HomeMy WebLinkAboutFEBRUARY 12, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNC,[L
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CITY COUNCIL AGENDA
FEBRUARY 12, 1991
ITEM 1. COMPREHENSIVE PLAN WORKSHOP - Council Chamber - 9:00 M
ITEM 11. COUNCIL CONFERENCE SESSION - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM 111. L U N C H - Conference Room - 1:00 PM
ITEM IV. INFCRMAL SESSION - Conference Room - 1:30 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM V. FCRMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO GTDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Fritz Stegemann
Open Door Chapel
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. INFCRMAL & FORMAL SESSIONS - February 5, 1991
G. RESOLUTIONS
1. Resolution providing for the ISSUANCE and SALE of $39,850,000
General Obligation Public Improvement Bonds, Series of 1991A, f
the City of Virginia Beach, Virginia, heretofore authorized; and,
providing for the form, details and payment thereof.
2. Resolution directing the City Manager to proceed with planning for
Issuance of General Obligation Minibonds not to exceed $2,000,000,
to be sold In late Spring 1991.
3. Resolution authorizing the City Manager to proceed with development
of a Request for Proposal for selection of underwriters re proposed
water and sewer revenue bond sale In late Spring 1991.
4. Resolution endorsing the concept of locating the Atlantic Wildfowl
Heritage Center In the dew[tt Cottage; and, authorizing the City
Manager to enter Into preliminary agreements.
H. GTDINANCES
1. Ordinances to AMEND and REGTDAIN the Code of the City of Virginia
Beach, Virginia:
a. Sections 31-1, 31-26, and 31-28 re solid Waste.
b. Section 31-15 re autcxnated refuse receptacles.
2. Ordinance to AMEND the City's FY 1990-1991 Budget ordinance to
require City Council approval re allocation of City resources
valued in excess of $20,000 for festivals, parades and related
events.
3. Ordinance restricting travel expenses for CoLincilmembers and
directing the City Manager to amend the City's Official Travel
Regulations.
4. Ordinances to AMEND and RECRDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 2-20 re time and place of regular meetings of City
Council.
b. Section 02-041 re addressing Council.
C. Section 02-057 re City Clerk's calendar and docket of business
before City Council.
5. Ordinance designating City Council Appointees to file an annual
disclosure staternent of their personal Interests and other
information as sat forth in Section 2.1-639.15 of the Code of
Virginia.
6. Ordinance authorizing license refunds In the amount of $9,663.92.
PUBLIC HEARING
1- PLANNING
a. Application of TIDEWATER PSYCHIATRIC INSTITLTRE, INC. for a
Conditional Use Permit for exi)ansion of a hospital at the
Southwest intefsecti-on of will-5-Wisp Drive and Lindsley Drive
(1701 Will-O-Wisp Drive), containing 7 acres (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
b. RECONSIDERATION of Oonditions In the approved application of
TIDEWATER LUBE VENTLRES, INC., for a Conditional Use Permit for
an aut-oblle reair @tabil'shment (JiffY Lube) on the West
side of Gner"t Booth Boule a@rd, 350 feet North of Dam Neck
Road (1557 General Booth Boulevard) containing 18,120.96 square
feet (PRINCESS ANNE BOROUGH).
Scheduled for Reconsideration: January 8, 1991
c. Application of PRINCESS ANNE COUNLRY CLUB for a Conditional Use
Permit for a recreational facility of an outdoor nature at the-
Southeast intersection of Holly Road and West Holly Road,
containing 10,575 square feet (VIRGINIA BEACH BCROUGH).
Recommendation: APPROVAL
d. Applications of DELMAS E. and KAREN L. JAMES re property
located on the West side of Charity Neck Road, South of Gum
Bridge Road (4233 Charity Neck Road), containing 10 acres
(PUNGO BCROUGH):
1. Variance to Section 4.4(b) of the Subdivision Ordinance
ich requires all lots created by subdivision to meet all
requirements of the City Zoning Ordinance;
AND,
2. Conditional Use Permit for a single family dwelling in the
AG-1 Agricultural District. '
Recommendation: APPROVE BOTH APPLICATIONS
e. RECONSIDERATION of Conditions In the March 26, 1984, Approved
applications of BANK OF THE COMMONWEALTH for a Change of Zoning
of two parcel s from R-6 Resi denti al Di strict -(now R-7. 5) and
0-1 Office District (now 0-2) to B-2 Community Business
District (1426 and 1436 Kempsville Road), totalling 4.99 acres
(KEMPSVILLE BCROUGH).
Recommendation: APPRO"L
f. CITY ZONING ORDINANCE:
I . Resolution I n accordance with Section 102(b)(3) re
replacement of certain official zoning maps without change
in designation.
2. Ordinances to AMEND and REORDAIN:
(a) Section 1403 of the Wetlands Zoning Ordinance re
app I I cati on sfor permits for the use or development
of wetlands.
(b) Section 1603 of the Coastal Primary Sand Dune Zoning
Ordinance re applications for permits for the use or
alteration of coastal primary sand dunes.
Recommendation: APFROVAL
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENT
July 1, 1990 - December 31, 1990
Giles G. Dodd, Assistant City Manager for Administration
L. ADJOLRNMENT
2/7/91 Igs
M I N U T E S
VI[IGINIA 13r-ACFI CITY COUNCIL
Virgitila Beacil, Virginia
February 12, 1991
Mayor Meyera Oberndorf called to order the COMPREHENSIVE PLAN WORKSHOP of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Tuesday, February 12, 1991, at 9:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 11:20 A.M.)
2
C 0 M PR EH ENS I V E P LAN W OR K S HOP
9:00 A.M.
ITEM # 34064
Robert J. Scott, Director of Planning, advised In compliance with the direction
of City Council, a PUBLIC HEARING of the COMPREHENSIVE PLAN has been advertised
for the City Council Session of February 26, 1991, at 6:00 P.M.
Information in response to City Council's previous Inquires had been
distributed. Mr. Scott distributed information relative transportation goals.
The Staff needs to heighten the awareness of other valuable indicators related
to roadways. Roadways should not just be examined by basic levels of design
capacity and volunes of traffic. Levels of service should be examined,
particularly during "peak hours". Mr. Scott distributed i liustrations of the
various levels of services. Said Information Is herby made a part of the
record.
Mr. Scott referenced the Ordinance to Amend and Reordain Article 4 of the City
Zoning Ordinance pertaining to the Agricultural Districts. From a legal
standpoint, the City Staff believes certain verbiage needs to amended to
strengthen this ordinance. This Ordinance wil I repeal the Agricultural Lands
Area Overlay District and create the Rural Preservation Overlay District. This
Ordinance attempts to restore to all the property owners in the Agricultural
Districts basic density rights close to those applicable prior to May 1989, on
a Conditional Use basis rather than by permitted use. Mr. Scott referenced
Section 405 of said Ordinance, which for legal purposes needs to be slightly
altered. There should be some level of flexibility in examining the total
number of lots which would have been allowed by right on the AG-2 portion.
There should be a rate of development condition attached to the Use Permits
which generally should be two (2) units per year; however, there wil I be
variations of conditions as these Use Permits are examined. While this should
be established as a general rule, flexibility should be allowed to vary for
this premise due to the existence of unusual conditions. The Planning Staff
believes Section 405 (c) achieves the intent of having applicants with
considerable development potential relocate their lots off the main roads. This
Section Is oriented toward applicants intending to split lots Into more lots.
Essentially AG-3 is being eliminated.
Notwithstanding any regulations to the contrary, the following
additional regulations shal I apply to all residential development in
the AG-1 and AG-2 Districts
(a) Council may attach conditions to the use permit governing the
nunber of residential iots allowed on the tract. In so doing,
Council shall consider: the total number of lots which would have
been al lowed by right on the AG-2 portion of the tract under the
provisions of the AG-2 District and other applicable regulations
as they existed on May 6, 1989; the development potential of the
residential property; and, the degree to which the proposed plan
of development furthers the objectives of this ordinance.
( b) Counci I may attach conditions to the use permit governing the rate
of development on the tract. Unless unusuai conditions exist,
Council shall striveto limit the rate of development on anytract
to no more than 2 lots within any 12 month period. No lots may be
created by subdivision for residential purposes unless and until a
conditional use permit has been approved authorizing such use on
the subject property.
(c) Council may attach conditions to the use permit governing access
onto the exi sti ng rura I roads, and i n so dol ng so shal I con si der
the condition and nature of the road and the size, shape and other
characteri stl cs of the parcel . For al I I ots created f rom exi sti ng
tots in the future, the nunber of driveways onto existing roads
shall be kept to the lowest practical number, except that nomore
than two lots from any tract existing on the date of adoption of
the ordinance may be served by new driveways onto existing roads,
and the rest must be served by new driveways onto new roads.
However, if the existing tract has 1000 feet or more of frontage
on existing roads, then the number of lots created from that tract
with driveways on existing roads may not exceed three. In
addition, all existing lots may be served by driveways onto
existing roads.
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C 0 M P RE HENS I V E P LAN W OR K S HOP
ITEM # 34064 (Continued)
(d) All other requirements of the AG-1 and AG-2 Districts shall remain
In effect. Nothing herein shall be construed as prohibiting the
use by right of a lot lawfully created as of the effective date of
the amendment of this ordinance for purposes of constructing one
single family dwelling.
Mr. Scott advised no matter how many lots are allowed on the property, Section
405 (c) places limits on the nlmber of lots, whjch may be located along the
main road. Furthermore In judging the number of lots an applicant may get back,
Section 405 (a) concerns the issue of measuring the degree to which the
proposed plan furthers the objectives of this ordinance. One of the objectlves
Is to remove the lots frorn the street and to provide a more appropriate
development pattern. During the Staff review, the Planning Staff will be able
to report conditions existing on the property. Usual I y by this stage a sol I
analysis has been conducted, and the Planning Staff is able to report whether
this land can support a septic tank. Therefore, this information will be
available to City Council during their decision making process. Concerning City
water and sewer services, a rezoning approved by City Council does not place a
legal obligation for the City to provide these services. It I s sti I I the
responsibi I lty of the I and owner. Mr. Scott advi sed there needs to be a strong
distinction between the platting of lots in the Agricultural Districts from
those In the Northern areas of the city. This ordinance does not pertain to the
type of subdivider In the northern part of the City. This Is strictly a matter
of convenience for the rural resident. A lot will not be allowed to be platted
unless It Is a developable residential lot in accordance with the Plan. The
City Council will have approved the entire layout of the applicant as a part of
the Conditional Use Permit.
Mr. Scott advised the rate of development In the southern portion of the City
will ultimately be determined by market pressures. These market pressures at
the present time are dictating a rate of building of approximately 30 to 50
houses per year. Mr. Scott did not contemplate the need for any major road
Improvement to be made as a result of this rural type of development.
Mr. Scott distributed a fact sheet prepared by the City Attorney relative
Conditional Zoning. Said information Is hereby made a part of the record. The
authority to pursue Conditional Zoning, pursuant to Section 15.1-491.2:1, Is
not available to all Virginia localities, but only those localities ' which have
experienced significant population growth during the preceding ten (10) years.
Unlike the Conditional Zoning practices currently In effect in the City, the
adoption of a Conditional Zoning ordinance, pursuant to Section 15.1-491.2:1,
will permit the acceptance of voluntary proffers for cash contributions and for
off-site Improvements. A zoning ordinance may Include and provide for the
voluntary proffering In writing, by the owner, of reasonabie conditions, prior
to a public hearing before the governing body provided that:
(1) The rezoning Itself gives rise to the need for the
conditions;
(2) Such conditions have a reasonable relation to the
rezoning; and,
(3) All such conditions are In conformity with the
Comprehensive Plan.
A proffer shall not be accepted unless the City has adopted a Capital
Improvement Plan pursuant to Section 15.1-464. This Section Identifies a 5-Year
Capital Improvernent Plan. If the proffered conditions Included the dedication
of real property or payment of cash, the property shall not transfer and the
cash payment shall not be made until the facilities for which the property is
dedicated or cash is tendered are Included in the Capital lmprovernent Prograrn.
The proffer must provide for the disposition of the property or cash payment in
the event the property or cash payment Is not used for the purpose for which
proffered.
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C 0 M P R E H E N S I V E P L A N W 0 R K S H 0 P
ITEM # 34064 (Continued)
During review of the application, the City Council and the Planning Commission
should be well informed regarding the relationship between the CIP, the
proffered conditions and the nature of the applicant's project.
Assistant City Attorney Gary Fentress responded to the inquiry relative the
handling of the proffers concerning a Conditional Zoning application being
approved that would not be built out for 25-30 years. Each case will have to
be evaluated on its own merits. Twenty-one years is the period of the ruling of
perpetuity. If the appropriate concessions are offered and adequate assurances
are provided by the profferer then the City can work with the developer as a
companion for that twenty-one year period. All proffers do not need to be based
on the CIP.
The City Manager advised the CIP contains highways projects, which may be
funded by State/Urban allocations. The City does not always receive these
allocations in the amount and timing reflected in the CIP. In the case of
substantial projects, i.e. Schools, a particular Referendum might not pass.
The Planning Commission has recommended a number of changes in the Master
Street and Highway Plan: Three roads are proposed to be added and three roads
are proposed to be deleted. Two roads shown in "blue" on the map were
recommended for inclusion as a result of the Harland Barthlomew study in 1985.
However, one road crosses West Neck Creek and presents environmental problems
and the other goes right through the Three Oaks Subdivision. These roads are
proposed for deletion. Mr. Scott referenced the road shown as West Neck Road
because its alignment and function is being replaced by a major arterial and
is thus not required. The Courthouse Loop is reflected in the CIP and therefore
should be included in the Master Street and Highway Plan. The "City Line" Road
has been placed in the Regional Needs Study and therefore is included as a
proposed addition to the Plan. Mr. Scott advised the plan for Ferrell Parkway
had been to loop it back into North Landing Road. The Planning staff recommends
this not be done but that the Parkway be brought out to Indian River Road to
support the proposed transitional zone.
Mr. Scott referenced the transitional zones. The Planning Commission has
forwarded information relative transitional zone 1. This COMPREHENSIVE PLAN
identifies the transition area as one devoted to tax base expansion suitable
for commercial, industrial and institutional use, with residential use included
only as a supplementary use to them. Rules were depicted governing development
in this area. City Council was concerned with residential density relative the
rule that residential development supplementary to comercial, industrial and
institutional uses should not exceed 18 dwelling units per acre in density, nor
10% of the land use area of the project. City Council might wish to consider
the densities as three to six units per acre in certain areas. Eighteen
dwelling units per acre is not a good general rule but the "door" should remain
open for consideration of that type of density, if it is found to be
appropriate in conjunction with a particular identified use, i.e. a University.
The City Council might wish to decide the factors involving density in which
they are primarily interested: the design, fiscal implications or the impact
created on the facilities by the density. The issue of open space will become
increasingly important as the City grows. The concept of "Communities of place"
is the creation of a closely knit village and would require the consideration
of densities in certain residential areas in the six to eight dwelling units
per acre range. In the first transitional zone approximately 4,000 acres of
land was included within its boundaries. However, the Planning Commission has
utilized the figure of 3,000 acres and with further analysis on a tract-by-
tract basis relative wetlands this zone might prove to consist of only about
2,000 developable acres (Area A). Through examination of the map reflecting CIP
Roadway Projects, it is apparent there is an adequacy of facilities regarding
roads in transitional zone 1. All of the infrastructures required in this area
have not been denoted.
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C 0 M P RE HENS I V E P LAN W OR K S HOP
ITEM # 34064 (Continued)
In the second transitional zone 2 (Area 6), bounded by North Landing Road,
Indian River Road and West Neck Creek, there are large amounts of wetlands.
Land, already developed, is depicted in orange on the map. Area B would
comprise from 1200 to 1700 developable acres. There was discussion relative
extending the 150 foot arterial to service the VLIA property. The May 1970 land
use plan which governs the VLIA property'reflects ranges of density. The number
of units which could be bul It on this @roperty are from 12 to 1700 units. The
rural roadway network servicing this area Is not capable of handling additional
traffic. Transitional zone 2 poses geographical problems which must be solved.
This consist of some very poorly aligned roads on West Neck Road with a
difficult curve on Indian River Road and a difficult Intersection on North
Landing Road. The proffers should contain certain geographic points, as they
are affected by the proposed development through the use of a traffic Impact
study. There should also be a proffering of a pro-rata share of the long term
improvements, or development delayed until those long term Improvements are
completed or improvements accelerated at the cost of the developer. A
combination of these proffers could be proposed. The residential density in
this area would be probably be recommended as 2 units per acre. Mr. Scott again
emphasized the concept of "open space".
Mr. Scott again displayed the map depicting the area downzoned by City Council
In 1986. Does the Council wish to apply the same rules of Conditional Zoning to
this area as to Areas A and B. Seaboard Road has very difficult curves, and a
very difficult Intersection on Sandbridge Road. Golf courses would provide a
good use for this area.
A list of comparatively minor corrections relative the C04PREHENSIVE PLAN will
be subrnitted to City Council.
City Council requested areas be shown In different colors reflecting the wooded
areas of high land (government created wetlands) and the true wetlands as well
as the areas acquired by the Nature Conservacy will be depicted on the maps.
This will serve to illustrate the land available under the present rules.
The amount of development occurring In the 14ount Pleasant, Great
Bridge/Greenbrier and the Knotts Island area will have an Impact on the City.
The CO?4FR EHENS I VE PLAN only addresses developments within the City's
geographical areas. Mr. Scott advised the Regional Planning District Commission
Is a perfect forlrn for addressing this Issue relative a regional transportation
study. The Centerville Turnpike, Lynnhaven Parkway and Elbow Road will be
potentially Impacted by traffic from Chesapeake.
Mr. Scott advised a "Trail's Plan" will be devised not necessarily Including
only bikeways, but hiking needs and horse trails. Immediately fol lowing
completion of the COMPREHENSIVE PLAN, this should be compiled. City Counci I
advised a bikeway plan needs to be encouraged.
The possibility of a park setting was suggested in the general area of
Courthouse Loop, West Neck Creek and the Municipal Center. Mr. Scott advised
this should be examined in the context of the Municipal Center Master Planning.
Mayor Oberndorf referenced letters concerning the COMPREHENSIVE PLAN from
Jeffrey J. Beaton, Charles Traub Ill, and the Tidewater Association of
Realtors. Said letters are hereby made a part of the record.
6
ITEM 34065
Mayor Meyera E. Oberndorf CONVENED the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL In the Conference Room, City Hall Bui Iding, on
Tuesday, February 12, 1991, at 12:15 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.
Counci I Members Absent:
None
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 34066
Mayor Oberndorf distributed a copy of a beautiful letter of appreciation from a
young serviceman on the USS John Kennedy, participating in DESERT STORM, with
whom she has been corresponding. Said letter is hereby made a part of the
record.
ITEM # 34067
Mayor Oberndorf also referenced a letter from a husband and wife in East Point,
Georgia, acknowledging the broadcast on CNN of the "Living Flag" at Mount
Trashmore on Saturday, February 2, 1991. They loved this participation by
40,000 citizens and expressed their appreciation and blessings.
ITEM # 34068
Mayor Oberndorf distributed copies of a letter from Shirley Jiral, Cookie Sale
Chairperson for the GIRL SCOUTS concerning their "We are Proud of You" program,
which evolved in response to the Persian Gulf crises. Through this program,
individuals and businesses can sponsor sending cases of Girl Scout cookies to
service personnel oversees. For $35 ($30 per case plus $5 postage and
handling), a case of cookies to the service person or unit of choice will be
forwarded.
ITEM # 34069
Daniel J. Arris, Chairman - Planning Commission, has requested an allocation of
15 minutes to meet with City Council during the Tnformal Session concerning
establishing better communications and to initiate an ongoing dialogue between
the Planning Commission and the City Council.
ITEM # 34070
Mayor Oberndorf extended an invitation to Gregory Stillman, Chairman of the
School Board, and Dr. S. John Davis, Interim Superintendent of Schools, to
discuss the levels of funding for the School Board. Because of scheduling
conflicts, Dr. Davis and Mr. Stillman were unable to attend today's City
Council Session, but will attend the City Council Session of February 26, 1991.
ITEM # 34071
Mayor Oberndorf referenced the following Boards and Commissions:
Arts and Humanities Commission
Chesapeake Bay Preservation Area Board
Community Services Board
Development Authority
Hampton Roads Planning District Commission
Medical College of Hampton Roads
Personnel Board
Planning Commission
School Board
Social Services Board
Southeastern Public Service Authority
Tidewater Community College
Tidewater Transportation District Commission
Wetlands Board
Historical Review Board
The Southeastern Public Service Authority has presented a Briefing to City
Cuncil on January 8, 1991. Vice Mayor Fentress advised the aforementioned
BOARDS AND COMMISSIONS should be scheduled for periodic Briefings to City
Council.
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C ON C E R N S OF T HE MAYOR
ITEM # 34072
Mayor Oberndorf referenced correspondence from Mary C. Russo ' CO-Chairman,
Department - Volunteer Council. Mrs. Russo suggested the possibility of City
Councii hosting an affair to recognize the citywide volunteer award winners.
Mrs. Russo encouraqed all departments to recognlze their vollnteers with sorne
assistance from the Department-Volunteer Council.
The City Manager will forward a Memorandum to Members of City Council outlining
this proposal and requesting direction.
ITEM # 34073
During the City Council Session of February 5, 1991, Mayor Oberndorf
distributed a report of LABCRFEST 1990 prepared by the Labor Day Community
Coordination Committee Co-Chairs HarrJson Wilson and Andrew Fine, and a
document identifying policy Issues for LABCR DAY 1991 compiled by the Mayor,
the City Manager and C. Oral Lambert.
BY CONSENSUS, LABCR DAY 1991 will be discussed under LINFINISHED BUSINESS In the
Formal Session.
ITEM # 34074
Mayor Oberndorf referenced a ietter dated February 7, 1991, from Sherran M.
Denkler, President - St. Gregory PTG, to the Council expressing concern
relative cutbacks In the funding for the DARE program.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 34075
CouncII man He i schober dl strl buted revl si ons to the Ordl nance Re stricti ng Travel
Expenses for Counci I Members; Ordinance to Amend and Section 2-20 of the Code
of the City of Virginia Beach pertaining to the time and place of Regular
Meetings of Clty Council; and, the Ordinance to amend and reordain Section 02-
057 of the Code of the City of Virginia Beach, pertaining to Clerk's Calendar
and docket of business before Council. (See Items H.3, H.4.a/b/c under
CRDINANCES).
- 10 -
ITEM // 34076
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on
Tuesday, February 12, 1991, at 12:15 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
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F 0 R M A L S E S S I 0 N
VlRGINIA BEACH CITY COUNCIL
February 12, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
February 12, 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: Vice Mayor Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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Item V-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34077
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
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Item V-F.l.
MINUTES ITEM # 34078
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February
5, 1991, as AKENDED.
Councilman Baum was OUT OF TOWN but not ON CITY
BUSINESS.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum
Council Members Absent:
None
Councilman Baum ABSTAINED, as he was not in attendance during the City Council
Session of February 5, 1991.
- 14 -
Item V-G. 1.
RESOLUTIONS ITEM # 34079
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
council ADOPTED:
Resolution providing for the ISSUANCE and SALE of
$39,850,000 General Obligation Public Improvement
Bonds, Series of 1991A, of the City of Virginia
Beach, Virginia, heretofore authorized; and,
providing for the form, details and payment
thereof.
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
At a regular meeting of the COuncil of the City of Virginia
Beach, Virginia (the "Council"), held on the 12th day of February,
1991, at which the following members were present and absent:
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
illayor @leyera E. Oberndorf
Nancy K. Parker
I%Iil-]iam D. Sessoms, Jr.
ABSIRNT:
None
the following resolution was adopted by the affirmative roll-call
vote of a majority of all members of the Council, the ayes and nays
being recorded in the minutes of the meeting as shown below:
MEMBER O@T E
John A. Baum Aye
James W. Brazier, Jr. A3,e
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Ave
Mayor Meyera E. Oberndorf Aye
N6ncy K. Parker A3,e
William D. Sessoms, Jr. Aye
RESOLUTION PROVIDING POR THE ISSUANCE AND SALE
OF $39,850,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES OF 1991A, OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM, DE-
TAILS AND PAYMENT THEREOF
.WHEREAS, the issuance of $40,000,000 bonds of the City of
Virginia Beach, Virginia (the "City"), was authorized by an
ordinance adopted by the Council on AugUst 28, 1986, and approved
by the qualified voters of the City at an election held on
Novernber 4, 1986, to finance continuing development of the City's
street and highway system, $23,150,000 c>f which bonds have been
issued and sold, and
WHEREAS, the issuance of $8,000,000 bonds of the City was
authorized by an ordinance adopted by the Council on December 7,
1987, without being submitted to the qualified voters of the City
to finance road and highway improvements, $3,000,000 of which bonds
have been issued and sold; and
WHEREAS, the issuance of $32,850,000 bonds of the City was
authorized by an ordinance adopted by the council on August 17,
1987, and approved by the qualified voters of the City at an
election held on November 3, 1987, to finance community recreation-
al facilities, $20,000,000 of which bonds have been issued and
sold; and
WHEREAS, the issuance of $68,375,000 bonds of the City was
authorized by an ordinance adopted by the Council on August 21,
1989, and approved by the qualified voters of the City at an
election held on November 7, 1989, to finance continuing develop-
ment of the city's school system, $15,000,000 of which bonds have
been issued and sold;
WHEREAS, it has been recommended to the Council by represen-
tatives of Government Finance Associates, Inc. and Government
Finance Research Center (the "Financial Advisors") that the City
issue and sell, as a single issue of public improvement bonds,
$10,000,000 of the bonds for streets and highways, $5,000,000 of
the bonds for roads and highways, $4,850,000 of the bonds for
community recreational facilities and $20,000,000 of the bonds for
schools;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. Issuance and Sale of Bonds. There are provided to be
issued and sold as a single issue of $39,850,000 bonds, $10,000,000
of the unissued amount of bonds authorized for streets and
highways, $5,000,000 of the unissued amount of bonds authorized for
roads and highways, $4,850,000 of the unissued amount of bonds
issued for community recreational facilities, and $20,000,000 of
the unissued amount of bonds authorized for schools.
2. Bond Details. The bonds shall be designated "General
Obligation Public Improvement Bonds, series of 1991AII (the
"Bonds") , shall be dated March 1, 1991, shall be in fully regis-
tered form, in denominations of $5,000 and multiples thereof, and
shall be numbered R-1 upward. The Bonds shall mature in install-
ments on March 1 in years and amounts as follows:
Year Amount Year Amount
1992 $1,995,000 2002 $1,990,000
1993 1,995,000 2003 1,990,000
1994 1,995,000 2004 1,990,000
1995 1,995,000 2005 1,990,000
1996 1,995,000 2006 1,990,000
1997 1,995,000 2007 1,990,000
1998 1,995,000 2008 1,990,000
1999 1,995,000 2009 1,990,000
2000 1,995,000 2010 1,990,000
2001 1,995,000 2011 1,990,000
Each Bond shall bear interest at such rate as shall be determined
at the time of sale, payable semiannually on March 1 and
September 1, beginning September 1, 1991, (a) from March 1, 1991,
if it is authenticated prior to September 1, 1991, or (b) otherwise
from the March 1 or September 1 that is, or immediately precedes,
the date on which it is authenticated (unless payment of interest
thereon is in default, in which case such Bond shall bear interest
from the date to which interest has been paid).
Initially, one Bond certificate for each maturity shall be
issued to The Depository Trust Company, New York, New York (IIDTCII) ,
which is designated as the securities depository for the Bonds, or
its nominee, and immobilized in its custody. So long as DTC is
acting as securities depository for the Bonds, a book-entry system
shall be employed, evidencing ownership of the Bonds in principal
amounts of $5,000 or multiples thereof, with transfers of ownership
effected on the records of DTC and its participants pursuant to
rules and procedures established by DTC and its participants.
Interest on the Bonds shall be payable in clearinghouse funds to
DTC or its nominee as registered owner of the Bonds. Principal,
redemption premium, if any, and interest shall be payable in lawful
inoney of the United States of America by the City Treasurer, who is
appointed Registrar (the "Registrar"). Transfer of principal and
interest payments to participants of DTC shall be the respon-
sibility of such participants and other nominees of beneficial
owners. The City shall not be responsible or liable for maintain-
ing, supervising or reviewing the records maintained by DTC, its
participants or persons acting through such participants.
In the event that (a) DTC determines not to continue to act as
securities depository for the Bonds, (b) the chief financial
officer of the City determines that DTC is incapable of discharging
its duties or that continuation with DTC as securities depository
is not in the best interest of the City, or (c) the chief f inancial
off icer of the City determines that continuation of the book-entry
system of evidence and transfer of ownership of the Bonds is not in
the best interest of the City or the benef icial owners of the
Bonds, the City shall discontinue the book-entry system with DTC.
3
If the city fails to identify another qualified securities
depository to replace DTC, the City shall authenticate and deliver
replacement bonds in the form of fully registered certificates,
substantially in the form as set forth in paragraph 5 with such
variations, omissions or insertions that are necessary or desirable
in the delivery of replacement certificates, and registration of
transfer of the Bonds shall be permitted as described in
paragraph 7.
3. Redemption Provisions. Bonds maturing on or before
March 1, 2001, are not subject to redemption prior to maturity.
Bonds maturing on or after March 1, 2002, are subject to redemption
prior to maturity at the option of the City on or after March 1,
2001, in whole at any time or in part on any interest payment date,
upon payment of the following redemption prices (expressed as a
percentage of principal amount of Bonds to be redeemed) plus
interest accrued and unpaid to the redemption date:
Period During Which Redeemed Redemption
Both Dates Inclusive rice
March 1, 2001 to February 28, 2002 102
March 1, 2002 to February 28, 2003 1011/2
March 1, 2003 to February 29, 2004 101
March 1, 2004 to February 28, 2005 1001/2
March 1, 2005 and thereafter 100
If less than all of the Bonds are called for redemption, the
Bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the Bonds of a
particular maturity are called for redemption, the Bonds to be
redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book-
entry system is discontinued, will be selected by the Registrar by
lot in such manner as the Registrar in its discretion may deter-
mine. In either case, (a) the portion of any Bond to be redeemed
shall be in the principal amount of $5,000 or some nultiple thereof
and (b) in selecting Bonds for redemption, each Bond shall be
considered as representing that number of Bonds that is obtained by
dividing the principal amount of such Bond by $5,000. The City
shall cause notice of the call for redemption identifying the Bonds
or portions thereof to be redeemed to be sent by registered or
certified raail, not less than 30 nor more than 60 days prior to the
redemption date, to DTC or its nominee as the registered owner
thereof. The City shall not be responsible for mailing notice of
redemption to anyone other than DTC or another qualified securities
depository or its nominee unless no c alified securities depository
.fu
is the registered owner of the Bonds. If no qualified securities
depository is the registered owner of the Bonds, notice of
redemption shall be mailed to the registered owners of the Bonds.
If a portion of a Bond is called for redemption, a new Bond in
4
principal amount equal to the unredeemed portion thereof will be
issued to the registered owner upon the surrender hereof.
If no qualified securities depository is the registered owner
of the Bonds, the city may appoint a qualified bank as paying agent
and registrar of the Bonds.
If no qualified securities depository is the registered owner
Of the Bonds, registration of transfer of Bonds and exchange of
certificates maY be effected at the office of the Registrar.
4. Execution and Authentication. The Bonds shall be signed
by the manual or facsimile signature of the Mayor, shall be
countersigned by the manual or facsimile signature of the Clerk,
and the City's seal shall be affixed thereto or a facsimile thereof
printed thereon. No Bond signed by facsimile signatures shall be
valid until it has been authenticated by the manual signature of an
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
following form:
REGISTERED REGISTERED
R-- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obliaatinn i nd, Series of 1991A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
March 1, March 1, 1991
REGISTERED OW"NER:
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value
received, promises to pay, upon surrender hereof, to the registered
owner thereof, or registered assigns or legal representative, the
principal sum stated above on the maturity date stated above,
subject to prior redemption as hereinafter provided, and to pay
interest hereon semiannually on each March 1 and September 1,
beginning september 1, 1991, at the annual rate stated above.
Interest is payable (a) from March 1, 1991, if this bond is
- 5 -
authenticated prior to September 1, 1991, or (b) otherwise from the
march I or September 1 that is, or immediately precedes, the date
on which this bond is authenticated (unless payment of interest
hereon is in default, in which case this bond shall bear interest
from the date to which interest has been paid). Principal,
premium, if any, and interest are payable in lawful money of the
United States of America by the City Treasurer, who has been
appointed Registrar (the "Registrar").
Notwithstanding any other provision hereof, this bond is
subject to a book-entry system maintained by The Depository Trust
Company (IIDTCI-) , and the payment of principal and interest, the
providing of notices and other matters shall be made as described
in the City's Letter of Representation to DTC.
This bond is one of an issue of $39,850,000 General Obligation
Public Improvement Bonds, Series of 1991A, of like date and tenor,
except as to number, denomination, rate of interest, privilege of
redemption and raaturity, and is issued pursuant to the Constitution
and statutes of the commonwealth of Virginia, including the City
Charter and the Public Finance Act. Of such amount $10,000,ooo for
streets and highways were authorized by an ordinance adopted by the
Council on August 28, 1986, and approved at an election held on
November 4, 1986, $5,000,000 for roads and highways were authorized
by an ordinance adopted by the Council on December 7, 1987, without
being submitted to the voters for approval at an election,
$4,850,000 for community recreational facilities were authorized by
an ordinance adopted by the Council on August 17, 1987, and
approved at an election held on November 3, 1987, and $20,000,000
for schools were authorized by an ordihance adopted by the Council
on August 21, 1989, and approved at an election held on November 7,
1989.
Bonds maturing on or before March 1, 2001, are not subject to
redemption prior to maturity. Bonds maturing on or after March 1,
2002, are subject to redemption prior to maturity at the option of
the City on 6r after March 1, 2001, in whole at any time or in part
on any interest payment date, upon payment of the following
redemption prices (expressed as a percentage of principai amount of
bonds to be redeemed) plus interest accrued and unpaid to the
redemption date:
Period During Which Redeemed Redemption
Both DatP-, Tn,I,,@ i,,-- rice
March 1, 2001 to February 28, 2002 102
March 1, 2002 to February 28, 2003 1011/2
March 1, 2003 to February 29, 2004 101
March 1, 2004 to February 28, 2005 1001/2
March 1, 2005 and thereafter 100
- 6
If less than all of the bonds are called for redemption, the
bonds to be redeemed shall be selected by the chief financial
off icer of the City in such manner as he may determine to be in the
best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the bonds to be
redeemed shall be selected by DTC or any successor securities
depository pursuant to its rules and procedures or, if the book
entry system is discontinued, shall be se@ected by the Registrar by
lot in such manner as the Registrar in its discretion may deter-
mine. In either case, (a) the portion of any bond to be redeemed
shall be in the principal amount of $5,000 or some multiple thereof
and (b) in selecting bonds for redemption, each bond shall be
considered as representing that number of bonds which is obtained
by dividing the principal amount of such bond by $5,000. The City
shall cause notice of the call for redeinption identifying the bonds
or portions thereof to be redeemed to be sent by registered or
certified mail, not less than 30 nor inore than 60 days prior to the
redemption date, to DTC or its nominee as the registered owner of
the bonds.
The full faith and credit of the City are irrevocably pledged
for the payment of principal of and interest on this bond.
All acts, conditions and things required by the Constitution
and statutes of the Commonwealth of Virginia to happen, exist or be
performed precedent to and in the issuance of this bond have
happened, exist and have been performed, and the issue of the bonds
of which this bond is one, together with all other indebtedness of
the City, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this bond to be signed by its Mayor, to be countersigned by
its Clerk, its seal to be affixed hereto and this bond to be dated
March 1, 1991.
COUNTERSIGNEb:
(SEAL)
erk
7
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and
transfer(s) unto
(Please rint or type
na e and add,.s., inclding pst.1 Ilp cde, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
, Attorney, to trans er said bond
on 1 ion thereof, with full power of
sub! e prem ses.
Dated:
Signature Guaranteed
NOTI Signatu,. of Regstred Oner)
guaranteed by a member firm
of the New York Stock NOTICE: The signature above nust
Exchange or a commercial bank correspond with the name of the
or trust company. registered owner as it appears on
the front of this bond in every par-
ticular, without alteration or enla-
rgement or any change whatsoever.
6. Pledge of Full Faith and credit. The full faith and
credit of the City are irrevocably pledged for the payment of
principal of and interest on the Bonds. Unless other funds are
lawfully available and appropriated for timely payment of the
Bonds, the Council shall levy and collect an annual ad valorem tax,
without limitation as to rate or amount, on all locally taxable
property in the City sufficient to pay the principal of and-
interest on the Bonds, as the same become due and payable.
7. Registration, Transfer and Owners of Bonds. If no
qualified securities depository is the registered owner of the
- 8 -
Bonds, the City may appoint a qualified bank as paying agent and
registrar of the Bonds. The Registrar shall maintain registration
books for the registration of Bonds. Upon surrender of any Bonds
at the principal corporate trust office of the Registrar, together
with an assignment duly executed by the regist6red owner or his
duly authorized attorney or legal representative in such form as
shall be satisfactory to the Registrar, the City shall execute and
the Registrar shall authenticate and deliver in exchange, a new
Bond or Bonds having an equal aggregate principal amount, in
authorized denominations, of the same form and maturity, bearing
interest at the same rate, and registered in names as requested by
the then registered owner or his duly authorized attorney or legal
representative. Any such exchange shall be at the expense of the
City, except that the Registrar may charge the person requesting
such exchange the amount of any tax or other governmental charge
required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person
exclusively entitied to payment of principal, premium, if any, and
interest and the exercise of all other rights and powers of the
owner, except that interest payments shall be made to the person
shown as owner on the registration books on the 15th day of the
month preceding each interest payment date.
8. Notice of sale. The City Manager, in collaboration with
the Financial Advisors, is authorized and directed to take all
proper steps to advertise the Bonds for sale substantially in
accordance with the form of Notice of Sale attached hereto, which
is approved, provided that the City Manager, in collaboration with
the Fihancial Advisors, may make such changes in the Notice of Sale
not inconsistent with this resolution as he may consider to be in
the best interest of the City.
9. Official Statement. A draft dated February 6, 1991, of a
Preliminary official Statement describing the Bonds, copies of
which have been provided to the members of the Council, is approved
as the form of the Preliminary official Statement by which the
Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this resolution as the
City Manager, in collaboration with the Financial Advisors, may
consider appropriate. The city Manager, in collaboration with the
Financial Advisors, shall make such completions, omissions,
insertions and changes in the Preliminary official Statement not
inconsistent with this resolution as are necessary or desirable to
complete it as a final Official Statement. The City shall arrange
for the delivery to the successful bidder on the Bonds of a
reasonable number of copies of the final official Statement, within
seven business days after the Bonds have been awarded, for delivery
to each potential investor requesting a copy of the official
Statement and to each person to whom such bidder and members of his
bidding group initially sell Bonds.
9
10. official Statement Deemed Final. The City Manager is
authorized, on behalf of the City, to deem the Preliminary Official
Statement and the official Statement in final form, each to be
final as of its date Within the meaning of Rule l5c2-12 of the
Securities and Exchange Commission, except for the omission in the
Preliminary Official statement of certain pricing and other
information allowed to be omitted pursuant to such Rule 15c2-12.
The distribution of the Preliminary Official Statement and the
Official Statement in final form shall be conclusive evidence that
each has been deemed final as of its date by the City, except for
the omission in the Preliminary Official Statement of such pricing
and other information.
11. Preparation and Del:'Lvery of Bonds. After bids have been
received and the Bonds have been awarded, the Mayor, the City
Manager and the Clerk are authorized and directed to take all
proper steps to have the Bonds prepared and executed in accordance
with their terms and to deliver the Bonds to the purchasers thereof
upon payment therefor.
12. Arbitrage covenants. The city covenants that it shall
not take or omit to take any action the taking or omission of which
will cause the Bonds to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended,
including regulations issued pursuant thereto (the "Code") , or
otherwise cause interest on the Bonds to be includable in the gross
income of the registered owners thereof under existing statutes.
Without limiting the generality of the foregoing, the City shall
comply with any provision of law that may require the City at any
time to rebate to the United States any part of the earnings
derived from the investment of the gross proceeds of the Bonds.
The City shall pay from its legally available general funds any
such required rebate.
13. SNAP Investment Authorization. The Council has previous-
ly received and reviewed an Information Statement dated May 1, 1990
(the "Information Statement"), describing the State Non-Arbitrage
Program of the Commonwealth of Virginia ("SNAP") and the Contract
Creating the State Non-Arbitrage Program Pool I dated January 16,
1989 (the "Contract"), and the Council authorizes the City
Treasurer to utilize SNAP in connection with the investment of the
proceeds of the Bonds. The Council acknowledges that the Treasury
Board of the Commonwealth of Virginia is not, and shall not be, in
any way liable to the City in connection with SNAP, except as
otherwise provided in the Contract.
14. Non-Arbitrage Certificate and Elections. Such officers
of the City as may be requested are authorized and directed to
execute an appropriate certificate setting forth the expected use
and investment of the proceeds of the Bonds, and to make any
elections such officers deem desirable regarding any provision
requiring rebate of earnings to the United States, for purposes of
- 10 -
complying with Section 148 of the Coda. Such certificate and
elections shall be in such form as may be recluested by bond counsel
for the City.
15. Limitation on Private Use. The City covenants that it
shall not permit the proceeds of the Bonds to be used in any manner
that would result in (a) 5% or more of such proceeds being used in
a trade or business carried on by any person other than a govern-
mental unit, as provided in Section 141(b) of the code, (b) 5% or
more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water),
within the meaning of section 141(b)(4) of the Code, or (c) 5.% or
more of such proceeds being used directl or indirectly to make or
finance loans to any persons other thany a governmental unit, as
provided in Section 141(c) of the code; provided, however, that if
the City receives an opinion of nationally recognized bond counsel
that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under
existing law, the City need not comply with such covenant.
16. Other Actions. All other actions of officers of the city
in conformity with the purposes and intent of this resolution and
in furtherance of the issuance and sale of the Bonds are approved
and confirmed. The officers of the City are authorized and
directed to execute and deliver all certificates and instruments
and to take all such further action as inay be considered necessary
or desirable in connection with the issuance, sale and delivery oi
the Bonds.
17. Filing of Resolution and Publication. The Clerk, in
collaboration with the City Attorney, is authorized and directed to
see to the immediate filing of a certified copy of this resolution
with the Circuit Court of the City of Virginia Beach, and within 10
days thereafter to cause to be published once in a newspaper having
general circulation in the City a notice setting forth (a) in brief
and general @erms the purposes for which the Bonds are to be issued
and (b) the amount of the Bonds and the amount for each purpose.
18. Repeal of Conflicting Resolutions. All resolutions or
parts of resolutions in conflict herewith are repealed.
19. Ef f ective Date. This resolution shall take effect
immediately.
The undersigned Clerk of the City of Virginia Beach, Virginia,
certifies that the foregoing constitutes a true and correct extract
from the minutes of a regular meeting of the council held on the
12th day of February, 1991, and of the whole thereof so far as
applicable to the inatters referred to in such extract.
WITNESS my signature and the seal of the CitY of Virgini,
Beach, Virginia, this 13 day of February, 1991.
(SEAL) I
Virginia -erK, C'tY of Virginia B.
- 12 -
Item V-G.2.
RESOLUTIONS ITEM # 34080
Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council
ADOPTED:
Resolution directing the City Manager to proceed
with planning for issuance of Ge,,ral Obligation
Minibonds not to exceed $2,000,000, to be sold in
late Spring 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. Lanteigrie, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A RESOLUTION TO PURSUE
THE ISSUANCE OF $2,000,000
MINIBONDS
WHEREAS, in April 1988 and October 1989, the City conducted
successful minibond sales each for $2,000,ooo which provided
$4,000,000 for various street and highway improvements, and
WHEREAS, many citizens saw these minibonds as desirable
investments and may desire to invest additional funds in highly
rated tax-exempt, secure minibonds of the City of Virginia Beach,
and
WHEREAS, the 1988 minibonds mature on May 11, 1991 and
investors in these bonds may seek other similar investrents on the
maturity date, and
WHEREAS, City Council has available several authorized and
unissued general obligation bond issues for general improvements
for the financing of capital projects.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager and the staff of the Department
of Finance are directed to proceed with Planning for an issuance of
general obligation minibonds not to exceed $2,000,000, to be sold
in late spring of 1991 as a separate issue for general improvements.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
on the 12th day of Feb 1991.
- 16 -
Item V-G.3.
RESOLUTIONS ITEM # 34081
Upon motion by Cou,,il,,, Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution authorizing the City Manager to proceed
with development of a Request for Proposal for
selection of underwriters re proposed water and
sewer revenue bond sale in late Spring 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
A RESOLUTION AUTHORIZING CITY ST"p
TO DEVELOP A REQUEST FOR PROPOSAL POR
THE SELECTION oF UNDERWRITERS FOR A
WATER AND SEWER REVENUE BOND ISSUE
WHEREAS, the City continues its program of improving and
extending its water and sewer system, and
WHEREAS, City Council has authorized the issuance of
water and sewer revenue bonds to finance the costs of improvements
to the system and
WHEREAS, Bond Counsel has recommended the development of
a master revenue bond resolution to guide future wlter and sewer
revenue bond sales, and
WHEREAS, the Cityts Financial Advisors have recommended
that the City's first such issue of water and sewer revenue bonds
under the master resolution be a negotiated sale.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the City Manager is hereby authorized to proceed
with the development of a request for proposal for selection of
underwriters for a proposed water and sewer revenue bond sale, and
to present to Council, after the process, a recommendation on the
firm or firms to serve as the underwriting group for the sale of
water and sewer revenue bonds.
Adopted by the Council of the City of Virginia Beach,
Virginia this 12th day of February
, 1991.
- 17 -
Item V-G.4.
RESOLUTIONS ITEM # 34082
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED:
Resolution endorsing the concept of locating the
Atlantic Wildfowl Heritage Center in the dewitt
Cottage; and, authorizing the City Manager to enter
into preliminary agreements.
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
Councilman Sessoms DISCLOSED pursuant to Conflict of Interests Act, Section
2.1-639.14(G), Code of Virginia, he is a Director of the Virginia Beach
Foundation. The Virginia Beach Foundation owns the property which is the
subject of the transaction Councilman Sessoms is able to participate in the
transaction fairly, objectively, and in the public interest. Councilman
Sessoms' letter of January 15, 1991, is hereby made a part of the record.
WILLIAM 0. SESSOMS, JR, 809 GREENTREE ARCH
COUNCILMAN-AT-LARGE VIRGINIA BEACH, WRGINIA 2u5l
4W5732
January 15, 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:
I . The transaction f or which I am executing this written
disclosure is the Council vote on a resolution endorsing
the concept of locating the Atlantic wildfowl Heritage
Center in the dewitt Cottage, which is property currently
owned by the Virginia Beach Foundation.
2. I am a Director of the Virginia Beach Foundation.
3. The Virginia Beach Foundation owns the property which is
the subject of the transaction.
4. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not meet
the criteria of a personal interest as defined by the
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 fro, LeSlie L. LilleY, City Attorney,
which addresses this same matter.
Thank you fOr your assistance and cooperation in this matter.
Sincerely,
W. D. Sessoms, Jr.
Councilman
WDSjr/awi
Enclosure
LESLIE L. LILLEY MUNICIP.L CENTER
CITY TTORNEY VIRGINIA BEACH VA 23456-9@
(@) @21-4531
FAX (W4) 426 5687
February 8, 1991
Councilman W. D. Sessoms, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interest Opinion
Dear Councilman Sessoms:
I am writing in response to your request for an opinion as to
whether you may participate in discussions and vote on the
resolution endorsing the concept of locating the Atlantic wildfowl
Heritage Center in the dewitt Cottage in light of the fact that the
Cottage is currently owned by the Virginia Beach Foundation, Inc.
(the "Foundation"). Attached for your information is a prior
opinion of this office dated May 29, 1990, in which it was
concluded that your position as a Director of the Foundation did
not preclude you from participating in the City Council's vote on
giving a non-interest bearing loan to the Foundation since you had
no personal interest as defined by the Conflict of Interests Act.
Also, attached is a letter dated June 8, 1990 from Commonwealth's
Attorney, Robert J. HUMphreys, affirming this opinion.
Summary/Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in the Virginia
Beach City Council's consideration of a resolution endorsing the
concept of locating the Atlantic Wildfowl Heritage Center in the
deWitt Cottage, which is property currently owned by the
Foundation.
I base the aforesaid conclusions on the following facts and
discussions. Please review and verify the accuracy of the facts
Councilman W. D. Sessoms, Jr. -2- February 8, 1991
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 a
prospective vote on a resolution endorsing the concept of locating
the Atlantic Wildfowl Heritage Center in the dewitt Cottage, which
is currently owned by the Foundation. Pursuant to the dewitt
Cottage Agreement of September 25, 1990, the ownership of the
cottage is to be transferred to the City upon the completion of
renovation. You have advised that your area of concern with
respect to the resolution is that you are a Director of the
Foundation. You have further advised that you receive no salary
or other compensation from the Foundation, own no equity in the
Foundation, and do not assume any liability on behalf of the
Foundation.
Issue:
Are you precluded from participating in the discussion and
voting on the above-referenced resolution because of your position
as a Director of the Foundation?
Discussion:
I. Applicable Definitions:
A. city council is a goverrlmental agency, as it is a
legislative branch of local goverrlment as defined in S 2.1-639.2
of the Virginia State and Local Government Conflict of Interests
Act.
B. You are an officer within the meaning of SS 2.1-639.2 of
the above-referenced Act.
C. The resolution to be voted on by City Council is a
transaction as defined by the Act. The Act defines a transaction
as "any matters considered by any ... governmental agency on which
official action is taken or contemplated. SS 2.1-239.2.
D. "Personal interest" is defined in SS 2.1-639.2 as being
a personal and 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
councilman W. D. Sessoms, Jr. -3- February 8, 1991
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. Section 2.1-639.2 defines a "personal interest in the
transaction" as existing 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.
F. "Business means a ... trust or foundation ... whether or
not for profit." S 2.1-639.2.
II. APPlication of Definitions:
A. Personal Interest
A personal interest exists by reason of one of five specified
categories, as noted above in the definition of "personal
interest". Specifically, my review of those categories and the
facts presented indicate that with respect to the Foundation: you
do not own any interest in the Foundation; you do not have any
income from the Foundation; you do not own affected real or
personal property which interest exceeds $10,000-00 in value; nor
do you have any personal liability incurred or assumed on behalf
of the Foundation. Therefore, I have reached the conclusion that
you do not have a personal interest based on your representation
of the Foundation as defined by the Conflict of Interests Act-'
lThree opinions of the Attorney General dealing with directors
or board members are of relevance: President of a Virginia
Community College who serves on the advisory board of directors of
a private bank and who receives $800 annually from the bank for his
services is not required to disqualify himself from transactions
involving the college because he does not have a personal interest
in the bank. COI Adv. Op. No. 46 (1984). A member of a local
board of supervisors who also serves as a nonpaid director of a
county community action agency is not required by the Act to
disqualify himself from the board's consideration of the agency's
funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a
sanitation commission member who also serves as chairman of a
county service authority and who does not receive in excess of
$10,000 from both the commission and the authority does not have
a "personal interest" in either body and, thus, need not disqualify
himself from participating in a transaction involving both bodies.
COI Adv. Op. No. 76 (1986).
Councilman W. D. SessoMS, Jr. -4- February 8, 1991
B. personal Int-r-St in the Transaction
you do not have a "Personal interest", as def ined above;
therefore, you cannot have a "personal interest in the transaction"
under the definition of the ACt-
Based on the fact that you have no personal interest in the
Council's consideration of the resolution erdorsing the use of the
deWitt Cottage as the Atlantic Heritage Wildfowl Center, which
the Foundation, you are not restricted in voting as to
involves if you are concerned that Your position may create some
that item. to those who do not understand the
appearance of impropriety
Conflict of Interests Act, there are two options available to you.
You may either disclose the facts presented herein and proceed to
vote as to this transaction, or you maY abstain from voting and
disclose any interest. Either of these may diffuse any perception
problems that may arise.
Enclosed please find a written declaration form, should you
decide to declare Your interest. This disclosure form is based on
SS 2.1-639.14(G). This section provides that you may either make
this declaration orally, which is to be recorded in the written
the city Council, or you may file a signed written
minutes of y council, who shall retain
declaration with the Clerk of the Cit lic inspection for a period
and make this document available for pub
of five years from the date of recording or receipt.
if you should desire to abstain from voting, SS 2.1-639.14(E)
provides that in such instances, the officer shall forthwith make
disclosure of the existence of his interest and his disclosure
shall be reflected in the public records for five years.
As a final note to any conflict of interests opinion, Section
2.1-639.18(C) provides that a written opinion of the Citv AttorneY
made after a full disclosure of the facts, is dvisory 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, pro 3-des irmnunity
fro. any alleged violation. If you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Councilman W. D. Sessoms, Jr. -5- February 8, 1991
Please contact me should you desire any additional
information.
Very truly yours,
LLL/EEF/awj
Enclosure
LESLIE L. LILLEY MUNICIPAL GENTER
CITY A@ORNEY VIRGINA BEACH, VA 234@WN
(W4) 427@531
May 29, 1990
Councilman W. D. Sessoms, Jr.
809 Greentree Arch
Virginia Beach, Virginia 23451
Re: Request for Conflict of Interest Act Opinion:
Application for Non-Interest Bearing Loan
Virginia Beach Foundation
Dear Mr. Sessoms:
I am writing in response to your request for an opinion as
to whether you may participate in discussions and vote on the
application for a non-interest bearing loan from the City by the
Virginia Beach Foundation.
summary conclusion:
From ny review of the Conflict of Interest Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in a transaction
of the Virginia Beach City Council concerning the non-interest
bearing loan application of the Virginia Beach Foundation as a
result of your position as Director for the Foundation.
I base the aforesaid conclusions on the following facts and
discussions.
Facts Presented:
Your request for an advisory opinion is generated by a
prospective vote on an application to the City of Virginia Beach
for a non-interest bearing loan for a public purpose by the 4
Virginia Beach Foundation, a non-profit organization. The loan
is to be utilized to purchase an oceanfront cottage, preserve and
repair the structure for historical purposes, and dedicate the
use of the structure for public purposes. You have advised that
your area of concern with respect to the application is that you
are a Director of the Virginia Beach Fou'ndation.
Issue:
Are you precluded from participating in the discussion and
voting on the above-referenced application because of your
position as a Director for the Virginia Beach Foundation?
Discussion:
I. Applicable Definitions:
A. City Council is a governmental agency, as it is a
legislative branch of local government as defined in SS2.1-639.2
of the Virginia State and Local Government Conflict of Interest
Act.
B. You are an officer within the meaning of SS2.1-639.2 of
the above-referenced Act.
C. The loan application to be voted on by city council is
a "transaction" as defined by the Act. The Act defines a
transaction as "any matters considered by any... governmental
age@cy on which official action is taken or contemplated." SS2.1-
2 3 9 . 2 .
D. "Personal interest" is defined in SS2.1-639.2 as being a
personal and 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. SS2.1-639.2 defines a "personal interest in the
transaction" as existing when an officer has a personal interest
in property or a business or when the officer represents any
individual or business and such property, individual or business
(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.
F. "Business means a ... trust or foundation ... whether or,,
not for profit." SS2.1-639.2.
2
II. Application of Definitions:
A. Personal Interest
A personal interest exists by reason of one of five
specified categories, as noted above in the definition of
"personal interest". Specifically, my review of those categories
and the facts presented indicate that with respect to the
Virginia Beach Foundation: you do not own any interest in the
foundation; you do not have any income from the Foundation; you
do not own affected real or personal property which interest
exceeds $10,000.00 in value; nor do you have any personal
liability incurred or assumed on behalf of the Foundation.
Therefore, I have reached the conclusion that you do not have a
personal interest as defined by the Conflict of Interest Act.
B. Personal Interest in the Transaction
Following the definition under SS2.1-639.2 you do not have a
personal interest in transaction by virtue of a personal interest
in property or a business. Also you do not have a personal
interest in the transaction based on your representation of a
bus'iness which is the subject of the transaction. Based on three
prior opinions of the Attorney General, I believe that you are
not required to disclualify yourself. 1
III. Disclosure Reauirements of Section 2.1-639.14(G)
Based on the fact that you have no personal interest in the
application for a non-interest bearing loan, you are not
restricted in voting as to that item. If you are concerned that
your employment may create some appearance of impropriety to
those who do not understand the Conflict of Interest Act, there
are two options available to you. You may either disclose the
1President of a Virginia Community College who serves on the
advisory board of directors of a private bank and who receives $800
annually from the bank for his services is not required to
disqualify himself from transactions involving the college because
he does not have a personal interest in the bank. COI Adv. Op. No.
46 (1984) . A member of a local board of supervisors who also
serves as a nonpaid director of a county community action agency
is not required by the Act to disqualify himself from the board's
consideration of the agency's funding request absent the member
having a financial interest in the agency. COI Adv. Op. No. 81
(1986). By definition, a sanitation coramission member who also
serves as chairman of a county service authority and who doesinot
receive in excess of $10,000 from both the commission and the
authority does not have a "Personal interest" in either body and,
thus, need not disqualify himself from participating in a
transaction involving both bodies. COI Adv. Op. No. 76 (1986).
3
facts presented herein and proceed to vote as to this
transaction, or you may abstain from voting and disclose any
interest. Either of these may diffuse any perception problems
that may arise.
Enclosed please find a written declaration form, should you
decide to declare your interest. This disclosure form is based
on $2.1-639.14(G). This section provides that 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, who shall
retain and make this document available for public inspection for
a period of five years from the date of recording or receipt.
if you should desire to abstain from voting, SS2.1-639.14(E)
provides that in such instances, the officer shall forthwith make
disclosure of the existence of his interest and his disclosure
shall be reflected in the public records for five years.
As a final note to any conflict of interest opinion, sec.
2.1-639.18(c) provides that a written opinion of the City
At ne made after a full disclosure of the facts, is advisory
and admissible as evidence that the local officer did not
knowingly violate the Act, while a favorable opinion of the
Connonwealth's Attorney as the enforcing officer of the COIA,
provides immunity from any alleged violation. If you choose to
seek an opinion of the Commonwealth's Attorney, I will be pleased
to assist you in that regard.
Please contact me should you desire any additional
information.
Very truly yours,
@-L illey
City Attorney
Enclosure
LLL/abe
4
OFFICE OF THE COMMONWEALTH'S A@ORNEY
CIT-Y OF VIRGINIA BLACH
ROBERT,]. HIJMRHRFYS MUNICI@AL. CFNTFfl
VIRGINIA BEACH, VI(I@NIA 2',145C. 9D50
(80.1) 427-4401
June 8, 1990
The Honorable Williains D. Sessoms, Jr.
809 Greentree Arch
Virginia Beach, VA 23451
RE: Request for Conflict of Interest Act opinion:
ApplictiOn fOr non-interest hearisig loan by
Tiie Virgini-a Beach Foundatioll
Dear Coullcjl.man Sessoms:
Thi-s is in response to your letter of June 7, 1990 requesting
a,n opinion of this c)f@lice pursilant to SS2.9-619-23(B) and enclosing
a copy Of tho resolutioll to be voted on by the council of the City
of Virgini-a Beach giving the City Manager authority to negotiate
an agreencn'@ which would enable the Virginia Beach Foundation to
acquire an oceanfront dwelling known as the De Witt Cottage and a
copy of an ordinance appropriating funds in the amount of
$loo,ooo.OC) for an annuity payable to the Virginia Beach Foundation
ancl for expenses necesrary for the maintenance of the De Witt
Cottage.
in your request for an opinion you indicate that you are a
member of the Board of DirectOrs of the Virginia Beach Foundation
which is a charitable, non-profit organization and you further
indicate that you receive no compensation for your se-ices as a
director of that foundation.
You should also be advised that I have been provided with the
advisory opinion rendered by Leslie L. Lilley, City Attorney for
the City of Virginia Beach, witb regard to this inatter
After reviewing the ordinance and resolution in question, the
advi@ory opinion rendered by Mr. LilleY on May 29, iggo and
reviewing the State and Local conflict of Interest Act (SS2.1-639.1
et seq.), I ain of the opinion that Mr. Lilleyis legal opinion is
both a cogent and correct statement of the law as it applies to
Page 2
The Honorable William D. Sessoms, Jr.
June 8, 3.990
your situation and I agree with his conclusion that you have no
pe,rsonal interest in a transaction as that term is defined by
SS2.1-639.2 because of the non-profit nature of the Virginia Beach
Foundation and your unconpensated association with it.
In view of the fact that you have no "personal interest in a
transaction" as that term relates to the ordinance or the
resolution in question then, notwithstanding the fact that you are
an officer within the meaning of SS2.1-639.2 of the state and local
Conflict of Interest Act, you are not required to abstain from
vo@@ing as to either agenda item. Naturally, if you are concerned
that your association with the Virginia Beach Foundation may create
sorfte appearance of impropriety to those who do not understand the
provisions of the State and tocal Conflict of Interest Act, you
may, as Mr. Lilley suggests, either disclose your association and
abstain from voting or disclose the facts you have presented to me
as part of the public council record and then proceed to vote as
your conscience dictates on these transactions.
I hope that this adequately answers the question which you
posed and in the event that it does not or if you require any
clarifications, pj.ease don't hesitate to contact me.
Very tr
Robert4
Commonw@ ney
RJH:jas
cc: Leslie L. Lilley, City Attorney
1 A RESOLUTION ENDORSING THE CONCEPT
2 OF LOCATING THE ATLANTIC WILDFOWL
3 HERITAGE CENTER IN THE DEWITT
4 COTTAGE
5
6
7 WHEREAS, on June 11, 1990, City Council authorized the
8 City Manager to negotiate and execute the necessary agreements
9 with the Virginia Beach Foundation to enable the Foundation to
10 acquire the dewitt Cottage;
11 WHEREAS, all deeds and agreements between the Virginia
12 Beach Foundation, the City of Virginia Beach and the dewitt
13 sisters have been executed and the Cottage is now owned by the
14 Foundation;
15 WHEREAS, the Foundation has agreed to use its best
16 efforts to raise funds and coordinate the renovation and
17 restoration of the dewitt Cottage as nearly as practicable to its
18 original condition given the financial resources available and to
19 then convey the dewitt Cottage Property to the City for its use as
20 a center for goverrunental and charitable activities and other
21 public purposes;
22 WHEREAS, the Back Bay Wildfowl Guild has proposed to the
23 Foundation the establishment of the Atlantic Wildfowl Heritage
24 Center in the dewitt Cottage to preserve, perpetuate and display
25 historical wildfowl artifacts and the wildlife history of the
26 region;
27 WHEREAS, the Back Bay WildfoWl Guild has proposed to
28 join the Foundation in its fund-raising effort to preserve the
29 Cottage and establish the Atlantic Wildfowl Heritage Center
30 therein;
31 WHEREAS, the use of the property as the Atlantic
32 Wildfowl Heritage Center will create an additional attraction for
33 both residents and seasonal visitors and provide an educational
34 resource for the area; and
35 WHEREAS, the Virginia Beach Foundation has strongly
36 recommended that the Back Bay Wildfowl Guild's proposal to
37 establish the Atlantic Wildfowl Heritage Center in the dewitt
38 Cottage be accepted as such a center in this historical setting
39 will provide a unique asset for the City.
40 NOW, THEREFORE, BE IT RESOIVED BY THE COUNCIL OF THE
41 CITY OF VIRGINIA BEACH:
42 That City Council hereby endorses the concept of
43 permitting the location of the Atlantic Wildfowl Heritage Center
44 in the dewitt Cottage and authorizes the City Manager to enter
45 into preliminary agreements consistent with the proposal of the
46 Back Bay Wildfowl Guild dated January 4, 1991, and the dewitt
47 Cottage Agreement dated September 25, 1990, and to return to City
48 Council for final approval of any necessary lease agreements.
49 Adopted by the Council of the city of Virginia Beach,
50 Virginia, this 12th day of February 1991.
51
52 CA-4107
53 R-2
54 Noncode\Wildfowl.Res
55
2
18 -
Item V-H.I.a.
ORDINANCES TTEM # 34083
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED, AS AMENDED*:
Ordinance to Amend and Reordain Sections 31-1, 31-
26, and 31-28 of the Code of the City of Virginia
Beach, Virginia, pertaining to Solid Waste.
*This Ordinance shall be EFFECTIVE May 1, 1991.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 31-1, 31-26,
3 AND 31-28 OF THE CODE OF THE
4 CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO SOLID
6 WASTE
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 31-1, 31-26, and 31-28 of the Code of the City
10 of Virginia Beach, Virginia, are hereby amended and reordained to
11 read as follows:
12 Section 31-1 Definitions.
13 ...
14 Yard tragh waste means waste accumulations of lawn, grass or
15 shrubbery cuttings or clippings and dry leaf rakings, free of
16 dirt, rocks, large branches and bulky or noncombustible material.
17 Yard tr-arh waste containers means refuse r-ereptagies ag
18 Gles!Gjned in -Pplastic bags
19 shall be closed by a tight-sealing method of suitable type, such
20 as drawstring, wire tie or knot
21 have a maximum capacity of gallons and a axiinum
22 wei 1, of twenty unds. gpn-t:;4-.i ner-r
23
24 Section 31-26. Receptacles generally.
25 All refuse to be collected by the city shall be stored in
26 proper receptacles between times of collection. Except in those
27 areas serviced by automated collection equipment, such receptacles
28 shall be metallic or plastic, with a capacity of not more than
29 thirty-two (32) gallons or a total weight of not more than fifty
30 (50) pounds. Any mobile container provided by the city shall not
31 be filled to exceed two hundred (200) pounds total weight and all
32 refuse therein must fit inside the container. Refuse inay be
33 placed in plastic or polyethylene bag which meet the standards set
34 by the department of public works. Each receptacle shall have a
3 5 tight-fitting cover and each bag shall be tightly secured. The
36 cover of any receptacle shall be kept on at all times except when
37 the receptacle is being filled, emptied or cleaned. Animal waste
38 and ashes shall be wrapped separately from other refuse in a
39 manner to prevent spillage prior to placing the same in a
40 receptacle. Any areas serviced by automated collection equipment
41 shall use ninety (90) gallon round containers as approved by the
42 director of public works. -
43 All garbage or putrescible material shall be
44 placed within the automated containers. No other type of
45 container is permitted for use in the automated collection areas.
46 Exceptions to these requirements may be made by the director of
47 public works. gnly yard waste containp@.@ n section
48 31-1 of this ch
49 twe rd waste containers shall be collected per
50 res
51 Section 31-28. Points of collection.
52 (a) Privately-owned refuse receptacles, the contents of
53 which are to be collected by the city, shall be placed on the curb
54 line of a city right-of-way by 7:00 a.m. on the day of collection.
55 All receptacles must be removed out of view of the public after
56 collection on the day of collection. The director of public works
57 shall designate those areas in the city in which curbside bins for
58 holding refuse receptacles are permitted beyond the front wall of
59 a dwelling unit.
60 (b) mobile containers provided by the city shall be placed
61 on the curb line of a city right-of-way by 6:30 a.m. on the day of
62 collection. Such containers shall be removed out of view of the
63 public no more than two (2) hours after collection.
64 (c) The city will not make refuse collections on private
65 property.
66 (d) Some residents serviced by automated collection
67 equipment shall be required to place the automated containers on
68 the opposite side of the street from their house.
2
69 shall be required tG Plage All P;@tr-a -r-efuse in plart,*--
70 PA.TA.E gid.p C)e the str-eet as the4-r- hemes
71 This Ordinance shall become effective on the 1st day of May,
72 199 1.
73 Adopted by the Council of the City of Virginia Beach,
74 Virginia on the 12th day of February, 1991.
75 CA-4096
76 \ordin\proposed\31-001ET.pro
77 R-3
3
- 19 -
Item V-H.I.b.
ORDINANCES ITEM # 34084
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to Amend and Reordain Sections 31-15 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Automated Refuse Receptacles.
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
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 31-15 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO AUTOMATED REFUSE
5 RECEPTACLES
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA;
10 That Section 31-15 of the Code of the City of Virginia Beach
11 is hereby amended and reordained as follo,s:
12 Section 31-15. Provision of automated containers.
13
14 (a) It shall be the responsibility Of he;Reowners,
15 of residential structures
16 located in area. serviced by
17 tem to provide automated refuse receptacles.
18 (b) Lf the
19 date f - occupancy of a new structure
20 such ar_ea the owner or occupant theref
21
22
23 -s an automated refuse receptacle.
24 (c) henever an utoraated refuse receptacle is
25 purchased from the city the iorice nf i-h. 1-1@-+'-cle shall be
26 based on the LOt-al cost of the receptacle to the
27 city.
28 Adopted by the Council of the City of Virginia Beach, Virginia
29 on the day of
30
31 CA-4057
32 \ordin\proposed\31-15.pro
33 R-3
- 20 -
Item V-H.2.
ORDINANCES ITEM # 34085
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948, registered in
Opposition.
Councilman Brazier advised this Ordinance was related to AMENDING the FY'90-91
Budget Ordinance to provide that prior to the allocation for any City resources
for, or in support of, any festival, parade, or related event, in the form of
costs for personnel, equipment, and other in-kind services, such allocation
valued in excess of $20,000.00, must be approved for the purpose by City
Council.
A motion was made by Councilman Brazier, seconded by Councilman Clyburn to
ADOPT an Ordinance to AMEND the City's FY 1990-1991 Budget Ordinance to require
City Council approval re allocation of City resources valued in excess of
$20,000 for festivals, parades and related events.
A motion was made by Vice Mayor Fentress, seconded by Councilman Jones, to
ADOPT, AS AMENDED, an Ordinance to AMEND the City's FY 1990-1991 Budget
Ordinance to require City Council approval re allocation of City resources
valued in excess of $20,000 for festivals, parades and related events. The
verbiage "..or unplanned event." shall be added on line 32 after the words
"..emergency situation.
BOTH MOTIONS WERE WITHDRAWN.
Upon motion by Councilman Brazier, seconded by Councilman Heischober, City
Council DEFERRED:
Ordinance to AMEND the City's FY 1990-1991 Budget
Ordinance to require City Council approval re
allocation of City resources valued in excess of
$20,000 for festivals, parades and related events.
Vice Mayor Fentress, Councilman Brazier and the City Attorney will confer to
discuss agreeable verbiage.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item V-H. 3.
CRDINANCES ITEM # 34086
The following spoke in OPPOSITION:
Rae H. LeSesne, P.O. Box 2011, Phone: 497-3008, represented tl)e Citizens Action
Coalition, Inc.
Lou Pace, 1908 Hunts '4eck @-Ourt, Phone: 468-0925
Upon motion by Counci Iman Heischober, seconded by Counci Iman Sessoms, City
Council ADOPTED, AS REVISED:
Orditiance restricting travel expenses for
Counci lmecnbers and directing the City manager to
amend the City's Official Travel Regulations.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Loui s R.
Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clyburn, Reba S. tAcClanan and Nancy K. Parker
Council Members Absent:
None
Requested by Councilmembers Brazier and Heischober
1 AN ORDINANCE RESTRICTING TRAVEL
2 EXPENSES FOR COUNCILMEMBERS
3
4
5 WHEREAS, the City has experienced a substantial revenue
6 shortfall due, in part, to an unfavorable economic climate at both
7 the local and national level;
8 WHEREAS, the City's ability to address this shortfall is
9 complicated by a decrease in state and federal funding of local
10 programs and projects;
11 WHEREAS, City Council recognizes the sacrifices that
12 many departments, programs and individuals will have to make as a
13 result of this unfavorable economic climate; and
14 WHEREAS, City Council further recognizes that in their
15 role as representatives of the City and leaders in the community,
16 they should share, to the extent possible, in the efforts to
17 reduce the City's revenue shortfall.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 That Councilmembers shall only be eligible for in-city
21 or out-of-city travel expense reimbursements when authorized by
22 the City Council; provided, however, that this restriction shall
23 not apply to the Mayor or a Councilmember designated by the Mayor
24 to represent the Mayor in the conduct of official city business;
25 and
26 That the City Manager is hereby directed to make such
27 amendments to the City's Official Travel Regulations as may be
28 necessary to reflect this change in policy.
29 This Ordinance shall become effective on the 15th day of
30 February, 1991.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia this 12th day of February 1991.
33
34 CA-4082
35 R-2
36 Noncode\Travell.ord
- 22 -
Item V-H.4.a.
ORDINANCES ITEM # 34087
The following registered in OPPOSITION:
Captain L. K. Fenlon, Jr., 2224 Scallop Road, Phone: 481-2501, represented the
Great Neck Association of Civic Leagues
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council
of Civic Organizations
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948
Rae H. LeSesne, P.O. Box 2011, Phone: 497-8008
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
A. Strazzullo, 3120 Sand Pine Road,
Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731, represented the
North Virginia Beach Civic League. Captain Corner concurred with the Informal
Session being held in the Council Chamber and suggested the City Council deal
only with matters concerning reversal of decisions by the Planning Commission.
E. George Minns, 1429-A Reynard Crescent, Phone: 427-0250, represented the
NAACP - Virginia Beach
Delmas James, 2940 Sandfiddler Road, Phone: 426-7080
A motion was made by Councliman Heischober, seconded by Councilman Brazier to
ADOPT an Ordinance to Amend and Reordain Section 2-20 of the Code of the City
of Virginia Beach pertaining to the Time and Place of Regular Meetings of City
Council. Meetings shall be scheduled for the Second and Fourth Tuesdays of each
month at 6:00 P.M.
Vice Mayor Fentress requested the Ordinance be AMENDED to reduce the City
Council Meetings from four to three Meetings, on the first, second and fourth
Tuesdays of the Month. Councilman Heischober accepted this "f riendly"
Amendment.
Upon AMENDED MOTION by Councilman Heischober, seconded by Councilman Brazier,
City Council ADOPTED:
Ordinance to Amend and Reordain Section 2-20 of the Code of the
City of Virginia Beach pertaining to the Time and Place of
Regular Meetings of City Council.
1st Tuesday at 2:00 P.M. - Administrative Items
2nd Tuesday at 2:00 P.M. - Planning Items
4th Tuesday at 6:00 P.M. - Administrative/Planning Items
In July, City Council will meet only the 1st/2nd Tuesdays
at 2:00 P.M. - Administrative/Planning Items
The Ordinance shall be EFFECTIVE the first day in March, 1991.
All INF'ORMAL Sessions wi-11 be held in the Council Chamber.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, and William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clyburn, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
Requested by Councilmembers Brazier and Heischober
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-20 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH PERTAINING TO THE
4 TIME AND PLACE OF REGULAR MEETINGS
5 OF CITY COUNCIL
6
7
8 WHEREAS, the City has experienced substantial revenue
9 shortfalls as a result of an unfavorable economic climate;
10 WHEREAS, the city has also experienced, and may
11 reasonably expect to continue to experience, a significant
12 decrease in state and federal funding;
13 WHEREAS, due to these budgetary constraints, the City
14 has been forced to respond to an increased demand for services
is with increasingly limited resources;
16 WHEREAS, SS 2-20 of the City Code currently requires City
17 Council to meet once a week; and
18 WHEREAS, the frequency of council meetings makes it
19 difficult for city staff to respond to council concerns and
20 requests in a timely and thorough manner, and places an additional
21 and unnecessary demand on the City's limited resources; and
22 WHEREAS, city Council is of the belief that it can more
23 efficiently conduct its meetings on a bi-monthly schedule:
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That Section 2-20 of the Code of the City of Virginia
27 Beach, Virginia, is hereby amended and reordained to read as
28 follows:
29 Section 2-20. Time and place of regular meetings.
30 Regular formal meetings of the council shall be held in
31 the Council Chambers of the City Hall Building, Municipal Center,
32 Virginia Beach, Virginia, on the first-, and second and thi:r-d
33 Tuesdays of each month at !:00 2:00 p.m. and on the fourth Tuesday
34 of each month at 5; 00 6: 00 p.m. , unless such date shall fall upon
35 a legal holiday, in which case the meeting %fi:ll shall be held on
36 the next succeeding daya which is not a holiday and at the same
37 hour, except as otherwise provided by special resolution of the
38 council. However, in JULY Of each year, be regular
39 meetings shall Gn!Y be held on the first two (2) Tuesdays of the
40 month .00 -m- 1
41 mee bers on !al
42 meetings at such times as the council may deem appropriate. The
43 citv manage of the times of such informal
44 me
45 To accommodate citizen participation in public hearings,
46 the council may by resolution convene any council meeting at such
47 public facility in the city that will in the judgment of city
48 council accommodate the citizens; provided, however, that notice
49 shall be provided to the press by the city manager.
50 This ordinance shall become effective on the 1st day of
51 March, 1991.
52 Adopted by the Council of the City of Virginia Beach,
53 Virginia, this 12th day of February, 1991.
54
55 CA-4079
56 R-6
57 \ordin\proposed\002-020.pro
58
2
- 23 -
Item V-H.4.b.
ORDINANCES ITEM # 34088
The following registered in OPPOSITION:
Captain L. K. Fenlon, Jr., 2224 Scallop Road, Phone: 481-2501, represented the
Great Neck Association of Civic Leagues
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council
of Civic Organizations
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948
Rae H. LeSesne, P.O. Box 2011, Phone: 497-8008
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
A. Strazzullo, 3120 Sand Pine Road,
Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731, represented the
North Virginia Beach Civic League.
E. George Minns, 1429-A Reynard Crescent, Phone: 427-0250, represented the
NAACP - Virginia Beach
Delmas James, 2940 Sandfiddler Road, Phone: 426-7080
Upon motion by Councilman Heischober, seconded by Councilman Brazier, City
Council ADOPTED:
Ordinance to amend and reordain Section 02-041 of
the Code of the City of Virginia Beach, Virginia,
pertaining to addressing Council.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, and William D. Sessoms, Jr.
Council Members Voting Nay:
Robert W. Clyburn, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
Requested by councilmembers Brazier and Heischober
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 02-041 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO ADDRESSING COUNCIL
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 02-041 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained to read as
11 follows:
12 Section 02-041. Addressing council.
13 Any person er gre1/2ip of not a member eF iRembeEs
14 of the council, desiring to address the council upon any subject
15 before it for consideration shall confine the remarks upon any
16 subject to not exceeding five (5) minutes, unless
17 extended or altered by the council, and no person er- gr-eup e-f-
18 pereens shall speak more than once on the same subject at the same
19 meeting, without the special permission of the council. Any
20 person who anticipates that his or her remarks will exceed five
21 (5) minutes is encouraged to submit any additional remarks to the
22 council in writi @. Any person eF gfeup ef peeseas desiring to
23 address the council shall register with the city clerk prior to
24 the opening of the meeting.
25 Adopted by the City Council of the City of Virginia
26 Beach, Virginia, on the 12 day Of February 1991.
27
28
29 CA-4097
30 R-1
31 ordin\proposed\02-041.pro
32
- 24 -
Item V-H.4.c.
ORDINANCES ITEM # 34089
The following registered in OPPOSITION:
Captain L. K. Fenlon, Jr., 2224 Scallop Road, Phone: 481-2501, represented the
Great Neck Association of Civic Leagues
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Council
of Civic Organizations
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948
Rae H. LeSesne, P.O. Box 2011, Phone: 497-8008
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
A. Strazzullo, 3120 Sand Pine Road,
Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731, represented the
North Virginia Beach Civic League.
E. George Minns, 1429-A Reynard Crescent, Phone: 427-0250, represented the
NAACP - Virginia Beach
Delmas James, 2940 Sandfiddler Road, Phone: 426-7080
Upon motion by Councilman Heischober, seconded by Councilman Brazier, City
Council ADOPTED, AS AMENDED*:
Ordinance to amend and reordain Section 02-057 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Clerk's Calendar and docket of
business before City Council.
On line 23, the verbiage shall be: "In the case of a bona fide emergency, there
may be an add-on agenda item for any ordinance or resolution that pertains to
that emergency, sponsored by a member of council, that could not be placed on
the agenda prior to the closing of the clerk's docket. Such ordinance or
resolution may only be considered upon an affirmative two-thirds vote of the
council."
A copy of the docket shall be dispatched to the Mayor and each Member of the
Council not later than 5:00 P.M. on the Friday preceding each regular meeting.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
Requested by Councilmembers Brazier and Heischober
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 02-057 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CLERK'S CALENDAR AND
5 DOCKET OF BUSINESS BEFORE COUNCIL
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 02-057 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained to read as
11 follows:
12 Section 02-057. Calendar and docket of business before council.
13 The clerk of the council shall keep a calendar so
14 arranged as to show the condition or progress of the business of
15 the council. @The clerk shall also keep a docket of the
16 business to come before the regular meetings of the council and,
17 in order that the members of the council may be familiar in
18 advance with matters to be presented for consideration and action,
19 the clerk's docket shall be closed at 5:00 p.m. on Wednesday of
20 the week preceding each meeting and a copy of such docket shall be
21 dispatched to the mayor and each member of the council not later
22 than the T-huEsday 5:00 p.m. on the Friday preceding each regular
23 meeting. In the case of a bona fide emergency, there may be an
24 add-on agenda item for any ordinance or resolution that pertains
25 to that emergency, sponsored by a member of council, that could
26 not be placed on the agenda prior to the closing of the clerk's
27 docket. Such ordinance or resolution may only be considered upon
28 an affirmative two-thirds vote of the council.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on this 12th day of February, 1991.
31 CA-4098
32 R-2
33 ordin\proposed\02-057A.pro
- 25 -
Item V-H. 5.
CRDINANCES ITEM # 34090
Upon motion by Counci Iman Brazier, seconded by Counci lman Baum, City Counci I
ADOFITED:
Ordinance designating City Council Appointees to
file an annual disclosure staternent of their
personal interests and other Information as set
forth In Section 2.1-639.15 of the Code of
Virginia.
Voting: 10-1
Counci I 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 and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Mernbers Absent:
None
Requested by Councilmember Brazier
1 ORDINANCE DESIGNATING CITY COUNCIL
2 APPOINTEES TO FILE k DISCLOSURE
3 STATEMENT OF THEIR PERSONAL
4 INTERESTS AND OTHER INFORMATION
5 SPECIFIED ON THE FORM SET FORTH IN
6 SECTION 2.1-639.15 OF THE CODE OF
7 VIRGINIA
8
9
10 WHEREAS, the Virginia General Assembly passed the State
11 and Local Goverriment Conflict of Interests Act which became
12 effective on August 1, 1987;
13 WHEREA.S, one of the purposes of the Act is to establish
14 a single body of law applicable to all state and local government
15 officers and employees on the subject of conflict of interests and
16 to ensure that the standards of conduct of such officers and
17 employees are uniform throughout the Commonwealth;
18 WHEREAS, pursuant to Section 2.1-639.14 of the code of
19 Virginia, the members of City Council are required to disclose
20 certain personal and financial interests substantially as that set
21 forth in the disclosure form provided in Section 2.1-639.15 of the
22 Code of Virginia;
23 WHEREAS, Section 2.1-639.14A of the Code of Virginia
24 authorizes the City Council to designate certain appointees and
25 employees to file a disclosure statement of their personal
26 interests and other information specified on the form set forth in
27 Section 2.1-639.15 upon the passage of an ordinance requiring
28 same; and
29 WHEREAS, City Council wishes to designate Council
30 appointees to file, as a condition of assuming or continuing
31 office, a disclosure statement as referenced above to assure that
32 the judgment of such appointees will not be compromised or
33 affected by inappropriate conflicts.
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
35 CITY OF VIRGINIA. BEACH, VIRGINIA:
36 Section 1. THAT the following Council appointees, as a
37 condition of assuming or continuing office, shall be required to
38 file a disclosure statement of their personal interests and other
39 information specified on the form set forth in Section 2.1-639.15
40 of the Code of Virginia and thereafter shall be required to file
41 such a statement annually on or before January 15:
42
43 City Manager
44 City Attorney
45 City Clerk
46 City Real Estate Assessor
47
48
49 Section 2. Section 2.1-639.14 of the Code of Virginia
50 states that the forms shall be provided by the Secretary of the
51 Commonwealth to the City Clerk not later than November 30 of each
52 year, and the City Clerk shall cause the forms to be distributed
53 no later than December 10 of each year to each appointee
54 referenced in Section 1 above. Disclosure forms shall be filed
55 and maintained as public records for five (5) years in the Office
56 of the City Clerk.
57
58
59 Section 3. All ordinances inconsistent or in conflict
60 with the provisions of this ordinance are hereby repealed.
61
62
63 Section 4. This ordinance shall be effective upon
64 adoption.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 12th day of February 1991.
67
68 CA-4101
69 R-1
70 Noncode\Brazier.ord
71
2
- 26 -
Item V-H.6.
CRDINANCES ITEM # 34091
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City
Councli ADOPTED:
Ordinance authorizing License Refunds in the amount
of $9,663.92 upon application of certain persons
and upon certification fo the Commissioner of the
R even ue.
Voting: 11-0
Councll Members Voting Aye:
John A. Baurn, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Loul s 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
MRM NO@ C.& 8 REV. aW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Angelos Pizza, Inc. 1988-90 Audit 843.08 843.08
2540 Edgehill Avenue
Virginia Beach, VA 23454
Cate, Barry Robert 1989 Audit 170.38 170.38
T/A Virginia Beach Typewriter Service
26 Rudee Avenue
Virginia Beach, VA 23451
Chamberland, Donald J. 1989 Audit 190.43 190.43
T/A Engineering Management Assoc.
3360 Middle Plantation Ouay
Virginia Beach, VA 23452
Certified as to Payment:
R-obert P. Vaughan (--j
Commissioner of the Revenue
Approved as to form:
L@ie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1, 203. 89 were approved by the Council
of the City of Virginia Beach on the 12 day of February 19 91
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Commercial Plumbing Service, Tnc.
P. 0. Box 61537 1989-90 Audit 220.57 220.57
Virginia Beach, VA 23462
Conyers, Larry 1990 Audit 94.34 94.34
T/A Marcy's Hallmark
1309 Preserve Drive
Virginia Beach, VA 23451
Dominion Decor. Ltd. 1989 Audit 351.72 351.72
516 Owens Terrace
Chesapeake, VA 23323
Certified as to Payment:
R66ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Lkfie'L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 666. 63 were approved by the Council
12 February
of the City oi Virginia Beach on the - day of
Ruth Hodges Smith
City Clerk
MRM NO. C.k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Dye, Clarence & Miller, Theresa
T/A The Treasure Chest 1989-90 Audit 5.53 5.53
860 Rodin Lane
Virginia Beach, VA 23455
First Advantage Mortqage Corp.
8910 Route 108 1989-90 Audit 87.26 87.26
Columbia, MD 210452191
Germania of America, Inc. 1989 Audit 23.86 23.86
3300 Ocean Shore Ave., #907
Virginia Beach, VA 23451
Certified as to Payment:
-Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Le@L.-Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 116. 65 were approved by the Council
of the City of Virginia Beach on the 12 day of February
19 91
Ruth Hodges Smith
City Clerk
MRM NO. C.& 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE Crry OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Gourmet Market Ltd. 1989-90 Audit 1,901.99 1,901.99
T/A The Gourmet Market
12490 Warwick Blvd.
Newport News, VA 23606
Harris, Tim 1990 7-13-90 150.00 150.00
T/A Snowballs & Stuff
1106 Pinedale Drive
Plant City, FL 33566
Howerin, Mary A. 1989 Audit 54.00 54.00
T/A ABC Signs & Products
7811 Gifford Street
Norfolk, VA 23518
Certified as to Payment:
'-Robert P. Vaughan
Commissioner of th @R@e enue
Approved as to form:
Le1/2i-e L"Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling @ ?.ln9.qc) were approved by the Council
of the City of Virginia Beach on the 12 day of FebruAr3E 11991
Ruth Hodges Smith
City Clerk
FORM NO. C.& a REV. &w
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Johnson, Robert M., Jr. 1990 Audit 264.67 264.67
T/A Value Pet
3348 Terrazzo Trail
Virginia Beach, VA 23452
Joyner, Christopher M. 1990 6-18-90 30.00 30.00
T/A Chris Rentals
1303 River Front Court, Apt. 301
Virginia Beach, VA 23451
Landis & Gyr Powers, Inc.
1000 Deerfield Parkway 1987-90 Audit 483.41 483.41
Buffalo Grove, IL 60089
Certified as to Payment:
@66ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Leslie L. Lille7
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 778. 08 were approved by the Council
of the City of Virginia Beach on the 12 day of February 19 91
Ruth Hodges Smith
City Clerk
FMM NO. C.& 8 REV. 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Mandon Building Corp. 1986-90 Audit 202.00 202.00
4109 Roenker Lane
Virginia Beach, VA 23455
Moni, K. N. 1989 Audit 584.35 584.35
4648 Schilling Point
Virginia Beach, VA 23455
Moore, Melvin C., Jr. 1988-89 Audit 71.80 71.80
T/A M. C. Moore Jr. & Son
536 S. Birdneck Road
Virginia Beach, VA 23451
Certified as to Payment:
-R66ert P. Vaughan
Commissioner of the Reve-nue
Approved as to form:
@siie' L. Lilre-y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 85,9q 15 were approved by the Council
of the City of Virginia Beach on the 12 day of F@hr@@,ry .1991
Ruth Hodges Smith
City Clerk
FC)RM t4O. C.k 8 REV. IW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Morrison, Thomas H., O.D- 1988-90 Audit 351.87 351.87
4648 Curtiss Drive
Virainia Beach, VA 23455
R. J. Ballard Enterprises, Ltd.
T/A Subway Sandwiches & Salads
813 Close Avenue 1989 Audit 266.59 266.59
Virginia Beach, VA 23451
Richardson & Companv P.C- 1990 Audit 712.73 712.73
192 Ballard Court S-102
Virginia Beach, VA 23462
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
-Cesli-e L. Li@iey
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 f 331 6 19 were approved by the Council
of the City of Virginia Beach on the 12 day of February 19 91
Ruth Hodges Smith
City Clerk
FMM NO. CA 8 REV. 3W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penafty lnt. Total
Waffletown USA, Ltd. 1989-90 Audit 381.25 381.25
142 Dupre Avenue
Norfolk, VA 23503
Certified as to Payment:
Commissioner of the Revenue
Approved as to form
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 381 - 25 were approved by the Council
12 February 91
of the City of Virginia Beach on the - day of 19-
Ruth Hodges Smith
City Clerk
FORM NO. C.& a REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Sumner, John E., Jr. 1984-89 Audit 21.36 21.36
T/A American Auto Recovery
309 Aragona Blvd.
Vi'rginia Beach, VA 23462
Tencarva Machinery Co. 1990 Audit 1,609.11 1,609.11
P. 0. Box 7267
Greensboro, NC 27407-0267
Turner, Wanda T. 1988-89 Audit 42.00 42.00
T/A Harris & Harris Company
100 Rodriquez Road
Virginia Beach, VA 23452
Certified as to Payment:
n
Commissioner of the Revenue
Approved as to form:
c
L@slie-L. Lilley
City Attorney 77
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,672. 47 were approved by the Council
of the City of Virginia Beach on the 12 day of February '1991
Ruth Hodges Smith
City Clerk
- 27 -
Item V-I. 1.
PUBLIC HEARING ITEM # 34092
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) TIDEWATER PSYCHIATRIC INSTITUTE, INC. CONDITIONAL USE PERMIT
(b) TIDEWATER LUBE VENTURES, INC. RECONSIDERATION of CONDITIONS
(c) PRINCESS ANNE COUNTRY CLUB CONDITIONAL USE PEMIT
(d) DELMAS E. AND KAREN L. JAMES VARIANCE AND
CONDITIONAL USE PERMIT
(e) BANK OF THE COMMONWEALTH RECONSIDERATION OF CONDITIONS
(f) CITY ZONING ORDINANCE Resolution/Section 102(b) 3
re replacement of certain
official zoning maps
AMEND/REORDAIN
Section 1403 - Wetlands Zoning
Section 1603 - Coastal Primary
Sand Dune
- 28 -
Item V-1.1.a.
PUBLIC HEARING
PLANNING ITEM # 34093
Attorney Mark Williamson, 917 Weeping Willow, represented the applicant
Upon motion by Counci Iman Brazier, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of TIDEWATER PSYCHIAIRIC INSTITUTE, INC.
for a Conditional Use Permit
CRDINANCE UPON APPLICATION OF TIDEWATER PSYCHIATRIC
INSTITUTE INC. FOR A CONDITIONAL USE PERMIT
R02911354
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Psychiatric
Institute, Inc. for a Conditional Use Permit for
the expansion of a hospital on certain property
located at the southwest intersection of Will-0-
Wisp Drive and Lindsley Drive. The parcel Is
located at 1701 Will-O-Wisp Drive and contains 7
acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The applicant is to adhere to the landscape plan
which was presented to the Planning Commission and
Is on file In the Planning Department.
2. A Best Management Practice facility must be
Incorporated Into the final site plan.
Infiltration trenches under pavement shal I not be
allowed.
Thi s Ordinance shal I be etfective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twelfth
day of February., Nineteen Hundred and Ninety-One.
Voting: 11-0
Councll 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. McCi anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item V-I.l.b.
PUBLIC HEARING
PLANNING ITEM # 34094
Judge Robert L. Simpson, Sr. , 209-60 Street, Phone; 428-3926, owner of the
property.
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council APPROVED an amendment of Condition Number Five in the application of
TIDEWATER LUBE VENUTRES, INC. for a Conditional Use Permit (APPROVED December
11, 1990)
ORDINANCE UPON APPLICATION OF TIDEWATER LUBE
VENTURES, INC. FOR A CONDITIONAL USE PERMTT FOR AN
AUTOMOBILE REPAIR ESTABLISHMENT (JIFFY LUBE)
R012901351
Ordinance upon Application of Tidewater Lube
Ventures, Inc., for a Conditional Use Permit for an
automobile repair establishment (Jiffy Lube) on the
west side of General Booth Boulevard, 350 feet
north of Dam Neck Road. The parcel is located at
1557 General Booth Boulevard and contains 18,120.96
square feet. PRINCESS ANNE BOROUGH.
Condition 5 shall be AMENDED:
The applicant has agreed to negotiate with the adjoining shopping
center and attempt to develop a cross access easement. Tf there is
an access point on General Booth Boulevard, the applicant shall
provide a turn lane, as discussed in the Formal Session of December
11, 1990. If the applicant is relying on internal access through the
shopping center, this is a moot point. The cost of a right turn lane
shall be distributed on a fair basis among those property owners
using it. A right turn lane shall be installed at the time the
properties adjacent to the North develop. Tf the subject site
develops prior to the properties to the North, the applicant shall
bond for his fair share of a right turn lane serving subject
property.
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 V-1.1-c-
PLIBLIC HEARING
PLANNING ITEM # 34095
Sam Moore, 1017 Brandon Road, Manager of the Princess Anne Country Club,
represented the applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED an Ordinance upon application of PRINCESS ANNE COUNIRY CLUB for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE PRINCESS ANNE
COUNTRY CLUB FOR A CONDITIONAL USE PERMIT FOR A
RECREATION FACILITY OF AN OUTDOCR NATLRE R02911355
BE IT HEREBY CRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the Princess Anne
Country Club for a recreational f ac i II ty of an
outdoor nature on certain property located at the
southeast I ntersecti on of Hol I y Road and W. Ho] I y
Road. The parcel contains 10,575 square feet.
VIRGINIA BEACH BCROUGH.
The following conditions shall be required:
1. Right-of-way reservations are required along Holly
Road and Sea Pines Road to provide for standard
50-foot rights-of-way. Approxlmately 10 feet of
right-of-way will be required.
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 Twelfth
day of February, 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. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Gouncil Members Voting Nay:
None
Council Members Absent:
None
Councilman Sessoms DISCLOSED pursuant to Contlict of Interests Act, Section
2.1-639.14(G), Code of Virginia, he is a Member of the Princess Anne Country
Club. Councilman Sessoms Is able to participate in the transaction fairly,
objectively, and in the public Interest. Councilman Sessoms' letter of February
11, 1991, Is hereby made a part of the record.
809 GREENTREE ARCH
WtLLIAM D, SESSOMS. JR VIRGINIA OFACH. @RGINIA 23451
COUNCILMAt4-AT-LARGE (804) 455-5732
February 11, 1991
Mrs. Ruth Hodges Smith, CMC/A-AE
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) I 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
conditional use permit application of the Princess Anne
country club.
2. I am a member of the Princess Anne Country Club,
3. i will not realize any direct or foreseeable financial
benefit or detriment as a result of this transaction.
4. 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 from Leslie L. Lilley, City Attorney, which
addresses this same matter.
Thank you for your assistance and cooperation in this matter.
sincerely,
w. D. Sessoms, Jr.
councilman
WDSjr/awi
Enclosures
LESL EL L@LLEY UN CIPAL CENTER
C T' ATTOR@EY V RGI@ BEICH VA 23456 9004
(BN) 127 4531
FA@ (BO@) @26 5687
February 11, 1991
Councilman W. D. Sessoms, Jr.
Municipal Center
virginia Beach, VA 23456
Re: Conflict of Interests Opinion
Dear Councilman Sessoms:
I am writing in response to your request for an opinion
regarding your ability to participate in the Council consideration
of the conditional use permit application of the Princess Anne
Country Club scheduled for the February 12, 1991 meeting of the
City Council.
Summary/Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in the transaction
of the Virginia Beach City Council concerning the conditional use
permit application of the Princess Anne Country Club or in the
request of Princess Anne Country Club for modification of a non-
conforming use. Thus, you are permitted to participate in this
matter without restriction. For your information, I have outlined
the disclosure requirements of Section 2.1-639.14(G) should you
desire to disclose your relationship and vote; I have also set
forth the applicable provisions for abstention set forth in Section
2.1-639.14(E), should you choose not to vote.
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.
Councilman W. D. Sessoms, Jr. -2- February 11, 1991
Facts Presented,
Your request for an advisory opinion is generated by the
Council's consideration of a conditional use permit application of
scheduled on the February 12, 1991
the Princess Anne Country Club uesting a
city Council agenda. Princess Anne Country Club is req
conditional use permit for a recreational facility of an outdoor
utheast corner of Holly Road and W.
nature to be located at the so
Holly Road, and a modification of a nonconforming use, i.e.,
perinission to modify the nonconforming country Club facility.
You have advised that your concern, and reason for requesting
this opinion, is that you are a member of the Princess Anne Country
Club. You have further advised that you receive no salary or other
compensation from the Club, own no equity interest in the Club, and
do not assume any liability on behalf of the Club.
Discussio-.
I.
A. City Council is a governmental agency, as it is a
legislative branch of local government as defined in SS 2.1-639.2
of the Virginia State and Local Government Conflict of Interests
Act.
B. You are an officer within the meaning of SS 2.1-639.2 of
the above-referenced Act.
c. council consideration of an 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.
D. "Personal interest" is defined in SS 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 exceeds 3% of the
asset value of the business.
Councilman W. D. Sessoms, Jr. -3- February 11, 1991
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.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified
categories, as noted above in the definition of "personal
interest". specifically, my review of those categories and the
facts indicate that with respect to the Princess Anne Country Club;
you do not own any interest in the Club; you do not have any income
from the Club; you do not own affected real or personal property
which interest exceeds $10,000.00 in value; nor do you have any
personal liability incurred or assumed on behalf of the Club.
Therefore, I have reached the conclusion that you do not have a
personal interest based on your membership in the Club as defined
by the Conflict of Interests Act.
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above;
therefore, you cannot have a "personal interest in the transaction"
under the definition of the Act.
III. Prohibitions and Disclosure Requirements
Based on the fact that you have no personal interest in the
Council's consideration of the conditional use permit application,
you are not disqualified from participating, nor are you required
to disclose. If you are concerned that your participation as to
this matter may create some appearance of impropriety because of
your membership in the Club, 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.
Councilman W. D. Sessoms, Jr. -4- February 11, 1991
Should you decide to declare your interest and vote, a
proposed disclosure letter which complies with Section 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, who shall retain
and make this document available for pUbliC inspection for a period
of five years from the date of recording or receipt.
if you should desire to abstain from voting, Section 2.1-
639.14(E) provides that in such instances, the officer shall
forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
As a final note to any conflict of interests opinion, section
2.1-639.18(C) provides that a written opinion of the it Attorne
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 Com
t@torney as the enforcing officer of the COIA, provides immun ty
from any alleged violation. If you choose to seek an opinion of
the Commonwealth's Attorney, I will be pleased to assist you in
that regard.
Please contact me should you desire any additional
information.
Very truly yours,
@@CR
Leslie L. Li
City Attorney
LLL/EEF/awj
Enclosure
- 31 -
item V-1.1.d.
PUBLIC HEARING
PLANNING ITEM # 34096
Delmas James, 2940 Sandfiddler Road, Phone: 426-7080, the applicant
Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Brazier, City
Counci I APFROVED the appi i cation of DELXAS E. AND KAREN L. JAMES for a
Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots
created by subdivi son to meet al I requi rements of the City Zoning Ordinance;
and, ADOPTED an Ordinance upon for a Conditional Use Permit:
Appeal from Decisions of Administative Officers In
regard to certain elements of the Subdivision
ordinance, Subdivision for Delmas E. and Karen L.
James. Property Is located at 4233 Charity Neck
Road. PUNGO BOROUGH.
A N D,
CRDINANCE UPON APPLICATION OF DELMAS E. AND KAREN
L. JAMES FCR A CONDITIONAL USE PERMIT FOR A
SINGLE-FAMILY DWELLING R02911356
BE IT HEREBY CRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Delmas E. and Karen
L. James for a Conditional Use Permit for a single
family dwelling on the AG-1 Agricultural District
on the west side of Charity Neck Road, south of Gum
Bridge Road. The parcel Is located at 4233 Charity
Neck Road and contains 10 acres. PUNGO BCROUGH.
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 Twelfth
day of February, 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. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item V-1.1.e.
PLIBLIC HEARING
PLANNING ITEM # 34097
The Mayor referenced I etter dated Feburary 11 , 1 991 , f rom Duncan W. J. Bel I
Jr. President of the Lake Christopher Association, advising of opposition to
the overall development of the southeast corner as a large shopping center.
The Lake Christopher Board of Directors is interested In working with
developers to define a use for this land, particularly the Cross and Ferris
properties, that would be satisfactory to all parties. Said letter Is hereby
made a part of the record.
Pete Birkhimer, 3351 Stoneshore Road, Phone: 468-6800, represented the
applicant
Upon motlon by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council APPROVED WAIVER OF CONDITIONS in the applications of BANK OF THE
COMMONWEALTH for a Change of Zoning of two parcels from R-6 Residential
District (now R-7.5) and 0-1 Office District (now 0-2) to B-2 Community
Business District. Properties are located at 1426 and 1436 Kempsville Road.
APPROVED March 26, 1984 as:
CRDINANCE UPON APPLICATION OF FENNER V. WOOLARD,
JR., JOHN E. GREEN, JR., AND JUNE C. (REEN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-2 Z0384841
ORDINANCE UPON APPLICATION OF JAMES H. REYNOLDS FCR
A CHANGE OF ZONING D[SLRICT CLASSIFICATION FROM 0-1
TO B-2 Z0384842
The following conditions are WAIVED:
1. lngress and egress shal I be llmited to two curb
cuts on each major road.
2. Vacation of lot lines.
The following conditions shall be required:
1. The only access to the subject parcels shall be via
the existing curb cut on the 0-2 zoned parcel which
is aligned with the existing median opening. Cross
access shall be provided between these parcels, the
single family home site to the North and the B-2
parcel to the South.
2. A right turn lane Is required at the existing curb
cut. Right-of-way may be required to meet this
condition.
3. A one-foot no ingress/egress easement shall be
provided along the subject parcel's Kempsville Road
frontage except at the existing curb cut on the 0-2
parcel.
4. A 15-foot buffer with Category IV landscaping,
centered no closer than 7-1/2 feet from the
property line, Is required along the parcel
Immediately North which is now used as a single
fami I y resi dence. The buffer shal I remain for so
long as the adjoining household remains In
residential use.
- 33 -
Item V-1.1.e.
PUBLIC HEARING
PLANNING ITEM # 34097 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Ba un, 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
34
Item V-1.1.f.l-
PUBLIC HEARING
PLANNING ITEM # 34098
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution of the City of Virginia Beach in
accordance with Section 102(b) (3) of the City
Zoinig Ordinance to replace certain official zoning
maps without change in the official zonlng
designation.
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
A PI-MlVrION OF 'IIIE CM OF VIRGINJA BFACII
IN ACOORDANCE WIMI SFVIION 102 (b) (3)
OF lItE CM 70NING ORDINANCE 'M RFT'fACF,
CFJZVAIN OFFICTAT, 70NINC, MA@, Wl'llnfr CIIANCE
IN Ilfr@ OFT'ICTAL 70NINC, D@. IGNA'UON
WITEREAS, the Ci-ty of V@i.nia @di Pl.aniiinci Departxp-nt is prepired
to proceed with the terization of Uie depirtxent'r, m-ipping --;y.-;tem, and
WITMFAS, the first step in this pror-ess involve--- the rppla@t
of the official hand-Arafted zotiincj mps wi.tli ca"ter getierated 7oning
mM, and
M 13, Uie City has @-n divided into three phases and eid,
Oin.@ will be forwardeci to the City Council for acloption UPC)N @letion, anci
MIFRFAS, Jiiir@- II con-@.isting of tlie micldle portion of tlie ci.ty
@,aring grid nt@rs A 6-10 thr@h N 6-1@O is currently ready for adoption,
NOW, 7itME-MRE, BE rP RM1,Vr.D BY 111E MMCIT, OF 'niE Crw OF
@INIA BFA(31, @INIA, TTIAT:
Fliase IT of the cmwterized zoning 7mps be;irii-q cjrid numbers A 6-
10 throLKfii N 6-10 are he-reby adopted as the official zoning n-Aps of tlie City
of Virgi.nia Beach and --,Iiall replace ttiose mps with like grid numbprs which
were in effect prior to this datp.
Adoptecl by the Cotincil of the Cit-@y of V-i@ini.a Bea@, Virgini.a, on
Uie 12th day of February 1991.
50a
ZONING MAP IMPLEMENTATION PHASES
AB C DE l' G HI J KI, MNO P OlkS
2
PHASE 1
(Adopted 8/21/90)
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7
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item V-1.1.f.2 a/b..
PUBLIC HEARING
PLANNING ITEM # 34099
Upon motion by Vice Mayor Fentress, seconded by Counci Iman BaLFn, City Counci I
ADOPTED-.
Ordinances to AMEND and RECRDAIN:
(a) Section 1403 of the Wetlands Zoning Ordinance re
applications for permit5 for the use or
develolynent of wetlands.
( b) Section 1603 of the Coastal Primary Sand Dune
Zoning Ordinance re appl !cations for permits for
the use or alteration of coastal primary sand
dunes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION
2 1403 OF THE WETLANDS ZONING ORDINANCE, PER-
3 TAINING TO APPLICATIONS FOR PERMITS FOR THE
4 USE OR DEVELOPMENT OF WETLANDS
5 BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 1403 of the Wetlands Zoning ordinance,
8 pertaining to requirements for applications for the use or
9 development of wetlands, be, and liereby is, amended and reordained,
and shall read as follows:
11 Sec. 1403. Applications for permits.
12 (a) Any person who desires to use or develop any wetland
13 within this city, other than for those activiti-es specified in
14 Section 1402 above, shall first file an application for a permit
15 with the wetlands board directly oi. throiigh the commission.
16 (b) An application shall be acconipanied by pl.ans and other
17 data in reference to the proposed tise or development. Plans shall
18 be prepared, stamped and endorse(i stich qualified.
In licensed to practice in the Cominonweal.th of Virginia as the ci!a
20 engineer may require; provided, liowever, tllat this requirement may
21 be waived if, in the judgment of tl-ie city engineer, the natlire of
22 the work to be performed renders i.t linnecessary- An applicati.on
23 shall include the followi.ng: The iiame and address of the
24 applicant; a detal.led descriptioti of the proposed acti.vity and a
25 map, drawn to an appropriate an(i iini.forin sca:l.e, sliowing tlie area
26 of wetland directly affected, (:lie locat@Lon of the proposed
27 work thereon, indicating the area of exi.sting and proposed fill and
28 excavation, especially the locatic)n, widtli, depth an(] lengtti of any
29 proposed channel and the disposa.1 ai@ea; all existi.ng and proposed
30 structures; sewage collection an(] treattyient faci.lities, titility
31 installations, roadways, and other related appurtenances or
32 facilities, including those on adjacent uplands, and the type of
33 equipment to be used and the means of equipment access to the
tivity site; the names and addresses of C)wners of record of
34 ac
35 adjacent land and known claimants of water rights in or adjacent
36@ to the wetland of whom the applicant has notice; an estimate of
dary purposes
37 cost; the primary purpose of the pro]ect; any secon
38 of the project, including further projects; the public benefit to
39 be derived from the proposed project; a complete description of
40 measures to be taken during and after the alteration to reduce
41 detrimental off-site effects; the completion date of the proposed
42 work, projectr or structure and such additional materials and
43 documentation as the wetlands board or cit ineer may deem
44 necessary.
45 (c) A nonrefundable processing fee to cover the cost of
46 processing the application-r shall be charged in the amount of
47 seven-tenths of one (.7) percent of the total construction value
48 of the permit item for commercial applications with a minimum fee
49 of two hundred dollars ($200.00) and a maximum fee of two thousand
50 five hundred dollars ($2,500.00) and one-quarter of one (.25)
51 percent of the total construction value of the permit item for
52 residential applications with a minimum fee of one hundred dollars
53 ($100.00) and a maximum fee of one thousand dollars ($1,000.00).
54 These fees shall apply to original applications, re-applications
55 and requests for variance approval after the fact.
56 Adopted by the City Council of the City of Virginia
57 Beach, Virginia, on the - 12 day of Fc,@uary 1991.
58 CA-3996
59 \ordin\proposed\45-1403.pro
60 R-1
2
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION
1603 OF THE COASTAL PRIMARY SAND DUNE ZONING
2 ICATIONS FOR
3 ORDINANCE, PERTAINING TO APPL
4 PERMITs FOR THE USE OR ALTERATION OF COASTAL
5 PRIMARY SAND DUNES
6 BE IT ORDAINED BY THE' CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That section 1603 of tlie Coastal Primary Sand Dune Zoning
9 ordinance, Pertaining to requirements for applications for the use
10 or alteration of coastal primary sand dunes, be, and hereby is,
ii amended and reordained, and shall read as follows:
12 Sec. 1603. Applications for permits.
13 Any person who desires to use or alter any coastal primary
14 sand dune within the City of Virginia Beach, other than for those
15 activities specified in Section 1602 herein, shall first file an
16 application for a permit with the wetlands board at the office of
17 the city engineer in accordance with
18 re 1- @ed
19 Section 1403 of the Wetlands Z ce. The
10 wetlands board may establish a proccssing fee in accordance with
21 section 4 of section 62.1-13. 5 of the Code of Virginia. No person
22 shall be required to file two (2) separate applications for
23 permits, if the project to be undertaken would require that a
24 permit be filed in accordance with Section 62.1-13.5 of the Code
25 of virginia as well as this article. Under such circumstances, the
26 fee accompanying the application rcqliired by Section 62.1-13.5
27 sball also be the fee for the ptirpose of this article.
28 Adopted by the City cotincil. of the City of vi.rginia
29 Beach,.Virginia, on the 12 day of _ February 1991.
CA-4022
31 ordin\proposed\45-1603.pro
32 R-1
- 36 -
Item V-J. 1.
LINFINISHED BUSINESS ITEM # 34100
Counci lman Baum referenced the Tentative Schedule for the Second Round of
Public Information Workshops concerning water quality In the City's SoLFthern
Watersheds. Counci Iman Baum advised of the poor attendence during the First
RoLmd of Public Information Workshops.
March 5, 1991 Council Chambers -
City Council Briefing
March 7, 1991 7:30 P.M. Creeds Elementary
Public Information Workshop
March 21, 1991 7-.30 P.M. Marine Science Museum
Public Information Workshop
March 27, 1991 7:30 P.M. Council Chambers
Public Information Workshop
- 37 -
Item V-J. 1.
UNFINISHED BUSINESS ITEM # 34101
LABOR DAY 1991
Mayor Oberndorf referenced the report of LABORFEST 1990 prepared by the Labor
Day Community Coordination Committee Co-Chairs Harrison Wilson and Andrew Fine,
and a document identifying policy issues for LABOR DAY 1991 compiled by the
Mayor, the City Manager and C. Oral Lambert. Dr. Wilson and Mr. Fine suggested
the appeal of the Labor Day Weekend be broadened and a festival area created
which might acommodate crowds or sell tickets for daily attendance. The
Volunteer "Gold Patrol" and the Chaplains added a positive atmosphere of
welcome to LABOR DAY 1990. A volunteer group representing every ethnic and age
group was also recommended.
Council Members Lanteigne and Sessoms referenced the letter of Linwood Branch
- President of the Hotel and Motel Association, and the accompanying Mission
Statement. Said letter dated February 7, 1991, is hereby made a part of the
record. The Virginia Beach Hotel and Motel Association officially requests City
Council approval to enact a one-half percent sales tax on hotel rooms for a
one-year period and to dedicate thirty-five percent of the recently imposed
solid waste "tipping" fee to fund an Events Program. The Virginia Beach Events
Unlimited would be the official body through which these funds would be
managed. Labor Day, Fourth of July, and the Memorial Day Weekends might all be
recognized as special events. This might be a summer season of theme weekends.
All major Holidays might be treated the same.
Councilman Clyburn believed there should be an ongoing program of entertainment
year 'round.
If the City were to fund a portion of the proposal of the Hotel/Motel
Association, specific guideance should be provided. City Council should not be
the one to perputate events. The City could provide safety and traffic control.
There should be a private entity to coordinate the activities, so the City is
not directly involved.
The City Manager advised the program involving the Chaplains working with the
Police Department will continue as it has proven to be successful.
The City Manager will SCHEDULE a BRIEFING relative the Hotel/Motel Association
and the Virginia Beach Events Unlimited concept.
38 -
Item V-K. 1
NEW BUSINESS ITEM # 34102
Gi les Dodd, Assistant City Manager for AdmIn i stration, referenced the INTER IM
FINANCIAL STATE)4ENT - July 1, 1990 - December 31, 1990.
Gi I es Dodd advised at the end of December, the Revenues were down about 5.3% or
approximately $9,200,000. The Expenditures and Incumbrances were down about
8.7% below the appropriation or approximatly $10,300,000.
In the School Operating Fund, the Revenues were ahead by approximately $500,000
and Expenditures were ahead of previous years by approximately $130,000.
- 39 -
Item V-L. 1
ADJOURNMENT ITEM # 34103
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 6:55 P.M.
B. I O.Cok@/
Chief Deputy City Clerk
R h Hodg@. Smth, CMC
City Clerk
City of Virginia Beach
Virginia
February 12, 1991