BEACH,
VIRGINIA" Scale: 111 = 401, dated February 18, 1991, made
by Miller-Stephenson & Associates, P.C., Engineers,
Surveyors & Planners, which plat is recorded in the
Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book _, at Page I
reference being made thereto for a niore particular
description of said easement.
IT BEING a part of the property conveyed to the Grantor
by Trustee's Deed of Princess Anne Service corporation,
a Virginia corporation, dated February 25, 1991 and
recorded in the aforesaid Clerk's Office in Deed Book
2970, at Page 781.
The above-described easement is conveyed subject to the
reservations, covenants, conditions, restrictions and easements, if
any, duly of record and constituting constructive notice.
The Grantor expressly reserves, for the benefit of itself, and
its successors and assigns, the right to use said strip of land,
and/or grant other easements over, under, on or above the same, so
long as such use and/or other easements are not inconsistent with
the rights hereinabove granted to the Grantee.
GPIN: 14899910850000
14898898540000
WITNESS the following signature:
VIRGINIA BEACH FEDERAL SAVINGS BANK
By
Its
COMMONWEALTH OF VIRGINIA
CITY OF Virginia Beach to-wit:
I, Sarah Z. Cinnamon -, a Notary Public in and for
the City and State aforesaid, do hereby certify that no
I Senior Vice President of Virginia Beach Federal
Savings Bank, hose name as such is signed to the foregoing
instrument bearing date on the 16th day of May, 1991, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand and seal this -16th day of May, 1991.
@'-/Notary Public
My commission Expires: February 28, 1-993
(vabchfed) cityvbch.doe
- 28 -
Item 111-H.2.c.
PUBLIC HEARING ITEM # 34758
PLANNING
Attorney R. J. Nutter, 11, 4425 Corporation Lane, Phone: 671-6000, represented
the app I icant and adv!sed the ap p Ii cant has I imi ted access into the property
to two ex! sti ng pub Ii c rl ght-of -ways. There w I I I be no other access from
General Booth Boulevard other than those points.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum., City Council
ADOPTED Ordinances upon appllcation of DAM NECK PROPERTIES for Conditional
Zoning Classifications:
ORDINANCE UPON APPLICATION OF DAM NECK PROPERTIES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM 0-2 TO
B-2 PRINCESS ANNE BOROUGH Z08911329
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application for a Conditional Zoning
Classification from 0-2 Office District to B-2
Community Business District on the east side of
General Booth Boulevard beginning at a point 1430
feet more or less south of Dam Neck Road. the
proposed zon i ng classification change is for
commercial land use. The Comprehensive Plan
recommends use of a portion of this parcel for
c)ffice. The parcel contains 5.319 acres. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF DAM NECK PROPERTIES
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO B-2 Z08911330
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatlon of Dam Neck Properties
for a I-onditional Zoning Classification from AG-2
Agricultural District to B-2 Community Business
District on the following parcels:
Parcel 1: Located 200 feet more or less east of
General Booth Boulevard beginning at a point 1960
feet more or less south of Dam Neck Road.
Parcel 2: Located 310 feet more or less east of
General Booth Boulevard beginning at a point 2300
feet more or less south of Dam Neck Road.
The proposed zoning classification change is for
commercial land use. The Comprehensive Plan
recommends use of this parcel for suburban high
density. Said parcels contain 1.104 acres. PRINCESS
ANNE BOROUGH.
- 29 -
Item 111-H.2.c-
PUBLIC HEARING ITEM # 34758 (Continued)
PLANNING
The following conditions shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court.
2. De 1 et i on of the sma I Iportion of this request
located south of Edison Lane.
*The applicant voluntarily agreed to:
a. Review by the Architectural Board.
b. Lighting to be directed away from the
residential area.
c. Signs to be monument type and in accordance with
the City Ordinance.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth of August, Nineteen Hundred and Ninety-One.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
Louis R. Jones
THIS AGREEMENT, made this 26th day of June, 1991, by and
between DAM NECK PROPERTIES, a Virginia Limited Partnership,
(hereinafter Grantor), and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia
(hereinafter referred to as Grantee).
W I T N E S S E T H
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by peti-
tion of the Grantor addressed to the Gl?antee, so as to change
the classification of the Grantor's Property from 0-2 (Of-
fice) and AG-2 (Agricultural) to B-2 (Commercial), on certain
Property which is currently partially zoned B-2 and which
together with Property being re-zoned contains a total of
6.775 acres, more or less, in the Princess Anne Borough, of
the City of Virginia Beach, Virginia, more particularly
described in the attached Exhibit A hereinafter the Property.
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
commercial purposes, through zoning and other land develop-
ment legislation; and
WHEREAS, the Grantor acknowledges that the competing and
sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the subject
Property and at the same time to recognize the effects of the
changes, and the need for various types of uses, including
those listed above, certain reasonable conditions governing
the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned B
are needed to cope with the situation which the Grantor's re-
zoning application gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in writ-
ing in advance of and prior to the public hearing before the
Grantee, as part of the proposed amendment to the Zoning Map,
in addition to the reg-ulations provided for in the existing
B-2 zoning district by the existing Comprehensive Zoning
Ordinance, the following reasonable conditions related to the
physical development and operation of the Property to be
adopted as a part of said amendment to the new Zoning Map
relative to the Property described above, which have a
reasonable relation to the re-zoning and the need for which
is generated by the re-zoning; and
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of
the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amend-
ment changes the zoning on the Property covered by such
conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a
new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's of-
fice of the Circuit Court of the City of Virginia beach,
- 2 -
virginia, and executed by the record owner of the subj6ct
Property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adapted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of
such consent.
NOW, THEREFORE, the Grantor, for themselves, their suc-
cessors, assigns, grantees, and other successors in title or
interest, voluntarily and without any requirement by or exac-
tion from the Grantee or its governing body and without any
element of compulsion of quid pro cruo for zoning, re-zoning,
site plan, building permit or subdivision approval, hereby
makes the following declaration of conditions and restric-
tions as to the physical development and operation of the
Property and governing the use thereof and hereby tenders the
following covenants running with the said Property, which
shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor, its heirs,
personal representatives, assigns, grantees and other succes-
sors in interest or title, namely:
1. Access to the Property from General Booth Boulevard
shall be limited to access from : (a) Edison Lane as it ex-
ists now or is improved in the future; (b) a future paved
- 3 -
drive aisle aligned with Gallery Avenue and the existing
median cut on General Booth Boulevard near the center of the
Property; and (c) the existing paved drive aisle to the north
of the Property currently aligned with Hubbell Drive.
2. Internal access within the Property shall be accom-
modated by a reciprocal ingress/egress easement which shall
intersect with the existing variable width reciprocal
ingress/egress easement immediately north of the Property,
which easement is more particularly described in that certain
Deed of Easement recorded in the Virginia Beach Circuit Court
Clerk's Office in Deed Book 2665 at pages 1878-1880.
3. Grantor shall dedicate to the City, for the exten-
sion of Edison Lane, the portion of its property shown on the
exhibit entitled "Exhibit B for Dam Neck Properties",
prepared by Basgier and Associates, which plan is exhibited
to the City Council and on file in the Planning Department of
the City of Virginia Beach. Said dedication shall be made
prior to subdivision or site plan approval of all or a por-
tion of the Property.
4. Grantor shall improve the portion of Edison Lane
shown on the Exhibit referred to in paragraph 3 above. Said
improvements shall be installed or bonded prior to subdivi-
sion or site plan approval of all or a portion of the
Property.
5. The Grantor shall dedicate to the City, the neces-
sary right-of-way for a right turn lane into the Property
along General Booth Boulevard as shown on that certain plat
4
entitled "Amended Subdivision Plat of the General Edison As-
sociates and Dam Neck Properties Tracts", recorded in the
Virginia Beach Circuit Court Clerk's office in Deed Book
2665, at pages 1878-1880. Said dedication shall be made
prior to subdivision or site plan approval of all or a por-
tion of the Property.
6. Grantor shall construct said right turn lane
referred to in paragraph 5 above. Said improvements shall be
installed or bonded prior to subdivision or site plan ap-
proval of all or a portion of th6 Property, into the
Property.
7. Grantor shall install a left turn lane in the
median on General Booth Boulevard, at the existing median cut
aligned with Gallery Avenue, to assist access to the Property
by south bound traffic from General Booth Boulevard. Said
improvements shall be installed or bonded prior to subdivi-
sion or site plan approval of all or a portion of the
Property.
8. Grantor shall install landscaping on the Property
in phases, in accordance with the landscape plan entitled
"Landscape Plan for Dam Neck Properties Exhibit C", prepared
by Basgier and Associates, which plan is exhibited to the
City Council and on file in the Planning Department of the
City of Virginia Beach. Said landscaping shall be installed
or bonded on the portions of the Property for which the site
plan approval is sought.
- 5
9. If the dedications and/or improvements proffered by
Grantor in paragraphs 3, 4, 5, 6 and 7 herein, are not used
by the Grantee anytime within the next 20 years for the
purpose for which they are proffered, then such Property and/
or any funds paid and unused may be used by the City for any
other public purpose.
10. No building constructed on the Property shall
exceed a height of 35 feet.
11. Any center identification sign or free standing
sign erected on the Property shall conform to the following
restrictions:
a. The support structures for the sign shall not be
exposed and shall be covered with pole covers, decorative
cladding or pole skirts.
b. The pole covers, decorative cladding and/or pole
skirts shall be at least as wide as 1/4 the width of the
sign.
12. Any free standing signs erected on the Property
shall be located within the setback area from General Booth
Boulevard between the projected building lines of the respec-
tive buildings on the Property.
13. The Property shall not be subdivided into more than
seven (7) parcels.
14. The exterior portion of any building located on the
Property shall be finished in brick, drivit, glass, stone,
specialty block or specialty concrete.
6
15. The following uses shall be prohibited on the
Property: (a) automobile repair garages; (b) boat sales (c)
borrow pits, (d) bulk storage yards or building contractors
yards, e) heliports and helistops; (f) mobile home sales; (g)
motor vehicle sales; h) nightclubs, bars and taverns, however
this exclusion shall not apply to restaurants licensed to
sell alcoholic beverages by the Virginia Alcoholic Beverage
Commission.
16. All buildings, housing principal uses on the
Property shall be constructed at the setback line from
General B6oth Boulevard.
17. Any exterior walls fronting on General Booth
Boulevard shall be constructed with contrasting design
elements incorporated into the design. These contrasting
design elements, shall include but not be limited to, change
of color, change of texture, change of materials, windows,
reveal lines, pilasters, landscaping or some combination
thereof.
18. All parking spaces on the Property shall be located
at or behind the building setback line from General Booth
Boulevard. Drive aisles may be installed inside the setback
area from General Booth Boulevard provided: a) low cover
continuous landscaping, two to three feet in height, is
installed around the portion of the drive aisle fronting on
General Booth Boulevard; and b) pedestrian access is provided
into the site.
7
19. Shade trees, of the same common variety and a
minimum caliper of 2 1/2" to 311, shall be placed between the
buildings located adjacent to General Booth Boulevard on the
Property on 301 centers. The trees referred to herein shall
be a different variety of trees than those used as required
in paragraph #20 herein.
20. The trees placed on the landscape islands as
required by the city's Landscape Parking ordinance, within
the parking lots on the Property, shall be the same common
variety and size throughout the Proper@y.
21. Pedestrian access shall be provided from the
sidewalk adjacent to the Property on General Booth Boulevard,
to the buildings housing principal uses on the Property.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia shall
be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, Virginia to
administer and enforce the foregoing conditions, including
(i) the ordering in writing of the remedying of any
noncompliance with such conditions, and (ii) the bringing of
legal action or suit to ensure compliance with such condi-
tions, including mandatory or prohibitory injunction, abate-
ment, damages or other appropriate action, suit or proceed-
ings; (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the recluired building or
occupancy permits as may be appropriate; (3) if aggrieved by
any decision of the Zoning Administrator made pursuant to the
- 8 -
provisions of the City Code, the CZO or this Agreement, the
Grantor shall petition to the governing body for the review
thereof prior to instituting proceedings in court; and (4)
the Zoning map shown by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the
subject Property on the map and that the ordinance and the
conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator
and in the Planning Department and that they shall be
recorded in the Clerk's Office of t@e Circuit Court of the
City of Virginia Beach, Virginia and indexed in the name of
the Grantor and Grantee.
WITNESS the following signatures and seals:
DAM NECK PROPERTIES
By: @ p@
M6Lnaging General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
subscribed and sworn to before me this 'tday of
July, 1991 by Michael Rashkind, Managing General a@r er of
DAM NECK PROPERTIES, a Virginia Limited Partnership.
Notary Public
my Commission Expires:
kg/docs/proffers
9
- 30 -
Item 111-H.2.d.
PUBLIC HEARING ITEM # 34759
PLANNING
The following registered in SUPPORT:
Robert G. Byrum, 796 Kings Creek Drive, Phone: 420-9653, represented the
applicant
Jay Archbell, 900 LeCove Drive, Phone: 454-8091, the applicant
M. Earl Paul, 2144 East Kendall Circle, Phone: 481-6276
The following registered in OPPOSITION:
Attorney John Richardson, 3330 Pacific Avenue, Phone: 422-4733, represented F.
Wayne McLesky, Jr.
Fred Feller, representing Virginia Beach Fishing Center at Rudee Inlet
F. Wayne McLesky, Phone: 340-1251
A motion was made by Vice Mayor Fentress, seconded by Councilwoman Parker to
APPROVE the Petition of HILDA W. ARCHBELL for the discontinuance, closure and
abandonment of a portion of Arctic Avenue, subject to compliance of conditions
by February 25, 1991. Vice Mayor Fentress requested conditions be AMENDED to
include the following:
1. The disposition of this right-of-way shall be by purchase rather
than direct conveyance, if the City Attorney's Office determines
that the City owns the underlying fee. If the underlying fee is
privately held, purchase from the City is not required.
2. An easement, satisfactory to Virginia Power, is required over the
electric facilities located within the right-of-way proposed for
closure. Evidence that this condition has been met must be submitted
to the Planning Department prior to final street closure approval.
3. A minimum 20-toot drainage easement, satisfactory to Public Works-
Engineering, is required over the storm drainage facilities existing
in the right-of-way proposed for closure. A minimum 20-foot drainage
easement, satisfactory to Public Works-Engineering, is also required
on the applicant's property over the storm drainage facilities
existing between the right-of-way proposed for closure and Lake
Rudee.
4. The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into adjoining
parcels.
5. Development of the subject right-of-way parcel proposed for closure
shall be in compliance with the site plan and rendering shown to
City Council on August 13, 1991.
6. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval by
City Council, (February 25, 1992).
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Councll Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert
E. Fentress, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Voting Nay:
James W. Brazier, Jr., Harold Heischober, Paul J.
Lanteigne, Reba S. McClanan, and W i I I i arn D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
- 31 -
Item 111-H.2.d.
PUBLIC HEARING ITEM # 34760
PLANNING
Upon motion by Counci lwoman Parker, seconded by Vice Mayor Fentress, City
Council SCHEDULED RECONSIDERATION for the City Council Session of September 17,
1991, of the Petition of HILDA W. ARCHBELL for the discontinuance, closure and
abandonment of a portlon of Arctic Avenue:
Application of Hilda W. Archbell for the
discontinuance, closure and abandonment of a
portion of Arctic Avenue beginning at the southern
boundary of Winston-Salem Avenue and running in a
southerly direction a distance of 150 feet. Said
parcel is 25 feet in width and contains 3,750
square feet. VIRGINIA BEACH BOROUGH
Voting: 8-2
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Reba S.
McCianan, Mayor @Aeyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Harold Heischober and Paul J. Lanteigne
Council Members Absent:
Louis R. Jones
- 32 -
Item 111-H.2.e.1/2
PUBLIC HEARING ITEM # 34761
PLANNING
Upon rnotion by Counci lwoman McClanan, seconded by Vice Mayor Fentress, City
Council DEFERRED until the City Council Session of September 3, 1991:
Ordlnances to AMEND and REORDAIN the City Zoning
Ordinance:
Article 2, ADDING Section 233.1 re eating and
drinking establishments serving alcoholic beverages
Sections 203, 901, 1001, 1511 and 1521 re certaln
eating and drinking establishments
Vice Mayor Fentress requested the information received from the ABC Board be
Included, as there is confusion relative the role of the Board in controlling
alcohol. There are 168 ABC permits in the Virginia Beach Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 33 -
Item 111-H.2.e.3.
PUBLIC HEARING ITEM # 34761
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council DEFERRED for Staff Review:
Ordinances to AMEND and REORDAIN the City Zoning
Ordinance:
Section 506 re open space promotion
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 34 -
Item 111-H.2.f.
PUBLIC HEARING ITEM # 34762
PLANNING
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN Section 8.1 of the
Subdivision Ordinance re plat fees for subdivision In
agricultural districts.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndort, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
AN ORD@CE TO AMEND AND REORD@
S=ON 8.1 OF = SUBDIVISION ORD@CE
P G TO PLAT F= FOR
SUBDI'VISIONS IN @ DI==
BE IT ORDA= BY = =CIL OF nm = OF == BEACH,
That Section 8.1 of the subdiviqion is hereby @ed and
reordained to read as follows:
Ser-. 8.1. P@ fees.
(a) At the time preliminary vision plats are suhtdtted, the
follcwing fees shall be due ard payable frcin the effective date of
this ordinance:
(1) Residential two (2) lot plats: two hundred nine dollars
($209.00).
(2) Residential three (3) to f ive (5) lot plats: five hundred
twenty-five dollars ($525.00) plus one hundred four dollars
($104.00) per lot.
(3) Residential six (6) or 7mre plats: seven hundred dollars
thirty-four ($734.00) plus five dollars ($5.00) per lot after
the first five (5) lots.
(4) Non-residential plats: seven hundred -two dollars
($732.00) plus thirty-two dollars ($32.00) per lot.
(5) As an exception to the above, there shall be no ipreliminary
subdivision review fee for residential lot iplats in the AG-1
and AG-2 Agricultural Distri@ where star)dard oc)nditiorlal
use @t fees have been T)aid.
(b) At the tim construction plans are suhmitted for residential
subd-ivisions of six or mre lot plats or for any nonresidential
subdivisions, the following fees @ll be due and payable frcm the
effective date of this ordinance (July 2, 1990): One hundred
fifty@ven dollars ($157-00) Plus fifty-three dollars ($53.00)
per hundred (100 linear feet of roadway.
(c) At the time final subdivision plats are @tted, the followincj
fees @ll be due and payable from the effective date of this
ordinance (July 2, 1990):
(1) Residential six (6) or imre lot plats: three hurxired sixty-seven
dollars ($367.00) plus five dollars ($5.00) per lot after the
first five (5) lots.
(2) Non-residential plats: three hundred s@ dollars ($360.00)
plus thirty-five dollars ($35.00) pp-r lot.
75
(d) If an applicant, at any tine during subdivision review, ts a
revised plat or portion thereof, or inakes a change to the plan under
review not at the reques-t of the City of Virginia Beach, such revision
shall be acccupanied by a fee of one hundred five dollars ($105.00)
per sheet that is revised or changed.
(e) If a subdivision plat does not create a greater number of lots,
such plat when submitted shall be a ed by the following fees:
(1) Residential plat: fifty-two dollars ($52.00).
(2) Non-rpqidential plat: two hundred nine dollars ($209.00).
(f) When a plat is su)mitted sing land within a ty
development target area, no plat fee shall be due from property
owners who qualify as low and @erate in@ as determined by the
secretary of housing and urban development or by the Virgiriia
Hous@ Devel t Authority under one or mre of their rental
assistarce or h imrtgage prograns - @@ agr-t
with the city, waiver of plat fees ray also be provided to builders
who are building under the aforermtioned progrars for low
r,cderate incom families.
(g) A-11 fees shall be payable to the city treasurer.
Adopted by the council of the city of Virginia Beach, Virginia, on
the 13 day of August 1991.
76
- 35 -
Item 111-1.1
ORDINANCES ITEM # 34763
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for Bonney Road Pump Station
Moditications' Sewer Project; and, acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation (CIP 6-016).
Voting: 9-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Louis R. Jones
1
2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
3 PROPERTY IN FEE SIMPLE FOR PUMP STATION
4 MODIFICATIONS' SEWER PROJECT, CIP 6-016 AND THE
5 ACQUISITION OF TEMPORARY AND PERMANENT
6 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
7 OR CONDEMNATION
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important project and for public purposes for
11 the preservation of the safety, health, peace, good order, comfort,
12 convenience, and for the welfare of the people in the City of Virginia
13 Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City of Virginia Beach is hereby
17 authorized to acquire by purchase or condemnation pursuant to Sections
18 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq.,
19 Code of Virginia of 1950, as amended, all that certain real property
20 in fee simple, including temporary and permanent easements of right
21 of way as shown on the plans entitled "Pump Station Modifications, CIP
22 6-016,11 these plans being on file in the Department of Public
23 Utilities, Municipal Center, Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized to
25 make or cause to be made on behalf of the City of Virginia Beach, to
26 the extent that funds are available, a reasonable offer to the owners
27 or persons having an interest in said lands, if refused, the City
28 Attorney is hereby authorized to institute proceedings to condemn said
29 property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 13 day f August 1991.
32 CA-
33 NONCODE\PSM.ORD
34 R-1 0 N
TURE
DEPARTMENT
'--dITY ATTORNEY
- 36 -
Item 111-1.2
ORDINANCES ITEM # 34763
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Council ADOPTED:
An Ordlnance to appoint C. Oral Lambert, Jr. to
serve as City Manager in an Interim capacity from
12:01 a.m. on October 1 , 1991 , unti I such time as
the new City Manager report5 to duty.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis 'Z. Jones
1 AN ORDINANCE TO APPOINT
2 AN INTERIM CITY MANAGER
3 WHEREAS, on July 2, 1991, the current City Manager,
4 formally announced his retirement from the City;
5 WHEREAS, the present City Manager's service as City
6 Manager will officially terminate at midnight on September 30,
7 1991;
8 WHEREAS, upon learning of the City Manager's plans to
9 retire, the City Council immediately proceeded to procure the
10 services of an executive search firm to assist the City Council in
11 recruiting qualified candidates for consideration for the position
12 of City Manager;
13 WHEREAS, although it is anticipated that a new city
14 Manager will be chosen on or about October 1, 1991, it is
15 conceivable that the individual chosen to fill the position will
16 not be able to assume the responsibilities of the position until
17 after October 1, 1991; and
18 WHEREAS, in order to ensure a smooth transition of the
19 City administration, and a continuation of the vital and necessary
20 services performed by the City Manager, it is in the best interest
21 of the City to appoint an individual to serve as City Manager in
22 an interim capacity from October 1, 1991, until the individual
23 chosen to fill the position of City Manager reports for duty and
24 assumes the responsibilities of the position.
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the City Council hereby appoints C. Oral Lambert,
28 Jr. to serve as City manager in an interim capacity from 12:01 a.m.
29 on October 1, 1991, until the individual chosen by City Council to
30 fill the position of City Manager reports for duty and assumes the
31 responsibilities of the position on a full-time basis.
32 This Ordinance will be effective upon adoption.
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia, this 13- day of August 1991.
CA-4383
\noncode\interim.ord
R-6
- 37 -
Item I I I -J.
CONSENT AGENDA ITEM # 34764
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
APPROVED in ONE MOTION Items 1, 2 a/b/c/d/e/f/g/h/i/j/k/l, 3, 4, 5, 6 and 7 of
the CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
- 38 -
Item 111-J.1
CONSENT AGENDA ITEM # 34765
Upon motion by Counci lman Baum, seconded by Counci lwoman Parker, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $839,370 to the
Sheriff Is Off ice FY 1991-1992 Operating Budget re
funding fifty (50) additional Correctional Officers
associated with the completion of the new addition
to the Correction Center.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO APPROPRIATE $839,370 AND TO
2 TRANSFER $153,199 FROM FY 91-92 RESERVE FOR
3 CONTINGENCIES TO FUND FIFTY ADDITIONAL CORRECTIONAL
4 OFFICERS ASSOCIATED WITH THE COMPLETION OF THE
5 NEW ADDITION TO THE CORRECTION CENTER
6 WHEREAS, the new addition to the correction Center is scheduled for
7 completion in the fall of 1991;
8 WHEREAS, the Compensation Board has approved fifty positions to staff the
9 new addition to the Correction Center;
10 WHEREAS, the total operating costs of the fifty positions, effective
11 September 1, 1991, is estimated at $992,569 and will be funded by $839,370 in
12 reimbursements from the state and $153,199 from the city;
13 WHEREAS, adequate funding was progra=ed and approved in the FY 91-92
14 Operating Budget Reserve for Contingencies for the city's share of the costs.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA, @hat funds in the amount of $992,569 are hereby appropriated
17 to the Sberiff's Office FY 1991-92 Operating Budget with $839,370 to be funded
18 by the state and $153,199 to be transferred from the FY 91-92 Reserve for
19 Contingencies to finance salaries and operating costs for fifty additional
20 Correctional Officer positions.
21 BE IT FURTHER ORDAINED that estimated revenue from the Commonwealth be
22 increased by $839,370.
23 Adopted by the Council of the City of Virginia Beach, Virginia, this
24 13 day of August 1 1991.
25 This ordinance shall be effective from the date of its adoption.
26 First Reading: August 6, 1991
27 Second Reading: August 13, 1991
APPROVED /C- TO CONTcA@,
- 39 -
Item 111-J.2.a.
CONSENT AGENDA ITEM # 34766
Upon motion by Counci lman Baum, seconded by Counci lwoman Parker, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $24,089 from
the State Department of Criminal Justice Services
to the Commonwealth's Attorney Victim Wltness
Program, i ncluding one (1 ) ful 1-time position for
FY 1991-1992, subject to continuation ot these
grant funds.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $24,089
2 GRANT FROM THE STATE DEPARTMENT OF CRIMINAL
3 JUSTICE SERVICES FOR THE VICTIM WITNESS PROGRAM
4 WHEREAS, the Victim Witness Program of the office of the Commonwealth's
5 Attorney provides victims and witnesses of crime services which include
6 counseling, court information, referrals, travel arrangeipents, certain expense
7 reimbursements, and co=unication to the Go=onwealth's Attorney;
8 WHEREAS, an application has been made and a $24,389 grant awarded from
9 the State Department of Criminal Justice Services to continue the funding for
10 one (1) Victim Witness Assistant, with associated fringe benefits;
11 VHEREAS, this position is a full-time temporary grant position funded 100%
12 from the grant with no required city match or supplement;
13 NL;.@, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA, that a grant from the State Department of Criminal Justice
15 Services in the amount of $24,089 be appropriated to the FY1991-92 Operating
16 Budget of the Victim Witness Program in the Office @f the Commonwealth's
17 Attorney, with a corresponding increase in estimated revenues from the
18 Co=oriwealth;
19 BE IT FURTHER ORDAINED that one (1) full-time temporary grant position be
20 established for FY1991-92 as a continuation of the State's annual grant, and be
21 maintained for as long as the grant funds are available.
22 This ordinance shall be in effect from the date of its adoption.
23 Adopted the 13 day of August
1991, by the Council of the City of
24 Virginia Beach, Virginia.
25 First Reading: August 6, 1991
26 Second Reading: August 13, 1991
APPROVED AS TO CONTE
Walter C. r@er, Jr
Office of Budget and Evaluation
victim92.ord/swj
- 40 -
Item 111-J.2.b.
CONSENT AGENDA ITEM # 34767
Upon motion by Counci Iman Baum, seconded by Counci ]woman Parker, City Counci I
ADOFITED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $14,700 from
the Commonwealth Department of Social Services for
program support to the Virginia Beach Court
Appointed Special Advocate (CASA) Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lantelgne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANGE TO ACGEPT AND APPROPRIATE A $14,700
2 GRANT FROM THE COMMONWEALTH FOR PROGRAM SUPPORT FOR
3 THE VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM
4 WHEREAS, the Virginia Beach Court Appoinred Special Advocate (CASA) program
5 was established in September of 1988 and was funded by the private donations from
6 the Wareheim Foundation, Virginia Law Foundation, Gwathmey Foundation, as well
7 as by the Victims of Crime Act (VOCA) through the Commonwealth's Department of
8 Social Services;
9 VHEREAS, the CASA program trains volunteer, to conduct independent
10 investigations for the Judiciary in certain child abuse cases, provides objective
11 information to the Judiciary, and provides support services to the abSed
12 children and their families;
13 VHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations
14 District Court support the continuation of this program and staff has pursued
15 various grants to ensure program continuation,
16 WHEREAS, a grant commitment of up to $14,700 has been provided by the
17 Victims of Crime Act (VOCA) through the Cornmonwealth's Department of Social
18 Services for use in compensating program staff in providing non-fund raising
19 service with the local match required by the VOCA grant to be provided through
20 the use of in-kind contributions provided by the City of Virginia Beach.
21 NOV THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
22 BEACH, VIRGINIA, that a grant of up to $14,700 from the Commonwealth be accepted
23 and appropriated for the program support of the Virginia Beach court Appointed
24 Special Advocate Program;
25 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth be
26 increased by $14,700.
27 This ordinance shall be effective from the date of its adoption.
28 Adopted by the Council of the City of Virginia Beach, Virginia on
29 13 day of August 1 1991.
30 First Reading August 6, 1991
31 Second ReadinR August 13, 1991
APPROVED AS JO CONTF.NT
WAI-Trr, K13A;
I
- 41 -
Item 111-J.2.c-
CONSENT AGENDA ITEM # 34768
Upon motlon by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $20,000 from
the Virginia Law Foundation for program support of
the Virginia Beach Court Appointed Special Advocate
(CASA) Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $20,000
2 GRANT FROM THE VIRGINIA LAW FOUNDATION FOR PROGRAM SUPPORT FOR
3 THE VIRCINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM
4 WIIERF-AS, the Virginia Beach Court Appointed Special Advocate (CASA) program
5 was established in September of 1988 and was funded by the private donations from
6 the Wareheim Foundation, Virginia Law Foundation, Cwathmey Foundation, as well
7 as by the Victims of Crime Act (VOCA) through the Commonwealth's Department of
8 Social Services;
9 WHEREAS, the CASA program trains volunteers to conduct independent
10 investigations for the Judiciary in certain child abuse cases, provides objective
11 information to the Judiciary, and provides support services to the abused
12 children and their families;
13 VHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations
14 District Court support the continuation of this program and staff has pursued
15 various grants to ensure program continuation,
16 WHEREAS, a grant commitment of $20,000 has been provided by the Virginia
17 Law Foundation for use in program support.
18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA, that a grant in the amount of $20,000 from the Virginia Law
20 Foundation be accepted and appropriated for the program support of the Virginia
21 Beach Court Appointed Special Advocate program;
22 BE IT FURTHER ORDAINED, that estimated revenue from the Virgirlia Law
23 Foundation be increased by $20,000.
24 This ordinance shall be effective from the date of its adoption,
25 Adopted by the Council of the City of Virginia Beach, Virginia on
26 13 day of August 1 1991.
27 First Reading August 6, 1991
28 Second Readina August 13, 1991
- 42 -
Item 111-J.2.d.
CONSENT AGENDA ITEM # 34769
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $28,250, and
TRANSFER $28,250 as a fifty percent match to the
Virginia Beach Fire DepartfRent, for purchase of
automatic defibrillators.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. -ulyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
AN ORDINANCE TO APPROPRIATE $28,250 AND TO
2 TRANSFER $28,250 FOR PURCHASE OF
3 EMERGENCY MEDICAL EQUIPMENT
4
5
6 WHEREAS, the City of Virginia Beach Fire Department has applied for and
7 received a grant in the amount of $28,250 from the Co=onwealth of Virginia,
8 Division of Emergency medical Services for purchase of automatic defibrillator, t,
9 be used in life saving treatment by fire personnel arriving at an emergency
10 situation prior to Emergency Medical personnel,
11
12 WHEREAS, the required fifty percent match for this grant can be provided
13 using available funding within the Virginia Beach allocation of Fire Programs Fund
14 monies for FY 91-92.
15
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA, that a grant irl the amo,nt f $28,250 from the commonwealth of Virginia
18 be accepted and appropriated to the Fire Department for purchase of automati@
19 defibrillators, and that Revenue from the Comm,nwealth for FY 91-92 be increased
20 by $28,250.
21
22 BE IT FURTHER ORDAINED that funds in the amount of $28,250 be transferred
23 from the Fire Programs Fund to provide the necessary fifty percent match for the
24 grant.
25
26 This ordinance shall be effective from the date of its adoption.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the 13
29 day of U ust 1991.
30
31 First Reading August 6, 1991
32 Second Reading August 13, 1991
33
34
- 43 -
Item III-J.2.e.
CONSENT AGENDA
ITEM # 34770
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $130,559 from
Virginia Fire Programs Fund to support training,
training faclllt¥ improvements and firefighter
equipment acquisition.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
August 13, 1991
I AN ORDINANCE TO APPROPRIATE $130,559 TO
2 THE FTRE PROGRAMS FUND
3
4
5
6 WHER.EAS, the City of Virginia Beach Fire Department receives funds fr,m the
7 Commonwealth of Virginia Fire Programs Fund to support training, training facility
8 impro@ements, and fire fighter equipment acquisition,
9
10 WHEREAS, such funds are deposited to the City of Virginia Beach Fire Programs
11 Fund until such time as resources are needed for an approved expenditure,
12
13 WHEREAS, interest on such fund, are 1,, to be directed to purposes approved
14 for Fire Programs Funds,
15
16 WHEREAS, estimated revenue for FY 91-92 totalled $292,261 while actu,l
17 revenue from the Co=onwealth and from interest totalled $422,820,
18
19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA, that funds in the mount f $130,559 be appropriated to the Fire Programs
21 Fund and that Revenue from the Co=onwealth for FY 91-92 be increased by $124,930
22 and that Interest on Bank Deposits be increased by $5,629.
23
24 This ordinance shall be effective from the date of its adoption.
25
26 Adopted by the Council of the City of Virginia Beach, Virginia on the 13
27 day of August 1991.
28
29 First Reading August 6, 1991
August 13, 1991
30 Second Reading
31
""Y
As -fo (;C)@j-FE@jr
AP@IROVEL
- 44 -
Item 111-J.2.f.
CONSENT AGENDA ITEM # 34771
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $133,525 from
the Drug Enforcement Agency's Shared Proceeds
Seized Property Program for additional equipment
and office space for the Special Investigative Unit
of Narcotics Investigation.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Absent:
James W. Brazler, Jr. and Louis R. Jones
1 AN ORDINANGE TO APPROPRIATE $133,525 TO THE
2 FY91-92 POLICE DEPARTMENT BUDGET FROM THE DEA SHARED
3 PROCEEDS SEIZED PROPERTY PROGRAM FOR ADDITIONAL
4 EQUIPMENT AND NARCOTICS INVESTIGATIONS OFFICE SPACE
5 WHEREAS, the Federal Department of Justice Drug Enforcement Agency allows
6 localities to share in proceeds from assets which have been seized as a result
7 of narcotics investigation activities, and use these proceeds for law enforcement
8 enhancements;
9 WHEREAS, the City of Virginia Beach Police Department's narcotics
10 enforcement efforts can be strengthened with additional vehicles for DARE, video
11 equipment, forensics examination equipment; and additional office space,
12 furniture and related expenses in support of Special Investigat:ive Unit's
13 narcotics operations, for a total estimated cost of $133,525;
14 WHEREAS, there are sufficient funds available from the DEA Shared Proceeds
15 Seized Property program to address these needs.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA, that $133,525 be appropriated from the DEA Shared Proceeds
18 Seized Property program to the FY91-92 budget of the Police Department for
19 additional vehicles for DARE, video equipment, forensics examination equipment,
20 office space, furniture, and related expenses in order to enhance investigation
21 and enforcement activities of the department.
22 BE IT FURTHER ORDAINED that these appropriations be offset by a
23 corresponding increase in Estimated Revenues from the Federal Covernment.
24 Adopted by the City Council of the City of Virginia Beach, Virginia, on
25 the 13 day of August 1 1991.
26 This ordinance shall be in effect from the date of its adoption.
27 First Reading: August 6, 1991
28 Second Reading: August 13, 1991
APPROVED AS TO CONTENT
Walter C. Krae@r, Jr.
Office of Budget and Evaluation
- 45 -
I tem
CONSENT AGENDA ITEM # 34772
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordiiiance to ACCEPT and APPROPRIATE $37,397 from
the State Department ot Criminal Justice Services
Anti-drug Abuse to the FY 1991-1992 Police
Department budget for increased narcotics
investigation activities and addi@ional equipment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and I-ouis @. Jones
I AN ORDINANCE TO ACCEPT AND APPROPRIATE $37,397 FROM THE STATE
2 DEPARTMENT OF CRIMINAL JUSTICE SERVICES ANTI-DRUG ABUSE
3 GRANT AND TRANSFER $12,466 FROM GENEPAL FUND RESERVES AS
4 A PEQUIRED LOCAL HATCH TO THE FY91-92 POLICE DEPARTMENT BUDGET
5 WHEREAS, the State Department of Criminal Justice Services has provided
6 grant funds to local la@ enforcement agencies ro enhance investigation of
7 trafficking in illegal drugs and the apprehension of persons suspected of
8 violating drug laws;
9 WHEREAS, the Virginia Beach Police Depar@ment has applied for and been
10 notified by the state of the grant award totalling $37,397 with a required local
11 match of $12,466;
12 VHEREAS, these funds shall be used for overtime compensation for increased
13 narco-@ics investigation activities and additional equipment, as approved by the
14 State in the grant application.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA, that funds in the amount of $49,863 be appropriated to the FY9l-
17 92 Operating Budget;
18 BE IT FURTHER ORDAINED THAT total appropriations in the amount of $49,863
19 be offset by a $37,397 increase in estimated revenues from the Commonwealth and
20 a transfer from General Fund Reserves to the FY91-92 Operating Budget in the
21 amount of $12,466 as the required match from the city.
22 This ordinance shall be in effect from the date of its adoption.
23 Adopted the 13 day of Aupust 1991, by the Council of the City of
24 Virginia Beach, Virginia.
25 First reading: August 6, 1991
August 13, 1991
26 Second reading:
APPROVED AS TO CONTENT
Walter C. Kraeme@ Jr.
Office of Budget and Evalua ion
drugrant.ord\swj
- 46 -
Item 111-J.2.h.
CONSENT AGENDA ITEM # 34773
Upon motion by Counci Iman Baum, seconded by Counci ]woman Parker, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $13,239 frorn
the Virginia Subregional Library for the Bllnd to
the FY 1991-1992 Operating Budget of the Library
Department to produce braille, recorded and large-
print emergency information.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William 0. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis 'i. Jones
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A $13,239
2 GRANT FROM THE STATE TO THE FY 1991-92
3 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
4 WHEREAS, the Libraries Services and construction Act (LSCA) , Title I,
5 provides the opportunity for state funding of certain programs by means of
6 special grants;
7 WHEREAS, the Library Department has applied f@r the LSCA Titl@ I
8 Subregional Library for the Blind Grant which provides the means to produce
9 braille, recorded, and large print emergency and local information for the blind
10 and visually handicapped citizens;
11 WHEREAS, the Virginia State Library for the Visually and Physically
12 Handicapped has accepted the application and approved grant funding for the
13 Library Department program in the amount of $13,239.
14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACU,
15 VIRGINIA, that a grant in the amount of $13,239 from Subregional Library for the
16 Blind Grant be accepted and appropriated to the FY 1991-92 Operating Budget of
17 the Library Department,
18 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth be
19 increased by $13,239.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 13 day of August 1991.
22 First Reading August 6, 1991
23 Second Reading August 13, 1991
APPROVED AS TO CONTENT
:7@
WALTEP, @AEMER, JR.
(F'FICE OF BUDGET AND EVALUAT'@',,
- 47 -
Item III-J.2.i.
CONSENT AGENDA ITEM # 34774
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $339,853 to the
Department of Social Services for the Child Day
Care Fee System Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Merqbers Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $339,853 AND TRANSFER $37,761
3 FROM RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF
4 SOCIAL SERVTCES FOR THE FEE DAY CARE PROGRAM
5 WHEREAS, The State Department of Social Services has notified the
6 Virginia Beach Department of Social Services of an additional allocation for the
7 state fiscal year 1992 for the Fee Day Care Program;
8 WHEREAS, this additional allocation of $339,853 requires a local match
9 of $37,761 in order to receive the Fee Day Care funds;
10 WHEREAS, the additional local match of $37,761 may be transferred from
11 the General Fund's Reserve for Contingencies;
12 WHEREAS, the Virginia Beach Department of Social Services has adopted a
13 more stringent eligibility standard of 50% of the state median income level for
14 families in contrast to the state's standard of 70% of the state median income
15 level and still has a current waiting list of 1,057 children;
16 NOW, THEREFORE, BE IT ORDATNED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That the additional allocation in the amount of $377,614 from the state
19 be appropriated to the Department of Social Services Public Assistance Unit for
20 FY 91-92 to increase services available under the Child Day Care Fee System
21 Program;
22 BE IT FURTHER ORDAINED:
23 That the total appropriations of $377,614 be offset by a $339,853
24 increase in estimated revenues from the Commonwealth of Virginia and a transfer
25 of $37,761 from the General Fund's Reserve for Contingencies.
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the
28 13 day of August 1991.
29 First Reading August 6, 1991
30 Second Readinv August 13, 1991
rD -FO
A! PtiOV
0-rFr,-@ OF C.JDC-,E-@-
- 48 -
Item ITT-J.2.i.
CONSENT AGENDA ITEM # 34775
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Cou.cil
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRTATE $28,129 from
the State Department of Mental Health, Mental
Retardation and Substance Abuse Services to the FY
1991-1992 Grants Consolidated Fund for one (1)
full-time position, subject to the continuation of
this Grant, to provide assistance to individuals
with developmental disabilities.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr,
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
I AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $28,129 TO THE DEPARTMENT OF
3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE SERVICES
4 TO PROVIDE ASSISTANCE TO INDIVIDUALS WITH
5 DEVELOPMENTAL DISABILITIES
6 WHEREAS, The State Department of Mental Health, Mental Retardation, and
7 Substance Abuse Services has notified the Virginia Beach Meiltal Health/Mental
8 Retardation/Substance Abuse Services Departmen@ (MH/MR/SAS) of an additional
9 grant allocation for FY 1991-92;
10 WHEREAS, this additional grant of $28,129 will be used in support of a
11 project to mobilize consumer organizations to provide t:raining/techiiical
12 assistance to enable individuals with developmental disabilities to
13 promote/participate in implementation of Section 504 of the federal
14 Rehabilitation Act;
15 WHEREAS, this project has been developed by MH/MR/SA with a group of
16 consumers, "People First," who promote consumer empowerment aiad will enable
17 MH/MR/SA to undertake community education and consumer advocacy;
18 WHEREAS, these funds will be used to impleiiient the activities decribed
19 above and provide an additional 1.0 FTE's in FY 91-92;
20 WHEREAS, the match required by the grant allocation will be met by in-
21 kind services through the existing Mli'.iR/SA budget and no additional city funds
22 are required.
23 NOW, THEREFORE, BE IT ORDATNED BY TIIE CITY COUNCII, OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That a grant allocation in the amount of $28,129 from the State
26 Department of Mental Health, Mental Retardation, and Substance Abuse Services be
27 accepted and appropriated to the Grants Consolidated Fund for FY 1991-92 and
28 that one full time additional position be authorized only for the duration of
29 the grant to provide assistance to individuals with developmental disabilities;
30 BE IT FURTHER ORDAINED:
31 That estimated revenue from the Commonwealth be increased by $28,129.
32 This ordinance shall be in effect froip the date of its adoption.
33 Adopted by the Council of the City of Virginia Beach, Virginia on the
34 13 day of August 1991.
,,.PI'R(JVED AS TO CONTWT
35 First Reading .t 6, 1991
3 6 Second Reading Augus; 'I 319 J r
..T A@4D EVA..UL
I @ --: :., 7 -@ e @;- ,
I @; l' I -
- I.I
- 49 -
Item III-J.2.k.
CONSENT AGENDA ITEM # 34776
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $600 from the
State Department of Mental Health, Mental
Retardation and Substance Abuse Services to the
Virginia Beach MH, MR and SA Special Revenue Fund
for FY 1990-1991, to provide additional
professional staff hours devoted to planning the
program and training the staff.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $600 TO THE DEPARTMENT OF
3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE SERVICES
4 FROM THE STATE DEPARTMENT OF MENTAL HEALTH/MENTAL
5 RETARDATION/SUBSTANCE ABUSE SERVICES
6 WHEREAS, The Department of Mental liealth/Mental Retar(lation/Substance
7 Abuse Services (MH/MR/SA) received a $10,000 planning grant iii FY 1990-91 under
8 PL99-457 from the State Departinent of Mental Health, Mental Retardation, and
9 Substance Abuse Services to develop services for children through age two with
10 special developmental needs;
11 WHEREAS, MH/MR/SA Infant Stimulat-ion Program collaborates wich the
12 Southeastern Virginia Training Center's Early Childhood Program for home-based
13 and diagnostic services and with the Virginia Beach Public Scfiools to transition
l@ children .from the Infant Stimulatioii rograin into the Special Education
15 Preschool Program;
16 WHER!, @3, MH/MR/SA has been notified that an additional $600 is available
17 under the FY 1990-91 planning allocation which can be used to purchase
18 additional professional staff hours devoted to planning the program and training
19 of staff and there will be no additional FTE'S;
20 WHEREAS, the planning grant allocation requires no additional city
21 funds.
22 NOW, T'IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That funds in the amount of $600 from the State Department of Mental
25 Health, Mental Retardation, and Substance Abuse Services be accepted and
26 appropriated to the Mental Health/Mental Retardation/Substance Abuse Special
27 Revenue Fund for FY 1990-91;
28 BE IT FURTHER ORDAINED:
29 That estimated revenue from the Co=onwealth be increased by $600.
30 This ordinance shall be in effect from the date of its adoption.
31 Adopted by the Council of the City of Virginia Beach, Virginia on the
32 13 day of August 1 1991.
33 First Reading: August 6, 1991
Second Readiiig: August 13, 1991 COIcMiT
- 50 -
Item III-J.2.1.
CONSENT AGENDA ITEM # 34777
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $1,004 to fund
the balance of the Virginia Beach Library's Special
Gift Fund for the purchase of a diagnostic software
package.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
I AN ORDINANCE TO APPROPRIATE $1,004
2 TO THE LIBRARY DEPARTMENT'S SPECIAL GIFT FUND
3 FOR THE PURCHASE OF A DIAGNOSTIC SOFTWARE PACKAGE
4 VHEREAS, in April 1991, the City Council of Virginia Beach approved an
5 ordinance to appropriate $1,200 from the Library Department's special gift fund
6 for the purchase of a diagnostic software package to monitor system capacity on
7 the Library Department's main computer;
8 WHEREAS, since the adoption of the ordinance in April 1991, the price of
9 the diagnostic software package has increased from $1,200 to $2,204;
10
11 VHEREAS, the additional $1,004 required to purchase the software package
12 will be funded with private donations accrued in the fund balance of the Library
13 Department's Special Gift Fund.
14 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15 VIRGINIA, that funds in the amount of $1,004 be appropriated from the fund
16 balance of the Library Department's Special Gift Fund for the purchase of a
17 diagnostic software package.
18 This ordinance shall be effective from the date of its adoption.
19 Adopted by the Council of the City of Virginia Beach, Virginia on the
20 13 of August 1991.
21 First Reading August 6, 1991
22 Second Reading August 13, 1991
I@IP-OROVO AS TO 00
V.IALTLzr,.
OF B,'@DC-)ET ANID FVAL,tjAl V@-) f,)
- 51 -
Item 111-J.3.
CONSENT AGENDA ITEM # 34778
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
ADOPTED:
Ordinance to AMEND the Seventeenth Year 1991-1992
Community Development Block Grant Final Statement
re expansion of areas where code enforcement
activities wi I I be funded; and, TRANSFER $30,052
within the Departinent of Housing budget for such
purpose.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
AN ORDINANCE TO AMEND THE 17TH YEAR 1991-1992
COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT
TO EXPAND THE AREAS WHERE CODE ENFORCEMENT
ACTIVITIES WILL BE FUNDED. AND TO 1RANSFER $30,052
FOR SUCH PURPOSE
1 WHEREAS . the Ci ty recei ves Federal Conimuni ty Dev el opment Bl ock
2 Grant funds to be used to benefit low and moderate income persons.
3 and
4 WHEREAS, the City has prepared its Final Statement of
5 Objectives for the 1991-1992 year which includes Code Enforcenient
6 in designated areas; and
7 WHEREAS . funds for this purpose are av ai 1 able due to per sonn el
8 changes in the Department of Housing; and.
9 WHEREAS, there is a need to expand the designated areas.
1 0 NOW, THEREFORE BE IT ORDAINED that the 1991-1992 Community
11 Devel opment Block Grant Final Statement be amended to add census
12 tracts to be designated by the City Manager to the Code Enforcement
13 areas, and
14 BE IT FURTHER ORDAINED that the City Manager is authorized to
15 transfer $30.052 within ttie Department of Housing budget in order
16 to carry out the purposes of this ordinance.
17 Adopted by the Council of the City of Virginia Beach this 13 day
18 of August, 1991.
19 Approved as to Content Approved as to Form
20 12
21 Ma Director City Attorney
22 Dept. of Housing and
23 Neighbortiood Preservation
24 cdbg&co.amd(af)
- 52 -
Item 111-J.4.
CONSENT AGENDA ITEM # 34779
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $16,350 from
the Commonwealth Department of Housing and
Community Development re Emergency Home Repair
Program; and, authorize the City Manager to execute
a grant agreement.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor t4eyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
ORDINANCE To ACCEPT AND APPROPRIATE $16,350 FROM THE
VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR THE EMERGENCY HOME REPAIR PROGRAM
I W[IEREAS. the Conlnlonweal th of Virginia has established the
2 Virginia Housing Partnership Fund to encourage the improvenient of
3 housing opportunities for low-income Virginians: and
4 WHEREAS. the Vi rgi ni a Department of Housi ng and Conimunity
5 Devel opment has authorized grants under this program to localities
6 to provide emergency home repairs to eligible citizens; and
7 WHEREAS. the Virginia Departriient of liousing and Communi ty
8 Development has informed the City that $16.350 has been awarded to
9 the City for such emergency repairs:
10 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH that a grant of $ 1 6 . 3 5 0 f rom the V i r g i n i a
12 Department of Housing and Community Development for eniergency home
13 r e p a i r si s accepted and appropri ated to the Ci ty Department of
14 Housing and Neighborhood Preservation; and
1 5 BE IT FURTHER ORDAINED THAT the City Manager is authorized to
16 execute a grant agreement with the Virginia Department of Housing
17 and Community Developnient accepting such funds.
18 BE IT FURTHER ORDAINED THAT the Ci ty of Vi rgi ni a Beach wi 1 1
19 compl y wi th al I requ i rements of thi s program as set f orth by the
20 Virginia Department of Housing and Community Development.
21 Adopted by the C o u n c i 1 of the City of V i r g i n i a Beach on the
22 day of 1991
23 Approved as to Content: Approved as to Legal Forrn
24
25 R-a City Attorney
26 De g and
27 Ne eservation
28 Fi rst Reading: August 13, 1991
29 Second Readi ng
30 ehrg9l.ord(af)
EMERGENCY HOME REPAIR PROGRAM
GRANT AGREEMENT
92-ER-22
This Grant Agreement is made by and between the Virginia
Department of Housing and community Development (DHCD) on behalf
of the Commonwealth of Virginia and City of Virginia Beach
the Certified Local Administrator (CLA) approved to act as the
local administrator for the Emergency Home Repair Grant Program
(EHRP) and also referred to as the Grantee within this Agreement.
The Grant, which is the subject of this Agreement, is authorized
by the Governor of the Commonwealth under the Virginia Emergency
Home Repair Grant Program and is funded through an allocation from
the Commonwealth of Virginia for fiscal year 1991-92. The Program
is subject to the terms, guidelines and requirements set forth in
the Emergency Home Repair Program Application Manual, 1991, and the
laws of the Commonwealth, as now in effect and as may be amended
from time to time, which are incorporated by reference as part of
this Agreement.
Also incorporated as part of this Agreement is the application
including certifications, resolutions and agreements contained
therein.
The Department of Housing and Community Development agrees to
provide $8,500 Grant Funds and $7,850 Energy Funds to the Grantee
for program operation per the Emergency Home Repair Program
application, Grant Agreement, and associated documents.
Disbursement of funds shall be made to grant recipients, per
the schedule as described in the special conditions section of this
Agreement, after receipt and acceptance by DHCD, of the signed
Grant Agreement and Funds Disbursement Request forms.
The Grantee agrees that Emergency Home Repair grant funds will
be matched dollar for dollar through other program and in-kind
sources.
The Grantee further agrees to monitor, oversee and report on
the use of funds under this Agreement.
p
1. Project Description/Performance Schedule (Approved
Activities):
Funds totalling $16,350 shall be used to pay material and
labor costs needed to make emergency repairs, as defined in
Section V of the Emergency Home Repair Program Application
Manual, and is limited to housing units occupied by lower-
income families or individuals meeting requirenents set forth
in Section VII of the Emerqency Home Repair Program
Application Manual.
The Grantee service area is: Virginia Beach
Reporting Requirements: Grant recipient shall submit quarterly
reports per the following schedule or until all funds liave
been exhausted:
September 30, 1991
December 31, 1991
March 31, 1992
June 30, 1992
Reports are Fh. infh of the month imme ing
Failure o submit reepoorrttss .. aass
result in denial of future fundin re ests-
Special Conditions:
A. Disbursement Ex enditures
(a) Funds Disbursement:
1. Local Administrators may initially request 50%
of their Grant award for the EHRP (projects are to
begin within 30 days of tbe fund request).
2. Energy funds are to be requested in full on the
designated Fund Disbursemejit Request Form at the
same time the initial request is made for the Grant
funds.
A Match is not required for the Energy funds. Use
of the Energy funds is limited to the following:
a. Roof (shingles and felt) repair and/or
replacement. Replacement is allowed when cost
of repair is equal or greater than the
replacement cost.
b. Heating system parts and/or components
repair and/or replacement. Replacement is
allowed when cost of repair is equal or greater
than the replacement cost.
3. The remaining 50% of the grant award may be
requested after expenditure of 90% of the original
disbursement exclusive of energy funds.
(b)
Emergency Home repair funds are to be utilized per
the following schedule:
20% expended by October 31, 1991
40% expended by December 31, 1991
60% expended by February 28, 1992
80% expended by April 30, 1992
100% expended by June 20, 1992
Faill'-- +-- f,,Ifill t--he fund e
schedule may result in a
HRP funds for reallocation.
*NOTE: Those Local Administrators who were previous cjrant-,-
have expended 100% of their previous award(s) and liive submil@
their final report(s) before any 1992 fund requerii-s will be
processed.
B. ACCOUNTIING RECORDS - The Grantee shall establish and
maintain separate accounts within its existing accounting
system or set up accounts independently. The Grantee shall
record in its accounting system all Grant payments received
by it pursuant to the Grant and all other match funds provided
for, accruing to, or otherwise received on account of the
Grant.
All costs, including paid services contributed by the Gra,tee
or others, charged to the Grant shall be supported by i,r perly
executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contract,
vouchers, orders, or other accounting documents pertainin@4 in
whole or in part to the Grant shall be clearly identified,
readily accessible, and separate and distinct from all other
such documents. Sucli documents shall reside at the offi(-!es
of the grantee.
C. MA NTENP S - The Grantee shall maintain sucl,
records in such a manner as will be prescribed. Records shal'
be readily accessible to the Department, HUD, appropriat,@
state agencies, and the general public during the course 03
the project and shall remain intact and accessible for three,
years thereafter. The exception is if any litigation claim
or audit is started before the expiration of the three year
period the records shall be retained until such action is
resolved.
D. COS T AGRE ON - No
cos ncurred pr or to the execution of the AGREEMENT shall
be eligible for reinbursement with Grant funds, unless
incurred costs are authorized in writing by the Department.
E. STATE NOT LIABLE - The Grantee shall hold the Commonwealth
of Virginia, the Department, its agents and employees harmless
from any and all claims and demands based upon or arising out
of any actions by the Grantee, its employees, agents or
contractors.
F. ONDITIONS - If through any cause,
the Grantee fails to comply with the terms, conditions or
requirements of the CONTRACT DOCUMENTS, the Department may
terminate or suspend this AGREEMENT by giving WRITTEN NOTICE
of the same and specifying the effective date of termination
of suspension at least five (5) days prior to such action.
In the case of contract violations by the Grantee, the
Department may request that all or some of the grant funds
be returned even if the grantee has expended the funds. The
request will be made in writing. The grantee agrees to
return such funds as requested by the Department wit-,hin l@
days of receipt of the written request.
r,. s The G remain f 11
ii ated under the provisions of the Grant Agreement
notwithstanding its designation of any subsequent or third
parties for the undertaking of all or part of the activities
for which the grant assistance is being provided to the
Grantee.
Any Grantee or Contractor or Subcontractor which is not the
APPLICANT shall comply with all the lawful requirements of the
APPLICANT necessary to insure that the PROJECT for which this
assistance is being provided under this AGREEMENT is carried
out in accordance with the APPLICANT'S Assurances and
certifications.
IV. Additional Assurances
A. Grantee will establish safecjuards to prohibit employees
from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for
themselves or others, particularly tilose with whom they have
family, business, or other ties.
B. Grantee will give the Virginia Department of liousing and
Community Development, HUD, and the State Comptroller through
any authorized representatives access to and the right to
examine all records, books, papers, or documents related to
the grant.
The Grant Agreement is hereby executed by the Parties on the
date set forth below their respective signatures as follows:
VIRGINIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT CITY OF VIRGINIA BEACH
By: Signature Signature
Robert J. Adams
Name Name
Title Title
Date Date
- 53 -
Item 111-J.5.
CONSENT AGENDA ITEM # 34780
Upon motion by Counci Iman Baum, seconded by Counci lwoman Parker, City Counci I
APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $11,053 from
the Commonwealth SHARE Program re Homeless
Intervention Program; and, authorize the City
Manager to execute a grant agreement with the
Commonwealth.
Voting; 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
ORDINANCE TO ACCEPT AND APPROPRIATE $11.053 IN
SHARE - HOMELESS INTERVENTION FUNDS AND LOAN REPAYMENTS AND TO
AUTHORIZE T@IE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
1 WHEREAS. the City has received funding for the third year for
2 the operation of a liomeless Intervention Program using State SHARE
3 funds. and
4 WHEREAS. funds in addition to the original appropriation have
5 been received. and
6 WHEREAS. loan repayments from clients of the program have and
7 will be received and are required to be used for the continuation
8 of the program.
9 NOW. THEREFORE BE IT ORDAINED that the Council of tlie City of
10 Virginia Beach. Virginia hereby accepts and appropriates $8.053 in
11 additional State SHARE f un(is .and increases revenue from the
1 2 Commonweal th i n that amount . and appropri ates $3 . 000 i n actual and
13 estimated loan repayments, f o rthe put,poses of carryi ng out a
14 homeless intervention program. and
15 BE IT FURT@IER ORDAINED that the Ci ty Manager i s authori zed to
16 execute a grant agreement with the State for such purpose.
17 Adopted by Council this day of 1991.
18
19
20 APPROVED AS TO CONTENTS:
21 r
22
23
24
25
26 APPROVED AS TO FORM:
27 City Attorney
28
29
FTRST READING: August 13, 1991
AMENDMENT TO THE GRANT AGREEMENT
1989 SKARE - HOMELESS IETERVENTION PROGRAM GRANT
Grant #92-HP-08
This Amendment provides a change to the Grant Agreement dated
September 8, 1989 and Grant Amendment dated September 25, 1990 by
and between the Virginia Department of Housing and community
Development on behalf of the Commonwealth of Virginia and the
Grantee, City of Virginia Beach.
Upon telephonic notice (confirmed in writing) by the
Department of Housing and Community Development of receipt of Aid
to Dependent children-Emergency Assistant (ADC-EA) funds, grantee
will cease to operate the Homeless Intervention Program (HIP) in
its present form and will relinquish its unspent FY 92 award. ITO
new HIP applications will be taken and no further eligibil Lt,,
determinations will be made, except in emergency situations.
Grantee will be given the opportunity to participate in the ADC-EA
Comprehensive Homeless Intervention Program.
The Amendment makes the following changes:
1. The Ainendment extends the funding period to June 30,
199 2 .
2. The Department agrees, upon execution of the GRANT
AMENDMENT, to provide the GRANTEE the amount of $137,349
to undertake the project activities approved and set
forth within the original GRANT AGREEMENT and here
within.
3. Section I. Project Description Funds Disbursement is
hereby amended to read:
Page 2 - HIP GRANT AMENDMENT
"SHARE - HIP funds will be used for Homeless Interventioll
activities as described in the GRANTEE'S approved 1990
revised budget and according to the following
disbursement schedule:
10% may be requested by August 1, 1991
50% may be requested by October 1, 1991
20% may be requested by January 1, 1992
20% may be requested by April 1, 1992
The total grant must be expended by June 30, 1992."
All other terms and conditions of the original Agreement
and Amendment continue to apply.
VIRGINIA DEPARTMENT OF HOUSING CITY OF VIRGINIA BEACH
AND COMMU ELOPMENT
By siq..tre
Robert J. Adaias_
Name Name
D
Title Title
Date Date
- 54 -
Item 111-J.6.
CONSENT AGENDA ITEM # 34781
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's property known as the
waters of Lake Joyce to Frank W. Cool, III (4409
Blackbeard Road) re constructing and maintaining a
boat dock and ramp (BAYSIDE BOROUGH).
The following conditions shall be 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 any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. Prior to any construction within the existing
public property, the owner or his agent shall
obtain a permit from the Waterfront Operations
Office of the Department of Public Works
Engineering Division.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 PROPERTY KNOWN AS THE
6 WATERS OF LAKE JOYCE TO
7 FRANK W. COOL, III, HIS
8 HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
1,2 That piirsuant to the authority and to the extent thereof
1.3 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Frank W. Cool, III, his heirs, assigns and successors in title is
15 authorized to construct and maintain a temporary encroachment into
16 the property known as the waters of Lake Joyce.
17 That the temporary encroachment herein authorized is for
18 the purpose of constructing and maintaining a boat dock and ramp
19 and that said encroachment shall be constructed and maintained in
20 accordance with the City of Virginia Beach Public Works
21 Department's specifications as to size, aligrunent and location, and
22 further that such temporary encroachment is more particularly
23 described as follows:
24 An area of encroachment into a
25 portion of the City's property known
26 as the waters of Lake Joyce , on the
27 certain plat entitled: "PROPOSED
28 BOAT DOCK AND RAMP IN LAKE JOYCE AT
29 VIRGINIA BEACH FWC - DATE 9/28/90,11
30 a copy of which is on file in the
31 Department of Public Works and to
32 which reference is made for a more
33 particular description.
34 PROVIDED, HOWEVER, that the temporary encroachment herein
35 authorized shall terminate upon notice by the City of Virginia
36 Beach to Frank W. Cool, III, his heirs, assigns and successors in
37 title and that within thirty (30) days after such notice is given,
38 said encroachment shall be removed from the City's property known
39 as the waters of Lake Joyce and that Frank W. Cool, III , his
40 heirs, assigns and successors in title shall bear all costs and
41 expenses of such removal.
42 AND, PROVIDED FURTHER, that it is expressly understood
43 and agreed that Frank W. Cool, III, his heirs, assigns and
44 successors in title shall indemnify and hold harmless the City of
45 Virginia Beach, its agents aiid employees from and against all
46 claims, damages, losses and expenses including reasonable
47 attorney's fees in case it shall be necessary to file or defend an
48 action arising out of the location or existence of such
49 encroachment.
50 AND, PROVIDED FURTHER, that the party of the second part
51 agrees to maintain said encroachment so as not to become unsightly
52 or a ha2ard.
53 AND, PROVIDED FURTHER, that this ordinance shall not be
54 in effect until such time that Frank W. Cool, III executes an
55 agreement with the City of Virginia Beacli encompassing the
56 aforementioned provisions.
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the 13 day of August 19 91
TIIIS AGREEMENT, made this day of
by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
inunicipal corporation, party of the first part, and FRANK W.
COOL, III, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of
the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a boat dock and ramp in the
City of Virginia Beach; and
WHEREAS, in constructing and maintaining such boat dock
and ramp, it is necessary that the said party of the second part
encroach into a portion of an existing City property known as the
waters of Lake Joyce; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such boat dock and ramp within a
portion of the City's property known as the waters of Lake Joyce.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
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, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's property known as the
waters of Lake Joyce for the purpose of constructing and
maintaining such boat dock and ramp.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's property known as the waters of
Lake Joyce as shown on that certain plat
entitled: "PROPOSED BOAT DOCK AND RAMP IN
LAKE JOYCE AT VIRGINIA BEACH FWC - DATE
9/28/90,11 acopy of which is attached hereto
as Exhibit "All and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beacli to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's property known as the waters of Lake Joyce by the party
of the second part; and that the party of the second part sball
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Waterfront operations Office of the Department of Public Works
Engineering Division prior to commencing any construction within
the City's property.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
3
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
city shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Frank W. Cool, III, the said party
of the second part has caused this Agreement to be executed by
his signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its Deputy City Manager and its seal
be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
L-J
E'RANK W. COOL, III
EPAP,TM.Etir
APPRC)V A, TC,
C
r@ _I@,@Cy
LEGAL SLI F,
STATE OF VIRGINIA
4
CITY OF VIRGINIA BEACH, to-wit:
T, a Notary
Public in and for the city and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the - day of 19_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Pu
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the - day of -1 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for t d, do hereby certify that
FRANK W. COOL, III, whose name is signed to the foregoing
writing, bearing date the I/
2 -@ day of
19q@, has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
19q6
My Commission Expires:
6
EXHIBIT "A" NOT A SUBDIVISION
I N
5 7 - 5
2 - S - BF F
4 4 Oq
2
1 2 @O 2
7_
CP
0
BLACK BEARD ROAD (50')
30
l@A)V) j)
13r-Actl
A Pi)LiCftl-l@ fl,'IVI@k LJ
12.183,000 12,189,000 1 2,195,000
C'V-PS,4 t3AY
VEN
ET
M.Pp, P@i@t
LOCATION MAP
5 5
Item III-J.7.
CONSENT AGENDA ITEM # 34782
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's right-of-way known as
Brockman Avenue to Clarence N. and Brenda F.
Swanner, Sr. (3511 North Crestline Drive) re
constructing and maintaining a bulkhead (KEMPSVILLE
BOROUGH).
The following conditions shall be 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 any liability as a result of the
encroachmeiit.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Hi,ghway Inspections
Bureau.
5. Prior to issuance of a Highway permit, the owner or
his agent rnust post a Performance Bond and show
proof of public liability (minimum $300,000).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Louis R. Jones
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF BROCKMAN
5 AVENUE TO CLARENCE N.
6 SWANNER, SR. and BRENDA
7 F. SWANNER, THEIR HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Clarence N. Swanner, Sr. and Brenda F. Swanner, their heirs,
15 assigns and successors in title are authorized to construct and
16 maintain a temporary encroachment into the right-of-way of Brockman
17 Avenue.
18 That the temporary encroaclunent herein authorized is for
19 the purpose of constructing and maintaining a pier and portion of
20 existing bulkhead and that said encroachment shall be constructed
21 and maintained in accordance witb the City of Virginia Beach Public
22 Works Department's specifications as to size, alignment and
23 location, and further that such temporary encroachment is more
24 particularly described as follows:
25 An area of encroaclunent into a
26 portion of the City's right-of-way
27 known as Brockman Avenue, on the
28 certain plat entitled: " PROPOSED
29 PIER IN: KINGS CREEK AT 3511 N.
30 CRESTLINE DR. CITY OF: VIRGINIA
31 BEACH STATE: VIRGINIA APPLICATION BY
32 CLARENCE N. SWANNER SHEET 1 OF 2
33 DATE 4-12-91," a copy of which is on
34 file in the Department of Public
35 Works and to which reference is made
36 for a more particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment herein
38 authorized shall terminate upon notice by the City of Virginia
39 Beach to Clarence N. Swanner, Sr. and Brenda F. Swanner their
40 heirs, assigns and successors in title and that within thirty (30)
41 days after such notice is given, said encroachment shall be removed
42 from the City's right-of-way of Brockman Avenue and that Clarence
43 N. Swanner, Sr. and Brenda F. Swanner, their heirs, assigns and
44 successors in title shall bear all costs and expenses of such
45 removal.
46 AND, PROVIDED FURTHER, that it is expressly understood
47 and agreed that Clarence N. Swanner, Sr. and Brenda F. Swanner,
48 their heirs, assigns and successors in title shall indemnify and
49 hold harmless the City of Virginia Beach, its agents and employees
50 from and against all claims, damages, losses and expenses including
51 reasonable attorney's fees in case it shall be necessary to file or
52 defend an action arising out of the location or existence of such
53 encroachment.
54 AND, PROVIDED FURTHER, that the party of the second part
55 agrees to maintain said encroachment so as not to become unsightly
56 or a hazard.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Clarence N. Swanner, Sr. and Brenda
59 F. Swanner execute an agreement with the City of Virginia Beach
60 encompassing the aforementioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 13 day of August 19 91
2
THIS AGREEMENT, made this -day of
19@ll , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
inunicipal corporation, party of the first part, grantor, and
CLARENCE N. SWANNER, SR. and BRENDA F. SWANNER, married, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part,
grantee.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a a proposed pier and a
portion of an existing bulkhead in the City of Virginia Beach;
and
WHEREAS, in constructing and maintaining such pier and
existing bulkhead, it is necessary that the said party of the
second part encroach into a portion of an existing City right-
of-way known as Brockman Avenue; and said party of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such pier and existing
bulkhead within a portion of the City's right-of-way known as
Brockman Avenue.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
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, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known
as Brockman Avenue for the purpose of constructing and
maintaining such pier and existing bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Brockman
Avenue as shown on that certain plat
entitled: "PROPOSED PIER IN: KINGS CREEK AT
3511 N. CRESTLINE DR. CITY OF: VIRGINIA BEACH
STATE: VIRGINIA APPLICATION BY CLARENCE N.
SWANNER SHEET 1 OF 2 DATE 4-12-91," a copy
of which is attached hereto as Exhibit "A"
and to which reference is made for a more
particul.ar description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Brockman Avenue by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
2
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
#It is further expressly understood and agreed
that the party of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
3
permissiori so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100-00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said party of the second part
has caused this Agreement to be executed by their signatures and
their seals duly affixed. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and it seal to be liereunto
affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
B (SEAL)
(SEAL) City M.@.g.,
ATTEST:
(SEAL)
City Clerk By@'@,
CLARENCE N.'SWANNER
BY (SEAL)
BRENDA F. SWANNER
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
-1 a Notary
Ptiblic in and for the city and State aforesaid, do hereby certify
that CLARENCE N. SWANNER, SR. and BRENDA F. SWANNER whose names
are signed to the foregoing Agreement bearing date on the le 11-
day of 1 9 have acknowledged the same before
me in my City and State aforesaid.
GIVEN under my hand this -//@@-day of
19,//
My Commission Expires: Notary Public
,,APPROVED AS 10 COi4it-@ii
5
DE Pi,P, [IAEil r
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
AUBREY V. WATTS, JR., City Manager, whose name is signed to the
foregoing writing, bearing date the day of
1 19 _ , has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
19-.
Otdry Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the - day of 1 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Pu
My Commission Expires:
6
Ed..
13 I I Ii, I R 0 f(; I I
ROJECT SITE
LOCATION MAP
NOT A SUBDIVISION EXHIBIT "A"
KIIVGS
CREE-K
PROPOSEE
SEE SHEET
FOR SEC.A-
EXISTING EULKH
12
EXISTING
GA
ISTING
DECK
0
1 0
LINE PER CITY MAPS
41.5'
RUB BED EXISTING FENCE
NORTH C
RE,S-r
SCALE: I 30'
PURPOSE:ACCESS TO DEEPWATER BEST PROPOSED Pl@R
DATUM: M LW IN: KINGS CREEK
ADJACENT PROPERTY OWNERS: MANAGEMENT AT:3511 N. CRESTLINE DR.
CITY OF: VIRGINIA BEAC@I
1. - 13. JO@@ES PRACT I C E S, I N C. STATE: VIRGINIA
2.-C. F'01)1'11'1@ 3105 Celbridge Coutt APPLICATION E3Y:
Virgini(i Beach, Va, 23452 CLARENCE N. SWANTJER
Di AKI VIEW SHEETI OF2 DATE:4-12--gi
- 56 -
Item Ill-K.l.
APPOINTMENTS ITEM # 34783
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
COMMUNITY CORRECTIONS RESOURCE BOARD
Reeves Johnson (Mayor)
R. Bradshaw Pulley (Mayor)
AND APPOINTED:
W. Brantley Basnight (City Council)
S. Tyrone Hicks (City Council)
Two Year Terms: 9/1/91 - 8/31/93
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. '4cCianan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
57
Item Ill-K.2.
APPOINTMENTS ITEM # 34784
Upon NOMINATION by Vice Mayor Fentress, City Council. APPOINTED:
THE DEVELOPMENT AUTHORITY
F. Dudley Fulton
David A. King
Four Year Terms: 9/1/91 - 8/31/95
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. l,anteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 58 -
Item Ill-K.3.
APPOINTMENTS ITEM # 34785
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
HISTORICAL REVIEW BOARD
Elizabeth (Betty) F. McClane
Unexpired term thru 12/31/92.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 59 -
Item Ill-K.3.
APPOINTMENTS ITEM # 34785
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
PARKS AND RECREATION COMMISSION
- 60 -
Item Ill-K.5.
APPOINTMENTS ITEM # 34787
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
PUBLIC LIRARY BOARD
John J. Carvil Jr.
Susan M. Clark
R. Patrick Deans
Lettie Dozier
Samuel H. Knoll
AND APPOINTED:
Linda Deviney
Three Year Terrns: 9/1/91 - 8/31/94
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paui J. Lanteigne, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 61 -
Item Ill-K.7.
APPOINTMENTS ITEM # 34788
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
TIDWATER REGIONAL GROUP HOME COMMISSION
Betty M. (B.J.) Basnight
Unexpired terin thru 6/30/94
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 62 -
Item Ill-K.8.
APPOINTMENTS ITEM # 34789
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
WETLANDS BOARD
Paul J. Anninos
Five Year Term: 10/1/91 - 9/30/96
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
- 63 -
Item Ill-L.I.
UNFINISHED BUSINESS ITEM # 34790
Counci lwoman Parker referenced RECONSIDERATION of a Condition in the October
14, 1985, approved appl ication of STEVEN H. DAVIDSON for a Conditional Use
Permit (single fami ly dwel I ing) in the AG-1 Agricultural District at 686
Princess Anne Road (PUNGO BOROUGH). This RECONSIDERATION is SCHEDULED for the
City Council Session ot August 27, 1991. Councilman Lanteigne advised a Meeting
was held with residents of Aurora Road relative the actual alignment of
Princess Anne Road. However, there are still concerns.
- 64 -
Item Ill-L.2.
UNFINISHED BUSINESS ITEM # 34791
Mayor Oberndorf referenced correspondence enclosing REGISTRATION and LODGING
RESERVATION data for the 1991 VIRGINIA MUNICIPAL LEAGUE CONFERENCE in Roanoke,
October 6 - 8, 1991.
If Council Members plan to attend to please advise the City Clerk as soon as
possible, as it is time to register and make hotel reservations.
- 65 -
Item Ill-L.3.
UNFINISHED BUSINESS ITEM # 34792
Councilwoman Parker referenced the beautiful Sea Stars Exhibit at the Virginia
Marine Science Museum. This Exhibit wi I I be leaving the City on LABOR DAY.
Counci lwoman Parker viewed the Exhibit with her chi I dren and urged attendance
as it is magnificent.
- 66 -
Item Ill-L.4.
UNFINISHED BUSINESS ITEM # 34793
Counci I man Baum referenced EXECUTIVE SESSIONS and LEGAL MATTERS involving
court actions. Councilman Baum advised that when the City Council chooses NOT
TO APPEAL a matter this has not been made public. Councilman Baum suggested
when the City Council decides NOT TO APPEAL an action, the City Attorney should
issue a PRESS RELEASE and thus make this information public as soon as
possible.
Councilman Brazier requested a policy defining when and where there should be
discussion involving APPEALS.
As a matter of course, the City Attorney's Office appeals matters that are
contrary to City Council Policy and contrary to City Ordinance. The City
Attorney w! 11 develop a procedure and advice concerning a policy related to
APPEALS.
There wil I be discussion during the Formal Session of @-ity Counci I on August
27, 1991, relative the downzoning litigation involving YLIA and Teachey/TCM-
- 67 -
Item Ill-L.5.
UNFINISHED BUSINESS ITEM # 34794
Mayor Oberndorf referenced her letter of August 8, 1991, relative
Reapportionment. The City Council received a report from Don Clark, Chairman of
the Mayor's Committee on Reapportionment regarding the revision of the voting
structure for local elections. Previously in 1985, City Council received a
report from Richard Guy, Chairman - Commission on Local Government, addressing
this same subject. This is an issue of equal representation and equity, which
is very Important to the City and which requires much study and deliberation.
Now that the state and federal governments have reapportioned, based upon the
1990 census, the issue is extremely important for City Council to begin its
dialogue.
Mayor Oberndorf requested the issue of Reapportionment be SCHEDULED tor the
City Council Session of September 3, 1991.
- 68 -
Item 111-M.l.
NEW BUSINESS ITEM # 34795
Mayor Oberndorf referenced attendance at a dinner for the Arts and
Entertainment Channel during last year's National League of Cities Conference.
Cities across the United States competed with five-minute videos to have the
opportunity to be selected as finalists. On New Year's Eve, these Cities were
given National Exposure on the Arts and Entertainment Network.
Mayor Oberndorf acknowledged the City Manager, Linda Roe, Municipal Cable Co-
ordinator, as well as all those individuals associated with Municipal Cable
Channel 29, and Irvine Hill - Director of Communications U-ox Cable. Cox Cable
provided financial assistance in the amount of $1000, as well as old tilm clips
of the resort area prior to restoration.
Mayor Oberndorf advised The City of Virginia Beach's film entitled "The Vision
Was Clear" has been selected as a FINALIST in the fifth Annual A & E City
Videos Competition.
- 69 -
Item 111-N.1
ADJOURNMENT ITEM # 34796
Upon rnotion by Counci lman Baum and BY CONSENSUS, City Counci I ADJOURNED the
Meeting at 5:45 P.M.
Beverly @HoTks, (--.MC
Chiet Deputy City Clerk
RutW Hodgef Smi 1, E. Ob.@n or
M"y
City Clerk
City of Virginia Beach
Virginia
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E L 0
DATE: August 13, 1991 F I A M B
PAGE: One B C E S N C E s
R L N C T C R P E
A Y T H J E L N A S
B Z B R 0 0 1 A D R S
A I U E B N G N 0 K 0
AGENDA U E R S E E N A R E M
ITEM SUBJECT MOTION TO IPASSED M R N S R S E N IF R Is
I/A BRIEFING: FLOOD INSURANCE ACT Robert Matthias,
PROPOSED CHANGES Dir, Intergvnmtl Rel.
Carl Thoren, I
Asst Cty Engneer
Phillip Roehrs,
Coastal Civil Engneer
I
I/B BRIEFING: SOUTHERN WATERSHEDS Louis E. Cullipher,
Dir, Natural Resources/
Rural Services
11/111 INFORMAL/FORMAL SESSIONS
E CERTIFICATION OF EXEC SESSION CERTIFIED 10-0 Y Y Y Y Y A Y Y Y Y Y
F/I MINUTES: August 6, 1991 APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y
G/I CITY MANAGER'S PRESENTATION: The Hon. -veorge Vakos
CITIZENS' REVIEW COMMITTEE
ADD ON Resolution directing establshmt SCHEDULED FOR 10-0 Y Y Y Y Y A Y Y Y Y Y
of "Citizens' Review Committee" 8/27/91
H/l/a CHRISTIAN CHAPEL ASSEMBLY OF GOD JAPPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
CUP: church at Salem Rd/North CONDITIONED
Landing Rd (PRINCESS ANNE BOROUGH)
H/l/b JOSEPH P. VITALE CUP: single APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
family dwelling in AG-2 District CONDITIONED
at Vaughan Rd/Princess Anne Rd
(PUNGO BOROUGH)
H/l/c BRYAN D. STEVENS CUP: auto repair APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
at First Colonial Rd/Southern CONDITIONED
Blvd (LYNNHAVEN BOROUGH)
H/l/d RALPH W./DONNA M. VANNOSTRAND
at Princess Anne Rd/North Muddy
Creek Rd (PUNGO BOROUGH):
Variance to Sec 4.4(b) of Subdvsn APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y
Ordnc re all lots created by ICONDITIONED
subdvsn meet all requrmts of CZO I
CUP: two single family hornes APPROVED 10-0 Y Y Y Y Y A Y Y Y Y Y
in AG-2 District
H/l/e HELEN LEIMBACH FOOS and HELEN J./ APPROVED, 10-0 Y Y Y Y Y A Y Y Y Y Y
HEIDI S. LEVINSON closure of SUBJECT TO
portions of 15-ft alley, Croatan COMPLLANCE BY
Beach (LYNNHAVEN BOROUGH) 2/25/92
H/2/a RECONSIDERATION OF CONDITIONS DEFERRED TO 10-0 Y Y Y Y Y A Y Y Y Y Y
in 6/9/86 Approved Applicatns of 8/27/91
DONALD S. LEWLS, SR./DONALD S.
LEWIS, JR., t/a AUSLEW GALLERY,
INC. for COZ from R-1 with PD-H2
to R-1 and CUP for art gallery
at Diamond Springs Rd/Northampton
Blvd, Sam Jones Estate
(BAYSIDE BOROUGH)
H/2/b Closure of portion of Jetty St at AUTHORIZED 10-0 Y Y Y Y Y A Y Y Y Y Y
Shore Dr in petition of HARRY FINAL APPROVAL
SANDLER (LYNNHAVEN BOROUGH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
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DATE: August 13, 1991 F I A M B
PAGE: Two B C E S N C E
R L N C T C R P E
A Y T H J E L N A S
B Z B R 0 0 1 A D R S
A I U E B N G N 0 K 0
AGENDA U E R S E E N A R E M
ITEM SUBJECT MOTION TO PASSED M R N S R S E N F R S
H/2/c DAM NLCK PROPERTIES tor Condtl APPROVED 9-1 y y y A Y Y Y N Y
Zoning (PRINCESS ANNE BOROUGH): AS PROFFERED
0-2 to B-2 (5.319 acres) AND
AG-2 to B-2 (1.104 acres)
on Genrl Booth Blvd/Dam Neck Rd
H/2/d HILDA W. ARCHBELL for closure of MOTION TO 8-2 Y Y Y Y N A N Y Y Y Y
portion of Arctic Ave at Winston- APPROVE LOST
Salem Ave (VIRGINIA BEACH BOROUGH)TO A TIE VOTE
RECONSIDER
19/17/91
H/2/e Ordncs to AMEND CZO:
H/2/e/l Article 2, ADDING Sec 233.1 re DEFERRED TO 10-0 Y Y Y Y Y A Y Y Y Y Y
eatng/drinkng estblshmts servng 9/3/91
alcoholic beverages
H/2/e/2 Secs 203/901/1001/1511/1521 re DEFERRED TO 10-0 Y Y Y Y Y A Y Y Y Y Y
certain eatng/drinkng estblshmts 9/3/91
H/2/e/3 Sec 506 re open space promotion DEFERRED FOR 10-0 Y Y Y Y Y A Y Y Y Y Y
FIRTHER ITAFF
REVIEW I
H/2/f Ordnc to AMEND Sec 8.1 of the ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y Y
Subdvsn Ordnc re plat fees for
subdivisions In agricultural
districts
1/1 Ordnc authrzng acquisition of ADOPTED 9-1 Y Y Y Y Y A Y N Y Y Y
property for Bonney Rd Pump Sta
Modifications' Sewer Project/
easements of r-o-w by agreement
or condemnation
112 Ordnc to appt C. ORAL LAMBERT JR. ADOPTED 10-0 Y Y Y Y Y A Y Y Y Y @Y
as City Mgr in interim capacity
from 12:01 a.m. 10/1/91 until
such time as the new City Mgr
is appointed
J/1 Ordnc to APPROPRIATE $839,370 ADOPTED UPON 9-0 Y A IY Y Y A Y Y Y Y Y
to Sheriff re funding 50 addti SECOND READING
Correctional Officers with new
Correction Center
J/2 Grants Awarded:
J/2/a APPROPRIATE $24,089 to Commnwlth ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Atty Victim Witness Program SECOND READING
including one full-time position
J/2/b APPROPRIATE $14,700 to Court ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y IY y
Appointed Special Advocate SECOND READING
(CASA) Program I
J/2/c APPROPRIATE $20,000 for program ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
support of CASA program SECOND READING
J/2/d APPROPRIATE $28,250 to Va Bch ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Fire Dept to purchase automatic SECOND READING
defibrillators
J/2/e APPROPRIATE $130,559 to support ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
trainng/trainng facility imprvmts SECOND READING
/firefighter equipmt acquisition
J/2/f AP ROPRIATE $133,525 for addtl ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
eq@ipmt/office space for Special SECOND READING
Investigative Unit of Narcotics
Investigation
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
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DATE: August 13, 1991 F I A M B
PAGE: Three B C E S N C E s
R L N C T C R P E
A Y T H J E L N A S
B Z B R 0 0 1 A D R S
A I U E B N G N 0 K 0
AGENDA U E R S E E N A R E M
ITEM SUBJECT MOTION TO PASSED M @R N @S R S E N F R IS
J/2/g APPROPRIATE $37,397 to Police ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y
Dept for increased narcotics SECOND READING
investigation activities/addtl y ly
equipment
J/2/h APPROPRIATE $13,239 from Va ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Subregional Library for the SECOND READING
Blind to produce braille/recorded/
large-print emergency information
J/2/i APPROPRIATE $339,853 to Dept of ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Social Services for Child Day SECOND READING
Care Fee System
J/2/j APPROPRIATE $28,129 from @3tate ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
MH/MR/Substance Abuse to Grants SECOND READING
Consolidated Fund for one full-
time position/provide assistance
to individuals with dvlpmntl
disabilities
J/2/k APPROPRIATE $600 from State ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
MH/MR/Substance Abuse to provide SECOND READING
addtl professional staff hours
devoted to planning/training
J/2/1 APPROPRIATE $1,004 to fund ADOPTED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Library's purchase of diagnostic SECOND READING
software package
J/3 Ordnc to AMEND 17th Year 1991-92 ADOPTED 9-0 Y A Y Y Y A Y Y Y Y Y
Cmmty Dvlpmt Block Grant Final
Statement re expansion of areas
where code enforcement activities
will be funded/TRANSFER $30,052
for such purposes
J/4 Ordnc to APPROPRIATE $16,350 from APPROVED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Commwlth re Emrgncy Home Repair FIRST READING
Program/authrz grant agreemt I
J/5 Ordnc to APPROPRIATE $11,053 from APPROVED UPON 9-0 Y A Y Y Y A Y Y Y Y Y
Commwlth re Homeless lntervention FIRST READING
Program/authrz grant agreemt I
J/6 Ordnc to authrz temp encroachmt ADOPTED 9-0 Y A Y Y Y A Y Y Y Y Y
into a portion ot City property
known as waters of Lake Joyce to
Frank W. Cool Ill re constrctng/
maintainng boat dock/ramp
(BAYSIDE BOROUGH)
J/7 Ordnc to authrz temp encroachmt ADOPTED 9-0 Y A Y Y Y A Y Y Y Y Y
into portion of City's r-o-w
known as Brockman Ave to Clarence
N./Brenda F. Swanner Sr.
(3511 North Crestline Dr) re
constructng/maintainng bulkhead
(KEMPSVILLE BOROUGH)
K APPOINTMENTS:
COMMUNITY CORRECTIONS RESOURCE 2 yr term
BOARD 9/1/91-8/31/93
REAPPOINTED: 10-0 Y Y Y Y Y A Y Y Y Y Y
Reeves Johnson
R. Bradshaw Pulley
APPOINTED: I 10-0 Y Y Y Y Y A Y Y Y Y Y
W. Brantley Basnight
S. Tyrone Hicks
CITY OF VIRGINIA BEACH
SU14MARY OF COUNCIL ACTIONS
H
E L 0
DATE: August 13, 1991 F I A M B
PAGE: Four B C E S N C E s
R L N C T C R P E
A Y T H J E L N A S
B Z B R 0 0 1 A D R S
A I U E B N G N 0 K 0
AGENDA U E R S E E N A R E M
ITEM SUBJECT MOTION TO IPASSED M R N S R S IE N F IR S
DEVELOPMENT AUTHORITY 4 yr term 10-0 y IY Y Y Y A Y Y Y I y iy
9/1/91-8/31/95
APPOINTED: I
F. Dudley Fulton
David A. King
HISTORICAL REVIEW BOARD APPOINTED: @ 10-0 Y Y Y Y Y A Y Y Y Y Y
Elizabeth (Betty)
F. McClane
unexpired term
thru 12/31/92
PARKS AND RECREATION COMMISSION RESCHEDULED B Y C 0 N C E N S U S
PUBLIC LIBRARY BOARD 3 yr term
9/1/91-8/31/94
IREAPPOINTED: 10-0 Y Y Y Y Y A Y Y iy iy y
John L. Carvil, Jr.
Susan M. Clark I
R. Patrick Deans
Lettie Dozier
Samuel H. Knoll
APPOINTED: 10-0 Y Y Y Y Y A Y Y Y Y Y
Linda Deviney
TIDEWATER REGIONAL GROUP HOME APPOINTED: 10-0 Y Y Y Y Y A Y Y Y Y Y
COMMISSION Betty M. (B.J.)
Basnight unexpired
thru 6/30/94
WETLANDS BOARD 5 yr term 10-0 y y y Y Y A Y Y Y Y Y
10/1/91-9/30/96
REAPPOINTED:
Paul J. Anninos
L UNFINISHED BUSINESS
m NEW BUSINESS
N ADJOURNMENT: 5:45 PM