DECEMBER 3, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CM COUNCIL
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..... CITY COUNCIL AGENDA INI-L l@l.@
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DECEMBER 3, 1991
ITEM 1. CITY MANAGER'S BRIEFINGS - Council Chamber - 11:30 AM
A. ADVANCED REFUNDING OF BONDS ANALYSIS
Kim Edwards, Government Finance Research Center
B. FIVE-YEAR BUDGET REVIEW SCHEDULE
E. Dean Block, Assistant City Manager for Economic Management
ITEM 11. INFOR14AL SESSION Council Chamber 12: NOON
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM Ill. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Donald Staton
Chaplaln - Virginia Beach Police
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSION - November 26, 1991
G. PUBLIC HEARINGS
1. PROPOSED EXTENSION IN THE 5% TAX LEVY ON HOTEL/MOTEL LODGING FOR
ADDITIONAL YEAR, FROM I MAY 1992, UNTIL 1 MAY 1993.
2. PROPOSED ISSUANCE OF REVENUE BONDS BY NEWPORT NEWS REDEVELOPMENT
AND HOUSING AUTHORITY IN BEHALF OF VIRGINIA MOUNTAIN HOUSING, INC.
FOR TWO (2) MULTI-FAMILY HOUSING PROJECTS:
a. LYNNHAVEN LANDING APARTMENTS - VIRGINIA BEACH
b. HICKORY POINT APARTMENTS - NEWPORT NEWS
H. ORDINANCES
1. Ordlnance to AMEND and REORDAIN Section 35-159 of the Code of the
City of Virginia Beach, Virginia, re extension of 5% tax levy on
hotel/motel lodging for additional year from May 1, 1992, until
May 1, 1993.
2. Ordinance authorizing loan of funds from the General Fund Balance
to the Virginla Beach Development Authority in an aggregate amount
not to exceed $150 000. (Sponsored by Vice Mayor Robert E.
Fentress and Councilm;n Louis R. Jones)
3. Ordinance establishing tax levy on motor vehicles owned and
regularly used by certain disabled veterans for the calendar
year 1992. (Sponsored by Councilman Harold Heischober)
4. Ordinance to TRANSFER $450,000 from CIP Project #2-036 Roadway
Advanced Land Acquisition Program to CIP Project #2-077 Citywide
Sand Replenishment Program; and, to authorize the City Manager to
execute any necessary agreements for the purpose of funding the
City match of the Army Corps of Engineers' sand replenishment
project at Sandbridge Beach.
1. RESOLUTIONS
1. Resolution approving the Issuance of revenue bonds by Newport News
Redevelopment and Housing Authority to assist Virginia Mountain
Housing, Inc. re acquisition of Multi-Family Residential Rental
Project at Lynnhaven Landing Apartments.
2. Resolution approving the issuance of hospital revenue bonds by the
Virginia Beach Development Authority, in an amount not to exceed
$78,500,000, to Sentara Bayside Hospital re f i nanc 1 ng and
acquisition of a 250-bed acute care hospital and related
facilities.
3. Resolution authorizing the City Manager to file an application with
the State Council on Local Debt re issuance and sale of refunding
bonds.
4. Resolution authorizing and directing the City Manager to execute a
Memorandum of Understanding between the City of Virginia Beach and
the Virginia Dare Soil a6d Water Conservation District re Soil and
Water Quality Conservation Plans as required by the Chesapeake Bay
Preservation Act.
5. Resolution directing the Planning Commission review and make
recommendation re revisions to the Master Bikeway Plan and other
City ordinances to promote the development of the City's Bikeway
system. (Sponsored by Council Lady Reba S. McCianan)
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Ordinance to TRANSFER $49,000 from the Departments of Police,
Public Works and General Services to the Sheriff's FY 1991-1992
Operating Budget re purchase of two vehicles for the Community Work
Force.
2. LOW BID with advance notice to proceed:
WATERFRONT MARINE West Neck Bridge $1,659,807.45
CONSTRUCTION INC. CIP 2-040
Deferred: November 26, 1991
3. Ordinance authorizing tax refunds in the amount of $2,676.72.
K. PUBLIC HEARING
1. PLANNING
a. Ordinance for the discontinuance closure and abandonment ot a
portion of 39th Sti t of
Atlantic A running in an Easterly direction a distance
of 84.57 feet along the Northern property I i ne, conta i n i ng
3,182 square feet, in the petition of AQUA INVESTMENT
ASSOCIATES, L.P. (VIRGINIA BEACH BOROUGH).
Deferred for Compliance: November 26, 1991
Recommendation: FINAL APPROVAL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 10, 1991 Formal Session 2:00 PM
DECEMBER 17, 1991 Formal Session 2:00 PM
11/27/91 mlm
M I N U T E S
VInGINIA 13EACFI CITY COUNCIL
Virgllila Bcacll, Virglnfa
December 3, 1991
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANACERIS BRIEFINGS in the Council Chamber, City Hall Building, on
December 3, 1991, at 11:30 AM.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
- 2 -
C I T Y M A N A G E R ' S B R I E F I N G
ADVANCED REFUNDING OF BONDS ANALYSIS
11:30 A.M.
ITEM 35126
The City Manager introduced Kimberly K. Edwards, Government Finance Research
Center, who distributed information relative PROPOSED REFUNDING, SERIES 1992.
The City's Financial Advisors, Government Finance Research Center, prepared an
analysis which indicated substantial savings in the City's debt service costs
by the issuance of refunding bonds. A large portion of the City's debt was
refunded in 1985 and 1986. The bonds reviewed were the Series 1985 General
Obligation Bonds/ Public Improvement Bonds and Water and Sewer Bonds.
SAVINGS
Present Value $825,891 (refunding 1985 bonds)
% of Refunded Bonds 6.106%
% of Refunding Bonds 5.634%
Refunding does not require the use of additional Charter Bond authorization.
Because of recent amendments in the Public Finance Act, the City may issue
Refunding Bonds at a par amount above the amount of the Refunded Bonds. The
City is required to submit an application to the State Council, which meets on
the third Wednesday of each month. The City is currently scheduled to have a
sale of Water and Sewer Revenue Bonds the last week of January. As these two
sales should not coincide or conflict, the Refunding Sale should be done in the
middle of February.
Mrs. Edwards advised of a typographical error in the report. The Total Uses
would actually be $14,660,000 (par amount required) not $15,660,000.
A Resolution authorizing the City Manager to file an application with the State
Council on Local Debt re issuance and sale of refunding bonds is SCHEDULED for
today's City Council Session, December 3, 1991 (item 1.3 under Resolutions).
- 3
C I T Y M A N A G E R S B R I E F I N G
FIVE-YEAR BUDGET REVIEW SCHEDULE
11:40 A.M.
ITEM # 35127
E. Dean Block, Assistant City Manager for Economic Mangement, discussed the
FIVE-YEAR BUDGET REVIEW SCHEDULE outlined in C. Oral Lambert's memorandum of
November 22, 1991. This approach would be more interactive and would require a
greater commitment of both staff and City Council time. Two meetings would be
required. A presentation would be accompanied by work sheets and surveys for
Council to review, analyze and address issues and priorities. The second
meeting would be to review and discuss City Council feedback and obtain the
benefit of Council guidance, based on their work on the surveys and work
sheets.
The City Staff had outlined various dates prior to, and after, the Christmas
Holidays for City Council's consideration. However, because of the Holiday
Schedule, the January dates might prove preferable both to the City Council and
City Staff. The January dates also offer more flexibility.
January 3 Transmit materials to City Council in package
January 4-6 opportunity for Individual pre-presentation review and
clarification
January 7 Presentation
January 9 or 13 Discussion and guidance (speclal workshop)
If the Budget materials are available, prior to the Christmas Holiday, they
will be forwarded.
- 4 -
ITEM # 35128
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndort in the Counci I Chambers, City Hal I Bul Iding, on
Tuesday, December 3, 1991, at 11:50 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 5 -
ITEM # 35129
Mayor Meyera E. Oberndorf ent,rt,!,ed a moti n to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant t. 0 Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
s 0
1. PERSONNEL MATT Discussion or considerati n f or interviews of
!dates for employment, assignment, appointment, promotion,
performance, dei otion, salaries, discipi ining, or resignation of speci tic
publ ic off icers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
TO-Wit: Appointments: Board of Building Code Appeals
Clean Community Commission
Community Development Citizens Advisory Committee
Planning Commission
Resort Area Advisory Commission
School Board
Southeastern Tidewater Opportunity Project, Inc.
2. PUBLICLY-HELD P ERTY: Discussion or consideration of the condition,
a use of real property for public purpose, or Of the
disposition of publ icly-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 pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of property for relocation of Dredge Operations
Division - Lynnhaven Borough.
3. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff
embers, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: ads. Oxford House
Upon motion by Vice Mayor FentresIs, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUT VE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W- Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 3, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Tuesday,
December 3, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Pau I J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Donald Staton
Chaplain - Virginia Beach Police
PLEDGE OF ALLEGIANCE TO THF FlAr nW THE UNITED STATES OF AMERICA
7
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35130
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
46,
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35129,
Page No. 5 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
th Hod ge. .th, CMC/AAE
ty Cle@k December 3, 1991
8
Item 111-F.I.
MINUTES ITEM # 35131
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Counci I APPROVED, AS CLARIFIED, the Minutes ot the INFORMAL AND FORMAL SESSION@
of November 26, 1991.
ITEM # 35097, Page 31
ORDINANCE UPON APPLICATION OF OCEAN BREEZE FESTIVAL
PARK, INC. (AQUA SPORTS, INC.) FOR A CONDITIONAL
USE PERMIT FOR RECREATIONAL FACILITIES OF AN
OUTDOOR NATURE R0686849
For clarification, the tol lowing verbiage shal I be
added after Condition 9 D.
D. Noise shall be monitored and evaluated according
to acceptable decible standards. (The acceptable
level will be determined by professional
n
n ' neers tra,ned n nc,, s a@t,,nua
t.r, r r
da d,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 9 -
Item Ill-G.l.
PUBLIC HEARING ITEM # 35132
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED EXTENSION IN THE 5% TAX LEVY ON HOTELIMOTEL LODGING
FOR ADDITIONAL YEAR, FROM I MAY 1992, UNTIL I MAY 1993.
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
THEBEACON NOVEMBER24,1991
LIC NOTICE
PROPOSED EXTENSION OF TAX RATE
Virginia Beach City Council will hold a:
PUBLIC HEARING
Tuesday - December 3,1991;
City Council Chamber - 2:00 p.m.
on a proposed ordinance extending the .5-'percent
increase in the tax levy on hotel/mot-el lodging for an
additional year, from May 1, 1992 until May 1, 1993.
Proceeds will be used for continuing the special
events program for the Oceanfront area to promote
the Resort Area as a place for the entertainment of
both visitors and residents.
Interested speakers may register with the City Clerk
by calling 427-4303 prior to the public hearing,
Ruth Hod es Smith, CMC/AAE
9
Cit Clerk
y
- 10 -
Item Ill-G.2.
PUBLIC HEARING ITEM # 35133
Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING:
PROPOSED ISSUANCE OF REVENUE BONDS BY NEWPORT NEWS
REDEVELOPMENT AND HOUSING AUTHORITY IN BEHALF OF
VIRGINIA MOUNTAIN HOUSING, INC. FOR TWO (2) MULTI-
FAMILY HOUSING PROJECTS:
LYNNHAVEN LANDING APARTMENTS - VIRGINIA BEACH
HICKORY POINT APARTMENTS - NEWPORT NEWS
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
NOTICE OF PUBLIC HEARING ON PROPOSED
REVENUE BOND FINANCING BY THE NEWPORT NEWS
REDEVELOPMENT AND HOUSING AUTHORITY
Notice is hereby given that a public hearing will be held by
the city Council of the City of Virginia Beach, Virginia to
consider the proposed issuance by the Newport News Redevelopment
and Housing Authority (the "Authority") of its revenue bonds
pursuant to the Code of Virginia (the "Actit) . The proposed
issuance of the Authority's revenue bonds in an amount not to
exceed $14,000,000 will assist Virginia Mountain Housing,
Incorporated, a Virginia not-for-profit corporation exempt under
Section 501(c) (3) of the Internal Revenue Code of 1986, as
amended, with offices at 930 Cambria Street N.E., Christiansburg,
Virginia 24073, to finance the acquisition of a multi-family
residential rental project to be occupied by persons of low and
moderate income containing 252 units located at 2595 Reagan Avenue,
Virginia Beach, Virginia and known as "Lynnhaven Landing."
The public hearing, which may be continued or adjourned, will
be held at 2:00 p.m. or as soon thereafter as may be heard on
December 3, 1991, at City Council Chambers, Municipal Center,
Virginia Beach, Virginia. As required by the Act, neither the
commissioners of the Authority nor any person executing the bonds
shall be liable personally on the bonds by reason of the issuance
thereof. The bonds shall not be a debt of the City of Newport
News, the City of Virginia Beach, the Commonwealth of Virginia or
any political subdivision thereof (other than the Authority), and
neither the City of Newport News, the City of Virginia Beach, the
Commonwealth of Virginia nor any political subdivision thereof
(other than the Authority), shall be liable thereon, nor in any
event shall such bonds be payable out of any funds or property
except those of the Authority specifically pledged therefor. Any
person interested in the issuance of the bonds or the location or
nature of the proposed project may appear to be heard. Information
concerning the project is on file and open for inspection at the
City Clerk's office at the municipal Center, Virginia Beach,
Virginia during normal business hours.
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, Virginia
Clerk
Date: 1991
Item
ORDINANCE ITEM 35134
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 35-159 of
the Code of the City of Virginia Beach, Virginia,
re extension of 5% tax fevy on hotel/motel
lodging for additional year from May 1, 1992, until
May 1, 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 35-159 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 TAX LEVY.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 35-159 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section Section 35-159 - Levied; amount.
11 There is hereby levied and imposed on each transient a
12 tax equivalent to five (5.0) percent of the total amount paid for
13 lodging, by or for any such transient, to any hotel.
14 This tax rate, effective May 1, 1991, shall remain in
15 effect until 1993, at which time it shall be
16 reduced by one-half (0.5) percent.
17 The tax rate of four and one-half (4.5) percent shall
18 thereafter remain in effect until June 30, 2005 at which time it
19 shall be reduced by one-half (0.5) percent.
20 This ordinance shall be effective on the day
21 of adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia
23 on the 3 day of December 1991.
24 CA-4501
25 \ordin\proposed\35-159.pro
26 R-1 APPROVED AS 10 Co s
NT
APPROVED AS TO LEGAL
SUFFICIENCY AND FODAA
- 12 -
Item III-H.2.
ORDINANCE ITEM # 35135
Ken Palmer, 1805 Templeton Court, Phone: 481-0788, represented the Virginia
Beach Development Authority.
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance authorizing loan of funds from the
General Fund Balance to the Virginia Beach
Development Authority in an aggregate amount not to
exceed $750,000 for working capital.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
AN ORDINANCE ATJTHORIZING THE LOAN OF FUNDS
1 FROM THE GENERAL FUND BALANCE TO THE CITY OF
2 VIRGINIA BEACH DEVELOPMENT AUTHORITY IN AN
3 AGGREGATE AMOUNT NOT TO EXCEED $750,000
4 WHEREAS, the city of virginia Beach Development Authority
5 (the "Authority") was created pursuant to Section 643 of the Acts
6 of Assembly of 1964 (as amended) (the "Acts");
7 WHEREAS, Section 10 of the Acts provides that 11(t]he City
8 is authorized and empowered to make appropriations and to provide
9 funds for the operation of the Authority and to further its
10 purposes";
11 WHEREAS, the Authority has recognized a potential need to
12 borrow funds from the City for the purpose of continuing the
13 development of Authority-owned property;
14 WHEREAS, at its regularly-scheduled meeting on November
15 19, 1991, the members of the Authority voted 6-0 (with one member
16 absent) to request City Council to authorize the loan of funds to
17 the Authority in an aggregate amount not to exceed $750,000; and
18 WHEREAS, City Council has determined that it is in the
19 best interests of the City to authorize the loan of funds to the
20 Authority to assist the Authority in its efforts to promote and
21 enhance economic development in the city.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the loan of funds from the General Fund Balance to
25 the City of Virginia Beach Development Authority in an aggregate
26 amount not to exceed $750,000 is hereby authorized;
27 That the funds are to be loaned based upon specific
28 requests of the Authority; and
29 That the funds are to be repaid to the City upon terms
30 and conditions to be determined by the City Manager, after
31 consultation with City staff and the City's financial advisors, at
32 the time funds are loaned in response to a specific request.
33 Adopted by the Council of the City of virginia Beach,
34 virginia, on the 3 day of December 1991.AJYROVED AS TO CONTft*S
SIGNA7URE
35 CA-4476
36 NON-CODE/DALOAN.ORD DEPARTP@R-NT
37 R-4
APPROVED AS TO LEGAL
su AND FORIA
TY ATTORNEY
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- 13 -
Item III-H.3.
ORDINANCE ITFM # 35136
Upon m,tion by Vice Mayor Fentress, seconded by Councilman Jones, city Council
ADOPTED:
Ordinance establishing tax levy on motor vehicles
owned and regularly used by certain disabled
veterans for the calendar year 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Bau,, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Councilmember Harold Heischober
I AN ORDINANCE ESTABLISHING THE TAX
2 LEVY ON MOTOR VEHICLES OWNED AND
3 REGULARLY USED BY CERTAIN DISABLED
4 VETERANS FOR THE CALENDAR YEAR 1992.
5
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH:
10 In accordance with Section 58.1-3506(A)(16) of the Code
11 of Virginia (1950), as amended, there shall be levied and collected
12 for the calendar year 1992, taxes on a motor vehicle owned and
13 regularly used by a veteran who has either lost, or lost the use
14 of, one or both legs, or an arm or a hand, or who is blind or who
15 is permanently and totally disabled as certified by the Department
16 of Veterans' Affairs, at the rate of ONE DOLLAR AND FIFTY CENTS
17 ($1.50) on each ONE HUNDRED DOLLARS ($100.00) of assessed
18 valuation.
19 in order to qualify, the veteran shall provide a written
20 statement to the commissioner of Revenue from the Department of
21 Veterans' Affairs that the veteran has been so designated or
22 classified by the Department of Veterans' Affairs as to meet the
23 requirements of Section 58.1-3506(A)(16), and that his disability
24 is service connected. For purposes of this ordinance, a person is
25 blind if he meets the provisions of Section 46.2-739 of the Code of
26 Virginia (1950), as amended.
27 Each veteran who meets the requirements of this ordinance
28 shall be entitled to have one (1) motor vehicle which he owns and
29 regularly uses taxed at the rate established herein. Any motor
30 vehicles in addition to the one (1) so taxed shall not qualify for
31 taxation at the rate established herein, and shall be taxed at the
32 rate or rates applicable to that class of property.
33 The motor vehicles mentioned in this ordinance shall be
34 assessed at actual fair market value, as determined by the
35 Commissioner of Revenue for the City of virginia Beach.
36 This ordinance shall be effective January 1, 1992.
37 Adopted by the Council of the City of Virginia Beach this
38 3 day of December 1 1991.
39
40
41
42 CA-4474
43 Noncode\DAVTAX.ORD
44 R-1
45
2
- 14 -
Item 111-H.4-
ORDINANCE ITEM # 35137
The following spoke in SUPPORT of the sand replenishment at SANDBRIDGE:
Attorney Ed Bourdon, Pembroke One, represented the Sandbridge Ocean Front
Property Owners Association. Attorney Bourdon distributed a Resolution ADOPTED
on September 7, 1991, at the annual meeting of the Sandbridge Ocean Front
Property owners Association. This Resolutlon authorized the Association to
proceed immediately with a definitive Easement Agreement. Said resolution is
hereby made a part ot the record.
Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, President of the Sandbridge
Beach Civic League
Helen McDonald, 2360 Sandfiddler Road, represented herself
Ernestine Middieton, 1612 Wakefield Drive, Phone: 464-2119, Chairman -
Virginia Beach Erosion Commission. Mrs. Middleton distributed a Resolution
supporting eftorts to Nourish Sandbridge Beach adopted by the Virginia Beach
Erosion Commission on December 2, 1991. Said Resolution is hereby made a part
of the record.
Linwood Branch, 773 Arctic Avenue, Phone: 428-6141, represented the Virginia
Beach Hotel/Motel Association.
Dr. E. Sayegh, 220 Marlin Lane,
Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000
The following requested DEFERRAL:
Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, President of the
Virginia Beach Council of Civic Organizations. Mr. Jackson requested DEFERRAL
of thirty days for careful deliberation by the Council of Civic Organizations.
The following reglstered in OPPOSITION to the sand replenlshment at SANDBRIDGE:
Doran E. Ford, 5013 Bellamy Manor Drive, Phone: 495-0317
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, represented the Citizens
Action Coalition
Chuck Traub, 784 Glasgow Court, Phone: 340-9056. Statement of Mr. Traub is
hereby made a part of the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Robert Dean, 1204 Shawn Drive, Phone: 427-6606
Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City
Council ADOPTED:
Ordinance to TRANSFER $450,000 from CIP Project
#2-036 Roadway Advanced Land Acquisition Program to
CIP Project #2-077 Citywide Sand Replenishment
Program; and, to authorize the City Manager to
execute any necessary agreements for the purpose of
funding the City match of the Army Corps of
Engineers' sand replenishment project at Sandbridge
Beach.
1 5
Item 111-H.4.
ORDINANCE ITEM # 35137 (Continued)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Haroid
Heischober' Louis R. Jones, Paul J. Lanteigne, Reba
s. mccianan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndort and Nancy K. Parker
Council Members Absent:
None
2 AN ORDINANCE TO TRANSFER $450,000 TO CIP PROJECT
3 *2-077 CITYWIDE SAND REPLENISHMENT PROJECT FROM
4 CIP PROJECT #2-036 ROADWAY ADVANCED IAND ACQUISITION
5 PROGRAM FOR THE PURPOSE OF FUNDING THE CITY HATCH OF AN
6 ARMY CORPS OF ENGINEER SAND REPLENISIMENT PROJECT AT SANDBRIDGE BEACH
7
8
9 WHEREAS, the Governor of the Virginia has been requested to declare the
10 area of Sandbridge a disaster area, thus qualifying for funds from the Army
11 Corps of Engineers for the purpose of replenishing sand at the beaches of
12 Sandbridge to address heavy erosion caused by recent storms;
13
14 WHEREAS, these funds are to be provided on an eighty percent (80%) federal
15 and twenty percent (20%) local match;
16
17 WHEREAS, the city's share of this match is estimated to be $1,200,000;
18
19 WHEREAS, there is $450,000 in CIP Project #2-036 Roadway Advanced Land
20 Acquisition Program available for transfer to CIP Project #2-077 Citywide Sand
21 Replenishment Program, in order to provide the necessary matching $1,200,000.
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
24 VIRGINIA, that funds in the amount of $450,000 be transferred from CIP Project
25 #2-036 Roadway Advanced Land Acquisition Program to CIP Project #2-077 Citywide
26 Sand Replenishment Program;
27
28 BE IT FURTHER ORDAINED that the City Manager is hereby authorized to
29 execute any necessary agreements and to expend funds in the amount of $1,200,000
30 from CIP Project #2-077 as the necessary city match, on an 80% federal - 20%
31 local basis, to funds provided by the Army Corps of Engineers for replenishing
32 sand at the beaches of Sandbridge.
33
34 This ordinance shall be in effect from the date of its adoption.
35
36 Adopted the 3 day of December 1991, by the Council of the City
37 of Virginia Beach, Virginia.
16 -
Item
RESOLUTIONS ITEM # 35138
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Resolution approving the issuance of revenue bonds
by Newport News Redevelopment and Housing Authority
to assist Vlrginia Mountain Housing, Inc. re
acquisition of Multi-Family Residential Rental
Project at Lynnhaven Landing Apartments.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker,
and Wiiliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
RESOLUTION APPROVING ISSUANCE OF REVENUE BONDS
BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY
UNTAIN HOUSING, INC . IN ACQUISITION OF
TO ASSIST VIRGINIA NO INIA BEACH
XULTI-FAMILY RESIDENTIAL RENTAL PROJECT IN CITY OF VIRG
1 WHEREAS, the city council of the City of Virginia Beach,
2 virginia (the "City Council") has held a public hearing to consider
3 the issuance by the Newport News Redevelopment and Housing
4 Authority (the "Authority") of its revenue bonds to assist Virginia
5 Mountain Housing, Incorporated, a Virginia not-for-profit
6 corporation (the "Developer"), in acquiring a multi-family
7 residential rental project to be occupied by persons of low and
8 moderate income containing 252 units, located in Virginia Beach,
9 virginia (the "City") and known as Lynnhaven Landing ("Lynnhaven
10 Landing"); and
11 WHEREAS, Section 147(f) of the Internal Revenue Code of
12 1986, as amended (the "Codell) , provides that both the governmental
13 unit having jurisdiction over the issuer of bonds, and the
14 governmental unit having jurisdiction over the area in which anY
15 facility financed with the proceeds of such bonds is located shall
16 approve issuance of such bonds; and
17 WHEREAS, Section 36-23 of Chapter 1, Title 36 of the Code
is of Virginia of 1950, as amended (the Act), additionally provides
19 that any housing authority may exercise any or all of its powers
20 within the territorial boundaries of any municipality not included
21 in the area of operation of such housing authority, for the purpose
22 of financing a multi-family residential building or buildings
23 within such municipality provided that a resolution shall have been
24 adopted (a) by the governing body of such municipality in which the
25 housing authority is to exercise its powers and (b) by the
26 authority of such municipality declaring that there is a need of
27 such housing authority to exercise its powers within such
28 municipality; and
29 WHEREAS, the Authority proposes to exercise its powers
30 within the jurisdiction of the City in connection with the
31 financing of Lynnhaven Landing, and
32 WHEREAS, the City Council constitutes the highest elected
33 governmental body of the city; and
34 WHEREAS, the Authority may not provide financing for
34 Lynnhaven Landing without the prior authorization and approval of
35 the city council;
36 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA:
38 1. There is a need for the Authority to exercise its
39 powers within the City.
40 2. There is a shortage of safe and sanitary dwelling
41 accommodations in the City available to persons of low income at
42 rentals they can afford.
43 3. These conditions can best be remedied through the
44 exercise of the AUthority's powers within the territorial
45 boundaries of the City because this is the most cost-effective
46 method for financing the acquisition of this project.
47 4. The City Council hereby approves the issuance of the
48 Bonds by the Authority for the benefit of the Developer to the
49 extent required by Section 147(f) of the Code and the Act and
50 approves a loan of the proceeds of the Bonds by the Authority, to
51 developer to finance the acquisition of Lynnhaven Landing.
52 5. The approval of the issuance of the Bonds, as
53 required by Section 147(f) of the Code and the Act, does not
54 constitute an endorsement to a prospective purchaser thereof of the
55 Bonds or of the creditworthiness of Lynnhaven Landing or the
56 Developer, but, as required by Section 36-29 of the Act, the Bonds
57 shall provide that the Bonds shall not be a debt of the City of
58 Virginia Beach, the City of Newport News, the Commonwealth of
59 Virginia or any political subdivision thereof (other than the
60 Authority), and neither the City of Virginia Beach, the City of
61 Newport News, the Commonwealth of Virginia nor any political
62 subdivision thereof (other than the Authority), shall be liable
63 thereon, nor in any event shall such Bonds be payable out of any
64 funds or properties other than those of the Authority specifically
65 pledged thereto. The Bonds shall not constitute an indebtedness
66 within the meaning of any constitutional or statutory debt
67 limitation or restriction.
1
69 6. This Resolution shall take effect immediately upon
70 its adoption.
71 Adopted by the council of the City of Virginia Beach this
72 Third day of December 1 1991.
73 Approved as to Content Approved as to Form
74 /1 @i
75 Mar,
76 Hou! orhood Preservation
1 7
item 111-1.2.
RESOLUTIONS ITEM # 35139
Upon motion by Counci Iman Jones, seconded by Counci lman Heischober, City
Council ADOPTED:
Resolution approving the issuance of hospital
revenue bonds by the Virginia Beach Development
Authority, in an amount not to exceed $78,500,000,
to Sentara Bayside Hospital re tinancing and
acquisition of a 250-bed acute care hospital and
related facilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, APPROVING THE
ISSUANCE OF HOSPITAL REVENUE BONDS TO
SENTARA BAYSIDE HOSPITAL
WHEREAS, the City of Virginia Beach Development Authori-
ty (the "Authority") has considered the application of
Sentara Bayside Hospital, a Virginia nonstock corporation
(the "company"), for the issuance of the Authority's hospital
revenue bonds in an amount not to exceed $78,500,000 (the
"Bonds") to assist in the permanent financing of costs
associated with the Company's acquisition of a 250 bed acute
care hospital and related facilities formerly known as
Humana-Bayside Hospital and located on an approximately 14.5
acre parcel of land at 800 Independence Boulevard (the
"Facility"), and has held a public hearing thereon on
November 19, 1991; and
WHEREAS, the Authority has requested the City Council
(the "Council") of the City of Virginia Beach, Virginia (the
"City"), to approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"); and
WHEREAS, pursuant to S 15.1-1378.1 of the Code of
Virginia 1950, as amended, a copy of the Authority's resolu-
tion approving the issuance of the Bonds, subject to terms to
be agreed upon, and a reasonably detailed summary of the
comments, if any, expressed at the public hearing have been
filed with the Council of the City;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the issuance of
the Bonds by the City of Virginia Beach Development Authority
in a principal amount not to exceed $78,500,000 for the
permanent financing of the acquisition of the Facility to the
extent required by Section 147(f) of the Code.
2. The approval of the issuance of the Bonds does not
constitute an endorsement of the Bonds or the creditworthiness
of the Company; and, pursuant to Chapter 643, Virginia Acts
of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay
the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor,
and neither the faith or credit nor the taxing power of the
Commonwealth of Virginia, the City or the Authority shall be
pledged thereto.
3. In approving this Resolution, the City, including
its elected representatives, officers, employees and agents,
shall not be liable and hereby disclaims all liability for
any damages to any person, direct or consequential, resulting
from the Authority's issuance of the Bonds for the Facility.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on December 3, 1991.
I certify the foregoing to be a true and correct copy of
a resolution adopted by the City Council of the City of
Virginia Beach, Virginia, at a regular meeting held
December 3, 1991.
Clerk,
City of Virginia Beach
AS TO
ICIENCY
L
2
AMENDED PAGE
SUtitiAllY -Itirr,,r
CITY OF VtR(-,itirA 13FACII Df-,Vr-,Lc)ptirtl'r AiJTIToRITY
l@IOUSTRIAL DEVELOPtiEt4T RFVFti@l-F. 130tiD
1. PROJECT NAMR@: Sentara Bayside Hospital
800 Indup@ndence Blvd.
Virginia Beach, Virginia 23455
3. DESCRIPTION OF PRO,JRCT: Acu-le care hospital & relate@
facilities
4. AMOUNT OF BOTID ISSIJF! $78.5 million
5. PRI'ICIPALS: Sentara Bayside Hospital
6. ZOtIltIC; CLASSIFICATION:
a. Present zoning
Classification of the
Property A-12
b. Is rezoning proposed? Yes x
If so, to what zoning
classilicatic)n? ------
AMENDED PAGE
FISCAL IMPAC-- STATE@IENT
FOR PROPOSED INDUSTRIAL REVEII'UE BO@ID FI'7ANCI@IG
D'-TE: November 19, 1991
TO: THE CITY COUNCIL OF VIRGI@NIA BE'@CH, VIRGII;IA
PROJ@-CT @IAME: Sen'@ara Bavside Hospital
'@'YPE OF '.@CILITY: ;%cut-- Care HosDitai and Reiated Facili-@ies
1. 4axinum amount of @@ina-ci-na souc@t $ 78 5 0 0 , 0 0 0
2. Estimated taxable value of t@le
facility's real propertl,- to '--e N/A
constructed i- -
.1 @he ,nuni-c'--,al-i-tv $
3. Estimated real -roaert,,, -.ax 'jer
year using present tax rates $ N/A
4. Esti-mated personal orc=ert,., --ax
per year usina oresent --ax- rates '4/A
$
5. @-st4-mated merchants' canita-@
(business license) tax t)er
year using present tax ra-@es $ N/A
6. Estimated dollar value @er ..ear
of goods and services t.@at .,Till
be purchased locally $ 9,367,000
7. Estimated number o@@ recular
e.,noloyees on vear @-ound bas@-S 7 2 4
S. Average annual salary per e@,olovee $ 2 1 , 9 5 4
-@he information contained 4-., --his Statement 4-s based
solely on facts and estimates orc%,@-ded by the '@oDlicant, and
the Authority has made no indenendent @-nves-@4-ga-lion wil@h
resiDect thereto.
C--@-Y OF @,'T@G7';IA BEACH
DPVELOP,MEI;T '-UTHORITY
Bv
C'-
,,al.-man
NT
O,OD
ro ect
oca tion
H.1
Project Name: Sentara Bayside Hospital
Project Address: 800 Independence Boulevard
Virginia Beach, VA 23455
Type of Project: Acute care hospital and
related facilities
- 18 -
item 111-1.3.
RESOLUTIONS ITEM # 35140
Upon motion by Vice Mayc)r Fentress, seconded by Counci lwoman Parker, City
Council ADOPTED:
Resolution authorizing the City Manager to f 1 le an
application with the State Council on Local Debt re
issuance and sale of refunding bonds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Councii Members Voting Nay:
None
Council Members Absent
None
1 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH
2 THE STATE COUNCIL ON LOCAL DEBT AS TO THE ISSUANCE AND
3 SALE OF REFUNDING BONDS OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA
5 WHEREAS, the city of Virginia Beach, Virginia (the
6 Icity"), has debt outstanding;
7 WHEREAS, the City, in conjunction with its financial
8 advisors, has determined that it is in the best interest of the
9 City to refund certain portions of its 1985 Public Improvement
10 Bonds (Series of 1985), its 1985 Water and Sewer Bonds (Series of
11 1985), its 1986 Water and Sewer Refunding Bonds, its 1981 Water and
12 Sewer Bonds (Series of 1981), and any other such issues as may
13 permit the five (5) percent present value savings as required by
14 the State Council on Local Debt (the "Outstanding Bonds") to take
15 advantage of favorable market conditions; and
16 WHEREAS, prior to refunding the Outstanding Bonds, the
17 City rnust obtain the approval of the State Council on Local Debt as
18 to such refunding;
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 1. The City Manager is hereby authorized to pursue the
22 necessary requirements for the issuance of bonds (the "Bonds") to
23 refund the Outstanding Bonds.
24 2. The City Manaqer is hereby authorized and directed
25 to apply to the State Council on Local Debt for approval for the
26 issuance of the Bonds. The Bonds shall not be issued until their
27 issuance shall have been approved by the State Council on Local
28 Debt, as required by Section 15.1-227.46 of the Code of Virginia of
29 1950, as ainended.
30 3. The City Manager is further authorized to request
31 proposals for an underwriter of this advance refunding issue.
32 4. This resolution shall take effect inmediately.
33 Adopted by the Council of the City of virginia Beach,
34 Virginia, on the Third day of December 19 91
35 CA-91-4505 AP=y T@CONTENTS
36 RES\NONCODE\debt.res S' URE,//
37 R3
EP
APPROVE@S TO LEGAL
- 19 -
Item III-I.4.
RESOLUTIONS ITEM # 35141
Julie Bright, represented the Virginia Dare Soil and Water Conservation
District, and advised the plans would be developed for working farms.
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Resolution authorizing and directing the City
Manager to execute a Memorandum of Understanding
between the City of Virginia Beach and the Virginia
Dare Soil and Water Conservation District re Soil
and Water Quality Conservation Plans as required by
the Chesapeake Bay Preservation Act.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
APPPOVCD AS TO
Dept. Natural Resources &
AP2r@OVED A,;
OTY ATTORNEY
I A RESOLUTION AUTIIORIZING AND DIRECTING T[iE
2 CITY MANAGER TO EXECUTE A MEMORANDUM OF
3 UNDERSTANDING BETWEEN THE CITY OF VIRGINIA
4 BEACH AND THE VIRGINIA DARE SOIL AND WATER
5 CONSERVATION DISTRICT
6 WHEREAS, pursuant to the provisions of the Chesapeake
7 Bay Preservation Act, the Virginia Dare Soil and Water conservation
8 District (hereinafter referred to as the District) is responsible
9 for approval of Soil and Water Quality Conservation Plans required
10 by the Act and for approval of buffer area reductions in
11 agricultural lands based upon participation in a federal, state or
12 local Best Management Practice Program or implementation of a Soil
13 and Water Quality Conservation Plan; and
14 WHEREAS, the City and the District have the common
15 objective of conserving and protecting water, land and related
16 resources;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the City Manager be, and hereby is, authorized and
20 directed to execute, on behalf of the City of Virginia Beach, the
21 attached Memorandum of Understanding between the District and the
22 City.
23 Adopted by the City Council of the City of Virginia Beach
24 on the 3 day of December 1991.
25 CA-4345
26 \ordres\vadare.res
27 R-1
MFkIORANDUM OF UNDERSTANDING
beLween the
Virgiiiia Day-e
Sol[, AND WATER CONSERVA'FION DIS'PRIC'I'
and
City of Virginia Beach
LOCALITY
The Virginia Dare Soil and Water Conservation District,
hereinafter, referred to as the "Distr c@ and the city of Virginia Beach I
hereinafter referred to as the "Locality" have entered into a memorandum -of
understanding. The memorandum establishes a basis for the cooperation of the
District and the Locality.
The District under the provisions of the Chesapeake Bay Preservation Act
hereinafter called the "Act", is responsible for approval. of the Soil and Water
Quality Conservation Plans required by the Act. The District is further responsible
for approval of those requests for buffer area reductions which are based on
participation in a federal, state, or local Best Management Practice Program or
implementati,)n of a Soil and Water QualiLy CoriservaLioll Plaii.
The Locality under the provisions of the Act is responsible for developing
measures which comply with the Act and its regulations. The Locality is directed
by these regulations to encourage and promote programs which: 1) protect existing
high quality waters and restore all others; 2) safeguard clean waters from pollution;
3) prevent an inct-ease in pollution; 4) reduce existing pollution; and 5') promote
water resource conservation for present and future citizens.
The District and the Locality have the common objeclive of helping to bring
about the conservation, and wise use of land, water, and relate(I resources. They,
therefore, enter itito this metnorandum of understanding as the foundatioll for an
enduring cooperalive working arrangement.
A. ROLE OF THE DISTRICT
1. The District will adopt a procedure identifying agricul.tural lands within
the Chesapeake Bay Preservation Area.
2. The District will develop a list of agricultural- landowners and landusers
affected by the Act.
3. The District will provide for, and coordinate cooperating agencies in,
the delivery of soil and water conservation planning assistance to users of
agricultural lands within the Chesapeake Bay Preservation Area.
4. In concert with the local Agriculture Department, Extension Service,
SCS and other cooperating agencies, the, District will adopt a procedure for
prioriLizing assistance to users of agricultural lands within the Chesapeake Bay
Preservation Area.
5 . The District will track approval of soil and waler onservation plans
for these lands.
6. The District wi 1,1, approve )ii a niotilhly I)asis @all redlictinns i@.[l I)uffer
widths oti agricultural lands within Llie Chesapeake Bay Preservation Areas after
determining equivalency to a 100-foot buffer width, as provi.ded for in the final
regulations of the Act.
7. The District will assist the Locality with checks for user compliance
with approved soil aiid water conservation plaiis and buffer area reduction criteria.
8. The District will report to Lhe Locality, and the appropriate state
agency, on a quarterly basis regarding soil and water quality conservation planning
progress, buffer area reduction approvals, and compliance check findings.
9. The District Conservation and Water Quality Specialists will coordinate
with local, state and federal cooperating agencies and other groups, an educational
program to inform farmers and agricultural. landowners aboul the 1)rogram, procedures,
advantages, and alternatives.
10. The District will work to obtain riecessary technical and financial
assistance for the implementation of the agricultural regulations of the Act.
ii. The District will commeiit, in writing within sixty days of receipt, on
individual requests for exceptions to the agricultural regulations of the Act which
have been referred to the District by the Locality.
B. ROLE OF THE LOCALITY
1. The Locality will designate and map the Chesapeake Bay Preservation Areas
as directed in the regulations.
2. The Locality will provide Preservatioti Area maps to the District.
3. The Locality will review and revise its compreherisive plan, as necessary,
for compliance with the Act.
4. The Locality will review and revise its zoning and subdivision ordinances,
as necessary, for compliance with the Act.
5. The Locality will establish and implement an enforcement and appellate
procedure for requiring agricultural landowners to comply with the Act.
6. The Locality will establish a procedure for assuring compliance with
the Act.
7. The Locality will inform the District, in writing, of all decisions
affecting the implementation of the Act at the local level, and will, when
circumstances suggest, authorize its legal counsel to commuiiicate any such decisions
or other matters to the District.
8. The Locality will work to obtain necessary technical and financial
assistance for implementation of the Act.
9. The Locality will refer to the. District, for comment, all individual
requests for exceptions to the agricultural regulations of the Act.
10. The Locality will continue to support the District.
C. IT IS FURTHER UNDERSTOOD THAT
1. Either party, as mutually agreed upon in writing, will provide or arrange
for such additional services, facililies, equipment, inaterials, and arrangements
as may be required to achieve common ob,jectives.
2. Any exceptiort requesl not (-onimetited on by the District wi.thin the
sixty-day commeiil period caii be acted ori I)y Llie Loca.]iLy WIL[IQLIL District input.
3. The District and the Locality will nieet at least annually to coordinate
Cliesapeake Bay PreservaLion Act Prograin delivery for maxiinum effectiveness.
4. The prograin ivill be cotiducted in compliance with all requirements
respecting nondiscrimination as contained in the Civil Rights Act of 1964, as
amended, the Civil Rights Restorarion Act of 1987 and other nondiscrimination
statutes.
5. This memorandum of understanding will be effective when signed by both
parties and will continue in effect until modified or terminated by mutual consent
of the parties hereto, or may be terminated by either party by giving 60 days notice
in writing to the olher party.
6. The District is acting in its governmental capacity when it undertakes
the duties established lierein, and that neither the District nor any individual
Director, waives any immunity established by the laws of the Commonwealth.
The signing of this memorandum of underslanding on behalf of the District
was authorized 22 by a resolution. of the District Governing Board adopted at a meeting
held on Lhe day of March 1991.
Virginia Dare
CONSERVATION DISTRICT
bv: by:
District Secretary
Date: March 22 1991 Date: March 22 1991
The signing of this memorandum of understanding on behalf of the Locality
was authorized by a resolution of the Locality Governing Board adopted at a meetiiig
held on the day of 1991.
LOCALITY
by: by:
City Manager City Clerk
Date: 1991 Date: 1991
Emergency Regulations
b. For new construction, provide a reserve sewage quality of surface water dischii-ge, as deterinined by
disposal site with a capacity at least equal to that of the local government, may be exempted from the
the primary sewage disposal site. This reserve requii-einents of tliis subsection.
sewage disposal site requireinent shall not apply to
any lot or parcel recorded prior to October 1, 1989, c. Storinwater management criteria for
and which lot or parcel is not sufficient in capacity redevelopinent shall apply to anY redevelopment,
to accommodate a reserve sewage disposal site, as wlietlier or not it is loc,,ited witiiin an Iniensely
determined by the local health department. Buildinp Developed Area designated by a local goverilinent.
shall be proliibited on the area of all sewage
disposal sites until the structure is served by public D. Land upon wliich agrictilttir,,il activities are being
sewer or an on-site sewage treatment system whicil conducted, includiilg but not lilllited to ci,op-
operates under a permit issued by the State Water production, I)asture, and dairy and feedlot operations,
Control Board. All sewage disposal site records shall shall have a' soil and water quality coiiservation plan.
be adiiiinistered to provide adequate notice and Such a plan shall be based lipon tlie Field Office
enforcement. Technical Guide of the U.S. Departiiient of Agricultilre
Soil Conservation Service and accomplisti water quality
8. Stormwater management criteria which accomplish protectioii consistent with tile Act and tliese
the goals and objectives of these regulations shall regulations. Such a plan will be approved by the local
apply, Soil and Water Conservation District by January 1,
1995.
For development, the post-deveiopnient nonpoint
source pollution runoff load shall not exceed the The boaj,d will request the Department of
pre-development load based upon average land Coliservation and Recreation to evaluate ttie existing
cover conditions. state and federal aprictiltui,al conservation programs
for effectiveness in providing water quality protection.
Re(levelopment of any site not currently served by In the event that, by Jtily 1, 1991, the Department of
water quality best management practices shall Conservation atid Recreation finds that ttie
achieve at least a 10% reduction of nonpoint source implementation of the existing agi-iculttiral
pollittion in runoff compared to the existing runoff conser"tion programs is inadequate to protect water
load from the site. Post-development runoff from quality consistent with the Act and these reguigtions,
any site to be redeveloped that is currently served tll, board will consider the pi-onitilgation of reg,ilations
by w,,iter quality I)est mati,,igeinent pr,,ictices shall to provide more effective I)i,otectioii of ivater qiizility
not exceed tlle existiiig load of nolipoint source froiii agricultural activities and niay require
pollution in surface runoff. iinplemeiltatioti of best mana-emeiit practices on
agricultural lands witliin the Cliesapeake Bay
a, The following stormwater management options Preservation Areas.
shall be considered to comply with this subsection
of tilese regulations: 10. Silvicultural activities in Chesapeale Bay
Preservation Areas are exempt froni tl)ese regulatit,ns
(1) Incorporation on the site of best management provided that silvicultural operations adliere to Nvater
practices that achieve the required control; quality protection procedures prescribed by the
Departnient of FOFestry in its "Best Management
(2) Compliance witli a locally adopted regional Practices Ilaiidbook foi, Forestry Operations." The
stormwater management program incorporating Departnient of Forestty will overs--e and document
pro-rata share payments pursuant to the authority installation of best managernent practices and will
provided in SS 15.1-466@) of the Code of Virginia that monitor instream impacts of forestry operations in
results in acliievement of equivalent water quality Chesapeake Bay Preservation Areas. In the eveilt ttiat,
protection; by July 1, 1991, the Department of Forestry programs
are unable to demonstrate equivalent protection of
(3) Compli,,ince with a state or locally implemented water quality consistent with tlie Act a,ld these
program of stormviater discharge perniits pursuant regulations, the Departnieiit of Forestry will revise its
to SS 402(p) of the federal Clean Water Act, as set programs to assure cotisistency of results and may
forth in 40 C.F.R. Parts 122, 123, 124, and 504, require implementation of best management piactices.
dated December 7, 1988;
11. Local governments sliall require evidence of all
(4) For a redevelopinent site that is completely wetlands perniits requii,ed by law prior to authorizing
impervious as currently developed, restori'ng a grading or other on-site activities to begin.
miiiimurn 20% of the site to vegetated open space.
b. Any maintenance, alteration, use, or improvement SS 4.3. Performance criteria for Resource Protectioil Areas.
to an existing structure which does not degrade the The following criteria sliall apply specifically witilin
Virginia Register of Regulatio?zs
1 144
- 20 -
Item III-I.5.
RESOLUTIONS ITEM # 35142
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED two weeks until the City Council Session of December 17, 1991:
Resolution directing the Planning Commission review
and make recommendation re revisions to the Master
Bikeway Plan and other City ordinances to promote
the development of the City's Bikeway system.
This DEFERRAL will allow broadening of the Master Bikeway Plan to include
"Greenways and Trails", as well as include the creation of a Committe, t, w,rk
in an advisory capacity to the Planning Department.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 21 -
Item III-J.
CONSENT AGENDA ITEM # 35143
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED in ONE MOTION Items 1 and 3 and DEFERRED INDEFINITELY Item
J.2. of the CONSENT AGENDA.
was
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 22 -
Item Iii-J.1
CONSENT AGENDA ITEM # 35144
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance to TRANSFER $49,000 from the Departments
of Police, Public Works and General Services to the
Sheriff's FY 1991-1992 Operating Budget re purchase
of two vehicIL-s for th(5 C(xnmunity Work Force.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO TRANSFER $49,000 IIROM POLICE, PUBLIC WORKS,
2 AND GENERAL SERVICES DEPARTMENT'S PY 1991-1992 OPERATING
3 BUDGETS TO PURCHASE TWO VEHICLES FOR THE COMMITY WORK FORCE
4 WHEREAS, in January, 1991 the Sheriff'B Office instit,ted the
5 utilization of inmate labor, known as the Community Work Force, which provides
6 several city agencies, primarily the Police, Public Works, and General Services
7 Departments, with unskilled manpower;
8 WHEREAS, thib labor force has been instrumental in lebsening the
9 impact on Bervice provision to the citizens which otherwise would have been
10 experienced due to the fibcal constraintb of the City, by allowing departments
11 to shift employees from support roles to direct service providers. The Community
12 Work Force picks up litter from the roadsides, provides all the labor for the
13 office paper recycling program, performs routine building maintenance, and
14 provides janitorial services at buildings and the horse barns;
15 WHEREAS, this labor is provided to the city agencieb at no charge
16 and the Sheriff's Office estimates that for 1991 this haS Baved the city an
17 ebtimated $475,785 in labor COSTB;
18 WHEREAS, the program needs to purchase at an estimated cost of
19 $49,000 two trucks, a 4-door stake body truck and a 4-door cube van, to move both
20 irmates and equipment to job sites;
21 WHEREAS, the Departments of Police, Public Works, and General
22 Services have acknowledged the services provided to their agencies by the
23 Community Work Force and have agreed to provide the necebsary funds for this
24 purchase.
25 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA that $49,000 be transferred from the DepartmentB Of
27 Police, Public Works, and General Services to purchase two vehicles, a 4-door
28 stake body truck and a 4-door cube van, for the Community Work Force.
rdinance shall be effective from the day of its adoption.
3o -@',@idopt on this day December 3, 1991.
L.ECiA
APPROVED AS TO CONTFNT
COMMUNITY WORK FORCE
MONTHLY REPORT
The following is a monthly cepoct On the status Of the
inmates involved in the COMMunity Work Focce. Laboc costs
ace figuced on the salary of an unskilled laborec and
include fringe benefits which comes to &6.05 per hour.
MONTH TOTAL HOURS WORKED MONEY SAVED
JANUARY 874.0 5,288-00
FEBRUARY 2,741.5 16,586.08
MARCH 4,103.0 24,823.15
APRIL 4,899.0 29,638.95
MAY 5,556.0 33,613.81
JUNE 6, 757.0 40,879.65
6,868.0 41,528.20
JULY 0.50
AUGUST 7,708.0 46,85
SEPTEMBER 7,786.0 47,331.10
OCTOBER 10,865.0 65,733-25
NOVEMBER 6,163.0 37,286-15
DECEMBER 6,849.0 41,436.45
YEAR TO DATE 71,1209.5 $ 30,995.29
THESE FIGURES ARE FOR 1990
DP.TE: Noveniber 4, 1991
TO: F,@aiik Drew, sheriff
FRO14: C'apt- A. J. Pallett
SUBJE--T: --Ommkinity Work For,-e
Total Mariliours Worked - mc.ntli c,f Octobf,@r - 8739
Money Saved - S5'@',870.95 (lzate c)f $6.05 per hotir)
. NI)STCWII JID. RINCES'-, A,4NE RD.
40 liOURS 96 HOURS
$242.03 $580.80
BLDG. MAIIITENANCE TRA-ENG PSO NEL
952 HOURS 630 HOURS 331 HOURS
$5,759.60 $3,811.50 $2,00'@.55
POLICE BARN CAIIP PENDLETON CIVIL PROC
192 HOURS IS'2 HOURS 1166 HOURS
$1,161.60 Sl,161.60 $7,054.30
NAS OCEANA
HIGHWAY DEPT.
@'80 HOURS 72 HOURS 250 HOURS
$1,694.00 $43'@.60 $1512.50
KITCHEN JAIL PROPERTY ROOM
50'@ HOURS 266 HCURS 54 HOURS
$3,037.10 $1,609.30 $326.70
ANI@IAL CONTROL CITY RECYCLING COURTHOUSE COMPLEX
-140 HC)URS 264 H-OURS 120 HOURS
$,',057.00 $1,,597,20 $726.00
F E REL. V.B.P.D. (PAL)
1-5-' HOURS 218 HOURS 68 HOURS
$1,524.60 $1,318.90 411.40
INTERNAL WORK FORCE PRINT SHOP RANGE
270 iours -430 HOURS 336 HOURS
$1,633.50 @1,391.50 $2,03'@1.80
GENERAL SERV.
290 HOURS 151 HOURS 210 HOURS
$1,754.50 $919.60 $1,270.50
RECORDS &MGMT. PARK$ & REC.
88 HOURS 32 HOURS 600 HOURS
$532.40 $193.60 $3,630.00
LONDON BRIDGE RD.. BIRDNECK ROAD SHORE DRIVE
54 HOURS 48 HOURS 144 HOURS
$3'16.70 $290.40 $871.1.0
SAVINGS FOR JAIJUARY - $@'8,503.2"
SAV'INGS FOR FEBRUARY - 34,"79.-'O
SAVIIIGS FOF' IIIAR.--H - 42,337.90
SAIIINGS FOR APRII, - 53,899.45
SAVINGS FOR MAY - 49,102."
SAVINGS FOR JUNE - 52,713.65
SAVIN(3S FOR JULY - 51,164.85
SAVINGS FOR AUGUST - 51,981.60
SAVINGS FOR SEPTEMBER - 46,926.35
SAVINGS FOR OCTOBER - 52,870.95
SAVINGS FOR NOVEMBER -
SAVINGS FOR DECEMBER -
TOTAL SAIIINGS
$475,785.05
THESE FIGURES ARE FOR 1991
- 23 -
Item 111-J.2
CONSENT AGENDA ITEM # 35145
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council DEFERRED INDEFINITELY:
LOW BID with advance notice to proceed:
WATERFRONT MARINE West Neck Bridge $1,659,807.45
CONSTRUCTION INC. CIP 2-040
Concernlng bulkhead construction at Sandbridge, the City Engineer had been
advised there were some falled bulkhead sections.
This DEFERRAL will enable a report by City Staff concerning the specifications
utilized in the construction of these bulkheads by Waterfront Marine
Construction, Inc.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item 111-J.3
CONSENT AGENDA ITEM # 35146
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$2,676.72 upon appi ication of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 11/19/91 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Sandbridge Dev Cor'0 91 RE(2/2) 99815-7 6/3/91 1,566.94
American Home Funding 91 RE(2/2) 1187-3 6/5/91 53.98
Abbey & Brenda Horwitz 91 RE(1/2) 53202-5 10/15/90 74.55
Abbey & Brenda Horwitz 91 RE(1/2) 53201-6 10/15/90 21.19
Robert Garrett, Trustee 91 RE(1/2) 30782-1 11/26/90 77.40
TNT Group 91 RE(2/2) 129801-8 6/5/91 200.28
James H & Sheron Harrell 91 RE(1/2) 47799-6 11/28/90 10.08
James H & Sheron Harrell 91 RE(2/2) 47799-6 6/5/91 10.08
James H & Sheron Harrell 90 RE(1/2) 47031-5 11/3/8q 9.53
James H & Sheron Harrell 90 RE(2/2) 47031-5 5/22/90 9.53
James H & Sheron Harrell 89 RE(1/2) 46262-0 12/5/88 8.93
James H & Sheron Harrell 89 RE(2/2) 46262-0 5/24/89 8.93
Ocean East Associates 90 RE(1/2) 83859-9 12/5/89 29.92
Alice Ridley 90 RE(1/2) 94988-0 1/23/90 68.14
Alice Ridley 90 RE(2/2) 94988-0 7110190 67.60
Milton Edward Johns 90 RE(1/2) 56191-2 12/1/89 123.07
Milton Edward Johns 90 RE(2/2) 56191-2 6/4/90 123.07
Milton Edward Johns 89 RE(1/2) 55319-4 11/29/88 106.75
Milton Edward Johns 89 RE(2/2) 55319-4 6/5/89 106.75
Total 2,676.72
This ordinance shall be effective from date of adoption.
The g@r
.@@batement(s) totaling ym"t
$2, were approved by
the Council of4he City of V@pinia 199,
Beach on the day of cemb
Treasurer
Ruth Hodges Smith
City Clerk
L L LIley, City
- 25 -
Item Ill-K.1
PUBLIC HEARING ITEM # 35147
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
(a) AQUA INVESTMENT ASSOCIATES, L.P. STREET CLOSURE
- 26 -
Item Ill-K.l.a
PUBLIC HEARING ITEM # 35148
PLANNING
Attorney Pamela J. Pis cateII i , Post Off ice Box 3037, Norfolk, Phone: 624-3313,
represented the applicant.
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
AUTHORIZED FINAL APPROVAL, with the revision of Paragraph No. 5 in the
Agreement of Covenants and Conditions (See: Condition No. 8 of the Ordinance
Item #35101, 11/26/91), of the Ordinance upon application of AQUA INVESTMENT
ASSOCIATES, L.P for the discontinuance, closure and abandonment of a portion of
39th Street.
Ordinance upon application of Aqua Investment
Associates, L.P. for the discontinuance, closure
and abandonment of a portion of 39th Street
beginning at a point 65.43 feet east of Atlantic
Avenue and running in an easterly direction a
distance of 84.57 feet along the northern property
line. Said parcel contains 3,182 square feet.
VIRGINIA BEACH BOROUGH.
The Agreement ot Covenants and Conditions is hereby made a part of the
proceedings.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
S. Grantor shall keep open, from May 1 to October 1 of
each and every year, those electronic, approach-activiated
doors which are now upon the Area Closed, and which shall be
a part of any structure constructed and/or maintained upon
the Area Closed, such that open access, i.e., open doorways,
shall be maintained across and through the easement (the
'Easement") conveyed to the City by Deed of Easement of
Grantor dated December 2, 1991 and recorded in the Clerk's
Office contemporaneously herewith. During inclement weather
(i.e., windy, rainy or cold weather conditions) during the
period referenced above, and at any time from October 2 to
April 30, Grantor shall be permitted to shut such doors so
long as such doors will open upon approach. At no time will
such doors be locked or maintained in a condition whereby
access is in any way prohibited. Grantor shall keep such
doors in good working order and repair at all times.
THIS AGREEMENT OF COVENANTS AND CONDITIONS, made as of
I 1991, by and between AQUA
the @ day of ", /1 -11, --
INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership
("Grantor"); and THE CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation ("Grantee").
WITNE SETH THAT:
WHEREAS, by deed of Oceanview/Virginia Beach Real Estate
Associates, a Virginia limited partnership, dated March 18,
1991 and recorded in the Clerk's o@rf'@ce of the Circuit Court
of the City of Virginia Beach, Virginia (the "Clerk's Of-
fice"), in Deed Book 2975, at page 1150, Grantor was conveyed
title to certain real property located in the Virginia Beach
Borough o,f the City, therein more particularly described, and
commonly known as the 39th Street Holiday Inn; and
WHEREAS, Grantor intends to renovate and expand the
39th Street Holiday Inn, and in connection therewith, applied
to the Grantee for the closure of a portion of 39th Street.
Such application (the "Application") is referred to by the
Gran-lee as Application Number 7475; and
IqHEREAS, Grantor acknowledges that in order to alleviate
some of the effects that the proposed expansion of the
39th street Holiday Inn onto the area of 39th Street proposed
for closure (the "Area closed") may have on the public,
certain reasonable conditions governing the physical develop-
men@,, operation and use of the Area Closed for the protection
of the community are needed to re5olve the situation to which
nsion gives rise; an6
the Grantor's proposed expa
WHEREAS, Grantor has voluntarily, in advance of and
prior to the public hearing before the Grantee, proffered as
a part of the Application, in writing, the following reason-
able conditions relating to the physical development, opera-
tion and use of the Area Closed, including an agreement to
develop the Area Closed in accordance with those certain
final renderings entitled "Holiday Inn on the ocean, A
Distinctive Resort Hotel" made by Williams, Tazewell &
Associates, and consisting of two sheets? the first of which
is labeled "Holiday Inn On the Ocean" and the second of which
is labeled "Swimming Pool Plaza," which sheets are on file at
the Planning office of the Grantee (collectively, the 'Ren-
dering"); and
1%7EREAS, said conditions having been prof@Oered by the
Grantor and allowed and accepted by the Grantee as part of
the Application, such conditions shall continue in full force
and effect, unless these conditions are amended or varied by
2
written instrument recorded in the Clerk's Office, and
executed by the record owner of the Area Closed at the time
of recordation of such instrument; provided, further, that
said instrume-t is consented to by the Grantee in writing as
evidenced by a certified copy of an ordinance or a resolution
adopted by the governing body of the Grantee, after a public
hearing before the Grantee advertised pursuant to the provi-
sions of the Code of virgi.nia, Section 15.1-431, which said
ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not
so recorded, said instrument shall be void;
NOW, THEREFORE, Grantor, for itself, its heirs, personal
representatives, assigns, grantees, and other successors in
title or interest voluntarily and without any requirement by
or exaction from the Grantee or its governing body and
iqithout any element of compulsion or quid pro quo for the
closure of the Area Closed, hereby makes t.he. following
declaration of conditions and restrictions as to the physical
development and operation of the Area Closed and governing
the use thereof and hereby covenants and agrees that this
Agreement shall constitute covenants running w,'-th the Area
Closed, which shall be binding upon the Area Closed and upc-n
a'-! parties and persons claiming under or through Grantor,
3
its heirs, perso,al representatives, assig,s, grantees ane
other successors in title or 4-nterest; namelyl
1. All development within the Area closed, including
but not limited to the construction or installati-on of
dscaping and signage, shall be constructed,
structures, lan
installed Iand maintained in substantial conformity, with the
Rendering.
2. The elevator equipment room to be constructed upon
d to service the elevator tower sh-n on the
the A.rea close (9) feet in height measured
Re,der4-ng shall not exceed nine ation") which ir,
from the ground elevation ("Ground E3.e"
hereby defined as 19.45 feet above sea level.
3. Except as hereinafter provided, all bu,-ldings and
/or maintained upon the A:rea closed
structures constructed and ne-half (lo 1/2) feet in height
.hall not exceed ten and 0
measured from Ground Elevation; provided, however, (a) the
elevator equ4-pment room shall be subilect tO the height
limitation set forth in paragraph 2 above, and (b) the height
t d of glass and steel,
of the el6vator tower, to be construc e
shall be governed.by the zoling ordinance of Grantee.
4
4. Grantor shall not construct at,p any building built
upon the Area closed, the pyramidal cupola which appears on
the second sheet 01 the Renderinc,,, but whi.ch does no@@ appear
on the first sheet thereof.
tor shall keep open, from May 1 to october 1 04
5. Gran
each and every year, those doors which are a part of any
s-ructed and/or maintained upon the Area closed
structure con
vide open access from 39th Street to Atlantl-c
and shall PrO yed to
Boulevard across the easement (the -Easement") conve
the City by Deed of Easement of Grantor dated , dt rr, b e,,
1991 and recorded in the Clerk's office contemporaneously
herewith. Provided, however, during inclement weather the
'tted to close such doors So long as
Grantor shall be perml-
same are not locked.
6. Grantee agrees that it will coope,ate with GrantOr
*de Grantor
upon receipt of written rejuest that Grantee Prov,.
or any lender, purchaser or other party which Grantor may
ification that Grantor is in full
request, with written ver
compliance with each and every provision of th4s Agreement.
7. invalidation of any of the foregoing covenants and
cor,ditions by statute, ordinance, or court order shall in no
5
of the other provisions which shall remain in
way affect any
full force and effect.
B. The Grantor furthar covenants and agrees that the
City Manager Of Grantee, or his designaer shall be vestad
with all necessary au@,hority on b6half of the g-erning bod,,,
of the Grantee to adm4-nister and enforca tha foregoing
conditions and restrictions, including (a) the ordering, in
riting, of the emedying of an%t noncompli.ance with such
w r
inging of lecjal action or suit to
conditions, and (b) the br
ensure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages or other
appropriate action, suit Or proceedings. The failure tO
nstitute
and restrictions shall CO
comply with all conditions
.red building or
cause to deny the issuance o@, the requl
occupancy pe-its as may be appropriate for the Area closed.
if aggrieved by any decision of the city Manager, or his
designee, e pursuant to the provisions of this Agreement,
mad
Grantor shall petition the governing body for the review
Notwith-
thereof prior to instituting proceedings in Court.
ained herein, Grantee
standing anything to the contrary cont
ction or suit or avail itself of any
,hall not institute any a h 7 or available at law
other remedy p,ovided in this paragrap notice of
or in equity, without first giving Grantor written e shall be
the nature of the breach of this Agreement. Notic
6
ceipt requested, to GrantOr at
mailed, certified, return re
TideWater Inn Manage,,nt, 360o pacific Avenue, p. 0. Box 718,
shall have thirty
virginia Beacht Virginia 23451. Grantee
of such notice to cure such
(30) days frcrr, the receipt
breach. if appropriate cure will take in excess of thirty
(30) days, Grantee may extend such time period as it deems
appropriate and Grantor shall use due diligence to See that
any cure which takes greater than thirty (30) days is co-
pleted within such extended cure period.
'9. The Grantor, its heirs, and assigns covenant with
drantee, that Grantor, from time to time, and at all times
after the effective date of this Agreement, at its own cost
and expense, will repair and maintain the Easement, in a
proper, substantial, and workmanlike manner. it is further
expressly understood and agreed that the Grantor, its heirs,
and assigns shall indemnify and hold harmless Grantee, its
agents and employees from all claims, damages, losses and
expenses,, including reasonable attorneys' fees, in case it
shall be necessary to file or defend actions arising out of
the location, existence or maintenance of the Easement.
7
WITNESS the iOllOwing signatures and seals:
AOUA INVESTMET!T ASSOCIATES, L.P., a
7 ship
Vi,ginia limited partner
Bv: 3900 oceanfront Investment
rginia
Associat
corporat artner
By
Tho
Cov,MONWEALTH OF VIRGINIA
AT LARGE, tO-Wit: menp was acknowledged before me in.,
The foregoing his
@stru
I Virginia, t
the CitY Q@ Thomas J. Lyons, Jr.,
day Of Investment A,,ociates, Inc., a
Presid@nt Of q tm
Virginia corporation, General Partner of A ua Inves ent
Associates, L.P., a Virginia limited partnership, in its
behalf.
MY commission Expires: L z
DEPAR4mENT
'APPROVED As TO LE%--IAL
SUFFICIENCY AND
8
Ty
THIS DEED OF EASEMENT, m,de this 2nd day of Decembert
,e, AQUA INVESTMENT ASSOCIATES, L.P., a
1991, by and betw and THE CITY OF
Virginia limited partnership (--Grantor");
,VIRGINIA, a Municipal Corporation in the
VIRGINIA BEACH,
commonwealth of Virginia ("Grantee");
WITNESSETH'
THAT for and in consideration of the son of Ten and
sh in hand paid, and other good
NOIIOO Dollars ($10.00), ca
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Grantor does hereby grant and
convey to the Grantee, its successors and assigns, a perpetu-
al irrevocable easement (the "Easement") for the purpose of
providing Public access (excluding, however, motorized
vehicular access) to and from 39th Street and AtlantiC
Boulevard over that certain parcel of Property (the 'Easement
Area") shown on that certain plat (the "Plat") entitied
'EXHIBIT SHOWING STREET CLOSURE OF PART OF 39TH STREET PLAT
ENTITLED 'PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO., VIRGINIA
EACH, VIRGINIA", dated September 10,
BEACH BOROUGH, VIRGINIA Bh Mark, Inc., a copy of which Plat
1991 and prepared by Benc and by this reference made a
is attached hereto as Exhibit A
part hereof, which Easement Area is designated on the Plat as
-,11, x 17' PUBLIC ACCESS EASEMENT 187 SQ. FT." and more
particularly described as fOllOws:
Commencing at a pin at the intersecti,n of the southern
,igi,t of wav line of 40th Street and the eastern right
of way line of Atlantic Avenue thence running along the
eastern right of wa line of Atlantic Avenue S07-15'00"E
y feet to a poi,t at the intersection
a distance of 300.00 Avenue and
9 t of way line of Atlantic
of the eastern ri hof way line of 39tll Street; thence
the Northern right . ht of way line of 39th
running along the northern rlg f 65.43 feet to a point;
Street N82145'00 E a distance 0 the boundary of the
thence turning and running along 6-24-04"E a distance of
39th Street s6
closed portion of. 6132136"E a distance of
9.48 feet to a point; thence S4 distance of
18.18 feet to a point; thence S07'15'00"E a
4.35 feet to the POINT OF BEGINNING: thence running
GPIN #2428-05-0202
t,eet N82'45'00'. E a
e closed portion of 39th S . g along
through th thence runnin
distance of 17.00 feet to a point; f 39th Street
the boundary of the closed portion 0 a point; thence
S07015'00"E a distance of ll.oo feet tO .+.
rough the closed portion of 39th Stre--
running th of 17.00 feet to a point; thence
S82145'00'-W a distance of 39th
ong the boundary of the closed portion.
running al. l@-oo--W a dist@nce of 11-00 feet to tne point
street N07 feet ore or less.
of beginning containing 187 squa@e
Grantor reserves the right to (i) use the Easement Area
nts over, under, on and across the
and (ii) grant other easeme
so long as such use and/or other easements are
Easement Area, interfere with the rights hereby
not inconsistent and d) not
granted the Grantee.
This conveyance is made subject to the conditions,
restrictions, easements and reservationst if any, duly Of
record and constituting constructive notice.
The rights hereby granted to the parties hereto shall be
binding upon, and shall inure to the benefit of, the parties
hereto and their respective successors and assigns.
WITNESS the following signature and seal:
AQUA INVESTMENT ASSOCIATES, L.P., a
Virginia limited partnership
By: 3900 oceanfront,Investment
Associa virginia
cor or Partner
By. t
Tho.a
COMMONWEALTH OF VIRGINIA
AT LARGE, to-wit: instrumen@ was acknowledged before me in
regoing this
The fo Virginia,
the CitY- 0 Thomas J. Lyons, Jr.,
day of - nt Associates, Inc., a
President rp ration, eneral Partn,, of Aqua Investment
Virginia c, partnership, in its
Associates L.P., a Virginia limite@
behalf.
MY commission Expires:
2
F-XHIBIT
ATLANTiC BOULEVARI) (BOARDWALK AREA) UNIMPROVED
- S07015'00"E 60.00 00,
MB.5,P.151 so
S07015-00-1
HOLIDAY INN
HOLIDAY INN
LoT 6
LOT I BLOCK 89
BLOCK 90
0
C) -AREA OF
STREET
CLOSURE
3,182 SQ.FT.
60.00,
ATLANTIC AVENUE (60')
EXHIBIT
PLAT SHOWING
STREET CLOSURE
OF PART OF
39 TH STREET
PLAT ENTITLED
"PROPERTY OF VIRGINIA BEACH DEVELOPMEt4T CO.
VIRGItIlA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA
PROJ. NO. 3
S(*LE: -2W
MARK D.ATE DRAWN BY:
NC
OF DEVELOPMENT IIEC DED
M -177 REVISED 11-26-11
.B?R3, P!N 176
1202 SPARROW ROAO- CH-P-F- - -6
18041 424-3339
ORDINANCE NO.
CLOSING, VACATIVG AND DISCONTINUIVG A
IN THE MATTER 0 EN ATLANTIC I@ENUE AND THE
PORT-ION OF 39TH CERTAIII PLAT F,14TITLED "EXHIBIT
WALY, AS Sil OF 39TH STREET PLAT
BOARD Co.- VIRGIN-
PLAT SHOWING Sl ACH DEVELOPMENT
ENTITLED 'PROPI viRGINIA ". WHICH PLAT IS
IA BEACH BOROUC
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that pr,per notice
y Aqua Investment Associates, L.P., a Virgin-
has been given b ,), that it would make applica-
ja limited partnership ("Aqua
.1,,) of the City of Virginia
tion to the C,,nCil ("Councl 46ro lgql, to have
Beach, Virginia ("City,-), on
the hereinafter described portion of a street discontinued,
closed, and vacated; and
WHEREAS, Aqua has voluntarily proffered in writing as
part of the street closure application certain covenants and
conditj.ons related to the physical development, operations
and use of the portion of the street requested closed, the
need for which is gene@ated by such closure; and
WHEREAS, it is the judgment of the CoUnCil that said
street be discontinued, closed, and vacated;
portion of the
NOW, TIIEREFORE,
SECTION I.
BE IT ORDAINED by Council that the hereinafter described
portion of the st@eet be discontinued, closed, and vacated:
line
Beginning at a point in the northern right-of-way
of 39th Street, said point of beginning being ction
N82-45-441-E a distance of 65.43- from the interse
of the northern right-of-way line of 39th Street and the
eastern right-of-wav line of Atlantic Aven"e: thence
said northern right-of-way I ine of 39th
continuinq along -'E a distance of 84.57' to a point in
Street N8@145144 Atlantic Boulevard;
the western right-of-way line of
thence S07'15'00"E a distance of 35.00' to a point;
GPIN #2428-05-0202
2-5o--W a distance of 20.621 to a point;
thence S6814 distance 01 32.53' to a point;
thence 26.72' to a point;
distance of I a point;
thence distance of 27,91 tO t in
thence ta 001 to a poin
dis, nce of 10 th Street; thence
thence of-wa, li@e of 3; istance of
the sO _way 1ine S82 45'oo,W a d of
along - N20"@r-132"E a distance
Po thence tance of
54.87' tO th :nce N07 ool-W a dis ce of
N46:15
21.20' tO poi nce 2, 36,,W a distan
22.35' tO Poi th ce N66-24-041-W a distance of
18.18' tO Poi then eginning, containing 3,182 sq"are
9.48' to t' e p( of b
feet, -re o@ ler, s,
SAvE AND EXCEPT that certain public access easement
City and more particularly described in that
retained by the
certain Deed of Easement from Aqua to the City dated
1991 and recorded in the office of the Clerk
City of Virginia Beach, Virginia
of the Circuit court of the
(the "Clerk's office") contemporaneously herewith.
AND FURTHER SUBJECT tO that certain Agreeme"t of Cove-
itions dated "i "Ib@ll 1991 and recorded
nants and Cond
in the clerk's office contemporaneously herewith.
SECTION@I
ur-Lull
A certified coPY Of this ordinance shall be filed in the
Clerk's Office and indexed in the name of the CitY of virgin-
ia Beach as Grantor.
ADOPTED: FINAL. ER 3, 1991
Apppo'VED AS To CONTEN f F,
DEPARTmENT
APPROI/ED AS TO LEGAL
SUFFICIENCY AND F(',P,@A
ClT..(
2
EXHIBIT
ATLAt4TlC BOULEVARD (BOARDWALK AREA) UNitiPRO\IED
60.00'
so 5.00,
mB. 5, P. I!
07015 - 00"
c 26-72'
HOLIDAY INN
HOLIDAY INN
LOT 6
LOT I BLOCK 89
BLOCK 90
AREA OF
STREET
CLOSURE
3,182 SQ.FT.
6o.001
ATLANTIC AVENUE (60')
EXHIBIT
PLAT StiOWING
STREET CLOSURE
OF PART OF
39 TH STREET
PLAT ENTITLED 1.
"PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO.
VIRGItIlA BEACH BOROUGH, VIRGINIA BEACH. VIRGINIA
3
scALE: .20- PROJ. NO.
MAM DATE : DRAWN BY:
NC .\,.L .....T RECORDED IN 'IE'
or M.B- 3, P. 176-177 REVISED iC-;6-91
,OAD. CHFSAPEAXE. VA 23326 .2
(804) 424-3339
of the day of
THIS AGREEMENT made as CIATES, L.P.r a
91, b,i and between ACUA. IIVESTMENT ASSO
19 i-Aqua"), and THE CITY OF
vi,gini-a limited partnership
VIRGINIA BEACH, VIRGINIA, a municipal COrporation (the
Icity .).
WIIMII,AS, Aqua applied to tlle City for the closure of a
o,to, of 39th street as more @-ully set For4-h in that
p -Application") referred to by the
certain application the
City a, Application Vunber 7475; and
WHEREAS, at a duly held meeting of the Council of the
111) held on November 26, 1991, Council, having
city (,Icounci lication voted to grant the Application; and
heard the App
WHEREAS, Council agreed to accept j, lieu o@@ cash
f the portion of 39th Street closed
payment for the purchase 0 nstalla-
(the "Area cl.osed") by Aqua, the construction and i
tion bY Aqua of certairi improvements to and/or the extension
Area closed between the northern
of the boardwalk near the
end of the existing boa,dwalk at 38th Street and the
e n the south side of
oceanfront a,d the existing sid walk o
40th Street and the oceanfront (the ,Imp@ovements in
accordance with those certain preliminary plans (the 'Plans')
entitled 'Proposed Boardwalk Improvements 38th Street to
40th Street" Prepared by the City Department of public
Wo,ks - Engineering Division, dated November 22, 1991, on
file with such Department; and
WHEREAS, the parties hereto desire to enter into this
ody certain covenants and conditions relating
Agreement to emb
to the Construction.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the City,s conveyance
od'and valuable
of the Area closed to Aqua, and other go
considerationt the sufficiency and receipt of which are
hereby acknowledged the parties hereto agree as follows,
1. Aqua shall, at its sole cost and expense not tO
Three Thousand 7hree Hundred and
exceed one Hundred Twenty- o), construct and install the
N,1100 Dollars ($123,300.0 work-
Improvements in accordance with the Plans in a good,
manlike manner, in compliance with all local and state
ements and free from any liens for
building and safety requir
work performed or materials furnished. Aqua Shall provide
0 ents to the City Engineer's office
actual constructi n docum of the construction of the Improve-
prior to the commencement
ments for review and approval.
2
ssary permitst nd shall
2. Aqua shall acquire all noce ion with
pav any f6Os or post any bonds required in connect
I n the improvements, including, but not
the constructio O@ highway permits-
limited tot building and
3. Aqua shall usa its best efforts to start and
he construction of the ImProvements 0, or before
complete t In the oven@@ that the Improvements cannot be
April 15, 1992. y APril 15, 1992, Aqua shall have the
started and completed b tion of the improvoments
right to delay the start of construc
5, 1992, apd shall thereafter diligently
until odtober 1 letion. in any event,
prosecute such construction to comp n and installation of the
Aqua shall complete the constructio
improvements on or before March 1, 1993.
4. in the event Aqua shall be delayed, hindered or
prevented from completing the construction of the Improve-
ments, by reason of weather conditions, goverrunental restric-
tions unavailability of labor or materials, strikes, fire or
other acts of God, or any other reasons beyond its control,
letion of the improvements shall be
the period for the comp iod of such
extended for a period of time equal to the per
del'Y or delays.
3
5. aq@l, or Thomas J. LYons, Jr. ("Lyons"), the
principal representat;-ve of Aqua, shall Procure a standard
form performance bond (the Ili3ond'@) for the benefit Of the
liundred Twenty-three Thousand
city, in the amount of one ilars ($123,300,00) tO secure the
Three Hundred and NolloO Do It is agreed that that
,mpletion of the jrprovements-
c nd the
amount is the fair market value of the Area closed, a
construction and installation of the improvements shall be in
f,ii satisfaction of the purchase price payable by Aqua to
the CitY for the area closed.
6. If the City Manager r his designee agrees, Aqua or
Lyons may replace the Bond with a similar b,nd of any general
e,plOY to undertake and/or complete
contractor which Aqua may I the CitY
the construction of the ImProvements- in any event
shall be the primary beneficiary of said Bond.
7. The Boncl shall not be released until such time as
nspected and certified that the
the City's designee has impleted in accordance with the
improvements have been co
plans.
8. invalidation Of any of the foregoing covenants and
conditions by stat te, ordinance, or co,rt order shall in no
way affect any of the other provisions which shall remain in
full force and e@-fect.
4
.gnatures and seals:
WITNESS the following S'
AQUA INVESTMENT ASSOCIATES, L.P., a
Virginia limited partnership
By: 3900 oceanfront Investment
Associates, Inc,, a Virginia
er
en
THE CITY OF VIRGINIA BEACH, ration
VIRGINIA, a municipal cOrPO
By:
Its:
CoMmONWEALTH OF VIRGINIA
AT LARGE, tO-Wit: me ir;
oing in@trument was acknow@edged before
The fore virginia, this
the C f Thomas J. Lyons, Jr.,
,7
day 0 'Le , Investment Associates, Inc., a
'ty
1
f
Presid nt 0 oration, General Partner of Aqua Investment
virginia corp tnership, in its
Associates, L.p., a Virginia limited par
behalf.
My Commission Expires:
5
comMONWEALTH OF V-@RGINIA
AT LARGE lodged before me
The foregoing instr@me,t was acknow day of
in Virginia, this
199 a,
of
cox
N.ta@y Pblic
My commission expires:
DC AATMZMT
'APPROVED AS TO LEGAL
SUFFICIENCY AIID FC.RM
6
27 -
Item
APPOINTMENTS ITEM # 35149
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
BOARD OF BUILDING CODE APPEALS
Plumbing/M.ch.n',c.1 D,v,@,on
Mr. James D. Wells
(Licensed Building Contractor)
Unexpired Terrn thru 12/31/92
AND, REAPPOINTED:
New Cons n
Mr. Robert L. Yoder
(Architect)
Two year term 1/1/92 - 12/31/93
Voting: 11-0
Council Members Voting Aye:
j,hn A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
28 -
Item ill-L.2.
APPOINTMENTS ITEM # 35150
Upon NOMINATION by Vice Mayor Fentress, CitY Council CONFIRMED APPOINTMENT:
r,LEAN COMMUNITY coMMISSION
Ms. Ann Overman
(No Term)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober , Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndort, Nancy K.
Parker and william D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item Ill-L-3-
APPOINTMENTS ITEM # 35151
Upon NOMINATION by Vice Mayor Fentress, CitY Council
PLANNING COMMISSION
REAPPOINTED:
Mr. Daniel J. Arris
(at Large)
Four Year Term
1/1/92 - 12/31/95
AND, APPOINTED:
Ms. Margaret L. Eure
(Kempsville)
Ms. Judith L. Rosenblatt
(at Large)
Four Year Terms
1/1/92 - 12/31/95
Voting. 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. mcclanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- :30 -
Item LII-M-1-
AIIJOURNMENT ITEM # 35151
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:45 P.M-
Beverly,M Hooks
Chief Deputy CitY Clerk
,h Hdge Sith, CMC
City Clerk yor
City of Virginia Beach
Virginia