HomeMy WebLinkAboutJANUARY 15, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
JANUARY 15, 1991
ITEM I. COMPREHENSIVE PLAN WORKSHOP - Conference Room - 9:00 AM
ITEM II. COTINCIL CONFERENCE SESSION - Conference Room - 12: NOON
A. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Mary Kay Horoszewski, Executive Director
ITEM III. CITY COUNCIL CONCERNS - Conference Room - 12:30 PM
ITEM IV. L U N C H - Conference Room - 1:00 PM
ITEM V. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS To EXECUTIVE SESSION
ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend David Page
Carrow Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 8, 1991
G. PRESENTATION
1. Dr. S. John Davis
Interim School Superintendent
H. PUBLIC HEARINGS
TAX EXEMPT STATUS:
1. VIRGTNIA BEACH COMKUNITY DEVELOPMENT CORPORATION
2. VIRGINIA BEACH FOUNDATION (DeWitt Cottage)
I. RESOLUTIONS/ORDINANCES
1. Resolution supporting legislation re real and personal property
owned by Virginia Beach Community Development Corporation being
exempt from state and local taxation.
2. Resolution supporting legislation re real and personal property
owned by The Virginia Beach Foundation, Inc. being exempt from
state and local taxation.
3. Resolution reaffirming City Council's support of the concept of a
Regional Jail and requesting The Hampton Roads Planning District
Commission pursue the planning of such a facility; and, the City
will make available $164,796 (previously transferred) as their
share of the next phase of this investigation.
4. Resolution requesting the General Assembly extend the Certificate
of Public Need program as a method to control the rapidly
escalating increased costs for health care; and, eliminating the
SUNSET provision in the enabling Act.
5. Resolution directing the City Manager and City staff, and inviting
the School Administration to jointly review, evaluate and make
recommendations to reduce costly duplication of services, currently
existing between the City and School Administration.
6. Resolution requesting the Virginia Department of Highways and
Transportation proceed with advanced right-of-way acquisition of
property owned by John R. Potter, et al., for First Colonial Road
Phase III, (CIP 2-833).
7. Resolution authorizing acquisition of property in fee simple for
right-of-way and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or condemnation, to
construct the required right turn lane on Holland Road for Parkside
Creen, formerly Hartford Glen.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 23-2 of the Code of the
City of Virginia Beach, Virginia, re curfews.
2. Ordinance to TRANSFER $125,000 within Waste Management Division's
FY 1990-1991 Operating Budget re extension of solid waste services
contract.
3. Ordinances authorizing tax refunds in the amount of $13,619.33.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1/10/91 gs
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Item VI-F.l.
MINUTES ITEM # 33962
Upon motion by Councilwoman McClanan, seconded by seconded by Councilman
Sessoms, City Council APPROVED, AS AMENDED the Minutes of INFORMAL AND FORMAL
SESSIONS of January 8, 1991.
Page 28, ITEM # 33935
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION
FROM R-5D to @l A-12 (AS MODIFIED) Z01911295
The following condition shall be added:
2. The applicant has agreed to have the final plan
reviewed by Councilwoman McClanan and the
officers of the Landstown Lake Civic League.
*Letter from R. G. Moore is hereby made a part
of the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
M I N U T E S
VIRGINIA BEACH CITY COUNCFL
Virglnla Beacii, Vlrglnla
January 15, 1991
Mayor Meyera E. Oberndorf called to order the COUNCIL CONCERN SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, January 15, 1991, at 9:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fen.tress, Harold
Heischober, Paul J. La:nteigne, Reba S. McClanan,
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Louis R. Jones (OUT OF TOWN ON BUSINESS)
William D. Sessoms, Jr. (ENTERED: 10:12 P.M.)
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CONCERNS OF THE
9:00 A.M.
ITEM # 33947
MAYOR
Mayor Oberndorf advised Councilman Louis Jones would not be in attendance, as
he was out of town on business.
Mayor Oberndorf advised she had represented the National League of C~ties (NLC)
and the Public Technology, Inc. (PTI) at a meeting in London, England, with the
International Council for Local Environmental Initiatives (ICLEI) January Tenth
through January Thirteenth. This was an invigorating and exciting meeting. In
May 1990, local officials throughout the World met at the United Nations
concerning sharing information and technology for protecting the environment.
There were a number of Third World nations represented. The Governor of the
Province of Manila, Philippines; representatives from Zimbabwe and Zambia;
representatives from the Center for Innovative Development in California (CID),
representatives from Finland, Norway, England, the United States and Canada
were in attendance. Local Officials are interested is "twinning" with other
sister municipalities in addition to setting up the international network of
information. "Twinning" is defined simply as sharing accomplishments in
technology. The group focused, not only on environmental initiatives, but also
responsible economic development. Obviously, the Third World nations need to
strike a balance along with the rest of the World to provide jobs and housing.
A representative from a a city in Brazil discussed her municipality and the
responsibilities of providing services for TWELVE-MILLION people in one city
with the related costs and water pollution problems. There were members in
attendance representing the Eastern European Block as well as the Arab Nations.
The International Union of Local Authorities (IULA), which is similar to the
International League of Cities, will meet in Oslo, Norway, in June 1991.
National differences become very insignificant based on the desire of most of
the elected leaders to move for the survival, not only of their own Nations and
cities but others as well.
Mayor Oberndorf rode the public transportation system ("the tube"), London's
train, which is remarkable.
January 15. lOq]
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ITEM # 33948
Mayor Meyera E. Oberndorf called to order the COMPREHENSIVE PLAN WCRKSHOP of
the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Tuesday, January 15, 1991, at 9:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Louis R. Jones (OUT OF THE CITY ON BUSINESS)
William D. Sessoms, Jr. (ENTERED: 10:12 A.M.)
Mayor Oberndorf had to leave (9:30 A.M.) to attend the "GRAND PRIX" Press
Conference at the Pavilion. Vice Mayor Fentress presided for the Workshop.
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COMPREHENSIVE PLAN WORKSHOP
9:30 A.M.
ITEM # 33949
Robert J. Scott, Director of Planning, presented the overview of the
COMPREHENSIVE PLAN.
On December 12, 1990, the C04PREHENSIVE PLAN was recommended for approval by
the Planning Commission. The Planning Commission has reccxnmended a series of
two documents: The COMFREHENSIVE PLAN 1990 DRAFT and AMENDMENTS. All of this
material will be compiled Into one doclrnent. According to State Law, the City
Counci I must within 90 (ninety) days, APPROVE, AMEND or REFER the PLAN BACK TO
THE PLANNING COMMISSION FCR FLRTHER REVIEW SPECIFYING CERTAIN TOPICS.
Mr. Scott displayed maps: The proposed land use map recommended by the Planning
Commission displaying proposed cornmercial, industrial and residential areas
with accompanying densities; the existing land use map of the northern area of
the City with location of existing residential (yellow), commercial (rod),
office (purple), Industrial (gray) and cultural areas (green); and, a map
depicting undeveloped areas north of the GTEEN LINE coded by present zoning
categories. Yellow areas are zoned residential, red areas are commercial, green
areas are agriculture, gray areas are Industrial, purple areas are zoned
office. A map depicting the CIP roadway projects was also displayed. The
Planning Commission has strived toward moving the COMPREHENSIVE PLAN and the
CAPITAL IMPROVEMENT PROGRAM closer together to compliment one another more
effectively. The roads shown In yellow are basically under construction at the
present time: Northampton Boulevard, General Booth Boulevard, Dam Neck Road.
Orange reflects roads programmed in the next year. Basically the orange, red,
green, light blue and dark blue constitute the 5-year CIP APFROVED FROGRAM. The
dotted line represents the out years (6 through 10). The Planning Commission
believes this map must be considered a basis for working with the recommended
Land Use Pattern. Great emphasis must be given relative the location of
anticipated roadway capabilities in the tuture.
Mr. Scott depicted theOVERVIEW OF THE COMPREHENSIVE PLAN by the utilization of
slides:
COMPREHENSIVE PLAN
City's Official Statement of Policy on growth and
development.
Required by State law
Prepared by the Planning Commission
Under State Law must be reviewed once every 5
years.
Status as a Guide.
NINE STUDY AREAS
City has been divided Into 9 Study Areas: Pungo,
Blackwater, Courthouse-Sandbridge, Holland,
Kempsville, Bayside, Little Neck, Great Neck,
Oceanfront and Bayfront. These study areas follow
statistical and census tract lines rather than
Borough Lines. These same 9 study areas have been
utilized since 1979.
5
COMPREHENSIVE PLAN WCRKSHOP
ITEM # 33949 (Continued)
Mr. Scott depicted a graph showing the pace of development since 1974 In terms
of housing units bui It. There was a fairly constant level of growth until 1982
when the City went through 4 years of extremely high growth. This has
diminished considerably at the present time. The level of development activity
has been reduced considerably; however, It has backed down to the levels prior
to the big growth booms In the early eighty's. A chart displayed the population
estimates at three different points. The red line of bars indicates the
population of the various study areas at the 1980 census. The light blue
reflects the 1990 estimate and the black are the projects believed to be In
place In 1994. The Holland and Kempsville areas have been the fast growing
areas In the 1980ts and will continue but the Increase will not be as high. The
areas of high increased growth will be in Courthouse-Sandbridge. Areas, such as
Bayside, have exhibited a fairly stable growth. As per the request of City
Council, Mr. Scott will provide figures representative of the shift in
densities.
Mr. Scott presented a series of photographs emphasizing the change In the City
during the last ten years.
Three very Important land use issues were discussed t considerable length:
Urban Land Use Green Line
Infill-Conditional Zoning Supply of Housing and Land
Shorter Trips Adequacy of Facilities - North
Commercial Consolidation Adequacy of Facilities - South
No Neighborhood intrusion Ability to Support Areas with Roads
Fiscal Considerations
Innovative Financing Mechanisms
Creation of Transitional Area for
Economic Expansion
Rural Land Use
Repeal 20-Acre Overlay
Create New Zoning Regulations
Reliance on Conditional Use Permits
Return to Basic Density Levels
Environmental Protection
Agricultural and Open Space Preservation Clustering
Phasing of Development
Mr. Scott displayed graphs reflecting New Development In 1989. Sixty-nine (69%)
percent of the land was developed for residential purposes, Seven (7%) percent
for commercial, Seven (7%) percent for office, 2% percent for Industrial and
fifteen (15%) percent for PSI. PSI Is defined as Public/Semi-Public and
Institutional (Schools, churches, governmental facilities). Mr. Scott displayed
a graphic depicting Existing Land Use Acreage, north of the GREENLINE:
Residential 57%, Business - 7%, Public - 10%, Undeveloped - 27%, and
Agricultural 1%.
Mr. Scott displayed a photograph of the Baxter Road Flyover at rush hour.
Approximately all the cars are returning horne to Virginia Beach from working or
visiting other Cities. Photographs of a rural road, which carried approximately
15,000 cars per day, and Holland Road at the Corner of Rosemont a few years ago
were displayed. Locations of severe constraint along rural roadways was
identified. It is not sufficient to develop a good circulation system in the
Northern part of the City and a good circulation system in the middle part of
the City without paying attention to how the two systems connect. Mr. Scott
believed the two road systems connect at the present time basically at two
points: (1) In front of the Kellam and Eaton store and (2) By the 7-Eleven
Store adjacent to the Nimmo Church.
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CCMPREHENSIVE PLAN WCRKSHOP
ITEM # 33949 (Continued)
Mr. Scott referenced functional areas of the COMPREHENSIVE PLAN:
PARKS AND OPEN SPACE
Adjust Subdivision Ordinance
Remedial Actions In Targeted Areas
Acquire Environmentally Sensitive Areas
Conditional Zoning
Cluster and Open Space Development
ECONOMIC DEVELOPMENT
In accord with 70/30 Ratio
Infill Development Strategy
Economic Development Strategic Plan
Arterial Highway Network
Southeastern Expressway
Agricultural Preservation
Expanded Airport Facilities
Four-year University
CBC Development
Resort Area Revitalization
Transitional Area
Transportation and Economic Development Policies are closely Intertwined. An
important adjustment was made a few years ago when the Capital Improvement
Program was restructured to concentrate on arterial highway construction.
TRANSPORTATION
Emphasize Arterial Network
Amendments to MSHP
Southeastern Expressway
Use of TSM's
Manage Intersections
Promote Alternate Methods of Transportation
Rural Roadway Needs
One of the most Important sections of the Plan entails Housing: Diversity,
Affordability, Special Housing needs and Aging Stock. Mr. Scott displayed the
Chart depicting:
NEW HOUSING UNITS BUILT IN 1989
57% - single-family
2% - duplex
35% - multifamily
6% - townhouses
In 1988, 45% of the houses built were single-family and 35-36% were for multi-
family. In 1987, less than 1/2 of the houses bui It were single-family. There
appears to be a trend as the construction of single-family homes is lessening.
Information wl 11 be provided relative capita-income and the values of the
housing as equated to housing stock.
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COMFREHENSIVE PLAN WCRKSHOP
ITEM # 33949 (Continued)
Mr. Scott displayed a chart depicting housing units thirty years and older.
Year Units 30 + years old %
of Population
1990 17,000 12%
2000 44,000 26%
2010 86,000 40%
2020 130,000 64%
The components of a "good looking" City, aesthetics, wil I continue to be of
more importance.
AESTHETICS
Infill Strategy - Conditional Zonlng
Establish Design Standards
Landscaping and Tree Protection
Public Art
Design Awards
Roadway Buffering - Parkways
Municipal Projects
Scenic Waterways
Design Review Committee
City Council suggested an Ordinance concerning a time limit for the old non-
conforming signs should be adopted.
The Historical Review Board would like to make suggestions to the Planning
Corrrnission relative adjustments to the boundaries of certain historic districts
now existing In the City and possibly nominate additional districts for the
consideration of the Planning Commission and City Councl 1.
HISTCRICAL PRESERVATION
Add New Historic and Cultural Districts
Develop Design Criteria tor Each District
Adjust Boundaries of Existing Districts
Inventory and Catalog Other Older Structures
Create Higher Profile for our Historic Past
Topics concerning Transportation, Conditional Zoning, Economic Development and
Transition wi 11 be discussed during the January 22, 1991,WCRKSHOP.
8
ITEM 33950
Mayor Meyera E. Oberndorf RECONVENED the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on
Tuesday, January 15, 1991, at 12:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis Jones (OUT OF THE CITY ON BUSINESS)
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C 0 UN C I L C ON FE R EN C E S E S S I ON
VIRGINIA BEACH COMMUNITY DEVELOPMENT CCRPORATION
12:00 NOON
ITEM # 33951
Flora M. Haynie, Member - Virginia Beach Cornmunity Development Corporation -
read Into the record letter from Charles M. Reynolds, Jr. - President -
Virginia Beach Community Development Corporation, apologizing for being unable
to attend the Presentation. Said letter is hereby made a part of the record.
Mary Kay Horoszewski, Executive Director, with the utilization of slides,
presented Information relative VIRGINIA BEACH COMMLYNITY DEVELOFMENT
CCRPCRATION, which Is non-profit and devoted to providing atfordable housing
opportunities. The first graph depicts the Distribution of Contributing Funds
totaling $5,412,751.
37% $2,013,000 VHDA
27% $1,464,334 HUD-THP
14% $745,000 Private Construction
3% $136,899 Other
3% $141,750 Operating
4% $194,468 LMIHOP
5% $285,367 CDBG-THP
8% $431,933 Mortgages
Mrs. Horoszewski displayed the Current and Proposed FY 1991-92 VBCDC Staffing
Levels. The Current Staff Salary Levels are $189,100 with the City paying 49%
and the proposed Staff Salary Levels are $282,230 with the City paying 52%.
Mrs. Horoszewski referenced the graph depicting the VBCDC Rental Units
(Transitional Housing Program). In 1990, the Corporation managed 34 units. Six
of these are owned by the Corporation. Four of the units are leased from the
City of Virginia Beach, and the other units are leased frorn the Department of
Housing and Urban Development. This Transitional Housing Program also provides
support services which include uti lity, day care, transportation and education
assistance. Many of the residents are attending college to Improve their
financial position and become self-sufficient. Mrs. Horoszewski displayed
photographs of the Christmas Party for residents of the Transitional Housing
Program.
Mrs. Horoszewski referenced the VBCDC LMIHOP Chart depicting the cumulative
number of units. This is a Low and Moderate Income Home Ownership Program and
by the end of this Fiscal Year FY 1990-91, thirty-one housing units wi I I have
been produced. Eighteen of these units wi I I be new homes which are constructed
and so I d to I ow and moderate I ncome buyers. Si x of these un i ts w! I I be
foreclosures and seven will be bui It for property owners in the TARGET
neighborhoods. Within FY 1991-92, VBCDC Is hoping to produce 29 homes: 15
Foreclosures; 10 - New Construction; and 4 - Target Neighborhood Property
Owners. The two-story houses are selling for $77,300 and the one-story for
$74,000. All of the buyers are provided with 5% permanent financing and some
with down payment assistance.
Mrs. Caronne Crawford, Director of the Transitlonal Housing Prograrn, advised
279 families were on the "waiting llst".
Hector Rivera, Assistant City Manager for Human Services, advised the change of
leadership In the HUD office In Richmond has assumed an aggressive position and
Is investigating ramifications of the Savings and Loan failures. The City's
Housing Department Is being pressed to be much more aggressive.
Mrs. Horoszewski introduced Shannon Meagher, who is a recent graduate of Old
Dominlon University, responsible for the Home Ownership Prograrn.
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C 0 N C E R N S 0 F T H E M A Y 0 R
12:25 P.M.
ITEM # 33952
Mayor Oberndorf advised she had to leave the COMFREHENSIVE PLAN WCRKSHOP to
attend the "Grand Prix" Press Conference at the Pavi lion. At 10.00 A.M.. An
announcement was made advising of the Virginia Beach OffShore Grand Prix and
Festival for a National Power Boat Race. The Season will commence in May with
the participation of the Hotel/Motel Association, Joy 95 and WT@ Television.
The Director of the American Power Boat Association from Loul svi I le, Kentucky
expressed his gratitude for another major competition to be held In this City.
This event wi I I generate mi I lions of dol lars in touri sm for the City of
Virginia Beach.
ITEM # 33953
Mayor Oberndort distributed a copy of a letter from Durwood Curling, Executive
Director - Southeastern Public Service Authority, clarifying an article in a
Newsletter by the Southeastern Association for Virginials Environment
(S.A.V.E.). The article was entitled "SPSA ignores possible alternative to
Incinerator.." SPSA was committed only to burning of garbage. This group
requested one company be permitted to make a public presentation regarding
recycling before the body. Mr. Curling recommended against the presentation.
With SPSA being a public agency, if one company was allowed to extol the
virtues of its particular product, then it would be necessary to hear any other
individual requests from companies marketing like equipment. The Procurement
Act precludes this. SPSA Is not committed to Incineration as opposed to
recycling, that assertion Is unfair. The organization is nationally recognized
for its comprehensive approach. This approach Includes not only recycling and
waste-to-energy (Incineration) but also landfilling. The present system is In
place to manage Southeastern Virginia's solid waste and Includes all three of
these components.
ITEM # 33954
Mayor Oberndorf also referenced an article In the Southeastern Association for
Virginials Environment (S.A.V.E.) by former Councilwoman Barbara Henley. Mrs.
Henley referenced the growth management plan generated for Virginia Beach and
described In the March 1990, report "The Crossroads". This report forecasts If
development continues In the sane sprawling fashion that it has in the past,
the costs for the transportation Infrastructure will be $183,251,013. However,
if built as described in the c(xnmunities of place scenario, the cost would be
only $88,088,838. Mayor Oberndorf requested the City Staff examine this report
and provide a response In connection with the COMFREHENSIVE PLAN.
ITEM # 33955
Mayor Oberndorf referenced a personnel issue at the Hampton Roads Planning
District Commission level. An unhappy employee complained to one of the
Commissioners. The lines between the administration and policy making of the
body should be made more clear.
ITEM # 33955a
Mayor Oberndorf and Andrew Burke, Dir-ector of Economic Development, met with
the METS repre@entatives on Wednesday, January 9, 1991, In New York relative
the Stadi on. A formal I zed report of thi s meet! ng wi I I be SCHEDULED for the
City Councl I Session of January 22, 1991. The Mets have requested City Councl I
provide a decision by January 30, 1991.
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C I T Y C 0 U N C I L C 0 N C ER N S
ITEM # 33956
Councilman Baun advised Senator Moody Stallings was going to Introduce a Bill
to permit Sunday hunting. It is not safe to even be on your own property when
hunting is allowed. Councilman Baum concurred with an article In the Virginia
Municipal League Newsletter relating the weekend was divided between those who
desire to hunt on Saturday and those who desire passive recreation on Sunday's.
BY CONSENSUS, a Resolution shall be SCHEDULED for the City Council Session in
OPPOSITION to this legislation.
ITEM # 33957
Councilman Brazier distributed copies of a letter from Scott D. Gallagher,
Committee Chairman - Great Neck Little League, dated December 19, 1990. The
Association would like to meet with the City to negotiate the possi b I ]ty of
acquiring approximately 8 acres to build a new complex of baseball fields. The
Great Neck Little League Is interested in the parcel owned by the City,
fronting on Shorehaven Drive. Councilman Brazier believed this was the same
piece of property in which the Greek Orthodox Church is interested. Counci Iman
Brazier believed the Little League was Interested in purchasing the property.
Vice Mayor FentreS5 advised the Greek Orthodox Church had requested a "land
swap" of their property composed of 6.8 acres east of Little Neck Road.
ITEM # 33958
Vice Mayor Fentress advised 1RT has cut $100,000 in services. Six routes with
deficits of $21,000 in Virginia Beach have been proposed to be cut. There will
be a discontinuance of the evening bus service on Virginia Beach Boulevard
after 9-.45 P.M. Handi-ride service will be reduced by 5%. Sunday bus service
will be discontinued in all areas with maxi-ride service discontinued mainly In
Norfolk and Portsmouth. Trolley service will be discontinued on Lake Edward and
Curlew Drive Route and North Atlantic Avenue down to the Beach area. Bus
service will be discontinued on the Naval Base Express and Oceana between Noon
and 6:00 P.M. Public Hearings will be SCHEDULED relative these services. The
Light Rail Study Is not in an Informational package. However, a report will be
distributed to City Councli before the presentation. There is an escalated cost
from $98-MILLION In 1986 to $165-MILLION in 1990. A one-way track system was
previously suggested, but this has been refined to a double track system.
Highly successful areas i.e. Portland and San Diego have a double track system.
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ITEM # 33959
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, January 15, 1991, at 12:40 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
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ITEM # 33960
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or Interviews of
prospective candidates for employment, assignment, appointment, prornotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344(A)(1).
To-wit: Appointments - Boards and Cornmissions: Virginia Beach Foundation
Distribution Committee and Francis Land House Board of Governors.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: 1.
Virginia Land Investment Association No. I v. City of Virginia Beach. 2.
TCM/Teachey v. City of Virginia Beach.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessorns, City
Councl I voted to prc>ceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
- 14 -
F OR MA L S E S S I ON
VIRGINIA BEACH CITY COUNCIL
January 15, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Councl I Chambers, City Hal I Bui Iding, on Thursday,
January 15, 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, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Louls R. Jones
INVOCATION: Reverend David Page
Carrow Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1 5
Item VI -E. I
CERTIFICATION OF
EXECUTIVE SESSION ITEM 33961
Upon motion by Counci lman Sessoms, seconded by Vice Mayor Fentress, City
Councl I CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCCRDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed In Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
Identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Saum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf and Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
Louis R. Jones
41,
Xr,oolutton
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHERF-AS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33960
Page No. 13 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
BAth Hodges-Smith, CMC/AAE
City Clerk January 15, 1991
- 16 -
Item VI-F.l.
MINUTES ITEM # 33962
Upon motion by Councilwoman McClanan, seconded by seconded by Councilman
Sessoms, City Council APPROVED, AS AMENDED the Minutes of INFORMAL AND FORMAL
SESSIONS of January 8, 1991.
Page 28, ITEM # 33935
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION
FROM R-5D to @ A-12 (AS MODIFIED) Z01911295
The following condition shall be added:
2. The applicant has agreed to have the final plan
reviewed by Councilwoman McClanan and the
officers of the Landstown Lake Civic League.
*Letter from R. G. Moore is hereby made a part
of the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
- 17 -
Item VI-G.l.
PRESENTATION ITEM # 33963
Dr. Boyd Jones, Member of the School Board, introduced Dr. S. John Davis -
Interim School Superintendent. Dr. Davis was previously State Superintendent of
Public Instruction and prior to this was Superintendent of the largest School
system In the State of Virginia - Fairfax County. His quallfications are
superior.
Dr. Davis advised the School system has been accomplishing numerous things to
accornmodate the concerns of the young people. On January 14, 1991, a session
was held with the Principals and Guidance Counsellors from the Schools. The
Session was entitled: "The Role of the Schools In Support of the Students and
Colleagues with relatives In the Mlddle East". This Session was attended by
representatives of the Military Support Service.
Delegate Diamonstein has submitted a Bill, which has not yet been to
Legislative Services for printing. This Bill would relax certain mandates and
various caveats would be included in the Bill.
Dr. Davis advised of previous meetings with the City Manager and an additional
conference this week relative actions to relieve the financial situations. Dr.
Davis referenced the Resolution directing the City Manager and City staff, and
inviting the School Administration to jointly review, evaluate and make
recommendations to reduce costly duplication of servlces, currently existing
between the City and School Administration (See Item VI-1.5 of
RESOLUTIONS/CRDINANCES). Dr. Davis Is anticipatlng being involved In this
program as he has had the experience of combining a School System
transportation with the City Police/Trash/Ambulances, et cetera into a program
entitied "Equipment, Managernent, Transportation Authority".
Dr. Davis is proud of being a part of Virginia Beach's School System.
- 18 -
Item VI-H.l.
PUBLIC HEARING ITEM # 33964
Mayor Oberndorf DECLARED a PLIBLIC HEARING:
TAX EXEMPT STATUS:
VIRGINIA BEACH COMMUNITY DEVELOPMENT C(IRPCRATION
There being no speakers, the Mayor CLOSED the PUBLIC HEARING.
Item VI-H.2.
PUBLIC HEARING ITEM 33965
Mayor Oberndorf DECLARED a PUBLIC HEPRING:
TAX EXEMPT STATUS:
VIRGINIA BEACH FOUNDATION (DeWitt Cottage)
Andrew S. Fi ne, Chal rman - Vi rg i n I a Beach Foundati on, Post of f i ce Box 61 549, -
represented the Foundation. The Foundation wishes to pursue tax exemption for
the De Witt Cottage
- 20 -
item VI-1.1.
RESOLUTIONS/CRDINANCES ITEM # 33966
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council ADOPTED:
Resol ution supporting legislation re real and
personal property owned by Virginia Beach Community
Development Corporation being exernpt from state and
local taxation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Co unc i I Members Vot i ng Nay:
None
Councl I Members Absent:
Louis R. Jones
I A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
2 DESIGNATE REAL AND PERSONAL PROPERTY OWNED By
3 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP.
4 AS BEING T FROM STATE AND LOCAL TAXATION
5 WHEREAS, property located in the City of Virginia Beach
6 and owned by Virginia Beach Community Development Corp. , a Virginia
7 nonstock corporation, is currently subject to ad valorem taxation;
8 WHEREAS, Virginia Beach Conimunity Development Corp. has
9 requested the Council of the City of Virginia Beach to adopt a
10 resolution in support of its request that the General Assembly act
11 in accordance with Article X, S 6(a)(6) of the Constitution of
12 Virginia to designate the real and personal property of Virginia
13 Beach Community Development Corp. as being exempt from state and
14 local taxation;
15 WHEREAS, pursuant to SS 30-19.04 of the Code of Virginia,
16 the Council of the City of Virginia Beach has held a public hearing
17 prior to the adoption of this Resolution and has given all citizens
18 an opportunity to be heard;
19 WHEREAS, the Council of the City of Virginia Beach has
20 examined and considered the provisions of subsection (B) of 5 30-
21 19.04 of the Code of Virginia; and
22 WHEREAS, the Council of the City of Virginia Beach is
23 of the opinion that Virginia Beach Community Development Corp.
24 should be designated as a benevolent corporation within the context
25 of SS 6 (a) (6) of Article X of the Constitution of Virginia, and that
26 real and personal property located in the City of Virginia Beach
27 owned by Virginia Beach Community Development Corp. and used by it
28 exclusively for benevolent purposes on a nonprofit basis should be
29 exempt from state and local taxation;
30 THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH:
32 That the Council of the City of Virginia Beach supports
33 the enactment of legislation involving the designation of Virginia
34 Beach Community Development Corp. as a benevolent corporation
35 within tbe context of 5 6(a)(6) of Article X of the Constitution
36 of Virginia, and that real and personal property owned by Virginia
3 -1 Beach community Development Corp. , which is located within the City
38 of virginia Beach and used exclusively for benevolent purposes on
39 a nonprofit basis, be declared exempt from state and local
40 taxation.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, this 15 day of 1991.
CA-4051
R-1
\noncode\taxempt res
2
- 21 -
ltern VI-1.2.
RESOLUTIONS/CRDINANCES ITEM # 33967
Upon motion by Vice Mayor Fentress, seconded by Councl Iman Heischober, City
Counci I ADOPTED, AS AMENDED*:
Resolution supporting legislation re real and
personal y owned by The Virginia Beach
Foundation, Inc./De Witt Cottage being exernpt from
state and local ta)Kation.
*The Amendment was accepted by ACCLAMATION. The verbiage "De Witt Cottage,'
shall be inserted on line 34, after the words "... The Virginia Beach
Foundation, Inc., as a benevolent corporation,..."
"That the Council of the City of Virginia Beach supports the enactment ot
legislation involving the designation of The Virginia Beach Foundation, Inc.,
as a benevolent corporation De Witt Cott@...
Voting: 9-1
Councl I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan
Council Members Absent:
Louis R. Jones
*Councl Iman Sessoms DISCLOSED pursuant to Section 2.1-639.14G of the Code of
Virginia, although he Is a Member of the Board of the Virginia Beach
Foundation, Inc., Is abie to review, make recommendations and approve or deny
the resolution concerning the support of legislation regarding real and
personal property owned by the Foundation being exempt from state and local
taxation. Councilman Sessom's letter of January 15, 1991, Is hereby made a part
of the record.
WILLIAM D SESSOMS, JR 809 GREENTREE ARCH
COUNCILMAN-AT-@RGE VIRGINIA B@CH, VIRGINIA 2@51
(W4) @55-5732
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:
1. The transaction for which I am executing this written
disclosure is the Council vote on a resolution concerning
the support of legislation regarding real and personal
property owned by the Virginia Beach Foundation being
exempt from state and local taxation.
2. I am a Director of the Virginia Beach Foundation.
3. The Virginia Beach Foundation 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
Mrs. Ruth Hodges Smith -2- January 15, 1991
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,
@Aiki
W. D. Sessoms, Jr.
Councilman
WDS/awj
Enclosures
LESLIEL LILLEY -U@IC PAL CE.TER
CITI ATTOR.EY VIRG @IA BEACI IA 23456 9ON
(@@) 127 @531
FAX (801) 426 5681
January 15, 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 supporting legislation regarding real and personal
property owned by the Virginia Beach Foundation, Inc. ("the
Foundation") being exempt from state and local taxation. 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 Virginia Beach 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 concerning the
support of legislation regarding real and personal property owned
by the Foundation being exempt from state and local taxation.
I base the aforesaid conclusions on the following facts and
discussions. Please review and verify the accuracy of the facts
i
Councilman W. D. SessomS, Jr. -2- January 15, 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 supporting legislation regarding
real and personal property owned by the Foundation being exempt
from state and local taxation. You have advised that your area of
concern with respect to the resolution is that you are a Director
of the Virginia Beach 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 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 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 S 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 S 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- January 15, 1991
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." SS 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 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 based on your
representation of the Foundation as defined by the Conflict of
Interests Act.'
iThree 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- January 15, 1991
B. Personal Interest in the T ansaction
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. Disclosure Re uiremets of Section 2.1-639.14 G
Based on the fact that you have no personal interest in the
Council's consideration of the resolution involving the Foundation,
you are not restricted in voting as to that item. If you are
concerned that your position may create some appearance of
impropriety to those who do not understand the 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
S 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, S 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
made after a full disclosure of the facts, is advisory and
admissable as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Commonwealth's
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.
Councilman W. D. Sessoms, Jr. -5- January 15, 1991
Please contact me should you desire any additional
information.
Very truly yours,
LLL/EEF/awj
Enclosure
I
LESLIEL.LILLEY MUNICIPAL CENTER
CIW ATTORNEY VIRGINIA B5ACH. VA 23456.9DO4
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 my 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 I
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 Foundation.
I S S-U
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?
DiscussiO--
I.
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
"any matters considered by any... governmental
transaction as I
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
immediate family member. The
officer, employee, or to an categories specified
interest exists by reason of one of five the ownership interest
therein as: 1) ownership in a business if
of the business 2) annual income
exceeds 3% of the total equity erty or a business in
from ownership in real or personal prop
excess of $10,000-00 3) salary from the use of property or paid
that exceeds $10,000-00 annually 4) ownership of
by a business $10,ooo.oo in
real or personal property when the interest exceeds
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 sub3'ect 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
A. Per-.nal 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.
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
bu@iness which is the subject of the transaction. Based on three
prior opinions of the Attorney Gener@l, I believe that you are
not required to disqualify yourself.'
III. Discisure Re uirements of Sectin 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
lPresident 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 1000 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 citv
Atto@e 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
Commonwealth'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,
Leslie L
City Att,
Enclosure
LLL/abe
4
C,O@
OFFICE OF THE COMMONWEALTH'S ARTORNEY
CITY OF ViRrINIA BEAC'H
ROBEFtT HIJIVrHRFY'@l K4ui@icicA@ q
VIRGINIA L%EACH. Vir,(,'[NiA 2345C, @ D50
(90-1) A27-4401
June 8, 1990
The Honoi:able Willians D. SP-BsOms, Tr-
809 Greentree Arch
Virginia Beach, VA 23451
RE: Request for Collflict of Into-rest Act oplnion:
AppliCticn for non-interest bearing loan by
The Virgi.ni,a Beach Foundatioii
Dear Councj3.man Sesso@s:
This i,s in response to your letter of 7une 7, 1990 requesting
of this office pursuant to SS2.9-639-23(13) and enc;losing
an opinion olution to be voted on by the council c)f the City
a co y of the rOs negotiate
of V rginia Boach giving the City Manager authority tO ndation to
an a@ reeino-nt which would enable the Virginia Beach Fou and a
acqu re an oceaiifront dwellinq known as the De Witt Cottage
copy of all ordinance appropriating funds in the anount Of
$100,000.oo for an annuity payable to tho-virginia Beach Foundation
and for expeiises neceSsarY fOr the naintenance of the DP- Witt
Cottage.
In your request for an opinion you indicate that you are a
member of the Board of Directors of the Virainia Beach Foundation
which is a charitable, non-profit organiz@tion and you further
indicate that you receive no compensation for your services as a
director of that foundation.
You should also be advised that I have been provided with the
advisory opinion rendered by Leslie T,. Lilley, City Attorney for
the City of Virgiiiia Beach, with regard to this matter
After reviewing the ordinance and resolution in question, the
advisory opinion rendered by Mr. Lilley on May 29, 1990 and
reviewing the State and Local Conflict of Interest Act (@2.1-639.1
et seq.), I ain of the opinion that Mr. Lilley's legal opinion is
both a cogent and correc-t statement of the law as it applies to
Page 2
The Honarable William D. SessOIns, 7r-
June 8, 3.990
your situatl'-on and i agree with his conclusion that you have no
pe,rsonal iiiterest in a trangaction as that -term i@ defined by
SS2.1-639.2 because of the non-profit nature of the Virginia Beach
Foundation and your uncompensated association with it.
in view of the fact that you have no "personal interest in a
transaction" as that tern relates to the ordinance or the
re-solution in question then, notwith8tanding 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
voting as to either agenda item . Naturally, if YOu are concerned
that your assor-i.ation with the Virginia Beach Foundation may create
sorfte appearance of impropriety to those who do not understand the
provisions of the State and Local conflict of interest Act, you
ray, as Mr. Lilley suggest5, either disclose your association and
abstain from voting or disclose the facts you have presented to me
as part of the pub].ic council Tecord 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, p3.ease don't hesitate to contact me.
Very tru
commonwe ey
RJH:jas
cc: Teslie L. Lilley, City Attorney
1 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
2 DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY
3 THE VIRGINIA BEACH FOUNDATION, INC./DE WITT COTTAGE
4 AS BEING EXEMPT FROM STATE AND LOCAL TAXATION
5 WHEREAS, property located in the City of Virginia Beach
6 and owned by The Virginia Beach Foundation, Inc., a Virginia
7 nonstock corporation/De Witt Cottage, is currently subject to ad
8 valorem taxation;
9 WHEREAS, The Virginia Beach Foundation, Inc./De Witt
10 Cottage has requested the council of the city of virginia Beach to
11 adopt a resolution in support of its request that the General
12 Assembly act in accordance with Article X, SS 6(a)(6) of the
13 Constitution of Virginia to designate the real and personal
14 property of The Virginia Beach Foundation, Inc./De Witt Cottage as
15 being exempt from state and local taxation;
16 WHEREAS, pursuant to SS 30-19.04 of the Code of Virginia,
17 the Council of the City of Virginia Beach has held a public hearing
18 prior to the adoption of this Resolution and has given all citizens
19 an opportunity to be heard;
20 WHEREAS, the Council of the City of Virginia Beach has
21 examined and considered the provisions of subsection (B) of SS 30-
22 19.04 of the Code of Virginia; and
23 WHEREAS, the Council of the City of Virginia Beach is
24 of the opinion that The Virginia Beach Foundation, Inc./De Witt
25 Cottage should be designated as a benevolent corporation within the
26 context of SS 6(a) (6) of Article X of the Constitution of Virginia,
27 and that real and personal property located in the City of Virginia
28 Beach owned by The Virginia Beach Foundation, Inc./De Witt Cottage
29 and used by it exclusively for benevolent purposes on a nonprofit
30 basis should be exempt from state and local taxation;
31 THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH:
33 That the Council of the City of Virginia Beach supports
34 the enactment of legislation involving the designation of The
35 Virginia Beach Foundation, Inc. as a benevolent corporation, De
36 Witt Cottage, within the context of SS 6(a)(6) of Article X of the
37 Constitution of Virginia, and that real and personal property owned
38 by The virginia Beach Foundation, Inc./De Witt Cottage, which is
39 located within the city of virginia Beach and used exclusively for
40 benevolent purposes on a nonprofit basis, be declared exempt from
41 state and local taxation.
42 Adopted by the Council of the City of Virginia Beach,
43 virginia, this 15th day of January, 1991.
CA-4055
R-2
TAXEMPT.RES
2
- 22 -
item VI-1.3.
RESOLLTTIONS/CRDINANCES ITEM # 33968
Art CoIIin s, Executive Dl rector - Hampton Roads PI anni ng D!strict Commi ssion,
responded to City Co unc i [Is In qu! ri es.
Sheritf Frank Drew spoke In OPPOSITION-
A MOTION was made by Councl I woman McCl anan, seconded by Vice Mayor Fentress,
to ADOPT:
Reso l ution reafft rmi ng City CouncIlls support of
the concept ot a Regional Jail and requesting The
Hampton Roads Planning District Commission pursue
the planning ot slch a facility; and, the City will
make available $164,796 (previously transterred) as
their share of the next phase of this
investigation.
Voting: 4-6 (MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert W. Clyburn, Vice Mayor Robert E. Fentress, Reba
S. McClanan and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Louis R. Jones
- 23 -
Item VI-1.4.
RESOLUTIONS/CRDINANCES ITEM # 33969
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED:
Resolution requesting the General Assembly extend
the Certificate of Public Need program as a method
to control the rapidly escalating increased costs
for health care; and, eliminating the SUNSET
provision in the enabling Act.
Voting: 9-1
Councl] Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.
Council Members Absent:
Louis R. Jones
RESOLUTION REQUESTED BY COUNCILMAN F SS
A RESOLUTION REQUESTING THE G ASSEMLY
TO CONTINUE THE CERTIFICATE OF PUBLIC NEM PROGRAM
IN ORDER TO BETTER CONTROL THE INCREASE
IN HEALTH CARE COSTS.
WHEREAS, the Commonwealth has adopted a Certificate of
Public Need Program (COPN), that is scheduled to expire in June of
1991; and
WHEREAS, the Certificate of Need Program allows for
oversight of what programs and facilities, hospitals throughout the
Commonwealth, can buy and construct; and
WHEREAS, by controlling the proliferation of high tech
and high cost facilities, the Certificate of Public Need Program
has saved approximately $115,000,000 in the Tidewater health care
area by denying the construction of un-needed hospitals; and
WHEREAS, if the Certificate of Public Need Program
expires, there are serious questions as to whether or not
competition in the absence of State health care planning will be
an effective means of controlling health care costs; and
WHEREAS, the Certificate of Public Need Program has
proven to be an effective health care cost control.
NOW THEREFORE BE IT RESOLVKD by the Council of the City
of Virginia Beach that the General Assembly is requested to extend
the Certificate of Public Need Program as a method to control the
rapidly escalating costs of the health care; and
BE IT FURTELER RESOLVED that this be done by eliminating
the sunset provision in the enabling act establishing the
Certificate of Public Need.
RESOLVED by the Council of the City of Virginia Beach on
15 day of January -, 1991.
- 24 -
Item VI-1.5.
RESOLUTIONS/CRDINANCES ITEM # 33970
Upon motion by Councl Iman Lanteigne, seconded by Counci lman Sessoms, City
Council ADOPTED:
Resolution directing the City Manager and City
staff, and inviting the School Administration to
jointly review, evaluate and make recommendations
to reduce costly duplication of services, currently
existing between the City and School
Administration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
1 RESOLUTION
2
3
4
5 WHEREAS, the City Council of the City of Virginia Beach
6 wishes to provide the best educational opportunities to all our
7 children;
8 WHEREAS, the City Council of the City of Virginia Beach
9 recognizes the fiscal demands placed on all levels of goverriment;
10 and
11 WHEREAS, the City Council of the City of Virginia Beach
12 recognizes its responsibility to provide all City services in the
13 most cost efficient manner;
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That the City Council of the City of Virginia Beach
17 directs the City Manager and City staff, and invites the School
18 Administration to jointly review, evaluate, and make recommenda-
19 tions to reduce the costly duplication of services which currently
20 exist between the City and School Administration, where feasible.
21 Adopted by the Council of the City of Virginia Beach,
15 January
22 virginia, on this day of 1991.
23
24 CA-4066
25 JOINT.RES
26 R-1
2 5
item VI-1.6.
RESOLUTIONS/CRDINANCES ITEM # 33971
Upon mot ion by Counc i I man He l schober, seconded by Counc i I man Sessorns, Ci ty
Council ADOFRED:
Resolution requesting the Virginia Department ot
Highways and Transportation proceed with
advanced right-of-way acquisition of property
owned by John R. Potter, et al., for First Colonial
Road Phase Ill, (CIP 2-833).
Voting: 10-0
Councl I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Williarn D.
Sessoms, Jr.
Counci I Members Voting Nay;
None
Councl I Members Absent:
Louis R. Jones
RESOLUTION
WHEREAS, aligriment alternate "DII of the proposed First
Colonial Project Phase III was approved by Council Resolution on
October 3 0 ,1989, and subsequently by the Commonwealth
Transportation Board on December 20, 1989; and
WHEREAS, it is necessary to proceed with advanced right-
of-way acquisition of a parcel of property which will be heavily
impacted by the approved alignment to avoid greatly increased
acquisition cost from development of the property; and
WHEREAS, the Virginia Department of Highways and
Transportation (VDOT) requires that the City concur with the
purchase of the right-of-way for this project and is willing to pay
its share of the costs.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Department of Highways and
Transportation is hereby requested to proceed with the early
acquisition of the parcel of property owned by John R. Potter,
Gordon B. Potter and Dean S. Potter as shown on that certain map
entitled "Location Map for First Colonial Road Potter Property"
attached hereto, at an estimated cost of $121,000.00.
BE IT FURTHER RESOLVED, that the City of Virginia Beach
pursuant to Section 33.1-44, Code of Virginia, 1950, as amended,
does hereby agree to pay two percent (2%) of the right-of-way
acquisition of the property owned by John R. Potter, Gordon B.
Potter and Dean S. Potter, which amount is estimated to be
$2,420.00.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 15 day of January 1991.
CA-4043
\IORDIN\NONCODE\CA-4043.RES
R-1
- 26 -
Item VI-1.7.
RESOLUTIONS/CRDINANCES ITEM # 33972
Attorney Donald E. Lee, Jr., 780 Lynnhaven Parkway, Suite 400, Phone: 468-7700,
represented Parkside Green. Attorney Lee requested DEFERRAL as there Is a
possibility this matter might be settled with the landowner.
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented
landowners aftected by the acquisition.
Upon motion by Vice Mayor Fentress, seconded by Councilman SeSSOM5, City
Council DEFERRED until the City Council Session of January 22, 1991:
Resolution authorizing acquisition of property in
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation, to construct
the required right turn lane on Holland Road for
Parkside Green, formerly Hartford Glen.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
- 27 -
Item VI-J.
CONSENT AGENDA ITEM # 33973
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
- 28 -
Item VI-J.1.
CONSENT AGENDA ITEM # 33974
Upon motion by Vice Mayor Fentress, seconded by Councl lwoman Parker, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-2 of the
Code of the City of Virginia Beach, Virginia, re
curfews for minors to comply with Virginia State
Code Section 16.1-333.
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
AS TO CCi @TEmi-S
SIGIIATUP,E
APe@nOVED AS TO LEGAL
2 AN ORDINANCE TO AMEND AND ANDFORM
3 REORDAIN SECTION 23-2 OF
4 THE CODE OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA, CITY ATTORNEY
6 PERTAINING TO CURFEW FOR MINORS.
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA;
10 That Section 23-2 of the Code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained to read as follows:
12 Section 23-2. Curfew for minors.
13 (a) It shall be unlawful for any minor under the age of
14 eighteen (18) to be present on any street, road, alley, avenue,
15 park or other public place in the city, or in any vehicle operating
16 or parked thereon, between the hours of 12:01 a.m. and 5:00 a.m.,
17 unless accompanied by the parent, guardian or other adult person
18 having the care, custody or control of such minor, or unless such
19 minor is on an emergency errand or is engaged in a lawful
20 employment or going directly to the place of such employment or
21 returning directly to his place of residence from the place of such
22 employment, or unless such minor has written permission by the
23 parent, guardian or other adult person having the care, custody or
24 control of such minor to attend a specified engagement or
25 performance which begins prior to midnight and ends either after
26 midnight or so close to midnight that it is impracticable for such
27 minor to reach his residence prior to 12:01 a.m., by traveling in
28 a prudent manner, and such minor is present at such engagement or
29 performance or is proceeding directly to his place of residence
30 upon conclusion thereof.
31 (b) It shall be unlawful for any parent, guardian or other
32 adult person having the care, custody or control of any minor under
33 the age of eighteen (18) to permit, allow or encourage such minor
34 to be present on any street, road, alley, avenue, park or other
35 public place in the city, or in any vehicle operating or parked
36 thereon, between the hours of 12:01 a.m. and 5:00 a.m. in violation
37 of provisions of subsection (a) of this section.
38 (c) Whenever any police or other officer charged with the
39 duty of enforcing the laws of the state or ordinances of the city
40 shall discover or has his attention called to the fact that any
41 minor under eighteen (18) years of age is present on any street,
42 road, alley, avenue, park or other public place in the city, or in
43 any vehicle operating or parked thereon, between the hours of 12: 01
44 a.m. and 5:00 a.m., such officer shall make an immediate
45 investigation for the purpose of ascertaining whether or not the
46 presence of such minor is in violation of the provisions of this
47 section. If such investigation reveals that the presence of such
48 minor is in violation of the provisions of this section, the
49 officer may charge the minor with a violation of this section and
50 release the minor on a summons, or the officer may cause the minor
51 to be taken to his home or place of residence, and released to his
52 parent, guardian or other adult person having the care, custody or
53 control of such minor. if the officer deems that it will be for
54 the best interest of the minor, the minor may be taken to a non-
55 secure state certified crisis center or juvenile shelter, or the
56 minor may be taken to the intake division of the juvenile and
57 domestic relations district court of the city and thereafter be
58 released or detained as provided in article 4, chapter 11, title
59 16.1 (SS16.1-246 et seq.) of the Code of Virginia. In those cases
60 where a summons is not issued, the officer may proceed as provided
61 in article 5, chapter 11, title 16.1 (SS16.1-259 et seq.) of the
62 Code of Virginia.
63 (d) Any person violating any provision of subsection (b) of
64 this section shall be guilty of a class 4 misdemeanor. minor
65 violating any Provision of subsection (a) of this section shall
66 be deemed to be a child in need of services or and his
67 parent. cfuardian, lecfal custodian o standing in loco
68 parentis shall be sublect to the Provi.sions of 416.1 79 of the
69 Code of Virginia.
70 (e) The provisions of this sect
71 minor who has been emancilpated as provided by SS16.1-333 of the Code
72 of virginia.
2
7 3 Adopted by the Council of the City of Virginia Beach,
74 Virginia, on the 15th day of , 199 1-
75
76
77 CA-4012
78 \ordin\proposed\23-2.ord
79 R-2
80
3
- 29 -
Item VI-J.2.
CONSENT AGENDA ITEM # 33975
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to TRANSFER $125,000 within Waste
Management Division's FY 1990-1991 Operating Budget
re extension of solid waste services contract.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
1 AN ORDINANCE TO TRANSFER $125,000 WITHIN THE WASTE MANAGEMENT
2 DIVISION'S FY 1990-1991 OPERATING BUDGET TO PROVIDE THE
3 ADDITIONAL FUNDS NEEDED FOR THE SOLID WASTE CONTRACT
4 WHEREAS, in 1988 the city awarded a contract for the provision of
5 collection and disposal services to the Bchools, bagged leaf collection during
6 the fall, and newspaper recycling;
7 WHEREAS, this contract was awarded for a one year period with
8 possible one year extensions up to four additional years;
9 WHEREAS, the contractor, in this years negotiations, has requested
10 an increase in the contract due to increases in SPSA disposal charges, inflation,
11 and increased service to the schools;
12 WHEREAS, the Department of Public Works, Waste Management Division
13 feels that thib is a reasonable increase and that they will have sufficient funds
14 within their SPSA DispoBal ChargeB account to provide the $125,000 needed for
15 the contract.
16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA that $125,000 be transferred from within the Waste
18 Management Division of the Public Works Department to fund this years extension
19 of the solid waste services contract.
20 This ordinance shall be effective from the day of its adoption.
21 Adapted on this day Jauuary 15 1991.
- 30 -
Item VI-J.3.
CONSENT AGENDA ITEM # 33976
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Odinance authorizing Tax Refunds in the amount of
$13,619.33 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, 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:
Louis R. Jones
12/17/90 E@IC
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Y ear of Tax Number tion No. Paid
Henry C Frenck 91 RE(1/2) 40459-2 11/2/90 141.gn
Bay Savings Bank FSB 90 RE(1/2) 42573-0 11/8/89 576.73
Bay Savings Bank FSB 90 RE(2/2) 42573-0 5/17/90 576.73
Aragona Auto Supply Inc 90 RE(2/2) 53962-6 6/5/90 856.25
N Hutsko & C F McCallum Jr 90 RE(1/2) 53962-6 12/5/89 856.25
Heritage Savings Bank 90 RE(1/2) 83021-2 12/5/89 85.00
Heritage Savings Bank 90 RE(2/2) 83021-2 5/25/90 85.00
John Aragona Enterprises 89 RE(2/2) 3144-5 6/5/89 2.29
False Cape Enterprises 89 RE(1/2) 34044-1 12/5/88 264.21
False Cape Enterprises 88 RE(2/2) 32795-7 6/5/88 12.8L'
False Cape Enterprises 88 RE(1/2) 32794-8 12/5/87 253.24
False Cape Enterprises 88 P.E(2/2) 32794-8 6/5/88 253.24
False Cape Enterprises 87 RE(1/2) 31747-9 12/5/86 231.00
False Cape Enterprises 87 RE(2/2) 31747-9 6/4/87 231.00
False Cape Enterprises 86 RE(1/2) 30321-6 12/5/85 231.00
False Cape ENterprises 86 RE(2/2) 30321-6 6/5/86 231.00
American Mutual Building 87 RE(1/2) 2788-0 5/3/90 295.94
American tiutual Building 87 RE(2/2) 2788-0 5/3/90 286.42
American Mutual Building 87 RE(1/2) 2789-9 5/3/90 5.22
American Mutual Building 87 RE(2/2) 2789-9 5/3/90 5.06
American Mutual Building 87 RE(1/2) 2787-1 5/3/90 10.45
American Mutual Building 87 RE(-4/2) 2787-1 5/3/90 10.11
Robert JMaguire N/A Pkng 295857 10/10/90 12.00
James A Cannon N/A Pkng 296067 8/30/90 12.00
Stephan J Criscenzo @l/A Pkng 325437 11/19/90 50.00
James LBennett 91 Dog V08074 11/23/90 5.00
Total 5,579.88
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling c
were approved by
the Council of the City of nia
15 Vira@uary 1991
Beach on the--day of reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7 J/ 1/4/91 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty lnt. Total
NAME Year of Tax Number tion No. Paid
W Powell Jr & Joan Joyner 91 RE(1/2) 50008-8 12/3/90 627.49
Eugene W & Charlotte Jahn 91 RE(1/2) 56052-9 11/15/90 9.82
Ottis B & Velma Anne Bishop 91 RE(1/2) 9713-9 11/14/90 10.32
F Wayne McLeskey Jr al RE(1/2) 74483-1 12/5/90 1,934.81
11/23/90 344.79
Epic Assoc 1983 15 Partners 91 RE(1/2) 33850-2
Standard Federal S & L 91 RE(1/2) 127663-9 11/26/90 117.0,r,
Burlage,Corp 91 RE(1/2) 15697-6 12/4/90 37.40
Collateral Mortgage Ltd 91 RE(1/2) 66136-8 11/26/90 44.14
Calverton Associates 91 RF(1/2) 17160-0 11/16/90 12.9n
Hilltop Apartments Associates 91 RE(1/2) 51317-1 11/19/90 1,419.77
Ameribanc Savings 91 RE(1/2) 71973-4 11/26/90 20.64
Banc One Mortgage 91 RE(1/2) 104068-9 12/5/90 39.45
George E Dodd 91 RE(1/2) 30151-4 12/5/0-0 166.57
Edmonds Company Virginia 91 RE(1/2) 32810-3 11/14/qO 182.83
Daniel R Bridgett 91 RE(1/2) 12978-3 11/16/90 25.80
Daniel R Bridgett 91 RE(1/2) 12977-4 11/16/90 18.06
Edward T III & Patricia Caton 91 RE(1/2) 19283-8 11/26/90 30.9F
Ralph J Sr & Ann Cerino 91 RE(1/2) 19512-1 11/19/90 24.77
Gay Vacationer Associates 91 RE(1/2) 41116-5 12/4/90 123.77
Gay Vacationer Associates 91 RE(1/2) 41116-5 12/4/90 270.9n
Paine Webber Mortgage Finance 91 RE(1/2) 71543-5 11/26/90 25.80
Carter L & Marjorie Smith 91 RE(1/2) 106218-3 12/3/90 153.58
Gur Cromwell & Betz 89 RE(2/2) 17360-2 7/10/89 16.74
Atlantic Permanent S&L 89 RE(1/2) 103108-7 12/5/88 1,190.50
Atlantic Permanent S&L 89 RE(2/2) 103108-7 6/5/89 1,190.50
Total 8,039.45
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
039.45 were approved by
the Council of the City of Virginia
Beach on the@5-day of ar .1991
Approved as to form:
Ruth Hodges Smith
City Clerk
@eslie L. Lilley, Cit"
- 31 -
Item VI-M.I-
ADJOURNMENT ITEM # 33@977
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 3:30 P.M-
@@ 0 @@
Beverfy 0. Hooks
Chief Deputy City Clerk
.th Hdge. Sith, CMC
City Clerk
City of Virginia Beach
Virginia