NOVEMBER 7, 1988
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November 7, 1988
ITEM 1. CITY MANAGERIS PRESENTATIONS - Conference Room - 11:00 AM
A. CITY OF VIRGINIA BEACH - Beach Management and Restoration Plan
Rogers, Golden and Halpern
B. RECYCLING AND MULCHING STATUS
P. Wade Kyle, Waste Management Administrator
Sandy Miller, Chairperson, Clean Community Commission
C. LEGISLATIVE PACKAGE UPDATE
Robert Matthias, Intergovernmental Relations Coordinator
D. CLARIFICATION OF A ZONING MAP
Robert J. Scott, Director of Planning
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndort
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend William S. Campbell
Aragona Church of Christ
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - October 31, 1988
E. CEREMONIAL PRESENTATIONS
1. CERTIFICATES OF COMMENDATION
a. CHIEF CHARLES R. WALL (MAYOR'S COMMITTEE
( FOR
b. CAPTAIN ERNEST T. BUZZY, SR. ( THE DISABLED
F. CITY MANAGER'S PRESENTATION
1. 1986 REFERENDUM COMMITTEE REPORT
William Schlimgen, Chairman
G. RESOLUTIONS/ORDINANCE
1. Resolution by the City Council of Virginia Beach authorizing the
City Manager to enter into a trust agreement with the States Self-
Insurers Risk Retention Group, Inc. for the placement of excess
Ifability Insurance.
Deferred October 31, 1988
2. Resolution referring to the Planning Commlssion certain amendments
to Section 205 of the City Zoning Ordinance, re parking and storage
of major recreational equipment and requesting the Planning
Commission to develop amendments to the Subdivision Ordinance to
provide for the reservation ot space in certain developments for
the parking and storage of major recreational equipment.
3. Resolution directing the City Manager and statf to investigate the
temporary use of property of the City of Virginia Beach for the
parking and storage of major recreational equipment.
4. Resolution to establlsh a Committee for the purpose of examining
the City's landscaping regulatlons and to make recornmendation to
City Council re amendments to such regulations.
5. Ordinance to AMEND and REORDAIN Section 5A.4 of the Site Plan
Ordinance re Interfor coverage requirements of the parking lot
landscaping requirements.
Deferred August 22, September 26, and October 24, 1988
H. CONSENT AGENDA
Al I matters 1 isted under the Consent Agenda are considered i n the
ord I nary course of bus i ness by Ci ty Counc i I and w 1 1 1 be enacted by
one motion in the form listed. If an item is removed frorn the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to TRANSFER $16,331 within the FY 88-89 Operating Budget
of the Police Department to purchase a modular building for the
Second Precinct.
2. RAFFLE PERMITS
CAPE HENRY WOMAN'S CLUB
FILIPINO WOMEN'S CLUB OF TIDEWATER, INC.
ST. NICHOLAS GREEK ORTHODOX CHURCH
3. Ordinance authorizing license refunds in the amount of $4,990.91.
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. RESIDENTS OF DAM NECK ROAD, BETWEEN GENERAL BOOTH AND DAM NECK BASE
Sponsored by Council Lady Reba S. McClanan
K. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 26, 1988 2:00 PM
CANCELLED
"CHRISTMAS DAY HOLIDAY"
JANUARY 17, 1989 2:00 PM
RESCHEDULE OF JANUARY 16
"LEE-JACKSON-KING DAYII
JANUARY 30, 1989 2:00 PM
RESCHEDULE OF JANUARY 2
"NEW YEAR'S DAY HOLIDAY"
All other Sessions will be in accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virglnla
November 7, 1988
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, October 7, 1988, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and Johft L. Perry
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 11:03 A.M.)
Reba S. McClanan (ENTERED: 11:05 A.M.)
- 2 -
C I T Y M A N A G E R 'S B R I E F I N G
BEACH MANAGEMENT AND RESTORATION PLAN
11:00 A.M.
ITEM # 30298
Mary Morris, Coastal Scientist with the Environmental Department, distributed
copies of the BEACH MANAGEMENT AND RESTORATION PLAN and the PRESENTATION AND
DISCUSSION OF RECOMMENDATIONS. This report was produced, in part, through
financial support from the Virginia Council on the Environment pursuant to the
Coastal Resources Management Program from the National Oceanic and Atmospheric
Administration. This was a $48,000 study, $40,000 of which was derived from the
Federal and State Coastal Management. This study entailed one year.
The proposed BEACH MANAGEMENT AND RESTORATION PLAN for Virginia Beach consists
of the following elements:
Proposed Beach Nourishment Programs
Use Recommendations
Improvements to the Existing Local Mangement System
State-Wide Recommendations
Tnformation Needs and Future Studies.
These five elements represent a set of comprehensive actions that should be
undertaken by Virginia Beach to begin to improve the management and restoration
of the City's most valuable economic and natural resource - its oceanfront and
bayfront beaches. Beach Management is defined at the beginning of this study to
be broadly inclusive. Tt encompasses both engineering programs for beach
nourishment as well as accompanying steps for increasing recreational use of
the beaches, and improvements in the local and state systems for planning and
managing the City's beaches.
Betty Morris introduced Phil Halpern, Consultant with Rogers, Golden and
Halpern, who utilized a slide display depicting the seven beach segments
addressed by the plan:
Chesapeake Beach
Ocean Park Beach
Cape Henry Beach
North Beach
Resort Beach
Croatan Beach
Sandbridge Beach
Phil fialpern reiterated the CHESAPEAKE BAY BEACH POLICIES:
Increase Public Use of Chesapeake Bay Beaches
Increase Accessibility to Chesapeake Bay Beaches
Target Regional Day-Users Not needing
Accommodations, Restaurants.
Chesapeake Beach extends from Little Creek Naval Base on the west to Woodlawn
Avenue on the east. The current width of the beach is sufficient to provide
protection to shorefront property and recreational capacity. Thus no initial
placement of sand is recommended. The City should monitor the beach width and
once it erodes to a 50' wide design berm, nourishment should then be performed.
The recommended amount of nourishment of 50,000 Cubic Yards would be sufficient
to compensate for three years of erosion losses, based on historical erosion
trends. Existing access and the residential nature should be maintained. The
cost of Renourishment would be approximately $150,000 to $469,000 for the three
years.
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C I T Y M A N A G E R 'S B R I E F I N G
BEACH MANAGEMENT AND RESTORATION PLAN
ITEM # 30298 (Continued)
Ocean Park Beach extends from Woodlawn Avenue on the west to Lynnhaven Tnlet on
the east. The average erosion rate in this segment is approximately 4 1/2 feet
per year; however, there has recently been significant erosion just west of the
Lynnhaven Inlet. The beach is presently wide enough that initial beach fill is
not required. The City should monitor beach width and once it declines to a 50'
wide design berm, nourishment should be undertaken. Nourishment in the amount
of 33,000 cubic yards every three years is recommended. The cost would be from
$99,000 to $309,000 for the three years. This Plan recommends that the City
make a formal request to the Norfolk District of the United States Army Corps
of Engineers for a study to determine if the construction of a jetty would be
feasible. The purpose of this jetty would be to stabilize the inlet such that
the erosion program would be alleviated. This jetty could also serve to better
maintain the navigability of the inlet. Existing access should be maintained
and a Public Beach should be established near Lessner Bridge.
Cape Henry Beach extends from the west side of Lynnhaven Inlet east to Seashore
State Park. The Cape Henry Beach is an accretional area, with the result that
the beach is becoming wider, particularly in the western portion near Seasliore
State Park. For this reason, neither an initial fill nor periodic nourishment
is required. The City should monitor the beach width along this segment. The
Cape Henry Beach Use Recommendations entail: (1) Establish Secondary Resort
Area - near Great Neck Road; (2) Target Regional Day - Users; (3) Ensure Public
Access along Beach; (4) Provide Additional Parking; and, (5) Shuttle Service
from Resort Area or Remote Parking Areas.
North Beach and Resort Beach are considered together as both will be part of
the Beach Erosion and Hurricane Protection Project for Virginia Beach being
proposed by the Norfolk District of the COE. This plan assumes a project
similar to one that has been proposed by the COE will eventually be constructed
along these two segments during the next 2-5 years. The plan should consist of
two components: (1) a protective seawall between Rudee Inlet and 58th Street
and dunes north of 58th Street; and (2) Beach nourishment. Both elements of
the project are necessary to provide the desired level of protection to
oceanfront real property. The resort Beach Use Recommendations entail making
the Seawall functional and aesthetically pleasing, provide beach access points,
assess feasibility of a raised boardwalk and monitor attendance after Sea Wall
is done.
Croatan Beach stems from the south side of Rudee Inlet down to Camp Pendleton.
The erosional characteristics of Croatan Beach indicate accretion in the north
near Rudee Inlet and erosion in the south near Camp Pendleton at the rate of
approximately 1.3 feet per year. The Croatan Beach Nourishment Program
recommends the following: no initial fill, no periodic nourishment - southern
end, maintenance of a 100-foot wide berm, and 27,000 cubic yards of sand every
three years for the southern section. The cost would be between $102,000 to
$253,000.
Sandbridge extends from Dam Neck on the north down to the southern boundary of
Little Island City Park. The erosion problem is more severe at Sandbridge than
at any of the other beach segments, ranging from approximately 3.4 feet per
year near Dam Neck to almost 10 feet per year in the middle of the segment near
Pike Lane and declining again to 5.7 feet per year in the vicinity of Little
Island. It is estimated that $99,965,300 of private real property, streets and
utilities would be lost to erosion at Sandbridge over the next 50 years. This
assumes that the historical erosion rates continue into the future. It is
recommended that a 100-foot wide beach berm be maintained at Sandbridge. The
required nourishment plan would consist of an initial placement of 1,210,000
cubic yards of beach fill, followed by nourishment every three years of 990,000
cubic yards of sand. Benefit cost analysis indicates that the proposed project
would likely be cost justified if sand can be placed at Sandbridge for a
reasonable cost. Analysis indicated that a project would be economically
justifiable if the cost was less than $7.70 for each cubic yard of sand
remaining on the beach.
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C I T Y M A N A G E R IS B R I E F I N G
BEACH MANAGEMENT AND RESTORATION PLAN
ITEM # 30298 (Continued)
A determining factor of whether a beach nourishment project at Sandbridge would
likely be cost justified and in the federal interest is the cost of placing the
sand on the beach. A high cost for placing sand on the beach would produce a
benefit cost ratio less than one, similarly a low cost for sand would produce a
ratio greater than one. If a project was determined by the COE to be cost-
justified, the City could be eligible for a 50/50 sharing of the increment
between the cost of placing the sand on the beach and the cost of taking it to
Dam Neck disposal site. The Sandbridge Use Recommendations are to publicize
Sandbridge and provide summer mass transit from the Resort area.
I
- 5 -
C I T Y M A N A G E R 'S B R I E F I N G
RECYCLING AND MULCHING STATUS
11:25 A.M.
ITEM # 30299
Wade Kyle, Waste Mangement Administrator, advised by the end of the 1990's, he
firmly believed Recycling would be a way of life throughout the nation. The
reasons for recycling are to reduce the waste stream, conserve the natural
resources and reduce the disposal costs. It must be convenient to the public
and have marketability. There is a newspaper recycling program soon to be in
existence at the public schools. Several months ago, the Mayor, City Manager
and the Waste Mangement Administrator conferred with the Superintendent of
Schools and his administrative counsel proposing the aforementioned idea.
Newspaper Bins will be in place at all Public Schools within the next two
weeks. A contractor will be called by the Schools when the bins are full. The
contractor will pay back to each individual school for any project desired,
$3.00 per ton. In operating and disposal costs, the City will be saving a great
deal. The City's cost per ton for dumping is $25.00 and every ton of paper
recycled will be $68.00 total including collection costs.
There are two Reynolds Aluminum Recycling Centers in the City in the Green Run
Area and the Airport Tndustrial Park. The greatest effort in the area of
recycling is probably the City's affiliation with the SOUTHEASTERN PUBLIC
SERVICE AUTHORITY (SPSA). SPSA recycles glass and used oil at Transfer stations
in Virginia Beach and several materials at the Resource Recovery Plant in
Portsmouth. A Consultant has been hired by SPSA and should provide a total
package of the recycling that should be accomplished in this region with a goal
of 100,000 tons or 10% of the waste stream within the next few years. Last
week, a "pilot" recycling program was initiated consisting of a door-to-door
curb side to 8,000 homes in the region. Wade Kyle is negotiating with SPSA to
have 1,000 homes in Virginia Beach involved with this program. This is a
program recycling glass, aluminum, possibly newspapers and some plastics.
Containers will be placed at each of the participating homes. This will be in
conjunction with the service provided with the 90-gallon automated containers.
SPSA has indicated interest in locating a mulching operation at the City's
landfill and one at their landfill for the entire region. This would save the
initial expense of the mulching equipment which is over $200,000. This would
require a change in the collection process. At the present time, all types of
refuge are mixed. A separate collection section needs to be established for
yard debris oniy. There are also discussions with SPSA entailing their
involvement in a recycling center in Virginia Beach and possibly recycling in
the new Landstown Transfer Station.
Sandy Miller, Chairman of the Clean Community Commission accompanied by Ruby
Arredondo, Co-ordinator of the Virginia Beach Clean Community Commission,
advised recycling was the main priority over the last two years. The
Commission has accomplished much in educating the public and the citizens of
Virginia Beach in the methods of recycling. A new Speakers Bureau has been
established as well as a new slide presentation. The Commission has been co-
ordinating closely with Reynolds Aluminum. Over 5,000 brochures have been
distributed on household recycling. AWARENESS DAYS were instituted in April
with the focus on recycling and a recycling operation at Mount Trashmore the
end of April. RECYCLING MONTH, during the month of October, resulted in the
collection of more than 899 pounds of aluminum, 1600 pounds of glass and 4100
pounds of paper in less than four (4) hours with over 500 participants. The
TARGET is a Recycling Center in Virginia Beach and a proposal will be presented
within the next few months. The Commission is in the process of a feasibility
study, site selection, cost of the equipment and participation by businesses.
Mayor Oberndorf advised of the disappointment of Durwood Curling, Chairman of
SPSA, relative the low response to Hazardous Waste Day at Princess Anne High
School. Only 280 people responded. Mayor Oberndorf will be visiting Rhode
Island at the National League of Cities to observe their recycling center.
Recycling is mandated in Rhode Island.
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C I T Y M A N A G E R 'S B R I E F I N G
LEGISLATIVE PACKAGE UPDATE
11:52 A.M.
ITEM # 30300
Robert Matthias, Intergovernmental Relations Coordinator, reiterated the 1989
LEGISLATIVE PROPOSALS:
CHARTER CHANCES
1. Amortization of Non-Conforming Signs
2. Fire Prevention and Protection
3. Resort Area Retail Sales Tax
OTHER ISSUES
4. Advertisement for Voter Registration Sites.
5. Alternates to Board of Zoning Appeals
6. Assumption of Tourist Establishment Inspections
7. Back Bay Restoration
8. Civil Penalties for Violations of Zoning Ordinances
9. Commission on Transportation in the 21st Century.
10. Direct Election of School Board
11. Funding of Education
12. Health and Related Tnsurance for City Employees
13. Increase in Court Fees
14. Indigent Health Care
15. Merchants Capital Tax
16. Pendleton Child Service Center
17. Runaways and Secure Detention
18. Tax Exemption for Water Works Equipment
19. Tree Protection
20. VSRS For Council Members
AGRICULTURAL ISSUES
1. Farmers Wholesale Markets
2. State Registration for New Pesticides
3. Cleanup of Back Bay and North Land
4. Non-Tidal Wetlands
5. Land Use Assessment
6. Transfer Development Rights
Robert Matthias distributed information relative the 1989 LEGISLATIVE PROPOSALS
and Preliminary Drafts of Charter Amendments related to Fire Protection.. (Said
information is hereby made a part of the record.)
Mayor Oberndorf referenced her letter of October Thirty-first, requesting City
Council consider the proposal of a twenty-five year retirement for law
enforcement officers and Fire Fighters. The officer after twenty-five years of
service could retire with full benefits without regard to his or her age. The
City Staff has reviewed this request and believed that the City could support
same.
Councilman Moss referenced selling biodegradable plastic bags. Robert Matthias
advised the State is addressing a recycling bill that will include the use of
special plastics.
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C I T Y M A N A G E R IS B R I E F I N G
CLARIFICATION OF A ZONING MAP
ITEM # 30301
12:43 P.M.
Robert Scott, Director ot Planning, advised on March 12, 1984, Clty Counci 1
APPROVED the application of Grayson Whitehurst, Jr. / Scott Development Company
rezoning of the property from R-5 Residential District to 0-1 Off Ice District.
When this rezoning occurred, the area located between an existing twenty (20)
fc>ot drainage easement and the southeastern property line was not Included. The
current property owner is requesting that the zoning map be adjusted to fol low
the ex i st I ng p roperty I i ne, rather than the d ra i nage easernent wh i ch he f ee I s he
requested.
Af ter th e app rop r i ate I ega I advert i s i ng, th 1 s matter w i I I be SCHEDULED f or a
City Council Meeting.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 30302
Mayor Oberndorf advised of a gift of First Day Covers from Colonel John
Balchunis to each Member of the City Council. In consort with the City's
Twenty-fifth Anniversary Celebration, Colonel Balchunis was able to provide
cancellations of the Virginia Beach Twenty-fifth Anniversary/Neptune Festival
Stamp.
ITEM # 30303
Mayor Oberndorf referenced a letter of November 4, 1988 advising Delegate
Axselle has requested by November Tenth, VML and VACO devise an alternative to
the taping of Executive Sessions. (Said information is hereby made a part of
the record.) Delegate Axselle's intent is to advocate such an alternative to
the Virginia Press Association and then recommend a supposed compromise to the
FOI Committee before the November Seventeenth meeting of that Committee.
Mayor Oberndorf referenced the DRAF7 LANGUAGE by John Foote of Section 2.1-
344.1, Call of closed or executive meetings; certification of proceedings.
D. At the conclusion of any executive or closed
meeting convened hereunder, the members of the
public body holding such meeting shall execute a
written certification, to be included in the
minutes of that body, to the effect that (a)
only matters lawfully exempted from open meeting
requirements under the chapter and (b) only such
matters as were identified in the motion by
which such executive or closed meeting was
convened, were considered in such meeting.
E. In the event that any member of the public body
declines to execute the certificate required by
subsection D, above, then that member, and any
other member so choosing, shall, upon
reconvening into the first public session of the
public body thereafter, enter into the minutes a
statement disclosing or identifying the
substance of the matter or matters considered in
executive or closed session which, in his or her
judgment, were not authorized under subsection
D, above. Failure or refusal of any member to
execute the certificate required hereby shall
not affect the validity or confidentiality of
executive or closed meetings with respect to
other matters considered in such meeting in
compliance with the provisions of this chapter.
Statements of non-compliance by members shall
not constitute a chapter here in fact been
violated, but shall, upon proper authentication,
constitute evidence in any proceeding brought to
enforce this chapter.
Only those tapes of the Executive Session that are challenged will go before
the Circuit Court for review.
ITEM # 30304
Mayor Oberndorf requested each Member of City Council on November Eighth to
encourage citizens at the POLLS to vote for the LAKE GASTON REFERENDUM.
Mayor Oberndorf complimented Beverly Sheppard on her news article relative LAKE
GASTON.
- 9 -
C IT Y C 0 UN C I L C ON C E R N S
12:48 P.M.
ITEM # 30305
Councilman Perry advised for the last two years he had complained to Community
Development and Housing Department concerning the contractor building houses
for them. Councilman Perry referenced a home where the front porch is now 3
inches from the house and has pulled all the brick down from the window and
door.
The City Manager will investigate and advise.
ITEM # 30306
Councilman Perry distributed copies of a LAKE SMITH STUDY by Hou Yu-Lu,
Municipal Intern with the Department of Planning. (Said information is hereby
made a part of the record.)
ITEM # 30307
Mayor Oberndorf and Councilwoman Henley expressed appreciation to Donna Vaughan
for the beautiful display of dolls. Donna Vaughan oversaw this project and
received 200 dolls in September from the Salvation Army. City Employees dressed
each of the dolls for deserving children in the community to receive during the
Holiday Season.
ITEM # 30308
Councilwoman Henley congratulated Clarence Warnstaff and Thomas Leahy for the
magnificent efforts in connection with the Lake Gaston Referendum
ITEM # 30309
Councilman Baum referenced the editorial and cartoon in the BEACON as an
opponent to the LAKE GASTON PROJECT and citing "poor planning".
ITEM # 30310
Councilman Moss referenced the possibility of a quarterly collection of real
estate taxes and the cash flow impact of same. Councilman Moss also requested
the item relative the offset revenue collections of delinquent taxes be
pursued.
ITEM # 30311
Councilwoman Parker referenced Meetings related to opposition of the Expansion
of the Back Bay Wildlife Refuge. Councilwoman McClanan attended the meeting and
advised of very informative presentations.
- 10 -
ITEM # 30312
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor meyera E. Oberndorf i n the Conf erence Room, Ci ty Ha I I Bu 1 1 d 1 ng, on
Monday, November 7, 1988 at 1:08 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 11 -
ITEM # 30313
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, pertormance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
I itigation, or other legal matters within the jurisdiction of the publ ic
body.
Upon motion by Counci Iman Heischober, seconded by Counci Iman Moss, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
C)ouncil Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker. John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 7, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf ca I I ed to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers , C!ty Hall Bui IdIn g, on Monday,
November 7, 1988 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
INVOCATION: Reverend William S. Campbell
Aragona Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Councilwoman McClanan ENTERED the Formal Session at 2:23 P.M.
- 13 -
Item IV-D.l.
MINUTES ITEM # 30314
Upon mot i on by Counc i I woman Hen I ey, seconded by Counc i I man Moss, C i ty Counc i I
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
October 24, 1988 as AMENDED.
ITEM # 30233, pages 32 and 33
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
R010881177
These conditions have been clarified and amended
relative dedication and reservation as well as the
specifying of curb cuts. The AMENDED Conditions are
hereby made a part of the proceedings. Attorney
Crc>mwel I agreed to the Arnendments.
ITEM # 30234, Page 34 and 35
ORDINANCE UPON APPLICATION OF KAREN A. LEWIS FOR A
CONDITIONAL USE PERMIT FOR A FAMILY DAY CARE HOME
R010881178
Condition Number One shall be amended:
1. The total number of chi ldren shal I not exceed
eleven (11), (nine (9) non-related children plus
the applicant's two (2) children when they
return from school). This limitation means that
the total number of children to be cared tor on
the premises during any 24-hour day is eleven
(11), regardless ot whether all ar ent at
the same time or not.
ITEM # 30236, Page 38
Resolution Authorizing the Enlargernent of the
Nonconforming Use and Structure Located at 512
Delaware Avenue. Property of James A. Baraff, Carl
A. Baraff, Robert E. Nelson and Llnda Sue Newlin
A typographical area has been CORRECTED. The Vote
was 7-3 NOT 10-0.
- 14 -
Item IV-D.I.
MINUTES ITEM # 30314 (Continued)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
Reba S. McCianan
*Councilman Perry ABSTAINED as he was ABSENT the Meeting of October 24, 1988
- 14a -
Item IV-F.2.e.
AMENDED CONDITIONS
PUBLIC HEARING
PLANNING ITEM # 30233
Attorney Robert Croinwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
TNC. FOR A CONDTTTONAL USE PERMTT FOR GASOLINE
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
R010881177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNIA BEACH, VTRGTNIA
Ordinance upon application of Hop-In Food Stores,
Inc. (portion of Josephine Dixon property) for a
Conditional Use Permit for gasoline pumps in
conjunction with a convenience store at the
northwest corner of Princess Anne Road and Indian
River Road. Said parcel contains 40,045 square
feet. More detailed information is available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. All lighting on the entire property shall be
shielded and directed toward the interior e@ @e
Pt eve. ty .
2. In accordance with the Master Street and Highway
Plan, a thirty-one-foot (31') resef*at4o"
dedication of right-of-way is required along the
frontage of this property on Tndian River Road in
order to establish the ultimate ninety-two-foot
(92') right-of-way for the four-lane divided
highway.
3. A five-foot (5') right-of-way
dedication is required along the frontage of this
property, on Princess Anne Road, to provide for a
sixty-foot (60') right-of-way.
4. The proposed right-turn lane, located along
Princess Anne Road, shall be extended to the
intersection of Princess Anne Road and Tndian River
Road.
5. The rights-of-way for the proposed turn-lanes are
to be dedicated to the City of Virginia Beach.
6. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
7. The Hop-In Convenience Store, Gas Pumps and
adjacent commercial development shall be in
conformance with the architectural plans submitted
at the City Council meeting of October 24, 1988.
The colors, proportions, landscaping, signs and
canopies shall be as architecturally similar as
possible to the su@mitted plan (wood structure-,
metal seamed roof, country victorian style, et
cetera).
- 14b -
Item IV-F.2.e.
PUBLIC HEARING
PIANNING ITEM # 30233 (Continued)
8. The sign shall be a monument-type. There shall be
no pole signs.
9. There shall be additional landscaping in the entire
commercial area as well as landscaping in the
parking area as depicted on the site plan. The
landscaping shall be maintained by the property
owner.
10. There shall be sufficient area for the delivery
trucks if over a certain size to move aratnd behind
the facility rather than parking to block traffic
through and around the convenience store and gas
pumps.
11. Any future commercial development shall be in
conformance with the applicant's architectural plan
shown to the City Council on October 24, 1988.
12. The entire development shall allow for a circular-
type movement utilizing the curb cuts agreed to by
the City at said meeting (one on Princess Anne Road
and one on Indian River Road as shown on the
submitted site plan).
13. The dumpsters shall be screened with landscaping
and placed in an unobtrusive manner.
14. Any rooftop mechanical equipment shall be located
to be as unobtrusive as possible from the street.
15. The site plan and architectural plan as shown to
the City Council on October 24, 1988, shall be
submitted within ten (10) days to the Planning
Department.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
fourth day of October, Nineteen Hundred and Eighty-eight.
Voting; 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Heniey, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
John L. Perry
- 15 -
Item IV-D.I.
MINUTES ITEM # 30315
Upon motion by Gounci 1 woman Hen l ey, seconded by Counci I man Moss, Ci ty Counci 1
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
October 31, 1988.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 16 -
Item IV-E.I.
CEREMONIAL PRESENTATIONS ITEM # 30316
Mayor Oberndorf and Stephen L. Johnson, Chairman of the Mayor's Committee for
the Disabled, presented CERTIFICATES OF COMMENDATION to:
CHIEF CHARLES R. WALL
and
CAPTAIN ERNEST T. BUZZY, JR.
Virginia Beach Police Department
The Mayorts Committee for the Disabled approached Chief Wall relative
handicapped parking. The Police Department has been fully supportive in making
this program become a reality. Over 3,000 tickets have been written and over
2,000 warnings written in connection with violation of handicapped parking
facilities.
- 17 -
Item IV-E.2.
CEREMONIAL PRESENTATIONS ITEM # 30317
ADD-ON
Mayor Oberndorf PROCLAIMED the Months of November and December!
ALCOHOL AND DRUG AWARENESS MONTHS.
Every 23 minutes someone in the United States Is ki 1 led by a drunk driver and
418 alcohol-related fatal ities occurred In 1987 in Virginia. Al I citizens of
Virginia Beach are urged to participate in the Designate a Driver Program.
- 18 -
Item IV-E.3.
ADD-ON ITEM # 30318
R. Dean Lee, Chairman-Elect, Virginia Beach Council Board of Directors -
Hampton Roads Chamber of Commerce presented a STATEMENT OF POSITION relative
the LAKE GASTON REFERENDUM on behalf of the Chamber. (Said statement is hereby
made a part of the record.)
The Chamber has urged its 1300 members in Virginia Beach to support the
REFERENDUM and vote "YES".
- 19 -
Item IV-F.I.
CITY MANAGER'S PRESENTATION ITEM # 30319
WIII!am Sch I img en, Chai rman, presented the 1986 REFERENDUM COMMITTEE Report of
expenditures and obligations incurred by the City on highway and school capital
projects through September 30, 1988.
Of $40,000,000 approved for seven highway projects, $10,765,945, or 26.9%, has
been contracted through September 30, 1988, whi le expenditures for school
projects totaled $17,336,903 or 53.7% of the approved funds of $32,310,000.
A third highway project is about to advance to the construction phase. In
August 1988, City Counci I approved award of the low bid for construction of
Lynnhaven Parkway, Phase V. For school projects, a Notice to Proceed was issued
in July on Tallwood Elementary School (formerly West Kempsville), with
construction presently underway.
- 20 -
Item IV-G.I.
RESOLUTIONS/ORDINANCE ITEM # 30320
Robert Esenberg, Director of Risk Mangement, and Bob Smithers, President of the
States Sol f -I nsurers Rl sk Retention Group, In c. respond ed to C!ty Counci I Is
Inquiries.
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Reso l ution by the City Counci I ot Vi rgin ia Beach
authorizing the City Manager to enter into a trust
agreement with the States Self-insurers Risk
Retention Group, Inc. for the placement of excess
liability insurance.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
APPIZOVED AS TO CO@NT@:, i S
A RESOLUTION BY THE CITY COUNCIL
At@ OF THE CITY OF VIRGINIA BEACH
HORIZING THE CITY MANAGER
ENTER INTO A TRUST AGREEMENT
TH THE STATES SELF-INSURERS
"T, K RETENTION GROUP, INC. FOR
E PLACEMENT OF EXCESS LIABILITY
INSURANCE
WHEREAS, the City of Virginia Beach has been unable to
obtain commercial liability insurance at a reasonable rate; and
WHEREAS, it is prudent for the city to maintain liability
insurance as protection from large or catastrophic liability
risks; and
WHEREAS, commercial insurance companies have failed to
respond to the needs of municipalities and other public entities;
and
WHEREAS, the States Self-Insurers Risk Retention Group, Inc.
has established a program to provide broad form excess liability
coverage for municipalities and other public entities;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
In order to obtain appropriate excess liability insurance to
protect present and future assets of the city, the City Manager
is hereby authorized to enter into a Trust Agreement with the
States Self-Insurers Risk Retention Group, Inc. for the purpose
of becoming a member of this group and obtaining excess
automobile liability, comprehensive general liability, police
professional liability and public officials liability insurance
and such other insurance as may be offered by this group. The
cost for participation in this group and for liability insurance
obtained therefrom shall be paid from the Risk Management Fund or
other funds as may be appropriated by City Council.
ADOPTED: November 7, 1988
FO..
INTER-OFFICE CORRESPONVENCE
September 15, 1988
TO: Mr. Aubrey V. Watts, Jr., City Manager
FROM: Giles G. Dodd, Assistant City Manager for Administration
SUBJECT: Excess Liability Insurance
For the first time since March 1, 1986, Robert Esenberg has
been able to find a group willing to provide liability insurance
coverage for the City of Virginia Beach at a reasonable rate.
The amount of coverage we can obtain through a risk
retention group is $9,000,000 of excess coverage for $489,000 for
the first year. This amount includes a contribution of $90,338
towards the capitalization of the risk retention group. We will
also be required to pay an additional $60,225 in our second year
premium. After the second year, the premium will not include
any capital contribution and if the group's loss experience is
as actuarially projected or better, these contributions will be
refunded either through premium credits or cash reimbursements.
The coverage is being provided through a risk retention
group licensed in the state of Georgia which offers specialized
excess liability coverage for states and their political
subdivisions. To participate with this group (State Self-
Insurers Risk Retention Group), the city must pay $1,000 and
execute a trust agreement.
The excess coverage is $9,000,000 above a $1,000,000 self-
insured retention and will apply to automobile, comprehensive
general, police (law enforcement), and public officials liability
risks. The city will be self-insured for the first $1,000,000
of any one occurrence. Should a claim exceed this limit, we
will have $9,000,000 of coverage, $2,000,000 of which will be
funded by the risk retention group and $7,000,000 through their
reinsurer. No additional appropriations are required as funds
are available from the budget of the Risk Management Fund.
The trust agreement has been routed through the
administrative review process and, as soon as it is complete, we
will prepare a Council Agenda item and resolution to authorize
you to enter into the trust agreement with this risk retention
group.
Mr. Aubrey V. Watts, Jr.
September 15, 1988
Page Two
we are pleased to report to you about this coverage as we
view it as a long term solution to the city's liability insurance
problems and expect to realize significant long term cost
savings.
Should you have questions or desire additional information,
please give me a call.
Giles G. Dodd
GGD/pal
cc: Robert W. Esenberg
jl7l
STATES SELF-INSURERS
STATES SELF-INSURERS TRUST
AGREEMENT
(AMENDED)
THIS AGREEMENT made and entered into as of the 16th day of Deccmber, 1986, by
and among all of the Members of the States Self-Insurers Trust (The "Trust") and to be
accepted by all other parties who may hcreafter bccome Members of the Trust
("Mcmbers") establishes the rulcs for the governance of the Trust and the powers of the
Trust and powers and duties of the Trustees and their successors hereafter appointed as
provided herein.
PURPOSE
The Trust is hcreby created to organize and provide to the Members an insurance vehicle
or vehicles in accordance with the requirements of the Federal Liability Risk Retention
Act of 1986 (the "Act") in order to protect its Members from financial loss resulting
from liability as defined in the Act.
POWERS OF THE TRUST
The Trust shall be empowered to:
(a) Take all steps necessary to organize an insurance company or companies (the
"Company") in accordance with the requirements of thc Act and the applicable
laws of one or more sovereign states of the Unitcd States of America;
(b) Receive deposits and fees from Members to be held in escrow against the
anticipated obligations of the Member to the Trust and to the Company. The
amount of such deposits and fees shall be dctermined by the Trustees in
accordance with the policies, rules and guidclines of the Trust and the Company,
consistently applied;
(c) To disburse all or part (but not less than 95%) of Member deposits to the Company
in a manner consistent with the purpose of this Trust. Th6 Trust may retain an
amount not exceeding 5% of a Member's deposit in compensation for the Trust's
expenses. In the event any Member's application for insurance coverage, as herein
defined, is rejccted by the Company, the Trust shall return 100% of that Member's
deposit and shall simultaneously terminate such Member's membership in this
Trust;
(d) To hold, manage, and control all propcrty at any time forming part of the Trust; to
sell by a private contract or at public auctions; to exchange, convey, transfer, or
otherwise dispose of any property held by it in such manner and for such
consideration and upon such terms and conditions as the Trustees shall determine;
(e) To vote upon any stocks, bonds or other securities; to give gcncral or spccific
proxies or powcrs of attorney without power of substitution; to exercise any
conversion privileges, subscription rights or other options and to make an),
payments incidental thereto; to consent to or otherwise participate in corporatc
reorganizations or other changes affecting corporate securities and to delegatc
discretionary powers and to pay any assessments or charges in connection
STATES SELF-INSURERS
States Self-Insurcrs Trust Agreement
Page 2 of 8
therewith; and generally to exercise any of the powcrs of an owner with respect to
stocks, bonds, notes or other property held in the Trust;
(f) To issue, hold or register any property held in thc Trust in thc Trust's namc or in
the name of a nomince or nominees and to hold any investment in bearer form, or
in such other form as the Trustees determine best, but the books and records of the
Trust shall at all times show that all such investments are part of the Trust;
(g) To makc, execute, acknowledge and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate
to carry out the powers herein granted;
(h) To employ attorneys and agents with or without discretionary powers, in the
management and administration of the Trust, or for such purposes as the Trustces
consider desirable, and the Trustees shall be fully protected in acting on the advice
of such attorneys and agents. The Trustees shall pay from the Trust all reasonablc
compensation for the services and expenses of such attorneys and agents;
(i) To do all acts, whether or not expressly authorized, which it may deem necessary
or proper for the protection of the property held hereunder; and generally to
exercise any of the powers of an owner with respect to any property in the Trust;
(j) To deposit securities with a clearing corporation as defined in the Commercial
Code of the state of domicile of the Trust. The certificates representing securities,
including those in bearer form, may be held in bulk form with, and may be
merged into, certificates of the same class of the same issuer which constitute
assets of other accounts or owners, without certification as to the ownership
attached. Utilization of a book-entry system may be made for the transfer or
pledge of securities held by the Trust or by a clearing corporation. The Trust shall
at all times, however, maintain a separatc and distinct record of the securities
owned by the Trust;
(k) To begin, maintain or defend any litigation necessary in connection with the
investment, reinvestmcnt or administration of the Trust;
(1) To open bank accounts in the name of thc Trust in a bank, or bahks, upon the
written direction of the Trustees and to make deposits thereto from the property
hcld in the Trust in order to facilitate the payment of authorized disbursements.
The Trust shall be accountable for amounts so deposited.
MEMBERSHIP
Qualifications
Mcmbership shall be limited to sovcreign states and their political subdivisions,
including but not limited to, counties, citics, towns, municipalitics, ports authorities,
school districts, boards of regents, transit authorities and an5, other governmental
agency, authority or corporation created, owned, operatcd or controlled by a sovereign
state or its political subdivisions, with power to enter into contractual undcrtakings.
STATES SELF-INSURERS
Statcs Scif-Insurers Trust Agrccmcnt
Page 3 of 8
As required by the Act, it is a condition of Membership that each Member, once
approved for coverage by the Company, shall be and remain continuously insured by the
Company. Should the insurance coverage of any Member be discontinued by the
Company, whether through the act of the Member or the Company, then the mcmbcrship
of such Member shall be automatically terminated with effect as of the last date on
which insurance coverage was in force.
Resipnation of Mcmbcr
A Member may resign from the Trust as of the last day of any calendar month upon not
less than thirty (30) days prior written notice, mailed by certified mail, to the principal
office of the Trust. As required by this Agreement and by the Act, such resignation
shall be dccmcd to be notice of cancellation of any and all insurance coverages the
resigning Member has in force with the Company at the time of resignation, said notice
to take effect simultaneously with the effective date of such Member's resignation.
I
In like manner, any cancellation, discontinuation or expiration without renewal of any
Membcr's insurancc coverage with the Company, whether through the act of the Member
or the Company, shall be deemed to bc notice of resignation of membership in the Trust
on bchalf of such Member, said notice to take effect simultaneously with the last date
on which insurance coverage of such Member was in force.
TRUSTEES
The business of the Trust shall be conducted and its powers exercised by the Trustees
(the "Trustecs").
Numbcr
The Trust shall have not less than five Trustees at its inception. The number of
Trustees may be changed thereafter from time to time by a majority vote of its Mcmbcrs
at any meeting called for that purpose.
Oualification
All Trustees shall be authorized representatives of member entities. No more than one
Trustee may be employed by any one Mcmber.
Aypointment and Term
The initial Trustees shall hold office until their successors have been elected as provided
herein, or until their carlier resignation, removal from office or death.
On the ]6th day of December, 1986, and on the first Wednesday following each
anniversary date thereafter, a meeting of the Members shall be held to elect Trustecs.
Each Member shall have one vote in each election process. The Trustees elected at each
such meeting shall assume office upon the adjournment of such meeting and shall
remain in office until their succcssors have been duly efccted or until their earlier
resignation, removal from office or death.
STATES SELF-INSURERS
States Sclf-Insurcrs Trust Agrccmcnt
Page 4 of 8
Officcrs
The TTUSTCCS shall clcct from among their number a Chairman, a Vicc Chairman and a
Secretary. The Chairman, or in his absence, the Vice Chairman, shall preside at all
meetings of thc Trustees or the Members, and shall execute all documents on behalf of
the Trustees and the Trust. The Secretary shall kccp the minutcs of the meetings of the
Trustees or the Members and shall attest to any documents cxecuted on behalf of the
Trustees or the Trust.
The term in office of the Chairman, Vice Chairman and Secretary shall end with their
tcrm in office as Trustee. They may be removed from office at any meeting of the
Trustees by a majority vote of the incumbent Trustees.
The Trustees shall also elect a President, who need not bc a Trustce nor an employee of
a Member, but who shall have experience appropriate to the needs of the office. The
President shall bc the Chief Operating Officer of the Trust and shall have primary
responsibility for administration of the affairs of the Trust in accordance with this
Agreement and the policies, rules and guidelines cstablishcd by the Trustees. The
President shall be an employee of the Trust and shall receive such salary as the Trustees
may from time to time approvc. The President shall devote his or her full efforts to the
operations of the Trust. He or she shall serve on a continuous basis at the pleasure of
the Trustees and may be discharged at any time by a majority vote of the incumbent
Trustees.
Rcsignation
A Trustee may resign and be discharged from further responsibility by giving prior
written notice to the Chairman. Upon leaving office, any Trustec shall deliver to the
Chairman, all records and other property of the Trust in his possession or under his
control.
Rcmoval
Any Trustee shall be removed from officc upon termination of his employmcnt with a
Member, regardless of the reason for such termination of employment.
Any Trustee may be removed from office by a majority vote of the incumbent Trustees
upon a showing of good cause. Good cause consists of (1) failure to attend two or more
consecutive meetings of the Trustees without satisfactory explanation, (2) misfeasance or
malfeasance in office, or (3) a showing that the Trustee is unable to pcrform the duties
of his office because of mental or physical illncss. The effective date of removal shall
be the date upon which written notice of removal from the Chairman is sent to thc
Trustce by registered mail.
Vacancics
If a Trustee leaves office between election dates for any causc, the incumbent Trustees,
by majority vote, shall appoint a succcssor, subjcct to ratification within sixty (60) days
by a simple majority of the Members. The successor shall serve until the ncxt rcgular
STATES SELF-INSURERS
States Sclf-Insurcrs Trust Agrccmcnt
Page 5 of 8
election date, or, if earlier, until the next special meeting called by the Chairman for thc
eicction of Trustees.
ADNENISTRATION OF THE TRUST
The Trustees shall meet quartcrly or more often, as needed, at the principal office of the
Trust or at such other placc as may be acceptablc to all of the Trustees. The Chairman
shall set the date, time and location of such meetings and the Secretary shall furnish
written notice to each Trustee at least ten (10) days before each meeting. The notice
shall include the date, time and place of such meeting and a statcment of any actions
proposed to be taken at such meeting. Notice shall be directed to each Trustee by
personal delivery, telegraph or first class mail to the address of the Trustee as it appears
in the records of the Trust.
Mcthod of Meeting
The Trustees may participate in a meeting in person or by conference telephone or othcr
such communication equipment by which all participants can hear each other at the
same time. Participation through such communication equipment shall constitute
attendance at the meeting.
Action Without a Mccting
Any action that may be taken by thc Trustees at a meeting may be taken without a
meeting provided a conscnt in writing and signcd by all Trustees is filed with the
minutes of the Trustees before or within thirty (30) days after such action is takcn.
Ouorum and Votinp
A majority of the incumbcnt Trustees shall constitute a quorum for any meeting. The
act of the majority of the Trustees present at a meeting shall be the act of the Trustees,
provided that a quorum is present at the mccting.
Off icc of tbe Trust
The Trustees shall establish and maintain an office of the Trust. The books and records
of the Trust and its administration shall be kept at the office of the Trust.
Comt)cnsation and Ext)enscs of Trustccs
The Trustees may establish, from time to time, reasonablc policies for the compensation
of Trustees and for the reimbursement of expenses incurred by Trustees in the
performancc of their duties.
POWERS AND RESPONSIBILITIES OF THE TRUSTEES
The Trustees shall have the powers and shall be charged with the responsibilities of the
general supervision and operation of the Trust, and shall conduct the business and
activitics of the Trust in accordance with this Agreemcnt and all applicablc
governmental laws, rules and regulations.
STATES SELF-INSURERS
States Scif -Insurcrs Trust Agrccmcnt
Page 6 of 8
Dclcgation of Power to thc Presidcnt
The Trustees may delegate to the President of the Trust all such powers and authority
they deem necessary and appropriate to the effective pursuit of his or her duties as
Chief Operating Officer of the Trust, subject at all times to the terms of this Agreement
and the policies, rulcs and guidelines established by the Trustees.
Ai)r)ointmcnt of Administrator
The Trustees may, as needed, appoint an Administrator to provide services to and assist
in the administration of part or all of the affairs of the Trust in accordancc with this
Agreemcnt and the policies, rules and guidelines cstablished by the Trustecs. The
Administrator may be an individual, partnership or corporation and shall report to the
President of the Trust. The Administrator shall be required to furnish a fidelity bond,
in an amount to be determined by the Trustees, to protect the Trust against loss from the
misappropriation or misuse of money, securities or other assets belonging to the Trust or
in the custody of the Trust. The Administrator shall serve at the pleasure of the
Trustees, and may be dischargcd at any time by a majority vote of the Trustees.
New Mcmbcrs
The Trustees shall receive applications for membership in the Trust and shall process
such applications in accordance with the provisions of this Agreement and any
applicable governmental laws, rules or regulations. The Trustees shall, by simple
majority vote, admit to membership in the Trust only those applicants who are found to
(1) meet the membership qualifications provided for in this Agreement, (2) be
financially sound and able to meet their financial obligations to the Trust and (3) have
reasonable commonality of interest with the Members of thc Trust. The Trustccs may
delegate the ministerial duties of application processing to the President or an
Administrator.
Loss of Mcmbcrshil)
Any member shall be expelled automatically from membership in the Trust upon failure
to pay any amount due the Trust on or before the due date. Such expelled Member may
be reinstated to membership at the option of the Trustees upon payment of such overdue
amount. Also, the membership of any Member may be terminated at any time upon a
two-thirds majority vote of all incumbent Trustees if it is deemed to be in the interests
of the majority of all Members to so act. The expelled Member shall be advised of the
termination and the cause therefore in writing via registered mail within seven (7) da@,s
of the Trustees having so voted. The effective date of termination shall be the date of
the vote to terminate the Member's membership.
Control of Assets
The Trustees shall have the power and the duty to rcceive, deposit, invest, disburse and
account for all monies due to the Trust. The ministerial duties relative to such funds
may be delegated to the President or an Administrator. The Trustecs may emplo@,
investment counsel, advisors and agents to act on behalf of the Trustees and m3@,
delegate to such investment counsel, advisors or agents discretionary powcrs and
authority to defray expenses in connection with such employment out of principal or
STATES SELF-INSURERS
States Self -Insurers Trust Agrecmcnt
Page 7 of 8
income as they may deem proper, and to the extent permitted by law. The control of all
assets of the Trust shall remain with the Trustees.
Audit
The Trustees shall arrange for an audit of the Trust's records at least annually by an
independent, qualified accountant. Copies of the audit report shall be furnished to all
Members not later than three months after the end of the Trust's fiscal year.
Use of Funds
The Trustees, President or Administrator shall not use any assets of the Trust for any
purpose not consistent with the purpose of this Trust. The Trustees, President, any
Administrator, and employees of the Trust are prohibited from borrowing any monics
from the Trust or in the name of the Trust or using the assets of the Trust as security
for loans from others for any purpose whatsoevcr.
Monies of the Trust may be deposited in any bank insured by the Fedcral Dcposit
Insurance Corporation or Thrift Institutions insured by the Federal Savings and Loan
Insurance Corporation. The Trustees shall not be liable for loss of funds in excess of
the insured amount provided they met reasonable and prudent standards in selecting
depository institutions and in keeping deposits to the minimum required for the
opcration of the Trust.
MoniCS not needed immediately for the operations of the Trust may be invested in (1)
bills, notcs and bonds issued by the United States Government, (2) bills, notes and bonds
issued by agencies of the United States Government, (3) bills, notes and bonds issued by
any State of the United States and secured by the full faith and credit of the issuing
State, and (4) bills, notcs and bonds issued by local governments within the United States
and insured for both principal and interest by a financially sound insurance company or
insurance companies. Investment of the monies of the Trust in any othcr security or
asset, excepting invcstments made consistent with the purpose of this Trust, shall be at
the risk of the Trustees.
Surr)lus Monics
Any surplus monies for a Trust fiscal year in excess of the amount necessary to fulfill
all obligations of the Trust for that year may be declared by the Trustees to be
refundable, and shall be paid to the Members at a date and in a manncr to be fixed by
the Trustees.
MEMBERS LIABILITIES
Each Member shall be liable only to the extent of its contractual obligations to the Trust.
In no event shall any Member be liable to any other Mcmber for any financial
obligations in excess of that provided by this Agreement.
STATES SELF-INSURERS
States Sclf-Insurers Trust Agrecmcnt
Page 8 of 8
NUSCELLANEOUS
Trustccs' Liabilitics
No Trustee shall be liable for any action taken in good faith pursuant to this Agreement
or for an omission, except for gross negligence or wanton misconduct, nor shall any
Trustce be liable for any act of omission or commission by any other Trustee or any
employee of the Trustee.
Rcliance on Expert Opinions
The Trustces may consult with legal counsel, independent accountants, actuaries or othcr
qualified experts on any matter relevant to the operations of thc Trust. Good faith
reliance upon the opinions or advice of such experts shall be conclusive evidence of due
care in any action based upon such opinions or advice.
Amendmcnts
This Agreement may be amended at any time, in writing, by the concurrence of a
two-thirds (2/3) majority of the Members.
Countert)arts
This Agreement may be executed in one or more countcrparts, all of which shall be
taken together to constitute one instrument.
Tcrmination
This Agreement may be tcrminated at any time by agreement of all the Membcrs or as
otherwise prescribed by law. Upon termination, any assets remaining after provision for
all obligations of the Trust shall be distributed to the Members in the ratio each
Member's original membership fees bear to the total gross membcrship fees paid by all
Members.
This Agreemcnt is executed by the parties hereto and acccpted by the Trustees in the
Statc of Georgia, and all questions rclative to its validity, construction and
administration shall be determined in accordance with the laws of that State.
Fiscal Ycar
The fiscal year of the Trust shall be January I to December 31.
STATES SELF-INSURERS
SIGNATURE PAGE
Attaching To And Forming Part Of The
STATES SELF-INSURERS TRUST
AGREEMEENT
IN WITNESS of its acccptancc of membcrship in the States Self-Insurcrs Trust (thc
@Trust') and commitment to the terms of the States Self-Insurcrs Trust Agtccment -
Amendcd (the @Agreemcnt") dated Decembcr 16, 1986 and any duly authorized
amendments thereto, if any, each party to the Agrcement (the 'Mcmber@) has caused this
Signature Pagc to be executed by the MembeT's duly authorized officers or
representatives and has attached hereto an Affidavit (thc 'Affidavit@), in a form
acccptable to the Trust and its Counsel, confirming the Member's authority to enter into
this Trust and the Agreement.
SIGNED IN
This Day Of I 9-.
MMMBER:
MEMBER'S ADDRESS: APPROYED AS IC) C@@i-I i @i IFS
DLPARTtV@l-.t@i
AUTHORIZED SIGNATURE:
APPROVED AS TO LE'.-
TYPED N@ OF SIGNATOR: SUFFIC@ENCY AND FCi,
SIGNATURE OF WITNESS:
TYPED NAME OF WITNESS:
CORPORATESEAL:
STATES SELF-INSURERS
AFFIDAVIT
The Affiant Entity, an Applicant for membership in the States Self-Insurers Trust,
hereby affirms that it has adcquate statutory authority undcr (Quote statute reference
and attach True Copy of same) to
enter into the States Self-Insurers Trust Agrcement - Amended, dated December 16, l@86,
and that upon execution of the required Signature Pages and their transmittal to the
States Self-Insurers Trust at its principal address such Trust Agreement will represent a
contract legally binding the Affiant Entity to the extent provide therein; and
The Affiant Entity further affirms that it has adequate statutory authority under
(Quote statute reference and attach True Copy of same)
to enter into a contract or contracts of insurance with
the States Self-Insurers Risk Retention Group, Inc. and that any such contracts shall be
legally binding upon the Affiant Entity to the extent provided therein; and
The Affiant Entity further affirms that the undersigned person or persons are duly
authorized representatives of the Affiant Entity with adequate statutory authority to
execute contracts on behalf of the Affiant Entity and that any and all contracts so
executed, including but not limited to the aforemcntioned, are and shall be legally
binding on the Affiant Entity to the extent provided within such contracts.
IN WITNESS WHEREOF the Affiant Entity has caused this Affidavit to be signed by its
duly authorized representatives at the place and on the date indicated below and has
caused the Corporate Seal of the Affiant Entity to be Affixed hereto.
Signed In This _ Day Of 19
AFFIANT ENTITY:
(Th. b... n... m..t @@i.@id. @ith th.t nt.,.d th. Sign.tur. P.g.. f th. T,u.t Agr..m..t ..d ..y Appli@.ti.n
f., I...,.n" n th. Aff..nt E.tity'. b.h.IL)
AFFIANT'S ADDRESS:
AUTHORIZED
SIGNATURE(S):
TYPED NAME(S)
OF SIGNATOR(S)
SIGNATURE OF
WITNESS(ES)
TYPED NAME(S)
OF WITNESS(ES)
CORPORATE SEAL:
- 21 -
Item IV-G.2.
RESOLUTIONS/ORDINANCE ITEM # 30321
John P. Garland, 101 North Berwick Crescent, Phone: 486-1488, advised his only
vehicle was a 19-1/2 foot Recreation Vehicle purchased in 1976.
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution referring to the Planning Commission
certain amendments to Section 205 of the City
Zoning Ordinance, re parking and storage of major
recreational equipment and requesting the Planning
Commission to develop amendments to the Subdivision
Ordinance to provide for the reservation of space
in certain developments for the parking and storage
of major recreational equipment.
Councilman Baum referenced Line 19 Paragraph (c) of the Ordinance as an
apparent error. It should be in AG-2 Districts not AG-1.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION CERTAIN AMENDMENTS TO SECTION 205
3 OF THE CITY ZONING ORDINANCE, PERTAINING TO
4 THE PARKING AND STORAGE OF MAJOR RECREATIONAL
5 EQUIPMENT AND REQUESTING THE PLANNING
6 COMISSION TO DEVELOP AMENDMENTS TO THE
7 SUBDIVISION ORDINANCE TO PROVIDE FOR THE
8 RESERVATION OF SPACE IN CERTAIN DEVELOPMENTS
9 FOR THE PARKING AND STORAGE OF MAJOR
10 RECREATIONAL EQUIPMENT
11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 That the attached amendment to Section 205 of the City
14 Zoning ordinance, pertaining to the parking and storage of major
15 recreational equipment, is hereby referred to the Planning
16 commission for its consideration and recommendation.
17 The Planning Commission is also hereby requested to develop
18 and propose to the City council suitable amendments to the
19 Subdivision ordinance requiring the reservation of space within
20 attached dwelling/townhouse developments and multiple family
21 developments for the parking and storage of major recreational
22 equipment.
23 The Planning Cormnission is hereby requested to make its
24 recommendations concerning each of the above-stated items to the
25 City Council within ninety (90) days of the date of this
26 Resolution.
27 Adopted by the City Council of the City of Virginia Beach on
28 the 7 day of November, 1988.
29 WMM/dhh
30 RECVHPLC.RES
31 CA-88-3019 APPRQXED AS TO,COt4f[14TS
32 11/03/88
SIGNATURE
DEPARTMENT
APPROVED AS TO
SUFFI@i@NCY AND
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION
2 205 OF THE CITY ZONING ORDINANCE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO
4 PARKING AND STORAGE OF f4AJOR RECREATIONAL
5 EQUIPMENT
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 205 of the City Zoning Ordinance of the
10 City of Virginia Beach, Virginia, is hereby amended and
11 reordained to read as follows:
12 Section 205. Major recreational equipment.
13 (a) No major recreational equipment shall be parked in
14 any public street or public right-of-way for more than three (3)
15 hours.
16 (b) No such equipment shall be used for living,
17 sleeping, or housekeeping purposes except in locations lawfully
18 established for such use.
19 (c) In AG-1 Districts, no such equipment shall be
20 parked or stored in any required yard adjacent to a street nor
21 closer than three (3) feet to any lot line.
22 (d) Where the principal use of a building is
23 residential, major recreational equipment shall be stored only as
24 a use accessory to a permitted principal use, and subject to the
25 following limitations: No such equipment shall be parked or
26 stored on any lot except within a building or behind the nearest
27 portion of a building adjacent to a public street; provided,
28 however, that such equipment may be parked anywhere-@-@
29 premises entirely within a driveway for a period not to exceed
30 twelve-l-l@ twenty-four (24) hours during loading or unloading;
31 and provided further, that major recreational equipment of bona
32 fide guests of occupants of residential premises may be parked or
33 stored entirely within a driveway for the duration of visits by
34 such guests, but not for a period in excess of seven (7) days.
35 For purposes of this section, the term "driveway" shall not
36 include any portion of a lot, surfaced or otherwise, that d6,-
37 not provide direct access to a garage, carport or other approved
38 parking area.
3 9 (e) Where the principal use of a building is
40 cominercial, business, or industrial, major recreational equipnient
41 may be parked or stored as accessory uses, provided limitations
42 and requirements of the district are met.
43
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the day of 1988.
46
47 WMM/dhh/epm
48 09/22/88
49 11/02/88
50 CA-88-2950
51 \ordin\proposed\45-205.pro
52
53
2
- 22 -
Item IV-G.3.
RESOLUTIONS/ORDINANCE ITEM # 30322
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED:
Resolution directing the City Manager and staff to
investigate the temporary use of property of the
City of Virginia Beach for the parking and storage
of major recreational equipment.
*Lines 17 and 18 have been ADDED:
"WHEREAS, there may also be private property owners
who have proposals and solutions for the resoution
of this problem;"
The following verbiage has also been added:
"..that the City Manager also work with the private
sector in finding solutions to this problem and.."
Mr. Lee Cone, owner of property on the corner of Holland and Shipps Corner Road
in an AICUZ Restricted Zone, offered his land for consideration of storage for
major recreational equipment. Mr. Cone would provide the property at no charge
to the City and be responsible for all liabilities.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
1 A RESOLUTION DIRECTING THE CITY MANAGER AND
2 STAFF TO INVESTIGATE THE TEMPORARY USE OF
3 PROPERTY OF THE CITY OF VIRGINIA BEACH FOR
4 THE PARKING AND STORAGE OF MAJOR RECREATIONAL
5 EQUIPMENT.
6 WHEREAS, a substantial number of residents of the City of
7 Virginia Beach own major recreational equipment; and
8 WHEREAS, in many instances, the regulations of the City
9 Zoning Ordinance pertaining to the parking and storage of major
10 recreational equipment effectively prevent owners of recreational
11 vehicles from parking and storing such vehicles upon their
12 property; and
13 WHEREAS, the possibility that the City as a whole, as well
14 as the owners of recreational vehicles, may benefit from the
15 temporary use of City property for the parking and storage of
16 major recreational equipment merits further investigation;
17 WHEREAS, there may also be private property owners who have
18 proposals and solutions for the resolution of this problem;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
20 CITY OF VIRGINIA BEACH OF VIRGINIA:
21 That the City Manager and such staff as he may assign
22 further i,nvestigate the temporary use of property of the City of
23 Virginia Beach for the parking and storage of major recreational
24 equipment, and further, that the City Manager also work with the
25 private sector in finding solutions to this problem, and that the
26 City Manager report his findings to the City Council at such time
27 as he completes his investigation.
28 Adopted by the City Council of the City of Virginia Beach on
7
29 the day of November, 1988.
30 WMM/dhh
31 RECVEH.RES
32 CA-88-3020
3 3 11/03/88
34 11/07/88
- 23 -
Item IV-G.4.
RESOLUTIONS/ORDINANCE ITEM # 30323
Upon motion by Councilwonian McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, AS AMENDED:
Resolution to establish a Committee for the purpose
of examining the City's landscaping regulations and
to make recommendation to City Council re
amendments to such regulations.
The Membership of the Committee shall be appointed by Councilwoman Nancy
Parker and Councilwoman Reba McClanan
The Committee shall submit its report to the City Council on or before May 8,
1989.
The Committee shall be dissolved and cease to exist May 8, 1989, unless such
date is extended by action of the City Council.
Councilwoman Parker suggested the Committee be composed of:
Roger Huff, Eddie Barnes (Landscape Services), Bill Toner (Pembroke Realty),
Claudia Cotton (TBA) Assistant City Attorney Gary Fentress, Charles Krummel
(Planning Commissioner and Krummell and Jackson), Johnnie Miller, Ann Brown
(Council of Garden Clubs), Pat Bridges (Beautification Commission), Bob Carter
(Koger Executive Center), Tom Steele (Landscape Architect), Jack Whitney
(Environmental Co-ordinator), Keith Woodward, representing the Chamber of
Commerce either Michael Barrett or William Schlimgen and Council Members Reba
McClanan and Nancy Parker.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I A RESOLUTION TO ESTABLISH A COMMITTEE FOR THE
2 PURPOSE OF EXAMINING THE CITY'S LANDSCAPING
3 REGULATIONS AND TO MAKE RECOMMENDATION TO
4 THE CITY COUNCIL CONCERNING AMENDMENTS TO
5 SUCH REGULATIONS
6
7 WHEREAS, the City Council desires to create a committee for
8 the purpose of examining the City's landscaping regulations and
9 making recommendation to the City Council as to suggested
10 amendments to such regulations.
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13 1. That there is hereby established a Committee for the
14 purpose of examining and making recommendation to the City
15 Council concerning amendments to the City's landscaping
16 regulations.
17 2. The membership of the Committee shall be appointed by
18 Councilwoman Nancy Parker and Councilwoman Reba McClanan, and the
19 term of office for any appointment shall be subject to the will
20 of the City Council.
21 3. Members of the Committee may include representatives of
22 the public, the City Council, the City Planning Commission, and
23 the City staff.
24 4. It shall be the duty of the Committee to examine the
25 landscaping regulations which are currently in force in the City
26 of Virginia Beach, and to make a report to the City Council
27 concerning any amendments thereto which the committee may
28 determine to be advantageous to the public health, safety,
29 convenience, and welfare of the citizens of the City.
30 5. The Committee shall submit its report to the City
31 council through the office of the City Clerk and, if requested
32 by the City Council, shall appear before the Council to present
33 its recommendations and to respond to questions posed by the
34 Council.
35 6. The Committee shall submit its report to the City
36 Council on or before May 8, 1989.
37 7. The Committee shall be dissolved and cease to exist on
38 May 8, 1989, unless such date is extended by action of the City
39 Council.
40 8. No bond or oath shall be required of any member of the
41 Committee.
42 Adopted by the Council of the City of Virginia Beach,
43 Virginia, on the 7th day of November, 1988.
44
45 GLF/ds
46 11/03/88
47 11/07/88
48 CA-3022
49 LNDSCPNG.RES
2
- 24 -
Item IV-G.5.
RESOLUTIONS/ORDINANCE ITEM # 30324
Bill Holloran, 4512 Virginia Beach Boulevard, representing the Hampton Roads
Chamber of Commerce, registered but did not speak
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council DEFERRED INDEFNITELY:
Ordinance to AMEND and REORDAIN Section 5A.4 of the
Site Plan Ordinance re interior coverage
requirements of the parking lot landscaping
requirements.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item IV-H.
CONSENT AGENDA ITEM # 30325
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
APPROVED in ONE MOTTON Items 1, 2 and 3 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item IV-H. I
CONSENT AGENDA ITEM # 30326
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to TRANSFER $16,331 within the FY 88-89
Operating Budget of the Police Department to
purchase a modular building for the Second
Precinct.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @l. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
None
AN ORD TO $16,331 @ TELE
PY88-89 CPERATDC M= OF TEIE POLICE DEP@
TO CF A B[JNDDU FIOR SEUM
Seoond Precinct has been located at 319 18th Street at the
Oceanfront since FY66-67, and
, the facility in 1966 acc ted 26 swc)rn police personnel, and
now ac tes 108 s@rn police personnel, and
, the present Capital Improvewnts Prograrn includes a new 22,000
square foot facility (Project #3-971), but is not programed for ccmpletion until
after EY92-93, and
, a used portable modular building is available for purchase at a
total cost, including delivery and set - up, of $16,631, and will provide an
additional 1,200 square feet of space, and
, The Department of General Services has reviewed the purchase and
Lise of the building, has verified that the building can be physically located at
the site, and has oontacted Finance/Purchasing to ensure Procureffent Code
coirpliance, and
, there are sufficient appropriations available for transfer within
the FY88-89 Operating Budget of the Police Department for the purchase oE the
building.
NCN, BE IT NED BY THE MWIL, OF IHE CI'IY OF VILEGINIA
VIMINIA, that $16,331 be transferred within the FY88-89 Operating Budget of the
Police Depar@t for the purchase of a used portable modular building for
location at the Seoc)rid Precinct.
This ordinance shall be in effect froin the date of its adcption.
Adc)pted this day, the seventh day of Nov@r, 1988, by the Council of the
City of Virginia Beach, Virginia.
A5 TO CONTEt4T
- 27 -
Item IV-H.2
CONSENT AGENDA ITEM # 30327
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
APPROVED:
RAF'FLE PERMITS
CAPE HENRY WOMAN'S CLUB
FTLIPINO WOMEN'S CLUB OF TIDEWATER, INC.
ST. NICHOLAS GREEK ORTHODOX CIIURCH
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item IV-11.3
CONSENT AGENDA ITEM # 30328
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $4,990.91 upon application of certain persons
and upon certification of the Commissioner of
Revenue for payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM t4O@ C.A. 8 REV 3ft
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penafty lnt. Total
Year Paid
Flowmole Corporation
4750 Baxter Road
Va. Beach, VA 23462 1987 Audit $4,990.91 $4,990.91
Certified as to Payment:
4o-bert P. Vaughan 6-1
Commissioner of the Revenue
Approved as to form:
J. Da:f@ Bims,&
City Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $4,990.91 were approved by the Council
of the City of Virginia Beach on the7day of November '19 88
Ruth Hodges Smith
City Clerk
- 29 -
Item IV-I.I. ITEM # 30329
UNFINISHED BUSINESS
ADD-ON
PUBLIC HEARINGS will be SCHEDULED for APPOTNTMENTS to the School Board for the
City of Virginia Beach.
The City Clerk advised there are three vacancies; however, those whose terms
expire are eligible for REAPPOINTMENT. The City Clerk wished to include this
statement in the Public Notice. Those eligible for reappointment will be
NOTTFlED and asked if they wish to be reappointed.
A letter will be forwarded to City Council Members with a menu of dates from
which they may select the majority's preference for said PUBLIC HEARINGS.
- 30 -
Item TV-J.1.
NEW BUSINESS ITEM # 30330
The following spoke in opposition to utility easements required by the DAM NECK
ROAD Phase 2 Project and requested City sewerage:
Gray Clark, 1069 Dam Neck Road, Phone: 721-3936,
James E. Harper, 1037 Dam Neck Road, represented the Dam Neck Civic League
Bill Daley, 1045 Dam Neck Road, Phone: 426-2228
Dale Wilkerson, 1070 Old Dam Neck Road, Phone: 426-6761
Norma R. Lancaster, 1245 Muddy Creek Road
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED, AS AMENDED*:
Resolution requesting the Virginia Department of
Transportation to Reconsider the Proposed right-
of-way Acquisitions for Virginia Department of
Transportation Project UOOO-134-121 (DAM NECK ROAD
PHASE 2)
"Lines 34, 35, 36 and 37 shall be underlined.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMEN-1 OF TRANSPORTATION TO RECONSIDER
3 THE PROPOSED RIGHT-OF-WAY ACQUISITIONS FOR
4 VIRGINIA DEPARTMENT OF TRANSPORTATION PROJECT
5 uOOO-134-121 (DAM NECK ROAD PHASE 2)
6
7 WHEREAS, on February 17, 1988, the Virginia Department of
8 Transportation conducted a public hearing for the purpose of
9 demonstrating and receiving public comment concerning the
10 proposed Dam Neck Road Phase 2 road improvements (also known as
11 Virginia Department of Transportation Project UOOO-134-121), and
12 WHEREAS, during such hearing, plans were presented which
13 illustrated the planned location of the proposed roadway and
14 related improvements, and the impact of such improvements on
15 property owners affected by the project, and
16 WHEREAS, the plans which were presented during the hearing
17 failed to illustrate certain utility easements which would be
18 required as a result of the project, and
19 WHEREAS, as a result of the failure to describe and
20 illustrate the necessary utility easements required by the
21 project, the plans which were shown during the public hearing
22 failed to demonstrate to the public and affected property owners
23 the total impact of the road improvement project, and
24 WHEREAS, the City Council is of the opinion that the
25 Virginia Department of Transportation should reconsider the
26 location of the proposed right-of-way and utility easements for
27 the purpose of minimizing or eliminating any impact on affected
28 property owners which may be greater than that previously
29 demonstrated during the public hearing.
30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA
32 That the Virginia Department of Transportation is requested
33 to reconsider the right-of-way and utility easement locations for
34 its project number UOOO-134-121 for the purpose of reducing the
35 impact of such project on affected property owners to that extent
36 which was demonstrated during the public hearing that was held
37 for the project on February 17, 1988.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 7 day of November - , 19 88
40 GLF/ds
41 11/07/88
42 CA-3023
43 ORDIN\NONCODE\DAMNECK.RES
2
- 31 -
Item IV-K.I.
ADJOURNMENT ITEM 30331
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:15 P.M.
Beverly-0. Hooks
Chief Deputy City Clerk
@th Hodge!i Smith, CMC Mey,,r. Ober.@.ri
City Clerk M yr
City of Virginia Beach
Virginia