OCTOBER 29, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYEM E OBE@i@RF, A@-@,,
VICE MAYOR ROBERT E FENT@SS Vi,i,i@ B@.h h
JOHN A. BAUM, Bl@,k.@l- @..,h
JAME,S W B@IER, JR,, I,,@.h. @. @..,h
ROBERT W (:LYBU@, K-,@ti, @@,h
HARO@ IIEISCHOBER, Al @,,
LOUIS R JONES, B,.d, &-.,h
PAUL I @NTF.IGNE, P.@, @,h
@BA S M,C"NAN, P@-- A.@@ @@,h
NANCY K PA@E.R, Al.@,,
WILLIAM D SE&SOM,@, JR, Al
281 C17T HALL BIJI@ING
CITY COUNCIL AGENDA MUNICIPAL (:ENTER
AUBREY V WALL S, JR, C@@y M..,, VIRGINIA BEAC:H VIRGINIA 23456 9W5
LESLIE L. LI@Y, Cil, A@l-., (SN) 427@4303
RUTH HODG@ WITH, (@MCi@E, Cil Cl@k
OCTOBER 29, 1991
ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 12:30 PM
A. CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 - 1995-1996
CITY COUNCIL and SCHOOL BOARD
E. Dean Block, Assistant City Manager for Economic Management
ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Herbert G. Hobbs
Baylake United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSION - October 22, 1991
G. PUBLIC HEARING
1. PROPOSED ENVIRONMENTAL SERVICES UTILITY AND FEES
(Stormwater Management)
H. ORDINANCE
1. Ordinance to AMEND and REORDAIN Section 33-112 of the Code of the
City of Virginia Beach re sale of public street, alley, easement
and other public ways. (Sponsored by Councilman John A. Baum)
1. PUBLIC HEARING
1. PLANNING
a. Application of MARK A. and DONNA M. HANSEN for a Conditional
Use Permit for a commercial kennel on the East side f Princess
Anne Road, 1-5 5 feet South of Pocahontas Club Road
(224 Princess Anne Road), containing 1.3 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
b. Application of TIRE WORLD, INC. for a Conditional Use Permit
for an automotive service establishment (tire sa es an
Instal lation) on Lots 1, 2, 23 and 24, B lock 35, Euclid Place
(4936 Virginia beach Boulevard), containing 9,148 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of STEVEN ROYSTER NEWBERN for a Conditional Use
Permit for a home occupation ( ir) on Lot 64,
Elizabeth River Shores ( 461 South containing
1.13 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. Application of THE SOUTHLAND CORPORATION for a Conditional Use
Permit for an automotive service station In conjunction w a
convenience store at dependence
Boulevard and dean Drive (496 South Independence Boulevard),
containing 46,163 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
a. Application of GOODMAR, INC. for a Variance to Section 4.4(d)
of the Subdivision Ordinance which requires all lots created by
subdivision to have direct access to a public street, on the
South side of Shell Road, East of the intersection with
Northampton Boulevard (BAYSIDE BOROUGH).
Recommendation: APPROVAL
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 29, 1991
Mayor Meyers E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY COUNCIL and SCHOOL BOARD WORKSHOP relative the CAPITAL IMPROV
PROGRAM Fy 1991-1992 - 1995-1996 in the Council Chamber, City Hall Building,
on Tuesday, October 29, 1991, at 10:30 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.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
School Board Members Present:
William H. Barnes, Cynthia M. Davenport, Gerald G.
Gibbs, Robert W. Hall, Dr. M. Boyd Jones, Samuel W.
Meekins, Martin J. Mulderrig, Jr. , Dr. Ulysses V.
Spiva, Chairman Gregory N. Stillman and Floyd E.
Taylor
School Board Members Absent:
Susan L. Creamer
- 2 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
FY 1991-1992 - 1995-1996
10:30 A.M.
Item # 35002
Greg N. Sti I lman, Chairman - School Board, adv I sed the Schoo I I s proposed
Capital Improvement Program, has a high level of credibility as It is not based
on projections, but an Identification of current needs. It is a "backlog" CIP.
The CIP is conservative and designed to diminish, but not eliminate the
reliance on portables and does achieve some reduction in class sizes. The
City's per capita expenditure per pupil lags behind other similarly situated
jurisdictions. Northhampton County is currently spending approximately $1000
more per child than the City of Virginia Beach, even though they view
themselves as significantly disadvantaged from a financial point of view.
Henrico County, Chesterfield County and Chesapeake spend a greater percentage
of their total indebtedness on school construction than does the City of
Virginia Beach. The School Board does not believe it will be able to continue
to maintain their current level of class sizes with the changing demographics.
The School Board is requesting the City Council make a commitment to public
education that the City has not had to make previously because of outstanding
demographics. In the last five years, the City has issued Charter Bonds
totalling approximately $136.9-MILLION. Of that approximate twenty-four percent
(24%) percent was allocated for schools, or $32.9-MILLION of the total amount
of Charter Bonds incurred. Over the past five years, the City has retired
$72.2-MILLION in debt. Relative the projections over the next five years, in
1991-1992, the City issued $26.1-MILLION in Charter Bonds; 1992-1993 - $29-
MILLION,; 1993-1994 - $59-MILLION; 1994-1995 - $32.7-MILLION, and 1995-1996 -
$28.6-MILLION totaling $175.4-MILLION in Charter Bond Indebtedness. The CIP is
proposing to issue about 24.9% of that or $43.7-MILLION over the next five
years. During that same time period, the City will retire $91-MILLION In debt,
most of which was previously raised through School Bond Referendum, but only
$41-MILLION in Charter Bonds will be utilized for schools. The School Board has
turned back, as a surplus to the City, $17.5-MILLION to be committed to the
Capital Improvement Program for school construction. Therefore, the School
Board is requesting $104-MILLION In new debt. Education should always be the
top priority of the City of Virginia.
Dr. Sidney L. Faucette, Superintendent - Virginia Beach City Public Schools,
advised two improvement Initiatives have been attempting less reliance on
portables, reducing class size In eleven Target Schools in Grades K through 2
and transferring art and music teachers into regular classrooms. Class size
must be reduced, especially for disadvantaged children, to be assured they will
enter the main steam and compete with the more advantageous children in the
City.
Chairman Stillman advised the City is currently utilizing 330 portables.
Henrico County, a considerably smaller system, utilizes 33 portables.
Dr. Faucette advised, when the School Board adopted the CIP, one of the key
components was to investigate every form and method of construction to house
students. A study encompassing these various forms, as well as the utilization
of "dismantables" will be presented to the School Board in December. In
California, a law exists that one-third of every school must be collapsible, so
it could be moved to another site as the community matures. There also might be
opportunities to utilize buildings already in existence In the City.
Concerning empty classroom space, Dr. Faucette advised a DRAFT of a report has
been prepared relative better utilization of space. This report, when presented
in December, might have an affect on future CIP'S.
Dr. Andrew Carrington, Assistant Superintendent - Facility Planning and
Construction, advised the estimate for Strawbridge School was originally $8.2-
MILLION and the construction came in at $6.6-MILLION, which resulted in a
savings of $1.6-MILLION. These savings, along with other savings at Tallwood
High School, Landstown Elementary and Middle School, were transferred to
Corporate Landing School which is estimated at $8.6-MILLION; however this can
probably be reduced upon receipt of the bids.
- 3 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
FY 1991-1992 - 1995-1996
Item # 35002 (Continued)
Dr. Edwin Brown - Assistant Superintendent, Office of Curriculum and
Instruct Ion, advised, concerning f am I I y income be I ow the poverty I eve I, there
are approximately 16% "at-risk" children, but this number is increasing
rapidly, having increased approximately two percentage points for each of the
past two school years. However, based upon the criteria of tests i.e. Literacy
Test given to all six graders, there is approximately 10% or 11% "at-risk"
children, which is a more adequate indicator as it involves academic
achievement rather than family income. There is an Informal assessment in
kindergarten as well as tests in Grades 4, 8 and 11.
Mary McGovern, Supervisor - Capital Improvement Program, advised, concerning
funding yet to be determined on the Landstown Lakes School ($913,000) and
Tallwood ($974,000), the School Board assumed these funds would be available
through 1991 Charter Bonds. Mrs. McGovern advised the cost of High Schools are
determined by reviewing the RS Means Book and determine a basic percentage of a
cost for each function of construction, design, professional fees and site
improvement. Historical data is also utilized.
Dr. Spiva advised there are more than 500 classes in Elementary School English
and Math which exceed recommended class size. Elementary Schools are self-
contained classes for the most part versus high schools which are moving units.
The standards of accreditation require much more square footage per pupil in
high schools. In terms of cost, biology, physics, chemistry labs are all
extremely costly. Thus, High Schools tend to cost much more than Elementary
Schools.
Dr. Faucette advised the School Board works basically on the premise the system
will continue to grow at approximately 2-1/2% a year (1800 to 2000 students),
which has been factored into all of the projections for buildings. The School
Board, in 1983, made a decision to require Social Studies in Grade 8. Forty-
five (45) teaching positions are required to carry out this initiative.
Approximately thirty-five (35) teaching positions connected to growth were
added to the CIP. This addition of teachers is not connected with the Middle
School concept, only the continuation of growth and the implementation of the
requirement of Social Studies in the Eighth Grade. Dr. Faucette will present
information relative costs directly related to the Middle School concept. The
concept should be done right the first time; therefore, the Middle School
concept is proceeding in only five to seven schools at this time.
The School Board will delineate specifically, in written form, the goals and
achievements of the School System reflected in the CIP which will justify a
substantial tax increase.
Mrs. McGovern advised Corporate Landing School was originally scheduled in the
CIP to open in 1995. This was moved forward to 1993 and pending approval of the
CIP will open in September 1993. The School Board is in the process of
selecting architects. Economic Development did not have the access roads
available into this site, thus Corporate Landing could not be moved up to 1992.
Dr. Carrington advised Ocean Lakes High School could not be moved forward
because the funding was not in place and the lag time of approximately 3 years
needed (1 year for the architect's design facility and 2 years for the building
of the facility). Ocean Lakes High School will open in 1994, pending approval
of the CIP.
Dr. Tom Garrou - Director of Educational Planning, advised a rate of
significant decline in the subdivision build-out; however, there has been a
rather impressive increase in resale In previous existing homes. The last six
years have averaged an increase of 2,000 students a year. There appears to be
an Increase of residents with children in apartments, a reflection of economic
conditions. A consultant tracking resale of previously owned homes advised
sales have risen approximately 15 to 20%.
Chairman Stillman and Dr. Faucette advised the School Board has voted to
request the City Council allow an appropriation necessary to make a mid-year
adjustment of 2-1/2% (an experience step Increase) in salaries. The teachers
coming on board for the first year will not receive any increase.
- 4 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 29, 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 Chamber, City Hal I Bui Iding, on Tuesday,
October 29, 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, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Herbert G. Hobbs
Baylake United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 5 -
Item II-E.I.
CERTIFICATION OF
EXECUTIVE SESSION Item # 35003
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
I
6
Item Il-F.I.
MINUTES Item # 35004
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 22,
1991.
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
7
Item 11-G-1.
CIP RECONCILIATION WORKSHOP
ADD-ON item # 35005
BY CONSENSUS, City Council SCHEDULED a CAPITAL IMPROVEMENT PROGRAM FY 1991-1992
- 1995-1996 RECONCILIATION WORKSHOP for the City Council Session of November 5o
1991.
8
Item 11-G.2.
PUBLIC HEARING Item 35006
Mayor Oberndorf DECLARED a PUBLIC HEARING:
PROPOSED ENVIRONMENTAL SERVICES UTILITY AND FEES
(Stormwater Management)
The following spoke expressing their concerns;
F. Terry El Ilott, 924 Fern Rl dge Road, Phone: (0) : 490-6842, (H) 468-2182,
advised the SUPPORT of Princess Anne Plaza Civic League for the Environmental
Services Utility Fee, but requested the name be changed to Stormwater
Management Fee. A rev I ew of the projects to e Iimi nate t I ood 1 ng shou Id be
conducted annually to assure tees are not tied up In administrative costs.
Captain Les Fenlon, 2224 Scal lop Road, Phone: 481-2501, advised more time is
needed before the implementation of the fee to educate ourselves and neighbors
and requested a DEFERRAL of 6 months.
Al Strazzutio, 3120 Sandpine Road, Phone: 481-0024, requested additiona
Information be provided concerning the Stormwater Management Plan and its
relationship to the CIP, whether the levying authority should be reassessed
periodically and this authority's responsibilities.
Michael Barrett, Phone: 490-1221, Vice President/Legislative Affairs - Hampton
Roads Chamber of Commerce, advised written statement of the Chamber had been
distributed to City Counci I . Said statement is hereby made a part of the
record. The fees proposed, compared to Norfolk, seem harsh. The Chamber
requested DEFERRAL of this Issue unti I a committee comprised of the business
community, individual homeowners and other interested parties can be
established to help solve concerns.
John D. Moss, Phone: 498-0318, advised the issue is one of equity. A fee is a
tax, but not deductible on one's income tax return. Mr. Moss did not agree
with the strategy used in marketing this concept. The pollution abatement
aspect and Its cost has not been discussed. The funds should be raised at the
least possible cost. This issue should be DEFERRED.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chairman of the Municipal Affairs
Committee - TBA, advised the costs associated with the Environmental
Services Utility is the main issue. There are many issues which must be
defined. Participation is needed from other outside interests to be assured
benefits are received from the implementation of this fee.
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens
Action Coalition, advised the majority of funds to be raised appears to be
utilized for flood correction problems. These problems should not be included
as an environmental project and should not be funded by a Stormwater
Management Fee. Mr. LeSesne requested DEFERRAL.
Ralph J. Thomann, 3106 Blair Circle, Phone: 340-7169, represented Lillian
Vernon Corporation. Mr. Thomann requested the City Council reconsider the
determination of the fees. Lillian Vernon is one of the largest holders of
Impervious areas In Virginia Beach.
Maurice Jackson, 1125 Ditchley, Phone: 428-1470, President Council of Civic
Organizations. The CCO supports establishment of a Stormwater Management
Program and requested the fee be termed a Stormwater Management Fee and not an
Environmental Utility Fee. The CCO requested DEFERRAL of these Ordinances.
9
Item 11-G-2.
PUBLIC HEARING Item # 35006 (Continued)
GI en n Rus se II, represented the T I dewater Assoc I atIon of Rea I tors, Phone: 340-
9700, and referenced correspondence of October 29, 1991, expressing the
concerns of TAR. Said letter is hereby made a part of the record.
Maureen Sigmund, Vice President - Southeastern Association for the Virginia
Environment (SAVE), advised their opposition to the naming of the tax as an
Environmental Utility Services Fee. SAVE advocated a strong Chesapeake Bay
Protection Ordinance, but was told Virginia Beach had water quality
protection in place with the Stormwater Management Ordinance and did not need
additional regulations. SAVE warned against a Comprehensive Plan, CIP
Projects and rezonings which encouraged development in environmentally
sensitive areas. Mrs. Sigmund requested consideration be DEFERRED and will
provide a copy of SAVE's concerns to the City Council.
Linwood Branch, Virginia Beach Motel/Hotei Association, 773 Arctic Avenue,
Phone: 428-6141. Mr. Branch requested a TASK FORCE be established, comprised
of all segments of the community to assist in solving concerns relative the
Environmental Services Utility Fee.
Robert K. Dean, 1204 Shadow Drive, Phone: 427-6606, spoke in opposition to the
term Environmental Services Utility Fee. Stormwater Management Fee would be
more appropriate. Workshops need to be SCHEDULED regarding these ordinances
and stringent regulations should be established in the Southern Watershed, so
this type of Impact fee will not be assessed In the future when development is
occurring in the southern portion of the City.
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948. Mrs. Davis
concurred with the comments of the Chamber of Commerce relative the
establishment of a Task Force and the concerns of SAVE. The projects to be
funded by this fee are not environmental projects. They are projects to stop
flooding In neighborhoods not improve water quality. Mrs. Davis expressed
concerns about funds previously budgeted for stormwater project maintenance
It the environmental utility fee is put into effect.
Lou Pace, 1908 Hunts Neck Court, Phone: 46@925, referenced the Stormwater
Projects in the CIP. The Environmental Services Utility Fee is a tax not a
fee.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
THE BEACON OCTOBER 20, i991
PUBLIC NOTICE OF COUNCIL
ACTION REGARDING A PROPOSED
ENVIRONMENTAL SERVICES UTILITY
Pursuant to Sections 15.1-29.14 and 15.1- A copy of the full te)d of the roposed ordi-
292A of the Code of Virginia, the Council of nances to be acted
concerning documen
for the proposed fee ff
file in ihe'Cfty Clerk'
a.m. and 5: m@n w General
@o' p@ ron't
formauon on th util-
the @ concept may be obtained by calling the
the dizen Servi@Office at 427-41 1 1.
me Of
a 00 I in thi The public hearing and me
Council Chambers. action vall be taken are o
C shall peffnit p
The proposed monthly utility fee is three dol- bN= opportunity tc
lars and seventeen cents ($3.17) per equiva- mony vathin such reasoni
lent residential unit in the City, parable on all shall-be determined by the
developed residential and nonresidential ten comments may also b
parcels In the City, chaross to accrue begin- h AJI interested parri
ning july 1, 1992. p at the time and place aforemen-
go Individuals desiring to provide oral
The EnN(ironmental Strvices Utility s Pro- comments should register with the, City
posed to provide a source of funding for nec- Clerk's Office before the hearing begins. The
essary stoffnwater management operations, Clerk is located on the second fl -oor of the
maintenance, construction, monitoring, and CP Hall Building and may be contacted by
related activities mandated by and consistent ca@ring 427-M.
vath federal and state regulations, and dem-
onstrated need as authorized by the Code of
Virginia Sec- don 15.1 -292.4. Ruth Hodges Smith, City Clerk
- 10 -
Item II-G.2.
PROPOSED ENVIRONMENTAL
SERVICES UTILITY AND FEES Item # 35007
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council:
DEFERRED AT LEAST NINETY DAYS: Ordinances to AMEND
and REORDAIN the Code of the City of Virginia Beach
re providing for an environmental services utility
system and establish an equivalent residential unit
rate fee (Stormwater Management). A Task Force
shall be appointed.
Mayor Oberndorf advised this proposed Environmental Services Utility and Fees
will create a need for 18 new positions and requested additional information
regarding the necessity of these proposed positions and how these positions
would be factored into the cost of operating this concept. Mayor Oberndorf
also requested a complete cost breakdown involved in mailing the bill for this
Environmental Services Utility Fee.
The City Staff shall provide details concerning the monitoring program of water
quality and the location of these monitorings.
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 Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item It-H.I.
ORDINANCE Item 35008
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
DEFERRED INDEFINITELY:
Ordinance to AMEND and REORDAIN Section 33-112 of
the Code of the City of Virginia Beach re sale of
public street, alley, easement and other public
ways.
This DEFERRAL will enable the City Staff to report to City Council concerning
their implementation of this Ordinance.
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, @ayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
1 2
Item 11-1.1-
PUBLIC HEARING Item # 35009
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) MARK A. AND DONNA M. HANSEN CONDITIONAL USE PERMIT
(b) TIRE WORLD, INC. CONDITIONAL USE PERMIT
(c) STEVEN ROYSTER NEWBERN CONDITIONAL USE PERMIT
(d) THE SOUTHLAND CORPORATION CONDITIONAL USE PERMIT
(e) GOODMAR, INC. VARIANCE
- 13 -
Item II-I.l.a
PUBLIC HEARING Item # 35010
PLANNING
Donna Hansen, 224 Princess Anne Road, Phone: 426-0545, the applicant,
represented herself
Upon motion by Counci Iman Lanteigne, seconded bv Counci ]man Sessoms, City
Council ADOPTED an Ordinance upon application of @ARK A. AND DONNA M. HANSEN
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MARK A. AND DONNA M.
HANSEN FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL KENNEL R010911398
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mark A. and Donna M.
Hansen for a Conditional Use Permit for a
commercial kennel on the east side of Princess Anne
Road, 1375 feet south of Pocahontas Club Road. The
parcel is located at 224 Princess Anne Road and
contains 1.3 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1 . No more than 20 dogs shal I be boarded at any one
time.
2. No outside runs are permitted until a Variance from
the Board of Zoning appeals is granted.
These Ordinances shall be effective in accordance with Section 107 (f) of the
Zoning Ordinancei
Ado ted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
nin ineteen Hundred and Ninety-One.
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
- 14 -
Item 11-I.l.b
PUBLIC HEARING Item # 35011
PLANNING
David A. Howard, 1071 Hanson Way, Phone- 481-5251
Upon motion by Counci lman Jones, seconded by Counci lman Heischober, City
Counci I ADOPTED an Ordinance upon application of TIRE WORLD, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIRE WORLD, INC. FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE
ESTABLISHMENT (TIRE SALES AND INSTALLATION)
R010911399
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Tire World, Inc. for
a Conditional Use Permit for an automotive service
establishment (tire sales and installation) on Lots
1, 2, 23 and 24, Block 35, Euclid Place. The parcel
is located at 4936 Virginia Beach Boulevard and
contains 9,148 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Signage for the site must comply with the existing
sign regulations.
2. The submitted site plan shows a London Plane tree
along the western boundary of the site. It has been
determined by the City Arborist that due to the
size of the proposed planting bed, the proposed
tree type may have difficulty surviving. The
applicant should substitute the London Plane tree
with a species capable of flourishing in the
designated planting area.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the t -
ninth of October, Nineteen Hundre
1 5
Item 11-I.l.b
PUBLIC HEARING Item # 35011 (Continued)
PLANNING
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. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item 11-1.1.c
PUBLIC HEARING Item # 35012
PLANNING
The following registered In SUPPORT of the application:
Steven Royster Newbern, the applicant, represented himself
June Thurston, 3456 South Crestline Drive, represented the Elizabeth River
Shores Civic League and Garden Club. Requested the Use Permit be on a yearly
basis with review by City Council.
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of STEVEN ROYSTER NEWBERN for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF STEVEN ROYSTER
NEWBERN FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (JEWELRY REPAIR) R010911400
BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Steven Royster
Newbern for a Conditional Use Permit for a home
occupation (jewelry repair) on Lot 64, Elizabeth
River Shores. The parcel is located at 3461 South
Crestllne Drive and contains 1.13 acres. KEMPSVILE
BOROUGH.
The following conditions shall be required:
1. No retail activities shall be conducted at this
location. No traffic will be generated at this
location as a result of the requested conditional
use permit.
2. Approval is for a period of one (1) year, after
which, application shall be returned to City
Council annually for their review and approval.
3. There shall be no outside signs.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
ninth of October Nineteen Hundred and Ninet -One.
- 17 -
Item 11-1.1.c
PUBLIC HEARING Item # 35012 (Continued)
PLANNING
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
- 18 -
Item II-I.l.d
PUBLIC HEARING Item # 35013
PLANNING
Randy Coles, Reflections III, Suite 400, Phone: 498-4711, represented the
Southland Corporation.
Jack Carvil, 528 Edwin Drive, Phone: 499-0816, resident of Larkspur, advised
the Larkspur Civic League opposed this application two years ago and
continues to do so. Mr. Carvil presented statistics concerning traffic
accidents at this particular intersection.
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council DENIED the Ordinance upon application of THE SOUTHLAND COPRORATION for
a Conditional Use Permit:
ORDINANCE UPON APPLICAT10N OF THE SOUTHLAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE SERVICE STATION IN CONJUNCTION WITH A
CONVENIENCE STORE
Ordinance upon application of The Southland
Corporation for a Conditional Use Permit for an
automotive service station in conjunction with a
convenience store at the northwest corner of
Independence Boulevard and Edwin Drive. The parcel
is located at 496 South Independence Boulevard and
contains 46,163 square feet. KEMPSVILLE BOROUGH.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 9
Item 11-1.1-e
PUBLIC HEARING Item # 35014
PLANNING
Attorney Barry Koch, 2840 South Lynnhaven, Phone: 486-7055
Upon motion by Counci [man Jones, seconded by Counci iman Heischober, City
Counci I APPROVED the Variance to Section 4.4(d) of the Subdivision Ordinance,
which requires al I lots created by subdivision have direct access to a pubt ic
street.
Application of Goodmar, Inc. for a variance to
Section 4.4(d) of the Subdivision Ordinance. The
property Is located on the south side of Shell
Road, east of the intersection with Northampton
Boulevard. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Smith Lake Court must be in accordance with City
standards and be able to provide unlimited access
and turning radius for large emergency, service and
delivery vehicles.
2. All administrative waivers to right-of-way
improvements must be approved prior to construction
plan approval.
3. An emergency by-pass system must be insta I I ad at
the gate entrance f or emergency responding
personnel. The system must be easily recognizable.
4. A natural area protection plan for the entire
subdivision shall be submitted with the
construction plans. The developer shall consult
with the City Arborist prior to any land
disturbance.
5. A homeowners' association shall be established and
a maintenance plan shall be submitted to the City
for review and approval.
6. A Disclosure Statement shall be required with the
Sales Contract, notifying the prospective buyers
that the subject street is a private road and that
maintenance of the road is the responsibility of
the homeowners' association and that certain public
services, including but not limited to refuse
pickup, mail delivery and school bus service, may
not be provided on the street.
- 20 -
Item li-I.l.e
PUBLIC HEARING Item # 35014 (Continued)
PLANNING
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 # 35015
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
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 Meyers 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 # 35016
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE a $50,000 refundable Grant
to the Davis Corner Volunteer Rescue Squad re
purchase of an ambulance.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE @50,000 TO
THE DAVIS CORNER VOLUNTEER RESCUE SQUAD
FOR PURCHASE OF AN AMBULANCE
WHEREAS, the city assists volunteer rescue squads in
purchasing major equipment through loans, grants, or direct
purchases, depending on a squad's ability to pay, and
WHEREAS, the Davis Corner Volunteer Rescue Squad has
identified a need for an ambulance to enhance its first line rescue
operations, and
WHEREAS, the Davis Corner Volunteer Rescue Squad has
requested from the city a four year, non-interest bearing loan in
the amount of $50,000 for purchase of such equipment and appears to
have the ability to repay the funds.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $50,000 be
appropriated by the City of Virginia Beach from the General Fund
Balance to the Davis Corner Volunteer Rescue Squad for the purchase
of an ambulance. It is anticipated that these funds will be repaid
on the following schedule:
November 1, 1992 $12,500
November 1, 1993 $12,500
November 1, 1994 $12,500
November 1, 1995 $12,500
Total 000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 29 day of October 1991.
F*IRST READING: October 22, 1991
SECOND READING: October 29, 1991 APPROVED
OF RUDC-A[--r A: D F-
- 23 -
Item III-J.2.
CONSENT AGENDA Item # 35017
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED, upon SECOND READING:
Ordinance to AOCEPT and APPROPRIATE $18,000 Grant
from the Virginia Department of Mental Health,
Mental Retardation, and Substance Abuse re
developing an implementation plan that provides
special services to children with special
development needs; and, the total appropriation be
offset by an $18,000 increase in estimated
revenues.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $18,000 TO THE
2 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
3 AND SUBSTANCE ABUSE TO PROVIDE SERVICES TO
4 CHILDREN WITH SPECIAL DEVELOPMENT NEEDS
5
6 WHEREAS, the Infant Stimulation Program provides early intervention
7 services for children identified as being developmentally disabled or at-risk
8 of mental retardation;
9
10 WHEREAS, the State Department of Mental Health, Mental Retardation, and
11 Substance Abuse has allocated $18,000 to the Community Services Board to conduct
12 the planning process for the expansion of early intervention services based on
13 identification of consumer needs in conformity with Public Law 99-457;
14
15 WHEREAS, the purpose of Part H of Public Law 99-457 is to support the
16 development of a system within each state that will provide services to young
17 children with special development needs;
18
19 WHEREAS, no city funding match is required;
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
22 BEACH, VIRGINIA that a grant in the amount of $18,000 be accepted and
23 appropriated to the Department of Mental Health, Mental Retardation, and
24 Substance Abuse FY 91-92 Operating Budget for developing an implementation plan
25 in conformance with Public Law 99-457 that provides for services to young
26 children with special development needs.
27
28 BE IT FURTHER ORDAINED that appropriations be offset by a $18,000 increase
29 in estimated revenue.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this
32 29 day of October 1991.
33
34 This ordinance shall be effective from the date of its adoption.
35
36
37 APPROVED AS TO CONI'EN1
am
AND EVAL.UATION
FIRST READING: October 22, 1991
SECOND READING: octo
- 24 -
Item III-J.3.
CONSENT AGENDA Item # 35018
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $5,992 Grant
from the Commonwealth of Virginia "Two-For-Life"
Program; and, TRANSFER $5,992 required match within
the FY 1991-1992 Operating Budget in the Department
of Emergency Medical Services re providing
vaccinations to Rescue Squad Members for Hepatitis
B.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A 65,992 GRANT FROM THE STATE
2 TWO-POR-LIFE PROGRAM AND TO TRANSFER $5,992 FROM VARIOUS ACCOUNTS WITHIN
3 THE DEPARTMENT OF EMERGENCY MEDICAL SERVICE'S PY 1991-1992 OPERATING
4 BUDGET TO PROVIDE HEPATITIS B VACCINATIONS To RESCUS SQUAD MEMBERS
5 WHEREAS, as pre-hospital care providers, members of the rescue BquadB
6 are highly susceptible to hepatitis B, which can be contracted through blood and
7 body fluids;
8 WHEREAS, the State Division of Emergency Medical Services provides
9 grant funds from the Two-For-Life Program for the purpose of providing hepatitis
10 B vaccinations to rescue squad members;
11 WHEREAS, the City of Virginia Beach has been awarded a grant in the
12 amount of $5,992 for this purpose; and
13 WHEREAS, the grant requires a match of $5,992 which is available
14 within the Department of Emergency Medical SerViCe'B FY 1991-92 Operating Budget.
is NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA that a grant in the amount of $5,992 be accepted and
17 appropriated for the pu @ se of providing vaccinations to rescue squad members
18 for hepatitis B and that the required match of $5,992 be transferred from within
19 the PY 1991-92 Operating Budget of the Department of Emergency Medical Services.
20 BE IT FURTHER ORDAINED that estimated revenue from the Commonwealth
21 be increased by $5,992.
22 Adopted on this day October 29 1991.
23 This ordinance shall be effective from the day of its adoption.
A@P@OVED AS TO CONTENT
0 AND EVALUATIOt,'@
FIRST READING: October 22, 1991
SECOND READING: October 29, 1991
- 25 -
Item 111-J.4.
CONSENT AGENDA Item # 35019
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Council ADOPTED:
Ordinance to APPROPRIATE $3b,450 in Medicaid fees
to the Department of Mental Health, Mental
Retardation and Substance Abuse FY 1991-1992
Operating Budget re pre-admission screening and
annual reviews of nursing home and State geriatric
facility residents.*
*The City Clerk advised in accordance with the Ordinance to AMEND and REORDAIN
the Code of the City of Virginia Beach, Virginia, pertaining to appropriations
ordinances/resolutions ADOPTED by City Council on September 3, 1991, this item
does not require a SECOND READING.
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 APPROPRIATE $30,450 IN MEDICAID FEES
2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL
3 RETARDATION, AND SUBSTANCE ABUSE FY 1991-92 OPERATING BUDGET
4 FOR PRE-ADMISSION SCREENING AND ANNUAL REVIEWS OF
5 NURSING HOME AND STATE GERIATRIC FACILITY RESIDENTS
6 WHEREAS, the Omnibus Budget Reconciliation Act of 1987 (OBRA) enabled
7 Medicaid reimbursements for pre-admission screening and annual reviews of nursing
8 home and State geriatric facility residents;
9 WHEREAS, this initiative serves as a critical process to prevent
10 inappropriate admissions to long-term care facilities and to ensure that
11 continuing care is still appropriate, conducive to clinical treatment goals, and
12 cost effective;
13 WHEREAS, the Virginia Department of Mental Health, Mental Retardation, and
14 Substance Abuse has recently surveyed Community Service Boards within the State
15 to determine the need for these so-called 'Level II OBRA Assessments" at a
16 reimbursement rate of $525 for each assessment;
17 WHEREAS, the Community Services Board has forecasted the need for 58
18 assessments;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA that Medicaid Fees in the amount of $30,450 be accepted and
21 appropriated in the Department of Mental Health, Mental Retardation, and
22 Substance Abuse FY 1991-92 Operating Budget for pre-admission screening and
23 annual reviews of nursing home and State geriatric facility residents.
24 BE IT FURTHER ORDAINED that appropriations be offset by a $30,450 increase
25 in estimated revenue.
26 Adopted by the City Council of the City of Virginia Beach, Virginia, this
27 29 day of October 1 1991.
28 This ordinance shall be effective from the date of its adoption.
;KPPROVE@
LEGA@L
00
- 26 -
Item III-J.5.
CONSENT AGENDA Item # 35020
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's property known as the
waters of Lake Wesley to Bruce E. Melchor, Jr.
(Schooner Quay, Kerry Lane, Lot 13) re installation
of a fixed pier, a floating pier and several piles.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must obtain an approved waterfront permit.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A14 ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 CITY'S PROPERTY K14OWN AS
5 THE WATERS OF LAKE WESLEY
6 TO BRUCE E. MELCHOR, JR.,
7 HIS HEIRS, ASSIGNS AND
8 SUCCESSORS IN TITLE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That pursuant to the authority and to the extent thereof
12 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
13 Bruce E. Melchor, Jr., his heirs, assigns and successors in title
14 is authorized to construct and maintain a temporary encroachment
15 into the property known as the waters of Lake Wesley.
16 That the temporary encroachment herein authorized is for
17 the purpose of constructing and maintaining a wooden fixed pier, a
18 wooden floating pier, and several wooden piles and that said
19 encroachment shall be constructed and maintained in accordance with
20 the City of Virginia Beach Public Works Department's specifications
21 as to size, alignment and location, and further that such temporary
22 encroachment is more particularly described as follows:
23 An area of encroachment into a
24 portion of the City's property known
25 as the waters of Lake Wesley, on the
26 certain plat entitled: " PLAN AND
27 SECTION VIEWS PRIVATE MOORING - LOT
28 13 SCHOONER QUAY LANGLEY AND
29 McDONALD, " a copy of which is on
30 f ile in the Department of Public
31 Works and to which reference is made
32 for a more particular description.
33 PROVIDED, HOWEVER, that the temporary encroachment herein
34 authorized shall terminate upon notice by the City of Virginia
35 Beach to Bruce E. Melchor, Jr., himself, his heirs, assigns and
36 successors in title and that within thirty (30) days after such
37 notice is given, said encroachment shall be removed from the City's
38 property known as the waters of Lake Wesley and that he, his heirs,
39 assigns and successors in title shall bear all costs and expenses
40 of such removal.
41 AND, PROVIDED FURTHER, that it is expressly understood
42 and agreed that Bruce E. Melchor, Jr., his heirs, assigns and
43 successors in title shall indemnify and hold harmless the City of
44 Virginia Beach, its agents and employees from and against all
45 claims, damages, losses and expenses including reasonable
46 attorney's fees in case it shall be necessary to file or defend an
47 action arising out of the location or existence of such
48 encroachment.
49 AND, PROVIDED FURTHER, that the party of the second part
50 agrees to maintain said encroachment so as not to become unsightly
51 or a hazard.
52 AND, PROVIDED FURTHER, that this ordinance shall not be
53 in effect until such time that Bruce E. Melchor, Jr. executes an
54 agreement with the City of Virginia Beach encompassing the
55 aforementioned provisions.
56 Adopted by the Council of the City of Virginia Beach,
57 Virginia, on the 29 day of October 19 91
58 KL/ta
59 09/ 25/ 91
60 melchor.ord
T
LEO!,@@
@vf@ 5', lqll)
2
C"g Gwd s@
PROJECT! (Z
F
f@ I @@ @
i
10
I
LOCATION MAP
"EXHIBIT A"
eE-Iee Y
OECrloN FU-=,D Pl@
PILE
FLOA'rll% PI--,?
EXHIBIT 66A" IV
LAKE WESLEY
SCHOONER OUAY SUBDIVISION
ITY/COUNTY: VIRGINIA BEACH
PPLICATION BY: 13RUCE MELCHOR
ENGIA CALE: I"=40'-
DATE, 2-9-87 SHEET I OF I
NOT A SUBDIVISION OF LAND
THIS AGREEMENT, made this /? @d.y of
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipa.1 corporation, party of the first part, and BRUCE E.
MELCHOR, JR., HIS ASSIGNS AND SUCCESSORS IN TITLE, party of the
second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by 'the party of the
second part to construct and maintain a Wooden fixed pier, a
wooden floating pier, and several wooden piles in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such wooden
piers and piles, it is necessary that the said party of the
second part encroach into a portion of the City's property known
as the waters of Lake Wesley; and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate such wooden piers and piles within a
portion of the City's property known as the waters of Lake
Wesley.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's property known as the
waters of Lake Wesley for the purpose of constructing and
maintaining such wooden piers and piles.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's property known as the waters of
Lake wesley as shown on that certain plat
entitled: "PLAN AND SECTION VIEWS PRIVATE
MOORING - LOT 13 SCHOONER QUAY LANGLEY AND
McDONALD," a copy of which is attached
hereto as Exhibit "All and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's property known as the waters of Lake Wesley by the party
of the second part; and that the party of the second part shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part shall obtain an approved waterfront
permit.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
3
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100-00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for tne
collection of local or state taxes.
IN WITNESS WHEREOF, BRUCE E. MELCHOR, JR., the said
party of the second part has caused this Agreement to be executed
by his signature and seal duly affixed. Further, that the City
of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
,@'y Liallager/AUtnorized
Designee of the City Manager
(SEAL)
ATTEST:
t-izy clerk
BY
TO CONTENT
4
TMENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE
OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE,
whose name is signed to the foregoing Agreement bearing date on
the - day of 1 19-1 has acknowledged the
same before me in my City and State aforesaid:
GIVEN under my hand this day of
19
muzary PuDiic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH
whose name is signed to the foregoing Agreement bearing date an
the _ day of 19 -, has acknowledged the
same before me in my City and State aforesaid.
5
GIVEN under my hand this _ day of
19-.
MY Commission Expires: otary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary public
in and for the City and State aforesaid, do hereby certify that
BRUCE E. MELCHOR, JR., whose name is signed to the foregoing
writing, bearing date the / 9 @A day of t
19 @ , has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
19 91
N,
My Commission Expires:
KL/tga
09/12/91
(encroach\melchor.agr)
6
- 27 -
Item III-J.6.
CONSENT AGENDA Item # 35021
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
of $40,133.98 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
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 Meyers E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C@A. 8 REV. aW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF TH;= CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Richmond, Terezinha R. 1989 Audit 118.15 118.15
T/A Terri's Place
337 Providence Road
Chesapeake, VA 23325
superfos Kaichem, Inc. 1990 Audit 5,432.89 5,432.89
T/A Superfos Trading, Inc.
1206 Laskin Road
Virginia Beach, VA 23451
Taylor, Michael A. 1990 Audit 164.54 164.54
T/A H & M Mobile Glass Service
1390 Hammond Court
Norfolk, VA 23503
Va. Beach Lawn & Garden Equipment
T/A Stebbins Lawn Equipment 1988-89 Audit 1,817.29 1,817.29
219 52nd Street
Virginia Beach, VA 23451 Certified as to Payment:
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 7,532.87 were approved by the Council
29 October 91
of the City of Virginia Beach on the day of 19 -
tiUTn Hodges Smith
City Clerk
FORM NO. CA 8 FIEV. 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Patterson, Mira 1990 Audit 183.15 183.15
T/A oriental spa
5911 windaire Road, S.W.
Tacoma, WA 98499
Perlin, Elaine 1989 Audit 414.97 414.97
T/A Perlin Associates
142 W. York street, #618
Norfolk, VA 23510
Perry-Weber, Janine L. 1989 Audit 57.04 57.04
T/A Ocean Health
2217 Sandalwood Road
Virginia Beach, VA 23451
Certified as to Payment:
Commissioner of thi
Approved as to form:
L(Tslie L. Lilley
This ordinance shall be effective from date of City Attorney
adoption.
The above abatements totaling .16 were approved by the Council
of the City of Virginia Beach on the 29 day of October .1991
Ruth Hodges Smith
City Clerk
FORM NO. C.k a FiEv. W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Bennett, Stanley F. 1991 Audit 91.35 91.35
T/A Surf Rider
812 Close Avenue
Virginia Beach, VA 23451
Flanagan, Robert W. 1990-91 Audit 215.69 215.69
T/A Pizza Chef
4437 John Jay Lane
Virginia Beach, VA 23462
Gary R. Cowand Ent., Inc. 1986-90 Audit 317.89 317.89
105 Lenwil Drive
Chesapeake, VA 23325
Certified as to Payment:
ommissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatements totaling $ 624. 93 were approved by the Council
of the City of Virginia Beach on the @9 day of October .19
Ruth Hodges Smith
City Clerk
RORM No. C.& g F;EV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
K- L. Capps & Sons, Inc.
T/A Paint supply co. 1989-90 Audit 231.65 231.65
1004 Fairway Court
Chesapeake, VA 23320
L. M. Sandler & Sons, Inc. 1989 Audit 28',612.18 28,612.18
T/A Sandler Seafoods/Seafoods Galore
1224 Diamond springs Road
Virginia Beach, VA 23455
Lawrence Ent., Inc. 1991 Audit 757.16 757.16
T/A Lawn Care Concepts
2227 County street
Portsmouth, VA 23704
Certified as to Payment:
@-I
Ci evenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 29, 600. 99 were approved by the Council
of the City of Virginia Beach on the @9 day of October 19 91
uth Hodges Smith
City Clerk
FMM NO. C.& 8 FIEV, 3ft
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int. Total
measurement Concept Corp. 1987-89 Audit 954.07
2697 International Parkway 954.07
Virginia Beach, VA 23452
National car Rental Systems, Inc.
7700 France Avenue, South 1989-90 Audit 536.54 536.54
Minneapolis, MN 55435
Parker, William M. & marierie B.
T/A Bay Bicycles 1988-91 Audit 36.16 36.16
1304 Blackwater Road
Chesapeake, VA 23322
Certified as to Payment:
Commissioner of t[
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 6-77 were approved by the Council
of the City of Virginia Beach on the 29 day of October 19 91
Ruth Hodges Smith
City Clerk
FORM NO. C-k 8 REV, 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Personnel Pool of Tidewater Inc.
4049 Schilling Point 1989-90 Audit 152.63 152.63
Virginia Beach, VA 23455
Pollution Equipment Co., Inc.
4105 Thoroughgood Drive 1989 Audit 31.07 31.07
Virginia Beach, VA 23455
Pope, Mahew 1989 Audit 9.56 9.56
T/A Colonial Shoe Repair
6325 Colby Way
Virginia Beach, VA 23464
Certified as to Payment:
4
c
Approved as to form:
c
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 193-26 were approved by the Council
of the City of Virginia Beach on the 29 day of October '19 91
uth Hodges Smith
City Clerk
- 28 -
Item III-K.I.
UNFINISHED BUSINESS Item # 35022
ADD-ON
Councilman Baum referenced a Task Force apppointed by the Governor studying
stricter regulations concerning septic tanks in the rural areas, which will
have an tremendous adverse affect on Chesapeake and Virginia Beach. The
expenses would be more than double. There appears to be no scientific basis for
these studies. Councilman Baum believed this to be an outgrowth of the Non-
tidal Wetlands Bill.
- 29 -
Item II-L.I.
NEW BUSINESS Item # 35023
ADD-ON
Counci Iman Clyburn referenced four incumbents on the Virginia Beach School
Board wi I I be el igible for reappointment: Gregory N. Sti I Iman (At Large),
Samuel W. Meekins (Kempsvi I le), Ulysses V. Spiva (At Large), Floyd E. Taylor
(Pungo).
Counci Iman Clyburn requested written comments be forwarded to the City Clerk
from various Interested parties concerning incumbents and possible candidates.
BY CONSENSUS, In accordance with Virginia State Code, Sec. 22.1-29.1, City
Council:
SCHEDULED a PUBLIC HEARING in the Counci I Chamber
Monday, December 2, 1991, at 10:00 AM to Interview
incumbents and candidates who have filed their
resumes in the Talent Bank indicating their
interest for an appointment to the Virginia Beach
School Board.
The City Clerk wi II Include in the PUBLIC NOTICE
the f o I I ow I ng verb I age: "City Council welcomes
written comments, which may be forwarded to them
through the City Clerk's Office (281 City Hall,
Muncipal Center, Virginia Beach, Virginia 23456-
9005)".
- 30 -
Item II-L.2.
NEW BUSINESS Item # 35024
Mayor Oberndorf ANNOUNCFJ) the death on Monday, October 28, 1991, of George
Raymond Ferrell, longtime civic leader and former Councilman from 1966 to 1980.
He served as Vice Mayor from 1974 to 1976.
Councilman Ferrell was the Mayor's mentor and NOMINATED her to the Library
Board in the 1970s. The Mayor and City Council extended their sincere sympathy
to the family of this dedicated and much admired gentleman.
- 31 -
item I-L.2.
RECESS INTO
EXECUTIVE SESSION Item # 35025
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Sea Soms, City
Council voted to proceed into EXECUTIVE SESSION, pursuant to Section .1-
344(A), Code of Virginia, as amended, for the following purposes:
1. SONNEL MATMS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Interviews of Candidates for the Position of City Manager
The EXECUTIVE SESSION shall be held at an undisclosed location within fifteen
(15) days as permitted by Section 2.1-344.1(B) of the Code of Virginia, after
which to adjourn and to be certified at the next Session of City Council.
Voting: 10-0
Council Members Voting Aye:
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 Meyers E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
- 32 -
Item II-M.l.
ADJOU
Item # 35026
BY CONSENSUS, City Council ADJOURNED the Meeting at 4:35 P.M.
Beverly k@s CMC
hi.efDepu ty C.1t; Clerk
R th Hodges mith, CMCIAAE
ity Clerk
City of Virginia Beach
Virginia
(An informational video of approximately 7 minutes on Lake Gaston was shown to
the City Council after ADJOURNMENT, prior to being released to the public.)