JULY 2, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYE@ E. OBERN@RF, Al
VICE MAYOR ROBERT E FENT@SS, Vi,i@i@ B,-h @lh
JOHN A @UM, Bi.,k..', @ ..h
]"ES W BRAZIER, JR, L,@,h@-@ @,h
R08ERT W CLYBUM, K,.,-iii,
HAROU) ITEI@:HOBER Al-L.,,
LOUIS R JONES, B,@id, @,,h
PAUL j @7 EIGNE, N@,@ &,-Ih
REBA S MX@N@ @i-@ A@@, @@@,h
N@(:Y K PARKER Al L@,,
WILLIAM D. SK@OMS, JR, Al @,11
281 CITY HALL BUIIJ)ING
CITY COUNCIL AGENDA MUNI(I)PAL CEN I'ER
AUBREY WATTS, JR (,i, M,,@,- VIR(;INIABFA(.11 ViRC;INIA23456-9(@5
USI@IE L LIU-EY, Ci, A@@@@, (804) 427.4@103
RU7 IT HODGES SMITH CMCIAAE, C,, Clk
JULY 2, 1991
ITEM 1. INFORMAL SESSION - Council Chamber - 12: NOON
A. CALL TO ORDER Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend James L. Mahaffey
Salem United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS June 25, 1991
G. t4AYORIS PRESENTATION
1. FORD MOTOR FUND
a. Virginia Marine Science Museum
b. Francis Land House
H. COUNCIL COMMITTEE REPORT
1. PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE
Stephen S. Mansfield, Ph.D., Coordinator
1. PUBLIC HEARING
1. ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
J. ORDINANCES/RESOLUTION
1. Ordinance to AMEND and REORDAIN Chapter 10, Sections 10.1 and 10.2
of the Code of the City of Virginia Beach, Virginia, establishing
election districts and voting places within the City.
2. Ordinances re Princess Anne Road and Sandbridge Road Intersection
Improvements (CIP 2-816) (Deterred May 14/June 4, 1991):
a. Authorize the City Manager to TRANSFER $173,000 from Flanagan's
Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to
fund traf f I csafety Improvements at Princess Anne and
Sandbridge Roads.
b. Authorize acquisition of property in fee simple for right-of-
way for Princess Anne and Sandbridge Roads Intersection
improvements (CIP 2-816); and acquisition of temporary and
permanent easements of right-ot-way, either by agreement or
condemnatlon.
3. Resolution accepting the Virginia Beach Central Business District
Master Plan concept for development of the Pembroke Area; and,
referring the Plan to the Planning Commission for its
recommendations as to implementation.
K. PUBLIC HEARING
1. PLANNING
a. Application of BETTY B. NOSAY for a Conditional Use Permit for
a In the AG-2 Agricultural istrict on
th ass Anne Road, 2455 feet South of
South Stowe Road (931 Princess Anne Road), containing
1.527 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
b. Application of TANK LINES INC., d/b/a PAPCO OIL CO. for a
Conditional Use Permit for a
expansion ot a gwsoii-ne service s
0 Euclid Road (4920 Southern
Boulevard), containing 1.646 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of BAYMARK CONSTRUCT I ON CORPORATION for a
Cond !one mit for a borrow pit on the Northeast side
it I Use Per less
of Hol and Road beginning at point 540 feet more or
Northwest of Christopher Farms Drive, containing 53.2 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Petition of THE RUNNYMEDE CORPORATION for the discontinuance,
clc onment of a portion of Cleveland treat
beg feet more or less W of Clearfield
Avenue and runnir In a Westerly direction a distance of
620 feet more c less, containing 35,882 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
a. Application of D. M. MALBON to authorize expansion of a
nonconforming use for a bulk storage yard on the South side of
18th Street, 125-10 feet West of Arctic Avenue on portions of
Lots 6, 8 and 10, Block 29, containing 14,373.80 square feet
(VIRGINIA BEACH BOROUGH)
Staff Recommendation: DENIAL
f. Applications of WILLIAM DRINKWATER re Lot 2 and 112 of Lot 4,
Block 55, Virginia Beach Development Co. (500 23rd Street),
containing 7150 square feet (VIRGINIA BEACH BOROUGH):
Chan strict Classification from R-5D Residential
Du strict;
AND,
Conditional Use Permit for a law office.
Recommendation: DENIAL
g. Application of R. G. MOORE BUILDING CORPORATION for a
modification to the Ocean Lakes Master Plan to allow an
ast side of
Neck Road,
Recommendation: DENIAL
L. CONSENT AGENDA
All matters listed under the Consent Agenda are considered In the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Request by the School Administration to modify Ferrell Parkway
Phase V Project re provision of an additional entrance and median
break to Kellam High School.
2. Ordinance to AMEND and REORDAIN Section 23-60 of the Code of the
City of Virginia Beach, Virginia, re vending machines on private
property.
3. Ordinances, upon SECOND READING, to APPROPRIATE re FY 1991-1992
School Budget Funds:
a. Cafeteria Enterprise $13,531,790
b. Grants $10,502,760
c. Textbook $ 2,490,900
d. Athletic $ 302,680
4. Ordinance, upon FIRST READING, to provide $500,000 to the Marine
Science Museum Expansion (CIP 3-002) re continuation of bu I I ding
and exhibits design by borrowing $450,000 from Resort Streetscape
improvements (CIP 2-049); and, APPROPRIATE $50,000 from Marine
Science Museum Enterprise Fund Retained Earnings.
5. Ordinance, upon FIRST READING, to APPROPRIATE $137,694 to the
Sheriff's Operating Budget re supplementing increased cost of
camera equipment and to cover overtime and uniforms expenses; and,
Increase estimated revenues from the Federal Government by
$137,694.
6. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $5,757
Grant from the U. S. Department of Education to the FY 1991-1992
Operating Budget of the Library Department re purchase of computer
software for the Adult Learning Center; and, increase estimated
revenues from the Federal Government by $5,757.
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution supporting the Hampton Roads Philippine - American
community disaster relief effort for 14t. Pinatubo victims.
Sponsored by: Councilman James W. Brazier, Jr.
Councilman Harold Heischober
0. ADJOURNMENT
CITY COUNCIL RECESS
July 10 - 31, 1991
6/27/91 gs
M I N U I E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 2, 1991
Vice Mayor Robert E. Fentress called to order the INFORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on
Tuesday, July 2, 1991, at 12:00 NOON.
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 and
Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf (ENTERED 12:15 P.M.)
(Attending BEACH FORD TO
DRAW MILITARY WINNER OF
CAR/STAR SPANGLED SALUTE)
Reba S. McClanan (ENTERED: 12:10 P.M.)
William D. Sessoms, Jr. (ENTERED: 12:10 P.M.)
- 2 -
ITEM # 34602
Vice Mayor Robert E. Fentress entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
i. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates ior employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining , or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Personnel Matters.
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of Property - Bayside Borough
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 8-0
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 and
Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent
Reba S. McClanan, Mayor Meyers E. Oberndorf and
William D. Sessoms, Jr.
- 3 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 2, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on Tuesday, July
2, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend James L. Mahaffey
Salem United Methodist Church
PLEDGE OF
4
item II-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34603
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentressp City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Itt
lotnt4l,
ilin -
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34602,
Page No. 2 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
Hodges @ith, CMC/AAE
City Clerk July 2, 1991
5
Item 11-F.I.
MINUTES ITEM # 34604
Upon motion by Counci iman Sessomsp seconded by Counci Iman Clyburn, City
Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 25,
1991.
Voting-. 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
6
item 11-F-2
ANNOUNCEMENT ITEM # 34605
Mayor Oberndorf recognized the fol lowing 13oy Scout in attendance during the
City Council Session:
TROOP # 944
Matthew Engelking
Sponsor: Mormon Church
Princess Anne Road
Matthew was earning credits for his merit badge.
7
item 11-G.l.a/b.
MAYORIS PRESENTATION
FORD MOTOR FUND ITEM # 34606
Mayor Oberndorf presented to the City Manager, Aubrey V. Watts,.checks from the
Ford Motor Company Fund to worthy entities.
$1,000 - Francis Land House
$2,000 - Virginia Marine Science Museum
Two other checks had been awarded in the amount of $500 each to the Virginia
Beach Arts Center and the Virginia Beach Pops.
item II-G.2.
ADD-ON
CITY MANAGER'S RETIREMENT ITEM 34607
Aubrey V. Watts, Jr., the City Manager announced his retirement effective
October 1, 1991.
Since July 1963, the City Manager has had the opportunity and pleasure of
participating in the maturation and growth of the City. The General Assembly
has provided a window for early retirement and that is the reason for the
timing of this action.
The City Manager advised the greatest asset available to City Council is the
well-motivated, ethical and professional staff of this City. Mr. Watts extended
his appreciation to the City Council for the opportunity to serve as the City
Manager.
The City Manager distributed a copy of his letter, which is hereby made a part
of the record.
Having worked with other City Managers in the City, Mayor Oberndorf was
convinced none have displayed a greater integrity, decency, intellect and
devotion than Aubrey Watts.
9
Item II-H.l.
COUNCIL COMMITTEE REPORT ITEM # 34608
PRINCESS ANNE COUNTY
TRICENTENNIAL COMMITTEE
Dr. Stephen S. Mansfield, Coordinator - PRINCESS ANNE COUNTY TRICENTENNIAL
COMMITTEE, advised this week marks the mid-way point in the 1991 year-long
observance of the TRICENTENNIAL of Princess Anne County.
Dr. Mansfield extended appreciation on behalf of the PRINCESS ANNE COUNTY
TRICENTENNIAL COMUTTEE to the Mayor and Members of City Council for their
encouragement and support.
There will be a tour of historic sites, three additional programs and a lecture
series designed both to celebrate the history of the community and suggest the
past provides a context for modern day decision making. During a week in
September, all of the Schools in some fashion will be recognizing the
TRICENTENNIAL.
Dr. Mansfield presented a set of maps to the City of Virginia Beach, which have
been prepared by Robert Clark and printed through the courtesy of the Christian
Broadcasting Network. These maps identify historic sites in the County
superimposed upon modern maps. One displays sites which would have been present
in 1691, another in 1791 and a third focuses on 1891.
- 10 -
Item 11-1.1.
PUBLIC HEARING ITEM # 34609
Mayor Oberndorf DECLARED a PUBLIC HEARING:
ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
Item II-J.1.
ORDINANCES/RESOLUTION ITEM # 34610
Dr. Marlene Hagar, General Registrar, advised the national census of 1990
State-wide redistricting along with the City's general population growth
prompted certain changes to the City's Precinct's Boundary Lines. On May 31,
1991, the Electoral Board of the City of Virginia Beach voted unanimously to
create the following: four new precincts, twenty-seven boundary line-only
changes, four boundary line and polling location changes, one boundary line
with a name change and one polling location change only. These recommendations
are brought to the City Council for APPROVAL and will be forwarded to the
Department of Justice in Washington in accordance with the Voting Rights Act.
The majority of changes are due to redistricting or the need to be consistent
with the Census Bureau block and map changes.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 10,
Sections 10.1 and 10.2 of the Code of the City of
Virginia Beach, Virginia, establishing election
districts and voting places within the City.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 10-1 AND 10-2 OF THE CODE
OF THE CITY OF VIRGINIA BEACH
PERTAINING TO ELECTION DISTRICTS AND
VOTING PLACES WITHIN THE CITY OF
VIRGINIA BEACH
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH VIRGINIA:
That Sections 10-1 and 10-2 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained to
read as follows:
Section 10-1. Establishment of election districts and voting
places.
There are hereby established in the City of Virginia
Beach the following election districts and their respective voting
places, as set forth below:
ELECTION DISTRICT VOTING PLACES
Alanton Alanton Elementary School
Aragona Adult Learning Center
Arrowhead Arrowhead Elementary School
Bayside Bayside Elementary School
Bellamy Indian Lakes Elementary School
Blackwater Blackwater Fire Station
Bonney Center for Effective Learning
Brandon Brandon Junior High School
Cape Henry Research and Enlightenment
Building (Edgar Cayce Librarv)
Capps Shop P. A. Mosquito Control Building
Centerville Lake Christe@ Centerville Elementary School
Chesapeake Beach Bayside Baptist church
College Park College Park Elementary School
Courthouse Courthouse Fire Station
Creeds Creeds Fire Station
Davis Corner Bettie F. Williams Elementary
School
Fairfield Fairfield Elementary School
,4- St. Nicholas Catholic Church
For_esr-
Glenwood Glenwood Elemen chOOl
Great Neck John -
Francis Asbury Un t
Church
Green Run Green Run Elementary School
Holland Holland Elementary School
Homestead Providence Presbyterian Church
Kempsville Point of View Elementary school
Kings Grant Kings Grant Elementary School
Kingston Kingston Elementary School
Lake Smith Shelton Park School
Larkspur St. Andrews United Methodist
Church
Linkhorn The Evangelical Lutheran Church
of the Good shepherd
Little Neck St. Aidan's Episcopal Church
London Bridge London Bridge Baptist Church
Lynnhaven Lynnhaven Colony United Church of
Christ
Magic Hollow Roma Lodge No. 254
Malibu Malibu Elementary School
Meadows Pembroke Meadows Elementary School
Mt. Trashmore Windsor Woods Elementary School
Oceana Scott Memorial United Methodist
Church
Ocean Park Bayside Christian Church
Old Donation old Donation Center for Gifted
Pembroke Pembroke Meadows Elementary School
Plaza Lynnhaven Elementary School
Providence Kempsville Recreation Center
Red Wing Fire Training Center
Salem Wnr-c3. of life 0-hr-irtian Center
Salem Bapti t Church
2
Seatack seatack Elementary School
Shannon yempsviiie Elementary -20-honl-
Chur--h of the Ascension
She Park St. Matthews Catholic Church
Sigma Sandbridge Fire Station
Stratford Chase Providence Elementary School
Thalia Thalia Elementary School
Thoroughgood Independence Junior High School
Timberlake White Oaks Elementary School
Trantwood Virginia Beach Christian Church
Virginia Beach - A Galilee Episcopal Church
Virginia Beach - B Virginia Beach Junior High School
Virginia Beach - C Cooke Elementary School
Windsor Oaks Windsor Oaks Elementary School
Witchduck Bayside Presbyterian Church
Wolfsnare Eastern Shore Chapel
Woodstock wnod.gtogl; Eleragntar-Y -2@hnol-
Avalon Church of Christ
Central Absentee Voter Agriculture/Voter Registrar
Election District
Building
Section 10-2. Map of Election districts.
(a) The geographical boundaries of the election districts
set forth in section 10-1 are hereby established as delineated on
a certain map, revised Qgg 1990, prepared by the planning staff
of the city and captioned "Election Districts," which map is
hereby approved.
(b) The clerk of the council shall endorse on the map
referred to in subsection (a) above the date of the councils
approval thereof and file the original map, with the minutes of
the meeting at which such map was approved, in the records of his
office, and shall cause exact copies thereof to be filed with the
general registrar of the city, the clerk of the circuit court and
the planning department.
This ordinance shall not be effective until approved by the
United States Attorney General under the Voting Rights Act of
1965.
3
Adopted by the Council of the City of Virginia Beach,
Virginia, on this day of ulY 1991.
CA-4299
ORDIN\PROPOSED\10-001.pro
APF,,.@,o%IEID AS TO COiNT@,-
tiu ATTO.RNEY
4
- 12 -
Item II-J.2.
ORDINANCES/RESOLUTION ITEM # 34611
The Honorable Moody E. "Sonny" Stallings, represented the applicant and
presented a statement from Lakeside Construction Corporation outlining two
points of disagreement.
Arthur Shaw, City Engineer, advised the City will attempt to locate the traffic
control box with the wiring on Mr. Hill's side of the property rather than Mr.
Reasor's. Therefore, when the intersection is ultimately realigned, this will
not be in the way.
Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City
Council ADOPTED:
Ordinances re Princess Anne Road and Sandbridge
Road Intersection Improvements (CIP 2-816):
Authorize the City Manager to TRANSFER
$173,000 from Flanagan's Lane (CIP 2-134) to
Traffic Safety Improvements (CIP 2-816) to
fund traffic safety improvements at Princess
Anne and Sandbridge Roads.
Authorize acquisition of property in fee
simple for right-of-way for Princess Anne and
Sandbridge Roads intersection improvements
(CIP 2-816); and acquisition of temporary and
permanent easements of right-of-way, either by
agreement or condemnation.
As part of the APPROVAL, the Map shall be corrected and inserted in the
Minutes. The Statement of Lakeside Construction Corporation, dated July 2,
1991, shall be included.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 ORDINANCE
2 WHEREAS, in the opinion of the Council of the City of Virginia
3 Beach, Virginia, a public necessity exists requiring the
4 installation and construction of traffic safety improvements at the
5 intersection of Princess Anne and Sandbridge Roads in order to
6 provide for the preservation of the safety, health, peace, good
7 order, comfort, convenience, and for the welfare of the people in
8 the City of Virginia Beach; and
9 WHEREAS, on December 6, 1990, the Council of the City of
10 Virginia Beach transferred the sum of $127,000.00 from Computerized
11 Signal Expansion CIP 2-988 to Traffic Safety Improvements CIP 2-
12 816; and
13 WHEREAS, there is an additional $173,000, which sum is
14 available from Flanagan's Lane CIP 2-134 and together said funds
15 constitute the necessary funding sources for this project; and
16 WHEREAS, the contract cost for installation and
17 construction of traffic safety improvements at the intersection of
18 Princess Anne and Sandbridge Roads will not exceed $300,000; said
19 figure representing Virginia Power relocation costs of $70,466;;
20 right of way improvement costs of approximately $162,048; the cost
21 of the traffic signal and delineators at $43,290; and contingency
22 costs of $24,196; and
23 WHEREAS, in order to meet the contract cost for
24 installation and construction of the traffic safety improvements
25 at Princess Anne and Sandbridge Road it is necessary to transfer
26 the sum of $173,000 from Flanagan's Lane CIP 2-134 to Traffic
27 Safety improvements CIP 2-816 in order to properly fund such
28 construction costs.
29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA;
31 That the City Manager is authorized to transfer $173,000
32 from Flanagan's Lane CIP 2-134 to Traffic Safety Improvements CIP
33 2-816 to fund such traffic safety improvements.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the 2 day of July 1991.
36 CA-4210
37 \ordin\noncode\CA-4210.ord
38 R-4
A?Pr,iC,VEry AS TO CONTENTS
APP!'40@IF!'.) AS TO
LEGAL ;UF@-i@@@'IENCY
2
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
PRINCESS ANNE ROAD AND SANDBRIDGE ROAD
4 INTERSECTION IMPROVEMENTS, CIP 2-816 AND THE
3 ACQUISITION OF TEMPORARY AND PERMANENT
6 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
7 OR CONDEMNATION
8 WHEREAS, in the opinion of the Council of the city of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City of Virginia Beach is hereby
17 authorized to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seg., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seg. , Code of Virginia of 1950, as amended, all that certain
20 real property in fee simple, including temporary and permanent
21 easements of right of way as shown on the plans entitled "PRINCESS
22 ANNE RD./SANDBRIDGE RD. INTERSECTION IMPROVEMENTS C.I.P. NO. 2-
23 816,11 these plans being on file in the office of Real Estate
24 Department of Public works, Virginia Beach, Virginia.
25 Section 2. That the City Manager is hereby authorized
26 to make or cause to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 Adopted by the council of the City of Virginia Beach,
32 Virginia, on the 2 day of July 1991.
33 CA-4233
34 NONCODE\CA-4233.ORD
35 R-1 AP TO CO@s
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY MM FORM
.@ A, @c@
0 1 1 @Ff A=OMM
I
q
i,-_
I
r
Pr cess dbridge Rdo
@i ements
NO. 2-816
LE lm=1600'
-1
k'@ -
LAKESIDE CONSTRUCTION CORPORATION
5299 GREENWICH ROAD
VIRGINIA BEACH. VA 23462
(804) 499-5961
July 2, 1991
We have had three meetings with members of the staff and at one
meeting one City Council member was present.
We outlined by letter our concern and discussed it for several
hours. Its seems there are two points of disagreement we have with
the staff still unsolved.
1. Accessl We are continually negoiating with commercial interests
for a location at the southern portion of this property. We have made it
clear by letter and verbally that we should have the right to the
tie into Princess Anne Road and Sandbridge Road at any time regardless
of whether the City has designed their ultimate or temporary intersection.
2. Approval of plans: Since February 1987 we submitted a complete
set of engineering plans by Basgier and Associates, civil engineers
and practicing land planners in the City of Virg@nia Beach which
has been rejected by the traffic engineer because we have not dealt
with the complete intersection. Yet, the master street and highway
plarr.,on April 1, 1989 overlayed our property with the identical
location, interesecting Princess Anne Road and Sandbridge Road at the
same angle shown on our plan.
In 1989 when the property was under contract to a user a complete study
was made by Kimberly-Horne and Associates. In this study they recommended
to Mr. Scott that the alignment of Upton Drive be changed to intersect
Princess Anne Road at Elson Green Avenue. Mr. Scott concurred by
letter dated June 22, 1989.
We have ask@d public works to consider the alternative alignment
on several occasions to no avail.
We are now asking that you direct the public works and the planning
commission to coordinate with our engineers a suitable alignment to our
property in consideration with the agreement that was signed in August
of 1990.
- 13 -
Item II-J.3.
ORDINANCES/RESOLUTION ITEM # 34612
Brooks Pollock, 161 Pinewood Road, Phone: 497-0490, President - Central
Business District Association.
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution accepting the Virginia Beach Central
Business District Master Plan concept for
development of the Pembroke Area; and, referring
the Plan to the Planning Commission for its
recommendations as to implementation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorfl@*, Nancy K.
Parker*l@* and William D. Sessoms, Jr.'@
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he is an officer of Central Fidelity Bank which has a branch office
in the Central Business District and is also a Council-appointed member of the
Central Business District Commission. Councilman Sessoms declared he was able
to participate in the transaction fairly, objectively and in the public
interest. Councilman Sessom's letter of July 2, 1991, is hereby made a part of
the record.
**Mayor Oberndorf SUPPORTED the concept but does not endorse light rail or the
Constitution Drive Flyover.
***Councilwoman Parker SUPPORTED the concept but does not endorse light rail.
cit@ c>f
809 GREENTREE ARCH
WILLIAM 0 SESSOMS. JR VIRGINIA BEACH VIRGINIA 23451
COUNCILMAN-AT-LARGE (804) 455-5732
July 2, 1991
Mrs. Ruth Hodges Smith, CMC/AAF-
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 written disclosure is the
Council consideration and vote on a resolution accepting the concept for
development of the Pembroke area as contained in the Virginia Beach
Central Business District Master Plan and referring the Plan to the Planning
Commission for its recommendations as to implementation.
2. The nature of my personal interest is that I am an officer of Central Fidelity
Bank which has a branch office in the Central Business District, and I earn
an annual income in excess of $10,000. 1 was also a Council-appointed
member of the Central Business District Commission.
3. The City Attorney has advised me that in his opinion I am a member of a
group, i.e., persons employed by similarly-situated properties and businesses
July 2, 1991
Mrs. Ruth Hodges Smith -2-
in the Central Business District, the members of which are all affected by
the transaction.
3. 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 from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
William D. Sessoms, Jr.
Councilman
WDSjr/a,wj
Enclosure
MUNIC PAL CENTER
t ESLIE L L LLEY I RGINIA BEACH, VA 23456@9004
(804) 427 4531
CRY ATTORNEY FAX (8@) 426 5@7
July 2, 1991
Councilman William D. Sessoms, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Sessoms:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council consideration of a resolution accepting the concept for
development of the Pembroke area as contained in the Virginia Beach Central Business
District Master Plan and referring the Plan to the Planning Commission for its
recommendations as to implementation. The resolution is scheduled for the July 2, 1991
meeting of City Council.
summ conclusion-
From my review of the Conflict of Interests Act and the information provided by
you, I am of the opinion that you have a personal interest in the proposed resolution as
a result of your employment at a branch office of Central Fidelity Bank located within the
proposed Central Business District. However,
on mal i)on or interest pursuant to
July 2, 1991
Councilman William D. Sessoms, Jr. -2-
This conclusion is consistent with my prior opinion to you dated January 4, 1990,
on this same subject.
I base the aforesaid conclusions on the following facts which 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 City Council's consideration
of the aforementioned resolution regarding the Central Business District Master Plan which
was developed by a consultant with guidance from the Central Business District
Commission. The resolution would accept the concept for development of the Pembroke
area as contained in the Virginia Beach Central Business District Master Plan and would
refer the Plan to the Planning Commission for its recommendations as to implementation.
You have advised me that your concern and reason for requesting this opinion is
that you are an officer of Central Fidelity Bank and work in its branch office located in
the proposed Central Business District, and receive an annual income from the Bank in
excess of $10,000. You have also advised that you were a Council-appointed member of
the Central Business District Commission, and that you did not receive compensation for
serving in this capacity.1
Are you precluded from participating in City Council's consideration of the
aforementioned resolution regarding the Central Business District Master Plan?
Discus-sion.
1. A icable Definitions of 2.1-639.2--
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Governmental
Conflict of Interests Act.
1 See COIA opinion to you dated January 4, 1990.
Councilman William D. Sessoms, Jr. -3- July 2, 1991
B. You are an officer within the meaning of § 2.1-639.2 of the above-
referenced Act.
C. The resolution to be voted or, by City Council is a "transaction" as defined
'ne Act defines a transaction as "any matters considered by any ...
by the Act. ontemplated." § 2.1-639.2.
governinental agency on which official action is taken or c
D. "Personal interest' is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family 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 the business 2) annual income from ownership
in real or personal property or a business 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 exceeds $10,000.00 in value, exclusive of ownership
in a business, or salary 5) personal 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 an officer or employee
or a member of his immediate family has a personal interest in property 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 reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
A. Personal Interest
You have a personal interest in Central Fidelity Bank based upon your receipt of
an annual income from the Bank in excess of $10,000.00.
B. Personal nterest in a Transaction
In order to have a personal interest in the transaction, Central Fidelity Bank must
be either the subject of the transaction or realize a reasonably foreseeable direct or
indirect benefit or detriment as a result of the transaction. Clearly, the Bank is not the
subject of the transaction. However, the question of "reasonable foreseeability" remains.
Although you would have no personal interest in the referral of this matter to the
Planning Commission , it is arguable that Central Fidelity Bank may realize a reasonably
foreseeable direct or indirect benefit or detriment as a result of Council's acceptance of
Councilman William D. Sessoms, Jr- -4- July 2, 1991
the Master Plan as a "concept" for development in the Pembroke area. Therefore, in my
opinion you have a personal interest in the transaction within the meaning of the Conflict
of Interests Act.
isclosure Re uirements
Based on the fact that you are a member of a group which is affected by the
transaction, i.e., persons employed by surrounding similarly-situated properties and
businesses in the Central Business District encompassed by the study, you may participate
in the transaction when it comes before the Virginia Beach City Council upon disclosure
of your personal interest. Such disclosure must include a declaration that you are able to
participate in the transaction, fairly, objectively, and in the public interest. A proposed
disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience.
You may either make this declaration orally, which is to be recorded in the written
minutes of the City Council, or file a signed written declaration with the Clerk 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.
The Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
all appearance of improper influence. In that respect, the Act places a burden on the
individual officer to evaluate whether the facts presented create an appearance of
impropriety which is unacceptable or which would affect the confidence of the public in
the officer's ability to be impartial. I have opined that you may participate in the
transaction after disclosure. However, if you are concerned that participating in the
transaction, even after disclosure, could create an unacceptable appearance, you may
abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest
in the transaction.
As a final note to any Conflict of Interests opinion, § 2.1-639.18(c) provides that
a written opinion of the ttorne made after a full disclosure of the facts, is advisory
and admissible as evidence that the enforcing officer did not knowingly violate the Act,
while a favorable opinion of the Corn ey as the enforcing officer of the
COIA, provides immunity from any a ged violation.
Councilman William D. Sessoms, Jr. -5- July 2, 1991
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lill
City Attorney
LLL/RMB/awi
Enclosure
1 A RESOLUTION ACCEPTING THE CONCEPT
2 FOR DEVELOPMENT OF THE PEMBROKE AREA
3 AS CONTAINED IN THE VIRGINIA BEACH
4 CENTRAL BUSINESS DISTRICT MASTER
5 PLAN AND REFERRING THE PLAN TO THE
6 PLANNING COMMISSION FOR ITS RECOM-
7 MENDATIONS AS TO IMPLEMENTATION
8 WHEREAS, the Pembroke area is located near the
9 population center of the City and at the crossroads of two major
10 arterial roadways; and
11 WHEREAS, in 1973, the city established the B-3 Central
12 Business District zoning classification for certain property in
13 the Pembroke area; and
14 WHEREAS, in 1989, the Central Business District
15 Association (CBDA) developed the CBDA concept Plan which included
16 planning goals and objectives for guiding development of the
17 Pembroke area into a central business district; and
18 WHEREAS, in 1989, the City Council endorsed the CBDA
19 Plan and appointed the Central Business District Commission which
20 was funded and charged by the Council with the task of developing
21 a Master Plan for the Central Business District; and
22 WHEREAS, in March 1991, the Central Business District
23 Commission completed its task by presenting The Virginia Beach
24 Central Business District Master Plan to the City Council.
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27 1) That the City Council accepts the Virginia
28 Beach Central Business District Master Plan as a concept for
29 development in the Pembroke area; provided however, that the
30 acceptance does not apply to the financial plan contained therein,
31 nor does this acceptance apply to the provision for the
32 Constitution Drive flyover.
3 3 2) That the Virginia Beach Centtral Business
34 District Master Plan is hereby referred to the Planning commission
35 for its study and recommendation concerning any amendment to the
36 Comprehensive Plan and any recommendation for funding and
37 implementation through the Capital Improvement Program which it
38 may deem appropriate.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 2 day of July 1991.
41 CA-4306
42 Noncode\Pembroke.Res
43 R-2
2
- 14 -
Item II-K.l.
PUBLIC HEARING ITEM # 34613
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) BETTY B. NOSAY CONDITIONAL USE PERMIT
(b) TANK LINES, INC. CONDITIONAL USE PERMIT
d/b/a PAPOO OIL CO.
(c) BAYMARK CONSTRUCTION CORPORATION CONDITIONAL USE PERMIT
(d) THE RUNNYMEDE CORPORATION STREET CLOSURE
(e) D. M. MALBON NONCONFORMING USE
(f) WILLIAM DRINKWATER CHANGE OF ZONING
DISTRICT CLASSIFICATION
CONDITIONAL USE PERMIT
(g) R.G. MOORE BUILDING CORPORATION MODIFICATION TO OCEAN LAKES
MASTER PLAN
1 5
Item 11-K-1-a
PUBLIC HEARING ITEM # 34614
PLANNING
Wilfred P. Largeo 244 Mustang Trail, Phone: 431-1041, represented the applicant
iman Lenteigne, seconded by Councilman Baum, City Council
Upon motion by Counci n of BETTY B. NOSAY for a Conditional Use
ADOPTED an Ordinance upon applicatlo
Permit for a single-family dwelling:
ORDINANCE UPON APPLICATION OF BETTY B. NOSAY FOR A
CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING
IN THE AG-2 AGRICULTURAL DISTRICT R07911380
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Betty B. Nosey for a
Conditional Use Permit for the single family
dwelling in the AG-2 Agricultural District on the
west side of Princess Anne Road, 2455 feet south of
South Stowe Road. The parcel is located at 931
Princess Anne Road and contains 1.527 acres. PUNGO
BOROUGH.
The following conditions shall be required:
1. Only one entrance shall be provided onto Princess
Anne Road to serve both the proposed lot and the
residual. The entrance shall be placed in a
location that will serve both properties. This may
require removal of the existing entrance and
relocation.
2. if a development proposal is established for the
residual property, the subject 1.527 acre lot shall
be incorporated Into the overall development.
3. The proposed development must be submitted for a
detailed preliminary subdivision review.
4. This conditional use permit shall be considered
activated with the recordation of a final
subdivision plat.
5. Only two lots are permitted, further conditions
governing rate of development are not required.
6. Any new residential structures shall have a minimum
setback of 100 feet from the ultimate right-of-way
for Princess Anne Road.
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 Second
of July, Nineteen Hundred and Ninety-One.
- 16 -
Item II-K.IA
PUBLIC HEARING ITEM # 34614 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr.p Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item II-K.l.b
PUBLIC HEARING ITEM # 34615
PLANNING
The Honorable Moody E. "Sonny" Stallings, represented the applicant
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of TANK LINES, INC., DBA PAPCO
OIL COMPANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TANK LINES, INC., DBA
PAPCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR
A BULK STORAGE YARD R07911381
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tank Lines, Inc., DBA
PAPCO Oil Company for a Conditional Use Permit for
a bulk storage yard and the expansion of a gasoline
service station at the northeast corner of Southern
Boulevard and Euclid Road. The parcel is located at
4920 Southern Boulevard and contains 1.646 acres.
BAYSIDE BOROUGH.
The following conditions shall be required:
1, Right-of-way reservations are required
along both frontages on Opal Avenue and Southern
Boulevard to provide for an ultimate 60-foot
right-of-way for each roadway.
2. Approval of a Board of Zoning Appeals Variance to
Category VI landscaping for the bulk storage yard
is required prior to development.
3. Category I landscaping is required along the
frontages of this property on Opal Avenue and
Southern Boulevard. Evergreen varieties would be
acceptable and all plant selections must be
coordinated with the City Arborist.
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 Second
of July, Nineteen Hundred and Ninety-One.
Item II-K.l.b
PUBLIC HEARING ITEM # 34615 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
4@Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he is an officer of Central Fidelity Bank which bank has previously
made a loan to Tank Lines, Inc. However, the Bank does not have a loan on the
property which is the subject of the conditional use permit application.
Councilman Sessom's letter of July 2, 1991, is hereby made a part of the
record.
WILLIAM D SESSOMS, JR GREENTREE ARCH
COUNCILMAN-AT-@RGE VIRGINIA BEACH, VIRGINIA 23451
(804) 455-5732
July 2, 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 written disclosure is the
Council consideration of Tank Line, Inc.'sapplication for a conditional use
permit at the northeast corner of Southern Boulevard and Euclid Road.
2. The nature of my personal interest is that I am an officer of Central Fidelity
Bank, which bank has previously made a loan to Tank Lines, Inc. However,
the Bank does not have a loan on the property which is the subject of the
conditional use permit application.
3. Although the City Attorney has advised me that this interest does not meet
the criteria of a personal interest in the transaction 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 from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
William D. Sessoms, Jr.
Councilman
WDSjr/awj
Enclosure
LE SL EL L @-LEY MUN C PAL CENTER
C,ITY ATT RNEY V R !N A BEACH VA 23456 9004
(804) 427 4531
FAX (804) 426 5687
July 2, 1991
Councilman William D. Sessoms, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Act Opinion
Dear Councilman Sessorns:
I am writing in response to your request for an opinion as to whether you may
participate in City Council's discussion and vote on the Tank Lines, Inc. conditional use
permit application. The application is scheduled for consideration by City Council at its
July 2, 1991 meeting.
Summa Conclusion.
From my review of the Conflict of Interests Act and the information provided by
you, I am of the opinion that you do not have a personal interest in the transaction of
Council concerning its consideration of the conditional use permit application of Tank
Lines, Inc. Thus, you may vote on 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 provisions for
abstention set forth in Section 2.1-639.14(E), should you choose not to vote.
Councilman William D. Sessoms, Jr. -2- July 2, 1991
1 base the aforesaid conclusions on the following facts which 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 application for a
conditional use permit of Tank Lines, Inc., at the northeast corner of Southern Boulevard
and Euclid Road, which is scheduled to come before the Council at its July 2, 1991
meeting. You have advised that your concern, and reason for requesting this opinion, is
that you are an officer of Central Fidelity Bank earning in excess of $10,000 in salary each
year, and that Central Fidelitv Bank has previously made a loan to Tank Lilies, Inc. to
purchase property on Holland Road, which is secured by a deed of trust on that specific
----ert-%,. You also advise that the property owned by Tank Lines, Inc. to which the
conditional use permit would be applicable (i.e., the northeast corner of Southern
Boulevard and Euclid Road) was not financed by Central Fidelity Bank and that neither
you nor the Bank has any interest in this parcel.
Issue:
Are you precluded from participating in the discussion and voting on the above-
referenced conditional use permit application?
Discussion:
1. Applicable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict
of Interests Act.
B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced
Act.
C. Council consideration of the application for a conditional use permit is a
"transaction" as defined by the Act. A transaction includes any matters considered by any
governmental agency on which official action is taken or contemplated.
Councilman William D. Sessoms, Jr. -3- July 2, 1991
D. "Personal interest' is defined in § 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an immediate family 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 the business; (2) annual
income from ownership in real or personal property or a business 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 exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which exceed@ 3% of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate familv has a personal interest in property 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 reasonably foreseeable direct
or indirect benefit or detriment as the result of the agency considering the transaction.
II. A lication of Definitions
A. Personal Interest
You have a personal interest with respect to the bank by virtue of annual
compensation from the bank which exceeds $10,000.00. You have indicated, however, that
the bank does not hold a loan on, or have any other interest in, the property that is the
subject of the conditional use permit application. Therefore, you do not have a personal
interest with respect to the application.
B. Personil Interest in the Transaction
Based on the facts presented, you have a "personal interest" in Central Fidelity
Bank based upon your receipt of compensation in excess of $10,000.00 annually. However,
Central Fidelity Bank is not the subject of the transaction, nor will it realize a reasonably
foreseeable direct or indirect benefit or detriment based on the subject conditional use
permit application. Therefore, it is my opinion that you do not have a personal interest
in the transaction within the meaning of the Conflict of Interests Act.
Ill.
Based on the fact that you have no personal interest in the conditional use permit
application of Tank Lines, Inc., you are not restricted in voting as to that item. If you are
Councilman William D. Sessoms, Jr. -4- July 2, 1991
concerned that your participation as to this matter may create some appearance of
impropriety because of your position, 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 herein 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 proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
,.io shall retain and make this document available for public inspection for a period of
five years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
all appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of
impropriety which is unacceptable or which would affect the confidence of the public in
the officer's ability to be impartial. I have opined that you may participate in the
transaction after disclosure. However, if you are concerned that participating in the
transaction, even after disclosure, could create an unacceptable appearance, you may
abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest in
the transaction.
As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides
that a written opinion of the Ciiy Attornev made after a full disclosure of the facts, is
advisory and admissable as evidence that the local officer did not knowingly violate the
Act, while a favorable opinion of the Commonwealth's Attornev as the enforcing officer
of the COIA, provides immunity from any alleged violation.
Councilman William D. Sessoms, Jr. -5- July 2, 1991
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lillev
City Attorney
LLL/RMB/awj
Enclosure
- 19 -
Item 1I-K.I.c
PUBLIC HEARING ITEM # 34616
PLANNING
Robert S. Miller, III, 5033 Rouse Drive, Phone: 490-9264, Engineer with
Miller-Stevenson, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Jones, City
Council ADOPTED an Ordinance upon application of BAYMARK CONSTRUCTION
CORPORATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BAYMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
BORROW PIT R07911382
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baymark Construction
Corporation for a Conditional Use Permit for a
borrow pit on certain property located on the
northeast side of Holland Road beginning at a point
540 feet more or less northwest of Christopher
Farms Drive. The parcel contains 53.2 acres.
PRINCESS ANNE BOROUGH
The following conditions shall be required:
1. The use permit is approved for a period of two
years.
2. An excavation permit is required from the
Department of Public Works.
3. A variance from the Board of Zoning Appeals will be
required to excavate within 100 feet of exterior
property lines and there will be no further
excavation within 100 feet of the exterior property
lines.
4. Any homes which are constructed along the
subdivision access road leading to the borrow pit
shall not be occupied until the borrow pit
operation has been completed.
5. In order to insure proper traffic circulation and
proper traffic control, and also keep materials
from tracking onto Holland Road, an employee will
be stationed on Holland Road at the entrance to the
haul road to insure the haul road is kept clear.
6. The dewatering operation will only discharge
groundwater and stormwater, which is pristine
clear, into West Neck Creek.
7. For the proposed borrow pit to be acceptable as a
best management practice upon completions of sand
excavation, the following are required:
a. The maximum depth of the borrow pit/BMP shall
not exceed 40 feet as described on the
preliminary plan submitted with the application.
- 20 -
Item II-K.l.c
PUBLIC HEARING ITEM # 34616 (Continued)
PLANNING
b. A wetlands bench shall be designed to a width of
121 and a maximum pool depth of Oll to 311 above
the wetlands bench. The wetlands bench shall be
provided only along the north and west
boundaries of the pit/BMP comprising an area of
approximately 13,560 square feet. The bench area
shall be excavated to a depth of 1211 and
backfilled with palustrine material retrieved
from the top 1211 to 1611 of topsoil removed from
the vegetated portions of the borrow pit area.
This organic material will promote the growth of
indigenous vegetation. The waterward edge of the
bench shall include a 1211 to 2411 high ridge of
native soil which shall be 11 to 21 wide
designed to control erosion and retain the
backtilled palustrine material.
c. Banks of the pit/bmp/lake shall be reconstructed
with slopes not to exceed a gradient of 1-toot
rise to 3 feet run to stabilize the banks.
d. Sediment basins for treating site runoff and
dewatering operations shall be Included as a
component of the borrow pit. Such basins shall
Include a maintenance schedule inclusive of
maintenance inspections at least every two days,
a cross-section of the proposed sediment basins
and clearly identified erosion and sediment
control measures.
a. The applicant shall submit revised construction
plans detailing the required modifications to
the wetlands bench, slope and sediment basins as
described above.
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 Second
day of July, Nineteen Hundred and Ninety-One.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item IT-K.I.d
PUBLIC HEARING ITEM # 34617
PLANNING
Michael Barrett, chief Executive Officer, The Runnymede Corporation,
distributed an aerial photograph of the site and a copy of the proposed
building, similar to the "Pavilion Center"
Robert S. Miller, III, 5033 Rouse Drive, Phone: 490-9264, Engineer with
Miller-Stevenson, represented the applicant
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in OPPOSITION.
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council
DENIED the Ordinance upon application of THE RUNNYMEDE CORPORATION for the
discontinuance, closure and abandonment of a portion of Cleveland Street.
Application of The Runnymede Corporation for the
discontinuance, closure and abandonment of a
portion of Cleveland Street beginnings at a point
400 feet more or less west of Clearfield Avenue and
running in a westerly direction a distance of 620
feet more or less. The parcel contains 35,882
square feet. BAYSIDE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
Robert W. Clyburn, Vice Mayor Robert E. Fentress and
William D. Sessoms, Jr.
Council Members Absent:
None
- 22 -
Item II-K-Ie-
PUBLIC HEARING ITEM # 34618
PLANNING
Billy Garrington, 5001 Winston Salem Avenue, Phone: 428-4245, represented the
applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED:
Application of D. M. Malbon for the Expansion of a
nonconforming Use on certain property located on
the south side of 18th Street, 125.10 feet west of
Arctic Avenue on portions of Lots 6, 8 and 10,
Block 29, The parcel contains 14,373.80 square
feet. VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. The expansion is approved for a period of one year.
The expansion shall be reevaluated every year by
the City Council.
2. Individual vehicles shall only be stored for a
maximum of ten days.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert W. Clyburn, Reba S.
McClanan and Mayor Meyers E. Oberndorf
Council Members Absent:
None
I RESOLUTION GRANTING AUTHORIZATION
2 FOR THE EXPANSION OF A NONCONFORMING
3 USE (BULK STORAGE YARD), LOCATED ON
4 18TH STREET, WEST OF ARCTIC AVENUE,
5 PROPERTY OF D. M. MALBON, BOROUGH OF
6 VIRGINIA BEACH
7 WHEREASI D. m. Malbon, hereinafter referred to as the
8 Applicant, is the operator of a bulk storage yard used for the
9 storage of motor vehicles on a zoning lot located on the southwest
10 corner of Arctic Avenue and 18th street, in the RT-3 Resort
11 Tourist District, Borough of Virginia Beach; and
12 WHEREAS, the Applicant desires to expand the said bulk
13 storage lot onto an adjoining parcel of land also located in the
14 RT-3 Resort Tourist District; and
15 WHEREAS, the present use of the property does not
16 conform to the provisions of the City Zoning Ordinance because
17 bulk storage yards are not permitted uses within the RT-3 Resort
18 Tourist District; and
19 WHEREAS, pursuant to Section 105(d) of the City Zoning
20 Ordinance, the City Council may authorize the expansion of a
21 nonconforming use if it finds that the use, as expanded, is
22 ecfually appropriate or more appropriate to the zoning district
23 than is the existing nonconforming use;
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That City Council hereby finds that the proposed bulk storage
27 yard, as expanded, is equally appropriate or more appropriate to
28 the RT-3 Resort Tourist District than is the existing
29 nonconformity.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby grants authorization for the
expansion of the Applicant's bulk storage yard upon the following
conditions:
1. Approval shall be for a period of one (1) year, and shall
be reevaluated by the City Council every year; and
2. Individual vehicles shall be stored for a period of no
more than ten (10) days.
Adopted by the City Council of the City of Virginia Beach
on the 2nd day of July, 1991.
CA-91-4303
\noncode\malbon.res
R-2
- 23 -
item 11-K.l.f
PUBLIC HEARING ITEM # 34619
PLANNING
The Honorable Moody E. "Sonny" Stallings, represented the applicant
The following registered In OPPOSITION:
Jeanne Jarnagin, 501 23rd Street, Phone: 425-5801
Tony Mauer, 432 24th Street, Phone: 422-4469
Ann Russell, 432 24th Street, Phone: 422-4469
Tom Jackson, 430-23rd Street, Phone: 422-4733, presented a copy of a petition
(several years old) in OPPOSITION.
A motion was made by Vice Mayor Fentress, seconded by Councilman Jones, that
City Council ADOPT Ordinances upon application of WILLIAM DRIWWATER for a
Change of Zoning District Classification and Conditional Use Permit:
A SUBSTITUTE MOTION was made by Counci lwoman Parker, seconded by Counci lwoman
McClanan, to DENY Ordinances upon application of WILLIAM DRINKWATER for a
Change of Zoning District Classification and Conditional Use Permit:
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, and
William D. Sessoms, Jr.
Council Members Absent:
None
- 24 -
Item 11-K.l.f
PUBLIC HEARING ITEM # 34619 (Continued)
PLANNING
Upon motion made by Vice Mayor Fentress, seconded by Counci Iman Jones, City
Counci I ADOPTED Ordinances upon application of WILLIAM DRINKWATER for a Change
of Zoning District Classification and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5D to R-T4 Z07911327
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of William Drinkwater
for a Change of Zoning District Classification from
R-5D Residential Duplex District to R-T4 Resort
Tourist District on Lot 2 and 1/2 of Lot 4, Block
55, Virginia Beach Development Co. The proposed
zoning classification change to Resort Tourist
District is for residential, office and commercial
land use. The Comprehensive Plan recommends use of
this parcel for Suburban Medium Density Residential
Land Use at densities that are compatible with
single-family use in accordance with other Plan
policies. The parcel Is located at 500 23rd Street
and contains 7150 square feet. VIRGINIA BEACH
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER
FOR A CONDITIONAL USE PERMIT FOR A LAW OFFICE
R07911383
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of William Drinkwater
for a Conditional Use Permit for a law office on
Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach
Development Company. The parcel is located at 500
23rd Street and contains 7150 square feet. VIRGINIA
BEACH BOROUGH.
The following conditions shall be required:
1. The existing structure must remain, no exterior
expansion will be permitted.
2. Signage for the site will be limited to one
Identification sign, which shall not exceed one
square foot in area, shall be non-illuminated and
shall be mounted flat against the wall on the
existing building on the north side or the side
facing 23rd Street.
3. The business will be limited to one attorney and
one secretary.
4. The parking area shall be limited to four spaces. A
low level evergreen hedge must be es ab@lished along
Baltic Avenue and 23rd Street.
- 25 -
Item II-K.I.f
PUBLIC HEARING ITEM # 34619 (Continued)
PLANNING
5. Category II landscaping must be established along
the western property line as specified in Section
1536 of the City Zoning Ordinance. In those areas
where Category II landscaping cannot be installed,
due to the location of the existing structure, an
alternative landscaping plan must be submitted and
approved by the City Arborist.
6. Hours of office operation shall be 9:00 A.M. to
5:00 P.M., Monday thru Friday.
7. No lights shall be on the parking lot.
8. The Conditional Use Permit shall be for one year.
9. The Parking Lot must be locked before and after
office hours.
10. There shall be no structural changes to building
without City Council approval.
These Ordinances 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 Second
f Jul , Nineteen Hundred and Ninety-One.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert W. Clyburn, Reba S.
McClanan, Mayor Meyers E. Oberndorf and Nancy K.
Parker
Council Members Absent:
None
*Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he is employed by Central Fidelity Bank and the bank holds a note
secured by the deed of trust on the Drinkwater property. Councilman Sessoms
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Sessom's letter of July 1, 1991, is hereby
made a part of the record.
*Councilwoman Parker DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, she owns property in the 400 and 500 blocks of 23rd Street which is
in the vicinity of the Drinkwater property. Councilwoman Parker declared she
was able to participate in the transaction fairly, objectively and in the
public interest. Councilwoman Parker's letter of July 1, 1991, is hereby made a
part of the record.
WILLIAM D. SESSOMS, JR. 809 GREENTREE ARCH
COUNCILMAN-AT LARGE VIRGINIA BEACH, VIRGINIA 23451
455 5732
July 1, 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 written disclosure is the
Council consideration of the applications of William Drinkwater for a change
of zoning district classification from R-5D Residential Duplex District to
R-T4 Resort Tourist District, and for a conditional use permit for a law
office. The property affected by the applications is located in the 500 block
of 23rd Street.
2. The nature of my interest is that I am employed by Central Fidelity Bank,
and the bank holds a note secured by the deed of trust on the Drinkwater
property.
Mrs. Ruth Hodges Smith -2- July 1, 1991
3. 1 will not realize any direct or foreseeable financial benefit or detriment as
a result of this transaction.
4. 1 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 from Robert J. Humphreys,
Commonwealth's Attorney, dated August 23, 1990, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
W. D. Sessoms, Jr.
Councilman
WDSjr/awj
Enclosure
@JC
EA
Go ,v
OFFICE OF THE COMMONWEALTH'S ATTORNEY
ROBERT J, HUMPHREY.S CITY OF VIRGINJA,3EACti
Attu,,Iey MUNI(',JrAL CENTER
VIH(3@NIA EEA(H. VlRr3[NlA off@
(6n4) 427-4401
August r,, 1990
The Honorable William D. Sessoms, IT.
Councilman
Citv of Virginia Beach
6-- @f-ccntree Arch
Virginia Beach, Virginia 23451
E)ear Councilman Sessoms:
Pinion pursuant to
In a letter to me d-,Itccf August 21, 1990, you have requested illy 0 , ,
§2.1-6,'ig.ls of the Code of Virginia of 1950, ardirig the gpplicaticii of the State and
Local Conflict of Interest Act to the rezoning as Inie;idcd, reg
application filed bykfr. William Drink-water and which
is scheduled to be considered by City Council on August 28, 1990.
You have also enclosed a copy of tile opinion of my predecessor, Paul A. Sciortino, to Mo()dv
E. Stallings, Jr. regarding his interpretation of the State and Local Conflict of Interest Act as i't
applies to this same zoning application which was previously @)nsidcrcd by Virginia Beach City
Council on March 27, J989.
After reviewing the faces disclosed in your letter of August 21st and reviewing Mr. Sciortino'S
opinion to Mr. Stallings of May 26, 1989, 1 am of the C)I)inio,n that the State and Local Conflict of
Interest Act is not applicable I(.) your involvement in tile rezoning application by Nfr. Driiikwater.
The Virginia Beach City Council is clearly a "governmental agenly" within the meaning of
§2.1-6.39.2 of the State and L)cal Conflict of Interest Act and you unquestionably are a "officer'
within the meaning of the Act. I'he issue turns oil watcher or not you have a 'personal interest in
a transaction" as defined by the Act. A-, Ivfr. Sciortino pointed out in his letter to you of May 26,
1989, a "personal interest in a transaction" exists "when an officer ... has a pcrsonl] interest in . . . a
business ... and such ... business ... may reitlizc a reasonably for@ble direct or indirect benefit
or detriment as a result of the action of Cho agency considering the transaction.' (Emph2isis added).
You do not indicate in your letter of August 21st whether or not your income from Central
Fidelity Bank is contingent upon the performance of the loans you make in your capacity as an
T
Page 2
The Honorable William D. Scssonis, Jr.
August 23, 1990
e'nPlOYee of Central F@idclity, however, in any e'vc@'It you indicate that this Particular piece of property
is not in Your personal portfolio.
Given that situation, I find tl)at I must
On your Personal interest as ,In ellplo agree with Mr. Sciortinol,,;
respect to this property is YCC Of Central Fidelit @elllncnt that the effect
Y Bink by tile action of City Council w,,,)
a member of Council. remote and si)ccul,'Itive or contin east uPOll factors beyond your control its
General of Virginia As Mr, Sciorti. 9
no has already Pointed out to you
has ruled that, if this is the case, a counc imembe Pre',IiotLsly, the Attorney
on the transaction 1)efore council. Scr, Co, advise -Y c)p, , i r may vote without restrictior,
General Annual Report page ii. iiiion no, 8-Al.5(198s); 1986-87 Attorney
It is theref,_)rc niv judgment that a change ill the zonin Of this Property would involve lo
reasonably foreseeable direct or irdircc,, ber)ef7lt or detrimentg
the State and Local c@)T)flict of interest Act and "ccordingiv to Your Personal interest as (refined by
-;9e,ida item. . You mav vote without restriction on that
If YOU require any clarification on anv poil
hesitate ic) r-Ontlct me, 't or if YOU 12,9ve anv other questions, please don't
Very truly yours,
rUH.-jas
CC: Leslie L, Lillqv, City Attorney
NANCY K. PARKER 604 GOLDSBORO AVENUE
COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 2MI
AT-LARGE (804) 42@l 589
July 1, 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 written disclosure is the City
Council consideration of the applications of William Drinkwater for a change
of zoning district classification from R-5D Residential Duplex District to
R-T4 Resort Tourist District, and for a conditional use permit for a law
office. The property affected by the applications is located in the 500 block
of 23rd Street.
2. The nature of my interest is that I own property in the 400 and 500 blocks
of 23rd Street which is in the vicinity of the Drinkwater property.
3. 1 wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Mrs. Ruth Hodges Smith -2- July 1, 1991
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Attorney General
Mary Sue Terry, dated September 20, 1990, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Nancy K. Parker
Councilwoman
NKP/awj
Enclosure
Mary Sue C)
71-
Sentember 20, 1990
The Honorable '4ancy K. Parker
Member, Virginia Beach City Ourlc;l
604 Goldsboro Avenue
V@
irlia Beach, v; "ginia 23451
I)ear 'As- Parkez-:
Pursuant to of t
Gove@,Tlme.,,-, Conpic iat a DOri:'.'on of the State and @cai
.w all
ask that I ze,.,iL 55 2-i-6@@9
-@OL!gh -@-,-i39.24 (the "Act",, c)u
4e Comfnoflwealttts A ne,7
'!Id@red to you by @
,or.s Or' vote on a at Tllrg Your ability jawf@v
to nartic;Dat@ in
"or
p discus-
are based on -he !)r)lit:ation. The cc)nC'Usiors exor...'
Qe,l@ dated - nted i ad in 'this oc)in-
@tl@t -rl your letter to the Corrmcriwe-itrils kt'.
you -may not --, r")at;()n in tha@ letter ,s @or-
_iy UPC)R , P-ve-,It "70ur conduct late:. or !ncornolet&,
a
is c.,:a7le-Ilged.
Dr-; YOU are a menl nia 13eac.@ Citv Council (the t'@ouncilit). William
for rezoning' @f a Parcel of land -,hat he Owns (*the
unil YOU and Your husband Own severpi rental dwelling
Acc Idiately adjacent to, the !)r;nkwatez. property.
p@c re,, ct' "'are an.pear to be at least 12 -other
"le@arer e-' are comparable to that of
Your Pare Is and at least 16 whose loca on is - @k pare
OmDarable to that of you_, @ ird paxcel.
@h
You ask whether- the Act prohi' its You from Da--Iticipating in the
I
SiOns and vote on -Mr. Drinkwaier's a) @ouncil's di3c@-
gus* 24, '-- 990, the Comm Ppiica-4ion for rezo ,
Illng. Irl. an ooinior dated Au-
,,nwealth'3 Attorney concludes that the Act requires'you to
declare Your personal ;nte!,Llst in the rezoning transaction and to disqualify yoursele from
Participation in the COuncills discussion and Vote.
11- ADD icable StartitLs
A. fl-nitio@
As a member of the Council, YOU are an lofficern
subject to the Ac-'s prohibitions ' of a local "90ver-IMental agency,"
and restrictions See S
Vale application seeks to rezone the Drinkwater Property from the R-5D (single fami-
IY/dLiD!ex SOO scuare f@t lot) classification -a the O-'7- (office) <!@iffeation.
----------
The Honorable Nancy K. Parker
September 20, 1990
Page 2
A 'Personal irterest" is defined in 9 2.1-639.2 as
a financial benefit or liability accruing to an officer or emplovee or to a
member of his immediate family. Such interest s@ exist b-y reason of
(I) ownership in a business if the ownership interest exceeds three percent of
the total equity of the business; (11) annual income that exceeds, or may rea-
sonably be anticipated to exceed, $lo,ooo from ownership In real or personal
property or a business; (III) salary, other compensation, fringe benefits, or
benefits from the use of property, or any combination thereof, paid or oro-
vided by a business that exceeds, or may reasonably be anticipated to
exceed, $10,000 annually; (iv) owner3hiD of real or Demonal procerty if the
interest exceeds $10,000 in value and excluding ownershio in a business,
income, or salary, othe, compensation, fringe benefits or benefits from the
@e of property; or (v) pe-so@ liability incurred or assumed on behalf of a
business if the liability exceeds three percent of the asset value of the
business.
A "transaction" is defined as "any matter considered by any governmental or advi-
sory agency, whether in a committee, subcommittee, or other ent;@y of that agency or
before the agency on which official action is taken or contemplated." Id.
A "ne@orial interest in a transactions is defined in S as
a oe.@onal interest of an officer or employee in any matter considered by his
a.g ency. Such personal Interest exists when an officer or employee or a
member of his immediate family has a personal interest in property or a
business, or represents any individual or business and such property, business
or represented individual or business (I) is the subject of the transaction or
(11) may realize a reasonably foreseeable direct or indirect benefit or detri-
ment as a result of the action of the agency considering the transaction.
B. an actions
Section 2.1-639.11(A) restricts the ability of an officer to particinate in an official
transaction before his agency when the officer has a personal interest in the transaction.
If the Transaction anplies solely to prooerty or a business In which the officer has a per-
sonal Interest, 9 2-f-639.11(A)(1) requires the officer's disqualification from participation
in the transaction and the recordation of that disqualification. If the transaction affects
a group of individuals or businesses and the officer is a member of that g.-oup or has a
personal interest In a business that is a member of the group, 5 2.1-639. I i(A)(1.) provides
that the officer 11[mlay palrticinate in the transaction if he is a member of a .. group
the members of which are affected by the transaction, and he complies with the deci@
Zion requirements of [S Section 2.1-639.1'(A)(3) permits the officer to
participate in the transaction, without any disclosure or declaration requirements, if the
transaction affects the public generally, even though the personal interest of the officer,
as a member of the public, also may be affected.
Section 2.1-639.14(G) provides:
z
The I-Ionarable Nancy K. Parker-
September 20, 1990
Page 3
An officer or employee Of local government who is required to declare his
interest pursuant to 5 2.1-639.11(A)(2) shall declare his interest by stating
(1) the transaction involved, (11) the nature of the officer's or employee's per-
sonal Interest affected by the transaction, (III) that he Is a member of a
business, profe@ion, occupation, or group the members of which &--a affected
by the transaction, and (iv) that he is able to participate in the transaction
fairly, objectively, and in the public interest. @he officer or emoloyee shall
either make his declaration oraey to be recorded in written minutes of his
agency or file a signed written declaration with the clerk or administrative
head of his governmental or advisory agency, as appropriate, who shall, In
either case, retain and nake available for public Inspection such declaration
for a period of five years from the date of recordi @g or receipt. If reason-
able t,.me is not available to comply with the provisions of this subsection
prior to partic;Dation in the transaction, the officer- or emoloyee shall pre-
pare and file the -equired declaration by the end of the next business day.
TTT.
or ourp-oses of the Act, a husband and wife are treated as one oe.@on, and the per-
sonal interests of one snouse are imputed to the other. See 5 2.-;-639.2 ("immediate
family," it ne-sonal interest"). You have a personal interest in the pronerty owned by you
and you: hu§band because vour interest in that property exceeds $10,000 in value. See
In the facts you present, the transaction is the deliberation and vote by the
Council on Mr. Drinkwater's !-ezoning application. You have a pe@-anni interest In the
transaction if the Councills actions will have a "reasonably fore5eeable" direct or indirect
effect on your property. See Id.
Because the rezoning of the Drinkwater property could effect the values of neigh-
boring properties, you and your husband "may realize a reasonably foreseeable direct or
indirect benefit or detriment' as a result of the action of the Council. It is my opinion,
therefore, that you have a personal interest in the Council's consideration of the rezoning
application. The transaction before the Council does not, however, apply solely to your
property, necessitating your disqualification pursuant to S 2.1-639.11(A)(1). Id. ("personal
'Interest in a tr@action"). Section provides that a local government
officer "fmlay participate in *he transaction if he is a member of a group the mem-
bets of which are affected by the transaction, and he compiles with the declaration
requirements of IS 2.1-639.14(G)]," You are a member of a group of owners of prooerties
in the vieln-4ty of the Drinkwater property who will be similarly affected by the Councills
vote on the rezoning. There are at least 12-16 other parcels whose locations in relation
to the Drfnkwater property &re comparable to yours. It Is further my opinion, therefore,
that you may participate in the Council'3 discussion and vote concerning the rezoning
application, as long as you comply with the disclosure and declaration requirements of
S 2..I-639.14(G).
2For purposes of this oninion, I assume that the rental dwellings owned by you and
your husband each exceed ilB,000 in value.
3E= 'qn @TT,--Fr@E -,E:,'-IE@@L P. I
The Honorable Manc!y R. Parker
September 20, 1990
Page 4
Our system of government is dependent In large part upon Its ftlzens' maintaining
the highest trust In their public officials. The conduct and character of public officials I;
of particular concern to state and local governments, because it is chiefly through that
conduct and character that the governrnent's reputation is derived. The purpose of the
conflict of interests law is to assure the citizens of the Commonwealth that the judg-
ment of public officers and employees will not be comoromised or affected by inappro-
prf ate conflicts. To this end, the Act def Ines certain standards or types of conduct which
clearly are improper. The law cannot, however, protect against all appearances of con-
flict. It Is incumbent upon you, therefore, in the performance of your duties as a mem-
ber of the Council, to evaluate whether your discussions or vote on the Drinkwater
rezoning application will present an appearance of impropriety which you find unaecept-
able and which will affect the confidence of the public in your ability to perform your
duties on the Council impartially.
With kindest regards, I am
Sincerely,
Mary Sue Terry
Attorney General
5:63/333-A24
- 26 -
Item II-K.l.g
PUBLIC HEARING ITEM # 34620
PLANNING
The Honorable Moody E. "Sonny" Stallings, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application
of R. G. MOORE BUILJ)ING CORPORATION for a modification to the OCEAN LAKES
MASTER PLAN to allow an increase in density on Parcel A-2.
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES
MASTER PLAN TO ALLOW AN INCREASE IN DENSITY ON
PARCEL A-2
Ordinance upon application of R. G. Moore Building
Corporation for a modification to the Ocean Lakes
Master Plan to allow an increase in density on
Parcel A-2 on property located on the east side of
Bold Ruler Drive, 1564.9 feet south of Dam Neck
Road. The proposed Ocean Lakes Master Plan change
to increase density is for multi-family residential
land use at a density no greater than 17.8 dwelling
units per acre. The Comprehensive Plan recommends
use of this parcel for Suburban High Density
Residential at densities that are compatible with
single-family use in accordance with other plan
policies. Said parcel contains 20.791 acres.
PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item II-L.
CONSENT AGENDA ITEM # 34621
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 3, 4, 5 and 6 of the CONSENT AGENDA.
Item II-L.2 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item II-L.l.
CONSENT AGENDA ITEM # 34622
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Request by the School Administration to modify
Ferrell Parkway Phase V Project re provision of an
additional entrance and median break to Kellam High
School.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item II-L.2.
CONSENT AGENDA ITEM # 34623
Flo McDaniel, represented the Resort Leadership and requested the Item be
DEFERRED until the group can determine their position.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
DEFERRED:
Ordinance to AWND and REORDAIN Section 23-60 of
the Code of the City of Virginia Beach, Virginia,
re vending machines on private property.
The Resort Leadership Council will determine their position concerning this
Ordinance and advise City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item II-L.3.
CONSENT AGENDA ITEM # 34624
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, upon SECOND READING:
Ordinances, to APPROPRIATE re FY 1991-1992 School
Budget Funds:
Cafeteria Enterprise $13,531,790
Grants $10,502,760
Textbook $ 2,490,900
Athletic $ 302,680
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE
2 $13,531,790 FOR THE FY 1991-92 SCHOOL
3 CAFETERIA ENTERPRISE FUND BUDGET
4 WHEREAS, the Attorney General of Virginia has opined that School Board
5 expenditures of funds generated by the sale of cafeteria meals require an
6 appropriation of the local governing body;
7 WHEREAS, the Virginia Beach School Board has a cafeteria meal program
8 whereby meal income is deposited in a cafeteria enterprise fund and purchases
9 of foods and other related expenses are paid from this fund;
10 WHEREAS, the School Board has submitted a Cafeteria Enterprise Fund budget
11 for FY 1991-92 in order to comply with the Attorney General's opinion;
12 WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board
13 included total revenues of $13,531,790 and total disbursements of $13,531,790
14 for fiscal year 1991-92.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA that funds in the amount of $13,531,790 be appropriated for the
17 School Cafeteria Enterprise Fund budget in the manner approved by the School
18 Board.
19 BE IT FURTHER ORDAINED that this appropriation be financed by estimated
20 revenues of $13,531,790 in the School Cafeteria Enterprise Fund.
21 This ordinance shall be effective from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 2 day of July 1991.
June 25, 1991
24 FIRST READING:
25 SECOND READING: July 2, 1991
AS'
CIEI
*ALTO C. JR.
OME OF BUDW AND EVAL.UATION
1 AN ORDINANCE TO APPROPRIATE
2 $10,502,760 FOR THE FY 1991-92
3 SCHOOL GRANTS FUND
4 WHEREAS, the Virginia Beach School Board has been notified that it will
5 receive funds of $10,502,760 through special federal categorical grants for the
6 school year 1991-92;
7 WHEREAS, these funds were not included in the FY 1991-92 School Operating
8 Budget approved by City Council;
9 WHEREAS, the School Board approved this funding and requests that City
10 Council appropriate these funds;
11 WHEREAS, it is desirable and necessary for the City Council to appropriate
12 these funds prior to incurring of expenditures.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA that funds in the amount of $10,502,760 be appropriated for
15 school purposes for FY 1991-92.
16 BE IT FURTHER ORDAINED that this appropriation be financed by estimated
17 revenues of $10,502,760 from the federal goverrunent in the School Grants
18 Fund.
19 BE IT FURTHER ORDAINED that this appropriation is authorized subject to
20 the expenditures being incurred with no local match.
21 This ordinance shall be effective from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 2 day of July 1991.
24 FIRST READING: June 25, 1991
25 SECOND READING: July 2, 1991
AS'
icl@@i
A L@T E R C'-.-K R A@E M E F@k@J F t.
OFME OF BUOM AND EVALUATION
1 AN ORDINANCE TO APPROPRIATE
2 $2,490,900 FOR THE FY 1991-92
3 SCHOOL TEXTBOOK FUND BUDGET
4 WHEREAS, the Attorney General of Virginia has opined that School Board
5 expenditures of funds generated by the rental of textbooks require an
6 appropriation of the local governing body;
7 WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby
8 rental income is deposited in a textbook fund and purchases of textbooks and
9 other related expenses are paid from this fund;
10 WHEREAS, the School Board has submitted a School Textbook Fund budget for
11 FY 1991-92 in order to comply with the Attorney General's opinion;
12 WHEREAS, the School Textbook Fund budget approved by the School Board
13 included total revenues of $2,490,900 and total disbursements of $2,490,900 for
14 fiscal year 1991-92.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA that funds in the amount of $2,490,900 be appropriated for the
17 School Textbook Fund budget in the manner approved by the School Board.
18 BE IT FURTHER ORDAINED that this appropriation be financed by estimated
19 revenues of $2,490,900 in the School Textbook Fund.
20 This ordinance shall be effective from the date of its adoption.
21 Adopted by the Council of the City of Virginia Beach, Virginia on the
22 2 day of July 1991.
23 FIRST READINC: June 25, 1991
24 SECOND READING: July 2, 1991
ASM
C.KRkEMER.JR.
OFFICE OF SUDGER AND EVALUATION
I AN ORDINANCE TO APPROPRIATE
2 $302,680 FOR THE FY 1991-92
3 SCHOOL ATHLETIC FUND BUDGET
4 WHEREAS, the School Board expenditures of funds generated by the sale of
5 admissions to high school basketball, football, gymnastics, wrestling, and soccer
6 events require an appropriation of the local governing body;
7 WHEREAS, the Virginia Beach School Board has an athletic program whereby
8 admissions income is deposited in an athletic fund and disbursements from this
9 account are used to purchase athletic equipment and uniforms, to pay officials,
10 and to provide miscellaneous supplies;
11 WHEREAS, the School Board has submitted an Athletic Fund budget for FY
12 1991-92;
13 WHEREAS, the Athletic Fund budget approved by the School Board included
14 total revenues of $302,680 and total disbursements of $302,680 for fiscal year
15 1991-92.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA that funds in the amount of $302,680 be appropriated for the
18 School Athletic Fund budget in the manner approved by the School Board.
19 BE IT FURTHER ORDAINED that this appropriation be financed by estimated
20 revenues of $302,680 in the School Athletic Fund.
21 This ordinance shall be effective from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 2 day of July 1991.
24 FIRST READING: June 25, 1991
25 SECOND READING: July 2, 1991
0 TO APPFTOVED AC,
FICI
WALTER 0. KRAEMER, JR.
OFFIOE OF AND EVALUATION
- 31 -
Item II-L.4.
CONSENT AGENDA TTEM # 34625
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to provide $500,000 to the Marine Science
Museum Expansion (CIP 3-002) re continuation of
building and exhibits design by borrowing $450,000
from Resort Streetscape Improvements (CIP 2-049);
and, APPROPRIATE $50,000 from Marine Science Museum
Enterprise Fund Retained Earnings.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO PROVIDE $500,000 TO THE MARINE SCIENCE
2 14USEUM EXPANSION DESIGN CIP PROJECT 03-002 BY BORROWING
3 $450,000 FROM RESORT STREETSCAPE IMPROVEMENTS CIP PROJECT
4 #2-049 AND APPROPRIATING $50,000 FROM MARINE SCIENCE 14USEUM
5 ENTERPRISE FUND RETAINED EARNINGS
6 WHEREAS, the City has developed CIP Project #3-002 Marine Science Museum
7 Expansion Design to provide for the schematic designs, preliminary cost
8 estimates, artist renderings and models, and architectural design plans for the
9 expansion of the present facility;
10 WHEREAS, the conceptual design phase has been completed for the
11 construction a 121,000 square foot facility sites;
12 WHEREAS, it is estimated that $500,000 is required to provide a continuum
13 of design, and to maintain the schedule of the preliminary project activities;
14 WHEREAS, $450,000 is available by borrowing from the Resort Streetscape
15 Improvements CIP Project #2-049 without decrementing the project's current scope
16 or schedule, and the remaining balance of $50,000 be appropriated from the Marine
17 Science Museum's Enterprise Fund Retained Earnings.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
19 VIRGINIA, that $500,000 be provided to the Marine Science Museum Expansion CIP
20 Project #3-002 for the continuation of building and exhibits design;
21 BE IT FURTHER ORDAINED that $450,000 be provided by borrowing funds from
22 the Resort Streetscape Improvements CIP Project #2-049 and that the remaining
23 $50,000 be appropriated from the Marine Science Museum Enterprise Fund Retained
24 Earnings.
25 ADOPTED THE - DAY OF 1991, BY THE CITY COUNCIL OF VIRGINIA
26 BEACH, VIRGINIA.
27 This ordinance shall be in effect from the date of its adoption.
28 First Reading: July 2, 1991
29 Second Reading:
APP@1) AS
WALI
- 32 -
Item II-L.5.
CONSENT AGENDA ITEM # 34626
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $137,694 to the Sheriff's
Operating Budget re supplementing increased cost of
camera equipment and to cover overtime and uniforms
expenses; and, increase estimated revenues from the
Federal Government by $137,694.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
2 $137,694 IN THE SHERIFF'S OPERATING BUDGET TO SUPPLEMENT
3 THE COST OF REPLACEMENT CAMERA EQUIPMENT AND TO COVER OVERTIME AND
4 UNIFORMS EXPENSES TO BE OFFSET BY AN INCREASE IN ESTIMATED REVENUE
5 WHEREAS, the Sheriff's Office is responsible for the welfare of all irunates
6 confined in the City of Virginia Beach Correctional Facility;
7 WHEREAS, the Sheriff's Office is projecting an additional $118,894 in
8 revenue received for housing federal prisoners and $18,800 in additional grant
9 revenue;
10 WHEREAS, the additional revenues totaling $137,694 will be used by the
11 Sheriff's Office to fund overtime, uniforms, and to supplement the increased cost
12 of replacement camera equipment.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA, that funds in the amount of $137,694 be appropriated in the
15 Sheriff's Operating Budget to supplement the increased cost of camera equipment
16 and to cover overtime and uniforms expenses.
17 BE IT FURTHER ORDAINED, that estimated revenues from the federal government
18 be increased by $137,694.
19 Adopted by the Council of the City of Virginia Beach, Virginia, this
20 day of , 1991.
21 This ordinance shall be in effect from the date of its adoption.
22 First Reading: 2 July 1991
23 Second Reading:
WALTM C. It JR@
OWe OF WOOfft AND KV&"TK i
)KPPROVED AS Td
- 33 -
Item II-L.6.
CONSENT AGENDA ITEM # 34627
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $5,757 Grant
from the U. S. Department of Education to the FY
1991-1992 Operating Budget of the Library
Department re purchase of computer software for the
Adult Learning Center; and, increase estimated
revenues from the Federal Government by $5,757.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,757 GRANT
2 FROM THE U.S. DEPARTMENT OF EDUCATION TO THE
3 FY 1991-92 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
4 TO PURCHASE COMPUTER SOFTWARE FOR THE ADULT LEARNING CENTER
5 WHEREAS, the Library Department in a joint literacy project with the
6 Friends of the Virginia Beach Public Library, the Virginia Beach Public Schools,
7 and the City of Virginia Beach Human Services Departments in March 1990
8 established a special classroom at the Adult Learning Center which offers
9 computerized literacy training to adults who read and write below a sixth grade
10 level;
11 WHEREAS, the use of the special Principles of the Alphabet Literacy System
12 classroom could be expanded to provide additional computerized reinforcement and
13 remedial programs to Adult Basic Education students during the hours when
14 literacy classes are not in session;
15 WHEREAS, the Library Department has applied for and been approved for
16 $5,757 from the U, S. Department of Education to purchase computer software which
17 will provide extra remedial and reinforcement programs for Adult Basic Education
18 students struggling to become literate.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that a grant of $5,757 from the U. S. Department of Education
21 be accepted and appropriated to the FY 1991-92 Operating Budget of the Library
22 Department to purchase software for the Adult Learning Center;
23 BE IT FURTHER ORDAINED that estimated revenues from the Federal Government
24 be increased by $5,757.
25
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted the _ day of 1991, by the Council of the City of
28 Virginia Beach, Virginia.
29 First Reading: July 2, 1991
30 Second Reading:
AS
AND evALUAnolq
- 34 -
Item II-N.l.
NEW BIJSINESS ITEM # 34628
Dado Paris, 5864 Brockie Street, 479-4540, represented the Philippine-American
Community.
Upon motion by Councilman Brazier, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution supporting the Hampton Roads Philippine
- American community disaster relief effort for Mt.
Pinatubo victims.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION IN SUPPORT OF THE RELIEF
2 CAMPAIGN FOR MT. PINATUBO VICTIMS
3
4 WHEREAS, the City of Virginia Beach enjoys close ties with the
5 Hampton Roads Philippine - American community, many of whose
6 members are our friends and neighbors;
7 WHEREAS, the Republic of Philippines has suffered several
8 natural disasters in close succession, the most recent and
9 devastating of which has been the catastrophic eruption of Mt.
10 Pinatubo which has inflicted immeasurable human suffering and
11 property damage in the Pampanga and Zambales provinces;
12 WHEREAS, the Hampton Roads Philippine - American community
13 has undertaken a disaster relief campaign to assist their families,
14 friends and former countrymen who are victims of the catastrophe.
15 NOW THEREFORE, be it resolved by the Council of the City of
16 Virginia Beach, Virginia:
17 That City Council hereby expresses heartfelt support for the
18 Philippine disaster relief effort, and urges all of the citizens
19 of Hampton Roads to respond to requests for medical supplies, food
20 and clothing for the Hampton Roads/ Pinatubo relief effort.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, this 2 day of July 1991.
CA-4327
R-2
\noncode\pinatubo.res
- 35 -
Item IT-N.2.
NEW BUSINESS ITEM # 34629
ADD-ON
Councilman Jones distributed:
Resolution to Direct the City Manager to Bring
Forth Certain Recommendations when presenting the
Capital Improvements Project Budget
A N D,
Resolution to Restrict an increase in Debt Service
from being incurred except for certain projects.
The City Manager is directed, as part of the presentation on the Captial
Improvements Project Budget, to bring forth certain alternatives based upon
certain annual growth assumptions that were presented in the Update of 1990
Debt Capacity Repori as follows:
Borrowing plan alternatives based upon the
extension of the current Capital Improvement
Projects Budget.
Borrowing plan alternative based upon the annual
moderate growth assessed valuation assumptoion
Borrowing plan alternatives based upon cutting
$200,000,000 from the full borrowing plan as
presented in the report.
These Resolutions were requested by Council Members Louis Jones and Harold
Heischober. Council Members Jones and Heischober requested these items be
SCHEDULED for the City Council Session of July 9, 1991.
- 36 -
Item II-N.3.
NEW BUSINESS TTFM # 34630
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council AuTHORiZED the City Manager to assist Hampton Roads Chamber of Commerce
Co-sponsor the "Mother of All Homecomings" scheduled to be held in Virginia
Beach on July 21, 1991; and,
Waive the special events permit fee
Provide City liability insurance coverage
Provide traffic control measures
Provide minor site services
The Hampton Roads Chamber of Commerce, in conjunction with the Virginia
Pilot/Ledger Star and the U.S. Navy, organized a Committee to plan free
regional homecoming events for the troops of Desert Storm.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
Item TT-N.4.
NEW BUSINESS ITEM # 34631
ADD-ON
The Southeastern Public Service Authority has been examining several
alternatives for its long range waste disposal needs. SPSA at its June 26,
1991, meeting distributed information relative alternative disposal options and
a second document showing member local government financial impacts.
Mayor Oberndorf distributed this information to City Council. The following
alternative sites are being examined:
A landfill in Camden County, North Carolina
A landfill in Chesapeake
A waste to energy/landfill/recycling facility in
Isle of Wight County
A waste to energy facility in Portsmouth with
additional landfill capacity elesewhere.
Expansion of the current landfill in Suffolk.
Durwood Curling, Executive Director, Southeastern Public Service Authority,
will present information regarding these alternative sites at the City Council
Session of August 6, 1991.
- 38 -
Item II-N.5.
NEW BUSINESS TTElq # 34632
ADD-ON
Councilwoman Parker, during the City Council Session of June 25, 1991,
distributed information on various issues and positions of the Education
Committee of the Virginia Municipal League. Councilwoman Parker had requested
City Council provide their comments.
Councilwoman Parker again referenced these items and requested City Council's
advice.
- 39 -
Item II-N.6.
NEW BUSINESS ITEM # 34633
ADD-ON
Counclman Clyburn referenced the memorandum from the Parks and Recreation
administration relative the Public Meeting on June 27, 1991, with interested
parties of the Kempsville Greens Golf Course and community. A DRAFT letter to
the residents accompanied by the Minutes of said Meeting was also enclosed.
Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City
Council AUTHORIZED the City Manager:
To revise the City Staff's letter regarding
Kempville Greens Golf Course, giving a time line
and forward same to the homeowners.
The Thirteenth hole shall be redesigned in
accordance with the recommendations of the
professional golf architect.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Mayor Meyers E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne and Reba S. McClanan
Council Members Absent:
None
- 40 -
Item II-N.7.
NEW BUSINESS ITEM # 34634
ADD-ON
Mayor Oberndorf referenced correspondence from Kemspville True Value Hardware
relative obtaining relief from overly restrictive State Health Department
Rgulation on Class IV (irrigation wells/non drinking water wells).
The letter requested City Council's support in appealing to the the Health
Department and the Citizens' Board.
- 41 -
Item II-N.8.
NEW BUSINESS ITEM # 34635
ADD-ON
Councilwoman McClanan referenced the situation concering the watercraft at
Sandbridge.
Councilwoman McClanan will SCHEDULE for the City Council Session of July 9,
1991, an Ordinance to AMEND the City Code to address not allowing motorized
personal watercraft or motorized recreational vessels to be launched from the
beach at Sandbridge from Dam Neck to Little Island.
- 42 -
Item II-N.9.
NEW BUSINESS ITEM # 34636
ADD-ON
Vice Mayor Fentress distributed a copy of a letter from Mr. Arthur K. Fisher,
County Administrator of Accomac, Virginia, requesting City Council prepare a
Resolution similar to the one adopted by the Accomac Board of Supervisors
regarding the right of participation in the Virginia Retirement System for
Members of City Councils and Boards of Supervisors in the Commonwealth.
Vice Mayor Fentress read the proposed Resolution and requested this item be
SCHEDULED for a City Council Session in August 1991.
- 43 -
Item II-N.10.
NEW BUSINESS ITEM # 34637
ADD-ON
Councilwoman Parker referenced correspondence from residents of Buzzard Neck
Road, who will lose their homes as a result of the change in the road (ITEM #
34459, Page 15, City Council Session of May 28, 1991).
Councilman Lanteigne and Arthur Shaw, City Engineer, have arranged a meeting
with the residents.
- 44 -
Item 11-0.1.
ADJOURNMENT ITEM # 34638
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 5:15 P.M.
Bever O@@
Chief Deputy City Clerk
R,6th HodgesSmith, CMC/AAE b
City Clerk elercoe. 01@r-nd@r-f
yor
City of Virginia Beach
Virginia