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DECEMBER 15, 1986 MINUTES (2it-@"f @ii-@il-licA "WORLD'S LARGEST RESORT CITY" (1@ ('OUNCIL A,fAYOR ROBERT G. JONES, A, @,g, VICE MAYOR MEYERA E OBERNDORF, Al ALBERT W BALKO, @@,h JOHN A. BAUM, Bi.,k.@@, B,@,h ROBERT E FENTPESS, V,@gi@i. B,-h @,.gh HAROLD HEISCHOBER, A, L,,g, BARBARA M HENLEY, P@.g. @@.gh REBA S M@,Cl@NAN, A.@@ @.@gh JOIIN D MOSS, K,@,@ill, @@,h VIIG@ CITY NANCY K PARKER, Al L,,g, JOHN L PFRRY, 281 CIT'Y HALL BUILDING MUNICIPAL CENTER RUTH HOT)CES SMITH, (.MC, Ci,, C@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 f8W) 427-4303 15, 1986 ITEM I. COLINCIL SESSICO: Conference Roan - 11:30 AM A. CITY 1. MAYOR'S CMU= CN THE BANDICAPPED Mr. Steve Jonnson, Chainnan 2. REAL @TE TAX LEVY PROPOSALS ITEM ii. INFO@ SESSION: - Cc)nference Room - 12:30 PM A. CAIL TO ORDER - Mayor Robert G. Jones B. ROTL CALL OF COUNCIL C. CITY 'S PPE=ATICNS: 1. IC AVENUE TRAFFIC CIRCULATION AND DEMCVSTRATICU p Mr. Henry Rliz, Resor-t Programs Administrator D. MOTION TO INTO EX=IVE SESSION ITEM III. FO@ SESSION: Council s 2:00 PM A. INVOCATIOU: Reverend Herber-t Hcbbs C. ELECTRCNIC RML CALL OF CITY COUNCTT. D. ADOPTION CF ITEMS FOR THE FO@ AGENDA 1. INFO@ & FORMAL SESSIONS: Dec@r 4, 1986 2. INFO@ & FO@ SESSIONS: Dec@er 8, 1986 P. P CN 1. City EVloyee B" OF FAME a. @nard A. Kandrcrt b. Elizabeth K. @tt c. David Little G. PUBLIC @ 1. PLANNIM a. APPROVAL: Ordinance discontinuing, closing, and abaridoning a portion of Branksane Drive in the petition of PS Associates II, Ltd., (KEMP-ille Bcrough . EXTENSION OF TIME FOR CCMPLLANCE approved by City Gouncil on April 14 and October 20, 1986. Rec ation: for nonccmpliance with conditions b. Application of Bemie G. Waller on property located at 3340 Ives Road, (Blackwater Borough). Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lcts have direct access to a pliblic street; AND, Conditional Use Permit for a single family dwelling in the AC-1 Agricultural District, containing 3.01 acres. Re tion: APP@ c. Application of Off-Price Mall Associates, II, a Virginia General Partnership for a Change of zoning frcrn B-2 ty-Business District to A-2 Apartment District located on the east side of illage Drive, south of Laskin @, containing 25.889 acres (Lynrihav- Borough). Recomendation: APPROVAL H. ORD 1. Ordinance upon SECCND MDIM establishing the Tax Levy on Real @te for Tax Fiscal Year 1988. 2. Ordinance upon FIRST WMING authorizing the Mayor to execute an employmmt agreement for the City Manager and to appropriate $85,850.00 for said purpose. 3. Ord@ce upon FT= READIM to apprcpriate $1, 000, 000 for the acquisition of approximately thirty-eight (38) acres of p y adjacent to the Municipal Center and authorize the City Manager to enter into an agremmt to finance the purchase of the property along with other property approved for purchase on July 7, 1986. 4. Ordinance to AMEND and RFORDAIN Section 37-7.1 of the City Code of the City of Virginia Beach, Virginia, pertaining to water r@ce reouvery fees generally. 5. Ordinance to authorize acquisition of property in fee simple for right-of@y for intersection of Old Great @ @ and Reagan Avenue and the acquisition of t@rary and pernianent easements of right-of@y, either by agreement or by condemation. I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enactea by cne @icn in the form listed. If an itern is r@ed frcm @ Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance upon FIRSR READING to appropriate funds in the @t of $73,076 for additicnal persomel and equi@ within the @eriff's Departrn-t. 2. Ordinance upon FIRSR EMIM to appropriate $142,771 and to transfer $27,809 for a low inccme day care assistance pilot prograrn. 3. Ordinance to authorize a t@rary into a portion of the right-of-way of Little Neck @ to mm piale s Association, its assigns and successors in title. 4. BIWO/RAFFLE @TS: Diamond Springs Garden@ Park Civic League Bingo n FOads Youth Hockey Association, Inc. Bingo/Paffle Kehillat Bet @drash Synagogue Bingo/Raffle OPERATION &CLE Bingo OSIA Lodge #254 Bingo/Raffle Plaza Little @ague Bingo/%ffle Plaza Recreation League Bingo/Raffle St. Gregory The Great Parent Teachers Group Raffle St. Gregory's Women's Club Raffle Virginia Beach Moose Lodge #1998 Raffle Virginia Beach Skating Club Bingo/Raffle J. APPO 25th CcwuTTEE TY CORRWRIONS TY SERVICES BOARD OCNSTITUrICN DAY T= FW=S IAND HOUSE OF RS BDAI;D PLANNIM @SSICN BOAFO VIRG@ AREAWIDE MODEL PROGRAM COORDINATOR K. UNFINI,@. BUSINESS L. NEW BUSINESS M. AW Item III-E.1 MINUTES ITEM 26599 Upon motion by Councilwoman Heischober, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 15, 1986 as CORRECTED: Page 25, Item # 26565, ORDINANCES: Councilman Robert E. Fentress was omitted from the list of Council Members Voting Aye: Same should CORRECTLY read: Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Page 27, Item # 26567, ORDINANCES: There is a typographical area in line 6 of the following paragraph: "Be it further ordained when the City-held land adjacent to Route 44, Baxter Road, and the proposed flyover is either sold or leased so as to generate revenue, that the net proceeds shall first go to retiring the debt of said land acquisition, second to restoring funds reprogrammed and third to the general fund." Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentressy Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 15, 1986 The CONFERENCE SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, December 15, 1986 at 11:37 A.M. Council Members Present: John A. Baum, Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, John D. Moss and John L. Perry Council Members Absent: Councilwoman Nancy K. Parker (ENTERED: 12:35 P.M.) - 2 - MAYOR'S COMMITTEE ON THE HANDICAPPED ITEM # 26540 Steve Johnson, Chairman, MAYOR'S COMMITTEE ON THE HANDICAPPED, presented City Council with a summarization of the Committees' current concerns. The Resort Area Advisory Commission and the Department of Permits and Inspections received an award from the ENDEPENDENCE GENTER for their outstanding efforts in ensuring facilities for the handicapped involving improvements to the Resort Area. The 14AYORIS COMMITTEE ON THE HANDICAPPED nominated three recipients for the ANNUAL MAYOR'S COMMITTEE AWARD to be presented in January: Hector Rivera - efforts in Human Services Marlene Hager - accessibility of polling places General Services, Landscape Division - their efforts in procuring the beach access ramp. Steve Johnson referenced concerns expresed by Larry Russell, a disabled individual, relative accessibility in the City buildings. Mr. Johnson expressed appreciation to the Mayor, Vice Mayor and the City Manger for meeting with Mr. Russell and the Department of Permits and Inspections to assure him of the City's concerns relative accessibility. The Subcommittee structure of the 14AYORIS COMMITTEE ON THE HANDICAPPED has been reorganized. Seven (7) Subcommittees have been established. Each committee is developing individual proposals for the Mayor to bring before City Council. Testimony and presentations have been given at various functions. Testimony was recently given at the TIDEWATER TRANSPORTATION DISTRICT COMMISSION PUBLIC HEARING relative handicapped transportation. The needs of the disabled have been addressed to the TIDEWATER BROADCASTER'S ASSOCIATION during their commmunity ascertainment meeting. Several RACC Meetings and Workshops have been attended. The MAYOR'S COMMITTEE ON THE HANDICAPPED met with forty (40) disabled tourists from Maryland and gave them a tour of the City. The MAYOR's COMMITTEE ON THE HANDICAPPED has brought several recommndations to the Mayor, one of the most succssful being the access ramps at the Beach and hope to have additional ones installed. Recommendations have been made concerning the TIDEWATER TRANSPORTATION DISTRICT COMMISSION appointment. The MAYOR'S COMMITTEE ON THE HANDICAPPED is attemping to raise the fine for illegally parking in a handicapped space from $10.00. A recommendation has been made to the representatives of Virginia Beach on the TTDC, to seriously study the twenty-three recommendations of the MAYOR'S COMMITTEE ON THE HANDICAPPED to TRT to see if same might be implemented to improve the handicapped transportation system. The MAYOR'S COMMITTEE ON THE HANDICAPPED was instrumental in the honoring of the three SUN WHEELERS as UNITED STATES WHEELCHAIR TABLE TENNIS CHAMPIONS at the City Council Meeting of November 24, 1986. A survey of the existing boardwalk has just been completed relative problems concerning accessibility. Same will be presnted to the RAAC in Janaury. The MAYOR'S COMMITTEE ON THE HANDICAPPED is co-sponsoring a media workshop in January. This shall be co-sponsored wiht the Endependence Center and IIVEC. The inclusion in the FRANCHISE AGREEMENT for the open-air cafes relative making their facilites accessible to the disabled has also been accomplished. The MAYOR'S COMMITTEE ON THE HANDICAPPED will be coordinating a study with the Pesonnel Department relative the hiring of additional handicapped personnel. A regional involvement of the Various MAYOR's CO@IITTEES throughout Hampton Roads has been initiated. - 3 - MAYOR'S COMMITTEE ON THE HANDICAPPED Item # 26540 (Continued) There shall also be an annual symposium on the MAYOR'S HANDICAPPED COMMITTEES throughout the State. A Disability Rights WORKSHOP is being sheduled. The MAYOR'S COMMITTEE ON THE HANDICAPPED is devloping a proposal to the Department of Tourism to develop an accessbility guide to the various facilities of Virginia Beach. Training is being conducted on the uniform State Wide Building Code to the various organizations throughout Hampton Roads. The Committee will co-ordinate with the MAYOR'S COMMITTEE ON AGING relative similar concerns. Representatives of VIRGINIA BEACH TOMORROW and the HANDICAPPS, UNLIMITED of VIRGINIA will confer with the MAYOR'S COMMITTEE ON THE HANDICAPPED. - 4 - REAL ESTATE TAX LEVY INCREASE PROPOSALS ITEM # 26541 Councilman Heischober had distributed to City Council a letter and a PROPOSED Resolution concerning the REAL ESTATE TAX LEVY. (Said Letter and Resolution are hereby made a part of the record). Councilman Heischober advised as result of the his research and discussions with Staff to provide for the programs the voters have approved, an ultimate, total increase of 8.7cts is needed. A 7cts increase would be adequate to meet the needs for the immediate future. Councilman Heischober proposed Property Taxes be set by Ordinance at $.87 and City Council commit itself to provide the additional 1.7cts in FY 88-89. This will provide for the full 8.7cts. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 26542 Councilwoman Henley referenced her appointment to the Handicapped Subcommittee of TRT and was in attendance at the Public Hearing on November 20, 1986. This particular PUBLIC HEARING was heard to receive comments on the Proposed Handicapped Transportation Services Program designed to meet the requirements of the United States Department of Transportation. TRT must submit a proposal for meeting the standards by March. The comment period for the proposal to meet those standdards is January 1, 1987. On Thursday, December 11, 1986, the Director presented a staff response to the recommendations submitted by the Special Committee for TRANSPORTATION SERVICES FOR THE ELDERLY AND HANDICAPPED. Councilwoman Henley distributed a copy of the twenty-three (23) Problems, Recomendations and Benefits as seen by the SPECIAL COMMITTTE. Said copy is hereby made a part of the record. Problem 4 and 5 were referenced and same will be a part of the City's Budget requests to enable the TTDC to provide services to the handicapped and not be in volation of Federal Law and State statutes, as well as the TRT does not provide adquate service hours on the STS system. The overall cost to the City will be approximately $100,000 Councilwoman Henley emphasized PROBLEM 8 of the aforementioned copy: "As Federal funding has decreased, the burden of paying the difference in costs within STS has been passed on to private agencies with which TTDC is contracting. The local City Councils have the responsibility for funding these programs under the Virginia State statute." The Recommendation advised: "Each City Council should be apprised at budget time by a TTDC member of its responsibility in the Federal law and State statute regarding the provision of transportation to the elderly and handicapped, and the costs involved in complying with this legislation. The repsonsbility for providing budgetary support for STS should include the local govenments." Councilwoman Henley referenced she was advising City Council now. Councilwoman Henley referenced Problem 10. "Contracting agencies are bearing a high propration of increased transportation cost and the bunt of decreased Federal funds before these decreases are actually realized by TTDC." This will require direction by City Council concerning handling of same. The recommendation would entail maintaining the fare structure and increasing contract service discount from 20% to 40%. Problem 17 involving installing two-way radios in all vans is now being accomplished as part of the Capital Improvement Project. The $400,000 cost of this should not be attributed to the Handicapped Program. Problem 22 entailed another major change on whether to equip all buses, trolleys, et cetera, with wheelchair lifts. Jack Whitney is the Staff Liaison concenring same. The City's allocation of costs of the ELDERLY AND HANDICAPPED SERVICE PROGRAM would be 38%. Councilwoman Henley advised as the installation of two-way radios needed to be subtracted from the Total Annual Estimated Cost, said total would be $847,500. ITEM # 26543 Councilwoman Henley referenced telephone calls relative the "leaf burning" problem. Councilwoman Henley inquired as to whether the trailer program was still being utilized in the neighborhoods. The respective neighborhoods should be advised of same. 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 26544 Vice Mayor Oberndorf advised the MARCH OF DIMES had contacted her relative the opening of an ADULT DAY CARE PROGRAM OF RESPITE CARE. The MARCH OF DIMES referenced $3500 for the tapping of the line and the sprinkler in the building is needed. This RESPITE CARE facility will be open from 7:30 A.M. until 5:30 P.M- The MARCH OF DIMES has requested a Transfer from the General Fund of $3500 to assist in this one item. Vice Mayor Oberndorf requested this item be considered at the City Council Meeting of December 22, 1986, with a recommendation by the Staff. ITEM # 26545 Councilman Balko advised he had received approximately ten calls in the last month relative the running of yellow/red lights. Councilman Balko urged the enforcement by Police and same should be investigated. ITEM # 26546 Councilwoman Parker again referenced the cost of advertising by the Schools relative the BOND REFERENDA and requested a response. TTEM # 26547 Councilwoman Parker requested further clarification in the Planning Commission Minutes. Rather than stating the particular Commissioner was Not Voting, it be referenced he was absent or temporarily out of the room. TTEM # 26548 Councilman Fentress requested a report concerning the Meeting of the MILITARY LIAISON COMMITTEE at the Pavilion last Thursday, December 11, 1986. ITEM # 26549 Vice Mayor Oberndorf advised the MILITARY LIAISON COMMITTEE was reactivated for the first time on Thursday, December 11, 1986. This meeting was an opportunity to re-establish open lines of communication. One of the major items discussed was a presentation by Bob Matthias over the concept about the Southeastern Expressway and the location. The Navy reflected their concerns, requesting the updating of Oceana Boulevard and have the shoulders made wider as well as the surface being done and hopefully contain a third lane. There was a discussion of the LACV-30 exercises. The Navy is expecting a smaller type of craft for their operation and one that will be far less noisy. By mutual agreement, another meeting will be scheduled in three months. - 7 - M A T T E R S B Y M A Y 0 R ITEM # 26550 Mayor Jones further referenced the MEETING with the MILITARY LIAISON COMMITTEE. The Navy seemed more amendable to the Southeastern Expressway concept than he had previosuly envisoned. Mayor Jones reiterated Colonel Paul Yearout, Commanding Officer of Fort Story, advised he was unaware of where the 600,000 cubic yards of material could be placed at Fort Story. Fort Story does not have room for same unless this material could be utilized for their beaches. Fort Story is unable to serve as a "spoil site - 8 - ITEM # 26551 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, December 15, 1986 at 12:30 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 9 - CITY MANAGER'S PRESENTATION ATLANTIC AVENUE TRAFFIC CIRCULATION CONCEPT PLAN AND DEMONSTRATION PROJECT December 15, 1986 ITEM # 26552 Henry Ruiz, Resort Programa Administrator, summarized the ATLANTIC AVENUE TRAFFIC CIRCULATION CONCEPT PLAN AND DEMONSTRATION PROJECT. The Virginia Beach Hotel-Motel Association, the Resort Area Advisory Commission adn the Joint Circulation Committee of the respective organizations submitted the Concept. This proposal invovled a preparation time of six months. This proposal is sensitive and responsive to the warning of the URBAN LAND INSTITUTE: "If the Resort loses its sense of attraction as a tourist destination, same will never be regained." Henry Ruiz quoted from the Engineering Report conducted by Mickiewicz-Robertson on Atlantic Avenue, these are key elements of the objectives of the report. "If the decline of Atlantic Avenue can be traced to one major source, it is unquestionably the automobile So overpowering have been the efforts to accommodate vehicles that the pedestrian has literally been pushed aside, confined to narrow sidewalks on the east and west side of the street, while the automobile has been given the remaining area as a travel way. Amenity and convenience for the driver have been widely introduced everywhere, while it is difficult to find where such attention has been dedicated to the pediestrian. Atlantic Avenue should be a vital and aesthetic part of the Virginia Beach experience, second only to the beach itself. It is here that the first impression of the Resort is formed in the mind of the visitor, even before the Beach itself. Chronologically it is viewed first." The Proposed Concept and Graphics are hereby made a part of the record. The essential features of the proposed concept for the RESORT AREA CIRCULATION SYSTEM are as follows: Atlantic Avenue - Narrow to a 4-Lane 2-way traffic Pattern south of 25th Street. Left turn lanes included as feasible at major intersections. Elevation platforms located on the east side of Atlantic Avenue at major intersections. Pacific Avenue - Left Turns at major intersections/removal of parallel parking. Expand Pacific Avenue to a four-lane divided highway for full length of Resort Area. Numbered Side Streets - 2-Way Traffic Pattern. Only right turns permitted onto Atlantic Avenue at non-signaled intersections. All parking removed in phases. "Stub" Streets - upgrade all Stub Streets in the Resort Area (east of Atlantic Avenue and between the Loop and the Cavalier) Norfolk Avenue -upgrade to enhance corridor as a major entrance to the Oceanfront. Consistent road section, curbs and gutter. Improved traffi-c signilization and left turn lanes at major intersections. Improved sidewalk and landscaping. Signage Systems - Design and installation of an integrated circulation and orientation signage system. Existing Street identification signs to be consistent with the new system. "Super Blocks" Demonstration Project - Improve 20-23rd Street Blocks of Atlantic Avenue. Improvements to 21st and 22nd Streets between Atlantic and Pacific Avenue. Parking to be removed from this area. - 10 - CITY MANAGER'S PRESENTATION ATLANTIC AVENUE TRAFFIC CIRCULATION CONCEPT PLAN AND DEMONSTRATION PROJECT December 15, 1986 ITEM 26552 (Continued) Longer Range Improvements Upgrading the full length of Atlantic Avenue and all side streets to Pacific Avenue. Implementing one-way traffic systems on Arctic Avenue and Baltic Avenue between 17th Street and Laskin Road. Developing 30th and 31st Streets as a one-way pair extending Laskin Road to the Resort Center. Widening and upgrading of Birdneck Road to General Booth Boulevard. Upgrading the Birdneck Road/Route 4 interchange and the development of a Visitor Orientation/Reception Center in the vicinity of the Pavilion along the Toll Road. - 11 - ITEM # 26553 Mayor Jones 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, performance, demotion, salarics, 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 affect 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 litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 1 2 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL December 15, 1986 2:20 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, December 15, 1986 at 2:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara @l. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Herbert Hobbs Baylake United Methodist Church PI;EDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 13 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26554 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item III-D.1 ITEM # 26555 Mayor Robert Jones referenced an Ordinance to AMEND and REORDAIN Section 37-7.1 of the City Code of the City of Virginia Beach, Virginia, pertaining to water resource recovery fees generally. (See Item IIII-H-4 of the CONSENT AGENDA). This item will be DELETED from the Agenda. Item III-D.2 ITEM # 26556 Councilwoman Henley referenced the BINGO PERMIT to OPERATION SMILE (See Item III-I-4 of the CONSENT AGENDA). This item will be pulled for discussion. Item III-D-3 ITEM # 26557 Council Moss referenced an ADD-ON under NEW BUSINESS concerning RECONSIDERATION of AMURCON CORPORATION OF VIRGINIA for a Change of Zoning District Classification form A-1 Agricultural District to A-2 Apartment District located on the west side of Rosemont Road, containing 1.95 acres (Kempsville Borough). This Ordinance was DENIED by City Council on November 24, 1986. - 14 - Item III-E.1 MINUTES ITEM # 26558 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 4, 1986 as CORRECTED: Page 4, ITEM # 26463, INFORMAL SESSION. Paragraph 3 should state: "Councilwoman McClanan advised she attended Seminars on NANAGING GROWTH, MUNICIPAL PURCHASING and BRE)*I)E)ASIPING DRUG TESTING." Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None Councilamn Heischober ABSTAINED as he did not attend the City Council Meeting of December 4, 1986. 1 5 Item III-E.2. MINUTFS ITEM # 26559 Upon motion by Councilwoman Henley, seconded by Counciloan Perry, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 8, 1986, AS CORRECTED: ITEM # 26522, Page 18 ORDINANCE UPON APPLICATION OF PARKER OIL COMPAIIY FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE STORE R012686999 Condition 2 shall be eliminated: 2. There shall be three (3) comercial curb cuts: one (1 ) on Indian River Road, and two (2) on Princess Anne Road. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert 0. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item III-F.la/b/c. PRESENTATIONS ITEM # 26560 The Mayor presented RESOLUTIONS inducting the following into the 1986 CITY EMPLOYEE HALL OF FAME: Leonard A. Kandrot Elizabeth K. Lett David Little These employees were inducted into the 1986 CITY EMPLOYEE HALL OF FAME for their outstanding efforts on behalf of the City of Virginia Beach. Leonard A. Kandrot was recognized for his services to the Department of General Services. Elizabeth K. Lett was recognized for her contributions to the Department of Public Libraries. The Professional Technology Institute (PTI) had presented the City of Virginia Beach with an Award for David Little's Electronic Mapping Program. These Resolutions were presented prior to the Call to Order of the FORMAL SESSION. 1 7 Item III-G.l.a-c PUBLIC HFARING PLANNING IT124 # 26561 Mayor Jones DECLARED a PUBLIC IFEARING on: PLANNING ITEMS a. PS ASSOCIATES II, Ltd. STREET CLOSURE b. BENNIE G. WALLER VARIANCE AND CONDITIONAL USE PERMIT c. OFF-PRICE MAIJ, ASSOCIATES, II CONDITIONAL USE PERMIT - 18 - Item III-G.l.a. PUBLIC HEARING PLANNING ITEM # 26562 Attorney Wallace B. Smith represented the applicant and requested DEFERRAL for compliance of conditions Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DEFERRED until the City Council Meeting of March 16, 1987, FINAL APROVAL of an Ordinance upon application of PS ASSOCIATES II, LTD., for the discontinuance, closure and abandonment of a portion of Branksome Drive. Application of PS Associates TT, Ltd., for the discontinuance, closure and abandonment of a portion of Branksome Drive located 590 feet more or less northeast of S. Independence Boulevard, 520 feet northwest of Edwin Drive and running in a northwesterly direction a a distance of 305.24 Said parcel contains 19,514.88 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober,* Barbara M. Henley,* Mayor Robert Jones,* Reba S. McClanan,* John D. Moss,* Vice Mayor Meyera E. Oberndorf,* Nancy K. Parker" and John L. Perry * Council Members Voting Nay: None Council Members Absent: None *VERBAL VOTE - MALFUNCTION OF VOTING EQUIPMENT - 19 - III-G.l.b PUBLIC HEARING PLANNING ITIN # 26563 Attorney Edward A. Fiorella, Jr., represented the applicant Upon motion by Councilman Baum, seconded by Councilman Perry, City Council APPROVED an Application of BENNIE G. WALLER for a Variance to Section 4.4(d) of the Subdivison Ordinance, and ADOPTED an Ordinance upon application of BENNIE G. WALLER for a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bennie G. Waller. Property is located at 3340 Ives Road. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BENNIE G. WALLER FOR A CONDITONAL USE PERMIT R012861000 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bennie G. Waller for a Conditional Use Permit for a single family dwelling in the AG-1 Agriucltural District on certain property located 2100 feet more or less southwest of the terminus of Ives Road. Said parcel is located at 3340 Ives Road and contains 3.01 acres. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. The following conditions shall be required: 1. Recordation of a thirty (30) foot ingress-egress easement as shown on the plan from the terminus of Ives Road to the proposed 3.01 acre site. 2. An eighteen-(18) foot roadway to be provided from the terminus of Ives Road to the proposed dwelling to insure adequate emergency access. Roadway surface to be determined by the Engineering Division. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of December, Nineteen Hundred and Eighty-six. Item III-G.I.b. PUBLIC HEARING PLANNING ITEM 26563 (Continued) Voting: 11-01, Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *VERBAL VOTE - MALFUNCTION OF VOTING MACHINE Item III-G.l.c PUBLIC HFARING PLANNING ITEM 26564 Attorney R. J. Nutter represented the applicant Peter Crowley, of Land Design, Incorporated, represented the applicant and presented the site plan Lieutenant Commander Al Petrie, NAS Oceana, spoke in OPPOSITION and advised said application lies within the AICUZ High Noise Zone ITT Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of OFF-PRICE MALL ASSOCIATES, II, a Virginia General Partnership for a Change of Zoning: ORDINANCE UPON APPLICATON OF OFF-PRICE MALL ASSOCTATES, II, A VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATON FROM B-2 TO A-2 Z012861134 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA Ordinance upon application of Off-Price Mall Associates, II, a Virginia General Partnership, for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the east side of Village Drive, 750 feet more or less south of Laskin Road. Said parcel contains 25.89 acres. Plats with more detailed information are availble in the Department of Planning. LYNNHAVEN BOROUGH The following conditions shall be required: 1. Right-of-way dedication is required for that portion of Donna Drive which lies within and abuts the property line. This right-of-way dedication must be in compliance with the agreement dated August 4, 1986, between Off-price Mall Associates II and the City of Virginia Beach. 2. The Owner agrees to perform, or cause to be perforr.qed, such clearing, grading, street imrovements, storm drainage, engineering, and surveying, together with such other improvements as may be necessary and incident to construct Donna Drive (four lanes) from First Colonial Road to Village Drive as shown on the drawings prepared by Basgier and Associates, approved by the City on November 1, 1985, and entitled "Virginia Beach Factory Outlet Mall at Hilltop", dated September 15, 1983 and revised October 3, 1984. 3. Increased signilization at the corner of Donna Drive and First Colonial. 4. A traffic light at Village and Laskin Road. 5. A stack Lane on First Colonial Road. 6. Two points of Access into project from Donna Drive. 7. All conditions reiterated in the Agreement between OFF-PRICE MALL ASSOCIATES II, a Virginia General Partnership and the City of Virginia Beach. - 22 - Item III-G.l.d. PUBLIC REARING PLANNING ITEM # 26564 (continued) 8. The applicant voluntarily agrees to provide a noise disclosure statement to each prospective tenant. 9.A Landscaping package shall be provided appropriately with the site. The trees within the community shall be a range of 12-14 feet height for a shade tree and an 8-10-foot height for an evergreen, initially along the Expressway. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of December, Nineteen Hundred and Eighty-six. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf," Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss Council Members Absent: None Item III-H.1 ORDINANCE ITEM # 26565 Rae H. LeSesne, represented self, and spoke in support of said Ordinance, requesting supoort of City Council and the Ordinance. Lou Pace, represented himself, and spoke in OPPOSITION to the tax increase Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council ADOPTED the portion of the Ordinance upon SECOND READING establishing the Tax Levy on Real Estate for Tax Fiscal Year 1988 at a rate of eighty-five ($.85) cents on each one hundred ($100) of assessed valuation thereof, with the understanding that this five ($.05) cents is addressing the five-cent tax increase that is necessary to to fund the REFERENDA PROJECTS, as well as the $30-MILLION in pay-as-you go, and the ultimate remaining $30-MILLION REFERENDIZI for a total of $100 MILLION, the road backlog as identified in the REFERENDUM presentations. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 4 Item III-H.l.b.. ORDINANCES ITEM # 26565 (Continued) Councilwoman Henley made a MOTION, seconded by Councilman Moss, to ADOPT an additional 3.7 cents for a total rate of eighty-eight and seven-tenth cents ($.887) on the tax levy for the year 1987-88, with the understanding that this 3.7 cents is to fully fund the Schools portion of the REFERENDA. A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilwoman McClanan tliat the 3.7cts be reduced by 1.7cts and the total increase, therefore, would be 5cts for ROADS and 2 cents for SCHOOLS, a rate of eighty-seven ($.87) cents on each one hundred dollars ($100) of assessed valuation. Voting; 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober and Reba S. McClanan Council Members Voting Nay: Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None Item III-H.l.b. ORDINANCES ITEM # 26565 (Continued) Upon motion by Councilwoman Henley seconded by Councilman Moss, City Council ADOPTED the portion of the Ordinance upon SECOND RFADING establishing the Tax Levy on Real Estate for Tax Fiscal Year 1988, by establishing an additional 3.7 cents for a total rate of eighty-eight and seven-tenth cents ($.887) on the tax levy for the year 1987-88, with the understanding that this 3.7 cents is to fully fund the Schools portion of the REFERENDA. Voting: 7-4 Council Members Voting Aye: Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Harold Heischober and Reba S. McClanan, Council Members Absent: None - 25 a - AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1988 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. Amount of Levv on Real Estate. There shall be levied and collected for fiscal year 1988 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, a rate of eighty-eight and seven-tenth cents ($.887) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as amended. Section 2. Amount of Levy on Unequalized Public Service Real Estate as Provided for in Section 58.1-2604 of the Code of Virginia (1950), as Amended. There shall be levied and collected for general purposes for fiscal year 1988 taxes on all Public Service Real Property, which has not been equalized as provided for in section 58.1-2604, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58.1-2606 of the Code of Virginia (1950), as amended. Section 3. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate. There shall be levied and collected for general purposes for fiscal year 1988 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate of eighty-eight and seven-tenth cents ($.887) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. - 25b Section 4. Consti That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance. Section 5. Effective Date. This ordinance shall be in effect from and after July 1, 1987. FIRST READING: December 4, 1986 SECOND READING: December 15, 1986 Adopted by the Council of the City of Virginia Beach, virginia on the Fifteenth day of December 1986. GLF/rab 11/18/86 C 0 2 Item III-H.2. ORDINANCE ITEM # 26566 Upon motion by Councilwoman Heischober, seconded by Councilman Perry, City Council ADOPTFD: Ordinance authorizing the Mayor to execute an employment agreement for the City Manager and to transfer $85,850-00 for said purpose. The City Attorney advised the Ordinance was incorrect, as same did not require a FIRST READING and was a transfer of funds rather than an appropriation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 26a - REQUESTED BY: CITY COUNCIL AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE CITY MANAGER AND TO TRANSFER $85,850.00 FOR SAID PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the attached Agreement (Exhibit A) is hereby approved and incorporated by reference; 2. That the Mayor is hereby authorized to execute said Agreement; and 3. Funds in the amount of $85,850.00 are hereby transferred. December 15, 1986 ADOPTED: JDB:jh 12/10/86 Item III-H.3 ORDINANCES ITF14 # 26567 Upon motion by Councilman Fentress, seconded by Councilman Heischober, the City Council APPROVED upon FIRST READING, AS AMENDED*: Ordinance to appropriate $1,000,000 for the acquisition of approximately thirty-eight (38) acres of property adjacent to the Municipal Center and authorize the City Manager to enter into an agreement to finance the purchase of the property along with other property approved for purchase on July 7, 1986. *Councilman Moss requested the addition of the following paragraph to said Ordinance: '?Be it further ordained when the City held land adjacent to Route 44, Baxter Road and the proposed flyover is either sold or leased so as to generate revenue, that the net proceeds shall first go to retiring the debt of said land acquisition, second to restoring funds programmed and third to the general fund." Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, inancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 27a - AN ORDINANCE TO APPRCPRIATE $1,000,000 FOR THE ACQUISITION CP APPROXIMATELY 38 ACRES OF PROPERTY ADJACENT TO THE MUNICIPAL CENT'ER AND AUTHORIZE THr, CITY MANAM TO ENTER INTO AN AGREEKENT TO FINANCE THE PtJ E CF THE PRCP= ALOW. WITH MM PROPER'IY APPROVED FOR E ON JULY 7, 1986 WHEREAS, City Council has previously authorized on July 7, 1986 the acquisition of property (36.77 acres) acljacent to the Mnicipal Center at an estiTmted cost of $4,492,116, and WHEREAS, additional property (approximately 38 acres) adjacent to the Municipal Center (east of North Landing Road) has become available for an estimated cost of $1,000,000, and WHEREAS, the cost of acquiring the additional property and the previously authorized property may be financed by a third party arrangemnt. NCW, TBEREFORE, BE IT OIUAINED 13Y THE CUMIL CP THE CITY CF VIFGINIA BEACH, VIRGINIA that $1,000,000 is hereby appropriated for the acquisition of property at the Municipal Center. BE IT FURTHER OIUAINED that the City Manager is hereby authorized to negotiate for the purchase of this additional property, and BE IT FURTHER OFDAINED that the City Manager is hereby authorized to negotiate a satisfactory third-party agreement for the financing of this property as well as the acquisition approved by Council on July 7, 1986 at an estimated anmnt of $5,492,116. BE IT @ OMAINED when the City held land adjarent to RDute 44, Baxter Road and the proposed flyover is either sold or leased so as to generate revenue, that the net proceeds shall first go to retiring the debt of said land acquisition, second to restoring funds reprogr and third to the general fund. This ordinance shall be in effect from the date of its adoption. First Reading: December 15, 1986 Second Reacling: Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1986 Item III-H-4 ORDINANCES ITEM # 26568 BY CONSENSUS, the following item was DELETED from the Agenda: Ordinance to AMEND and REORDAIN Section 37-7.1 of the City Code of the City of Virginia Beach, Virginia, pertaining to water resource recovery fees generally. - 29 - Item III-H-5 ORDINANCES ITEM # 26569 Mrs. William Grady, resident of Old Great Neck Road, spoke in Opposition John Brown, resident of Old Great Neck Road, was also in attendance and advised there was not a total agreement between himself and the City; however, an appraisal and an offer had been made by the City. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for intersection of Old Great Neck Road and Reagan Avenue and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Councilman Baum requested drawings presented to citizens in connection with acquistion of property be "Colored". Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John D. Moss, and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 29a - AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR INTERSECTION OF OLD GREAT NECK ROAD AND REAGAN AVENUE AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of right of way improvements to provide transporta- tion and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as arnended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled "R/W IMPROVFMENTS OF OLD GREAT NECK ROAD AT REAGAN AVENUE," these plans being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the city Attorney is hereby authorized to make or cause to be made OR behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15day of December 1986. APPR Ef@-fS JAR: kg 9 / 10/86 LEGAL F '- R.,A - 30 - Item III-I. CONSENT AGENDA ITFIA # 26570 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item III-1.1 CONSENT AGENDA ITE14 26571 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED upon FIRST READING: Ordinance to appropriate funds in the amount of $73,076 for additional personnel and equipment within the Sheriff's Department. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31a - AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $73,076 FOR ADDITIONAL PERSONNEL AND EQUIPMENT WLTHIN THE SHERIFF'S DEPARTMENT WHEREAS, the Sheriff appealed the original Budget approved by the Virginia Compensation Board, and WHEREAS, on August 12, 1986 Council members Balko and Perry accompanied Sheriff Overiqan to appear before the Compensation Board at which time the Compensation Board agreed to give the Virginia Beach Sheriff's Department: Personnel: 1 - Bailiff $ 9,020 5 - Deputies 43,048 1 - Secretary 1 6,475 Total Salaries $ 58,543 Fringe Benefits: $ 8,533 Capital Outlay $ 6,000 Total 076 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $73,076 be appropriated for the above positions and equipment, and BE IT FURTHER ORDAINED that the Revenue from the Commonwealth be increased by $73,076 to offset this expenditure. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. First Reading: peaember 15, 1986 Second Reading: - 32 - Item III-I.2. CONSENT AGENDA ITEM # 26572 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED upon FIRST READING: Ordinance to appropriate $142,771 and to transfer $27,809 for a low income day care assistance pilot program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32a - AN ORDINANCE TO APPROPRIATE $142,7il AND TO TRANSFER $27,809 FOR A LOW INCOME DAY CARE ASSISTANCE PILOT PROGRAM WHEREAS, the General Assembly of Virginia has appropriated funds to pilot a program of day care support on a fee system basis for low income families for fiscal years 1986-87 and 1987-88, and WHERF.AS, $142,771 of these funds have been allocated to the City of Virginia Beach for FY 1986-87 for support of day care services to low income persons in Virginia Beach, and WHERF,AS, a local match in the amount of $27,809 is required for a total FY 1986-87 program cost of $170,580, which includes the costs for one Social Worker I, and WHEREAS, the Department of Social Services has experienced increaslng numbers of low income working individuals in need of assistance in provision of child day care, and WHEREAS, adequate lapsed funds to cover the match requirement have been identified within the Department of Social Services FY 1986-87 Operating Budget due to personnel turnover. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $142,771 be appropriated to the Public Assistance Day Care account within the Department of Social Services. BE IT FURTHER ORDAINED that funds in the amount of $27,809 be realloca- ted within the current resources of the FY 1986-87 Operating Budget of the Department of Social Services to meet local match requiremunts of the program and that the staffing of the Department of Social Services be increased by one Social Worker I for the duration of the pilot program. BE IT FURTHER ORDAINED that anticipated revenue from the Commonwealth for Public Assistance be increased by $142,771. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1986. First Reading: December 15, 1986 Second Reading: CAC/1 ORD19.B,TM - 33 - Item III-I-3 CONSENT AGENDA TTEM # 26573 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Little Neck Road to Montgomery Place Homeowners Association, its assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City, 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. A highway permit must be obtained prior to commencing work within the City's right-of-way. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33a - Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LITTLE NECK ROAD TO MONTGOMERY PLACE HOMEOWNERS ASSOCIATION, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the MONTGOMERY PLACE HOMEOWNERS ASSOCIATION, its assigns and successors in title is authorized to construct and maintain a temporary encroachment into a portion of the City-s right-of-way of Little Neck Road. That the temporary encroachment herein authorized is for the purpose of replacement of a deteriorated subdivision identification sign and replacement and relocation of associated landscaping materials, and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Little Neck Road, on the certain plat entitled: "PROPOSED SITE PLAN PLANTATION HILLS HOMEOWNERS ASSOCIATION," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the Montgomery Place Homeowners Association, its assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Little Neck Road - 33b - by the Montgomery Place Homeowners Association and that the Montgomery Place Homeowners Association, its assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that the Montgomery Place Homeowners Association, its assigns and successors in title 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 or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that the Montgomery Place Homeowners Association executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of virginia Beach, Virginia, on the 15 day of December 19 86 APP,@OV'D,c@. TO CO!,,JTEr4T -T T CLL/tap 10/17/86 CA-86-01776 (encroach\montgom.ord) 2 - 33c V:l@N T I E W BIDE \JIEVV EXHIBIT "A!' TYPICP\L SIZ(-: T\CCE-N T ?IECE5 tN@4 D,57YLE OF LETT'ERING 1981 72- 4 NOTE 5: T HC)LE 7C) BE "AND DUG. DEPTH C)F SIGN @T TO BE 3 KNC-HORED IN CC)NCiRE7F- NLL TREP1/2TF-D \NOOD CO QN S)<CP-PT @Nr 15IGN C='R:eEtGE INGO, IKRON -COL(DR Z !"CK EMUBIT "B" t-4 0 (V Lil 'SIGN rAON7GC)M'EIRY TDr<o@SF--D SITE @l H I L-L!5 IN E R - 34 - Item III-I-4 CONSENT AGENDA ITEM # 26574 Chief Charles Wall responded to City Council inquiries and advised no negative reports on OPERATION SMILE had been received. The investigation did not deal with the Operator of the Bingo Hali, only OPERATION SMILE. Bingo Halls are not licensed by the Police Department. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED BINGO/RAFFLE PERMITS: Diamond Springs Gardenwood Park Civic League Bingo Hampton Roads Youth Hockey Association, Inc. Bingo/Raffle Kehillat Bet Hamidrash Synagogue Bingo/Raffle OPERATION SMILE Bingo OSIA Roma Lodge #254 Bingo/Raffle Plaza Little League Bingo/Raffle Plaza Recreation League Bingo/Raffle St. Gregory The Great Parent Teachers Group Raffle St. Gregory's Women's Club Raffle Virginia Beach Moose Lodge #1998 Raffle Virginia Beach Skating Club Bingo/Raffle Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Memhers Absent: None - 35 - Item III-J.1 APPOINTMENTS ITEM # 26566 BY CONSENSUS, City Council RESCHEDUI;ED APPOINTMENTS: 25th ANNIVERSARY COMMITTEE - 36 - Item III-J.2. APPOINTMENTS ITFIQ # 26567 Upon NOMINATION by Vice Mayor Oberndorf, City Council REAPPOINTED to the COMMUNITY CORRECTIONS RESOURCE BOARD: Mason M. Moton Gene Alan Woolard (for a two-year term from Janaury 1, 1987 through August 31, 1989) "The terms were extended to August to make all vacancies occur in August on this particular Board. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item III-J.3. APPOINTMENTS ITEM # 26568 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the COMMUNITY SERVICES BOARD: Priscilla Beede Robert B. McKenna John Corbone (for a three-year term from 1/1/87 thru 12/31/89) Greg Stillman (Unexpired term of William A. Schlimgen thru 12/31/87) Mary Ellen Cox (Unexpired term of Carolyn M. Stickland thru 12/31/87) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 38 - Item III-J.4. APPOINTMENTS ITFIL #, 26569 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: CONSTITUTION DAY COMMITTEE - 39 - Item III-J.5 APPOINTMENTS ITEM # 26570 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS - 40 - Item III-J.6 APPOINTMENTS ITEM # 26571 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the PENDLETON PROJECT MANAGEMENT BOARD: Mary Sue Bright (for a three-year term from January 1, 1987 thru December 31, 1989) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 41 - Item III-J.7.a. APPOINTM M S ITEM # 26572 Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the PLANNING COMMISSION: Howard S. Meyers Virginia Beach Borough (for a four-year term from January 1, 1987 thru December 31, 1990) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 42 - Item III-J.7.b. APPOINTMENTS ITEM # 26573 Upon NOMINATION by Councilwoman Henley, City Council RFAPPOINTED to the PLANNING COMISSION: Steve S. Atkinson Pungo Borough (for a four-year term from January 1, 1987 thru December 31, 1990) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 43 - Item III-J.7.c. ITEM # 26574 APPOINTMENTS Councilman Moss NOMINATED Betsy Doxey (Bayside Borough) for APPOINTMENT to the PLANNING COMMISSION. Councilman Baum NOMINATED Kenneth D. Barefoot (Bayside Borough) for REAPPOINTMENT to the PLANNING COMMISSION. Council Members Voting for Betsy Doxey: Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting for Kenneth D. Barefoot: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, and John L. Perry By a Vote of 7-4, CitY Council REAPPOINTED to the PLANNING COMMISSION: Kenneth D. Barefoot Bayside Borough (for a four-year term from January 1, 1987 thru December 31, 1990) - 44 - Item II-J.7.d. APPOINTMENTS ITEM # 26575 Upon NOMINATION by Councilman Balko, City Council REAPPOINTED to the PLANNING COMMISSION: Charles R. Krummel Lynnhaven Borough (for a four-year term from January 1, 1987 thru December 31, 1990) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 45 - Item III-J.8. APPOINTMENTS TTE14 # 26576 Upon NOMINATION by Councilman Fentress, City Council APPOINTED to the SCHOOL BOARD: Gerald Gibbs Virginia Beach Borough (for a three-year term from January 1, 1987 thru December 31, 1989) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Councilman Moss ABSTAINED as per confirmation by the Commonwealth Attorney concerning a CONFLICT OF INTEREST relative SCHOOL BOARD APPOINTMENTS. - 46 - Item III-J.8.b. APPOINTMENTS ITEM # 26577 Upon NOMINATION by Councilman Perry, City Council APPOINTED to the SCHOOL BOARD: M. Boyd Jones Bayside Borough (for a three-year term from Janaury 1, 1987 thru 12/31/89) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Councilman Moss ABSTAINED as per confirmation by the Commonwealth Attorney concerning a CONFLICT OF INTEREST relative SCHOOL BOARD APPOINTMENTS. - 47 - Item III-J.8.c. APPOINTMENTS ITEM # 26578 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the SCHOOL BOARD: Robert W. Hall Princess Anne Borough (for a three-year term from January 1, 1987 thru December 31, 1989) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Councilman Moss ABSTAINED as per confirmation by the Commonwealth Attorney concerning a CONFLICT OF INTEREST relative SCHOOL BOARD APPOINTMENTS. - 48 - Item III-J.9 APPOINTMENTS ITEM # 26579 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM: Mary Hughes (unexpired term thru December 31, 1987) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 49 - Item III-J.10 APPOINTMENTS ITFM # 26580 Upon NOMINATION by Vice Mayor Oberndorf, City Council REAPPOINTED as the VOLUNTEER COUNCIL COORDINATOR: Marnie J. Morgan (for a three-year term from January 1, 1987 thru December 31, 1989) (City Council extended the one-year term to three years.) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 50 - Item III-L. NEW BUSINFSS ADD-ON ITa4 # 26581 Upon motion by Councilman Moss, 8econded by Councilman Heischober, City Council "t@M ti@2 @6 @ll DtivIV6 @6WTAIT61 P6@ 8,d:,Lnance upon Applciaiton of AMURCON CORPRATION OF VIRIGNIA for a Change of Zoning ORDINANCE UPON APPPLICATION OF AMURCON COHPOHATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located on the west side of Rosemont Road, 800 feet more or less south of Holland Road. Said parcel contains 1.95 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BORUGH. City Council ALLOWED WITHDRAWAL of this Ordinance on November 24, 1986. ORDINANCE UPON APPLICATION OF AMURCON CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District on certain property located on the east side of Chimney Hill Parkway, 700 feet south of Holland Road. Said parcel contains 5.30 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. City Council DENIED this Ordinance on November 24, 1986. This will be RECONSIDERED at 9 UNITS PER ACRE. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 50 - Item III-L. NEW BUSINFSS ADD-ON ITE14 # 26581 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council REFERRED BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION Ordinance upon Applciaiton of AMURCON CORPRATION OF VIRIGNIA for a Change of Zoning ORDINANCE UPON APPPLICATION OF AMURCON CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located on the west side of Rosemont Road, 800 feet more or less south of Holland Road. Said parcel contains 1.95 acres. Plats with more detailed informa@lion are available in the Department of Planning. KEMPSVILLE BORUGH. City Council ALLOWED WITHDRAWAL of this Ordinance on November 24, 1986. ORDINANCE UPON APPLICATION OF AIIURCON CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District on certain property located on the east side of Chimney Hill Parkway, 700 feet south of Holland Road. Said parcel contains 5.30 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. City Council DENIED this Ordinance on November 24, 1986. This will be RECONSIDERED at 9 UNITS PER ACRE. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 51 - Item III-M.1 RECESS INTO EXECUTIVE SESSION ITEM # 26582 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Moss, seconded by Councilman Perry , City Council RECESSED into EXECUTIVE SESSION for discussion of Publicly Held Property and Legal Matters, after which to adjourn (4:30 P.M.) 1. 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 affect the value of property owned or desirable for ownership by such institution. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0* Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote Item III-N.1 ADJOURNMENT ITEM # 26583 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:55 P.M- B.,@,ly 0 Chief Deputy City Clerk R th Hag Sith, CMC City Clerk City of Virginia Beach Virginia