HomeMy WebLinkAboutOCTOBER 16, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
OCTOBER 16, 1990
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room 10:00 AN
A. COMMUNITY CORRECTIONS RESOURCE BOARD
Gene A. Woolard, Chairman
ITEM 11. CITY MANAGERIS BRIEFINGS - Conference Room - 10:15 AM
A. CHESAPEAKE BAY PRESERVATION ACT
H. C I ayton Be rn i c k I I I I D i rec to r, Env I ronmen ta I Man ag emen t
B. CAPITAL IMPROVEMENT PROGRAM
FY 1990-91 - 1994-95
E. Dean Block, Assistant City Manager for Analysis and Evaluation
ITEM Ill. CITY COUNCIL CONCERNS - Gonference Room - 12:15 PM
ITEM IV. L U N C H - Conference Room - 12:45 PM
ITEM V. INFORMAL SESSION - Conference Room - 1:00 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 Joseph Carson
Memorial United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - October 9, 1990
G. PRESENTATION
1. INSTITUTIONS OF HIGHER EDUCATION
James R. Bergdoll
Vice President
College Relations and Planning
Virginia Wesleyan College
H. RESOLUTIONS
I Reso l ution reaff I rmlng City Co unc IIIs support of the concept of a
Regional Jail; and, requesting the Hampton Roads Planning District
CommlssIon to pursue the pl ann I ng of such a fac i I ity.
2. Resolution referring to the Planning Commission a proposed
amendment to Section 253 of the City Zoning Ordinance re open space
prornotion requirements.
(Sponsored by Councilman James W. Brazier, Jr.)
1. CONSENT AGENDA
Al I matters Iisted under the Consent Agenda are considered In the
ordinary course of business by City Counci I and w[ I I 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 21-22 of the Code of the
City of Virginia Beach, Virginia, re Inspection of vehicles
generally.
2. Ordinance authorizing the City Manager to enter Into a contract on
behalf of the City with Barker, Campbell and Farley to administer
the Convention and Tourism advertising account of the Department of
Convention and Visitor Development.
3. Ordinances, upon FIRST READING:
a. To AOCEPT and APPROPRIATE a $132,500 grant frorn the United
States Marshals Service in the Sheriff's FY 1990-1991 Operating
Budget re renovation within the correctional center.
b. To establish thirteen (13) Category Positions; and,
APPROPRIATE $41,000 re Home Health Personal Care Prograrn.
4. Ordinance to establish the Sandbridge Public Beach Restrooms and
Parking Lot Project in the FY 1990-1994 Capital Improvement
Program; and, TRANSFER $287,500 from appropriated Capital
Improvement projects and reserves.
5. Ordinance to authorize a teinporary encroachment Into a portion of
the navigable waterway of Bluegill Inlet to John E. Price re
construction and maintenance of a proposed bulkhead and foot dock
adjacent to 2769 Sandpiper Road (PRINCESS ANNE BOROUGH).
6. Ordinance appointing viewers in the petition of Helen Leimbach Foos
for the closure of portions of a fifteen (15)-foot alley in Croatan
Beach (LYNNHAVEN BOROUGH).
7. LOW BIDS:
(CIP 6-935)
VICO CONSTRUCTION Broad Bay Colony Sewers $452,580.90
COMPANY Section 11 (Contract 1)
VAN DE RIET Broad Bay Colony Sewer $108,000.00
CONSTRUCTION COMPANY Pump Station No. 2
(Contract 11)
B. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
ATLANTIC LIMOUSINES, INC.
J. PUBLIC HEARING
1. PLANNING
a. REQUEST of PEMBROKE MANOR UNITED CHLRCH OF CHRIST FOR
RECONSIDERATION of Condition Ntxnber Five of the Conditional Use
Permit for a church expansion on Parcel K, Section 3, Block 24,
Pembroke Manor (601 Constitution Drive), containing 2 acres
more or less (BAYSIDE BOROUGH).
Approved: June 13, 1988
Scheduled for Reconsideration: September 25, 1990
b. Application of DAVID WILLIAMS for a Conditional Use Permit for
a church at the Northeast corner ot South Plaza Trail and
Daytona Drive (156 South Plaza Trail), containing 27,720 square
feet (LYNNHAVEN BOROUGH).
Deferred: October 9, 1990
Recommendation: APPROVAL
K. APPOINTMENTS
HISTORICAL REVIEW BOARD
PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE
TRANSPORTATION SAFETY COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. RESORT RENAISSANCE
Timothy Barrow, Chalrman, Resort Area Advisory Commission
(Requested by Vice Mayor Robert E. Fentress)
N. ADJOURNMENT
CITY COUNCIL SESSION
RESCHEDULED
DECEMBER 6, 1990 2:00 PM
Reschedule of December 4
NATIONAL LEAGUE OF CITIES
(All Sessions of City Council are now held weekly on Tuesday)
10/11/90 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgitila Beacii, Virginin
October 16, 1990
Mayor Meyera E. Oberndorf called to order the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, October 16, 1990, at 10:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fenfress, Louis R.
Jones, Reba S. McClanan, Meyera E. Oberndorf and
Nancy K. Park6r
Council Members Absent:
Harold Heischober (ENTERED: 10:03 A.M.)
Paul J. Lanteigne (ENTERED: 11:55 A.M.)
William D. Sessoms, Jr. (ENTERED: 11:15 A.M.)
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C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
COMKUNITY CORRECRIONS RESOURCE BOARD
10:00 A.M.
ITEM # 33579
Gene A. Woolard, Chairman - Community Corrections Resource Board, expressed
appreciation to Sheriff Frank Drew, Hector Rivera - Assistant City Manager for
Human Services and his staff and Bessie Bell - Director of the Office of
Community Corrections.
Mrs. Bell distributed the Annual Report of the Office of Community Corrections.
Said report is hereby made a part of the record.
The Office of Community Corrections is a community based alternative program
which serves the Circuit and General District Courts of Virginia Beach. The
goal of the General Assembly in establishing the program was to provide a
sentencing alternative for certain non-violent offenders who needed less than
institutional care but could benefit from weekly intensive supervision to bring
them back into the productive mainstream of the community. The Community
Corrections Resource Board is comprised of nine (9) members and has monthly
meetings with exemplary attendance. The Board sets program policies and
procedures, through investigative reports and interviews determines which
clients get recommended for the program, sets special conditions for client
contracts; and finally, oversees all program operations. All felons of a
serious nature are interviewed and the reports of less serious felons are
reviewed. The Court makes the final decision. The Corrections Board provides
sentencing alternatives to the Court. The probation office is overworked and
their caseload excessive. The cost of incarceration, which has been estimated
at approximately $12,000 to $30,000 a year depending upon the guidelines wpon
which this expenditure is based, is reduced through the Diversion program.
Therefore, every individual who leaves the prison is a savings to the public.
Under the City's and Board's direction, the program, through its clients for
1989-90, provided approximately 17,000 hours in community service. The Board
also is involved with restitution of the victims and repayment of Court costs.
Mr. Woolard cited a success rate of 70% and expressed pride in their
accomplishments with the support of the City Council. The Board makes the
recommendation to the Court through the caseworkers. Richard Taylor, who is the
Chief Probation Officer of Virginia Beach, is the Vice Chairman of the
Community Corrections Resource Board. The funding of the Board had been cut
July 1, 1990, by 10% and Mrs. Bell has been notified these funds will be
replaced. Mrs. Bell advised the cost to the State to house a prisoner is
$50,000 compared to $16,000 for personal probation and $9,000 for Community
Diversion. The misdemeanor caseload entails approximately 35 to 45 prisoners.
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C I T Y M A N A G E R 'S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
10:15 A.M.
ITEM # 33580
The City Manager distributed an updated matrix relative the Chesapeake Bay
Preservation Area Ordinance: A Comparison of Staff, Planning Commission and
Local Assistance Department Versions as well as a map illustrating the
Recommended Watersheds for the Chesapeake Bay Preservation Areas. Said
information is hereby made a part of the record.
H. Clayton Bernick III, Director - Environmental Management, referenced the
matrix concerning the Geographic Extent which are the major areas the City
wishes to include in the Chesapeake Bay Preservation Area. The Staff
recommendation will be for the Chesapeake Bay Watershed or the areas to the
northern part of the City. The areas in Little Creek, Elizabeth River and
Lynnhaven Sub Watersheds constitute the Chesapeake Bay Watershed. The State law
does give the City the authority to extend the program outside the Watershed
should the City so desire and this could include all or any portions of the
area outside the Watershed. In those areas, the City does not have to abide by
the State requirements and does not have to meet the State mandated deadline;
however, the City can develop their own program utilizing the authority both
under the Chesapeake Bay Act and authority in the Zoning Code of the State Law
that has recently been changed to allow the adoption of local programs to
protect water quality. Should City Council choose to extend the program outside
the Chesapeake Bay Watershed, a package of Ordinances has been developed and
will be distributed. These Ordinances will apply only to the areas outside the
Watershed north of the GREEN LINE, which are the areas exhibiting the most
intense residential/urban development in the City.
This Ordinance has also been amended substantially from the model ordinance for
the Bay Watershed as it does not require inclusion of the "blue line" or
perennial streams and also would not apply to any agricultural activities --
only to urban development.
Relative Resource Protection Areas, the Staff version clarifies non-tidal
wetlands and the steep slope areas. The definition of non-tidal wetlands has
been redefined. Other than these clarifications, there is no real difference
between the Planning Commission and the Staff version, but it is believed the
Planning Commission version will simplify both administration and understanding
for the General Public.
In the Resource Management Area, there is a considerable difference in
definition. The Planning Commission version recommended the inclusion of an
area 100 feet wide adjacent to and landward of the Resource Protection Area, or
the entirety of any lot abutting, and landward of, an RPA, whichever is lesser.
The Staff version recommended the inclusion of the entirety of a lot if it is
smaller than 3 acres in size abutting, and landward of, a Resource Protection
Area, and if a lot was larger than three acres in size then the City would
recommend the 100-foot strip. Three acres is a minimum lot area for land
management purposes.
With reference to Subdividing Lots, there is a difference between the Staff and
the Planning Commission versions. The Staff is recommendating the lots
subdivided out of a Chesapeake Bay Preservation Area after October 1, 1989,
remain subject to the Ordinance. The Planning Commission version did not
include that provision. A lot may be removed from a Chesapeake Bay Preservation
Area by subdividing.
With relation to the Intensely Developed Areas, there is a substantial
difference between the Staff recommendation and the Planning Commission
version. The Planning Commission recommended on all lots existing as separate
lots prior to October 1, 1989, if any one of the three criteria in the State
regulations are met, then the lot would be eligible as an Intensely Developed
Area. There is one particular section in the State regulations which advised
these areas must meet a test where development is concentrated and where little
of the natural environment remains. The Staff version entailed areas of
existing development and infill sites where little of the natural environment
remains, provided that on October 1, 1989, the area had 50% more impervious
surface, public sewer and water and a density of at least 4 dwelling units. A
lot more area would be included in the Planning Commission recommendation than
was intended by the State regulations.
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C I T Y M A N A G E R 'S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 33580 (Continued)
The two primary areas where this Ordinance differs from the City's existing
rules are in the areas of Erosion and Sedimentation Control and Stormwater
Management. Currently, any development which disturbs less than 10,000 square
feet of area or roughly one-quarter of an acre does not have to file or request
approval for an Erosion and Sedimentation Control Plan. In areas that are
designated as Chesapeake Bay Preservation Areas (Resource Protection Areas or
Resource Management Areas), the threshold will now drop from 10,000 square feet
to 2500 square feet, which is a State mandate. The regulations of the State's
program for Chesapeake Bay Preservation Areas are far more restrictive than the
City's current Stormwater Management Ordinance. In the Chesapeake Bay
Preservation Area Ordinance, development is held to a higher water quality
standard than through the Stormwater Management Ordinance. Currently, the City
does not require a plan for Stormwater Management be submitted if the applicant
is developing less than five single-family dwelling units nor does the City
require any Stormwater requirements on agricultural activity anywhere in the
City. Under the Chesapeake Bay regulations, agricultural activity in the
Chesapeake Bay Watershed is required to be regulated. There is a requirement
now that BMP's be utilized, but this is optional between the farmer and his own
use of the land. In addition, the threshold for five-single family dwelling
units drops down so that every single home must meet BMP requirements.
Currently, the City requires a development hold its run-off to a ten-year storm
standard basically this entails if a 10-year storm occurs, the water be
captured and held on site either through a pond or infiltrated such as it is
held a minimum of 48 hours to meet water quality requirements. Under the
Chesapeake Bay regulations, there is no storm threshold and the standard is
that post development runoff not increase either in volume or quality over
predeveloped runoff.
Because of these new requirements, there will be more impact in development
review. A single-family home currently only needing to receive a building
permit for approval will now have to go through a site plan approval process.
This single-family developer will have to meet the Stormwater requirements
within the Chesapeake Bay Watershed and submit an Erosion Control Plan if they
disturb more than 2500 square feet on the site. Additionally new fees will be
proposed to cover single-family development review and one-time appeals fee.
Myths have arisen regarding the Chesapeake Bay Preservation Act involving not
being able to build swimming pools. The regulations only set standards. They do
not prohibit development. If one's home were destroyed, the individual would be
able to replace same in-kind.
City Council requested the Chesapeake Bay Preservation Ordinances scheduled for
the City Council Agenda of October 23, 1990, be proposed with an effective date
of December 1, 1990. The Staff cannot complete the mapping until final approval
is received as to what will constitute the Chesapeake Bay Preservation Areas.
A Chesapeake Bay Preservation Ordinance information WORKSHOP is SCHEDULED for
Thursday, October 18, 1990, at 5:30 P.M. in the City Council Chambers.
Invitations have been extended to Representatives from the Tidewater Builders
Association, the Board of Realtors, the various Environmental Groups, Farm
Bureau, Civic Leagues as well as the general public. The City Manager will
place a notice of this meeting on Channel 29. As per request of City Council,
this Information Workshop shall be video taped. An invitation has also been
extended to Delegate Glen Croshaw.
Mayor Oberndorf referenced a video tape available for City Council's review
taken on October 14, 1990, narrated by Richard Whitmore, of the impact of
development illustrating Back Bay, the canals in Lago Mar, the different
watersheds at Ocean Lakes, the Malbon Pig Farm, et cetera. This focused not on
farming but on the growth of homes.
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C I T Y M A N A G E R 'S B R I E F I N G
CAPITAL IMPROVEMENT PROGRAM
FY 1990-91 - 1994 -95
11:07 A.M.
ITEM # 33581
E. Dean Block, Assistant City Manager for Administration, advised the largest
single item in STORMWATER PROJECTS, is CIP 2-704, Beach Erosion Control and
Hurricane Protection. The ultimate local share is estimated to be approximately
$30-MILLION. The City has identified approximately $2.2-MILLION in local funds
which would pay the City's contribution over the next several years to
continuing the design work on the project. CIP No. 2-113 NPDES Stormwater
System Permit Application will provide the mechanism for the City to obtain a
National Pollutant Discharge Elimination System Stormwater Permit as required
under the 1987 Clean Water Act.
With reference to the CIP Project #2-800 Lynnhaven Colony Drainage, C. Oral
Lambert, Jr., Director of Public Works, advised the City has been working with
the residents and has an interim project which should satisfy the requirements
calling for heavy landscaping and a grass lined ditch. If this solution
satisfies, the larger project can be eliminated.
With reference to CIP #2-902 North Beach Storm Drainage - Phase III, this
project is for construction of a pump station for the North Beach area around
61st Street with a submerged ocean outfall and a gravity trunk line along
Atlantic Avenue. Side street gravity systems are included under Phase IV as a
booster pump station at 54th Street. Phased construction of the pump station
submerged ocean outfall and the trunk line is anticipated.
All of the Stormwater Projects are subject to the approval of the Corps of
Engineers.
Relative CIP Project #2-830 Rudee Inlet, the cost has increased to $6.6-
MILLION. The anticipated percentage of the Corps' dredging on an annual basis
has been programmed which should commence this Fall. An annual cost of $200,000
has been projected.
Bikeway Projects relates only to those bikeways which are not a part of a road
construction project. Listed separately in the road section are those projects
of a road nature which have bikeways associated with them.
Resort Area Projects are a joint effort between the City staff of the Resort
Programs Office and the Resort Area Advisory Commission. $20-Million of the
special road bonds could accelerate the program by several years. For example,
the City could have 35 blocks of Atlantic Avenue with underground utilities and
25 of those blocks (plus side streets and stub streets) fully completed by the
spring of 1993. The current general fund contribution and 1/2 cent hotel and
meal taxes must continue. To insure full funding of the debt service, a modest
extension of the current sunset provisions of the hotel and restaurant meal tax
is needed, but no tax increase is proposed.
Essentially a pledge bond is a revenue bond by a different name. Rather than
having a revenue bond which pledges a source of financing related to a facility
or a system, the City simply has a bond of a general government nature for a
general government purpose which pledges some portion of general government
revenues other than the property tax.
PUBLIC HEARING of the CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994-95 has been
SCHEDULED for Thursday, November 1, 1990, at Princess Anne High School at 7:00
P.M.
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IT EMS OF T HE C IT Y MANA GE R
FY 1990-91 and FY 1991-92 OPERATING BUDGETS
12:15 P.M.
ITFII # 33582
The City Manager distributed a package of detailed information relative FY
1990-91 and FY 1991-92 Operating Budgets. Said information is hereby made a
part of the record:
Summary of Funding Reductions and Shortfall
Funding Reductions and Shortfall
Remedies to cover Funding Reductions and Shortfall
Over the last several months, the City has been deeply impacted by actions of
the State and Federal Government. The impact of the Persian Gulf situation as
related to fuel prices has meant the City's Budget originally established at
70cts a gallon as of last Friday has risen to $1.10 which alone represents a
$500,000 shortfall. The consequence of the Federal Budget deficit issues
continues to impact the City. Based on the information available, the State
will be contributing very little to the growth in the School Budget in FY
1991-92. The City has yet to receive firm information on the future of federal
impact aid for schools which currently totals $6.3-MILLION and could be
reduced. These concerns are heightened by the expected slow growth in local
revenues, providing little or no flexibility to make up for State and/or
Federal actions, much less meet all local needs. The City Manager perceives
this as at least a two-year problem and one that will, unless improvements are
made by the General Assembly, greatly strain the local ability to provide for
education and sustain basic City programs. The City Manager outlined the
Principles and Goals.
Insure a balanced FY 1990-91 Budget without the need for additional
revenue action by City Council.
Preserve and where possible enhance the momentum of the capital plan,
including roads, schools and Economic Development-related actions.
Do not supplement or substitute City funding for reductions in State
budgets where the reductions can be identified to a specific agency.
Enforce various State agency budget reduction instructions (e.g.
Compensation Board specific guidelines.
Avoid layoffs. Any position reductions will be by attrition.
To the maximum extent possible, take actions in FY 1990-91 which are
sustainable in FY 1991-92 and which contribute to addressing longer
term needs.
In FY 1990-92, emphasize recovery of cost of service, user fees and
similar funding sources to reduce impacts (e.g. stormwater utility,
refuse disposal fees).
Maintain the fund balance reserve within the ordinance policy
parameters (75% - 100%). The City Manager will be reluctant to
explicitly use fund balance unless in pursuit of a long-term strategy
or with the direction of City Council.
Insure fair division of burden between school and City services.
Develop quality and productivity programs to create improvements and
savings. Utilize a portion of those savings to assist in meeting
employee benefit needs.
Reduce workload demands consistent with resource reductions and
limitations. Where necessary and unavoidable, services will be
reduced.
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IT EMS OF T HE C IT Y MANA GE R
FY 1990-91 and FY 1991-92 OPERATING BUDGETS
ITEM # 33582 (Continued)
The estimated shortfall for FY 1990-91 totals $15.4-MILLION. The shortfall in
FY 1992 as best identified at this point in time approaches $20-MTLLION.
The City Manager identified actions previously taken:
Deferring/deleting $1.4-MILLION from the budgets of
City Agencies.
Asking and receiving of the school system the
deletion of $600,000 in FY 1990-91 spending.
Imposing a position freeze in which the filling of
any vacancy required the City Manager's approval.
Imposing a selective freeze on equipment purchases.
The savings and avoided costs of these actions to-date total approximately
$4.13-MILLION. The position freeze will be continued. The City Manager will be
taking the steps outlined in the summaries which include plans to reduce full
time equivalent positions by 50-100 over the remainder of this fiscal year. In
addition, the City Manager will be requesting the Police and Fire Chiefs to
undertake a careful review of the potential for further civilianization of
those agencies to maximize the sworn officers actually on the street. Further,
because the State appears to be backing away from so many of their
responsibilities, the City Manager will undertake a review, in careful
consultation with the agencies concerned, of City subsidies and supplements to
State-funded/reimbursed agencies and officers, idcluding reviewing the
definition of "City" employee for pay and benefit purposes (e.g. supplements
for constitutional officers). The City @lanager is also examining organizational
changes which can help in focusing on key priorities, streamline and improve
communication and better align the organization with the City's Mission
Statement. The City government will be smaller in terms of manpower; some
services, particularly those heavily dependent on State funding, will be
reduced; some ability to respond will be curtailed.
State Compensation Board: Reduction of $128,480 in the Compensation
Board's FY 1990-91 reimbursement to the City. It is estimated that
the revenue projected for FY 1991-92 will be reduced by $239,037 due
to the State's action.
State Aid to Law Enforcement: Reduction of $221,419 in the funding
for FY 1990-91. For FY 1991-92, the projected revenue will have to be
reduced by the same amount to maintain the FY 1990-91 base.
Emergency Management Services: The FY 1990-91 funding will be reduced
by $3,763. The projected funding reduction for FY 1991-92 is $3,933.
Maintenance of Roads: FY 1990-91 funding will be decreased by
$530,373. The FY 1991-92 revenue amount will be reduced by
$1,197,691.
State Recordation Fee: $1,250,000 will be eliminated for FY 1990-91.
Projected State funding of $2,318,982 for FY 1991-92 will also be
eliminated due to this action.
Public Assistance Grants: Projected revenues for FY 1990-91 show a
reduction of $198,512. FY 1991-92 projected estimates would show a
reduction of $348,330 based on the premise that the base revenue
amount will be the same as FY 1990-91
State Aid - Library: The FY 1990-91 funding will be reduced by
$34,125. There will be a $47,320 reduction to the FY 1991-92
estimate.
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IT EMS OF T HE C IT Y MANA GE R
FY 1990-91 and FY 1991-92 OPERATING BUDGETS
ITEM # 33582 (Continued)
State Appropriation - Erosion Control; FY 1990-91 funding will be
reduced by $91,200. Projected revenue for FY 1991-92 will be reduced
by $94,200 to maintain the adjusted base.
Direct Aid to Public Education: The FY 1990-91 state funding for
public education will be reduced by $2,594,076. The projected FY
1991-92 revenue will be reduced by $8,518,633, based on estimate of
State-wide reductions.
Department of Corrections - Pendleton Project: FY 1990-91 funding
will be reduced by $14,047. The projected revenue for FY 1991-92 will
have to be reduced by $23,254.
Community Services Board and Public Inebriate Center: FY 1990-91
State funding will be reduced by $136,760 and $5,540, respectively
from these two agencies, at total of $142,300. The FY 1991-92
projected reduction totals $407,766 and is comprised of $401,895 and
$5,871 from the respective agencies, to maintain the adjusted base of
funding.
Fund Balance Availability: The actual Fund Balance of June 30, 1990,
was $5,820,980 less than the amount estimated in the FY 1990-91
Operating Budget
Personal Property Revenue Estimate Adjustments: The original FY
1991-92 projection will have to be reduced by $5,745,394.
Fuel Costs: The recent increases in fuel costs will serve the same
effect as a $496,599 reduction in revenues.
The City Manager itemized his remedies to cover funding reductions and
shortfalls. Said remedies are hereby made a part of the record.
The City Manager's presentation will be televised on both Cox Channel 11 and
the Municipal Cable Channel 29.
Copies of the City Manager's presentation will be forwarded to the City's
delegation of the General Assembly and all City Department Heads.
BY CONSENSUS, City Council AUTHORTZED the City Manager to advise the recipients
there will be a 5% reduction of unissued funds for City Organization Incentive
Grants. The FY 1992 rate for City grants will be reduced from $1.00 to $.75
per capita. Councilwoman McClanan advised a caveat should be included that if
it should prove essential, the reduction could be more. The amount of the
City's annual contribution for the Arts and Humanities Commission will be
reduced from $1.00 per capital to $.75 per capita in FY 1992.
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ITEM # 33583
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bul [ding, on
Tuesday, October 16, 1990, at 1:15 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.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
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ITEM # 33584
Mayor Meyera E. Oberndorf entertained a motion tO permit City Council to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration ot appointment Of specific
public appointee-s pursuant to Section 2.1-344(A)(1). To-wit: Appointments -
Boards and Commissions as listed In the Formal Agenda.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use ot real property for public purpose, or of the
disposition of publicly-held property pursuant to Section 2.1-344(A) (3).
To-Wit: Potential location of a sports and recreational facility In the City
of Virginia Beach.
Upon motion by Councilman Sessoms, seconded by Councilman Clyburn, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Mernbers 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
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 16, 1990
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,
October 16, 1990, 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
Council Members Absent:
None
INVOCATION: Reverend Joseph Carson
Memorial United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 33584
Page No. 10, 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, TIIEREFORE, 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.
l,ith Hodges Smi
rity Clerk October 16, 1990
- 12 -
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33585
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CERTIFIED THE EXECUTIVE SESSION To BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
fleischober, 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
- 13 -
Item VI-F.I.
MINUTES ITEM # 33586
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of October 9,
1990, as CORRECTED.
ITEM # 33547, Page 7, City Council Concerns
Councilman Baum not Councilwornan Parker referenced
the article in fhe-VIRGINIA-PILOT/LEDGER STAR with
reference to the ten (10) worse bridges in the
area.
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
- 14 -
I tem V I -G.
PRESENTATION ITEM # 33587
Mr. James R. Bergdoll, Vice President, College Relations and Planning -
Virginia Wesleyan College advised October 14-20 has been designated as NATIONAL
HIGHER EDUCATION WEEK. Mr. Bergdol I recogn [zed those representatives of Higher
Education In attendance.
Dr. David Haeger
Associate Vice Presldent for Academic Affairs
Old Dominion University
Dr. Ronald Proctor
Assistant Vice President for Academic Affairs
Associate Director of Virginia Beach Graduate Center
Norfolk State University
Dr. Michael L. LaBouve
Provost
Tidewater Community College
Dr. John Mulford
Dean
School of Business Administration and Management
Regent University
Julia C. Heffernan
President
Commonwealth College
Twenty-five years ago the higher educational sector in South Hampton Roads was
very I i m I ted. 0 1 d Dom I n I on an d Norf o I k State Co I I eg es were d I v i s i on s of other
State un I v er s i t I es. The cornm un I ty co I I eg e system was j ust being organized.
Construction had just begun on the first buildings at Virginia Wesleyan. Regent
University had not been established. Twenty-five years later, combined
enrollments total 29,612 students with 3,995 personnel and an operating budget
totaling $238.3-MILLION. Old Dominion and Norfolk State have become important
urban universities and relate particularly to Virginia Beach through the
Graduate Center at Princess Anne Plaza. The second largest campus of the
State's community college system is now in Virginia Beach. Virginia Wesleyan,
located physically In both the cities of Virginia Beach and Norfolk, fulfills a
distinctive mission here as the only private, four-year liberal arts college.
Commonwealth College, with a branch in Virginia Beach, represents here today
nLonbers of other proprietary schools in the City. Regent University offers
specialized graduate degrees in eleven areas of study. The Medical College of
Hampton Roads has a special relationship with the City .
Mayor Oberndort again requested Dr. Ron Proctor to advise the President of
Norfolk State University, Dr. Harrison Wilson, of her appreciation for his
extraordinary leadership and courage.
- 15 -
Item VI-H.l.
RESOLUTIONS ITEM # 33588
Richard H. Ramsey, Sr., 4203 Coffman Boulevard, Chesapeake, Virginia, Phone:
488-6578, registered in Opposition. Mr. Ramsey presented each Member of City
Council with a copy of the book entitled "The Metrocrat" by Jo Hindman, an
authority opposing rise of Regional Government.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council DEFERRED INDEFINITELY:
Resolution reaffirming City Council's support of
the concept of a Regional Jail; and, requesting the
Hampton Roads Planning District Commission to
pursue the planning of such a facility.
City Council directed the City Manager to
reappropriate funds in the amount of $164,796,
previously set aside for this participation.
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
- 16 -
Item VI-H.2-
RESOLUTIONS ITEM # 33589
Upon motion by Counci Iman Brazier, seconded by Counci lman Heischober, City
Council ADOPTED;
Resolution referring to the Planning Commission a
proposed amendment to Section 253 of the City
Zoning Ordinance re open space prornotion
requirements.
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
Councilman Sessoms left at 2:40 P.M. for a Business Appointment
A RESOLUTION REFERRING TO THE
PLANNING COMMISSION A PROPOSED AMENDMENT
TO SECTION 253 OF THE CITY ZONING ORDINANCE
PERTAINING TO OPEN SPACE PROMOTION REQUIREMENTS
WHEREAS, the Open Space Promotion Option has been a successful
design tool on certain waterfront developments in the city, and
WHEREAS, prior to recent amendments to the City Zoning Ordinance
it was common for subdividers to plat open space easements along the
,,ater's edge, thus encumbering waterfront lots, and
WHEREAS, these easements prohibit the construction of private piers
and docks, thereby frustrating the opportunity for waterfront property
owners to gain reasonable access to the water,
NOW, THEREFORE, BUT IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
The Planning Commission is requested to provide its recommendation
to the City Council on the attached proposed amendment to the City
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 16 day of October -, 1990.
AN ORDINANCE TO AMEND AND RMRDATN
S=CN 253 OF TM CITY ZONING ORDIWCE
P TO OPEN SPAM ON
BE IT 0 BY =, COWCIL OF 71-M, CITY OF @@ BFACII,
@t @ion 253 of the city zoning ordinance is lier@ a@nded and
r ined in part as foll @ :
Sec. 2-,3. Cpal in
(a) Applicability, @ Wen space p@tion option is applicable, in
the R-40 throucjh R-7.5 resiclential di@icts only.
(b) Iiinimum area of devel t. lbe min@ area to be d,,vnl@
under the open spaoe pr@ion option rhall be twenty (20) aores.
(c) U@ recjulations. ne uses and structures permitted are those
@tted in the t@erlying zoning district.
(cl) lip-ight, sicjn ancl off-street p-arki-ng regulations. Heicjht, sign
and off-gtrpet parkhv regilatiom thall @- @e @ as reqtlired in the
underl.ying zo@ dist-xict,.
(e) Open @ce. PniTiLe@,. @ere sliall. Iv. an as-@ance of adequate
prcrvision fcyr the mintp.@, of @ @ce in ea(--h @, whetlier the open
sWce is univproved or inproved,
(1) UniTrPro@ @ @m. If the applicant ha-, no plan to erect a
@tantial recreational structtire or other inprov@ts on the
pr@y, he shall bp requi-red to dedicate thp entire @-n %Moe
to th(, city in order to uti.lize thir option. Tn this @, the
city aoll @ all respc)nsibilities for Tmiri
(2) Inproved Open @oe. If the applicant plan,-; to er@ a r@tional
st-ructure or mke other inpr@t,-; to the open space which, in
the opinion of oity @il, are mffficiently @tantial to
enccurage responsible property rain byah associaticn
or other similar agent, then city cm=il my allow trwLsfer of
ip and argunption of all im:Ln regponsibilities to
such agent, provided that sufficient evidenoe of rain
capability on the part of the agent is pr@ted to city council,
wid further provided that no nore tban fifty (50) @@t of the
building pexmits for the projer-t smll be i-@ed before the proposed
r@eational facilities are conpleted and Tnacle available for use hy
the residents.
(f) Required Each W- @- promtion plan @ll provide
a minimm of fif@ (15) peroent of the total tract acreage as open @ce,
excluding @eets ard parking areas. All open @ce areas shall be tly
mainata@ @ I ped park, recreational space, or natural areas. No
Moi @m @ll be @ except in its natural state or for @ity
r@e,ational-related uses 29t private piers- gW boat d@ Mai i be
a accesso @. No opm 6WM smll be PaLrt of a platted residential
lot, f loodway portion of any f l@l@, body of water, wetl@ or be
l@bL,red by a public or private utility @t wh@ total width is
greater than twenty (20) feet. No structiire r-hall be er except for
min or recreatioi@ purposes,
Adopted by the ii of the city Of v@inia Beadi, Virginia, on
th day of 1990.
- 17 -
Item VI-1.
CONSENT AGENDA ITEM # 33590
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council APPROVED In ONE MOTION Items 1, 2, 3 a./b., 4, 5, 6, 7 and 8 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, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
item VI-1.1.
CONSENT AGENDA ITEM # 33591
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council ADOPTED:
Ordinance to MEND and REORDAIN Section 21-22 of
the Code of the City of Virginia Beach, Virginia,
re Inspection of vehicles generally.
Voting: 10-0
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. McC]anan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
Wliliam D. Sessoms, Jr.
APPRO@'el:
1 AN ORDINANCE TO AMEND
2 REORDAIN SECTION 21-22 OF THE
AND
3 CODE OF THE CITY OF VIRGINIA 931-t A@-,@ORM
4 BEACH, VIRGINIA, PERTAINING TO
5 INSPECTION OF VEHICLES
6 GENERALLY.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-22 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 21-22. Inspection of vehicles generally.
12 (a) When the superintendent compels, by proclamation of the
13 governor or otherwise, the owner or operator of any motor vehicle,
14 trailer or semitrailer& registered in virginia and operated upon
15 the highways within this state to submit such vehicle to an
16 inspection of its mechanism and equipment by an official
17 inspection station designated for that purpose, any owner or
18 operator of any such motor vehicle, trailer or semitrailer
19 operated upon the highways of this city, who fails to submit such
20 motor vehicle, trailer or semitrailer to such inspection, or who
21 fails or refuses to correct or have corrected, in accordance with
22 the requirements of this chapter or of state law, any mechanical
23 defects found by such inspection to exist, shall be guilty of a
24 traffic infraction and each day that such motor vehicle, trailer
25 or semitrailer is operated over any highway of the city after
26 failure to comply with this section shall constitute a separate
27 offense.
28 (b) The penalty provided for violation of this section shall
29 not be imposed upon any owner or operator for operation of a motor
30 vehicle, trailer or semitrailer after the expiration of a period
31 fixed for the inspection thereof, over the most direct route
32 between the place where such vehicle is kept or garaged and an
33 official inspection station, for the purpose of having the same
34 inspected pursuant to a prior appointment with such station for
35 such inspection.
36 (c) The provisions of this section shall not apply to any
37 vehicle for transporting well-drilling machinery licensed under
38 section 46.2-700 of the Code of Virginia, or to any vehicle, as
39 defined under section 46.2-105 of the Code of Virginia, and
40 licensed pursuant to section 46.2-730 of the Code of Virginia.
41 Adopted by the Council of the City of Virginia Beach,
16 October
42 Virginia on the day of 1990.
43 CA-3878
44 \ordin\proposed\21-22.ord
45 R-1
2
- 19 -
Item VI-1.2.
CONSENT AGENDA ITEM # 33592
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council ADOPTED:
ordinance authorizing the City Manager to enter
into a contract on behalf of the City with Barker,
Campbell and Farley to administer the Convention
and Tourism advertising account of the Department
of Convention and Visitor Development.
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 ENTER INTO A CONTRACT ON BEHALF OF THE CITY
3 WITH BARKER CAMPBELL & FARLEY TO ADMINISTER
4 THE CONVENTION AND TOURISM ADVERTISING ACCOUNT
5 OF THE DEPARTMENT OF CONVENTION AND VISITOR
6 DEVELOPMENT.
7
8
9 WHEREAS, on February 26, 1990, city Council established
10 the Advertising Advisory Review Committee for the purpose of
11 selecting the agency that is the most qualified to administer the
12 convention and tourism advertising account of the Department of
13 Convention and Visitor Development;
14 WHEREAS, with guidance and input from the Committee, the
15 City issued a Request for Proposals (RFP) on July 13, 1990, for the
16 selection of an agency to administer the convention and tourism
17 advertising account;
18 WHEREAS, nine (9) agencies submitted proposals in
19 response to the RFP;
20 WHEREAS, the Committee evaluated and ranked the
21 proposals, and chose five (5) agencies for further consideration
22 based on a determination that the five agencies chosen were the
23 most qualified to perform the services outlined in the RFP in a
24 manner most consistent with, and favorable to the City's needs;
25 WHEREAS, the five top-ranked agencies made presentations
26 to the Committee in an effort to further demonstrate their ability
27 to administer the City's convention and tourism advertising
28 account;
29 WHEREAS, based on the written proposals and on the
30 presentations, the Committee determined that the agency of Barker
31 Campbell & Farley provided the best proposal and, therefore, is the
32 most qualified agency to provide the services outlined in the RFP
33 at a level most consistent with, and favorable to the City's
34 specific needs.
35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37 That the City Manager is hereby authorized to enter into
38 a contract, on behalf of the city, with Barker Campbell & Farley
39 to administer the convention and tourism advertising account of the
40 Department of Convention and Visitor Development.
41 Adopted by the Council of the City of Virginia Beach this
42 16 day of october 1990.
43
44
45
46 CA-3955
47 \ordin\noncode\tourism.ord
48 R4
2
- 20 -
Item VI-1.3.a.
CONSENT AGENDA ITEM # 33593
Upon motion by Counc II man Helschober, seconded by Counc II man Cly burn, Cl ty
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $132,500
grant from the United States Marshals Service in
the Sheriff's FY 1990-1991 Operating Budget re
renovation within the correctional center.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE TO ACCEPT AliD APrRO11RIATE A @132,500 GRANT
2 FROM THE UNITED STATES MARSHALS SERVICE IN THE SHERIFF'S
3 FY 90-91 OPERATING BUDGET FOR RENOVATION WITHIN THE CORRECTIONAL CENTER
4 WHEREAS, the Sheriff's Office is responsible for the incarceration of all
5 prisoners in the City of Virginia Beach;
6 WHEREAS, to address overcrowded conditions, the City and the United States
7 Marshals Service have negotiated a cooperative agreement in which a grant of
8 $132,500 will be used for renovation within the Virginia Beach Correctional
9 Center;
10 WHEREAS, the grant provides funding for completion of double bunking and
11 upgrading the existing camera system.
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA that a grant in the amount of $132,500 be accepted and
14 appropriated in the Sheriff's Office FY 90-91 Operating Budget for renovation
15 within the Correctional Center only for the term of the grant.
16 BE IT FURTHER ORDAINED that appropriations be offset by a $132,500 increase
17 in estimated revenue.
18 Adopted by the City Council of the City of Virginia Beach, Virginia, this
19 day of 1 1990.
20 This shall be effective from the day of its adoption.
21 First Reading: October 16, 1990
22 Second Reading:
- 21 -
Item VI-1.3.b.
CONSENT AGENDA ITEM # 33594
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council APPROVED, upon FIRST READING:
Ordinance to establish thirteen (13) Category
Positions; and, APPROPRIATE $41,000 re Home Health
Personal Care Prograrn.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paui J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE TO ESTABLISH CATEGORY POSITIONS
2 AND TO APPROPRIATE $41,000 FOR THE
3 HOME HEALTH PERSONAL CARE PROGRAM
4
5
6 WHEREAS, the Virginia Beach Department of PubliC Health haB provided home-
7 based skilled services to elderly and disabled rebidents of Virginia Beach in need
8 of aBBistance for daily livi*ng through the contractual employment of nursing
9 aBBiBtantB with costs for these contracts paid by reimbursements from Medicaid;
10
11 WHEREAS, recent action of the State Department of Health converted thebe
12 contractual employees to wage POBitions at COBts in excebs of available
13 reimbursement, causing program continuation to be in jeopardy unless an alternate
14 means of payroll administration could be found for the nursing assistants;
15
16 WHEREAS, these home-based services are viewed as a critical component of the
17 continuum of care for elderly and disabled seeking to avert institutionalization;
18
19 WHEREAS, the State Health Department has agreed to use Medicaid revenues to
20 reimburbe to the City of Virginia Beach all CoStB associated with employment of
21 thirteen (13) nursing assistants for home-based personal care services;
22
23 WHEREAS, the employment of nursing assistant positions as a part of the
24 city's perbonnel system will require no direct financial support of the city.
25
26 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
27 VIRGINIA, that thirteen (13) category positions for home based personal care be
28 created in the Virginia Beach Public Health Department.
29
30 BE IT FURTHER ORDAINED that funds in the amount of $41,000 be appropriated
31 for wage and fringe benefit costs of these positions, and that Revenue from the
32 Commonwealth for FY 90-91 be increased by $41,000.
33
34 This ordinance shall be effective from the date of its adoption.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the
37 day of october, 1990.
38
39 First Reading October 16, 1990
40 Second Reading
- 22 -
Item VI-1.1.4.
CONSENT AGENDA ITEM # 33595
Letter from the Sandbridge Beach Civic League in support of the Ordinance Is
hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
CouncII ADOFRED:
Ordinance to establish the Sandbridge Public Beach
Restrooms and Parking Lot Project In the FY 1990-
1994 Capital Improvement Program; and, TRANSFER
$287,500 from appropriated Capital improvement
projects and reserves.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, JaMe5 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 Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
I AN ORDINANCE TO ESTABLISH THE
2 SANDBRIDGE PUBLIC BEACH REST ROOKS AND PARYING.LOT
i PROJECT IN THE FY 90-94 CAPITAL IMPROVEMENT PROGRAM AND
4 TRANSFER $287,500 FROM APPROPRIATED
5 CAPITAL IMPROVEMENT PROJECTS AND RESERVES
6 WHEREAS, Sandbridge Public Beach public rest rooms were destroyed during
7 a winter storm and portable toilets are currently being used;
8 WHEREAS, there are not ample parking facilities for the public;
9 WHEREAS, the City has acquired a total of six (6) acres of property in the
10 vicinity of the public beach;
11 WHEREAS, approximately two acres of the aforesaid property are located at
12 the corner of Sandbridge Road and Sandfiddler Road and would provide the
13 necessary acreage for replacement of restrooms and additional parking;
14 WHEREAS, it is estimated that funds in the amount of $287 1500 would be
1,
15 required to replace the rest rooms and provide additional parking;
16 WHEREAS, the $287,500 is available for transfer from within the current
17 Capital Improvement Program.
18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA, that the Sandbridge Public Beach Rest Rooms and Public Parking Lot be
20 established as a capital project;
21 BE IT F[JRTHER ORDAINED, that $287,500 be transferred from within the
22 current Capital Improvement Program to fund this project.
23 This ordinance shall be in effect from the date of its adoption.
24 Adopted the 16 day of October 1990, by the Council of the City
25 of Virginia Beach, Virginia.
26
- 23 -
Item VI-1.1.5.
CONSENT AGENDA ITEM # 33596
Upon motion by Co unc II man He i schober, seconded by Counci I man Clyburn, City
Council ADOPTED, AS AMENDED*:
Ordinance to authorize a temporary encroachment
Into a portion of the navigable waterway of
Bluegill Inlet to John E. Price re construction and
maintenance of a proposed bulkhead and foot dock
adjacent to 2769 Sandpiper Road (PRINCESS ANNE
BOROUGH).
*On Line 35, the words "(any officer of)" shall be deleted.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner or his agent must obtain an approved
waterfront permit prior to cornmencing any
construction within the City's property.
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 NAVIGABLE WATER WAY OF
6 BLUEGILL INLET TO JOHN E.
7 PRICE, HIS HEIRS, ASSIGNS
8 AND SUCCESSORS IN TITLE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That pursuant to the authority and to the extent thereof
12 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
13 John E. Price, his heirs, assigns and successors in title is
14 authorized to construct and maintain a temporary encroachment into
15 the navigable water way of Bluegill Inlet.
16 That the temporary encroachment herein authorized is for
17 the purpose of constructing and maintaining an 80 foot bulkhead and
18 a lOxl6 foot dock and that said encroachment shall be constructed
19 and maintained in accordance with the City of Virginia Beach Public
20 WorkS Department's specifications as to size, aligrunent and
21 location, and further that such temporary encroachment is more
22 particularly described as follows:
23 An area of encroachment into a
24 portion of the City's navigable water
25 way known as Bluegill Inlet, on the
26 certain plat entitled: "PLAT SHOWING
27 PROPOSED BULKHEAD DOCK & DECK
28 ENCROACHMENT EXHIBIT 'A' , " a copy of
29 which is on file in the Department
30 of Public Works and to which
31 reference is made for a more
32 particular description.
33 PROVIDED, HOWEVER, that the temporary encroachment herein
34 authorized shall terminate upon notice by the City of Virginia
35 Beach to John E. Price, his heirs, assigns and successors in title
36 and that within thirty (30) days after such notice is given, said
37 encroachment shall be removed from the city's navigable water way
38 known as Bluegill Inlet and that John E. Price, his heirs, assigns
39 and successors in title shall bear all costs and expenses of such
40 removal.
41 AND, PROVIDED FURTHER, that it is expressly understood
42 and agreed that John E. Price, his heirs, assigns and successors
43 in title shall indemnify and hold harmless the CitY of Virginia
44 Beach, its agents and employees from and against all claims,
45 damages, losses and expenses including reasonable attorney's fees
46 in case it shall be necessary to file or defend an action arising
47 out of the location or existence of such encroachment.
48 AND, PROVIDED FURTHER, that the party of the second part
49 agrees to maintain said encroachment so as not to become unsightly
50 or a hazard.
51 AND, PROVIDED FURTHER, that the party of the second part
52 agrees to obtain an approved waterfront permit.
53 AND, PROVIDED FURTHER, that this ordinance shall not be
54 in effect until such time that John E. Price executes an agreement
55 with the City of Virginia Beach encompassing the aforementioned
56 provisions.
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the 16 day of October I 19 90
'APPROVED AS TO CONTENT
RE
DEPARTMENT
APPROVED AS TO
LEC@AL SUFFICIE@@4c@
A o
2
'PHI--, AGREEMENT, made this @@@d'ay of
o-
ig by and between the CITY OF VIRGINIA BEAC a
municipal corporation, party of the first part, and JOHN E.
PRICE, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
party of the second Part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an 80 foot wood bulkhead
and @xl6 foot dock in the City of Virginia Beach; and
nd maintaining such bulkhead
WHEREAS, in constructing a
and dock, it is necessary that the said party of the second part
encroach into a portion of existing City waters known as Bluegill
Inlet; and said party of the second part has requested that the
party of the f irst part grant a temporary encroachment to
facilitate such bulkhead and dock within a portion of the City's
waters known as Bluegill Inlet.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's waters known as
Bluegill Inlet for the purpose of constructing and maintaining
such bulkhead and dock.
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Conunonwealth of Virginia and the
city of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's waters known as Bluegill Inlet as
shown on that certain plat entitled:
"PROPOSED BULKHEAD DOCK & DECK AT SANDBRIDGE,
VA. BEACH," a copy of which is attached
hereto as Exhibit "All and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's waters known as Bluegill Inlet by the party of the second
part; and that the party of the second part shall bear all costs
and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
2
it is further expressly understood and agreed that
nothing herein contained stiall be construed to enlarge such
permission and autholity i:o permit the maintenance or
construction of any encL,:)a-,iiment other than that specified herein
and to the limited exterit specified herein, nor to permit the
maintenance and constructioii of any encroachment by anyone other
than the party of the second part.
it is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a liazard.
it is furtlier expressly understood and agreed that the
party of the second part must obtain an approved waterfront
permit prior to commencing any construction within the City's
property.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any mariiier provided by law for the collection
of local or state taxes; may require the party of the second part
to rejyiove such teinporary encroactiment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upori the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
3
made within the time ordered liereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100-00) per day for ea(,,ii atid every day that such encroachment
is allowed to cotitini@@ and shall collect such
compensation and penal-lies in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Jolin E. Price, the said party of
the second part has --aused this Agreement to be executed by his
signature and seal duly affixed. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behal.1 by its DepUty City Manager and its seal
be hereunto affixed and attested by its City Clerk.
@PROVED AS TO CONTENT
E
DEPARTMENT CITY OF VIRGINIA BEACH
By
Deputy ity Ma..ger
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
John E. Price, whose name is signed to the foregoing writing,
4
bearing date the day of 19 90, has
acknowledged the same before rne in mY City and state aforesaid.
Given under lily hand this )C)@ day of
my commission ExPires: elstl@-5 Nota
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
public in and for the City and State aforesaid, do hereby certify
that THOMAS M. MARTINSEN, JR., Deputy City Manager for the CITY
OF VIRGINIA BEACH, whose nanie is signed to the foregoing
Agreement bearing date on the -@') -7-L day of
lggc), has acknowledged the same before me in m ate
aforesaid.
GIVEN under my hand this day of
I 9 @-D
My Commission Expires: @ary/ Pub-Lic
@/ ,
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
5
t-b. day of -1 19 c33 , has acknowledged the
61
same before me in iny Cit@' aiid State aforesaid.
GIVEN uiider niy liaiid (Iiis day of
My Com-,nission Expires:(,/,@/95/ @taty Pubiic
ses
July 12, 1990
(encroacli\price.agr)
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- 24 -
Item VI-1.1.6.
CONSENT AGENDA ITEM # 33597
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council ADOPTED:
Ordinance appointing viewers In the petition of
Helen Leimbach Foos for the closure of portions of
a flfteen (15)-foot alley In Croatan Beach
(LYNNHAVEN BOROUGH).
The Vlewers are:
David M. Grochmal Director of General Services
C. Oral Lambert, Jr., Director of Public Works
Robert J. Scott Director of Planning
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
ORDINANCE APPOINTING VIEWERS
WHEREAS, flelen Leimbach Foos has given due and
proper notice in accord with law that she would, on the 16L-11
day of octlober , 1990, apply to the City Council of the City
of Virginia Beach, virginia, for the appointment of viewers
to view tlie below-described portions of a 151 alley,
Lyniihaven Borough, in the City of Virginia Beach, Virginia,
and to report in writing to this Council whether, in the
opinioii of said viewers any, and if any, what inconvenience
would result from the discontinuance, closure and
abandonment of said portions of a 151 alley; and
WIIEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that Robert J. Scott
C. Oral Lambert, Jr. and David M. Grochmal be
and each of them is hereby appointed to view those certain
portions of a 15' alley described as area of closure
adjoining Lots 7 & 19, and Lots 4, 5, 16 & 17, in Block 23,
Croatan Beach, and said viewers shall report in writing to
this Council as soon as possible, whether in their opinion
any, and if any, what inconvenience would result to the
public from tlie discontinuance, vacation and abandonment of
said portions of a 151 alley.
ADOPTED: October 16, 1990
@TOTI('F
TAKE @@O'I'ICL' C)f the intentior, of Helen Leimbach
Foos to appl-y to the City council of the City Of Virginia
Beacli, Virc4i-nia, at a meeting thereof on Tuesday, october
16, 1.990, at 2:00 p.m., in Council Charabers, @lunicipal
Admi.nistration Building, Princess Anne, virginia Beach,
virginia, at which time affected persons May appear and
preseiiL their views, for the vacation of two portions of
a 15 foot alley in Croatan, adjoining Lots 7, 19, 4, 5, 16
and 17, Block 23, in Lynnhaven Borougli of the City of
vi.rginia Beach, Virginia.
ach Foos
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACII, tO-Wit:
i, Grover C. Wright, Jr., Attorney for Helen
Lei,mbach F,oos, being first duly sworn, depose and state-
1. That i am an attorney at law and represent
Helen Leimbach Foos.
2. That on September 10, 1990, I requested THE
VIRGINlAN-PILOT, a newspaper having a general circulation in
the City of Virginia Beach, virginia, to publi-sh on
September 1.4, 1990, and September 21, 1990, notice of the
presenting of the application to close portions of a 15'
alley in Croatan Beach, Lynnhaven Borough, Virginia Beach,
virginia.
And further this th not.
Subscribed and sworn to befor h day
of September, 1990.
blic
my commission expires: May 31, 1993
State of Virginia AFFIDAVIT
City of Norfolk
This day Sharon White personally
appeared befope me and after being duly sworn made oath that;
11) (He) (She) is affidavit clerk of Virginian-Pilot/1-edger-Star
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, S,jffolk and Virginia Beach, State of Virginia;
(2) That the ad.ertisement hereto annexed of
-- -----,-Foos/Alley C has been published in said
newspaper on t!ie followinq dates:
9/14, 9/21 19 -_ 90
7111
Affiant
Stibscribed and sworn to before me in my city and state af,3resaid this
25th day of SeiDteniber - 19 gn
My commission expires
My COMMISSION EXPIRES APRIL 30, 7-$4
Notary Public
r C.
IN THE MATTER OF THE APPLICATION
OF IIELEN LEIMBACH FOOS, FOR THE
CLOSURE, VACATION AND DISCONTINUANCE
OF PORTIONS OF A 15 FOOT ALLEY
IN LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA"
PETITION
TO: The City council of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioner, the applicant, Helen Leimbach
Foos, who owns Lots 7 & 19, 4, 5, 16 & 17, in Block 23, Plat
of Croatan Beach, Lynnhaven Borough, Virginia Beach,
virginia, which is all C)f the property abutting the
hereinafter described portions of a 15' alley to be closed,
hereby applies for the vacation, closing and discontinuance
of those portions of a 15' alley adjacent to my said lots
designated as "Portion of 15' Lane To Be Closed" on that
certain survey made by Harold C. Warren, Jr., Land Surveyor,
dated May 7, 1990, entitled "Plat of Lots 4, 5, 16, & 17,
Block 23, Croatan Beach, Lynnhaven Borough, Virginia Beach,
Virginia, Showing Proposed Portion of 15' Lane To Be Closed
by City Council", and as "15' Alley To Be Closed" on that
certain survey made by John E. Sirine and Associates, Ltd.,
Surveyors & Engineers, dated May 2, 1990, entitled "Alley
closing Plat of Lots 7 & 19, Block 23, Croatan Beach,
Lynnhaven Borough, Virginia Beach, virginia, for Helen
Leirnbach Foos".
Your petitioner and applicant alleges that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portions of a 151 alley sought to be
closed and report in writing to the Council as to whether in
the opinion of the viewers what inconvenience, if any, would
result from the discontinuance and closure as herein sought,
at which time the petitioner will ask for passage of an
ordinance vacating the portions of a 151 alley sought to be
closed herein.
On Septeriil)er 14 p 1990, and on sept@mber 21
19go, notice of intention to apply for such vacation to the
Coullcil was published as required by law in the VIRGINIAN-
PILOT, a newspaper published or generally circulated in
Virginia Beach, Virginia.
Respectfully submittedp
@.O. Box 51
virginia Be@
GROVER C. WRIG14T, JR.
ATTORNEY AND COIJNSELLOR AT LAW, P C
.MT. 003 BPAC. TOWE. B@ll-ING
3.,I@ PAIII@C @V--"-
VIR(JINIA DEACII, VIRGINIA 234ri
PO.T 0-ICH "O- 51
VA, H@c., - -3--8
TELBCOPI-- (80.) 42@ 0114 AuguSt 2@,1990
office of the city Attorney
City of virginia Beach
Municipal Center
Virginia Beach, VA 23456
Re: CERTIFICATE OF TILTE
DESCRIPTION: All those certain pieces or parcels of
land, sitga-te, lying and being in Lynnhaven Borough, in
S ate of virginia, being
the city of virginia Beach, t
those portions of a 15, alley designated as "Portion of
a 15' Lane to Be Closed" on that certain survey
entitled "Plat of Lots,4, 5, 16 & 17 Block 23, Croatan
Beach, Lynnhaven Borough, virginia Beach, Virginia,
Showing Proposed Portions of a 151 Lane to Be Closed"
and designated as 1115' Alley to Be closed" on that
certain survey entitled "Alley Closing Plat of Lots 7
and 19, Block 23, Croatan Beach, for Helen Leimbach
Foos"; the subject portions of the 151 alley are
bounded on the east and west by property now owned of
record by Helen Leimbach Foos, and described as Lots 4,
5, 16, 17' 7 & 19, as shown on the aforesaid surveys
and on that certain plat of croatan Beach recorded in
the Clerk's office of the Circuit Court of the City of
virginia Beach, Virginia, in Map Book 24, page 37.
Gentlemen:
I certify that I have examined the record title,
as disclosed by the general indices, to the above-described
property, and find the sa- to be a dedicated alley, the fee
simple title to which, upon closure of portions of the 15'
alley in strict compliance with the laws governing the same,
will vest in Helen Leimbach Foos, subject to the following
exceptions:
Item 1. Defects, liens, encumbrances, adverse
claims or o er matters, if any, created, first appearing in
the public records or attaching subsequent to the effective
date hereof, but prior to the date the proposed owner
acquires for value of record the estate or interest covered
hereby.
Item 2. Taxes for the second half of the 1990
fiscal year, a ien, but not yet due and payable, any
supplemental taxes for recent improvements, and all taxes
for subsequent fiscal years.
office of the City Attorney
August 2, 1990
Page 2
Item 3. Restrictions appearing in Deed Book 267,
at page 15, i-n Deed Book 298, at page 81.
Item 4. Easement fifteen (15) feet from setback
line and two and one-half (21/2) feet along the rear and side
setback line recorded in Deed Book 213, age page 48.
Item 5. Judgment filed April 16, 1990, in
Judgment Book 72, at page 2166, in the amount of $528.90,
plus interest and costs, in favor of Chesapeake and Potomac
Telephone Company of Virginia against City of Virginia
Beach, virginia.
R
GCWJr:jas
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
HELEN LEIMBACII FOOS
AN ORDINANCE VACATING AND DISCONTINUING
PORTIONS OF A 15' ALLEY IN LYNNHAVEN
BOROUGII, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, Helen Leimbach FOOS, to be presented to
the City Council of the City of Virginia Beach, Virginia, on
the 16th day of October, 1990, for the vacation of the
portions of the hereinafter described alley in the City of
Virginia Beach, Virginia, was on the 14th day of September,
1990, and on the 21st day of September, 1990, duly published
twice with six days elapsing between the two publications in
a newspaper published or having general circulation in the
City of Virginia Beach, Virginia, specifying the time and
place of hearing at which affected persons might appear and
present their views, in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of portions of
the alley in Croatan; and
WtiEREAS, said application was made to the City
Council of the City of virginia Beach, Virginia, on the 16th
day of October, 1990, and in conformity with the manner
prescribed by Code of virginia, Section 15.1-364, for the
conduct of such proceedings, the City Council of the City of
Virginia Beach, Virginia, on the 16th day of October, 1990,
appointed -1 , and
as viewers to view such alley and
report in writing whether in their opinion any, and if any,
what inconvenience would result from discontinuinq the same,
and said viewers have made such report to the City Council
of the City of Virginia Beach, virginia; and
..... .. ...
WIIEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the portions of the alley proposed to be vacated, it is the
judgment of the City Council of the City of Virginia Beach,
Virginia, that these proceedings have been instituted,
conducted and concluded in the manner prescribed by Code of
Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portions of said
alley, and that the portions of said alley should be vacated
and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portions of an alley in
Croatan, the Borough of Lynnhaven, in the City of Virginia
Beach, Virginia, be, and the same is hereby, vacated and
discontinued:
All those certain pieces or parcels of land,
situate, lying and being in Lynnhaven
Borough, in the City of Virginia Beach,
State of Virginia, being those portions of
a 15' alley designated as "Portion of a
15' Lane to Be Closed" on that certain survey
entitled "Plat of Lots 4, 5, 16, & 17, Block
23, Croatan Beach, Lynnhaven Borough,
virginia Beach, Virginia, Showing Proposed
Portions of a 151 Lane to Be Closed" and
designated as "15' Alley to Be Closed" on
that certain survey entitled "Alley Closing
Plat of Lots 7 and 19, Block 23, Croatan
Beach, for fielen Leimbach Foos"; the subject
portions of the 15' alley are bounded on the
east and west by property now owned of record
by Helen Leimbach Foos, and described as
Lots 4, 5, 1.6, 17, 7 & 19, as shown on the
aforesaid surveys and on that certain plat of
Croatan Beach, recorded in the Clerk's office
of the Circuit Court of the City of Virginia
Beach, virginia, in Map Book 24, at page 37.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of virginia Beach, Virginia, as grantor,
and in the name of Helen Leimbach Foos, as grantee, in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, at the expense of the applicants.
2
3. This Ordinance shall be effective on the date
of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held on the
day of 1990.
TESTE: RUTH SMITH, CITY CLERK
By
City C er
3
All tliose certain pieces or parcels of land,
situate, lying and I)eing in Lynnhaven
Borough, in tiae CitY of Virginia Beach,
'3tat7e of Virgi-nia, I)ein(j those portions of
15' alley de-siqllat-ed as "Pc)rtion of
15' Line t(-' Be Closed'- on that certain survey
entit]-ed "Plat of Lots 4, 5t 16? & 17r Block
23, Croatan Beacli, Lynnhaven Borougli,
virvinia Beach, vi-rciinia, Sliowing Prc)posed
Ilor@.ions of a 151 I-,ane to Be Closed" and
clesignated as "15- Alley o Be Cl sed" o
tliat certain surve@, entit c) n
led "Alley Closing
P-lat of Lots 7 aii(-l 1-9, Block 23, Croatan
Beacii, foi- flelen Lp-intbacil Foos", the subject
pc)rtions of tile 15, alley are bounded on the
east @ind west by prc)perti now owned c)f record
I)y flelen Leiiiibacli Foos, and desribed as
l,ol-s 4, 5, 16, 1.7, 7 & 19, as shown oti tiie
afoi.-esaid survey-,3 and (.)n tliat certaiii plat of
Croatan Beacii, recorded in the Clerk's Office
of the Circuit Court of the City c)f Virginia
Beach, Virginia, in Map Book 24, at page 37.
ATLAN7-IC OCEAIV
APPROX. HIGH WATER LINE (MARCH 17,1987)
4- 1
50, r
20 2 1 9 18
NOTES
I ,MERIDIAN SOURCE BASEL) ON PLAT
RECORL)ED IN MAP BOOK 24 AT PA(3E 37.
2 .THIS PLAT IS THE RESULT OF A
FIELD SURVEY
3. AREA OF A[-.LE Y -r@) BE C[-OSED
750 SQ FT./0.017 ACRE. 50' 4-1
4. THIS PL.AT DOES NOT CON-ITITUTE
A SLIBL)IVISION OF LAND. 15' ALLEY-
Ln U-)
LOSF D
50'
0
f
LLJ
z 0
< 8 7 6
50'
250
SOUTH ATLANTIC AVENUE (50')
ALLEY CLOSING PLAT
OF
LOTS 7 AND 19, BLOCK 23, CROATAN BEACH
FOR (M.8 24, P 37
HELEN LEIMBACH FOOS
L-YNNHAVEN BOROUGH VIRGINIA BEACH,VIRGINIA
SCALE: 1"= 30' MAY 2,19 9 0
JOHN E.SIRINE AND ASSOCIATES . LTD.
SURVEYORS EN(31NEERS - PLANNERS
VIRGINIA BEACH, VIRGINIA
0 17, 30 60 90 120 FEET
N 04'14'15" W
/00.0o,
Zt
io 17 /6 15
BLOCK 203
FORTION OF 15' LANE' TO BE-
CL, OSED
ioo@09,
S 04'14'15" E LANF UNIMPROVED
IUL@. U i
31 7'
2-ST
zi
co 00
5 4 3
@ONCPE-TE FARATNG
/00.
N 04' 14'15" W /,SSO!Ool
S. A TLANTIC AVENUE .5 O')
PLAT OF
LOTS 4, 5, /6, & 17
BLOCK 23
CROA TAN BEACH No. 9@5
L YNNHA VEN BOROUGH VIRGINI,4 BEACH, VIRG
( M.B@ 24, P. 3 7 )
SI-10 WING PROPOSED FOR TION OF 15' L ANE
TO BE CLOSED BY CITY COUNCIL
SCIILF 30' MA Y 7, 1990
HAIROLD C. WARREN, 'IR.
LAND SURTIF-YOR
3933 f@,")IIN Ri@ @i -,'OAD
VIRGIAI", f3; IC@l, tIRC,VIA 23,1,,iG
0
0
HELEN LEIMBACH FOOS
Closure of 2 portioiis of 151 alley
Lynnhaven Borough
- 25 -
Item VI-1.1.7.
CONSENT AGENDA ITEM # 33598
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council APPROVED:
LOW BIDS:
(CIP 6-935)
VICO CONSTRUCTION Broad Bay Colony Sewers $4 52,580.90
COMPANY Section 11 (Contract 1)
VAN DE RIET Broad Bay Colony Sewer $108,000.00
CONSTRUCTION COMPANY Pump Station No. 2
(Contract 11)
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 26 -
Item VI-1.1.8.
CONSENT AGENDA ITEM # 33599
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
ATLANTIC LIMOUSINES, INC.
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
Wliliam D. Sessoms, Jr.
- 27 -
Item VI-J.1.
PUBLIC HEARING ITEM # 33600
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) PEMBROKE MANOR UNITED
CHURCH OF CHRIST RECONSIDERATION of Condition
(b) DAVID WILLIAMS CONDITIONAL USE PERMIT
- 28 -
Item VI-J.I.a
PUBLIC HEARING ITEM # 33601
PLANNING
Arthur Knauer, Minister and Administrator for Day Care - Pembroke Manor United
Church of Christ, 601 Constitution Drive, Phone: 499-1870
Sam Bryant, Jr., 4501 Constitution Court, Phone: 499-2015, represented his
parents who are adjacent property owners
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council
AUTHORIZED the requested change of Condition No. 5 in the in the Application of
PEMBROKE MANOR UNITED CHURCH OF CHRIST for a Conditional Use Permit (APPROVED
June 13, 1988)
Condition No. 5 shall be AMENDED:
5. The applicant shall install a six foot privacy
fence which meets standards outlined in Section 3.3
of the Landscaping, Screening and Buffering
Specifications and Standards along the entire rear
property line of the affected lots 24 and 25.
Voting: 9-1
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 and Nancy K. Parker
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
William D. Sessoms, Jr.
- 29 -
Item VI-J.l.b.
PUBLIC HEARING ITEM # 33602
PLANNING
Robert D. Ruffin, Jr., 1112 Baileywick Drive, Phone: 473-3020, 464-5967,
Commercial Realtor with Larasan, represented the applicant.
Upon motion by Councliman Brazier, seconded by Councilwoman McClanan, City
Council ADOPTED an Ordinance upon application of of DAVID WILLIAMS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DAVID WILLIAMS FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R010901341
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of David Williams for a
Conditional Use Permit for a church at the
northeast corner of South Plaza Trail and Daytona
Drive. The parcel is located at 156 South Plaza
Trail and contains 27,720 square feet. LYNNHAVEN
BOROUGfl.
The following condition shall be required:
At the time of the detailed site plan review,
Category IV screening as required by the City
Zoning Ordinance must be shown or a variance to
this requirement must be obtained from the Board of
Zoning Appeals.
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
Sixteenth of October, Nineteen Hundred and Ninety.
Voting: 10-0
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 and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 30 -
Item VI-K.a.b.c.
APPOINTMENTS ITEM # 33603
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HISTORICAL REVIEW BOARD
PRINCESS ANNE COUNTRY TRICENTENNIAL COMMITTEE
TRANSPORTATION SAFETY COMMISSION
- 31 -
Item IV-L.I.
UNFINISHED BUSINESS ITEM # 33604
ADD-ON
Councilman Lanteigne referenced the request on October 2, 1990, of George Minns
on behalf of the NAACP concerning the establishment of a HU14AN RIGHTS
COMMISSION.
Councilman Lanteigne advised he had been in contact with Mona Atkins Easley,
the Director of the State Human Rights Council and Sandra Norman, her
Assistant. Councilman Lanteigne also conversed with Fred Allen, Director of
Fairfax County Commission.
Councilman Lanteigne was interested in the number of instances citizens of
Virginia Beach have utilized the services of the State Council and the results.
Mr. Allen advised the annual budget of the local Fairfax Commission was
approximately $600,000.
Councilman Heischober believed the municipalities which have adopted this type
of Commission responded to problems. However, Councilman Heischober believed
with reference to the City, the proper authorities were in place either through
employment, grievance procedure, et cetera, to handle almost any difficulty
which might arise.
- 32 -
Item IV-L.2.
UNFINISHED BUSINESS ITEM # 33605
ADD-ON
Mayor Oberndorf referenced the correspondence of the City Manager relative the
SCHEDULING of a Resolution in support of Pledge Bonds for the City Council
Session of October 23, 1990. Mayor Oberndorf received a telephone call from
Secretary Dwight Holton to ascertain the position of City Council.
Albermarle County has ADOPTED a Resolution OPPOSING the Pledge Bonds as they
believe the State has not assumed their fair share. Albermarle County has
requested the City Council consider their position of OPPOSITION. Mayor
Oberndorf has been informed Fairfax County is SUPPORTING the Pledge Bonds.
- 33 -
Item IV-M.I.
NEW BUSINESS ITEM # 33606
RESORT RENAISSANCE
Timothy Barrow, Chairman - Resort Area Advisory Commission, advised the RAAC
was a fifteen member Council appointed body created 5 1/2 years ago to advise
the City Council on the problems and hopefully direction of Virginia Beach as a
Resort City.
Mr. Barrow introduced those Commissioners in attendance:
James H. Capps
Joseph W. Hood,Jr.
David R. Hager*
Thomas C. Kyrus
Roger F. Newill
R. Dawson Taylor
The Resort Renaissance Initiative report is an update of the fourteen project
economic strategy first submitted to City Council in June, 1990. In subsequent
months, the Commission has discussed the initiative with Members of City
Council individually, members of the General Assembly Delegation, the City
Manager and his staff and various groups affected by the program. Said report
is hereby made a part of the record. Tourism is the City's largest basic
industry and introduces over $500-MILLION new dollars annually to the City's
economy. In 1989, the City's hospitality industry accounted for over 19,000
jobs and more than $15-MTLLION in net tax revenue. The Resort Revitalization
Program, initiated by City Council in 1985, is beginning to show tangible
progress. Over $14.7-MILLION has been appropriated to support this program.
Improvements worth nearly $7-MILLION were completed for the 1990 tourist
season.
At this point of recognizable progress, the Resort Area Advisory Commission
considered it timely to evaluate the scope of the Resort Revitalization Plan as
well as its implementation schedule and funding. This evaluation led the RAAC
to conclude that the Resort Plan does not respond adequately to changing growth
patterns, competition, heightened expectations and other economic trends and
market factors. In response to this conclusion, the Commission recommends a
Resort Renaissance Initiative that will:
Accelerate the implementation schedule to permit
the City to maintain positive momentum, respond to
market challenges, and more quickly realize the
economic benefits of reinvestment.
Expand the scope of the current Revitalization Plan
to include the full complement of improvements and
attractions outlined five years ago in the "Resort
City Vision".
Provide a realizable funding mechanism for the
entire program that will not require a tax increase
or be subject to annual revenue fluctuations.
The important market trends and factors that affect the Resort Area's
Development include:
Changing Growth Patterns
Competition for Tourism Dollars
Heightened Expectations
Return on Investment
Labor Day 1989.
*Mr. flager was in attendance but had to leave.
- 34 -
Item IV-M.I.
NEW BUSINESS ITEM # 33606 (Continued)
RESORT RENAISSANCE
The existing Capital Improvement Plan for resort revitalization does not
include the full range of improvements endorsed by the City Council in 1986,
Several of the individual projects in the existing program have been reduced in
scope and are insufficiently budgeted to complete the projects as they were
originally presented to the Council, the business community and the public.
The current resort plans, although comprehensive, do not address three of the
most critical needs for Virginia Beach to remain competitive as a resort
destination. These needs are: the expansion and improvement of the Pavilion as
a quality convention/conference center; the creation or direct encouragement of
new feature attractions to enhance a competitive position; and, the correction
of significant traffic problems in the resort center. The proposed Resort
Renaissance Initiative includes fourteen projects, ten of which are in the
current Resort Capital Program.
Streetscape
Boardwalk
Marine Science Museum
Pavilion
Connector Parks
Dome Redevelopment
Redwing Golf Course
Rudee Walk
Resort Traffic Improvements
Resort Parking
Public Beach Expansion
Performing Arts Amphitheatre
City Gateway
Ocean Walk
The Commission is convinced that continuation of the existing schedule will not
be in the best interest of the City and the revitalization effort. The schedule
is not responsive to the competitive market in the tourism industry, the
economic position of the city, nor to the marketing problems resulting from the
Labor Day disturbances; and, will lose the strong, positive momentum the City
has worked over five years to create. The RAAC is convinced the entire package
of projects in the Resort Renaissance Initiative can be completed by 1997.
Accelerating the implementation schedule will reduce the total cost of the
program by nearly $8-MILLION, eliminating the effect of ten years of inflation
on the program. A seven-year implementation schedule will also accelerate the
positive economic spinoffs--jobs, tourist spending, tax revenues--resulting
from the development program.
The Commission recommends special purpose general obligation bonds be used in
lieu of "pay-as-you-go" financing to fund the Renaissance Initiative Project.
Use of the 20-year General Obligation Bonds is recognized by most public
financing experts as the most appropriate method of financing large-scale
capital projects. The program would rely on $2.5-MILLION of 1989 Road Bonds in
the 1990-91 fiscal year and on $120-MILLION in special Renaissance Bonds to be
authorized by the 1991 session of the General Assembly. The City would move
partially away from "pay-as-you-go" financing this year and entirely to bond
financing in 1992. The total cost of the project is projected at $140-MlLLION.
The recommended financing plan includes the extension of the special 1/2 cent
tax on hotels and restaurants over the life of the bonds instead of the current
ten-year limitation. It also includes proceeds from a designated 1/2 cent
retail sales tax within a special tax district. The tax was endorsed by the
City Council and the Resort Leadership Council two years ago, but will require
General Assembly authorization.
- 35 -
Item IV-M.l.
NEW BUSINESS ITEM # 33606 (Continued)
RESORT RENAISSANCE
If this authorization Is not granted, the City Council may consider a Special
Real Estate Tax District as an alternative revenue source. Over the 25-year
life of the bonds, the RAAC projects that the Renaissance Initiative revenue
will exceed expenditures by over $96-MILLION. When compared to the draft
Capital Improvement Program, the recommended financing plan would make
available nearly $6-MILLION In operating funds over the next five years
including $1.5-MILLION this year. If projected revenues are less than required,
it is suggested the implementation schedule and related bond sales could be
delayed until revenues increase sufficiently to support the program.
The City Manager and Staff shall evaluate the Report and present a
recofnmendation by November 13, 1990.
- 36 -
Item IV-N.l.
ADJOLRNMENT ITEM # 33607
Upon motion by Counci Iman Baum, and BY CONSENSUS, City Counc II ADJOLRNED the
Meeting at 4:18 P.M.
Bevbr @ 0. Hooks
Chief Deputy City Clerk
4uth Hodg6s Smith, CMC M y Ob@rndorf
City Clerk M.Y.,
City of Virginia Beach
Virginia