MAY 14, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
CITY COUNCIL AGENDA
MAY 14, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 12: NOON
A. INDIAN RIVER ROAD PROJECT
C. Oral Lambert, Director of Public Works
ITEM 11. INFORMAL SESSION - Council Chamber - 1:30 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Pre@iding
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. INVOCATION: Reverend Edward A. McLeod
Ktngs Grant Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STAT:S OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. FORMAL SESSION - April 23, 1991
ITEM #34359 (PAGES 43-45)
2. INFORMAL & FORMAL SESSIONS - May 7, 1991
G. ORDINANCES
1. FY 1991-1992 OPERATING BUDGET
a. Ordinance, upon SECOND READING, establisilng the tax levy on
real estate for Tax Fiscal Year 1992, ($1.09 per $100 assessed
value).
b. Ordinance, upon SECOND READING, establisling the tax levy on
personal property and machinery and tools for the Calendar Year
1992, ($3.80 per $100 assessed value).
c. Ordlnance, upon SECOND READING, maklng AFIPROPRIATIONS for the
Fiscal Year beginning July 1, 1991 and ending June 30, 1992, in
the sum of Six Hundred Forty-five Million, Four Hundred
Thirty-six Thousand, One Hundred Fifty-nine Dollars
($645,436,159) for Operations and Tw(, Hundred Fifty-one
Million, One Hundred Sixty-elght Thousand Four Hundred Fifty-
seven Dollars ($251,168,457) in Interfund Transfers and
regulating the payment of money out of the City Treasury, as
amended.
2. Ordinance requiring City Council's approval for the allocation of
City resources valued in excess of Twen,-y Thousand Dollars
($20,000) for festivals, parades and related etents. (Sponsored by
Councilman James W. Brazier, Jr.)
3. Ordinance to authorize acquisition of properly in fee simple for
right-of-way and the acquis[tton of temp(,rary and permanent
easements of right-of-way, either by agreement or condemnation, for
Indian River Road Phase V (CIP 2-080).
H. RESOLUTIONS
1. Resolution directing the City Manager fcrmuiate procedures,
guidelines and a plan of Implementation for the establishment of a
Citizenst Review Comrnittee. (Sponsored by CDuncil Lady Reba S.
McCianan)
2. Resolutions providing for early retirement of (Ity employees:
a. Establ ish eligibility and related benefite for members of the
Virginia Retirement System.
b. Supplementary benefits (enhanced Incentive! ) for eligible City
employees who elect early retirement.
3. Resolutions directing the Planning Commission -o study, review and
make its recommendation withln ninety (90) days to City Council re:
a. changes to the fee structure for development regulations
affecting agricultural property. (Sponsored by Councilman Paul
J. Lanteigne)
b. certain setback requirements In Nortl Virginia Beach.
(Sponsored by Vlce-Mayor Robert E. Fentress
1. CONSENT AGENDA
A I I matters I i sted under the Consent Agenda a, e cons i dered i n the
ord I nary course of bus i ness by C ity Counci I an(I w I I I be enacted by
one motion In the form listed. If an Item Is remdved from the Consent
Agenda, It will be discussed and voted upon separetely.
1. Reso I ut i on author 1 z i ng the C I ty Manager to d i 5pose of certa i n C I ty
property, known as the blue glass crystal collection, by selling it
to Richard Kline at a price to be determined ty appraisal.
2. Ordinance to AMEND and REORDAIN Chapter 12 of the Code of the City
of Virginia Beach, Virginta, re fire safety, smoke detectors and
duties of the Flre Marshal.
3. Ordinances re Princess Anne Road and Sandbri ge Road Intersection
Improvements (CIP 2-816):
a. Authorize acquisition of property in fee simple for right-of-
way and the acquisition of temporary and parmanent easements of
right-of-way, either by agreement or condennation.
b. TRANSFER $173,000 from Flanagan's Lane (CIP 2-134) to Traffic
Safety Improvements (CIP 2-816) to fund construction traffic
safety improvements at Princess Anne and Sindbridge Roads;
AND,
Authorlze the City Manager to Issue a hange order to the
original General Booth Boulevard Phase 11 contract for such
traffic safety Improvements.
4. Ordinance, upon SECOND READING, to APPROPRIATE $29,791 from excess
Income funds for housing programs in Target areas to the Community
Development loan and grant fund.
5. Ordinance, upon FIRST READING, to ACCEPT an( APPROPRIATE $1,611
Grant from the Virginla Division of Ernergency Medical Services to
the Department of Emergency Medical Services -e purchase of laser
jet printer.
6. Ordinance to authorize a temporary encroachmelt Into a portion of
the City's property known as the waters of Lake Joyce to Robert H.
and Pauline K. Gillock (2345 Bayville Road) re constructing and
maintainlng a bulkhead (BAYSIDE BOROUGH).
7. Ordinance authorizing tax refunds in the amount of $38,132.69.
8. Ordinances authorizing license refunds In the anount of $4,063.42.
J. PUBLIC HEARING
1. PLANNING
a. Petition of GEMINI BUILDERS, INC. for -he discontinuance,
closure and abandonment of a portion of Old Prin-cess Anne Road.
on the Eastern boundary of Old Princess Ann Road, beginning at
a point 68.3 feet South of Dunh i I I Dr i v a and runn i ng I n a
Southerly direction a distance of 677.70 fe,?t, being 20 feet In
width and containing 13,550 square feet (KETIPSVILLE BOROUGH).
Recommendation: APPROVAL
b. Application of PROVIDENCE PRESBYTERIAN CHIRCH for a Conditional
Use Permit for a church (addition) at the Southeast
intersection of Providence Road and Whitehurst Landing Road
(5497 Providence Road), contaln ng 2.816 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
c. Application of THE CHURCH OF ST. GREGORY THE GREAT for
a Conditional Use Permit f or @ [ church addition
(cafeter a kitchen) at 5345 Virginiz Beach Boulevard,
containing 14.72 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of FRANK DREW for a Condit onal Use Permit for
a h(xne occupation (sale of antiques) on the North side
of North Landing Road, West of West Neck Road
(2634 North Landing Road), containing 3.06 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
e. Application of RACE PREP MOTORSPORTS, INI@. for a Conditional
Use Permit for an 'automobile repair garag(! and car wash on the
Wes s de of Seahawk Circle, 750 feet mcre or less South of
Internatlonal Parkway (777 Seahawk --ircle), containing
2.02 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
f. Application of VIRGINIA BEACH EVENTS UNI.IMITED, INC. for a
Conditional Use Permit for a commercial parking lot at the
Northeast corner of Atlantic Avenue and 31!;t Street, containing
1.03 acres (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
g. Application of SIGNET BANK/VIRGINIA for , Conditional Zoning
Classification from 0-2 Office District to B-1 Neighborhood
Business Distric-@ at the Southeast Intersection of
Indian River Road and Lake James Drive (12(0 Lake James Drive),
containing 37,810 square feet (KEMPSVILLE EOROUGH).
Recommendation: APPROVAL
h. Application of KAY V. McDANIEL for a Condillonal Use Permit for
a residential kennel on Lot 27, LinkhoFn-Shores
(1209 Kent Lane), containing 21,78C square feet
(LYNNHAVEN BOROUGH).
Recommendation: DENIAL
i. Ordinance to AMEND and REORDAIN the City Zoning Ordinance:
(a) Section 106 re fees for variance appl !cations for certain
fences.
(b) Sections 1501, 1506 and 1507 re regulations In the RT-1
Resort Tourlst District.
Recommendation: APPROVAL
K. APPOINTMENTS
MEDICAL COLLEGE OF HAMPTON ROADS
PUBLIC-USE GOLF COURSE COMMITTEE
L. UNFINISHED BUSINESS
1. OLD DONATION FARM PARTNERSHIP Conditional Use Permit - June 1, 1987
Clariflcation of Conditions
Robert J. Scott, Director of Planning
M. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENT
July 1, 1990 - March 31, 1991
Giles G. Dodd, Assistant City Manager for Administration
N. ADJOURNMENT
5/9/91 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgiiiia Boicli, Virginia
May 14, iggi
Vice Mayor Robert E. Fentress called to order the CIT@' MANAGER'S BRIEFING
relative the INDIAN RIVER ROAD PROJECT of the VIRGINIA FEACH CITY COUNCIL in
the Council Chamber, City Hall Building, on May 14, 1991, @it 12:00 NOON.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha old
Heischober, Louis R. Jones, Paul J. Lanteigne, Reb S.
McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf (RECOVERING FIOM MAJOR SURGERY)
William D. Sessoms, Jr. (ENTERED: 12:15 P.M.)
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C IT Y MANA GE R ' S B R I E F I I G
INDIAN RIVER ROAD PROJECT
12:00 NOON
ITEM # 34407
C. Oral Lambert, Jr. , Director of Public Works, distributed a map depicting
INDIAN RIVER ROAD, PHASE V, I-64 - FERRELL PARKWAY, CIP 2-089.
The proposed project provides for the widening of Indian Ziver Road between I-
64 and Ferrell Parkway, a distance of 1.5 miles. The existing four-lane divided
roadway will be widened to eight lanes between I-64 and -elocated Centerville
Turnpike and six lanes between relocated Centerville 'Purnpike and Ferrell
Parkway. The widening to six lanes will occur by utilizing the existing median.
With the eight-lane section, additional right-of-way mist be acquired. The
project, subject to approval, is SCHEDULED to commence con3truction in February
1992 with expected completion by August 1993. This proje(@t will coincide with
two other major projects, I-64 Interchange Improveiients and Relocated
Centerville Turnpike.
The existing Centerville Turnpike will be closed. The exi-ting traffic signal,
which serves Strickland Boulevard will be removed. The @@edian break will be
closed. A new major intersection and entrance to the CBN C)mplex is proposed to
be created in front of Founders Inn. City staff cannot stpport the concept of
leaving Old Centerville Turnpike in place. Relative the possibility of keeping
the Old Centerville Turnpike in place with a right turr-in only as per the
request of CBN, Mr. Lambert advised this was not recommended as traffic
problems would be created particularly with regards to "weaving". Motorists
coming from Indian River Road and wishing to utilize the @iccess will be trying
to get over into that lane and mixing with traffic from the off-ramps, thus
creating a "weaving" pattern. Mr. Lambert advised a connection is being
provided from the new entrance over to Centerville rurnpike. Access to
Strickland is being adequately accommodated by the :iew intersection or
traveling a little farther to the east of the traffic si,nal and making a U-
turn controlled by a traffic signal. The new intersection at the relocated
Centerville Turnpike will be striped so traffic traveling north on Centerville
Turnpike will be directed to either right turn or left turil.
Fenton Street was recommended to be a cul-de-sac to elimijate conflict. As per
the request of the residents, Fenton Street will remain open, but the issue
might have to be reconsidered when Indian River Road is further widened from
six to eight lanes. Regarding pedestrian access, a traffi-- signal is proposed
at Tompkins Lane and a new road which will extend Ferry oint Road over to a
line with the traffic signal. Ferry Point Road ' which currently ties into
Indian River Road, should be a cul-de-sac. The net area cf major impact would
involve the two major shopping centers served at Lila Lane. The existing median
located at Lila Lane/Indian Lane is recommended to be c- osed. A directional
left turn lane is recommended to be provided into both of the shopping centers.
Traffic would be able to left-turn into each site, but ul,on leaving the site
would not be able to left-turn out. The property owners would prefer a full
service median break with a traffic signal. However, from a traffic operation
standpoint, this would result in major breakdowns in the vclumes because of the
proximity of other signals. Mr. Lambert suggested the median closing be delayed
to determine if the Staff's projections materialize, wh:-ch will provide at
least partial access. This project will entail acquisi:ions of additional
right-of-way, as there is not enough room in the median !;trip to accommodate
the left turn lane. Five or six feet of right-of-way must b2 acquired on either
side. The business on the north does have access through @n existing road and
an existing signal here; however, the business on the south has no access other
than one point at Indian River Road. Additional left iand turns will be
provided at the Kempsville Road Intersection.
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C IT Y MANA GE R ' S B R I E F II G
INDIAN RIVER ROAD PROJECT
ITEM # 34407 (Continued)
John Herzke, Traffic Engineer, advised there are two east)ound lanes on Indian
River Road coming across the bridge and an additional off-ramp lane. The
"weaving" occurs from the traffic in the off-ramp that ,ish to go through or
proceed down to make a left turn. In addition, with the fiture improvements to
the Interstate, the bridge will be widened. A third lan@ and fourth lane on
Indian River Road will be developed for the ramps. ConsequE!ntly, this "weaving"
will be exasperated even more as there will be additioneil lanes for traffic
back and forth. Concerning the traffic volume relative Lhe right turn-in at
Founders Inn, at the afternoon peak by the design year, th@ traffic volume will
be approximately 200 cars an hour.
The distance between the exisiting entrance to CBN and the new entrance is
approximately 650 feet.
- 4 -
C I T Y M A N A G E R ' S B R I E F I f[ G
PROGRESS REPORT RE ALLEGATIONS PERTAINIIG
TO THE VIRGINIA BEACH POLICE DEPARTMENR
1:00 P.M.
ITEM # 34408
The City Manager presented a Progress Report to City Couni:il Pertaining to the
Virginia Beach Police Department. Said report is hereby made a part of the
record.
The City Manager has requested facts and further investi@ation from the Chief
of Police due to extensive allegations raised in print which might create
negative perceptions. The City Manager has requested ind,!pendent reviews from
the Justice Department and the F.B.T. Upon receipt of this information, the
City Manager will complete a careful review and make any n@cessary decisions or
recommendations based on serious deliberations. The City Manager will not
condemn or tolerate the condemnation of an entire departMEnt of over 600 sworn
officers for what might be inappropriate behavior by a few individuals on a few
occasions The City Manager remains convinced the vast maj(,rity of the officers
in the Police Department are dedicated, responsible, coirageous and highly-
trained employees who exercise proper restraint at all tim@S.
The City Manager reiterated activities underway pertirent to the various
allegations relative the Police Department.
General Order No. 1502 relating to "nol-prossing" -@ases has been
expanded to include a prohibition on merging or recucing charges.
This means efforts to bargain charges are left in the hands of
attorneys and the courts, not individual police office7s.
The Police Department is currently working with the (:ity Attorney's
Office to provide for the release of results of internal
investigations of citizen complaints to the public, In addition,
reports will be provided to City Council relative ccmplaints filed
with the Police Department.
The creation of an advisory group is being examined thoroughly in
each of the four police precincts pending investigati(n of a similar
program instituted in Fairfax County.
The efforts in the Community Relations Unit has been expanded
specifically toward targeting high emphasis areas witt programs such
as PAL and other community support programs.
The City Manager will continue to monitor and report to City Council
on the positive impacts of the Problem Oriented Policing Program in
the Third Police Precinct.
The training program has been expanded and one-third of all
lieutenants have gone through career counselling to assist officers
with critical incident debriefing
The City Manager will be releasing a report to City Council on
previous complaints filed with the Police Department and the
disposition of those cases.
The City is proceeding with an analysis of the various types of
offenses filed by officers, their disposition and th@ir employment
data. A partial listing of the factors entails:
Review of pertinent criminal offenses
Case disposition
Location/time of arrest
Educational background
Age and marital status
Academy training class
Field training officer
Previous employment background
Assignment history
Shift assignments
- 5 -
C I T Y M A N A G E R ' S B R I E F I 11 G
PROGRESS REPORT RE AliEGATIONS PERTAINING
TO THE VIRGINIA BEACH POLICE DEPARTMENT
ITEM # 34408 (Continued)
In order to provide a 24-hour a day, 7-day a wl!ek method for
individuals to notify the department of their concerns, the telephone
number of the Internal Affairs Unit of the Department of Police will
be advertised.
The entire complaint filing process will be examined to ensure that
it is user-friendly, readily available at multiple locations, and has
an easily understood complaint form. The City ManagEr will also be
examining the possibility of having ethical, pers()nal injury or
property damage reports filed with third party agenc-es such as the
City Manager, City Clerk or City Attorney Offices.
The Police Chief has contacted minority organizations requesting
recommendations on appropriate standards and participition in police
training such as the Academy and in-service training.
Alternatives have been examined for the processing of cases involving
assault on Police Officers and consideration relatile how to best
distinguish and balance employee rights and matters i,f criminal and
civil litigation.
The City Manager will not only be utilizing the expertis,! of the professional
staff, but will be seeking assistance from others outsid( the City government
who have experience and insight in these areas: organizations such as the
Menniger Foundation, expertise identified by the Nation@il League of Cities,
appropriate groups from police professional organizations and appropriate
federal organizations. The City Manager will be seeking assistance from a small
group of private citizens, in order to bring this mat--er to a speedy and
complete conclusion. This committee will assist in the pr,@paration of a report
which will be shared with the City Council:
The Honorable George Vakos
Chair
Attorney Bryan Williams
Donald Trueblood
Attorney Judy Rosenblatt
William Schlimgen
As it is highly inappropriate to single out one departm!nt for this type of
examination, the City Manager will request the Committee levelop a proposal to
include improper use of authority by any City employee.
- 6 -
ITEM # 34409
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL wE s called to order by
Vice Mayor Robert E. Fentress in the Council Chambers, Ci ty Hall Building, on
Tuesday, May 14, 1991, at 1:15 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Rober: W.
Clyburn, Vice Mayor Robert E. Fentress, H rold
Heischober, Louis R. Jones, Paul J. Lanteigne, Re a S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
- 7 -
ITEM # 34410
Vice Mayor Robert E. Fentress entertained a motion to p@rmit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATRERS: Discussion or consideration Df or interviews of
prospective candidates for employment, assignment, a])pointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Medical College of Hampton Roa(.s
Public-Use Golf Course CommittEe
2. PUBLICLY-HELD PROPERTY: Discussion or considerati(,n of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property pursuant to Se(tion 2.1-344(A) (3).
To-Wit: Real Property Acquisition - Princess Ann@ Borough (Municipal
Center)
Upon motion by Councilman Heischober, seconded by Coun:iilman Clyburn, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., RoberL W.
Clyburn, Vice Mayor Robert E. Fentress, Hirold
Heischober, Louis R. Jones, Paul J. Lanteigne, ReDa S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
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F OR MA L SE S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 14, 1991
2:00 P.M.
Vice Mayor Robert E. Fentress called to order the FO MAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, Ci y Hall Building, on
Tuesday, May 14, 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, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (RECUPERATING FROM MAJOR SURGERY)
TNVOCATION: Reverend Edward A. McLeod
Kings Grant Presbyterian Church
PLEDGE OF ALLEGIANCE To THE FLAG OF THE UNITED STATES OF @MERICA
9
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34411
Upon motion by Councilman Baum, seconded by Councilman Hei@chober, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH TIE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requlrements by Virginia law were
discussed In Executive S6ssion to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Execitive
Session were heard, discussed or considerel by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Roberl W.
Clyburn, Vice Mayor Robert E. Fentress, H@rold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reta S.
McC]anan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convene into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded i i ITEM # 34410,
Page No. 7 and in accordance with the provisions f The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virsinia 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 Vir@inia Beach City
Council hereby certifies that, to the best of each mem)er's knowledge,
(a) only public business matters lawfully exempted flom Open Meeting
requirements by Virginia law were discussed in Execttive Session to
which this certification resolution applies; and, (b) )nly such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or conside,-ed by Virginia
Beach City Council.
@h Hodges'Smith, CMC/AAE
City Clerk May 14, 1991
- 10 -
Item 111-F.I.
MINUTES ITEM # 34412
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Councl I APPROVED ITEM # 34359, Pages 43 and 44 of the M nutes of the FORMAL
SESSION of April 23, 1991, with the addition of the follow ng statement:
City Council also recognizes the concerns stat(@d by
Larkspur Civic League, Brookside Condomlnium
Association and the Kemspville Greens Civic L41ague
at the April 23, 1991, City Council Session and
wil I consider these concerns with the sale of the
property. (Said concerns are hereby made a part of
the record.)
ORDINANCE UPON APPLICATION OF THE CITY OF VIR( INIA
BEACH FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-10 TO B-3 Z04911306
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIR( INIA
BEACH FOR CONDITIONAL ZONING CLASSIFICATION FROM
1-2 TO B-3 Z04911307
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Roberl W.
Clyburn, Vice Mayor Robert E. Fentress, Hfrold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reta S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Item III-F.2.
MINUTES ITEM # 34413
Upon motion by Councilman Heischober, seconded by Coincilman Jones, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAI SESSIONS of May 7,
1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robeit W.
Clyburn, Vice Mayor Robert E. Fentress, farold
Heischober, Louis R. Jones, Paul J. Lanteigne, REba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
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Item III-G.l.
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34414
The following registered to speak concerning the FY 1991-1)92 OPERATING BUDGET:
Sheldon Corner, 325 Susan Constant Drive, Phone: 4!8-1731. Mr. Corner
recommended the City Council reduce their pay by $12 )O per year as good
leaders must set an example to restore employee morale. Every staf f member
earning $52,000 or more per year should have their salary reduced by $1200 per
year. Relative the School Budget, more value should be attained from every
$1.00 spent. Mr. Corner suggested several items be elimiuated from the Budget.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pac:! spoke in OPPOSITION
to the increase in real estate and personal property taxes. Mr. Pace suggested
every car license in the City of Virginia Beach wil. require payment of
personal property taxes. There should be a balance between the School and City
Budget.
Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008. Mr. Le!"Iesne represented the
Citizens Action Coalition, spoke in OPPOSITION to the in-rease in real estate
and personal property taxes and against the actions of tle State Government in
cutting School funds.
Colonel Bob Engesser, 5290 Vestry Drive, Phone: 499-3157. Colonel Engesser
spoke relative the Banks holding the citizens "idle" money.
Upon motion by Councilman Heischober, seconded by Councilian Baum, City Council
ADOPTED, upon SECOND READING:
Ordinance, establishing the tax levy on real (state
for Tax Fiscal Year 1992, at $1.09 per $100
assessed value.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robi!rt E.
Fentress, Harold Heischober, Louis R. Jone:; and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne, Reba S.
McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
"Councilman Brazier DISCLOSED pursuant to Section 2.1-63@.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Offi,,e. Councilman Brazier
declared he was able to participate in the transaction f@iirly, objectively and
in the public interest. Councilman Brazier's letter of Nay 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction f@iirly, objectively and
in the public interest. Councilman Lanteigne's letter of Ilay 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE ESTABLISHING THE TAX LE\A
2 ON REAL ESTATE FOR TAX FISCAL YEAR 1992
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BENCH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REALEST_ATE.
5 There shall be levied and collected for fiscal year 1992 taxes for gen @ral purposes on all real
6 estate, not exempt from taxation and not otherwise provided for in this Ordir ance, at the rate of one
7 dollar and n!-ne cents ($1.032 on each one hund ed dollars ($100) of
8 assessed valuation thereof. The real property tax rates which have been prc scribed In this section shall
9 be applied on the basis of one hundred percentum of the fair market value c f such real property except
10 for public service real property which shall be on the basis as provided in S(ction 58.1-2604 of the Cc>de
1 1 of Virginia, as amended.
12 Section 2. AMOUNT OF LEVY ON "CER ONTF OL EQUI MENT AND
13 FACILITIES' CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1 E 50), as amended, there shall
15 be levied and collected for general purposes for fiscal year 1992, taxes on a I real estate certified by the
16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Fa(ilities" not exempt from
17 taxation, at the rate of one dollar and nine cents ($+.0,2 @09 on each one
18 hundred dollars ($100) of assessed valuation thereof. The real propeny tax 'ates imposed in this section
19 shall be applied on the basis of one hundred percentum of fair market value of such real property.
20 Section 3. CONSTITUTIONALITY.
21 That if any part or parts, section or sections, sentences, clause, or [ hrase of this Ordinance is
22 for any reason declared to be unconstitutionai or invalid, such decision shal not affect the validity of the
23 remaining ponion of this Ordinance.
24 Section 4. EFF CTIVE DATE.
25 This Ordinance shall be in effect from and after the date of its adopi on.
26 First Reading: May 7, 1991
27 Second Reading: May 14, 1991
28 Adopted by the Council of the city of Virginia Beach, Virginia on the 14 day ofM@, 1991.
- 13 -
Item 111-G.l.b.
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34415
Upon motion by Councilman Heischober, seconded by Couiicllman Jones, City
Council ADOPTED, upon SECOND READING:
Ordinance establishing the tax levy on personal
property, machinery and tools for the Calendar Year
1992 at $3.80 per $100 assessed value.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reta S.
McCianan and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne and Nan(y K.
Parker
Council Members Absent:
Mayor Meyera E. Oberndort
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position In the Commonwealth Attorney's Offic@. Councilman Brazier
declared he was able to participate in the transaction fa rly, objectively and
In the public interest. Councilman Brazier's letter of tAa@ 2, 1991, is hereby
made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-E39.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position In the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fa rly, objectively and
in thepublic Interest. Councilman Lanteigne's letter of M3y 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE ESTABUSHING THE TAX LEVY ()N
2 PERSONAL PROPERTY AND MACHINERY AND TO DLS
3 FOR THE CALENDAR YEAR 1992.
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 S ti n 1. AMOUNI OPER rY.
6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended. there
7 shall be levied and collected for general purposes for the calendar year 199!, taxes on all tangible
8 personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate
9 of three dollars and eighty cents ($3.80) on each one hundred dollars ($1 OC I of assessed valuation
10 thereof.
1 1 In accordance with Section 58.1-3504 for the Code of Virginia (195(), as amended, certain
12 household goods and personal effects as defined therein shall be exempt f 1 Dm taxation.
13 S fion 2 AM, ERTAI FIE
14 TY USED AS MOBILE HOMES.
15 In accordanre with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there
16 shall be levied and collected for general purposes for the calendar year 19@ 2 taxes on all vehicles
17 without motor power used or designated to be used as mobile homes, at t ie rate of one dollar and thfee
18 nine cents ($i.082 on each one hundred dollars ($1(0) of assessed valuation
19 thereof.
20 Section 3. AM WEIGHIN FIVE T NS OR
21 MORE.
22 In accordance with Section 58.1-3506 (A)(1) of the Code of Virgini;i (1950), as amended, there
23 shall be levied and collected for general purposes for the Galendar year 1932 taxes on all boats or
24 watercraft weighing five tons or more at the rate of one dollar and fifty cen @s ($1.50) on each one
25 hundred dollars ($100) of assessed valuation thereof.
26 Section 4. AMOUNT 0 q r D
27 DE
28 In accordance with Section 58.1-3660 (A) of the Code of Virginia (i950), as amended, there shall
29 be levied and collected for general purposes for the calendar year 1992 taxes on all tangible personal
30 property certified by the Commonwealth of Virginia as "Certified Pollution 1 ' Ontrol Equipment and Facili-
31 ties' not exempt from taxation, at the rate of three dollars and eighty cent@; ($3.80) on each one hundred
32 dollars ($100) of assessed valuation thereof.
33 Section 5. A AND IMPI EMENTS FARM TOOLS AND
34 F ND FEEDS UUSSEEDD FOR THE
35 2ULT-RY.
36 In accordance with Section 58.1-3505 of the Code of Virginia (i 9,, 0), as amended, there shall be
37 levied and collected for general purposes for the calendar year 1992 taxe; on all farm machinery and
38 implements, farm tools, and farm livestock, including all horses, poultry, a nd grains and feeds used for
39 the nurture of farm livestock and poultry, not exempt from taxation, at thE rate of one dollar ($l) on each
40 one hundred dollars ($100) of assessed valuation thereof.
41
42 In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be
43 levied and GOilected for general purposes for the calendar year 1992 taxes o i machinery and tools, not
44 exempt from taxation, at the rate of one dollar ($l) on each one hundred do ars ($100) of assessed
45 valuation thereof.
46 ton 7 AMO NT OF LEVY ON AIRCRAFI.
47 In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virgini@ (1950), as amended, there
48 shall be lev!Ld and collected for general purposes for the calendar year 199, taxes on all aircraft at the
49 rate of three dollars and eighty cents ($3.80) on each one hundred dollars (I 100) of assessed valuation
so thereof.
51 Section 8. AMOUNT OF LEVY ON ANTIOUE AUTOMOBILES.
52 In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia 1950), as amended, there
53 shall be levied and collected for general purposes for the calendar year 199! taxes on all antique
54 automobiles at the rate of three dollars and eighty cents ($3.80) on each onB hundred dollars ($100) of
55 assessed valuation thereof.
56 Section 9. AMOUNT F LEVY N HEAVY ONSTRUCTION E UL"MENT.
57 In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there
58 shall be levied and collected for general purposes for the calendar year 19C 2 taxes on all heavy
59 construction equipment at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars
60 ($100) of assessed valuation thereof.
61 Section OUNT OF LEVY ON RESEARCH AND DEVELOPME IBLE
62 PERSONAL PROPERTY.
63 In accordance with Section 58.1-3506 (A)(5) of the Code of Virginiz (1950), as amended, there
64 shall be levied and collected for general purposes for the calendar year 191,)2 taxes on all research and
65 development tangible personal property, not exempt from taxation, at the rate of one dollar ($l) on each
66 one hundred dollars ($100) of assessed valuation thereof.
67 S cti nil A EMENT.
68 In accordance with Section 58.1-3506 (A)(7) of the Code of Virginii i (i 950), as amended, there
69 shall be levied and collected for general purposes for the calendar year 19 32 taxes on all energy
70 conversion equipment at the rate of one dollar ($I) on each one hundred Jollars ($100) of assessed
71 valuation thereof.
72 Section 12. A NARE.
73 In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there
74 shall be levied and collected for general purposes for the calendar year 1 @ 192 taxes on all computer
75 hardware used by businesses primarily engaged in providing data proces!;ing services to other
76 nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty
77 cents ($3.80) on each one hundred dollars ($100) of assessed valuation t ereof.
78 C,.. 13 AMOUNT OF LEVY ON 1
79
80 In accordance with Section 58.1-3506 (A)(I 0) of the Code of Virginia (1 950), as amended, there
81 shall be levied and collected for general purposes for the calendar year 199" taxes on all privately
82 owned pleasure boats and w atercraft use for recreational purposes only, at I rie rate of one dollar and
83 fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
84 Se fi n 14 AM TRAILER AND M T R
85
86 in accordance with Section 58.1-3506(A) (1 4) of the Code of Virgini@ (i 950), as amended, there
87 shall be levied and collected for general purposes for the r-alendar year 199 !, taxes on all privately
88 owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia (1950),
89 as amended, which are used for recreational purposes only, at the rate of o ie dollar and fifty cents
90 ($1.50) on each one hundred dollars ($100.00) of assessed valuation thereo.
91 Section 15. ASSESSED VALUE DETER INATION.
92 In accordance with Section 58.1-3103 of the Code of Virginia (1950]. as amended, personal
93 property mentioned in the above sections shall be assessed at actual fair rr arket value, to be determined
94 by the Commissioner of Revenue for the City of Virginia Beach.
95 Section 16. CONSTITUTIONALITY.
96 That if any part or parts, section or sections, sentences, clause, or )hrase of this ordinance is for
97 any reason declared to be unconstitutional or invalid, such decision shall n )t affect the validity of the
98 remaining portions of this ordinance.
99 Section 17. EF
100 This ordinance shall be in effect January 1, 1992.
101 First Reading: May7, 1991
102 Second Reading: May 14, 1991
103 Adopted by the Council of the city of Virginia Beach, Virginia on th,, 14 day of @ay, 1 991.
- 14 -
Item III-I.l.c
ORDINANCES
FY 1991-1992 OPERATING BUDGET ITEM # 34416
A MOTION was made by Councilman Heischober, seconded b3 Councilman Jones to
ADOPT upon SECOND READING the Ordinance making APPROPRII@TIONS for the Fiscal
Year beginning July 1, 1991, and ending June 30, 1992, the sum of Six Hundred
Forty-five Million, Four Hundred Thirty-six Thousand, Oie Hundred Fifty-nine
Dollars ($645,436,159) for Operations and Two Hundred FLfty-one Million, One
Hundred Sixty-eight Thousand, Four Hundred Fifty-seven Iollars ($251,168,457)
in Interfund Transfers and regulating the payment of m3ney out of the City
Treasury, as amended.
Councilman Lanteigne requested the MOTION be AMENDED to include proposals
regarding the Truck Weighing Program and the Weights ilnd Measures Program.
Councilman Heischober did not accept the Amendment.
Upon motion by Councilman Heischober, seconded by Coincilman Jones, City
Council ADOPTED, upon SECOND READING:
Ordinance making APPROPRIATIONS for the Fiscal Year bi!ginning July 1,
1991, and ending June 30, 1992, the sum of Six Hurdred Forty-five
Million, Four Hundred Thirty-six Thousand, One Hunjred Fifty-nine
Dollars ($645,436,159) for Operations and Two Huidred Fifty-one
Million, One Hundred Sixty-eight Thousand, Four Huncred Fifty-seven
Dollars ($251,168,457) in Interfund Transfers and regulating the
payment of money out of the City Treasury, as amended
Voting: 6-44@
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Rob rt E.
Fentress, Harold Heischober, Louis R. Jone and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne, Re)a S.
McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
"Councilwoman Parker voted Aye only on School Budget )ut not the portions
related to Administration/Operations/Maintenance.
"Councilman Brazier DISCIDSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virgiiia Beach as a police
officer in a position in the Commonwealth Attorney's Offi(e. Councilman Brazier
declared he was able to participate in the transaction fcirly, objectively and
in the public interest. Councilman Brazier's letter of M@Ly 2, 1991, is hereby
made a part of the record.
"Councilman Lanteigne DISCLOSED pursuant to Section 2.1-'39.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction feirly, objectively and
in the public interest. Councilman Lanteigne's letter of @ay 2, 1991, is hereby
made a part of the record.
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE F SCAL
2 YEAR BEGINNING JULY 1, 1991 AND ENDING JUNE 30,1992,
3 IN THE SUM OF SIX HUNDRED FORTY-FIVE MILLION, FOUR
4 HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED FIFTY-NINE
5 DOLLARS ($645,436.159) FOR OPERATIONS AND TWO liUNDRED
6 FIFTY-ONE MILLION, ONE HUNDRED SIXTY-EIGHT THCUSAND,
7 FOUR HUNDRED FIFTY-SEVEN DOLLARS ($251,168,457 IN
a INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF
9 MONEY OUT OF THE CITY TREASURY, AS AMENDED.
10 WHEREAS, the City Manager has heretofore submitted to the Counci an Annual Budget for the
1 1 city for the fiscal year beginning July 1, 1991, and ending June 30. 1992, and it is necessary to
12 appropriate sufficient funds to cover said budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE C TY OF VIRGINIA BEACH,
14 VIRGINIA:
15 Section 1. That the amounts named aggregating EIGHT HUNDRED 14INETY-SIX MILLION, SIX
16 HUNDRED FOUR THOUSAND, SIX HUNDRED SIXTEEN DOLLARS ($896,60@,616) consisting of TWO
17 HUNDRED FIFTY-ONE MILLION, ONE HUNDRED SIXTY-EIGHT THOUSAND FOUR HUNDRED FIFTY-
18 SEVEN DOLLARS ($251,168,457) in Interfund transfers and SIX HUNDRED F()RTY-FIVE MILLION, FOUR
19 HUNDRED THIRTY-SIX THOUSAND, ONE HUNDRED FIFTY-NINE DOLLARS ($645,436,159) for
20 operations or so much thereof as may be necessary as set forth in the Annu@ ii Budget for the fiscal year
21 1991-1992, are hereby appropriated subject to the conditions hereafter set fcth, for the year 1991-1992,
22 for the use of the several departments and specially designated funds of the @ity government, and for the
23 purpose hereafter mentioned, as set forth in said Annual Budget, which is he -eby incorporated by
24 reference, for the fiscal year beginning July 1, 1991 and ending June 30, 199? as follows:
GENERAL FUND
LEGISLATIVE DEPARTMENT: $ 321,298
m@.i.ip.l c .... ii 316,464
city Cle@k $ 637,762
Tot.1
EXECUTIVE DEPARTMENT: $ 712,661
City M.n.g.r 798,179
CitiZe. s."Jc.s/Publi@ Inf.r..ti-- $ 1,510,840
T.tal
LAW DEPARTMENT s 1,601,751
City Att.rn.y
FINANCE DEPARTMENT $ 2,816,111
C ... J..i ... r f tl,. 16,057
B..rd f Eq..Ii..Li@. 1,475,156
R..l E.t.t. A .... @.r 3,339,143
Tr .... r.r 4,013,663
Dir.@O@ of Fi.anc@ $ 11,660,130
T.t.1
PERSONNEL DEPARTMENT $ 829,179
P."o.nel
JUDICIAL DEPARTMENT
CircUit Court $ 434,106
G@..r.1 Di.tri@t C.@rt 47,502
i.v.nil. nd D .... tic R.l.tio.@ Di.tli-t COU@T 32,844
7 5 , 0 0 0
P.bli@ D.f.nd.r 9,213
M.dical Exa.i..r 389,467
Clerk of th. Circuit Co@rt 14,944
m.gi.trat.. 2,082,506
C ... o .... Ith'. Att.r@.y 8,235,377
Sh.riff ..d C.rr.@tio--
Ju@..Jl. Probati.. 1,037,808
T.tal $ 1 2 , 3 58 , 7 8 7
HEALTH DEPARTMENT:
Pr.@.ntive M.dici.. s 1,694,235
Co.tract..l H..lth S.r,ic.@ 414,641
P.r .... I C.r. Ser,i@@. 83,536
OCCUP.Lion.1 H..lth 332,886
Tot.1 $ 2 , 52 5, 29 6
SOCIAL SERVICES DEPARTMENT:
soci.1 S.@vic.. $ 15,862,348
POLICE DEPARTMENT:
Police $ 40,447,804
PUBLIC WORKS DEPARTMENT:
Public Works $ 41,383,981
PARKS AND RECREATION:
Parks a.d Recreati.n $ 13,745,221
LIBRARY DEPARTMENT:
Library $ 7,727,645
PLANNING DEPARTMENT:
PI ... i.g $ 1,625,361
AGRICULTURE DEPARTMENT:
Agricultur. $ 707,490
DEPARTMENT OF ECONOMIC DEVELOPMENT:
Dir.ct.r of Econ..i@ D.@el.p..nt s 11090,248
DEPARTMENT OF GENERAL SERVICES:
G.n.ral Servic.@ $ 18,387,656
BOARDS AND COMMISSIONS:
G ... ral R.9i.t@.r $ 514,778
Zoni.9 Bo.rd f App..ls 20,160
Arts and Humanities Commission 303,359
MaSS Transit OperatiOn- 882,329
Wetl.nds B.ard f Virgi.i. B.ach 14,604
D@p.rtm..t V.I..t..r Co..cil 30,922
Joint C.ble C..te@ 217,636
Tot.1 $ 1,983,788
itom f
GENERAL FUND
NON-DEPARTMENTAL: $ 303,359
C._..ity o@g..J.@ti.. Gr-t- 393,630
E.Pl.y.. SP--i-l 910,363
R.@e.Ue R.ib@r .... ht- 626,105
Regi.n.1 P.@icip-ti--
Tot.1 $ 2,233,457
FIRE DEPARTMENT: $ 18,000,892
Fir.
DEPARTMENT OF PERMITS AND INSPECTIONS:
P.rmitS nd I.Sp.@ti... $ 2,212,562
OFFICES:
E.@rg..@y Medic.1 Ser@i... $ 1,191,521
Offi.. f R .... r@h ..d Str@t@gi@ A..lY-i@ 508,251
offic. f B.dg.t nd El@luati.n 769,936
R ... rt Program. Offi@- 560,711
1 6 0 , 6 6 7
Offi@. of En@iro .... t@l M-@g@-@-t 582,584
De@.lop..nt Ser@ice- C..t.r 127,249
offic. f I.t.rgo,@r@.@-t@l R@l@ti...
Tot.1 $ 3,901,119
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
conv.nti.. ..d Visit.r D.@el.pme.t $ 6,328,166
HOUSING AND NEIGHBORHOOD PRESERVATION:
ii ... ing nd Neighbo@h.od Pr ... rv.LiO- $ 518,531
EDUCATION MAINFRAME SUPPORT:
Sch..l M.infr.me S.pp.rt $ 683,600
TRANSFERS: $ 242,798,802
Tr@n.f.r- t. oth@r F@nd.
RESERVES:
Re..r@e for C.ntingen@ie. $ 359,163
TOTAL GENERAL FUND $ 452,121,581
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
Sch..l Operating F@.d $ 292,008,280
GRANTS CONSOLIDATED FUND
JUDICIAL DEPARTMENT:
CD192 Pre-Tri.1 Pr.graM $ 155,927
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
Me.tal Health/M.ntal Retardation/S@b@ @.c@ AlU@@ 453,459
liOUSING AND NEIGHBORHOOD PRESERVATION:
Secti.. 8 H.U.i.9 158,744
RESERVES:
R.ser,. fO@ CO-tinge-@ie- 20,759
TOTAL GRANTS CONSOLIDATED FUND $ 788,869
LAW LIBRARY FUND
LIBRARY DEPARTMENT
L.W Library $ 175,855
RESERVES:
Re.."e f.@ C..Li-g--@i-- 3,300
TOTAL LAW LIBRARY FUND $ 179,155
PENDLETON CHILD SERVICE CEN'RER FUND
JUDICIAL DEPARTMENT:
PendletOn Child Service Center $ 941,687
PENDLETON CIIILD SERVICE CENTER FUND
RESERVES:
R@..-. f.@ C--ti-9 ... i-- $ 21,366
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 963,053
COMMUNITY DEVELOPMENT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Ad.ini.tr.tiO- nd H ... ing $ 1,430,061
RESERVES: 21,943
R.Ser@e f.r C..ti.gencle$
TRANSFERS:
T@ ... f.@- t. Oth., F@.d@ 135,966
TOTAL COMMUNITY DEVELOPMENT FUND $ 1,587,970
COMMUNITY CORRECTIONS SPECIAU REVENUE FUND
JUDICIAL DEPARTMENT:
CDI92-Cor. Se@vice/Ca.. M ... 9 .... t $ 312,561
RESERVES:
R..e@v. f.@ Co.tinge.@ie. 8,B93
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 321,454
MR/Mil/SA FUND
DEPARTMENT OF MENTAL HEALTli:
M..tal H.alth $ 11,015,245
CD RENTAL REHABILITATION GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Rental R.habilitati.. $ 108,000
CD LOAN AND GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Loan. ..d G@.nt. $ 1,020,000
HOMELESS INTERVENTION FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Ho.el... int.@v.nti.. s 179,296
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES
Publi. Utilities $ 34,107,409
REVENUE BOND DEBT SERVICE
R.@en.e Bond. 12,051,904
RESERVES:
Reae@V. for Conti.gencie. 1,500,000
TRANSFERS:
Transf.@ to Oth.r F..d. 6,724,293
TOTAL WATER AND SEWER FUND $ 54,383,606
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
G.If Co@r.e. $ 1 , 6 6 9 , 0 8 6
RESERVES:
Re..rv. fo@ Coting..Ci.. 66,787
TRANSFERS:
Tr..sfer. to Other Fund. 394,627
TOTAL GOLF COURSE ENTERPRISE FUND 2,130,500
lt6M of Expehdit.r6
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
vi.gi.i. M..e.. f M.@i.. S@i..@. 1,395,630
RESERVES:
R...-. f.@ 03,629
TRANSFERS:
T@...f.@. t. Other F..d. 659,352
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND 2,138,611
RESORT PARKING ENTERPRISE FUND
PUBLIC WORKS DEPARTMENT:
O@e..f@..t P.@ki.g 77,617
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
P.rking L.t. 34,366
TRANSFERS:
Tran.f.r. t. other Fund. 455,417
TOTAL RESORT PARKING ENTERPRISE FUND $ 567,400
GENERAL DEDT FUND
DEBT SERVICE
Debt S.rvice $ 60,670,645
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fir. Pr.gr..s $ 292,261
WATER AND SEWER CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES
W.ter ..d S.@.r C.pit.1 Proj.ct. $ 2,000,000
ENGINEERING AND HIGHWAYS CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
High@ay C.pit.1 Pr.j..t. $ 5,641,270
RESORT PROGRAM CAPITAL PAOJECTS PUND
OFFICES:
Re.ort Program Capit.1 Proj.cts $ 4,032,103
SCHOOL CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
Sch.ol C.pital Pr.j.ct@ $ 2,262,426
PARKS AND RECREATION CAPITAL PROJECTS FUND
PARKS AND RECREATION DEPARTMENT:
P.rks and Recreation Capit.1 Pr.j.cts $ 1,742,671
BUILDINGS CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
BUildi.g Capit.1 Proj.@ts $ 250,000
TOTAL BUDGET $ 696,604,616
LESS: INTERFUND TRANSFERS -(251,168,457)
NET BUDGET $ 645,436,159
25 Section 2. Subject to the provisions of Chapter 2, Anicle Ill, of the I irginia Beach City Code. the
26 salaries and wages set fonh in detail in said Annual Budget, are hereby authorized and fixed as the
27 maximum compensation to be paid for services rendered.
28 The total of permanent positions, shall be the maximum number of I)ositions authorized for the
29 various departments of the city during said fiscal year except changes or additions authorized by the
30 Council and as hereinafter provided. The City Manager may from time to tirie increase or decrease the
31 number of temporary positions provided the aggregate amount expended fcr such services shall not
32 exceed the respective appropriations made therefor. With the exception of ihe education department,
33 the City Manager is authorized to make such rearrangements of positions w thin and between bureaus,
34 divisions, and departments named herein, as may best meet the uses and irterests of the city.
35 Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city
36 by the Treasurer.
37 Section 4. All collections of local taxes levied shall be credited to the General Fund of the city.
38 Transfers shall be made from the General Fund to the respective specially d,@signated funds for which a
39 levy is made in the respective amounts levied for each such specially designated fund.
40 Section 5. All balances of the appropriations payable out of each fu id of the City Treasury
41 unencumbered at the close of business for the fiscal year ending on the thirlieth (30th) day of June,
42 1992, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the
43 respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and
44 may be used for the payment of the appropriations which may be made in tlie appropriation ordinance
45 for the fiscal year beginning July 1, 1992. However, there shall be retained iii the General Fund Balance,
46 an undesignated amount not less than the range of seventy-five (75) to one liundred (100) percent of the
47 budget for city and school debt service payments for that fiscal year for contingencies and emergency
48 situations and not to be used to support appropriations approved in the ordiiiance for the fiscal year
49 beginning July 1, 1991, except upon subsequent authorization by City Coun(il.
50 Section 6. No department or agency for which appropriations are rr ade under the provisions of
51 this Ordinance shall exceed the amount of the appropriations except with co isent and approval of the
52 City Council first being obtained, but it is expressly provided that the restricti )ns with respect to the
53 expenditure of the funds appropriated shall apply only to the totals for each (iperating appropriation unit
54 included in this Ordinance and does not apply to Interfund Transfers.
55 The City Manager or ihe Ass*siani G'ty ManageF foF Ana'ys's uaiioti those persons
56 desianated in writina by him, where a cor)v of such des!Qnation is on file witt the Director of Finance, is
57 hereby authorized to approve transfers for appropriations within any departm)nt or between departments
58 in an amount not to exceed $10,000 in any single transaction, and is further , uthorized to approve
59 transfers and expendftures from the Reserve for Contingencies in an amount ot to exceed $10,000 in
60 any single transaction except as herein provided. The City Manager may limi: expenditures to the
61 classes of appropriations as set forth in the budget document or as required )y the State Auditor of
62 Public Accounts if such requirements are different from the classes shown in he budget document. In
63 addition, the City Manager may transfer appropriations from Reserve for Cont ngencies, in amounts
64 necessary, for salary or fringe benefit adjustments approvld by City Counc .
65 Section 7. Nothing in this section shall be construed as authorizin any reduction to be made in
66 the amount appropriatl-d in this Ordinance for the payment of interest or b nds on the bonded debt of
67 the City Government or !he forfner po'*t*ca' subdivosuems of Vorl.l...,a --ee@ id Protieess Antie Gotin!y.
68 Section 8. Allowances out of any of the appropriations made in thi@; Ordinance by any or all of
69 the city depanments, bureaus, or agencies, to any of their officers and emp oyees for expenses on
70 account of the use by such officers and employees of their personai autom )biles in the discharge of
71 their official duties shail not exceed twenty-four cents ($.24) per mile of ACIL al travel for the first 15,000
72 miles and eleven cents ($.l 1) per mile for additional miles of such use with* i the fiscal year.
73 Section 9. All traveling expense accounts shall be submitted on for -ns approved by the Director
74 of Finance and according to regulations approved by the City Council. Eac @ account shall show the
75 dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses,
76 meals, and incidental expenses. The Director of Finance is specifically dire(ted to withhold the issuance
77 of checks in payment of expense accounts submitted for 'lump-sum" amout ts, including payments to
78 employees of the School Board.
79 Section 10. That this Ordinance shall be in effect from and after the date of its adoption.
80 Section I 1. That if any part or parts, section or sections, sentences clause, or phrase of this
81 Ordinance is for any reason declared to be unconstitutional or invalid, such Jecision shall not affect the
82 validity of the remaining portions of this Ordinance.
83 First Reading: May 7, 1991
84 SecondReading: May 14, 1991
85 Adopted by the Council of the city of Virginia Beach, Virginia, on the 14 day of May 9,1.
1 5
Item 111-I.I.c
ORDINANCES
FT 1991-1992 OPERATING BUDGET ITEM # 34417
A MOTION was made by Councilman Lanteigne, seconded by (:ouncilman Brazier to
ADOPT the Amendments to the Ordinance making APPROPRIATIONS for the Fiscal Year
beginning July 1, 1991, and ending June 30, 1992, the sum of Six Hundred
Forty-five Million, Four Hundred Thirty-six Thousand, One Hundred Fifty-nlne
Dollars ($645,436,159) for Operations and Two Hundred Fitty-one Million, One
Hundred Sixty-eight Thousand, Four Hundred Fifty-seven Dollars ($251,168,457)
in Interfund Transfers and regulating the payment of money out of the City
Treasury, as amended. Councilman Lanteigne proposed the Ti-uck Weighing Program
and the Weights and Measures Program be combined, Utili2ing the $55,422 from
the Truck Weighing Program, the addition of 2 Full Time Em)loyees for the Truck
Weighing Program be eliminated and the 1 Full Time Emplcyee be reinstated to
the Weights and Measures Program. Councilman Lanteigne )Iso recommended the
funds In the amount of $128,724 requested by the School Boird for outside legal
services be transferred to the City Attorney's Office and used to supply legal
staff sufficient to handle theso legal services. To elim nate the duplication
of effort currently existing between the City and the Comm(@nwealth's Attorney's
Office regarding the prosecution of misdemeanors, and to provide for the
Increased prosecution of more crimes, Councilman Lanteigne recommended the
followTng:
Transfer one attorney and one docket clerk fror the
City Attorney to the Commonwealth Attorney.
Fund two (2) additional attorneys and two
additional secretaries for the CommonwEalth
Attorney's Office at a cost of $148,325.
Funding of the $148,325 would come from the City
Manager reduclng the cost of Ouiside
Consultants/Contractual Services, professional
Improvement, a combination of these, or any cther
area deemed appropriate by the City Manager and
approved by the City Council.
This MOTION was WITHDRAWN. The City Staff shall evaluate tiese suggestions and
the proposals shall be SCHEDULED for.the City Council Sessi)n of May 28, 1991.
- 16 -
Item 111-I.l.d
ORDINANCES ITEM # 34418
A NOTION was made by Counci I man Brazler, seconded by Cou r ci l woman 146CI anan to
ADOPT:
Ordinance requiring City Council's approval foi- the
al location of City resources valued In excess of
Twenty Thousand Dol tars ($20,000) for festli,als,
parades and related events. (Sponsored by
Councilman James W. Brazier, Jr.)
Voting: 4-6 (MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Paul J. Lanteigne, Reb) S.
McClanan and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones and
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
- 17 -
Item III-G.3.
ORDINANCES ITEM # 34419
Robert Blackwell, 5601 Hearth Drive, Phone: 424-1671. Mr. Blackwell reflected
concerns relative the impact of changes around Strickland Boulevard on the
area of Cedar Hills. Closure of the median on Indian RiVEr Road will eliminate
the left turn and increase traffic on Parkland Lane by up to 5,000 vehicles
per day. Allowing this left turn continues to emphasize Strickland Boulevard
in preference over Parkland Lane as the access to subdivisions north of Indian
River Road. The "weaving" is only a major problem betwe,@n 3:30 P.M. and 6:30
P.M. A sign prohibiting this left turn could, luring these hours,
substantially reduce this "weaving".
Joe Lyle, 305-48th Street, Phone: 428-7325. Mr. Lyle represented the owners of
the Kemps River Crossing Shopping Center located at the intersection of Indian
River Road and Kempsville Road. It appears the staff recognizes the
substantial impact the closure of the median located at Lila Lane/Indian Lane
will have on the Shopping Center. They concur with this compromise.
Timothy E. Kullman, 7530 Tidewater Drive, Phone: 480-6702, Chief Financial
Officer for Farm Fresh, an occupant of Kemps River Cros3ing Shopping Center.
Mr. Kullman spoke in OPPOSITION to the closure of tlie median located at
Indian River Road and Kempsville Road.
John W. Chappell, 1324 North Bay Shore Drive, Phone: 425.-1328, Vice President
of Land Development for Christian Broadcasting Network. Mr. Chappell advised
CBN is impacted quite substantially by Phase V of In(lian River Road. Mr.
Chappel requested Old Centerville Turnpike remain open Jor right turn-in and
right turn-out. Regent University has access only to this road.
Jack M. Hill, 220 West Bute Street, Phone: 623-1641, MMM Design Group in
Norfolk, Virginia, with thirty years experience in higtway engineering. Mr.
Hill represented CBN/Regent University. Mr. Hill requee;ted Old Centerville
Turnpike remain open for right turn-in and right turn-out. Safety wise, if the
traffic lights are programmed, there will be no problens. Regent University
can be programmed so the bulk of the traffic can leave at a different time
than the "peak" hour.
Eugene C. Elser, 1224 Glen Lochen Drive, Phone: 523-7425, kssociate Dean of the
College of Communication and inhouse Legal Counsel to R(gent University. Mr.
Elser expressed concern relative the proposal to cIDse Old Centerville
Turnpike at Indian River Road. This will shut off the ma-n access from Indian
River Road to the campus. Regent University is a sepa.-ate legal corporate
entity from CBN.
David M. Hummel, 5248 Prestwick Street, Phone: 479-4D46, Vice President
Marketing of CBN. Mr. Hummel urged Old Centerville Turn)ike remain open for
right turn-in and right turn-out with the ability of energency vehicles to
cross there.
Thomas Jennings, 1325 Church Street, Phone: 424-5957, Vjce President of the
Newlight Civic League. Mr. Jennings requested Fenton Strei!t not be closed.
Bill Cashman, 5544 Greenwich Road, Phone: 473-2000, Enginz!er with Langley and
McDonald. Mr. Cashman represented Sovran Bank and Chevron U.S.A., Inc. Sovran
Bank is located on the northwest corner of Lila Lane ani Indian River Road.
Sovran was concerned relative the proposed closing of the median at Lila Lane.
Kemps River Crossing is a well planned shopping center ard the access at Lila
Lane is an important part of this good plan. Chevrorl is located on the
opposite corner from Sovran Bank. Retailers depend upon convenience. Chevron
has estimated that closing of the median cross-over vould decrease sales
approximately 25%.
Dan Diviney, 1048 Belvoir Lane, Phone: 424-3571, President of Lake James Homes
Association. Mr. Diviney distributed a diagram relat ve the Centerville
Turnpike 1A/Indian River Road V reflecting various t'affic volumes. Mr.
Diviney requested City Council reconsider relocation of @,enterville Turnpike
Phase IA. As there is not a valid design plan, the acqui@ition of the right-
of-way should not be approved.
- 18 -
Item 111-G.3.
ORDINANCES ITEM # 34419 (Continued)
Kenneth N. Taylor, 908 North Plantation Drlve, Phone: 523-7016, General
Counse I I s Of f I ce at CBN. Mr. Kent spoke in OPPOSITION to the proposal to
close Old Centerville Turnpike at Indian River Road. This is the access to the
campus of Regent University.
Richard Woods, 5351 Lila Lane, Phone: 420-9400, Manage- of the Kempsvilie
Family Skating Center. Mr. Woods spoke In OPPOSITION tc the closing of the
median at Lila Lane and Indian River Road. Mr. Woods alsc SUPPORTED a traffic
light at this intersection.
C. Oral Lambert, Jr., - Director of Public Works, Arthur Shaw - City Engineer
and John Herzke - Traffic Engineer, responded to City Couiicills Inquires.
Fred Burchette - Kimberly-Horn and Associates, advised tlie Installation of a
traffic signal at Lila Lane on a six-lane Indian River Road would result in
the traffic conditions being the same as a four-lane lndi@in River Road without
a traffic signal. The proposed slgnal is too close to th(! other intersections
to function property.
Upon motion by Councilman Heischober, seconded by Couicilman Jones, City
Council ADOPTED:
Ordinance to authorize acquisition of property In
fee simple for right-of-way and the acquisiticn of
temporary and permanent easements of right-of-way,
either by agreement or condemnation, for lidian
River Road Phase V (CIP 2-080).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha-old
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, r.
Councilman Sessoms left at 3:15 P.M.
'i AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INDIAN RIVER ROAD PHASE V CIP 2-080 AND THE
4 ACQUISITION OF TEMPORARY AND IERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY IGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Counc:il of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to pro%ide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, conveni(tnce, and for the
12 welfare of the people in the City of Virginia leach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE --OUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virgin@.a Beach is hereby
16 authorized to acquire by purchase or condemration pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amende,,, all that certain
19 real property in fee simple, including tempo]-ary and permanent
20 easements of right of way as shown on the plans entitled "INDIAN
21 RIVER RD. PHASE V CIP NO. 2-080,11 these plans b(!ing on file in the
22 Office of Real Estate Department of Public WorRs, Virginia Beach,
23 Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of thE City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby author.zed to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the 14 day of May 1991.
32 CA-4214
33 NONCODE\CA-4214.ORD
34 R-1 ED AS TO CON",
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- 19 -
Item lit-G.3.a.
ORDINANCES ITEM # 34419 (Continued)
Upon motion by Councilman Clyburn, seconded by Councilman E;razier, City Council
APPROVED:
I SSUE C - Centerv I I I e Turnp I ke sha I I rema i n open
with right turn in only.
As the City Staff had advised keeping the Old Centerville Turnpike in place
with a right turn-in only would create traffic problemi particularly with
regards to 'weaving", this alternative shall be examined iifter an appropriate
length of time to determine if Centerville Turnpike relaining open proves
feasible.
Voting: 7-2
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice M@yor
Robert E. Fentress, Harold Heischober, Louis R. J(nes
Reba S. McClanan and Nancy K. Parker
Council Members "otlng Nay:
John A. Baurn and Paul J. Lanteigne
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, J-.
- 20 -
Item 111-G.3.b.
ORDINANCES ITEM # 34419 (Continued)
Upon motion by Councilman Clyburn, seconded by Councilman Erazier, City Council
APPROVED:
ISSUE F - Fu I ly slgnal Ized intersect Ion wl I be
Frovi-ded at the entrance to Founders inn.
Votlng: 9-0
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, F eba
S. McCianan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
- 21 -
Item Ill-G.3.d.
ORDINANCES ITEM # 34419 (Continued)
Upon motion by CouncII man Clyburn, seconded by CouncIIman E razi er, Cl ty Counci I
APPROVED:
ISSUE E - Existing median at Lila Lane/Indian -ane
shall rematn open with left turn in only.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har3ld
Heischober, Louis R. Jones, Paul J. Lanteigne, RBba
S. McCianan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr,
- 22 -
Item III-G.3.d.
ORDINANCES ITEM # 34419 (Continued)
Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council
APPROVED:
ISSUE C/H - Fenton Street shall remain o] en with
Tompkins Lane Relocated/Ferry Point Road intersection
signalized.
Voting: 9-0
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, @eba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Ji.
- 23 -
Item III-H.I.
RESOLUTIONS ITEM # 34420
The following spoke in SUPPORT of the Resolution:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
E. George Minns, President - NAACP, Post Office Box 4548, 'hone: 427-0250.
Colonel Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, was in OPPOSITION to
Citizen Committees
Upon motion by Councilwoman McCianan, seconded by Councilman Brazier, City
Council DEFERRED ninety (90) days until the City Council ll:ession of August 13,
1991:
Resolution directing the City Manager formulate
procedures, guidelines and a plan of implementa:ion
for the establishment of a Citizens' Reiiew
Committee.
This will enable the City Manager to evaluate the entire s tuation and respond
accordingly. In the City Manager's letter of April Thirt-@enth, relative his
Progress Report to City Council on the Allegations Pertaining to the Virginia
Beach Police Department, in addition to other activities, he will be seeking
assistance from a small group of private citizens.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har(ld
Heischober, Louis R. Jones, Paul J. Lanteigne, RE ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
- 24 -
Item III-H.2.a/b
RESOLUTIONS ITEM # 34421
Upon motion by Councilman Heischober, seconded by Councilm n Baum, City Council
ADOPTED:
Resolutions providing for early retirement of City mployees:
Establish eligibility and related benefits for
members of the Virginia Retirement System.
Supplementary benefits (enhanced incentives) for
eligible City employees who elect early retirenent.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha-old
Heischober, Louis R. Jones, Paul J. Lanteigne and
Reba S. McClanan
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
Councilman Brazier DISCLOSED he was currently employed by tie City of Virginia
Beach as a police officer in a position in the Commonwealtli Attorney's Office
and has not reached the age to be affected by this Re@;olution. The City
Attorney had advised Councilman Brazier he was able to )articipate in the
transaction fairly, objectively and in the public interest.
Councilman Lanteigne DISCLOSED, he was currently employel by the City of
Virginia Beach as a police officer in a position in the Steriff's Office and
has not reached the age to be affected by this Resolution. The City Attorney
had advised Councilman Lanteigne he was able to participate in the transaction
fairly, objectively and in the public interest.
Councilwoman Parker ABSTAINED as she advised this early re-irement entails a
long-term cost to the City for twelve years and the City C)uncil needs to be
aware of this cost.
A P I
1 A RESOLUTION TO ESTABLISH EARLY RE'
2 ELIGIBILITY AND RELATED BENEFITS FOR
3 CITY EMPLOYEES WHO ARE MEMBERS OF THE I
4 RETIREMENT SYSTEM O!.t4EY
5 WHEREAS, the 1991 Virginia General Assembly, through Engrossed
6 House Bill No. 1499, enables the governing body of any political
7 subdivision participating in the Virginia Retirement System to
8 establish and implement a program for early retirement of certain
9 municipal employees; and
10 WHEREAS, adoption of such a program to xpand retirement
11 eligibiiity and benefits is considered to be in the best interests
12 of the City and its employees;
13 NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of
14 Virginia Beach, Virginia, that, as enabled by HoLse Bill No. 1499,
15 enacted by the 1991 Virginia General Assembly:
16 1. Any City employee as defined in SS 51...-101 of the Code
17 of Virginia who is a member of the Virginia Retirement System may
18 retire under the provisions of this Resolution no earlier than July
19 1, 1991, and no later than October 1, 1991, proviied the following
20 requirements are met:
21 a. The member must be in service on January 1, 1991;
22 b. The member shall have attained ace fifty (50) and
23 have twenty-five (25) or more years of credi:able service on
24 September 1, 1991. AnY Period during which an employee was on
25 leave without pay/layoff status between August 16, 1990, through
26 September 1, 1991, shall be included in meeting this twenty-five
27 year requirement. Service purchased under the provisions of SS
28 51.1-143 may not be considered in meeting this rc@quirement; and
29 C. The member must make application l'or retirement no
30 earlier than June 1, 1991, and no later than Sept@ember 1, 1991.
31 2. The amount of the allowance payable to iL member retiring
32 under this Resolution shall be determined as if the member has
33 qualified for normal retirement under the provisions of Cilapter 1
34 (SS 51. 1-100 et. seq. ) of Title 51. 1 of the Code of Virginia, except
35 that the creditable service of the member shall be increased by a
3 6 period of five (5) years. Additionally, the i.llowance shall be
37 supplemented by one hundred dollars ($100) pEr month from the
38 effective date of retirement through the end of the month in which
39 the member attains sixty-two (62) years of age ()r dies, whichever
40 occurs first. Members shall receive post-retii-ement supplements
41 as provided in SS 51.1-166; however, the supplemf!nt of one hundred
42 dollars ($100) per month shall not be subject tc) such increases.
43 3. Members who are insured under the provisions of the group
44 life insurance program administered by the Board :)f Trustees of the
45 Virginia Retirement System shall retain coverage under the program
46 as set forth in chapter 5 (S 51 .1-500 et. seq. ) O' Title 51. 1, Code
47 of Virginia.
48 4. Former City employees who retired from service on or
49 after January 1, 1991, and prior to July 1, 1991, or a beneficiary
50 who served on July 1, 1990, in a position coverad by SS 4-6.01 of
51 Chapter 972 of the 1990 Acts of ASsembly shall h@.ve their benefits
52 adjusted in accordance with the provisions of this Resolution
53 effective July 1, 1991, provided they meet th(! requirement set
54 forth in Subdivision b of Section 1, above.
55 5. The provisions of this Resolution shall not be applicable
56 to former members who were retired from service )n July 1, 1990.
57 6. The City agrees that it shall be liable for any current
58 or future employer contributions and any increa@;es in current or
59 future employer contribution rates resulting fiom its employees
60 retiring under the provisions of this Resolution.
61 BE IT FURTHER RESOLVED that Aubrey V. Wat s, City Manager,
62 and Ruth Hodges Smith, City Clerk, are hereb,r authorized and
63 directed in the name of the City Council to exec.,ute any required
64 Contract in order that said eligible employees mly participate in
65 the early retirement program. In execution of aiiy Contract which
66 may be required, the seal of the City shall be affixed and attested
2
67 by the Clerk, and said officers of the City gre authorized and
68 directed to pay over to the Treasu'rer of Virginia from time to time
69 such sums as are due to be paid by the City fol this purpose.
70 Adopted by the Council of the City o@ Virginia Beach,
71 Virginia, on the 14 day of May 1991.
72 CA-4139
73 Noncode\Retiremt.Res
74 R5
3
A'
1 A RESOLUTION TO PROVII)E
2 SUPPLEMENTARY BENEFITS TO ELIGIBIX SL;
3 CITY EMPLOYEES WHO ELECT EARJY
4 RETIREMENT
5
6
7 WHEREAS, the Council of the City of Vitginia Beach has
8 adopted a program of early retirement for City eriployees who have
9 completed twenty-five (25) years of service ana attained fifty
10 (50) years of age; and
11 WHEREAS, as provided by applicable provisior,s of the Code of
12 Virginia, members of the Police Department, Fir@ Department and
13 other employees covered under the Law Enfor(!ement Officers'
14 Retirement Option are presently enabled to retire upon completing
15 twenty-five (25) years of service and attaining fifty (50) years
16 of age; and
17 WHEREAS, it is deemed advisable to provide CErtain additional
18 benefits to employees who elect to retire pursua It to the above-
19 stated legislative provisions;
20 NOW THEREFORE, BE IT RESOLVED, that, in ac.dition to those
21 benefits provided by the Virginia Retirement System, the City
22 shall provide the following City benefits to any employee who is
23 eligible for retirement pursuant to the above-stated criteria and
24 who applies for such retirement between June 1, 1991 and September
25 1, 1991, with the effective dates of such retirement to be between
26 July 1, 1991 and October 1, 1991.
27 (a) Payment, at the employee's hourly rate, for all accrued
28 annual leave; and
29 (b) Payment for 120 days (960 hours) sick leave, if accrued,
30 at the rate of $21.00 per day, and for all accrued sick leave in
31 excess of 960 hours at the employee's hourly rat(; provided that
32 the employee's total reimbursement for accrued sick leave shall
33 not exceed $10,000.00.
34 Adopted by the Council of the City of Virg nia Beach this
35 14 day of May 1991.
36 CA-4207
37 \ordin\noncode\earlyret.res
38 R-7
- 25 -
Item III-H.3.a
RESOLUTIONS ITEM # 34422
Upon motion by Councilman Lanteigne, seconded by Councilmar Baum, City Council
ADOPTED:
Resolution directing the Planning Commission to study, review and make its
recommendation within ninety (90) days to City Council ]e:
Changes to the fee structure for developiient
regulations affecting agricultural property.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har)ld
Heischober, Louis R. Jones, Paul J. Lanteigne, R?ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
A RESOI,UTION DIRECTING THE PLANNING COMMIS!@ION
TO REVIEW AND GIVE ITS RECOMMENDATION FOR CH @GES
TO THE FEE STRUCTURE FOR DEVELOPMENT REGULA@IONS
AFFECTING AGRICULTURAL PROPERTY
WHEREAS, On March 5, 1991, the city Council adopted certain changes to the
20ning regulations affecting agricultural property, and
WHEREAS, one of these changes requires that a conditi)nal use permit be
obtained for certain types of residential use, and
WHEREAS, the fee charged to an applicant for a conditi)nal use permit is
currently $628 and subject to increase in the f ture, and
WHEREAS, the fee charged to that same applicant for prel-minary subdivision
review varies with the size of the subdivision hat will be at least
$209, and
WHEREAS, for such uses the staff review required for prel-minary subdivision
review is very similar to that for conditional ise permit review,
NOW THEREFORE BE IT RESOLVED that the Planning Commission is hereby requested
to review the fee structure for such reviews and reconmend vhatever changes it
deerns appropriate, and to forward that recommendation to thE Council withi@ 90
days.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
14 day of May 1991.
- 26 -
Item III-H.3.b
RESOLUTIONS ITEM # 34423
Upon motion by Councilman Baum, seconded by Councilman Brazier, City Council
ADOPTED:
Resolution directing the Planning Commission to studr, review and
make its recommendation within ninety (90) days to City Council re:
Certain setback requirements in North Virg:-nia
Beach.
Voting: 9-0
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, Feba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Ji.
A RESOLUTION DIRECTING THE PLANNING CC MMISSION TO
STUDY AND GIVE ITS RECOMMENDATION TO (ITY COUNCFL
CONCERNING CERTAIN SETBACK REQUIREMED TS IN
NORTH VIRGINL4k BEACH
WHEREAS, In April of 1988 the City Zoning Ordinance was mended with regard
to certain setback requirements in the North Vii ginia Beach area,
WHEREAS, Three years have passed since that time, and
WHEREAS, It is alleged by many residents that these am @ndments should be
reviewed for their appropriateness,
NOW THEREFORE BE 1T RESOLVED,
That the Planning Com@ssion is hereby requeste@ to study the matter
of yard requirements adjacent to the Atlantic Ocean, to make
recommendations to the City Council as to what amendments, if any,
should be made to the CZO iri order to best address the issue, and to
send those recommendations to the City Council ivithin 90 days.
Adopted by the City Council of the City of Virginia Beach, V rginia, on the
14 -day of May 1991.
- 27 -
Item III-I.
CONSENT AGENDA ITEM # 34424
Upon motion by Councilman Clyburn, seconded by Councilm@n Heischober, City
Council APPROVED in ONE MOTION Items 1, 3, 4, 5, 6, 7 ard 8 of the CONSENT
AGENDA.
Item III-I.3 a/b was pulled for a separate vote.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har3ld
Heischober, Louis R. Jones, Paul J. Lanteigne, R?ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
- 28 -
Item III-I.l.
CONSENT AGENDA ITEM # 34425
Upon motion by Councilman Clyburn, seconded by Councilmin Heischober, City
Council ADOPTED:
Resolution authorizing the City Manager to dis ose
of certain City property, known as the blue glass
crystal collection, by selling it to Richard Kline
at a price to be determined by appraisal.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har)ld
Heischober, Louis R. Jones, Paul J. Lanteigne, R@ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
A RESOLUTION AUTHORIZING
THE CITY MANAGER TO DISPOSE
OF CERTAIN CITY PROPERTY
WHEREAS, in 1981 Mr. Irving Kline d()nated, without
restriction, a blue glass crystal collection to the City of
Virginia Beach;
WHEREAS, the City Manager has reviewed various options
for displaying the collection, including offering the collection
to the Virginia Beach Center for the Arts, and has been
unsuccessful in his efforts to find a suitable location for display
of the collection; and
WHEREAS, Mr. Kline's son, Richard Kline, now desires to
purchase the collection from the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COU@ CIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorizei to dispose of
the blue glass crystal collection by selling it to Mr. Richard
Kline at a price to be determined by appraisal at later date.
Adopted by the Council of the City of irginia Beach,
Virginia, on the 14 day of May 1991.
APPROY,@ AS :NTS
SIG.'4ATURE
DEPARTMENT
AP-PPOVED @TO LEGAL
v
- 29 -
Item III-I.2.
CONSENT AGENDA ITEM # 34426
Upon motion by Councilman Clyburn, seconded by Councilmin Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 12 of the
Code of the City of Virginia Beach, Virginia, re
fire safety, smoke detectors and duties of the
Fire Marshal.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har)ld
Heischober, Louis R. Jones, Paul J. Lanteigne, R@ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
APPROV@ AS TO (-@NTENTe-
SIGNATURE
?p O@-,-Tn 0 t4
DEPARTMENT
APPROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDA.' AND K)RM
2 CHAPTER 12 OF THE CODE OF THE CI"
3 OF VIRGINIA BEACH, VIRGINIA, PEIZ- CITY ATTOR@
4 TAINING TO FIRE SAFETY.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 12-25, 12-51, 12-53 and 12-5,[ of the Code of
8 the City of Virginia Beach, Virginia, are heieby amended and
9 reordained to read as follows; and Section L2-56 is hereby
10 deleted.
11 section 12-25. Fire marshal, deputies and assistants.
12 (a) Within the department of fire protectiOlL, there shall be
13 appointed by the fire chief, a fire marshal an([ such deputies
14 and assistants as may be necessary. These deputies and
15 assistants shall be designated inspectors or inveetigators, as may
16 be appropriate, and they shall have the same poiiers and perform
17 the same duties as, the fire marshal, at his dir4?ction or in his
18 absence. The fire marshal shall be respcnsible for the
19 enforcement of the fire prevention code adopted ])y section 12-41
20 of this code, this chapter, and related laws )f the city and
21 state, and for the investigation and prosecution of all cases of
22 alleged arson and other fire related incidents suspected to
23 involve criminality.
24 (b) In making such investigations, the fi.re marshal may
25 issue a summons directed to the sheriff of the cit..7 commanding him
26 to surnmon witnesses to Attend before the f.ire iarshal, or his
27 authorized designee, at such time and place as he nay direct. Any
28 such officer to whom the summons is delivered shall forthwith
29 execute it and make return thereof to the fire mar@,hal at the time
30 and place named therein. Any witnesses on whom su(:h summonses are
31 served may be compelled by the fire marshal to @ittend and give
32 evidence, and shall be liable in like manner as if the summonses
33 had been issued by a magistrate in a criminal case They shall be
34 sworn by the fire marshal before giving evid nce and their
3 5 evidence shall be reduced to writing by hiln or under his direction
36 and subscribed by them, respectively.
37 (c) The fire marshal, deputies and assistants, before
38 entering upon their duties, shall respectively take an oath before
39 any officer authorized to administer oaths, faithfully to
40 discharge the duties of such office. A certifi :ate of the oath
41 shall be returned to and preserved by the clerk ()f circuit court.
42 (d) The fire marshal, his deputies and assi tants shall have
43 the authority to issue summonses in the manner pi-escribed by law,
44 for violations of chapter 12 of the city code anc. fire safety and
45 related ordinances of this code. The authority granted in this
46 section shall not be exercised until such person has
47 satisfactorily completed a training course for fire inspectors,
48 which course shall be approved by the Virginia
49 Fire rd.
50 (e) The fire marshal and his investigators shall have the
51 same powers as a police officer in the investigations of all
52 alleged offenses pursuant to Sections
53 2 7 -3 0 .27--32-9 .@,l @-7-14.2:1 f the Code of
54 as amended. The police powers granted in this section
55 shall not be exercised by the fire marshal or iiny investigator
56 until such person has satisfactorily completed a course designed
57 for fire investigators with police powers, and approved by the
58 Virginia Fire s . In addition, such person
59 with police powers shall continue to exercise tho;e police powers
60 only upon participation in, and satisfactory conpletion of, in-
61 service and advanced courses as shall be required and approved by
62 the Virginia Fire ervices Board.
63 Section 12-51. Definitions.
64 (a) Smoke detectors shall mean mechanical de)'ices powered by
65 batteries or alternating current capable of sounling an au6ible
66 alarm upon sensing visible or invisible product:; of combustion
67 meeting the specifications as contained in that pamphlet the
68 specifications as contained in that pamphlet known as
69 Underwriter's Laboratories Fire Protection Equipnent Directory,
2
70 dated January 1981, a copy of which is on file in the Iffice f
71 the city clerk.
72 (b) Owner shall mean one or more per,,Ions, jointly or
73 severally, in whom is vested:
74 (1) All or part of the legal title to the property, or
75 (2) All or part of the beneficial ownership and a right to
76 present use and enjoyment of the premisc@, and the term
77 includes a mortgaqee in possession.
78 (C) Manaaina atithn@i.F,, @h@ll ean an indiv
79 for t or maintenance and upkeep of
80 own ized either ntract for such
81 ervices.
82 (d) Dwelling unit shall mean a single unit providinq
83 complete independent living facilities for one or more persons
84 including permanent provisions for living, s.eeping, eating,
85 cooking and sanitation.
86 Section 12-53. Responsibilities of owner/tenant
87 (a) The owner of a multi-family
88 residential building containing four (4) or mora dwelling units
89 shall provide smoke detectors as required by section 12-52(c) in
90 hallways, stairwells and other public or common areas, and shall
91 maintain them in good workinq order.
92 (b) The owner or- ag-nt of the owner- of z@ dwelling unit,
93 which is rented or leased in any building conta.-ninq any one or
94 more dwelling units, shall furnish the tenant at the beginning of
95 each tenancy and at least annually thereaftcr with written
96 certification that all smoke detectors required by section 12-
97 52(c) are present, have been inspected and are in good working
98 order.
99 (c) The tenant shall be responsible for reitsonable care of
100 the smoke detector in accordance with section 55-248.16, C6de of
101 Virginia, and for the interim testinq and battery -and
102 for providing written notice to the owner @ stin the
103 repair of any malfunctioning smoke detector. In accordance with
104 section 55-248.13, Code of Virginia, the owner for- th
3
105 testing and pr-gviding
r- f er- the r--- 4 -
106 of any inaifungt shall
107 be obligated to aY for service of aiiy malfunctioning
108 smoke detector. ement oE the unit, must
109 occur within five (SL d-ays of receipt f written notice from the
110 tenant that a smoke detector is g.
ill (d) The owner of @L dwelling unit,
112 which is rented or leased in any building containing one or more
113 dwelling units shall provide written notification to the tenant of
114 the responsibilities and duties proposed by subse(,,tion (c) of this
115 section.
in-
116 (e) In thosp "),@-e residonsibi
117 tenance and upkeep of dwelling units has been trarsferred from the
118 owner(s) to a m thority shall be
119 char iity imposed by this section in
120 addition to the 0 (s).
121 Section 12-54. Enforcement.
12 2 The fire marshal, or his (tuly authorized
12 3 representatives, are authorized to administer and enfor,e this
124 article.
125 Re^tion 12-me Compliance iipon sais
126
127 anits wh,,-Gh Lole 0
128 ---
129 until SuGh ti-P.Q- I;ell:ing
130 sold er- r-ented to another- per-son.
131
132
13 3 subregtion (a) @he ow
134 notify the fir-e r-ental-
135 Adopted by the Council of the City Of irirginia Beach,
136 Virginia on the -. 14 day of May 1991.
137 CA-4155
138 \proposed\12-53.ord
139 R-3
4
- 30 -
Item III-I.3.a/b.
CONSENT AGENDA ITEM # 34427
Phyllis Giroux, 1317 Shipps Cabin Road, Phone: 426-2061, relresented Davis Farm
Produce and spoke in OPPOSITION. Mrs. Giroux advised DaviE Farm is a seasonal
business, open from May until October. This CIP project is to commence May
Seventeenth and reach completion by July Thirty-first. -y5% of their entire
income will be taken in during the time period June FifteE!nth through August
Fifteenth. Davis Farm will be adversely affected by the ircreased noise, dust
and dirt of construction. Mrs. Giroux requested this Proj?ct be postponed 60
days.
Upon motion by Councilwoman McClanan, seconded by Counciluan Lanteigne, City
Council DEFERRED until the City Council Session of June 4, 1991:
Ordinances re Princess Anne Road and Sandbridge Road Intersection
Improvements (CIP 2-816):
Authorize acquisition of property in fee simple for
right-of-way and the acquisition of temporary and
permanent easements of right-of-way, either by
agreement or condemnation.
TRANSFER $173,000 from Flanagan's Lane (CIP 2-134)
to Traffic Safety Improvements (CIP 2-816) to lund
construction traffic safety improvements at
Princess Anne and Sandbridge Roads;
AND,
Authorize the City Manager to issue a change oider
to the original General Booth Boulevard Phase II
contract for such traffic safety improvements.
This DEFERRAL will enable the City Staff to resolve the pr)blem of design and
property lines.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harc)ld
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, J,.
- 31 -
Item III-I.4.
CONSENT AGENDA ITEM # 34428
Upon motion by Councilman Clyburn, seconded by Councilm@n Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $29,791 from excess inc3me
funds for housing programs in Target areas to 'he
Community Development loan and grant fund.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harcld
Heischober, Louis R. Jones, Paul J. Lanteigne, REba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
AN ORDINANCE TO APPROPRIATE $29.791 IN COMMUNIIY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS FOR HOUSING FROGRAMS
IN THE TARGET AREAS
I WHEREAS. the City receives Cooimunity Developient Block Grant
2 f unds to be us ed to be nef it low and moderate i nc( me per sons . and
3 WH EREAS . one of the uses of s uch f unds is tc make I oans and
4 grants for the rehabilitation of housing, and
5 WHEREAS, income from the repayment of such Ioins is regul arl y
6 received by the City, and
7 WHEREAS. income in excess of the amount prev ously estimated
8 and appropriated has been received. and
9 WHEREAS. there is a need for, additional fund! for demolition
I 0 of vacant di 1 apidated housi ng and rehabi 1 i tat ion of sub standard
I I housi ng in the target areas bef ore the next aII )cation of CDBG
12 funds is received:
1 3 NOW. THEREFORE BE IT ORDAINED that excess prog @am income funds
14 in the amount of $ 2 9 . 7 9 1be appropriated to the Community
15 Development loan and grant fund.
16 Adopted by the Council of the City of Virginia Beach this
17 14 day of May 1 9 9 1
18 Approved as to Content Approved as to Form
19 O-Z, , Jo - @,z
20 Mar@l. Us r Cit,,/ @ttorney
21 Depar*ent of Housing and
22 Neighborhood Preservation
23 c/data/director/proginc.ord
May 7, 1991
l,'-Lrst Rea ing
May 14, 1991
Secoi
- 32 -
Item II1-I.5.
CONSENT AGENDA ITEM # 34429
Upon motion by Councilman Clyburn, seconded by Councilian Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $1,611 rant
from the Virginia Division of Emergency Me ical
Services to the Department of Emergency Me ical
Services re purchase of laser jet printer.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robeit W.
Clyburn, Vice Mayor Robert E. Fentress, I]Ekrold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms Jr.
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A $1,Ell GRANT
2 FROM THE VIRGINIA DIVISION OF EMERGENCY MEDIC7L SERVICES
3 TO THE DEPARTMENT OF EMERGENCY MEDICAL SERIICES
4
5
6 WHEREAS, the Department of Emergency Medical Service ias identified numerous
7 items of equipment needed for volunteer recruitment and tr ining, and haB pursued
8 grant funding for this equipment,
9
10 WHEREAS, a grant in the amount of $1,611 from the "irginia State Division
11 of Emergency Medical Services has been awarded to the Virginia Beach Department of
12 Emergency medical Services for purchase of a laser jet pr@.nter for production of
13 volunteer recruitment and training materials,
14
15 WHEREAS, this grant requires no local match of funde.
16
17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE 4@ITY OF VIRGINIA BEACH,
18 VIRGINIA, that a grant in the amount of $1,611 from th,? Virginia Division of
19 Emergency Medical Services be accepted and appropriated to the Department of
20 Emergency Medical Services, and that Revenue from the Commcnwealth for FY 90-91 be
21 increased by $1,611.
22
23 This ordinance shall be effective from the date of @.ts adoption.
24
25 Adopted by the Council of the City of Virginia Beaci, Virginia on the 14th
26 day of May, 1991.
27
28 First Reading May 14, 1991
29 Second Reading
30
31
32 APPROVED AS TO CONTENZ Budao@t and Evaluation
33 Walter C. Kraem @, Jr. I)epartment
34
- 33 -
Item III-I.6.
CONSENT AGENDA ITEM # 34430
Upon motion by Councilman Clyburn, seconded by Councilran Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroac'ment
into a portion of the City's property known a,, the
waters of Lake Joyce to Robert H. and Paulire K.
Gillock (2345 Bayville Road) re constructing and
maintaining a bulkhead (BAYSIDE BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the city.
2. The owner agrees to keep and hold the City fre@ and
harmless of any liability as a result of the
encroachment.
3. The homeowner agrees to maintain said encroacament
so as not to become unsightly or a hazard.
4. Prior to any construction within the existing
public property, the owner or his agent shall
obtain a permit form the Waterfront Operations
Office.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robeit W.
Clyburn, Vice Mayor Robert E. Fentress, farold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms Jr.
AN ORDINAN-E TO AUTTIORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 CITY PROPERTY KNOWN AS
5 THE WATERS OF LAKE JOYCE
6 TO ROBERT H. AND PAULINE
7 K. GILLOCK, HUSBAND AND
8 WIFE, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE ITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of virginia, 1950, as amended,
15 Robert H. and Paulihe K. Gillock, their heirs, assigns and
16 successors in title are authorized to construct and maintain a
17 temporary encroachment into the City property kno@rn as the waters
18 of Lake Joyce.
19 That the temporary encroachment herein allthorized is for
20 the purpose of constructing and maintaining a bulkhead and that
21 said encroachment shall be constructed and maintain(!d in accordance
22 with the City of Virginia Beach Public Works Department's
23 specifications as to size, alignment and location, and further that
24 such temporary encroachment is more particularli, described as
25 follows:
26 An area of encroachment into a
27 portion of the City's property known
28 as the waters of Lake Joyce, on the
29 certain plat entitled: I.PROPOSED
30 FILL IN LAKE JOYCE AT VA. BEACH", a
31 copy of which is on file in the
32 Department of Public Works and to
33 which reference is made for a more
34 particular description.
35 PROVIDED, HOWEVER, that the temporary encrc achment herein
36 authorized shall terminate upon notice by the City of Virginia
3'7 Beach to Robert H. and Pauline K. Gillock, their heirs, assigns and
38 successors in title and that within thirty (30) dzys after such
39 notice is given, said encroachment shall be removed f rom the City's
40 property known as the waters of Lake Joyce and that Robert H. and
41 Pauline K. Gillock, their heirs, assigns and su,,cessors in title
42 shall bear all costs and expenses of such removal.
43 AND, PROVIDED FURTHER, that it is exp:7essly understood
44 and agreed that Robert H. and Pauline K. Gillo--k, their heirs,
45 assigns and successors in title shall indemnify E.nd hold harmless
46 the City of Virginia Beach, its agents and em])Ioyees from and
47 against all claims, damages, losses and exlenses including
48 reasonable attorney's fees in case it shall be nec,@ssary to file or
49 defend an action arising out of the location or existence of such
50 encroachment.
51 AND, PROVIDED FURTHER, that the party of the second part
52 agrees to maintain said encroachment so as not to Decome unsightly
53 or a hazard.
54 AND, PROVIDED FURTHER, that the party of the second part
55 must obtain a permit from the Waterfront Operation,- Office prior to
56 commencing any construction within the City's projerty.
57 AND, PROVIDED FURTHER, that this ordinarce shall not be
58 in effect until such time that Robert H. and PauLine K. Gillock
59 execute an agreement with the City of Virginia Beach encompassing
60 the aforementioned provisions.
61 Adopted by the Council of the City of )'irginia Beach,
62 Virginia, on the 14 day of May 91
1 19
VIII Al T(? CONTENT
DEPARTA.ENT
EXHIBIT "A"
NOT A SUBDIVISION
t@ YA ('t p CPXLI-,D
C-P
]?EYWT?Ac@
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-D W AT,5 L@ L a V,5
m w I- -0
k tj CA, I
V)A-rf R -Cl( L K 7!y
T;,L,,r@rt CL-a-rf4 -TINR, C
f'LP,cCf3 (3e-rwL,'g
BL,Ll< HE'F, aO7'r" -
-r.,u L,
AN D A L
V/@V/
/,V
A(Di@ccNr AT @@A,
k C--F (/.' t,/ /--ff(f c y, vA gy IV, H, C-
le " /@13 i .2 3
i3AY
ROJECT SITE
VEN
LOCATION MAP
TIIIS AGREEMENT, n,ade this diiy of
by and between the CITY OF VIRGINI BEACH, VIRGINIA, a
municiPal corporation, grantor, hereinafter referred to as p r y
a t
of the first part nd
and ROBERT H. and PAULINE K. GILLOCK, husba
and wife, THEIR HEIRS, ASSIGNS AND SUCCESSOR IN TITLE, grantee,
hereinafter referred to as party of the seccnd part.
W I T N E S S E T H:
That, WHEREAS, it is proposed bl the party of the
second part to construct and maintain a bulkiead in the City of
Virginia Beach; and
WHEREAS, in constructilig and maintaj ning such bulkhead,
it is necessary that the said party of the s@@cond part encroach
into a portion of an existing City property lznown as the waters
of Lake Joyce; and said party of the second part has requested
that the party of the first part grant a teml)orary encroachment
to facilitate such bulkhead within a portlon of the City'sI
property known as the waters of Lake Joyce.
NOW, THEREFORE, for and in con@;ideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further corsideration o One
f
Dollar ($1.00), in hand paid, to the said Farty of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the secord part a temporary
encroachment to use a portion of the city' s prcperty known as the
waters of Lake Joyce for the purpose of constructing and
maintaining such bulkhead.
It i-s expressly understood and agreed that such
temporary encroachment will be construcred and maintained in
accordance with che laws of the Commonwealth of Virgini
a and the
C
City of Virginia Beach, and in a cordance with the City ot-
Virginia Beach Public Works Department's specifications and
approval as to size, aligiiment and locetion and is more
Particularly described as follows, to wit:
An area of encroachment into a p()rtion of
the City's property known as the %7aters of
Lake Joyce as shown on that certain plat
entitled: "PROPOSED FILL IN LAKE JOYCE AT
VA. BEACH", a copy of which is attached
hereto as Exhibi- "A" and to which i-eference
is made for a more particular desc]-iption.
It is further expressly understood ind agreed that the
temporary encroachment herein authorized sh .11 terminate upon
notice by the City of Virginia Beach to the larty of the second
part, and that wichin thirty (30) days after such notice is
given, such temporar-v encroachment shall be removed from the
city's property known as the waters of Lake io,7ce by the party of
the second part; and that the party of the sec,.nd 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 eml)loyees, from and
against all claims, damages, losses and e@<penses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the locaticn or existence of
such temporary encroachment.
2
It is further expressly understc)
od and agreed th.t
nothing herein contained shall be construed to eniarge s
uch
permission and auth,r,,y to permi t- t ie maintenance or
construction of any eiicroachment o"her than t@at specified herein
and to the limited extent specified herein nor to permit the
rnaintenance and construction ot any encroachiient by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permi- from the
Waterfront Operations office prior to commencing any construction
within the City's property.
It is further expressly understood ind agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any suct 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 perding such removal,
the party of the first part may charge the p rty of the second
part compensation for the use of such port on of the city's
right-of-way encroached upon the equivalent of what wouid be the
real property tax upon the land so occupied i:-- it were owned by
the party of the second part; and if such renioval shall not be
3
made within the time ordered hereinabove by this Agreement, the
CitY shall impose a penalty in th, sum of )ne Hundred Dollars
($100.00) per day f r each and every day that such encroachment
is allowed to continue thereafter, and !;hall collect s,ch
compensation and penalties in any manner pro@ided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Robert H. and ?auline K. Gillock,
the said party of the second part has cause(. this Agreement to
be executed by his signature and seal duly affixed. Further,
that the CitY of Virginia Beach has caused t]Lis Agreement to be
executed in its name and on its behalf by its )eputy City Manager
and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIEGINIA BEACH
By
(SEAL) Ci Y M..ager
ATTEST:
,-,VPROVED AS TO CONI@ti4l-
llock
DEPARTMENT
'Illook
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, toiwit:
I, a Notary Public
in and for the City and State afore,aid, do hereby certify that
Robert H. and Pauline K. Gillock, whose names are signed to the
4
foregoing writing, bearing date the day of
190 i, has acknowledied the same before
me in MY City and State aforesaid.
en under iny hand this day of
19cit
AMERIDANC SA)IliiG$ BANNN
My Commission Expires: 1608 Itidepeadeiice Blvd. -tary Plbli
Virgi"iu Beach, Va. 234SS the ]6th da
commissioned a Notafy Public as
STATE OF VIRGINIA Susan A,
CITY OF VIRGINIA BEACH, to-wi-1:
I, a Notary
Public in and for the City and State aforesaid do hereby certify
that AUBREY V. WATTS, JR. , City Manager for t@.e CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the.. - day of , 19_ , has acknowledged
the same before me in my City and State afore5aid.
GIVEN under my haild this day of
19-.
Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OIP VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the_ day of 1 19 _, lias acknowledged the
same before me in my City and State aforesaid.
ii
I
I
GIVEN under my hand this I
dar of 1
19 Ii
- I
I
I
Not
MY Commission Expires:
i
I
I
I
I
6
of
ice of th
March 20, 1991
Mr. Aubrey V. Watts, Jr.
City Manager
OitY Of Virginia Beach
Municipal Center
Virginia Beach, VA 23456-9001
Re: Lake Joy(:e Encroachment
Mr. Robei't H. Gillock
Dear Aubrey,
As YOU know in 1967, the Norfolk City Council adopted an
language in the conveyance wof Virginia Beach. ghere wa,
around the lake to the CitY I n
ordinance conveying Lake Joyce along with a 25 fcot strip of a d
Beach to use the property ex hich required the City of virginia
clusively for public or municipal
Purposes and provided that the property should nct be conveyed,
sold or leased and should not
other purpose. be permitted to be used for any
Irl Lhe event this condition was breached, the
property would revart tO Norfolk.
We have received a request from Mr. Robert H. Gillock of
2345 Sayville Road to encroach into the 25 foot wide strip of
land around Lake Joyce in order to replace hiS bulkhead- This
matter was forwarded tO city Council and no objec:ions were
noted.
Therefore, the City of Norfolk would not con@tider the
requested encroachment by Mr. Robert H. Gillock, -f authorized by
the CitY of Virgi ia Bea h
Norfolk's deed toh c , to violate the condit ons in
Virginia Beach This Position s taken only
with respect to the facts set fo*
25 @th herein as it ielates to the
fOot strip of land located at 2345 Bayville Rozd, Virginia
Beach, Virginia, 23455. This ac ion does not demcnstrate or
-- past, present, or future.
control similar instances t
p
lease give us a call should You have qllestions.
Sincerely,
@Jam. B. Oliver, Jr.
i_
ty Manager
CC: Director of Development
City Engineer, Virginia Beach
Mr. Robert H. Gillock,/
all Building - Norfolk, Vir inia 23501 - (804 441-2 71
- 34 -
Item III-I.7.
CONSENT AGENDA ITEM # 34431
Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amou t of
$38,132.69 upon application of certain person,@ and
upon certification of the City Treasurer for
payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha old
Heischober, Louis R. Jones, Paul J. Lanteigne, eba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
FORM NO. C.A. 1
5/6/91 E@IC
AN ORDINANCE AUTHORIZING TAX REFUN )s
UPON APPLICATION OF CERTAIN PERSON'
AND UPON CERTIFICATION OF THE TREAS'JREA
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 Tre. surer are hereby approved:
NAME Tax Type Ticket Exonera- [@"te Penalty lnt. Total
Y ear of Tax Number tion No. I .id
Samuel F. Harris etux 88 RE(1/2) 45190-0 11/20/87 136.04
Samuel F. Harris etux 88 RE(2/2) 45190-0 5/31/88 136.04
Samuel F. Harris etux 89 RE(1/2) 46637-8 11/21/88 188.60
Samuel F. Harris etux 89 RE(2/2) 46637-8 5/24/89 188.60
Samuel F. Harris etux 90 RE(1/2) 47410-6 11/7/89 201.38
Samuel F. Harris etux 90 RE(2/2) 47410-6 5/29/90 201.38
Samuel F. Harris etux 91 PE(1/2) 48199-0 11/26/90 217.88
Robert W. White 89 PE(2/2) 830015-7 4/5/90 82.40
Robert W. White 89 RE(2/2) 840015-6 4/3/90 77.83
Robert W. White 89 RE(2/2) 850015-5 4/3/90 71.04
Robert W. White 89 RE(2/2) 860013-6 '/@/90 66.41
Robert W. t4hite 89 RE(2/2) 870012-6 4/3/90 53.28
Robert W. White 80 RE(2/2) 880021-4 4/3/90 49.50
Nick & Pam Potocska 90 RE(1/2) 90468-7 12,'5/89 86.32
Nick & Pam Potocska 90 RE(2/2) 90468-7 5/ /90 86.32
First Advantage Mortgage 90 RE(1/2) 77113-3 12,'I/89 212.41
First Advantage Plortgage 90 RE(2/2) 77113-3 5/@11/90 212.41
Landmark Savings Assoc 90 RE()/2) 77255-1 5/@iO/90 47.02
First Nat'l Bank Gainesville 91 RE(1/2) 43076-9 11/26/90 28.11
Idlewhyle Motel Inc 91 RE(1/2) 54985-6 12/5/90 2,680.32
Life Savings Bank FSB 91 RE(1/2) 4058-3 12/5/90 48.47
Life Savings Bank FSB 91 RE(1/2) 4050-1 12/5/90 48.47
Life Savings Bank FSB 91 RE(1/2) 4051-0 12/5/90 18.46
Life Savings Bank FSB 91 RE(1/2) 4053-8 12/5/90 50.45
Life Savings Bank FSB 91 RE(1/2) 4052-9 12/5/90 50.45
Life SAvings Bank FSB 91 RE(1/2) 4059-2 12/5/90 50.45
Life Savings Bank FSB 91 RE(1/2) 4055-6 12/5/90 48.46
Life Savings Bank FSB 91 RE(1/2) 4056-5 12/5/90 50.45
Life Savings Bank FSB 91 RE(1/2) 4057-4 12/3/90 50.45
Jefferson S&L Assoc 91 RE(1/2) 102106-7 1213190 15,380.59
Wayside Associates 91 RE(1/2) 121105-8 12/5/90 473.89
Wayside Associates 91 RE(1/2) 121107-6 12/5/90 36.66
Wayside Associates 91 RE(1/2) 121108-5 12/3/90 30.76
ayside Associates 91 RE(1/2) 121109-4 12/i/90 36.82
iking Motel Corp 91 RE(1/2) 118528-3 12/3/90 966.58
ewport News S&L 91 RE(1/2) 84068-3 12/5/90 10,368.39
avy Federal Credit Union 91 RE(1/2) 54110-4 12/5/90 323.64
ewcastle Motel Inc 91. RE(1/2) 82987-5 12/5/90 5,045.96
Totil 38,132.69
This ordinance shall be effective from date of adoption.
Thg3?, a ent(s@ totaling n,
o@T2 . @Vem were approved by
the Council of
e pe City of Virginia
Beach on th --day of ay, 1.991
T"
... rer
Approved as to forrn:
Ruth Hodges Smith
City Clerk
Leslie L-Lilley, City
- 35 -
Item III-I.8.
CONSENT AGENDA ITEM # 34432
Upon motion by Councilman Clyburn, seconded by Councilnan Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the alount
of $4,063.42 upon application of certain pe] sons
and upon certification of the Commissioner ol the
Revenue for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha old
Heischober, Louis R. Jones, Paul J. Lanteigne, eba
S. McClanan and Nancy K. Parker
Council Members Voting Nay;
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
"M NO. C.A a nEv. 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 BEAC q, 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 F enalty Int. Total
The Pinnacle companies, I,,.
5245 Prestwick street 1989-90 Audit 42.00 42.00
virginia Beach, VA 23464
Regan, John F. 1989-90 Audit 528.68 528.68
T/A College Park Exxon
4659 Truman Lane
Virginia Beach, VA 23455
Rick Potter concrete Construction, In,.
4168 Wareneck Drive 1989 Audi.t 28.04 28.04
virginia Beach, VA 23456
stenson, Michael J. 1988-90 Audit 483.46 483.46
T/A stenson construction co.
Payable to: John T. Atkinson
C/0 Commissioner of the Revenue
Certifie i as to Payment:
4 tke
commi!
Approvi!d as to form:
esl,e L Li-iiey-4
This ordinance shall be effective from date of City Att( rney
adoption.
The above abatement(s) totaling 1,082-18 were approved by the Council
of the City of Virginia Beach on the 14 day of May 19 21-
Ruth Hodges Smith
City Clerk
FORM P40. C.A. 8 FIEV, 3M
AN ORDINANCE AUTHORIZING LICENSI: REFUNDS
UPON APPLICATION OF CERTAIN PERE ONS AND
UPON CERTIFICATION OF THE COMMIESIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC @, 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 F'enafty lnt. Total
Alexander, James D. 1989-90 Audit 50.84 50.84
T/A Alexander vending service
327 Farrell Street
Norfolk, VA 23503
Atlantic Financial services, Inc.
T/A John D. Chee & company 1990 Audit 1,113.70 1,113.70
4540 Bonney Road S-A
Virginia Beach, VA 23462
Barnes, Richard V. 1990 Audit 25.19 25.19
T/A Kims Luv N care
1441 Cole Drive
Chesapeake, VA 23320
Certifie,J as to Payment:
.b@e,t
Commi,, e
Approvg!d as to form:
Le.l@,@ L Lilley
This ordinance shall be effective from date of City Attc rney
adoption.
The above abatement(s) totaling 9.73 were approved by the Council
of the City of Virginia Beach on the 14 day of May 91
19
Ruth Hodges Smith
City Clerk
FOFIM No, C.& 8 REV.
AN ORDFNANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERS DNS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
13E IT ORDAINED BY THE COUNCIL OF THE Crry OF VIRGINIA BEAC i, VIRGINIA:
That the following applications fc)r lic,nse refunds, upon certification of the C,mmissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base P enalty lnt. Total
B.C.T., Inc. 1988-90 Audit 114.76 114.76
T/A BC Pavilion T,!xaco
1405 N. Great Neck Road
virginia Beach, VA 23454
Beavers, Joan E. 1989-90 Audit 91.64
T/A Concepts N Motion of Great Neck 91.64
1427 N. Great Neck Road
Virginia Beach, VA 23452
BFV, Inc. 1989-90 Audit 440.71 440.71
T/A Ben Franks
3157 va. Beach Blvd.
virginia Beach, VA 23452
Certifie(i as to Payment:
W. b .41
Commis e
ApprovE d as to form:
Le@,e L Lilley
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $ 647. 11 were approved by the Council
14 May 91
of the City of Virginia Beach on the - day of 19
RLith Hodges Smith
City Clerk
FORM NO, C.& 8 REV. 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 BEAC i, 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 F enalty lnt. Total
Bonds, Steven & Hunter, William
T/A B & H Construction 1989 Audit 190.97 190.97
1056 Princess Anne Road
virginia Beach, VA 23457
Casey Textiles Inc. 1989-90 Audit 45.24 45.24
847 Seahawk Circle S-102
virginia Beach, VA 23452
Choi, Chang H. 1989-90 Audit 55.08 55.08
T/A Marketing Associates
2813 Washington Avenue
Newport News, VA 23607
Certjfieil as to Payment:
.b@e,t'@ V..gha,,
Commi@ sioner of the Revenue
Approvi!d as to form:
L l@,e L Llil-Y
This ordinance shall be effective from date of City Attc rney
adoption.
The above abatement(s) totaling $ 291. 29 were approved by the Council
of the City of Virginia Beach on the 14 day of May 9@
19
Ruth Hodges Smith
City Clerk
FORM No. C.A. 8 REV. "6
AN ORDINANCE AUTHORIZING LICENSI: REFUNDS
UPON APPLICATION OF CERTAIN PERC, ONS AND
UPON CERTIFICATION OF THE COMMIC;SIONER
OF THE REVENUE I
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 I lenalty Int. Total
Drylie, Jennifer H. D. & Allard, C. M.
T/A Dryson construction 1990 Audit 71.90 71.90
1530 Fairfax Drive
Virginia Beach, VA 23456
Eller, Geraldine D. & James A.
T/A Eller Construction 1989-90 Audit 79.05 79.05
3344 Lusk Street
virginia Beach, VA 23464
Finnegan, Joan M. 1989-90 Audit 82.29 82.29
T/A Wood Shack
2048 Shilielagh Road
Chesapeake, VA 23323
Certifie i as to Payment:
.@b.,t
commi! e
Approv,@d as to form:
.@l, . L
This ordinance shIll be ffective from date of City Attc
adoption.
The above abatement(s) totaling .24 were approved by the Council
14 May 91
of the City of Virginia Beach on the - day of 19
Ruth Hodges Smith
City Clerk
"M NO. C.k 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENS= REFUNDS
UPON APPLICATION OF CERTAIN PER,';ONS AND
UPON CERTIFICATION OF THE COMMI!;SIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC H, VIRGINIA:
That the following applications fo, license refunds, upon certification of th( Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base enalty lnt. Total
Foxcroft Cop. 1989 Audit 211.58 211.58
1804 moonraker Lane
virginia Beach, VA 23454
McLane, Harry 1990 Audit 136.35 136.35
2541 Adventure Trail
virginia Beach, VA 23454
mullins International Tech, Inc.
T/A Exotic motor C,,r Accessories
5121 va. Beach Blvd. 1989-90 Audit 20.03 20.03
Norfolk, VA 23502
CertifieJ as to Payment:
.b.rt
Commi
Approv,-d as to form:
Leslie L
This ordinance shall be effective f,om date of City Atti
adoption.
The above abatement(s) totaling $ 367. 96 were approved by the Council
14 May 91
of the City of Virginia Beach on the - day of 19
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3U
AN ORDINANCE AUTHORIZING LICENSI: REFUNDS
UPON APPLICATION OF CERTAIN PER,C ONS AND
UPON CERTIFICATION OF THE COMMIC. SIONER
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 I
Year Paid Base enalty Int. Total
Newell, Mark R. 1990 Audit 171.91 171.91
T/A Newell Lawn Service
600 Fryler Place
Chesapeake, VA 23320
Norman, Ronald L. 1989 Audit 50.00 50.00
T/A omni Mechanical
4864 Klamath Road
Virginia Beach, VA 23462
Olsson, Lars 0. 1989 Audit 30.00 30.00
T/A Scandinavian Home Renovations
1208 Christian Court
Virginia Beach, VA 23464
CertifieJ as to Payment:
.@be,'t VIIgh.,
Commi!;sioner of the Revenue
Approv,@d as to form:
s@l, e LLIley
This ordinance shall be effective from date of City Att(,rney
adoption.
The above abatement(s) totaling were approved by the Council
of the City of Virginia Beach on the 14 day of May 91
19
Ruth Hodges Smith
City Clerk
- 36 -
Item III-J.1.
PUBLIC HEARING ITEM # 34433
PLANNING
Vice Mayor Robert E. Fentress DECLARED a PUBLIC IFEARING oi:
PLANNING
(a) GEMINI BUILDERS, INC. STREET CIDSURE
(b) PROVIDENCE PRESBYTERIAN CffURCH CONDITIONIL USE PERMIT
(c) THE CHURCH OF ST. GREGORY TliE GREAT CONDITION,.L USE PERMIT
(d) FRANK DREW CONDITION..L USE PERMIT
(e) RACE PREP MOTORSPORTS,INC. CONDITIONAL USE PERMIT
(f) VIRGINIA BEACH EVENTS UNLIMITED, INC. CONDITIONA@ USE PERMIT
(g) SIGNET BANK/VIRGINIA CONDITIONA. ZONING
CLASSIFIC TION
(h) KAY V. McDANIEL CONDITIONAI USE PERMITS
(i) CITY ZONING ORDINANCES SECTIONS IC6
Re: Fees for Variance
Applicatic)ns
SECTIONS 15)1, 1506 and 1507
Re: Regula--ions in the RT-1
Resort Toirist District
- 37 -
Item III-J.I.a
PUBLIC HEARING ITEM # 34434
PLANNING
Attorney Grover Wright represented the applicant
Upon motion by Councilman Clyburn, seconded by Councilma Baum, City Council
APPROVED, subject to compliance of conditions by the Ci y Council Session of
November 12, 1991, the Petition of GEMINI BUILD @S, INC. for the
discontinuance, closure and abandonment of a portion of Old Princess Anne Road:
Petition of GEMINI BUILDERS, INC. for the
discontinuance, closure and abandonment )fa
portion of Old Princess Anne Road located oit the
eastern boundary of Old Princess Anne oad,
beginning at a point 68.3 feet south of Dulhill
Drive and running in a southerly directi)n a
distance of 677.70 feet. Said parcel is 20 fe,!t in
width and contains 13,550 square feet. KEMPS TILLE
BOROUGIf.
The following conditions shall be required:
1. The property proposed for closure will be conieyed
to the applicant in exchange for the dedicaticn of
the 16-foot right-of-way reservation along Prircess
Anne Road located on the applicant's property.
2. The applicant is required to resubdivide the
property and vacate internal lot lines to
incorporate the closed area into adjoining parc:!ls,
as well as, to insure that all lots have acceS3 tO
a public street.
3. A 30-foot public utility easement must be dedicited
over the sewer line being installed with :his
project up to and including the manhole at the
property line that now exists.
4. The applicant shall submit a revised ordin,@.nce
closing the right-of-way to the City Attorn(y Is
Office. The redraft shall include a "save and
except" clause for the utility easement refererced
in condition #3.
5. The applicant is responsible for ma@ing
arrangements to accommodate any non-municipal-
utilities which may be located in the right-of-way
proposed for closure. Evidence that appropriate
easements have been granted to Virginia Electric
and Power Company must be submitted to the Plannlng
Department.
6. Closure of the right-of-way shall be conting nt
upon compliance with the above stated conditi ns
within 180 days of the approval by City Coun il
(November 12, 1991).
- 38 -
Item III-J.I.a
PUBLIC HEARING ITEM # 34434 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Rober: W.
Clyburn, Vice Mayor Robert E. Fentress, H@rold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, J7.
- 39 -
Item III-J.I.b
PUBLIC HEARING ITEM # 34435
PLANNING
Upon motion by Councilman Clyburn, seconded by Councilmai Jones, City Council
ADOPTED an Ordinance upon application of PROVIDENCE PRES3YTERIAN CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PROVIDENCE
PRESBYTERIAN CHURCH FOR A CONDITIONAL USE TERMIT
FOR A CHURCH (ADDITION) R05911365
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINRA BEACH, VIRGINIA
Ordinance upon application of Provilence
Presbyterian Church for a Conditional Use P?rmit
for a church (addition) at the soutieast
intersection of Providence Road and Whiteiurst
Landing Road. The parcel is located at 5497
Providence Road and contains 2.816 a:res.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The subject site, including existing parking aieas,
shall adhere to the Landscape Ordinance.
2. At detailed site plan review, the submitted plan
shall provide for Best Management Practices
facilities. Infiltration BMP's located under
pavement may not be appropriate due to potential
maintenance problems.
This Ordinance shall be effective in accordance with Sec ion 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach Virginia, on the
Fourteenth day of May, Nineteen Hundred and Ninety-One.
Voting: 9-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, J-.
- 40 -
Item III-J.J.c.
PUBLIC HEARING ITEM # 34436
PLANNING
UPon motion by Councilman iones, seconded by Councilrian Heischober, City
Council ADOPTED an Ordinance upon application of THE CHUR,H OF ST. CUMRY THE
GREAT for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CHURCH 01 ST.
GREGORY THE GREAT FOR A CONDITIONAL USE PERMI" FOR
A CHURCH ADDITION (CAFETERIAIKTTCHEN) R0591136)
BE IT HEREBY ORDAINED BY THE COUNCIL OF TFIE CITY OF VIRGIN.A BEACH, VIRGINIA
Ordinance upon application of The Ch,rch of St.
Gregory The Great for a Conditional Use Permit for
a church addition (cafeteria/kitch,,) on ceitain
property located at 5345 Virginia Beach Boule,ard.
The parcel contains 14.72 acres. BAYSIDE BOROUCH.
The following condition shall be required:
1. At detailed site plan review, the submitted Dlan
shall provide for Best Management Pract'Lces
facilities. Infiltration BMP's located uider
pavement may not be appropriate due to poten--ial
maintenance problems.
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
Fourteenth daY of May, Nineteen H,ndred and Ninety-One.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fent,e,s, Har3ld
Heischober, Louis R. Jones, Paul J. Lanteigne, R@ba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
- 41 -
Item III-J.I.d.
PUBLIC HEARING ITEM # 34437
PLANNING
Attorney Judith L. Rosenblatt, 700 Lynnhaven Parkway, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Coun -ilman Brazier, City
Council ADOPTED an Ordinance upon application of FRANK DREW:
ORDINANCE UPON APPLICATION OF FRANK DREW FDR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION SALE
OF ANTIQUES) R05911367
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN A BEACH, VIRGINIA
Ordinance upon application of Frank Drew f r a
Conditional Use Permit for a home occupation sale
of antiques) on the north side of North Larding
Road, west of West Neck Road. Said parce- is
located at 2634 North Landing Road and contains
3.06 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. The applicant has agreed not to conduct busines3 on
Sunday mornings.
This Ordinance shall be effective in accordance with Seci@ion 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach Virginia, on the
Fourteenth day of May, Nineteen Hundred and Ninety-One.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Har)ld
Heischober, Louis R. Jones, Reba S. McClanan and Nalcy
K. Parker
Council Members Voting Nay:
None
Council Members Abstained:
Paul J. Lanteigne
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
Councilman Lanteigne ABSTAINED as he was currently employei by the City of
Virginia Beach as a police officer in a position in the Sheriff's Office.
Although, the City Attorney had advised him, he was able to ])articipate in the
transaction fairly, objectively and in the public interest.
- 42 -
Item III-J.I.e.
PUBLIC HEARING ITEM # 34438
PLANNING
Thomas Butt, 860 Greenbrier Circle, Phone: 424-5722, Amada-Hoffler Real
Estate, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Couicilman Jones, City
Council ADOPTED an Ordinance upon application of RACE PRT MOTORSPORTS, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RACE PREP
MOTORSPORTS, INC. FOR A CONDTTIONAL USE PERMIT FOR
AN AUTOMOBILE REPAIR GARAGE AND CAR WASH R05911368
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIK BEACH, VIRGINIA
Ordinance upon application of Race )rep
Motorsports, Inc. for a Conditional Use Permit for
an automobile repair garage and car wash on the
west side of Seahawk Circle, 750 feet more or --ess
south of International Parkway. The parcel is
located at 777 Seahawk Circle and contains .02
acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. There shall not be any outside storage of new and
discarded parts.
2. Automobiles awaiting parts must be stored within
the building.
3. There shall not be any repairs or washing/detailing
performed outside of the building.
4. The applicant shall replace all dead landscaping on
the site and this landscaping shall be maintaiied
in a satisfactory manner. At the end of th @ee
years, the applicant shall work with the City St@Lff
and upgrade the landscaping on the site to com])Iy
with the City's landscaping requirements.
5. Any modifications to the building or signage mt.st
receive Development Authority approval.
6. If a discharge permit from the Virginia State Water
Control Board is required regarding the manageMEnt
of waste water associated with the car washing
activities, a copy of the permit must be submitted
before final site plan approval.
7. A plan addressing the management and disposal :)f
oil and associated automotive product residuals
generated by the permitted activities on the si:e
shall be submitted at detailed site plan review.
- 43 -
Item III-J.l.e.
PUBLIC HEARING ITEM # 34438 (Continued)
PLANNINC
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacf, Virginia, on the
Four Nineteen Hundred and Ninety-One.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentres,, Haiold
Heischober, Louis R. Jones, Paul J. Lanteigne, leba
S. McCianan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr
- 44 -
Item III-J.I.f.
PUBLIC HEARING ITEM # 34439
PLANNING
Upon motion by Councilman Clyburn, seconded by Councilman Jones, CitY Council
ADOPTED an Ordinance upon application of VIRGINIA BEACH E s UNLI TED, I
for a Conditional Use Permit: VIW MI NC.,
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH EIENTS
UNLIMITED, INC. FOR A CONDITIONAL USE PERMIT EDR A
COMKERICAL PARKING LOT R05911369
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIK BEACH, VIRGINIA
Ordinance upon application of Virgi@i, Beach Ev@nts
Unlimited, Inc., for a Conditional Use Permit f)r a
commercial parking lot at the northeast cornel of
Atlantic Avenue and 31st Street. The pal-cel
contains 1.03 acres. VIRGINIA BEACH BOROUGH.
The following conditio,, shall be required:
1. The use permit shall be for a period of one year
and reevaluated at that time.
2. The parking lot surface shall be repaired and
maintained with 2 inches of crush and rin,
compacted and fine graded.
3. Entrance shall be secured by a chain or gate dur ng
non-operation hours.
4. Only the present entrance/exit will be allowed.
5. A barrier channelling vehicles as far on-site as
possible should be maintained, thereby alleviat ng
entering vehicles from stacking into Atlan ic
Avenue.
6. A 4-foot split rail fence of concrete or timier
wheel stops shall surround the site and delineate a
5-foot no parking setback which must be maintained
along all sides of the site.
This Ordinance shall be effective in accordance with Secticn 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, @irginia, on the
Fourtee ay of Mav. Nineteen Hundred and Ninety-One.
- 45 -
Item III-J.I.f.
PUBLIC @iNG ITEM # 34439 (Continuod)
PLANNINC
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Ha i@ eolb ad
Heischober, Louis R. Jones, Paul J. Lanteigne,
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
*Vice Mayor Fentress DISCLOSED pursuant to Section 2.1-639.14((") of the Code of
Virginia, he is an officer (Vice Chairman-Governmental Affairs., and a Member of
the Board of Directors of Virginia Beach Events Unlimited, .nc. Vice Mayor
Fentress declared he was able to participate in the traiisaction fairly,
objectively and in the public interest. Vice Mayor Fentress' letter of May 13,
1991, is hereby made a part of the record.
*Councilman Heischober DISCLOSED pursuant to Section 2.1-639.1.(G) of the Code
of Virginia, he is a Member of the Board of Directors of Virginia Beach Events
Unlimited, Inc. Councilman Heischober declared he was able tc participate in
the transaction fairly, objectively and in the public inteiest. Councilman
Heischober's letter of May 13, 1991, is hereby made a part of tie record.
@i-t@ CDf NTir-"i@i @@EA@la
ROBERT E. FENTRESS 3810 ATLANTIC AVENUE
VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23451
PHONE (804) 422-6084
May 13, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this w-itten disclosure is the
Council consideration of the Virginia Beach E, ents Unlimited, Inc.'s
application for a conditional use permit for a park ng lot at the northeast
corner of Atlantic Avenue and 31st Street.
2. 1 am an officer (Vice-Chairman - Governmental Af airs) and a member of
the Board of Directors of Virginia Beach Events Jnlimited, Inc., a non-
stock corporation, which functions as the official b()dy through which City
funds are managed for major events and festival oriented programs.
I
Mrs. Ruth Hodges Smith -2- May 13, 1991
3. Although the City Attorney has advised me that thi@ interest does not meet
the criteria of a personal interest in the transactioji under the Conflict of
Interests Act, I wish to disclose this interest and declare that I am able to
participate in the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter frcm Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Robert E. Fen ress
Vice-Mayor
REF/a@
Enclosure
Cit@c>f
LESLIE L L LLEY MUNIC PAL CENTER
CITY ATT@NLY V RGIN A BEACH, VA 23456 9001
(804) 427 4531
FAX (804) 426 5687
May 13, 1991
Vice-Mayor Robert E. Fentress
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Opinion
Dear Vice-Mayor Fentress:
I am writing in response to your request for an opinion iegarding your ability to
participate in the Council discussion and vote on Virginia Beach Events Unlimited, Inc.'s
application for a conditional use permit for a commercial parlcng lot at the northeast
corner of Atlantic Avenue and 31st Street.
Summ Conclusion:
From my review of the Conflict of Interests Act and the information provided by
you as referenced below, I am of the opinion that you do not hai,e a personal interest in
the transaction of the Virginia Beach City Council concerning the consideration of a
conditional use permit for a commercial parking lot at the nortlieast corner of Atlantic
Avenue and 31st Street by Virginia Beach Events Unlimited, Inc. Thus, you are permitted
to participate in this matter without restriction. For your informa ion, I have outlined the
disclosure requirements of Section 2.1-639.14(G) should you Iesire to disclose your
relationship and vote; I have also set forth the applicable proviiions for abstention set
forth in Section 2.1-639.14(E), should you choose not to vote.
Vice-Mayor Robert E. Fentress -2- May 13, 1991
1 base the aforesaid conclusions on the following facts wh ch you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Facts Presented:
Your request for an advisory opinion is generated by the Council's consideration
of the application for a conditional use permit by Virginia Beact Events Unlimited, Inc.
You have advised that your concern, and reason for requesting @his opinion, is that you
are an officer (Vice-Chairman - Governmental Affairs) and a lyember of the Board of
Directors of Virginia Beach Events Unlimited, Inc., a non-stoik corporation and the
organization which is to function as the official body througf which City funds are
managed for major events and festival oriented programs. You bave further advised that
you receive no salary or other compensation from Virginia Beact, Events Unlimited, Inc.,
own no equity in Virginia Beach Events Unlimited, Inc., and do not assume any liability
on behalf of Virginia Beach Events Unlimited, Inc.
Discussion:
1. A@12licable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a lel,,islative branch of local
government as defined in SS 2.1-639.2 of the Virginia State and Lo,@,al Government Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 c)f the above-referenced
Act.
C. Council consideration of this proposal by Virginia Beach Events Unlimited, Inc.
is a "transaction" as defined by the Act. A transaction includes aiiy matters considered by
any govemmental agency on which official action is taken or coiitemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a fine ncial benefit or liability
which accrues to an officer, employee, or to an immediate familr member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3% of the total equity of tb-, business; (2) annual
income from ownership in real or personal property or a businese in excess of $10,000.00;
3) salary from the use of property or paid by a business that exceeds $ 10,000.00 annually;
4) ownership of real or personal property when the interest exc(@eds $10,000.00 in value,
Vice-Mayor Robert E. Fentress -3- May 13, 1991
exclusive of ownership in a business, or salary; and 5) perso ial liability incurred or
assumed on behalf of a business which exceeds 3% of the asset alue of the business.
E. A "personal interest in the transaction" eidsts when an officer or employee or
a member of his immediate family has a personal interest in pr:)perty or a business or
represents any individual or business and such property, business c r represented individual
(i) is the subject of the transaction or (ii) may realize a reaso iably foreseeable direct
or indirect benefit or detriment as the result of the agency consi lering the transaction.
11. A1212lication of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specif ed categories, as noted
above in the definition of "personal interest". Specifically, my reiew of those categories
and the facts presented indicate that with respect to Virginia Beacll Events Unlimited, Inc.,
a non-stock corporation: you do not own any interest in the corpi)ration; you do not have
any income from the corporation; you do not own affected real or personal property which
interest exceeds $10,000 in value; nor do you have any persolal liability incurred or
assumed on behalf of the corporation. Therefore, I conclude :hat you do not have a
personal interest in Virginia Beach Events Unlimited, Inc., as dtfined by the Conflict of
Interests Act.'
1 Three opinions of the Attorney General dealing V,'ith directors or board members are of
relevance: President of a Virginia Community Coflege who serves on the advisory board of
directors of a private bank and who receives $800 annually from the tank for his services is not
required to disqualify himself from transactions involving the college bi,-cause he does not have a
personal interest in the bank. COI Adv. Op. No. 46 (1984). A m(@mber of a local board of
supervisors who also serves as a nonpaid director of a county comminity action agency is not
required by the Act to disqualify himself from the board's considerati(@n of the agency's funding
request absent the member having a financial interest in the agency. COI Adv. Op. No. 81 (1986).
By definition, a sanitation commission member who also serves as ch@iirman of a county service
authority and who does not receive in excess of $10,000 from bott the commission and the
authority dc)es not have a "personal interest" in either body and, thus, ieed not disqualify himself
from participating in a transaction involving both bodies. COI Adv. Cp. No. 76 (1986).
See also SS13.1-814 which provides that no dividend shall be paid and no part of the income
of a non-stock corporation shall be distributed to its members, directo s or officers.
Vice-Mayor Robert E. Fentress -4- May 13, 1991
B. Personal Interest
You do not have a "personal interest", as defined above; tht refore, you cannot have
a "personal interest in the tradsaction" under the definition of th- Act.
III. Prohibitions and Disclosure Requirements
Based on the fact that you have no personal interest in the Council's consideration
of the Virginia Beach Events Unlimited, Inc.'s proposal, you aie not disqualified from
participating, nor are you required to disclose. If you ar(@ concemed that your
participation as to this matter may create some appearance of impropriety because of your
position as Vice-Chairman - Governmental Affairs serving on th- Board of Directors of
Virginia Beach Events Unlimited, Inc., there are two options available to you which may
diffuse any perception problems that may arise:
1. You may either disclose the facts as presented herin and proceed to vote
as to this transaction; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a pioposed disclosure letter
which complies with SS 2.1-639.14(G) is enclosed for your convellience. You may either
make this declaration orally, which is to be recorded in the wriiten minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inipection for a period of
five years from the date of recording or receipt.
If you should desire to abstain from voting, SS 2.1-639.14(",--) provides that in such
instances, the officer shall forthwith make disclosure of the exislence of his interest and
his disclosure shall be reflected in the public records for five ye@irs.
As a final note to any conflict of interests opinion, Sectioa 2.1-639.18(C) provides
that a written opinion of the Ciiy Attorngy made after a full disclosure of the facts, is
advisory and admissable as evidence that the local officer did not knowingly violate the
Vice-Mayor Robert E. Fentress -5- May 13, 1991
Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer
of the COL4, provides immunity from any alleged violation. If you choose to seek an
opinion of the Commonwealth's Attomey, I will be pleased to a@sist you in that regard.
Please contact me should you desire any additional inford[ation.
Very truly yours,
Leslie L. Lill
City Attorney
LLL/avj
Enclosure
HAROLD HEISCHOBER 4372 HOLLAND ROAD
COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 23452
(804) 499-8500
(804) 464-4910
May 13, 1991
Mrs. Ruth Hodges Smith, CMC/AAL,
City Clerk's Office
Mtiiiicipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code )f Virgillia
Dear Mrs. Siiiith:
Pursuant to tlie Virginia Cc)nfliet of Interests Act, Section 2.1-639.14(G), Code of
Virgiiiia, I in@ike the following declaration:
1. The tr@insaction for which I am executing this 'Aritten disclosure is the
Couricil consideratioii of Virginia Beach Events Unl mited, Inc.'s application
for a CODditiODal use permit for a parking lot at :he northeast corner of
Atlantic Avenue and 31st Street.
2. 1 am a member of the Board of Directors of Virginia Beach Events
Unlimited, Inc., a non-stock corporation, which func ions as the official body
throtigh which City funds are managed for major evcnts and festival oriented
programs.
Mrs. Ruth Hodges Smith -2- May 13, 1991
3. Although the City Attorney has advised me tbat thi:@ interest does not meet
the criteria of a personal interest in the transactio i under the Conflict of
Interests Act, I wish to disclose this interest and dc@clare that I am able to
participate in the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this d(@claration in the official
records of tbe City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this ma@ter.
H rold Heiscliober
Councilman
HH/awj
Enclosure
LESL ELL LLEY -U@ C '@L CENIER
CIIY I'TC,R@Ey @'@G I BEICI VI 23@56 .@@
(8.1) @ 1 @531
FA. (@.) @26 5681
May 13, 1991
Councilman Harold Heischober
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of InteTests Opinion
Dear Councilman Heischober:
I am writing in response to your request for an opinion -egarding your ability to
participate in the Council discussion and vote on Virginia Beach Events Urilimited, Inc.'s
application for a conditional use permit for a commercial parking lot at the northeast
corner of Atlantic Avenue and 31st Street.
Summa@Conclusion:
From my review of the Conflict of Interests Act and the nformation provided by
you as referenced below, I am of the opinion that you do not ha /e a personal interest in
the transaction of the Virginia Beach City Council concerning the consideration of a
conditional use permit for a cornidercial parking lot at the nort ieast corner of Atlantic
Avenue and 31st Street by Virginia Beach Events Unlimited, Inc. Thus, you are permitted
to participate in this matter without restriction. For your information, I have outlined the
disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your
relationship and vote; I have also set forth the applicable prov sions for abstention set
forth in Section 2.1-639.14(E), should you choose not to vote.
Councilman Harold Heischober -2- May 13, 1991
1 base the aforesaid conclusions on the following facts wf ich you bave presented.
Please review aiid verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Facts Presented:
Your request for an advisory opinion is generated by the Council's consideration
of the application for a conditional use permit by Virginia Beacli Events Unlimited, Inc.
You have advised that your concern, and reason for requesting this opinion, is that you
are a member of the Board of Directors of Virginia Beach Events Unlimited, Inc., a non-
stock corporation and the orgaiiization which is to function as the official body through
which City funds are managed for major events and festival orienied programs. You have
further advised that you receive no salary or other compensati)n from Virginia Beach
Events Unlimited, Inc., own no equity in Virginia Beach Events Unlimited, Inc., and do
not assume any liability on behalf of Virginia Beach Events Unl mited, Inc.
Discussion:
1. Al?plicable Definitioris of Sectioii 2.1-639.1.
A. City Council is a governmental agency, as it is a ]e islative branch of local
government as defined in SS 2.1-639.2 of the Virginia State and Loal Government Conflict
of Interests Act.
B. You are an officer within the meaniiig of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of this proposal by Virginia Beach Events Unlimited, Inc.
is a "transaction" as defined by the Act. A transaction includes ally matters considered by
any governmental agency on which official action is taken or coiitemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a finencial benefit or liability
which accrues to an officer, employee, or to an immediate famil,, member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3% of the total equity of th@ business; (2) annual
income from ownership in real or personal property or a busines@ in excess of $10,000.00;
3) salary from the use of property or paid by a business that excceds $10,000.00 annually;
4) ownership of real or personal property when the interest excc eds $10,000.00 in value,
Councilman Harold Heischober -3- May 13, 1991
exclusive of ownership in a business, or salary; and 5) perscnal liability incurred or
assumed on behalf of a business which exceeds 3% of the asset value of the business.
E. A "personal interest in the transaction" exists when aii officer or employee or
a member of his immediate family has a personal interest in pioperty or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reascnably foreseeable direct
or indirect benefit or detriment as the result of the agency considering the transaction.
11. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted
above in the definition of "personal interest". Specifically, my review of those categories
and tbe facts presented indicate that with respect to Virginia Beacli Events Unlimited, Inc.,
a non-stock corporation: you do not own ariy interest in tbe corpi)ration; you do not bave
any income from tbe corporation; you do not own affected real or personal property which
interest exceeds $10,000 in value; nor do you have any persorial liability incurred or
assumed on behalf of the corporation. Therefore, I conclude :hat you do not have a
personal interest in Virginia Beach Events Unlimited, Inc., as dc fined by the Conflict of
Interests Act.'
1 Three opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who servcs )n the advisory board of
directors of a private bank and who receives $800 annually from the bank for his services is not
required to disqualify himself from transactions involving the college b(@cause he does not have a
personal interest in the bank. COI Adv. Op. No. 46 (1984). A mcmber of a local board of
supervisors who also serves as a nonpaid director of a county commlinity action agency is not
required by the Act to disqualify himself from the board's consideraticn of the agency's funding
requcst absent the member having a financial interest in the agency. CCII Adv. Op. No. 81 (1986).
By definition, a sanitation commission member who also serves as chairman of a county service
authority and who does not receive in excess of $10,000 from both the commission and the
authority does not hive a "personal interest" in either body and, thus, i eed not disqualify himself
from participating in a transaction involving both bodies. COI Adv. 0). No. 76 (1986).
See also SS13.1-814 which provides that no dividend shall be paid and no part of the income
of a non-stock corporation shall be distributed to its members, director; or officers.
Councilman Harold Heischober -4- May 13, 1991
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above; th refore, you cannot have
a "personal interest in the transaction" under tbe definition of tte Act.
Ill. Prohibitions and Disclosure Requirements
Based on the fact that you have no personal interest in th(@ Council's consideration
of the Virginia Beach Events Unlimited, Inc.'s proposal, you aFe not disqualified from
participating, nor are you required to disclose. If you ar, concerned that your
participation as to this matter may create some appearance of iml,ropriety because of your
position on the Board of Directors of Virginia Beach Events Unliinited, Inc., there are two
options available to you which may diffuse any perception probl--ms that may arise:
1. You may either disclose the facts as presented heroin and proceed to vote
as to this transaction; or
2. You may abstain from voting and disclose any intcrest.
Should you decide to declare your interest and vote, a p.,oposed disclosure letter
which complies with SS 2.1-639.14(G) is enclosed for your conveiiience. You may either
make this declaration orally, which is to be recorded in the wri@ten minutes of the City
Council, or you may file a signed written declaration with the C erk of the City Council,
who shall retain and make this document available for public inspection for a period of
five years from the date of recording or receipt.
If you should desire to abstain from voting, SS 2.1-639.14(,---) provides that in such
instances, the officer shall forthwith make disclosure of the exislence of bis interest and
his disclosure shall be reflected in the public records for five ye:Lrs.
As a final note to any conflict of interests opinion, Sectioi 2.1-639.18(C) provides
that a written opinion of the City Attorney made after a full disclosure of the facts, is
advisory and admissable as evidence that the local officer did nDt knowingly violate the
Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer
Councilman Harold Heischober -5- May 13, 1991
Act, while a favorable opinion of the Commonwealth's Attorne) as the enforcing officer
of the COIA, provides immunity from any alleged violation. I' you choose to seek an
opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard.
Please contact me should you desire any additional inforination.
Very truly yours,
Leslie L. Lill@A
City Attorney
LLL/awj
Enclosure
- 46 -
Ite
PUBLIC HEARING TTEM # 34440
pLANNING
Attorney Howard Gordon, 5209 Foxboro Landing, represent@d the applicant. Mr.
Gordon distributed a letter from Daniel B. Diviney, Ptesident - Lake James
Homes Association, dated April 2, 1991, in SUPPORT of the application. Said
letter is hereby made a part of the record.
Dr. Andy Cordon, Vetenarian, 5228 East Indian River Road, Phone: 495-6100, the
contract purchaser of the property, registered but did net speak.
Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of SIGNET BANK/VIRGINIA for a
Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF SIGNET BANK/VT@GINTA
FOR A CONDITIONAL ZONING CLASSIFICATTON FROM 0-2 TO
B-1 Z04911309
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA
Ordinance upon application of Signet Bank/Virginia
for a Conditional Zoning Classification frqm 0-2
Office District to B-1 Neighborhood Bu@iness
District at the southeast intersection of @ndian
River Road and Lake James Drive. The proposed
zoning classification change is for commercial land
use. The Comprehensive Plan recommends use o@ this
parcel for commercial development. The parcel is
located at 1200 Lake James Drive and coiitains
37,810 square feet. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of the Circuit Court and is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beath, Virginia, on the
Fourteenth day of May, Nineteen Hundred and Ninety-One.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr. , Robort W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
THIS AGREEMENT, made tliis 15th day of March, 1991, by
and between SIGNET BANK/VIRGINIA, a Vircjinia torporation, and
ANDREW R. GORDON and ANASTASIA S. GORDON, hi4sband and wife,
collectively referred to herein as the Grantor, and the CITY OF
VIRGINIA BEACII, a municipal corporation of the Commonwealth of
Virginia, Grantee.
W I T N E S S E T H
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Vircjinia Beach, Virgin@a, by petition of
the Grantor addressed to the Grantee, so a@ to chancie the
classification of the Grantor's property from 01@2 (Office) to B-
1 (Neighborhood Business) on certain property wh@ch contains 0.868
acre, more or less, in the Kempsville Borough@ of the City of
Virginia Beach, Virginia, more particularly des@ribed in Exhibit
"All attached hereto and referred to herein as tlle Proper@ly; and
WHEREAS, the Grantee's policy is to provide for the
orderly development of land for various purposes@ including office
and commercial purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges t@at competing and
sometimes incompatible uses conflict and that *n order to permit
differing uses on and in the area of the Propert@ and, at the same
time, to recognize the effects of the changes and the need for
various types of uses, including those listcd above, certain
reasonable conditions governing the use of thd Property for the
protection of the community that are not gener4lly applicable to
land similarly zoned B-1 are needed to copelwith the situation to
which the Grantor's rezoning application gi es rise; and
WHEREAS, the Grantor has voluntari@y proffered in writinci
in advance of and prior to the public hea before the Grantee,
as part of the proposed amendment to the ng map, in addition
to the regulations provided for in the B-1 oning district by the
existing Comprehensive Zoning ordinance, thc following reasonable
conditions related to the physical develop@ent and operation -of
the Property to be adopted as a part of sai@ amendment to the new
Zoning Map relative to the Property, wh@ch conditions have a
reasonable relation to the rezoning and @he need for which is
generated by the rezoning; and
WHEREAS, said conditions have @een proffered by the
Grantor and accepted by the Grantee as part @f the amendment to the
Zoning Ordinance, such conditions shall con@ inue in full force and
effect until a subsequent amendment chan es the zoning on the
Property covered by such conditions; provi4ed, however, that such
conditions shall continue despite a subse@uent amendment if the
subsequent amendment is part of the compr@hensive implementation
of a new or substantially revised zoni@g ordinance, unless,
notwithstanding the foregoing, these con@tions are amended or
varied by written instrument recorded in t Clerk's office of the
Circuit Court of the City of Virginia Beach,! Virginia, and executed
by the record owner of the Property at the time of recordation of
such instrument; provided, further, th@t said instrument is
consented to by the Grantee in writing, as 4videnced by a certified
2
copy of the ordinance or resolution adopted by thc governing body
of the Grantee, after a public hearing befote the Grantee
advertised pursuant to the provisions of the Code of Virginia,
Section 15.1-431, which ordinance or resolution sball be recorded
along with said instrument as conclusive evidence bf such consent.
NOW, THEREFORE, the Grantor, for themselves, their
successors, assigns, grantees, and other succes@ors in title or
interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and withol4t any element of
compulsion or c(uid pro cluo for zc)ning, rezon@ng, site plan,
building pertnit or subdivision approval, hereby makes the following
declaration of conditions and restrictions as to the physical
development and operation of the Property and g6verning the use
thereof and hereby tenders the following covenantsi running with the
Property, which conditions, restrictions and covenants shall be
binding upon the Property and upon all parties and persons claiming
under or through the Grantor, their heirs, personal
representatives, assigns, grantees and other successors in interest
or title, namely:
1. The Property may be used for the foillowing principal
uses:
a. Animal hospitals, pounds, sheilters, commercial
kennels, provided that all animals shall be kept in soundproofed,
air-conditioned buildings;
b. Business studios, offices, 4nd clinics;
C. Drugstores, beauty sliops and barbershops;
3
d. Financial institutions;
e. Florists, gift shops and stationary stores;
f. Laundry and dry cleanincl, agencies;
9. Medical and dental offices; and
h. veterinary establishmetits and commercial
kennels, provided that all animals shall be kept in soundproofed,
air-conditioned buildings.
2. Direct access to the Property from Indian River Road
shall be prohibited; access being provided to the Property from
Lake James Drive only.
3. The architectural and site design features currently
existing on the Property will remain in place and any future
expansion of the existing building will match the existing
architectural style and use building materials similar to the
existing building.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, virginia, shall be
vested with all necessary authority on behalt of the governing body
of the City of Virginia Beach, virginia, to administer and enforce
the foregoing conditions, including (a) the ordering in writing of
the remedying of any noncompliance with such conditions, and (b)
the bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate rolief; (2) the failure
to meet all conditions shall constitute cause to deny the issuance
of any required building or occupancy permits, as may be
4
appropriate; (3) if aggrieved by any decisiot of the Zoning
Administrator made pursuant to the provisions of the city Code, the
Comprehensive Zoning ordinance, or this Agreemont, the Grantor
shall petition the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zooing Map shall by
an appropriate symbol on the map show the existehce of conditions
attaching to the zoning of the subject property and that the
ordinance and the conditions may be made readily available zind
accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, and indexed in the name of the Grantor and
Grantee.
WITNESS the following signatures and so-als:
SIG NK/VIRGINIA
AL)
ew IR. Goe, d6n L
t
z -4,Vl@go Z/?@/t@ _(SEAL)
Anastasia S. Gordon
5
- 47 -
Item IIT-J.l.h.
PUBLIC HEARING TTEM # 34441
PLANNING
The following spoke in SUPPORT of the application:
Senator Moody "Sonny" E. Stallings, represented the applicant, and requesled
the Conditional Use Permit be issued for a period of one year.
Kay V. McDaniel, 1209 Kent Lane, the applicant, distributed photographs and a
copy of a letter from Jennings Laboratory re water test$ on Linkhorn Bay. Due
to the septic systems and the pollution from fertilizet and the water fowl,
the water analysis is positive but not due to the Sailot Bernard Dogs. Mrs.
McDaniel advised her home was built in 1969 and four generations of Saint
Bernard Dogs. Mrs. McDaniel is recognized by the Saint Bcrnard Club of America
as a breeder-exhibitor. All of the dogs are products of artificial
insemination.
F. Ferebee Trafton, 1608 Duke of Windsor Road, advised the Kennels were neat
clean and odor free.
Katherine Henry, 1520 Duke of Windsor Road, resident for 29 years.
Bonny A. MacLachlan, 1517 Duke of Windsor Road
The following registered in OPPOSITION:
Rhea L. Walker, Jr. 1501 Duke of Windsor Road, Phone: 481-4914, resident for
thirty-four years. Mr. Walker advised the dogs were iilcreasing year-by-year
and Mrs. McDnaiel had advised at the Planning CommissioA Hearing of having 26
dogs. The applicant has not requested a Conditional Use Permit until the
present time.
Dr. Charles P. Fletcher, 1200 Kent Lane, Phone: 481-0975, registered but had to
leave to attend a Meeting of the Medical College of Hampton Roads.
Upon motion by Councilman Brazier, seconded by Councilman Jones, City Council
DENIED an Ordinance upon application of KAY V. McDANIEL for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF KAY V. McDANIEL FOR A
CONDITIONAL USE PERMTT FOR A RESIDENTTAL KENNEL
Ordinance upon application of Kay V. McDaniel for a
Conditional Use Permit for a residential kennel on
Lot 27, Linkhorn Shores. Said parcel is located at
1209 Kent Lane and contains 21,780 square feet.
LYNNHAVEN BOROUGH.
In response to concerns regarding the relocation of the dcgs, the City Attorney
advised the City Council unless there were objections, he will request the
Court at the hearing on May 30, 1991, to waive the fine and allow the
applicants six (6) months to come into cornpliance with the City Zoning
Ordinance. This action would enable the applicant to fiind suitable homes for
the Saint Bernards.
- 48 -
Item III-J.l.h.
PUBLIC HEARING ITEM # 34441 (Continued)
PLANNING
Voting: 8-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan and Nancy K. Parker
Council Members Voting Nay:
Vice Mayor Robert E. Fentress'@
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
*Verbal Nay
- 49 -
Item III-J.l.i.
PUBLIC HEARING ITEM # 34442
PLANNING
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN the City Zoning Ordinance:
(a) Section 106 re fees for variance applications
for certain fences.
(b) Sections 1501, 1506 and 1507 re regulations in
the RT-1 Resort Tourist District.
Voting: 9-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
DEPAr(FY,ENT
APPROVED AS TO LE
CITY ATTORNEY
AN ORDINANCE TO AMEND AND REORD@IN
2 SECTIONS 1501, 1503, 1506 AND 1507
3 OF THE CITY ZONING ORDINANCE,
4 PERTAINING TO THE RT-1 RESORT
5 TOURIST DISTRICT
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA,
8 That Sections 1501, 1503, 1506 and 1507 of the City
9 Zoning ordinance, pertaining to the RT-1 Resort Tourist District,
10 be, and hereby are, amended and reordained, and shall read as
11 follows:
12 Sec. 1501. Use regulations.
13 (a) Principal Uses and structures:
14 (1) Hotels and notels, which Tnay have in conjunction with
15 them any combination of restaurants, outdoor cafes,
16 retail commercial use and convention facilities,
17 provided that uses in conjunction with hotels and notels
18 may not occupy more than ten (10) petcent of the floor
19 area of all structures (excluding parking) located on
20 the lot, and prgvided that nG pGrti-Qn Qf a rpstaurant,
21 gg.fp, or retail GoIRTAerG!al uso shall be 1
22 within f-ifty (59) feet of thp hpa.r-d.Walk r-icjht-c)f-wa@,,
23 subject to the following:
24 (1) Outdeer PA.feg be diregti@' ;4rRPr-i;4t,-Cl ;Ti-th a
25 bQt,.]- nr- r-pgta.l-@rant and raijpt znppt the
26 fOlIG;iiRg GQnditinng- ne entrange Qr- pwit to an
27 @.itldppr gg.fp bp I-oGated en thp pi-,4p pf the
28 f agincj t-he bGardwa@I@, ri-i.r-14
29 Pntr-R.ngp nr- e)cit pr-Gvides access tg a GGur-tyard @
30 inter-venincj Gpen ar-ea, be full@l,
31 tQ a heicjht of at le,4st- four- (4) feet-
32 ;iitheut an@, 4i-ts EaG!ng the hQar-,,-
33 ;.ta 1- kThe Gnly e)CGept4png t.0 th@g GGndit!Gn APPI@'
34 --tegi @y FpeGi:al r-egula-
35 hi-se agyr-eements appr-Gve@
36 by G!tY GOU
37 (i) The structure enclosincr the iases permitted in
38 conjunction with hotels and motols shall be fully
39 enclosed at all times bv solid cxterior walls and
40 roof with no exterior oioening, other than passaqe=
41 way doors as may be rec[uired by the virqinia
42 Uniform Statewide Building codei
43 (ii) BiGYG4.e r-ent-I a-re per-in,-@ecl in
44 GenjunG:tiGn ;xith ;4 bntgl c)r- Taotel pr-ovidpri that net-
45 iPQ4=p than ferty (40) biGyGles per zon!
46 be perinittpd A bar-r-ipv saall be
47 GGnsisting Qf g Panvas R@r-s-,-n cjrGmiRets 4.aGed
48 14-ne seGur----- ---- --ust-r-eS4Stant p4pe
49 ;in-d angher-ecl
50 pr-eper-ly seGur-eGI in cjr-oi,nd ------ --- 411
51 thir-t-y-six (gra) !nghes il4
,-- ---d Gaiaable gf
52 delineatincj -the 14M,'@- Gf the pro e-l@,
p I
53 C)f the use per-M4,. -',all- have ai4
54 aGGess openi-.- net than fivie (5)
55 Pi-tb.pr- Pi-dp of the enGIorijr-,- npt f;4.c-i-ncf the GGeai4.
t;-- ;n
56 Only ene (i) gpnnegtli-nn.
57 ;.Xi-t.h tlh,- Pgtabl4shment may be --IIE)wed; pr-evided,
58 however-, that the sur-fage shall -et e)cgeed foiar- (4)
59 squar-e feet, and fur-ther- be a pe#manent part ef the
60 per-tion Of Ganvas SGr-een
61 thp h,-ar-h
62 Such enclosed structure shall be- located entirely
63 within the same structure encloping the principal
64 use; and
65 (iii) No entrance or exit to a use PeMitted in conlunc-
66 tion with hotels and Tnotels shall be located on the
2
67 side of the structure facing the@boardwalk, unless
68 such entran Drovides
69 courtvard or intervening ea in which case
70 such onen area shall be fully fonced or walled to
71 a height of at least four (4) feot and without any
72 entrances or exits facing the boardwalk. The only
73 exceptions to this condition alpidlv o boardwalk
74 cafes as idermitted bV special lations esta-
75 blished in franchise agreements approv cit
76 Council.
77 (iv) Parking structures shall bp- perinitted in
78 conjunction with hotels and motels provided that
79 ground level parking fronting Atlantic Avenue, the
80 boardwalk, or any public park or open space is
81 prohibited except for necessarv access drives and
82 ramps.
83 (2) Public buildings and grounds;
84 (3) Public utilities installations and substations includ-
85 ing offices; provided storage or maintenance facilities
86 shall not be permitted; and provided, further, that
87 utilities substations, other than individual trans-
88 formers, shall be surrounded by a wall, solid except for
89 entrances and exits, or by a fence with a screening
90 hedge five (5) to six (6) feet in height; and provided
91 also, transformer vaults for underground utilities and
92 the like shall require only a landscaped screening
93 hedge, solid except for access opening.
94 (4) Bicycle rental establishments in conlunction with hotels
95 and motels, subject to the following:
96 (i) Such establishments shall be @o less than two
97 hundred (200) feet in area and 5hall have minimum
98 dirnensions of ten (10) feet bV twentv (20) feet;
99 The area upon which bicvcles are disdlaved shall be
100 paved and the perimeter thereof delineated bV 811 x
101 811 timber curbing, except at tho point of ingress
3
102 d e res-
103 (iii) No more than icvcles shall be stored
104 or displayed in the rental area at any one time,
105 repairs shall not be conducted in the rental area,
106 and no rental activitv shall be conducted on nublic
107 propertv;
108 (iv) No more than one (1) sign identifying any such
109 establishment shall be permitted, and no such s @n
110 shall exceed four (4) scr
ill surface area, be illuminated, or encroach into any
112 portion of the public right-of-way; and
113 (v) Points of ingress and egress of anv such
114 establishment located adjacent to public property
115 shall be directly connected to the boardwalk
116 bicycle lpath bV ineans of an existing sidewalk,
117 street or connector park.
118 (b) Conditional uses and structures: Uses and structures
119 hereinafter specified, subject to compliance with the provisions
120 of part C of article 2 hereof:
121 (1) Commercial parking lots and parking garages.
122 (2) Heliports and helistops.
12 3 (3) Restaurants, outdonr r-afpg a.nld. r-pt.a-il C-AMIR,
124 ---- 'Inr-t,i-c4n h,pt-pl-r ani inc4tels, where all Gr- par-t GE
125 t-hp i.r I-E)Gated W@-thin fifty (59) feet Gf th@"
126 r-i-
127 Section 1503. sign regulations.
128 (a) Within the RT-1 Resort Tourist District, sign regula-
129 tions pertaining to hotels and motels shall be as follows:
130 (1) For each twenty (20) feet of frontage and for each forty
131 (40) feet of lot line adjoining a street, but not
132 constituting frontage, not more than one (1) sign and
133 not more than forty (40) square feet of surface area of
134 signage shall be permitted; provided, however, that no
135 establishment shall have more than four (4) signs of
4
136 which one (1) inay be a freestanding sign; and provided
137 further, that no establishment having a frontage of less
138 than one hundred (100) feet shall have a freestanding
139 sign. No establishoent having a frontage of at least
140 one hundred (100) feet but less than or equal to two
141 hundred (200) feet shall have a freestanding sign
142 exceeding thirty-two (32) square feet of surface area
143 per face, and no establishment having a frontage of Tnore
144 than two hundred (200) feet shall have a freestanding
145 sign exceeding seventy-five (75) square feet of surface
146 area per face. No freestanding sign shall exceed two
147 (2) faces, and no sign of any other type shall exceed
148 one hundred fifty (150) square feet of surface area.
149 Any establishment or property having less frontage or
150 lot line adjoining a street than required above rnay have
151 one sign not exceeding thirty (30) square feet of
152 surface area.
153 (b) Within the RT-1 Resort Tourist District, sign regula-
154 tions pertaining to multiple-family dwellings, parks, playgrounds,
155 community centers, botanical and zoological gardens and other
156 public buildings and uses shall be as specified in the district
157 where the use is first permitted as a principal use.
158 (c) Identification signs for boardwalk cafes and Pobile
159 @xancinr-g permitted as part of a city council approved franchise
160 agreement shall not be counted against the sign allowance
161 specified elsewhere in this section.
162 (d) Identification signs for bicycle rental establishments,
163 as permitted in Section 1504. (a) (1) (ii+ 1501 (a) (4) , shall not be
164 counted against the sign allowance specified elsewhere in this
165 section.
166 (e) Sign regulations pertaining to all other uses and
167 structures shall be as apply as specified in the RT-2 Resort
168 Tourist District.
169 Section 1506. Maximum density ratings.
5
170 The maximum density of hotel and motel development shall be
171 one hundred sixty (160) !GdGjii;cj units per acre for the entire
172 zoning lot, of which no more than ten (10) percent shall be
173 dwelling unit_s even if partially occupied by other principal uses
174 or conditional uses.
175 Section 1507. Desired design features and incehtives.
176 (a) For those uses which incorporate all of the following
177 desired design features:
178 (1) Minimum lot size of twenty thousand (20,000) square
179 feet.
180 (2) Setback from east-west streets of at least ten (10) feet
181 with the area landscaped in accordance with the
182 landscaping, screening and buffering specifications and
183 standards.
184 Notwithstanding any provision to the contrary above, the maximum
185 density of hotel and motel use shall be one hundred sixty (160)
186 ledgincj units per acre, of which no more than ten (10) percent
187 shall be dwelling units, and uses in conjunction with hotels and
188 motels may occupy up to but not more than twenty (20) percent of
189 the floor area of all structures (excluding parking) located on
190 the lot.
191 (b) For those uses which incorporate all of the following
192 desired design features:
193 (1) Minimum lot size of forty thousand (40,000) square feet.
194 (2) Setback from east-west streets of at least fifteen (15)
195 feet with the area landscaped in accordance with the
196 landscaping, screening and buffering specifications and
197 standards.
198 Notwithstanding any provision to the contrary above, the maximum
199 density of hotel and motel use shall be one hundred seventy-five
2 00 (175) ledcjincj units per acre, of which no more than ten (10)
201 percent shall be dwelling units, and uses in conjunction with
202 hotels and motels may occupy up to but not moro than twenty-five
2 03 (25) percent of the floor area of all structures located on the
6
2 04 lot.
205 (c) For those uses which incorporate all of the following
206 desired design features:
207 (1) Minimum lot size of eighty thousand (80,000) square feet
208 or the accumulation of multiple parcels under common
209 ownership totalling at least eighty thousand (80,000)
210 square feet of land, such that the parcels are separated
211 solely by a public street, of no more than one hundred
212 (100) feet in width and by a distance not exceeding the
213 width of the public street.
214 (2) At least twenty (20) percent of the floor area of the
2 15 hotel shall be used for convention and/or related
216 facilities.
217 (3) The entire lot or accumulated parcels are developed in
218 a functionally integrated fashion.
219 Upon complying with the foregoing conditions, the following shall
220 apply, notwithstanding any other provision to the contrary:
2 2 1 (1) The maximum density for hotel and motel use shall be one
222 hundred ninety (190) lodging units per acre, of which no
223 inore than ten (10) percent shall be dwelling units, for
224 the entire accumulation of parcels.
225 (2) Uses in conjunction with a hotel may occupy up to fifty
226 (50) percent of the floor area of the structures.
227 (3) Required parking shall be at least one (1) space per
2 28 lodging or dwelling unit or one (1) space per two
229 hundred (200) square feet of floor area used for uses in
230 conjunction with the hotel, whichever is greater.
2 3 1 Adopted by the Council of the City of Virginia Beach,
23 2 Virginia, on the 14 day of May 1991.
233 CA-90-3629
234 \ordin\proposed\45-150let.pro
235 R-1
7
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 106 OF THE CITY ZONING
3 ORDINANCE, PERTAINING TO ZONING
4 APPEALS AND VARIANCES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 106 of the City Zoning Ordinance,
8 pertaining to zoning appeals and variances, be, and hereby is,
9 amended and reordained, and shall read as follows:
10 Section 106. Appeals and variances.
11 (a) The board of zoning appeals shall hear and decide
12 appeals from any order, requirement, decision, or determination
13 made by an administrative officer in the administration or
14 enforcement of this ordinance. In addition thereto, the board
15 shall have such other powers and duties as are set forth in
16 section 15.1-495 of the Code of Virginia; provided, however, that
17 the board shall have no authority to hear and decide applications
18 for conditional use permits.
19 (b) The membership, organization and procedures of the
20 board of zoning appeals shall be as set forth in sections 15.1-
21 494 through 15.1-497 of the Code of Virginia, as amended. In the
22 event the board denies an application for a variance,
23 substantially the same application shall not be considered by the
24 board for a period of one (1) year from the date of denial.
25 (c) Every application to the board of zoning appeals
26 shall be accompanied by a fee of one hundred five dollars
27 ($105.00), which shall be applied to the costs of advertising and
28 expenses incidental to the processing of the application. Each
29 zoning lot uipon which a variance is recruested shall be the sublect
30 of a separate application and a separate fee; provided, however_
31 that variances from the setback and landscaping t)rovisions of
32 Section 201(e)(1). pertainina to feni . mav be the
33 subiect of a single application and fee where the following
34 conditions are met:
35 (1) The lots upon which the variance is requested are
36 contiguous lots within a single subdivision block,
37 as shown on the recorded r)lat of the subdivision in
38 which the lots are locate@d'
39 (2) The fence or fences which are the subject of the
40 variance are located wholly upon Property owned by
41 a bona fide homeowners' association created by
42 legal instrument recorded in the Office of the
43 Clerk of the Circuit Court, or upon which there is
44 a recorded Perpetual easement allowing such
45 homeowners' association, or the members thereof, to
46 construct and maintain a fence upon such Property;
47 (3) Such fence or fences are owned by the homeowners'
48 association; and
49 (4) The individual signing the apiplication certifies to
50 the zoning administrator, in writing, that he or
51 she is vested with the authority to act on behalf
52 of the homeowners' association in the matter and
53 that such association has authorized. in the manner
54 prescribed by its by-laws or other instrument, the
55 filing of the application.
56 (d) In regard to Article 12 and the National Flood
57 Insurance Program, variances should only be issued for new
58 construction and substantial improvements to be erected on a lot
59 of one-half (1/2) acre or less in size contiguous to and
60 surrounded by lots with existing structures constructed below the
61 base flood level, in conformance with the procedures below:
62 (1) Variances shall only be issued upon a showing of
63 good and sufficient cause, a determination that failure to grant
64 the variance would result in exceptional hardship to the
65 applicant, and a determination that the granting of a variance
2
66 will not result in increased flood heights, additional threats to
67 public safety, extraordinary public expense, create nuisances,
68 cause fraud on or victimization of the public, or conflict with
69 existing local laws or ordinances.
70 (2) Variances shall only be issued upon a determination
71 that the variance is the minimum necessary, considering the flood
72 hazard, to afford relief.
73 (3) The City of Virginia Beach shall notify the
74 applicant in writing over the signature of a city official that
75 the issuance of a variance to construct a structure below the base
76 flood level will result in increased premium rates for flood
77 insurance up to amounts as high as twenty-five dollars ($25.00)
78 per one hundred dollars ($100.00) of insurance coverage, and such
79 construction below the base flood level increases risks to life
80 and property. Such notification shall be maintained with a record
81 of all variances actions as required in paragraph (4) below.
82 (4) The City of Virginia Beach shall maintain a record
83 of all variance actions, including justification for their
84 issuance, and report such variances issued in its annual report
85 submitted to the administrator.
86 Adopted by the City Council of the City of Virginia
87 Beach on the 14th day of May 1991.
88 CA-91-4081
89 \ordin\proposed\45-106.ord
90 R-1
3
- 50 -
Item III-K.l.
APPOINTMENTS ITEM # 34443
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
MEDICAL COLLEGE OF HAMPTON ROADS
Andrew S. Fine
Three year term: 6/1/91 - 5/31/94
Voting: 8-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
- 51 -
Item III-K.2.
ADD-ON ITEM # 34444
Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City
Council AGREED TO HEAR AND ADD TO THE AGENDA:
Resolution Establishing a Committee To Study the
Establishment and Financing of Golf Courses for
Public Use.
(Expanding the membership from nine (9) to eleven
members).
Voting: 8-0
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. McCianan and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
- 52 -
Item III-K.3.
ADD-ON ITEM # 34445
Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City
Council ADOPTED, AS AMENDED:
Resolution Establishing a Committee To Study the
Establishment and Financing of Golf Courses for
Public Use.
(*Expanding the membership from nine (9) to eleven
members).
Voting: 8-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
I A RESOLUTION ESTABLISHING A
2 COMMITTEE TO STUDY THE ESTABLISHMENT
3 AND FINANCING OF GOLF COURSES FOR
4 PUBLIC USE
5
6 WHEREAS, the game of golf is enjoyed by millions of
7 persons throughout the United States and the entire world; and
8 WHEREAS, golf is also one of the most popular forms of
9 recreation among the residents of the City of Virginia Beach; and
10 WHEREAS, golf courses promote a unique combination of
11 recreational, aesthetic and scenic values; and
12 WHEREAS, golf courses constitute one of the City's most
13 important visitor attractions; and
14 WHEREAS, there is a shortage of public-use golf courses
15 within the City, such that the City's citizens and visitors alike
16 would benefit from a greater number of public-use golf courses;
17 and
18 WHEREAS, there is a need to study appropriate means of
19 establishing and financing golf courses for public use;
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA;
22 That there is hereby established the Public-Use Golf
23 Course Committee of the City of Virginia Beach, which shall study
24 means of establishing and financing golf courses in the City of
25 Virginia Beach for use by the public. The Committee shall:
26 (1) Consist of @ eleven 11 members, each of
27 whom shall be a resident of the City;
28 (2) Receive no funding, nor shall the members receive
29 any remuneration for their services;
30 (3) Receive such staff support and assistance as may be
31 determined by the City Manager;
32 (4) Be subject to all applicable City ordinances and
33 State laws, including, but not limited to, the Freedom of
34 Information Act and the State and Local Government Conflict of
35 Interests Act; and
36 (5) Present its report to the City Council by no later
37 than December 31, 1991.
38 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CTTY OF
39 VIRGINIA BEACH, VIRGINIA:
40 That the committee shall stand dissolved, without
41 further action by the City council, as of December 31, 1991.
42
43 Adopted by the City Council of the City of Virginia
44 Beach on the 14 day of May 1991.
45
46
47
48 CA-4256
49 R-1
50 Noncode\Golf.res
2
- 53 -
Item III-K.4.
APPOINTMENTS ITEM # 34446
Upon NOMINATION by Councilman Lanteigne, City Council APPOINTED:
PUBLIC-USE GOLF COURSE TTEE
M. R. Adams Harry R. Smithson
Richard S. Browner Harold C. Spicher
Warnie E. Conley Deborah K. Stearns
Sheppard H. C. Davis Leo C. Wardrup, Jr.
Priscilla F. Parcells W. Nick Wright
G. Garland Payne
Voting: 8-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
- 54 -
Item III-L-1-
UNFINISHED BUSINESS ITEM # 34447
OLD DONATION FARM PARTNERSHIP
Robert J. Scott, Director of Planning, presented information relative a
Clarification of Condition No. 5 concerning 011 DONATION FARM PARTNERSHIP
Subdivision Variances and Conditional Use Permits (APPROVED June 1, 1987).
Condition No. 5:
Pembroke Boulevard shall be extended but not used
until and unless the private road is declared
structurally sound by the City Engineer. Cost of
repair to be born by the developer. In addition, an
adequate foot bridge shall be added to the private
road for the safety and convenience of pedestrians
and bicyclists.
There was considerable discussion at that time of approval relative the
existing causeway built cross the lake totally within the City right-of-way
known as Pembroke Boulevard. The causeway is approximately 10 or 15 feet wide
along the top line. This discussion was oriented toward the idea of utilizing
the causeway as vehicular access into this development. This causeway is not
suited for this purpose. It is currently being used rather frequently as a
bikeway and pedestrian walkway, which it is quite well suited. This private
road has not been declared structurally sound by the City Engineer for
vehicular traffic and probably never will be. As long as the developer does not
intend to utilize this road for vehicular access, there is no need to improve
the causeway at the present time.
Vice Mayor Fentress expressed concern relative the Ferry Farm House, which has
been given back to the developer by the Arts Center of Virginia Beach relative
its maintenance.
Mr. Scott advised substantial improvements to the Ferry Farm House have been
made by the Developer and the Developer deeded the Farm House to the Arts
Center of Virginia Beach. Although, subsequently this property was returned to
the developer. The developer has made a reasonable effort to comply with the
conditions. The City Staff will work with the developer to determine the best
interest of the community and the Ferry Farm House.
Assistant City Attorney Gary Fentress advised the Real Estate Assessor's
Records indicate the property is still in the name of the Virginia Beach Arts
Center.
- 55 -
Item II1-M-1-
NEW BUSINESS ITEM # 34448
Giles Dodd, Assistant City Manager for Administration, presented the INTERIM
FINANCIAL STA S (july 1, 1990 - March 31, 1991).
The majority of the major categories in the General Fund reflect the revenues
contin'uing to decline slightly. The Revenues in the General Fund were down
000 through March 31, 1991. Expe ditures and Encumbrances
approximately $14,257, n
are below the Budget by approximately $9,851,000. However, there is substantial
Interfund Transfers for debt service, schools and capital pro'jects. Thus,
adding this approximately $10-MILLION to the $9,851,000, Expenditures would be
below the Budget by approximately $20-MILLION.
The Revenues in the School Operating Fund are somewhat above estimates.
However, the Expenditures are below the estimate.
Mr. Dodd advised $910,000 of Mini-bonds had been sold within two days.
- 56 -
Item III-M.2.
NEw BUSINESS ITEM # 34445
Councilwoman Parker distributed the letter of May Tenth from Robert Loher -
Director of the Department of Permits and Inspections. This correspondence
contains a list of billboards (some signboards) receiving the required annual
permit for 1991, identifying locations and whether located on improved or
unimproved property. Said correspondence is hereby made a part of the record.
Councilwoman Parker advised perhaps the suggestion of H. "Pat" Bridges might be
considered relative not taxing billboards but establish a user fee. This would
provide additional revenue. If these billboards are to remain, at least
additional revenue should be derived.
57 -
Item
ADJOURNM M ITFM # 34446
Upon motion by Councilman Heischober, ,d BY CONSENSUS, CitY Council ADJOURNED
the Meeting at 7:46 P,M,
B rl @liok. Vice Mayor
Chief De pty Cty Clerk
h Hdge Smth, CMC
City Clerk
City of Virginia Beach
Virginia