HomeMy WebLinkAboutAPRIL 25, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS JR At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH Ill V, rgzma Beach Borough
ROBERT K DEAN, Pnncess Anne Borough
W W HARRISON, JR Lynnhaven Borough
HAROLD HEISCHOBER At Large
BARBARA M HENLEY Pungo Borough
LOUIS R JONES, Bays~de Borough
NANCY K PARKER At Large
LOUISA M STRAYHORN, Keraps'mlle Borough
JAMES K SPORE Czty Manager
LESLIE L LILLEY Cttv Attorney
RUTta HODGES SMITH, CMC / AAE, C*ty Clerk
CITY COUNCIL AGENDA
April 25, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
'VIRGINIA BEACH, VIRGINIA 23456 9005
(804) 427 4303
I. WORKSHOP
- Conference Room -
1:00 PM
ao
FY 1995-1996 OPERATING BUDGET and
FY 1995-1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director, Management and Budget
II. AGENDA REVIEW SESSION
- Conference Room -
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. CITY MANAGER'S BRIEFINGS
- Conference Room -
ae
EMPLOYEE SALARY MARKET DATA
Fagan Stackhouse, Director, Human Resources
Be
NORFOLK WATER PLANT EXPANSION
Clarence Warnstaff, Director, Public Utilities
IV. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Larry Hinton
Mount Zion AME 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
April 11, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. MAYOR'S PROCLAMATIONS
i ·
·
SPECIAL OLYMPICS DAY
Robert Miller, P.E., President of Area II
BEACH SAFETY MONTH
Kenneth Hinnant, Owner, Virginia Beach Life Guard Service
David Foxwell, President, Virginia Beach Chapter,
U. S. Lifesaving Association
I. PRESENTATION
i ·
REVENUE SHARING IN LIEU OF TAXES FOR BACK BAY WILDLIFE REFUGE
Congressman Owen B. Pickett
J. CONSENT AGENDA
The Consent Agenda will be determined during the Informative Session and considered
in the ordinary course of business by City Council to be enacted by one motion.
K. RESOLUTIONS/ORDINANCES
i ·
Resolution to authorize the City of Norfolk to proceed with
the water supply system capacity improvements; and, give
notice of same.
·
Resolution to establish procedures for the administration of
excess City real property, a policy for the sale of excess
City real property; and, to authorize execution of the
referenced documents by the City Manager and the Director of
Public Works.
·
Ordinance to ACCEPT and APPROPRIATE grants totaling 814,056
from the State Department of Environmental Quality to the FY
1994-1995 Operating Budget for the General Services Department
re enhancement of the City's Clean Community ProGram; and, the
estimated State revenue from the Commonwealth be increased
accordingly.
Ordinances to ACCEPT and APPROPRIATE to the Department of
Social Services FY 1994-1995 Operating Budget; and, estimated
revenues to the General Fund for FY 1994-1995 be increased
accordingly:
a·
A $12,200 Grant from the Department of Criminal Justice
Services re peer mentoring and peer mediation training;
funding for Parents and Teens for Better Bayside; funding
for the CARE Youth Leadership Camp; funding for the
SprinG Conference of Better BeginninGs.
·
·
b. $7,711 re one full-time eligibility worker to maximize
federal and state Medicaid.
Ordinance to authorize Tax Refunds in the amount of $2,331.63.
Ordinance to authorize License Refunds in the amount of
$35,396.90.
L. PUBLIC HEARING - PLANNING
7:00 PM
1. PLANNING BY CONSENT - To be determzned during the Information Session
·
RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN AND NINE, AND
NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved
Application (WILLIAMS CORPORATION OF VIRGINIA) for a
Conditional Use Permit for a borrow pit for SANIFILL, INC., on
the West side of Centerville Turnpike, South of Brandon
Boulevard (KEMPSVILLE BOROUGH).
Recommendation:
DEFERRAL FOR TWO WEEKS
·
RECONSIDERATION OF CONDITION NUMBER FIVE on the December 15,
1992 Approved Application of ROCK CHURCH MINISTRIES for a
Conditional Use Permit for a 50-Unit Hom~ for the Aged at 580
Kempsville Road (KEMPSVILLE BOROUGH).
Recommendation:
DEFERRAL
o
RECONSIDERATION of the Application of JOHN E. HAWKINS for
Variances to the Subdivision Ordinance on Site 14, Little
Haven (3009 Little Haven Road) (LYNNHAVEN BOROUGH).
ao
Section 4.4(b) which requires all newly created lots meet
all requirements of the Comprehensive Zoning Ordinance.
be
Section 4.4(d) which requires all lots have direct access
to a public street.
Denied:
February 14, 1995
Recommendation: APPROVAL
·
Ordinance for discontinuance~ closure and abandonment in the
Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA
SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET
BANK/VIRGINIA, Trustees under the Will of Israel Steingold,
(LYNNHAVEN BOROUGH):
a·
Wagner Street - Beginning at the Southern boundary of
Bonney Road and running in a Southerly direction a
distance of 1096 feet more or less to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
be
First Street - Beginning at the Western Boundary of
Avenue E and running in a Westerly direction a distance
of 349.78 feet.
Ce
Avenue E - Western 25.01 feet, beginning at a point 200
feet South of First Street and running in a Southerly
direction a distance of 214.67 feet to the Northern
boundary of the Virginia Beach-Norfolk Expressway.
Deferred Indefinitely:
Deferred for Compliance:
Deferred additional 180 days:
Deferred additional 180 days:
July 6, 1993
September 28, 1993
April 12, 1994
October 25, 1994
Recommendation:
ADDITIONAL 180 DAY DEFERRAL
·
Application of JOHN CLARDY, M.D. for a Variance to Section
4.4.(d) of the Subdivision Ordinance which requires all lots
have direct access to a public street at 3424 Litchfield Road,
containing 2.8 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Application of THOMAS E. FLEMING for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all newly
created lots meet all requirements of the Comprehensive Zoning
Ordinance at 5504 Parliament Drive, containing 35,910 square
feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
·
Application of BARBARA GRAY for Variances to the Subdivision
Ordinance re property at 2749 W. Landing Road, containing 1.46
acres (PRINCESS ANNE BOROUGH):
Section 4.4(b) which requires all newly created lots meet
all requirements of the Comprehensive Zoning Ordinance.
be
Section 4.4(d) which requires all lots have direct access
to a public street.
Recommendation:
APPROVAL
·
Application of ST. JOHN'S BAPTIST CHURCH for a Conditional Use
P~rmit for a church (expansion) on the East side of Holland
Road, 500 feet more or less North of Princess Anne Road (2356
Holland Road), containing 5.02 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
10. Application of CHURCH OF THE REDEEMER, Pastor Wally Odum, for
a Conditional Use Permit for a churGh on the Southwest side of
Seaboard Road beginning at a point 920 feet more or less
Southeast of Bernadotte Street, containing 31 acres more or
less (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
11. Application of BEN SOREY AUTO RACING & REPAIR, INC., for a
Conditional Us~ P~rmit for the storage or processinG of
salvage, scrap or junk on the East side of Sonic Drive
beginning at a point 432.43 feet Southeast of London Bridge
Road (2724 Sonic Drive), containing 2.9 acres (PRINCESS ANNE
BOROUGH).
Recommendation:
APPROVAL
12. Application of QUICK 10 CORPORATION for a Conditional Use
Permit for an automotive service facility on the South side of
Virginia Beach Boulevard, beginning at a point 195 feet East
of Silverbrook Lane, containing 1.587 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
·
COUNCIL-SPONSORED ITEM:
a·
Ordinance to establish Ocean Park Beach Sand
Replenishment Project #2-998; and, to TRANSFER $400,000
from Citywide Sand Replenishment Project #2-077 to Ocean
Park Beach Sand Replenishment #2-998.
(Sponsored by Councilman Louis R. Jones)
O. ADJOURNMENT
* * * * * * * * * *
PUBLIC HEARING - CITY COUNCIL CHAMBER
PROPOSED OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM/CAPITAL BUDGET
FOR FISCAL YEAR 1995-1996
MAY 2, 1995 - 2:00 PM
* * * * * * * * *
BUDGET/C I P REVIEW SCHEDULE
PUBLIC HEARING
Tuesday May 02 2 PM
Council Chamber
FINAL WORKSHOP
Thursday May 04
9AM - II AM
Council Conference
Room
BUDGET/C I P
ADOPTION
Tuesday May 09 2 PM
Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * *
04/20/95BAP
AGENDA\04-25-95.PLN
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE April 11, 1995 B R C H R P E A
PAGE I R R H E J N A S Y
B A D I O N O D R S H
A N E S B L N O K O O
AGENDA U C A O E E E R E M R
ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N
I WORKSHOP
A FY 1995-1996 OPERATING BUDGET/ E Dean Block
FY 1995/1996 - 2000/2001 CIP D~r Mgt/Bdgt
11/A REVIEW OF AGENDA ITEMS
B CITY COUNCIL CONCERNS
III/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y
IV/E SESSION
F MINUTES 4 April 1995 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y
G ADOPT AGENDA FOR FORMAL ADOPTED B Y C O N S E N S U S
SESSION
H PRESENTATION Delegate
Robert Tata
1 VIRGINIA BEACH LOCALITY
COMMUNI-LICENSE PLATE Robert R
Matth~as
,&sst C~ty Mgr
Mac Rawls
D~r VMSM
I/J/1 Ordinance to AMEND Sec 21-421/ ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
21-422/21-425/21-426/21-429/ BY CONSENT
DELETE Sec 21-424 of the Code
re tow truck servme/enforcement
2 Ordinance to authorize Agreement ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
between VDOT/the C~ty re BY CONSENT
developmentJadm~mst rabon of
Independence Boulevard Phase IV-C
(CIP 2-219)
3 Ordinance to authorize Lease w~th Beach ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
Quarters Inn LC re use of 22' strip BY CONSENT
part of Atlantm Avenue abutbng West
s~de of Beach Quarters Inn
4 Ordinance to APPROPRIATE $129,086 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
from VA Dept of Correcbons to the BY CONSENT
Sheriff's Commumty Correchons Budget
re support of the Commumty D~vers~on
In~babve Program
5 Ordinance to APPROPRIATE 31,850 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
Grant from NabonsBank to Parks/Rec BY CONSENT
Specml Revenue Fund for After-School
Programs at 4 add~bonal M~ddle Schools
6 Ordinance to APPROPRIATE 9,070 from ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
State Two-for-L~fe Fund to EMS re BY CONSENT
purchase of dehbnllator/data processing
equipment
7 Ordinance to authorize TRANSFER $802 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
from General Fund Reserve to Mental BY CONSENT
Health re reimbursement to two C~ty
employees for legal fees and expenses
~ncurred ~n defense of theIr ofhcml duties
K/1 Resolubon to approve ~ssuance of ADOPTED 9-0 Y Y A A Y Y Y Y Y Y Y
Industnal Revenue Bonds by BY CONSENT B
Development Authority not to exceed $3M S
for office/warehouse ~n behalf of Al-Anon T
Family Group Headquarters Inc at Dam A
Neck Road/Corporate Landing Industrial I
Park (PRINCESS ANNE BOROUGH) N
E
D
L/1/2 FIRST FIUPINO BAPTIST CHURCH APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y
CUP church expansion at 2969 Holland BY CONSENT/
Road (PRINCESS ANNE BOROUGH) CONDITIONED
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE. Apnl 11, 1995 B R C H R P E A
PAGE 2 R R H E J N A S Y
B A D I O N O D R S H
A N E S B L N O K O O
AGENDA U C A O E E E R E M R
ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N
3 KLINE PROPERTIES CUP bulk storage APPROVED 8-0 Y Y A A Y Y Y Y Y A Y
yard (autos only) at 222 Mustang Tra~l BY CONSENT/ B B
(LYNNHAVEN BOROUGH) CONDITIONED S S
T T
A A
I I
N N
E E
D D
4 CONTEL CELLULAR INC CUP APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
communications tower at 409 F~rst CONDITIONED
Colomal Road (LYNNHAVEN BOROUGH) AS AMENDED
5 R K BUICK INC CUP auto storage at APPROVED/ 8-0 Y Y A A Y Y Y Y Y A Y
2661 V~rg~ma Beach Boulevard CONDITIONED B B
(LYNNHAVEN BOROUGH) FOR DISCON- S S
TINUANCE T T
1/1/96 A A
I I
N N
E E
D D
6 CH&B ASSOCIATES/CAPLAN FAMILY APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y
TRUST/FLEDER FAMILY PROFFERS
TRUST/THOMAS C and ELAINE M TO BE
KYRUS on Holland Road at W~ndsor RECORDED
Oaks Blvd (KEMPSVILLE BOROUGH)
a Condlbonal COZ from A-12 to
Cond~bonal B-2 279 acres
b Cond~bonal COZ from B-2 to
Cond~bonal B-2 4 1 acres
c Conditional COZ from R-7 5 to
Cond~bonal B-2 9,7 acres
d CUP auto repair 3 5 acres
7 Ordinances to AMEND CZO APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y
BY CONSENT
a Sections 111/203/901/1521 (c)/
ADD Sec 233 3 re use regulations
for Flea Markets
b Sections 233 1/1501/1511/1521
re certain eabng/dnnk~ng estabhshments
at the Oceanfront
M APPOI NTM ENTS
SPORTS AUTHORITY OF Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y
HAMPTON ROADS Walter J WiIk~ns
Unexpired
thru 05/31/98
TIDEWATER REGIONAL GROUP Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y
HOME COMMISSION Jody M Wagner
Unexptred
thru 06/30/98
N/O/ CITY COUNCIL-SPONSORED ITEM
1
a Ordinance to AMEND Chapter 6 of the ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y
Code by ADDING Secbon 6-16 1 re
estabhshment of recreabonal swimming
area/AMENDING Secbon 6-120 1 re
personal watercraft (Sponsored by
Councilman W W Hamson Jr)
P ADJOURNMENT 4 35 PM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virgin,a
Aprzl 25, 1995
Vice Mayor William D. Sessoms, Jr., called to order the WORKSHOP - FY 1995-1996 OPERATING
BUDGET and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM for the VIRGINIA
BEACH CITY COUNCIL tn the Counczl Conference Room, Czty Hall Bmldmg, on Tuesday, April 25,
1995, at 1. O0 P M
Council Members Present
John A Baum, Robert K. Dean, Barbara M Henley, tlaroM tlelschober,
Louis' R J(mes, Nancy K Parker a.d Vzce Mayor Wtlham D. Sessoms,
Jr.
Counczl Members Absent
Mayor Meyera E Obentdorf
[EN?'ERED 2 28 P M ]
Lmwood 0 Branch, III
[ENTERED 1 05 P.M.]
William W Harrzson, Jr
[FAMILY VACATION]
Louisa M Strayhorn [ENTERED 1 17 P M ]
-2-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
1:00 P.M.
ITEM # 39070
E. Dean Block, Dtrector- Management and Budget, tntroduced the representatives of the Agencies for
short review relative the FY 1995-1996 Operating Budget and FY 1995/1996 - 2000/2001 Capital
Improvement Program.
Mr Block advised the General Services Department has an overall #;crease of 4.3% with an actual
dechne tn the number of postttons General Services began contracting all custodtal servtces at sites
outside of the Mumctpal Center begtnntng Januazy 1995 Thts reduced the number of FTE's tn the
custodial services unit by a net of 20.4 Persomtel ehmtnated from Custodtal Servtces were placed tnto
other vacant positions through the Ctty or rettred As a result of the change to contracted services, an in-
house staff of 44 (42 custo&ans and 2 supervisors) maintain the Mumctpal Center's 686,309 square feet.
The City has been workhtg with the School System and a consultant to develop a report relative
consolidation of services resultutg ttt long term savtngs For FY 95-96, the department began to address
the backlog bt tlre General Fund Dtvistons and Grounds Servtces Internal Service Fund unit wtth the
#zfusion of $438,250 Major CIP projects to affect General Servtces budget include the expansion of the
Martne Science Museum which ts anticipated to add utthttes, landscape and budding maintenance needs,
inclu&ng the addttzon of 2 postttozts (1 Mamtena. ce ~ngmeer I/Electrical and 1 Iteatmg and A/C
Technician II), begb;ntng January i, 1996, to mamta.t the electrical and heatt.g, venttlatton and air-
condittoning systems. As a move to consohdate altd better integrate services, repair of all beach access
stairs, whzch encompasses pubhc beaches from the Cherapeake Bay to Sandbrtdge, was transferred from
General Services to the purview of Public Works/Beach Management. Costs for landscape matntenance
contracts increased J 7% because of rebutdmg major landscape maintenance contracts' for roadways and
pump stattons, anttctpated btcreases tit the costs for other contracts to be re-btd durtng FY 95-96, and
the addition of four elementary school site contracts Also tmpactmg landscape mamtenance costs for FY
95-96 ts the addttton of roadways and sttes due to the CIP Program, whtch include South Plaza Trail,
Pembroke Regional BMP, City View Park, Beach Rescue and Indian Lakes Boulevard, Phase 1.
Relative the Capttal Improvement Program, Mi' Block advtsed the first prtortty llt Year One is to relocate
the existing Second Prectnct Budding from tt¥ obsolete a~td inadequate quarters to the Beach Service
Center &te The second year the amount reflects the relocatton of tire Ftre Statton adjacent to the pohce
Station at the Beach Borough Servtces Center Mr Block referenced ProJect 3-038, Various Buildings
Rehabilitation and Renewal, and advtsed this project provides for the rehabilitation and renewal of
interior and exterior systems for Ctty-owned butldmgs a.d factltt~es General Servtces wtll matntain a
backlog hst of systems to be funded through the CIP
Mr Grochmal advtsed there are three sets of court renovatton projects The Old Ctrcutt Court ts
completed and fully occupted by Parks Adm.ttstratton and Fire The Old Two Story Court Building is
completed and occupied by Human Resources 7Yatmng on the first floor, Library Admmistratton on the
Second Floor There ts approximately 1,000 square feet on the seco.d floor of the butldmg which ts
unoccupted and unrenovated and avatlable for asmgnmettt to a.other Ctty agency. On the north stde of
the Court butldtng ts approxtmately a 6,000 square feet portzon ora building, which ts not renovated and
avatlable to be occupted. The General Dtstrtct Court Butldmg ts behtnd schedule and wtll not be
completed until May and available for occupaltcy The Old Courthouse was not a part of any renovatton
project The Department of Museums ts tnterested m thts tbstomc Butldtng, however, funds are not
available to hire a consulta, t re restoratton
Mr. Grochmal advtsed, relattve the Social Services Building Repair and Relocation, #t formation will be
presented during the EXECUTIVE SESSION coltcermng the staff recommendatton
Relattve the Fire Department, the fu.dmg provtded ts 5.1% over the FY 1994-95 amount due to the
additton of fire program funds tn the Operattons Budget, and to the replacement of two major pieces of
fire apparatus Chtef Dtezel advtsed the Fire Department responds to 15,000 calls for service annually
In both emergency medtcal and fire calls, the Department maintains a response ttme goal of getttng to
the scene wtthin 5 minutes from the recetpt of the dtspatched call Emergency Medtcal Servtces has a
great worktng relattonshtp.
April 25, 1995
-3-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39070 (Continued)
Chief Diezel advised relattve the proposed Ftre Statton at General Booth Boulevard, the Staff saw a
relattve slow down m those growth corrtdors, also thts was m the vicinity of major projects i.e. Oceana,
Churchill Downs, expansion of Corporate La.drag As Creeds Statton needed to be replaced and the
Beach Borough Ftre Station needed refurbishing, Chief Dtezel suggested Red Mill be placed on hold.
Recommended tn the FY 1995-96 Operating Budget ts the replacement of two pteces of major fire
apparatus and 6 other vehicles totaling $725,000.
Chtef Diezel advtsed hts Ctty Dtsaster Team wouM be returmng from Oklahoma Ctty tomorrow morning.
These young men and women have been working twelve hour shtfts under extremely tough conditions. All
the traimng tn the worm wouM not prepare them for what they witnessed.
Mr Block referenced the Department of Informatton Technology. The funding ts .4% greater than the
adjusted FY 1994-95 Operating Budget funding and reflects a reduction of .9 of an FTE and includes
funding for an expanded microcomputer replacement program. The Department of Information
Technology continues to mtprove the efficte.cy a.d effecttveness of its operattons The total three-year
positron reduction has been 18.4 7he departme, t ehmmated the 4381 mainframe computer, whtch reduced
cost by approximately $200,000 During thts ehmmat~on, five mainframe applications were converted to
a microcomputer platform. The department continues tts bottom-up problem solving approach by using
quality tmprovement teams attd techmques Tire department ts implementing a Wide-Area Network, which
employs state-of-the art technology, to support high-s'peed remote cotmect~ons for Local Area networks
(LANS). Concerns were expressed relattve the Agenda being on the computer rather than hard copy for
each Council Member. W R. Smith, bttertm Dtrector, will provide mformatton relative this process,
portabdity, the cost and the pros and cons 7brough the b~formatton Technology Commtttee, a Ctty and
school team, a jotnt project ts betng investigated
Mental Health/Mental Retardation/Substance Abuse ts 2.0% over the FY 1994-95 adjusted operating
budget and 19% over the FY 1993-94 actual operating budget. The majortty of expansion in the
department ts supported by increases m departmental revenue rather than tncreases tn Ctty support Of
the total amount of the tncrease ($2,411,412) from the t'T 1993-94 Actual to the FY 1995-96
recommended Operating Budget, 70% ts supported by att tncrease tn fees and Medtcatd revenue 14%
ts supported by att increase tn Federal and State revenue, and 15% by att mcrease tn Ctty funding Dr.
James Duffy advtsed relattve the decline bt the number of handtcapped adults for which unemployment
has been prevented by provtdtng them wtth adequate job support Many of the handtcapped adults are
now able to work compettttvely so the job support ts .ot as great. Tins budget wdl enable the support of
an addttional 27 handicapped adults'. Dr. Duff), advised an addtttonal fourteen new positrons are added
tn FY 1995-96 to provide MH/MR/.~I tlre flextbdtty to transttto~t tts supported Mental Itealth Residenttal
program to a department operated program. Historically, Volmtteers of Amertca has operated the program
as a contract agent Because of indemnity and habth(v ~s.~ues, the program can be operated for less money
by the Department. The Department wdl use the savlltgs fi'om the co. vers~on to reduce watting hsts at
the Beach House.
Emergency Medical Services ts recommended for funding at 4% over last year's adjusted level due
prtmarily to tlre btcrease tn the Ltfeguard contract, increased maintenance due to the converston to 800
mhz, tncreased utthty costs for the new volu. teer EMS butldmg at the oceanfront and additional
equipment replacement Bruce Edwards', D~rector of Emergency Medical Servtces, advtsed the only Ltfe
Guard service which #tcreased from last year were the o. es at Sa.dbrtdge attd Little Island Park whzch
had an escalating clause Thts increase was approxtmately $4,000
The Convention and Visttor Development Budget wtll allow contl~tuatton of all extstmg servtces tn an
effort to reach the goal of estabhshmg tire Ctty ay a destt.atton point for tourists The addtttonal posttton
ts the result of convertbtg a full-ttme contractual postt~on to a full-time, permanent positron to provide
more rehable clertcal support tn the Spectal Events and Fdm Office. 7he 1995 Sprtng/Summer tourism
campaign armed at thts target audtence ts entitled "Ktds Corner" Other markettng efforts' include. A new
central reservatton system, a l/irgtnia Beach 30 mt~tute #tformerctal, a regtonal cooperative informercial,
a refined "Good Clean Fun", a creative message armed at famthes travehng w~th chtMren. The overall
departmental advertising and promotton budget totals $3.1-MILLION for FY 1996, att mcrease of 6 4%
over FY 1995. Addtttonal funds have been provided to offset tire increased postage rate
Aprd 25, I995
-4-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39070 (Continued)
James B Ricketts, Dtrector of Conventton and Vtsttor Development, advtsed that without advertising, the
resort area wouM lose approximately 25 to 30% of tts bustltess Advertising attracts between 500,000 and
600,000 visitors $32.6-MILLION is' the tax revenue gelterated fi'om the tourtsm industry.
Relative the Economic and Tourist Development sectton of the CIP, City Council approved the
establishment of the Tourtsm Growth Investment Fu.d (TGIF), whtch dedtcates specific revenues to certain
projects that are designed to improve our vtsttor tltdustry To fund the TGIF initiative, Counctl (1)
removed the sunset provtston a.d increased the tax rate for lodging from 5 0% to 5.5% effective January
1, 1993, (2) removed the sunset provtstolt for the restaurant and meal tax rate of 4.5% (3) expanded the
Amusement Tax base to include parttctpatory sporting events effecttve January 1, 1993, and transferred
(effective July 1, 1993) all existing amusement tax reve. ues to support the tntttattve, and (4) dedicated
all resort area franchtse fees and museum, amphitheater, TGIF fi. anced golf course, as well as TGIF
financed parktng revenues to the tntttattve Add~ttoltal fultds are being added to the Burton Station ProJect
and the Cortference and Conventton Facthty Expa.ston fi)r plamtmg The Cape Henry Lighthouse
restoratton ts funded by Federal contrtbutton (ISTEA) and a private colttrtbutton ts expected to provtde
the match. Charter Bonds have been substituted for the last of the Certtficates of Participation ortginally
funded tn the Virgh~ta Marine Science Museum The first major approprtatton wtll be made for the Beach
Erosion and Hurricane Protection ProJect The Agricultural Reserve Program ts funded by a combtnation
of existing revenues and a 1 5 cent increase tit the real estate tax rate, whtch provtdes $3 3-MILLION
per year for the implementation of thts program Relattve Project 2-258, the Virginia Beach Higher
Education Center, thts center ts the result of the .eed a~td destre to provtde educattonal opportuntttes to
our City's restdents Vtrgtma Beach donated 35 acres of la.d to Old Domtnton Universtty tn September
1992
Housing and Neighborhood Preservation has a 5 2% mcreave tit the budget due prtmartly to additional
Federal Community Development Block Grant (CDBG) fultdmg, whtch ts allocated among several
programs, and HOME funding, which ts used prtmardy for home rehabthtatton All major departmental
requests have been included m thts budget
The Public Utilities Department ts self-funded from servtces provided to tts customers. The Department
proJects there will be an estimated 116, 702 water amoultts, serving 386,370 cheltts, and 112,837 sanitary
sewer accounts', servtng 373, 775 ctttzens, by the end of FY 1995-96 There ts no tncrease tn water rates
for FY 95-96 although 28 cents was predicted
Mr. Block referenced the City Manager's Memorandum relative the Operating and Capital Program
Reconciliation Workshop List. The Coultctl may mcrea~se or decrease the operattng budget and/or Capital
Improvement Program after tts Pubhc Iteartng on May Secoltd wtthout any further advertising or Heartng.
The Ctty Council may not increase the real estate tax rate or any other tax rate proposed and adverttsed
after tts May Secoltd Pubhc Hearing wtthout adverttstng agatn for 7 days and homing attother Public
Heartng. The Ctty Council may decrease a tax rate from the proposed without further hearmgs The
tmplementatio, of tts refuse fee would call for pubhc m)ttce
Vice Mayor Sessoms advtsed tt appeared Celebration Station was going to be a non-tssue Mr. Block will
examtne the issue relattve operating funds' coltcer, mg the Magnet School Ftrst Colomal and Kellam High
School need to be addressed relative add~tto~tal mtproveme~tts The Western Braltch Lynnhaven River
Dredgmg couM be funded over 2-years .t the CII' 'lhe North End Drainage tssue needs to be phased
in and addressed wtth a defmtte platt The Ctty Ma.ager was requested to mvesttgate the posstbtltty of
another 1% increase tlr salartes for both the City amt schools Vice Mayor Sessoms recommended a
garbage collectton fee as a fundtng mecha, tsm
Relattve Mayor Oberndorf's concern, Mr Bloc~ advised at the last School Board Meeting, a report was
presented suggesting that certain costs now recurred tlr the School Operating Fund be transferred and
expended out of Capttal Projects A decision was made by the ma.agement of the School system that they
did not wish to proceed tn that dtrectton Mayor Oberndorf suggested funds be allocated for the School
Capttal Improvement Program to spectfic categortcal umts even tf this ts not legally binding An ttemtzed
accounting of the $4.6-MILLION expended for Ftrst Colontal Htgh School wdl be provtded
April 25, 1995
-5-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39070 (Continued)
Councilman Branch advtsed there couM be the opportunity for significant real estate tax reduction of
approximately 10.7 cents, tf the garbage collectton fee could be mstttuted as a fund#tg mechanism and
asked that this be investigated
Relattve the School Board Budget and CIP. Counctl Lady Strayhorn requested an tnvestigation relative
the measurable results, the type of process that couM be put irt place that is an either/or as opposed to
just immediately jumping from "lump sum" to "categortcal appropriations". There are other ways to
have accountabthty
Council Lady Henley requested the Historical Trolley Tours be considered as an addttional item.
Councilman Dean beheved the Ctty Employees deserved more of a salary increase and he wouM a
recommend a 6 to 7% increase.
BY CONSENSUS; the Reconciliation Workshop shall be SCItEDULED followtng the Formal Session of
May 2, 1995
The City Staff shall proceed with the adverttsmg for a proposed garbage collection fee
April 25, 1995
-6-
CITY MANAGER 'S BRIEFINGS
ITEM # 39071
The EMPLOYEE SALARY MARKET DATA and THE NORFOLK WATER PLANT EXPANSION
Briefings will be RESCtlEDULED
April 25, 1995
-7-
ITEM # 39072
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Conference Room, City Hall Butldmg, on Tuesday, April 25, 1995, at 4'35 P.M
Council Members Present.
John A Baum, Lbtwood 0 Bra. ch, III, Robert K. Dean, Harold
Hetschober, Barbara M tlenley, Louts R Jones, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and
Loutsa M. Strayhorn
Council Members Absent
William W Harrtson, Jr
April 25, 1995
-8-
ITEM # 39073
Mayor Meyera E. Oberndorf entertained a motton to permit City Council to conduct its EXECUTII~
SESSION, pursuant to Section 2 1-344, Code of Virgmta, as amended, for the following purpose.
LEGAL MATTERS Consultatton wtth legal counsel or brtefmgs by staff
members, consultants, or attorneys pertamtng to actual or probable
htigatton, or other specific legal matters' requesttng the provtston of legal
advtce by counsel pursuant to Sectton 2.1-344(A)(7)
To-Wit.
Lake Gaston
Adams Outdoor Advertmtng
PUBLICLY-HELD PROPERTY Dtscusston or constderation of the
condttton, acquisttton, or use of real property for pubhc purpose, or o]
the dtspositton of pubhcly-heM property, or of plans for the future of an
tnstttutton whtch couM affect the value of property owned or destrable for
ownership by such tnstltutton pursuant to Section 2 1-344(A)(3)
To-Wit Acqutstt~on/Disposttton of Property- Princess Anne Borough
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Counctl Members Votmg Aye
John A Baum, Lmwood 0 Branch, III, Robert K. Dean, HaroM
Hetschober, Barbara M Henley, Louis R Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and
Louisa M Strayhorn
Council Members Vottng Nay
Nolle
Counctl Members Absent
William W. Harrison, Jr.
Aprtl 25, 1995
-9-
FORMAL SESION
I/IRGINIA BEACH CITY COUNCIL
Aprtl 25, 1995
6:20 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Counctl Chamber, City tlall Building, on Tuesday, April 25, 1995, at 6 20 P.M.
Council Members Present
John A Baum, L#twood 0 Branch, III, Robert K Dean, Harold
Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wllltam D. Sessoms, Jr and
Louisa M Strayhorn
Council Members Absent
William W Harrison, Jr
[FAMILY VACATION]
INVOCATION.
Reverend Larry Hmton
Mount Zton AME Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Ce.tral Fidelity Bank, ABSTAINED on the application
of LAWRENCE A SANCILIO, RACHEL V. SANCILIO, LENA .K/tNCILIO, MAURICE STEINGOLD,
LEWIS B STEINGOLD AND SIGNET BANK/VIRGINIA (L 5) and disclosed there were no other matters
on the agenda m whtch he has a "personal interest", as deft.ed tn the Act, either individually or tn hts
capacity as an officer of Central Fidelity Bank ~lhe Vtce Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest m att), apphcatum that may come before City Council Vice
Mayor Sessoms' letter of January 10, 1995, ts hereby made a part of the record
April 25, 1995
- 10 -
Item V-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39074
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public bus.tess matters' lawfully exempted from Open Meeting
reqmrements by V~rgmta law were chscussed m Executive Session to
which thts certificatton resolutzon apphes,
AND,
Only such pubhc business matters' as were ~denttfted zn the motion
convening the Executtve Sesston were heard, dtscussed or constdered by'
Virginia Beach City Counct[
Voting: 10-0
Council Members Vottng Aye.
John A Baum, Lmwood O. Branch, III, Robert tC Dean, HaroM
Hetschober, Barbara M Henley, Louis' R Jones; Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay.
Non e
Council Members Absent
William W. ttarrison, Jr.
April 25, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virgima Beach C~ty Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39073, Page No 8, and in accordance with
the provisions of The Virginia Freedom of Information Act, and,
WHEREAS: Section 2.1-344 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City C6uncil
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by V~rgm~a law were discussed in Executive
Session to which this certification resolution applies, and, (b) only such pubhc business matters
as were identified in the motion convening th~s Executive Session were heard, discussed or
considered by Virginia Beach City Council
l~uth Hodge~Smith, CMC/AAE
City Clerk
April 25, 1995
-1l -
Item V-F. 1.
MINUTES
ITEM it 39075
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of Apnl 11, 1995.
Vottng: 10-0
Councd Members Voting Aye
John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM
He~schober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and
Louisa M Strayhorn
Council Members' Voting Nay
None
Council Members Absent
Wdliam W. Harrtson, Jr
April 25, 1995
- 12 -
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39076
BY CONSENSUS, Ctty Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 25, 1995
- 13 -
Item V-HI.
PROCLAMATION
ITEM # 39077
Mayor Oberndorf PROCLAIMED:
April 29, 1995
AS
SPECIAL OLYMPICS DAY
Robert Mtller, P E, Prestdent of Area II, ACCEPTED the Proclamatton Spectal Olympics is an
International movement of sports training and competition which gives children and adults who are
mentally retarded an opportumty to develop thetr phystcal skills, &splay their abilities and, most
tmportantly, fulfill thetr human potential
Robert Miller tntroduced hts athletes Ttmmy Brown, Anthony Sweeney, Sam Corprew, Kelly and Robert
Webb, Diana Cobb, Malcolm, Joe Mdtga., Marl' Klaus a.d hts dad, Meltssa Moore and Wanda Beasley.
Robert IVebb, President - People F~rst, presented mfi~rmatto, to City Council relative his' orgamzation
for People with Dlsablhtms
Aprtl 25, 1995
- 14 -
Item V-H 2.
PROCLAMATION
ITEM # 39078
Mayor Oberndorf PROCLAIMED:
MA Y 1995
AS
BEACH SAFETY MONTH
Kent Htnnant, Owner, Virginia Beach Life Guard Servtce and David Foxwell, President, Virignia Beach
Chapter, US. Ltfesavmg Assoctatton, ACCEPTED the Proclamatton
This Proclamation advised Virglttta Beach's' pubhc beaches provide our restdents, young and old, wtth
the opportunity to appreciate, respect and learn about the martne e.v~ronment Beach safety is a vital and
necessary requtrement of our enjoyme, t of the ocean and its beaches
April 25, 1995
- 15 -
Item V-I 1.
PRESENTATION
ITEM # 39079
ADD -ON
Congressman Owen B. Pickett and Joe McCauley, Manager of Back Bay National Wildlife Refuge
presented to the Mayor and Ctty Council Check Number 314787485184 irt the amount of $269,777.00
representing revenue sharing m lieu of taxes fi~r the Back Bay Wildlife Refuge
April 25, 1995
- 16 -
Item V-K 1.
RES OL UTIONS /ORDINANCES
ITEM # 39080
Upon motion by Councilman Jones, seconded by Councdman Baum, City Council DEFERRED,
1NDEFINITEL Y:
Resolution to authortze the City of Norfolk to proceed wtth the water
supply system capacity intprovements; aud, gtve nottce of same
Voting: I0-0
Council Members Voting Aye
Johu A Baum, Lmwood 0 Branch, III, Robert IC Dean, HaroM
Hmschober, Barbara M fleuley. Louts R Joues, Mayor Meyera E
Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr, and
Loutsa M. Strayhorn
Council Members Voting Nay
Non e
Council Members Absent
Wilham W Harrtsou, Jr.
April 25, 1995
-17-
Item V-K. 2
RES OL UTIONS/ OI~INANCES
ITEM # 39081
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to establish procedures for the administration of excess City
real property, a pohcy for the sale of excess City real property; and, to
authortze execution of the refereltced documents by the City Manager
and the Dtrector of Pubhc Works
Voting. 10-0
Council Members Voting Aye
John A. Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM
Iletschober, Barbara M IIenley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr., and
Loutsa M. Strayhorn
Council Members Voting Nay
Nolte
Counctl Members Abse~tt
William W Harrison, Jr.
April 25, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
A RESOLUTION ESTABLISHING PROCEDURES
FOR THE ADMINISTRATION OF EXCESS
CITY REAL PROPERTY AND A POLICY FOR
THE SALE OF EXCESS CITY REAL
PROPERTY
WHEREAS, Section 15.1-307 of the Code of Virginia, 1950,
as amended, authorizes City Council to declare city real property
in excess of the City's needs and dispose of same; and
WHEREAS, the City has not established written procedures
for city staff to inventory all excess city real property and a
formal policy for the application and procurement of city property
that may be deemed in excess of the needs of the City; and
WHEREAS, City Council wishes to promulgate a policy for
the sale of excess city real property and procedures for the
administration of excess city real property.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the "Procedures for the Administration of Excess
City Real Property"and the "Policy for Sale of Excess City Real
Property" attached hereto and incorporated by reference are hereby
established as the procedure for city staff to inventory excess
real property and the policy for City Council to declare city real
property in excess of the City's needs and dispose of the property.
BE IT FURTHER RESOLVED that the City Manager and Director
of Public Works are hereby authorized to execute the above-
referenced documents to establish the procedure and policy on
behalf of the City.
Adopted by the Council of the City of Virginia Beach on
25 April
the day of , 1995.
30
31
32
33
34
35
36
37
38
CA-5886
ORDINLNONCODE~EXCESS.RES
R-1
03/16/95
APPROVED AS TO CONTENT
rel~anment of PubhctWork~/O~fice of Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Section:
City of Virginia Beach
Policy
Policy Number:
Date of Adoption:
Date of Revision:
Page 1 of 2
Title: POLICY FOR DISPOSAL OF EXCESS CITY REAL PROPERTY
1.0 Pu .rpose and Need:
This policy defines and establishes a process for City Council to declare City real property
excess of the City's needs and authorize its disposal.
2.0 Policy Statement:
The City staff shall identify and inventory all real property owned by the City of Virginia
Beach. If City Council declares City real property to be in excess of the City's needs, this
policy sets forth the process for carrying out Council's desire. The policy and procedures shall
not be construed to bind City Council to act, or not to act, in accordance with the
recommendations of City staff, the City Manager, or the Excess City Real Property
Committee.
3.0 Procedure to Accomplish Policy:
3.1
A standing committee appointed by the City Manager or his designee shall recommend
which properties are in excess of the City's needs. It shall be known as the Excess City
Real Property Committee (the "Committee"). The Committee shall consist of the
Directors or representatives of the following departments, including but not limited to:
Planning, Public Works, Public Utilities, Parks and Recreation, Economic Development
and General Services.
3.2
The Committee shall prepare and approve written procedures for the implementation of
this policy. The procedures shall include instructions for the orderly processing of
applications for the disposal of excess real property.
Policy Number:
Date of Adoption: Date of Revision:
Section: Page 2 of 2
TITLE: POLICY FOR DISPOSAL OF EXCESS CITY REAL PROPERTY
4.0
3.3
The City's Real Estate Office shall maintain and make available upon request, copies of
the procedures referenced above.
3.4
The Committee is hereby authorized to modify the aforementioned procedures as may be
needed to maintain the policy's intentions and purposes due to change in circumstances.
However, the Committee is not authorized to modify any procedures which affect the
City Manager's or the City Council's decision making prerogatives.
Re .spo~isibility and Authority:
The Department of Public Works/Office of Real Estate shall have the primary responsibility to
oversee and coordinate procedures to implement this policy. The City Manager's Office, the
City Attorney's Office, and if requested, other city departments may provide assistance to the
Real Estate Office and the CommiUee. City Council is given sole authority to dispose of public
property in accordance with Sections 15.1-307, 838 and 847 of the Code of Virginia, 1950, as
amended.
Approval: Date:
City Manager
Approvalz~~
Pubhc W/br~r
Date: c~/~/'//~'
PROCEDURE FOR THE ADMINISTRATION OF
EXCESS CITY REAL PROPERTY
o
.
.
.
.
.
.
The City's Real Estate Office shall create and keep current an inventory of all real
property owned by the City of Virginia Beach. Public Works Mapping Division with the
assistance of the Real Estate Office shall periodically update the City's real estate maps.
The City's Real Estate Office shall present certain identified and/or applied for real
properties to the Excess City Real Property Committee (hereinafter the "Committee") for
their review.
After reviewing the information received from the Real Estate Office, the Committee
shall meet to prepare recommendations to the City Manager of what property shall be
declared excess and the method and conditions the conveyance should be made, e.g. bid,
appraised value, grant, negotiation, trade.
After receiving the information and recommendations of the Committee, the City
Manager shall determine what property, if any, should be declared excess and whether
to brief Council in executive session.
If the City Manager determines that the Council should be briefed, then Council, upon
being provided documentation and recommendations from Committee, may give tentative
approval to any part, or all of the recommendations; or may suggest changes to the
recommendations as they deem advisable.
Upon receiving notice of Council's tentative approval, or the Manager's direction to
proceed, the Real Estate Office shall forward an agenda request and submittal to City
Council for final approval. If City Council votes to approve declaring the property
excess of the City's needs, the City Real Estate Office and the City Attorney's Office will
coordinate activities to effectuate the conveyance, so that a closing can be scheduled in
a timely manner.
An application shall be processed as follows:
(a)
Anyone desiring to acquire excess real property that is listed on City's inventory
shall submit an application and $150.00 application fee to the City Real Estate
Agent. The applicant must also submit a drawing or plat that describes the City
property. The City's Real Estate Office will make available the application and
examples of legal documents.
(b)
Upon receipt of an application and fee, the City Real Estate Agent shall assemble
and forward all pertinent information for the requested property to the Committee.
Then the Committee shall meet to determine present or future needs for the
property. Once the Committee makes its determination, it will submit
recommendations to the City Manager.
(c)
After reviewing the Committee's recommendations, the City Manager shall
determine whether the property should be declared in excess of the City's needs.
If the City Manager determines there are City needs for the property, or a public
inconvenience would result if the property is disposed of, the applicant will be so
advised by the Real Estate Office and the applicant's fee will be returned. If the
City Manager recommends disposal of the property, he may give Council a
briefmg.
(d)
After being briefed about the application, City Council may decide to approve the
request with recommendations and conditions as presented, modify any of the
recommendations, retain the property, offer the property for public bids, or any
other option it deems advisable. If Council decides to take any action other than
allowing the applicant to continue the process, the applicant will be so advised by
the Real Estate Office and the application fee will be returned.
(e)
If City Council decides to convey the property to the applicant, the application fee
becomes non-refundable and the applicant must furnish the following within 180
days:
(1)
A recordable plat drawn by a certified land surveyor and a deed for the
excess property; and
(2)
If the City Manager or City Council determines an appraisal is needed, the
City Real Estate Agent will advise the applicant that he must pay for the
appraisal. The City's Real Estate Office will, on behalf of the applicant,
have the appraisal prepared. The process shall not continue until the
applicant pays the Real Estate Agent for the appraisal.
o
If Council determines the property should be offered by public bid, the successful bidder
shall pay all costs and furnish those matters referenced in 7(e) above.
.
If excess City real property is disposed of other than as outlined in 7 or 8 above, the
grantee may be required to pay all of the costs and/or meet the conditions and obligations
outlined in 7(e) above.
10.
Upon completion of the prospective purchaser's or grantee's obligations and
responsibilities, all documents, plats, appraisals, etc. shall be forwarded to the Real Estate
Office for review and approval as to content. The Real Estate Office will forward the
deed and plat to the City Attorney's Office for review and approval as to legal
sufficiency.
11.
If the documents are approved, the deed and plat shall be forwarded to the City Manager,
or his designee for execution.
12. The City Attorney's Office shall set closing with the purchaser or grantee.
13. After the deed is recorded, the City Attorney's Office will notify the Real Estate Office.
C~mittee Chairperson
PROACTIVE PROCESS
i ·
Real Estate Office inventories all City Real Property.
Includes researching, cataloging, categorizing and
prioritizing all information on all City owned Real
Properties.
·
Real Estate Office identifies potential excess properties out
of the master inventory list and forwards information to the
Excess City Real Property Committee members.
·
Committee members receive package of potential excess
properties for review.
·
Committee meets to discuss properties brought forward and to
decide which ones to recommend to the City Manager for
disposition.
5. Committee forwards package and recommendation to City Manager.
·
City Manager makes decision to either dispose of or not to
dispose of the property. If decision is no, package is
returned to Committee. If decision is yes, Manager makes
decision of whether or not to brief Council in executive
session.
6a. Committee receives City Manager's decision not to dispose of
the property and forwards same to the Real Estate Office.
6b. Real Estate Office receives Manager's decision from Committee
and closes file.
·
City Manager makes decision to brief, or to not brief City
Council in Executive Session. If decision is no, Committee is
notified to have agenda package prepared and placed on first
available agenda. If decision is yes, Manager schedules
briefing with Council in executive session.
7a. Committee receives City Manager's decision to place matter on
agenda for open session and same is forwarded to Real Estate
Office.
7b. Real Estate Office receives Manager's decision from Committee
and prepares agenda request to be forwarded to Director of
Public Works for his signature.
8. Manager prepares to brief City Council in executive session.
Sa. Council hears Manager's briefing in executive session.
·
Council makes decision to dispose of, or to not dispose of the
property. If decision is no, process returns to point 6a. If
decision is yes, process returns to 7a.
10. Director of Public Works receives agenda request and
recommendation package from Real Estate Office to forward to
Council in regular open session, via City Attorney's and
Manager's Offices.
11. City Attorney receives agenda request package and prepares
ordinance. Forwards package to City Manager's Office to have
scheduled for first available agenda.
12. City Manager receives agenda package for action, signs
ordinance and has placed on first available agenda.
13. City Council, in open session, makes decision to dispose of,
or to not dispose of the Property. If decision is no, process
returns to 6a. If decision is yes, Property is declared
excess and Real Estate Office is directed to proceed with
process.
14. Real Estate Office receives Council's approval, declaring
Property to be in excess of City's need.
15. Real Estate Office makes decision to place Property for bid,
or to not request bids. If decision is no, Property is
offered directly to the Property's contiguous owners. If the
decision is yes, a bid package is prepared and the bidding
process is implemented.
15a. The contiguous owner, or owners, are offered the Property by
the City.
15b. The contiguous owner, or owners, make decision to accept, or
to not accept the City's offer. If the decision is no, the
Real Estate Office must make decision to continue or not. If
the decision is yes, Real Estate is advised to continue
process.
15c. Real Estate Office receives "no" decision from contiguous
owner, or owners, and makes decision to either close file or
continue process. If decision is no, process returns to 6b.
If decision is yes, Real Estate Office must decide if bid
process is to be implemented.
15d. Real Estate Office makes decision on whether or not to
implement bid process. If the decision is no, Property is
offered directly to potential purchaser, if any are
identified. If the decision is yes, bid package is prepared
and the bid process is implemented.
15e. City offers Property directly to potential purchaser.
15f. Potential purchaser makes decision to accept the City's offer,
or to not accept the offer. If the decision is no, the Real
Estate Office must make decision to continue or not. If the
decision is no, process returns to 15c. If the decision is
yes, Real Estate Office is advised to continue process.
15g. Potential purchaser, having decided to accept the City's
offer, notifies the Real Estate Office.
16. Real Estate Office prepares bid package for distribution to
all interested bidders.
17. Real Estate Office places bid advertisement in local media.
18. Real Estate Office receives and opens bids.
19. Real Estate Office evaluates received bids.
20. Real Estate Office makes decision to accept, or to not accept
the bid. If the decision is no, process returns to 3. If the
decision is yes, bidder is notified as to remaining process.
Rg~C~IV~ PROCESS
i ·
Citizen directs inquiry to Real Estate Office about the
potential for the purchase of City owned Property.
la. Real Estate Office receives inquiry regarding City owned
Property and advises citizen of process along with the making
available of the necessary application form.
lb. Citizen completes application to acquire the City Property,
and forwards same, plus the $150.00 application fee, to the
City's Real Estate Office.
·
The Real Estate Office receives the application and prepares
informational package to submit to Committee for their review.
3. Committee members receive request package and review same.
·
Committee meets to discuss application and to formulate
recommendation to City Manager.
5. Committee forwards package and recommendation to City Manager
·
Manager makes decision to dispose of, or to not dispose of the
Property. If the decision is no, manager returns package to
the Committee. If the decision is yes, Manager must make
decision on whether or not to brief Council in executive
session.
6a. Committee receives package from Manager and forwards same to
Real Estate Office.
6b. Real Estate Office receives Manager's decision from the
Committee, notifies applicant, returns fee, and closes file.
·
Manager makes decision to brief Council in executive session
or not. If the decision is no, Committee is notified to have
agenda request prepared and place matter on first available
agenda. If the decision is yes, Manager schedules a briefing
for Council in executive session.
7a. Committee receives Manager's decision and forwards same to
Real Estate Office.
7b. Real Estate Office receives Manager's decision from Committee
and prepares agenda request package to be forwarded to
Director of Public Works for his signature.
·
Manager prepares briefing for Council, to be heard in
executive session.
Sa. Council hears Manager's briefing in executive session.
·
Council makes decision to dispose of, or to not dispose of the
Property. If the decision is no, process returns to 6a. If
the decision is yes, process returns to 7a.
10. Director of Public Works receives Agenda Request and
recommendation package from Real Estate Office to forward to
Council in regular open session, via City Attorney's and
Manager's Offices.
11. City Attorney receives agenda request package and prepares
ordinance. Forwards package to City Manager's Office to have
same scheduled for first available agenda.
12. City Manager receives agenda package for action, signs
ordinance and has placed on first available Agenda.
13. City Council, in open session, makes decision to dispose of,
or to not dispose of the Property. If the decision is no,
process returns to 6a. If the decision is yes, Property is
declared excess and Real Estate Office is directed to proceed
with process.
14. Real Estate Office receives Council's approval, declaring
Property to be in excess of City's need.
** Reactive process continues with "21" below.
CONJUNCTION OF PROACTIVE AND REACTIVE PROCESSES
21. Real Estate Office notifies applicant/bidder of his
responsibilities to finalize his acquisition of the Property.
22. Applicant/bidder makes decision to proceed, or to not proceed
with acquisition of the Property. If the decision is no, he
gives notice of his intentions to Real Estate Office. If the
decision is yes, he begins the process of assembling the legal
documents, plats, and appraisal required of him by
notification at step 21.
22a. Applicant/bidder notifies Real Estate Office of his intention
to not proceed with acquisition.
22b. Real Estate Office makes decision on whether or not to
continue process. If the decision is no, process returns to
6b. If the decision is yes, Real Estate Office decides
whether or not to utilize bids already received.
22c. Real Estate office makes decision of whether or not to utilize
bids already received. If the decision is no, process returns
to 15. If the decision is yes, process returns to 19.
23. Applicant/bidder prepares all documents and plats required of
him by notification at step 21.
24. Applicant/bidder forwards required paperwork to Real Estate
Office.
25. Real Estate Office reviews and approves documents received,
for content, and forwards same to City Attorney via Director
of Public Works.
26. Director of Public Works forwards documents to City Attorney's
Office for closing.
27. City Attorney's Office reviews and approves deed, for legal
sufficiency, and forwards same along with the plat to City
Manager for his signature.
28. City Manager, or his assigned designee, executes deed and plat
for the City and returns them to City Attorney's Office for
closing.
29. City Attorney's Office prepares for closing.
30. City Attorney's Office closes with applicant/bidder and
notifies Real Estate Office.
31. Real Estate Office receives closing notification from City
Attorney's Office and closes file.
Policy Report
EXCESS CITY REAL PROPERTY POLICY
BACKGROUND
Although the City has been disposing of its excess property for
many years, there is no official policy or written procedures to
guide staff. Procedures have evolved to fit individual
circumstances. These procedures do not include a proactive process
to market excess City-owned real property. Citizens requesting to
purchase excess property may spend large sums of money to prepare
an application while it is uncertain whether City Council may
declare the property excess of the City's need.
During its deliberation over recent applications, Council decided
a formal policy should be prepared that would be more citizen
friendly. A committee was subsequently established to recommend a
policy to the City Manager and City Council.
ORGANIZATIONAL CONSIDERATIONS
The committee has made recommendations for a new policy. Once a
formal policy is adopted by City Council, the committee will
continue to meet and make recommendations as outlined in the policy
and procedures. The committee is composed of representatives of
the Departments of Public Works, Public Utilities, Economic
Development, Parks and Recreation, Planning and General S~rvices.
Legal assistance will be provided by the City Attorney's office, as
needed. Other Departments and/or Divisions may be asked to provide
input if the property may concern the City agency.
Although the processing of requests for excess property has always
utilized the assistance of numerous City agencies, the new policy
will require a committee composed of staff members of several City
agencies to meet on a regular basis and make recommendations. Such
recommendations shall include but are not limited to information
and alternatives the City Manager and Council may wish to consider
if it decides to declare property excess of the City's needs.
LEGAL CONSIDERATIONS
The City Attorney's Office advises the following legal issues may
be involved in the excess property process:
a) City Council has the sole authority to approve disposal
of public real property in accordance with Sections 15.1-
307, 838 and 847 of the Code of Virginia, 1950, as
amended.
b) City Council has the authority to discuss the disposition
of publicly held real property in executive session under
the Freedom of Information Act.
c) If the applicant or potential grantee of excess City real
property is an immediate family member or business
associate of a committee member or if the member has a
potential interest in the proposed transaction, the
member should advise the City Attorney requesting a
determination whether a potential conflict of interest
exists.
d) If the property being considered has been dedicated to
public use, it may be declared excess and sold provided
an ordinance is passed by a recorded affirmative vote of
three-fourths of all the members of Council, or nine (9)
affirmative votes. As long as the property to be
declared excess has not been dedicated to public use, the
"super majority requirement" is not required.
BUDGETARY IMPACTS AND CONSIDERATIONS
The City is constantly in search of new sources of revenue. Over
the years, the City has accumulated hundreds of parcels of real
estate, part of these parcels may be deemed in excess of public
needs. Most of the excess parcels, because of size, configuration
and zoning, are not developable. These, however, could be sold or
conveyed to the adjacent owners and returned to the tax roles.
Some of the City excess property can be marketed as developable
parcels.
By returning excess parcels to the private sector, the City gains
a return of at least part of the monies initially invested as well
as additional revenue by returning the land to the City's tax
roles.
PUBLIC INFORMATION
As Council approves disposition of excess real properties, lists of
some of those properties will be published in the local news
papers. In cases where properties will only have value when
assembled with adjoining parcels, the properties will be offered to
adjoining owners first, and if the adjoining owners are not
interested, the properties may be published and offered for public
bid.
RECOMMENDATIONS
The subject policy has been developed based on council's desire to
afford the citizen an opportunity to gain support for acquisition
of excess City property prior to having to expend large sums of
money on surveys, appraisals, legal work, etc. The Excess City
Real Property Committee is of the opinion that this policy reflects
Council's desire. It is therefore recommended that Council approve
the policy and procedures as presented.
Submitted by:
Reviewed by:
Ci~)Manager '
Da~e: ~' ~'g%/
DISPOSAL OF EXCESS CITY REAL PROPERTY
,,,
PROACTIVE PROCESS REACTIVE PROCESS
REAL CC~klTTEE W~NACER C~UNOL OI~CTO~ Cl~ Cl~ R~ C~TT~ ~NA~ C~N~ D~CT~ C~ Cl~
ESTATE P~ AT~. ~TA~ P~ AT~,
PROACTNE PR~[SS
3
~ 6 ~a~ TO D~ ~ H~v ~ NOT
H ~S C~L
~O~ TO B PK~T ~ ~T
~Og~ TO ~T ~ ~ NOT
~ ~Og~ TO ~ PK~ M ~T
~ ~S P~ TO POT~KL
~S A~ O~S ~
R~IV~ PR~S
~ ~TDN P~
W w ~ ~Og~ TO D~ ~ ~TT ~ MOT
~ TQ ~ ~ ~ NOT
9 ~a~ fO ~ ~ N~TV ~ NOT
CON~CT~ ~ PROAC~E AND REAC~ PR~SES
~ ~A~S ~S A~ P~TS
~ ~H&~S O~S
) ~S NOT~ATON MO ~ ~
__ 1 ~
- 18 -
Item V-K 3
RESOLUTIONS~ORDINANCES
ITEM # 39082
Upon motion by Vtce Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council ADOPTED:
Or&nance to ACCEPT and APPROPRIATE grants' totaling $14,056
from the State Department of E. vtronmental Quahty to the FY 1994-
1995 Operating Budget for the General Services Department re
enhancement of the City's Clean Community Program, and, the
esttmated State revenue from the Commonwealth be increased
accordtngly
Voting' I0-0
Council Members Voting Aye
John A. Baum, Linwood 0 Branch, III, Robert K Dean, HaroM
Hetschober, Barbara M. Henley, Louts R Jones, Mayor Meyera E.
Oberndorf Nancy 1~ Parker, Vice Mayor William D Sessoms, Jr, and
Loutsa M. Strayhorn
Council Members Vottng Nay
Nolle
Council Members Absent
William W Harrtson, Jr
April 25, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE $14,056 FROM THE STATE
DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ENHANCEMENT OF THE CITY'S
CLEAN COMMUNITY PROGRAM
WHEREAS, the Landscape Services Division of the Department of General Services is responsible for planning and
7 coordinating the Clean Community Commission's activities and various volunteer programs relating to litter prevention and
8 environmental awareness including Adopt-A-Programs, Earth Day, April activities, storm drain stenciling, and classroom
9 presentations to third graders;
10
'1 '[ WHEREAS, the landscape Services Division of the Department of General Services estimated revenues to be received
'12 from a grant from the State Department of Environmental Quality in the amount of $15,659 for its litter prevention and
'13 environmental awareness programs which would not require matching funds, and this estunated revenue was appropriated with
14 the FY1994.95 operating budget;
15
WHEREAS, the actual grant award from the State Department of Environmental Quality was $18,054 of which the
increase in revenue of $2,395 is unappropriated; and
18
WHEREAS, the landscape Services Division of the Department of General Services has applied for and has been awarded
a supplemental grant m the amount of $11,661 from the State Department of Environmental Quality for conducting litter prevention
and environmental awareness activities which would not require matching funds, and which is unappropriated.
22
2 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
2 4 to accept and appropriate grants totalling $14,056 from the State Depamnent of Environmental Quality to the FYI 994-95 Operating
2 5 Budget for the General Services Department.
26
2 7 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to increase
2 8 Estimated State revenue from the Commonwealth in the amount of $14,056.
29
This ordinance shall be effective from the date of its adoption.
31 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of
Aprxl
, ~995.
3O
32
33
34
35
36
37
38
APPROVED AS TO CONTENT
DEPARTMENT OF MANAGEMENT AND BUDGET
APPROVED AS TO LEGAL SUFFICIENCY AND FORM
CITY ATTORNEY
39
40
c \budget\94-95\lsgrant etd vol 45 sgh
- 19 -
Item V-K4.
RESOLUTIONS~ORDINANCES
ITEM # 39083
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE to the Department of
Soctal Services FY 1994-1995 Operating Budget, and, esamated
revenues to the General Fund for FY 1994-1995 be increased
accordingly
A $12,200 Grant from the Department of Criminal Justtce
Servtces re peer mentortng and peer medtation tramtng,
funding for Parents' and Teens for Better Baystde, fundtng for
the CARE Youth Leadershtp Camp, funding for the Spring
Conference of Better Beginnings
$7,711 re one full-time ehgtbthty worker to maxtmtze federal
and state Medicaid.
Voting. 10-0
Counctl Members Voang Aye
John A Baum, Lbtwood 0 Branch, III, Robert K Dean, HaroM
Hetschober, Barbara M. llenley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr, and
Loutsa M Strayhorn
Councd Members Voting Nay
None
Council Members Absent.
Wtlham W ttarrison, Jr
April 25, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF
$12,200 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE
DEPARTMENT OF SOCIAL SERVICES AND TO INCREASE ESTIMATED REVENUE
TO THE GENERAL FUND BY $12,200
WHEREAS, juvenile crime in Virginia Beach continues to be a concern and students at
6 Bayside High School have received some training as peer mentors and peer mediators, and their
7 intervention with students has proven to be most successful in preventing conflicts between
8 students in the school as well as in the community,
WHEREAS, a grant has been approved by the Department of Criminal Justice Services
10 which will provide funds for peer mentoring and peer mediation training for additional students at
11 Bayside High School as well for training high school students in goal setting slolls,
12
WHEREAS, additional uses of the grant will include funding for Parents and Teens for
13 Better Bayside, funding for the CARE Youth Leadership Camp, funding for the Spring
14 Conference of Better Beginnings, and an evaluation of the program, and
15
WHEREAS, the required local match will be provided through in-kind services
16
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, that a grant in the amount of $12,200 from the Department of
18 Criminal Justice Services be accepted and appropriated to the Department of Social Services FY
19 1994-95 Operating Budget and that estimated revenue to the General Fund for FY 1994-95 be
20 increased by $12,200
21 This ordinance shall be effective on the date of its adoption
22
Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of
23 April , 1995
f \usersXmgentry~somal\dcj s ord
AN ORDINANCE TO APPROPRIATE $7,711 TO THE DEPARTMENT OF SOCIAL
SERVICES FOR AN ADDITIONAL ELIGIBILITY WORKER TO BE FUNDED BY A
$7,711 INCREASE IN ESTIMATED REVENUE
WHEREAS, in FY 1990-91, the Department of Social Services placed an outstationed
5 eligibility worker at Virginia Beach General Hospital, and, in FY 1992-93, an eligibility worker
6 was outstationed at the Health Department,
WHEREAS, funding for the positions was provided by Virginia Beach General Hospital
8 and the Health Department respectively in order to maximize Federal and State Medicaid
9 reimbursements,
10
WHEREAS, Sentara Health System has requested that the Department of Social Services
11 outstation a Medicaid eligibility worker at the Sentara Norfolk General Hospital to process
12 Medicaid and State Local Hospitalization (SLH) applications for residents of Virginia Beach who
13 are using the Sentara Health System,
14
WHEREAS, the cost of the position will be offset by increases in Medicaid revenue and
15 fee revenue from Sentara Health System which will pay the total non-federal cost and the fringes
16 benefits of the position, with supervision and training to be provided by the Department of Social
17 Services in order to provide better services to the citizens of Virginia Beach and increase the
18 reimbursement provided the hospital through the Medicaid and SLH program,
19
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, that appropriations to the Department of Social Services FY 1994-95
21 Operattng Budget be increased by $7,711 and that estimated revenue to the General Fund be
22 increased by $7,711,
23
BE IT FURTHER ORDAINED, that one full-time eligibility worker position be
24 established in the Department of Social Services
25 This ordinance shall be effective on the date of its adoption
26
Adopted by the Council of the C~ty of Virginia Beach, Virginia on the
27 April 1995
25th
day of
- 20 -
Item V-K5.
RES OL UTIONS /ORDINANCES
ITEM # 39084
Upon morton by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council ADOPTED:
Ordinance authortzmg Tax Refunds irt the amount of $2,331.63 upon
application of certain persons and upon Certtftcatton of the City
Treasurer fi)r payment
Voting 10-0
Council Members Vottng Aye.
John A Baum, Lmwood O. Branch, III, Robert K. Dean, HaroM
Hetschober, Barbara M tlenley, Louts R Jones, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr, and
Loutsa M Strayhorn
Council Members Vottng Nay
Nolte
Council Members Absent
Wilham W. Harrison, Jr
April 25, 1995
CORM HO C A ?
·
3/29/31
EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA'
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
Michael M & Anita Merkel 95
William J & Delorese Gilliam 95
First Lynnhaven Baptist Ch 95
B A Mortgage Tax Dept 95
G M Gulbranson 95
Richard Meacham 95
Nancy P McKeown 95
Doris B Verones N/A
Annette A Norman N/A
RE(l/2) 078890-5 3/31/95 60.68
RE(l/2) 043241-6 2/27/95 82.43
RE(l/2) 054349-3 12/5/94 1,508.36
RE(l/2) 104911-4 11/23/94 211.99
RE(l/2) 047268-4 12/5/94 356.17
Dog V14414 2/7/95 10. O0
Dog V14361 2/7/95 2.00
Pkng 475537 1/20/95 50.00
Pkng 460259 2/28/95 50.00
Total
2,331.63
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2,331.63 were approved by
the Council of the City of V~rgin~a
Beach on the 2_5 day of A1~'~1t 1.995
Ruth Hodges Smith
C~ty Clerk
Cert~ s to pay ent
Les'~ L/'~llley, ~llty
- 21 -
Item V-K6
RES OL UTIONS /ORDINANCES
ITEM # 39085
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordmance authortzmg License Refunds tn the amount of $35,396.90
upon appltcatton of certain persons and upon Certtficatton of the
Comm~ssto. er of the Revenue
Voting. 10-0
Council Members Vottng Aye
John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM
He~schober, Barbara M tlenley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, V~ce Mayor Wtlham D Sessoms, Jr, and
Louisa M Strayhorn
Council Members Voting Nay.
None
Council Members' Absent
Wtlham W Harrtson, Jr
April 25, 1995
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
A & M Lawn Care & Landscaping
841 Plymouth Lane 1994
V~rg~ma Beach, VA 23451
Atlantic TV & Apphances Inc.
T/A Atlantic Viewtronics Serv. Co.
P.O. Box 925 1992-94
Virg~ma Beach, VA 23451
Gary Paschang Landscaping Inc.
2268 Sandy Woods Lane 1994
Virg~ma Beach, VA 23456
Audit $85.20 $85.20
Audit $520.98 $520.98
Audit $142.30 $142.30
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $748.48
of the C~ty of Virginia Beach on the
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
-
CIty Attorney
were approved by the Council
day of ^pz-~:[ ,19
Ruth Hodges Smith
CIty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcations for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
HQ Home Quarters Warehouse
P.O. Box 8730 1992-94
Virg~ma Beach, VA 23450
Audit $26,254.03 $26,254.03
Ox~ Generators Inc.
218-B Southgate Ave.
Virg~ma Beach, VA 23462
1993-94 Audit $122.95 $122.95
Ray, Ashwin & Neeta A.
T/A Blue Coral Motel Apts.
2000 Queen Victoria Court #1
Virglma Beach, VA 23454
1994 Audit $25.54 $25.54
Certified as to Payment:
4/__.~lO~ert P. Vaughan ~_
Commissioner of the Revenue
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
of the C~ty of Virginia Beach on the
Approved as to form:
C~ty Attorney
$26,402.52 were approved by the Council
25 April 95
day of ,19
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
S Herman Corp.
T/A The Lighthouse
P.O. Box 386
Virginia Beach, VA 23458
Southern Tent Company Inc.
C/O Norman H. O'Bryant
220 Partridge Lane
Windsor, VA 23487
1994 12/30/94 $1,325.00 $1,325.00
1994 Audit $197.10 $197.10
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,522.10
of the C~ty of V~rgln~a Beach on the
Certified as to Payment:
~'--'R~'bert P. VaughanyJ
Commissioner of th~Revenue
Approved as to form:
L-'~I~ L. Lilley
C~ty Attorney
were approved by the Council
day of April ,19 95
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicatmns for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Bryan & Associates Realty Inc.
1159 W. Ocean View Avenue #B1
Norfolk, VA 23503 1994
Comerford, John R. 1992-94
T/A DIgital Design Desktop Pubhsh~ng
928 Camino Real South
V~rg~ma Beach, VA 23456
Ford, Joseph A.
T/A Ford Consulting
1605 Sword Court
V~rg~nia Beach, VA 23464
Audit $164.92 $164.92
Audit $121.50 $121.50
1994 Audit $30.00 $30.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $316.42
of the City of VirginIa Beach on the 25
Certified as to Payment:
~bert P. Vaughan ~'
Commissioner of the Revenue
Approved as to form'
LLe~li'e L. Lille'~
C~ty Attorney
were approved by the Council
day of April ,19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Horton, James P., Jr.
3725 H~story Land Drive
Virginia Beach, VA 23452
International Realty Corp.
One Columbus Center #602
Virginia Beach, VA 23462
Mitchell, Mark
T/A Chick-FiI-A-Pembroke
5200 Buffington Road
Atlanta, GA 30349
1992-94 Audit $36,35 $36.35
1993-94 1993-94 $60.00 $60.00
1994 Audit $498.50 $498.50
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $594.85
of the City of V~rgin~a Beach on the 2.5
Certified as to Payment:
~_~--~Ro]'3ert P. Vaugha-n~,~'
Commissioner of tl'r~ Revenue
Approved as to form:
[~s[ie L. Lill~y" -- ~_._~
City Attorney
were approved by the Council
day of April ,19 95
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Southeastern Painting Inc. 1992-94
T/A Southeastern Services
1724 Virginia Beach Blvd. #105
Virginia Beach, VA 23454-4525
Transtate Brokers Inc. 1991-94
T/A Symphony Music Company
1397 Baker Road
Virginia Beach, VA 23455
Waghalter Inc.
T/A Wagco Towing
3017 Maywew Place
Virginia Beach, VA 23452
1992-94
Audit $405.46 $405.46
Audit $38.85 $38.85
Audit $426.65 $426.65
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $870.96
of the City of V~rginia Beach on the ?__5
Certified as to Payment:
~/'-.--~bert P. Vaugha~/
Commissioner of the Revenue
Approved as to form'
~-'~s'l~e L. L~ley~ - ~
City Attorney
were approved by the Council
day of ^pz-~;[ ,19 9_5
Ruth Hodges Smith
City Clerk
I,1~ No C.A. I I~'v
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerbfication
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Blake, Patrick & James Trent
T/A Window Washing By J & P
5733 Albright Drive
Virginia Beach, VA 23464
Brugno, Michael
T/A Brugno & Sons
608 Manor Drive
Virginia Beach, VA 23464
Chicks Beach Cafe Inc.
T/A Ch~cks Beach Cafe
333 Waterside Drive #141
Norfolk, VA 23510
1993-94 Audit $40.00 $40.00
1992-93 Audit $159.48 $159.48
1993 Audit $339.93 $339.93
Th~s ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $539.41
of the City of Virginia Beach on the
Cerbfied as to Payment:
Approved as to form:
City Attorney
were approved by the Council
day of ^;pz-~l ,19
Ruth Hodges Smith
City Clerk
ItOIt~d NO C.A.. 8 fqLrV 3~8
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Stallings Group PC
2508 Little Lake Court
Virginia Beach, VA 23454
Stray Dogs Inc.
421 London Blvd.
Portsmouth, VA 23704
1994 Audit $1,578.99 $1,578.99
1994 Audit $74.00 $74.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totahng $1,652.99
of the City of Virginia Beach on the
Cerbfled as to Payment:
Approved as to form:
_
'L"~s~'e L. Lilly
C~ty Attorney
-
were approved by the Council
day of ^pz*~;l_ ,199`5
Ruth Hodges Smtth
City Clerk
Pq34qM NO C.,~.. IIqEV ~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcabons for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT, TOTAL
YEAR PAID
LMM Associates Inc. 1994
T/A Econo Lodge-Chesapeake Beach
1800 Nations Bank Bldg.
Norfolk, VA 23510
ATT'N: Ross C. Reeves
Ocean Buick Inc.
T/A Haywood Clarke Buick
1800 Lask~n Road
Virginia Beach, VA 23454
1993-94
Raval, Usha R. 1994
T/A Swaagat Health Foods & Sp~ces
186 Kellam Road S.
Virginia Beach, VA 23462
Audit $569.76 $569.76
Audit $1,846.90 $1,846.90
Audit $80.24 $80.24
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,496.90
of the City of V~rg~n~a Beach on the 2.5
Cerbfied as to Payment:
Commismoner of the Revenue
Approved as to form:
were approved by the Councd
day of April ,19 95
Ruth Hodges Smith
C~ty Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicabons for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INT. TOTAL
YEAR PAID
Dietrich, April J.
T/A Dietrich Assocmtes
1002 Langley Road #Al
Norfolk, VA 23507
1994 Audit $110.87 $110.87
Dorr, Thomas W.
T/A Fences By TWD
P.O. Box 9616
Virginia Beach, VA 23450
1993-94 Audit $10.00 $10.00
Integrated Quality Solutions Inc.
1939 Columbia P~ke #24 1994
Arlington, VA 22204
Audit $131.40 $131.40
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $252.27
of the City of V~rg~n~a Beach on the 2_5
Leslie L. Lilley
City Attorney
were approved by the Council
day of April ,19 95
Ruth Hodges Smith
City Clerk
- 22 -
Item IV-L.
PUBLIC HEARING
ITEM # 39086
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on.
PLANNING
1. PLANNING BY CONSENT
2. SAN1FILL, INC.
RECONSIDERATION OF
CONDITIONS
3. ROCK CHURCH MINISTRIES
RECONSIDERATION OF
CONDITIONS
4. JOHN E. HA WKINS
RECONSIDERATION/
VARIANCES
5. LAWRENCE A. SANCILIO/RACHEL V. SANCILIO STREET CLOSURE
LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD
AND SIGNET BANK/VIRGINIA
6. JOHN CLARD Y, M.D.
VARIANCES
7. THOMAS E. FLEMING
VARIANCE
8. BARBARA GRAY
VARIANCES
9. ST. JOHN'S BAPTIST CHURCH
CONDITIONAL USE PERMIT
I0. CHURCH OF THE REDEEMER
CONDITIONAL USE PERMIT
II. BEN SOREY AUTO RACING & REPAIR, INC.
CONDITIONAL USE PERMIT
12. QUICK 10 CORPORATION
CONDITIONAL USE PERMIT
Aprd 25, i995
- 23 -
Item IV-L,I,
PUBLIC HEARING
ITEM # 39085
PLANNING B Y CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
FOR DEFERRAL IN ONE MOTION Items 2, 3, 5 and 9.
Item 2 was DEFERRED FOR FURTHER STUDY.
Item 3 was' DEFERRED unttl the Cay Council Session of May 9, 1995.
Item 5 was' DEFERRED for att ADDITIONAL 180 DA YS.
Item 9 was DEFERRED until the City Council Session of May 9, 1995.
Voting: 10-0
Council Members Voting Aye.
John A Baum, Lmwood 0 Branch, III, Robert K Dean, , Harold
tteischober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr * and
Loutsa M. Strayhorn
Council Members Voting Nay
None
Counctl Members Absent
Wtlham W tlarrtson, Jr
**Vice Mayor Sessoms ABSTAINED on Item L 5 as his bank deals' wtth the apphcant
April 25, 1995
- 24 -
Bern V-L. 2.
PUBLIC HEARING
ITEM # 39086
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, Ctty Council DEFERRED
FOR FURTHER STUD Y the RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN AND
NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Applicatton
(WILLIAMS CORPORATION OF I/7RGINIA) for a Condtttonal Use Permtt for a borrow pit for
SANIFILL, INC
ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION
OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR FILLING A
BORROW PIT RO 3901295
Ordtnance upon apphcatton of Wtlhams Corporation of Virginia for a
Condtttonal Use Permtt for filhng a borrow ptt on the west stde of
Centervtlle Turnptke, 1600 feet more or less north of Kempsvtlle Road.
Said parcel contatlts 89 8 acres More detatled mformatton ts available
tit the Department of Plannt.g KEMt'SVILLE BOROU(;H.
Vottng.
10-0 (By ConsenO
Counctl Members' Voting Aye
John A Baum, Linwood 0 Branch, III, Robert IC Dean, , Harold
tteischober, Barbara M Henley, Louts R Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor Wtlltam D Sessom& .Ir. and
Louisa M Strayhorn
Counctl Members Voting Nay'
None
Counctl Members Absent
Wilham W Harrtson, Jr
April 25, 1995
- 25 -
Item V-L 3.
PUBLIC HEARING
ITEM # 39087
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Coultcll Lady Strayhorn, City Council DEFERRED
UNTIL MAY 9, 1995 the RECONSIDERATION OF CONDITION NUMBER FIVE on the December
15, 1992 Approved Application of ROCK CHURCH MINISTRIES for a Condttlonal Use Permit:
ORDINANCE UPON APPLICA lION OF ROCK CtlURCtl MINISTRIES
FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND A 50-
UNIT HOME FOR TIlE AGEI) R012921795
Ordinance upon apphcat~on of Rock Church Ministries for a Condittonal
Use Permit for a church and a 50-umt home for the aged on the
northeast corner of Kempsvtlle Road and Manor Dr~ve Said parcel
located at 620 Kempsvtlle Road a~td contam¥ 7 546 acres KEMPSVILLE
BOROUGtt
Vottng.
10-0 (By ConsenO
Council Members' Voting Aye
John A Baum, L#twood 0 Branch, III, Robert K Dean, tlaroM
tlelschober, Barbara M l-le. ley, Lou~s R Jones, Mayor Meyera E
Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, .Ir and
Loutsa M Strayhorn
Counctl Members Voting Nay
Noir e
Council Members' Absent
William W Harrison, .Ir
April 25, 1995
- 26 -
Item V-L. 4.
PUBLIC HEARING
ITEM # 39088
PLANNING
John E. Hawkins, the applicant, represented htmself
Sandy Calvert, 3032 Little Haven Road, Phone 340-8613, registered in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DENIED
RECONSIDERATION of the Apphcatton of JOHN E. HAWKINS for Vartances to the Subdtvtsion
Ordinance on Site 14, Ltttle tlaven (3009 Little Haven Road) (LYNNHAVEN BOROUGH)
Sectton 4.4(b) whtch requtres all newly created lots meet all requtrements
of the Comprehensive Zomng Ordinance.
Section 4.4(d) whtch requtres all lots have &rect access to a pubhc
street
Appeal from Decistons of Admzmstrattve Officers m regard to/qcertam
elements of the Subdtvtston Ordinance, Subdtvtston fi~r John E [tJawkms
Property ts located on Stte 14, Dttle tlaven at 3009 Little Havel' 1 Road
LYNNHA VEN BOROUGIt
Vottng 10-0
Council Members Voang Aye
John A Baum, Ltnwood 0 Branch, III, Robert K Dean,, Harold
ttetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and
Louisa M. Strayhorn
Councd Members Votmg Nay
Nolle
Council Members Absent
Wilham W tlarrtson, Jr
Aprtl 25, 1995
- 27-
Item V-L. 5
PUBLIC HEARING
ITEM tt 39089
PLANNING
Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Strayhorn, City Counctl DEFERRED
for an ADDITIONAL 180 DAYS (OCTOBER 24, 1995) an Ordinance for &scontmuance, closure and
abandonment m the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA
SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA,
Trustees under the Wtll of Israel StemgoM for the &scontmuance, closure and abandonment of portions
of Wagner Street, First Street and Avenue E
Application of Lawrence A Sanctho, Rachel V Sanctlio, Lena Sanctlio,
Maurtce Stebtgold, Lew~s B Stemgold and Signet Bank~Virginia, Trustees
under the Wtll of Israel Stemgold for the dtsconttnuance, closure and
abandonment of the following streets
Wagner Street Begtnntng at the southern boundary of Bonney Road and
running tn a southerly d~rectton a &.stance of 1096 feet more or less to
the northern boundary of the V~rgmta Beach-Norfolk Expressway
First Street Beginning at the western boundary of Avenue E and running
tn a westerly dtrect~on a &vtance of 349 78 feet
Avenue E The western 25 O1 feet, begmmng at a point 200 feet south of
Ftrst Street and rumttng ~n a .southerly dtrectton a dtstance of 214 67feet
to the northern boundary of the Vtrgmta Beach-Norfi~lk Expressway
L YNNHA VF, N BOROUGIt
Voting. 9-0 (By ConsenO
Counctl Members Vottng Aye
John A Baum, Lmwood 0 Branch, III, Robert K Dean, tlaroM
Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E
Oberndorf Nancy K Parker and Loud.sa M Strayhorn
Council Members Voting Nay
Nolte
Council Members Abstaimng.
Vice Mayor Wilham D Sessoms, Jr
Council Members Absent
Wilham W Itarrison, Jr.
Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2 1-639 14(G) of the Code of
V~rgmia, he is an officer of Central Ftdehty Bank earning tn excess of $10,000 O0 annually. Central
Fidelity Bank has outstanding loans with one of the property owners, Contractors Paving, Inc Central
Ftdelity Bank also has a deed of trust on adjoining property to the .streets which are the subject of the
petttion. Vice Mayor Sessoms' letter of April 12, 1994, l.S hereby made a part of the record.
April 25, 1995
- 28 -
Item V-L. 6.
PUBLIC HEARING
ITEM # 39090
PLANNING
Mary Stmpktns, Prestdent of W. A. &mpkms and Associates, represented the apphcant
Gerry Mott, 3404 Litchfield Rod, Phone 463-0116, represented the apphcant
Upon motton by Vtce Mayor Sessoms, secomted by Counctlman Dean, Ctty Counctl DENIED the
Application of JOHN CLARDY, M.D. fi)r a Variance to Sect.m 4 4 (d) of the Subdtvtsion Ordinance
which requtres all lots' have direct access to a pubhc street at 3424 Litchfield Road.
Appeal from Dectsions of Admtmstrattve Officers tn regard to certain
elements of the Subdivtston Ordma.ce. .~ubdtvtston for John Clardy, MD.
Property is located at 3424 Litchfield Road LYNNHA VEN BOROUGH
Voting 9-1
Council Members Voting Aye
John A Baum, Ltnwood 0 Bra~tch, III, Robert K~ Dean, , Itarold
tletschober, Barbara M. tlenley, Louts R Jone& Mayor Meyera E.
Oberndorf, Nancy K Parker and V~ce Mayor Wilham D Sessoms, Jr.
Counctl Members Voting Nay.
Louisa M Strayhorn
Council Members Absent
Wtlham W Harrtson, Jr
Aprzl 25, 1995
- 29 -
PUBLIC HEARING
ITEM # 39091
PLANNING
Robert Snowden, 5504 Parliament Drive, Phone' 497-7925, represented the apphcant
Upon motion by Counctl Lady Strayhorn, seconded by Councd Lady Parker, City Councd APPROVED
the Apphcation of THOMAS E. FLEMING for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requtres all newly created lots meet all requirements of the Comprehensive Zon#~g Ordinance at
5504 Parhament Drtve
Appeal from Decisions of Admtmstrattve Officers tn regard to certain
elements of the subdtvtston Ordinance, Subd~vtston for Thomas E
Fleming. property ts located at 5504 Parhament Drtve KEMPSVILLE
BOROUGH.
Votm g : 10-0
Council Members Voting Aye.
John A. Baum, Lmwood 0 Branch, III, Robert K Dean, , HaroM
Hetschober, Barbara M tlenley, Louts R Jone& Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and
Louisa M Strayhorn
Council Members' Voting Nay
None
Council Members' Absent'
Wdham W ttarrtson, Jr
April 25, 1995
- 30 -
Item V-L. 8
PUBLIC HEARING
ITEM # 39092
PLANNING
Bruce W. Gallup, 315 First Colomal Road, Phone 428-8152, represented the apphcant
Upon morton by Counctlman Dean, seconded by Councdman Branch, City Council APPROVED, AS
CONDITIONED, the Apphcatton of BARBARA GRAY for Vartances to the Sub&vtston Or&nance re
property at 2749 W Landing Road, containing 1 46 acres (PRINC£SS ANNE BOROUGH).
Sectton 4 4(b) which requtres all newly created lots meet all requirements
of the Comprehensive Zoning Ordinance
Section 4.4(d) which requires all lot~' have threct access to a public
street
Appeal from Decistons of Administrative Offices tn regard to certatn
elements of the Subdtvtston Or&nance, Subdtvtston fi~r Barbara Gray.
property is' located at 2749 West Landing Road PRINCESS ANNE
BOROUGtl.
The followtng condittons shall be reqmred
1 Only one single family dwelhng .shall remain on each of the
proposed lots'
2 All ad&ttonal nonconformtng travel traders and hvable
structures shall be removed
3 All above referenced nonconforming structures must be
removed prtor to final subd~vt s~on approval
Voting. 10-0
Counctl Members Voting Aye
John A Baum, Lmwood 0 Branch, III, Robert K Dean, Harold
Itetschober, Barbara M Itenley, Lou~s R Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and
Loutsa M Strayhorn
Council Members Voting Nay
Not t e
Council Members' Absent
Wilham W. Harrison, Jr
April 25, 1995
- 31 -
Item V-L. 9.
PUBLIC HEARING
ITEM tt 39093
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council DEFERRED
UNTIL MAY 9, 1995 the Apphcatton of ST. JOHN'S BAPTIST CHURCH for a Condittonal Use Permtt
for a church (expanston)
ORDINANCE UPON APPLICAYION OF ST JOHN'S BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
(£'XPAN3YON)
Ordtttattce upon apphcattott of ,~t Jo/~n's Bapttst Church for a
Condtttonal Use Permtt for a church (expansion) on the east side of
Holland Road, 50 feet more or less ~torth of t'rmce.~s Amte Road Said
parcel ts located at 2356 tlolla~td Road and contains 502 acres
PRINCESS ANNE BOROUGII
Vottng.
10-0 (By ConsenO
Counctl Members Voting Aye
John A. Baum, Lmwood 0 Bra.ch, III, Robert K Dean, HaroM
Hetschober, Barbara M. Ilenley, Louts R Jone& Mayor Meyera E
Oberndorf, Nancy K Parker, V~ce Mayor Wtlham D Sessoms, Jr and
Louisa M Strayhorn
Council Members Voting Nay
Non e
Council Members' Absent
Wdliam W. Harrtson, Jr
Aprtl 25, 1995
- 32 -
Item V-L. IO.
PUBLIC HEARING
ITEM # 39094
PLANNING
Fred V. Watlans, 612 Cambria Court, Phone. 497-6860, represented the applicant and advised this
application is located on the Hartley property
Upon motion by Counctlman Dean, seconded b), Vtce Mayor Sessoms, City Council ADOPTED an
Or&nance upon apphcatton of CHURCH OF THE REDEEMER, Pas'tot Wally Odum, for a Conditional
Use Permtt
ORDINANCE UPON APPLICATION OF TIlE CtlURCH OF TIlE
REDEEM£R, PASTOR WALLY ODUM, FOR A CONDIIYONAL USE
PERMIT R04951953
BE IT HEREBY ORDAINED BY TIlE COUNCIL OF TIlE CI~ OF VIRGINIA BEACIt, VIRGINIA
Ordinance upon apphcatton of Church of the Redeemer, Pastor Wally
Odum, for a Condtttonal Use Permit fi~r a church on certatn proeprty
located on the southwest stde of Seaboard Road beginning at a point 920
feet more or les southeast of Bernadotte Street Said parcel contams 31
acres more or less PRINCESS ANNE BOROUGIt
The following condttion s'hall be required
Thts approval ts for "l'hase I" t( the project only, as outhned
tit the submttted plan ?he first phaYe will include a sanctuary
with a seating capactty of 750, claw rooms, admottstrattve
offices, kttchen a~td 330 parking .spaces
2 Only one entrance from Seaboard Road will be allowed
3 There wtll be no parking ~paccs facing Seaboard Road
The row of parking between the church and Seaboard Road wtll
be eliminated and replaced with a grassed and landscaped
area
The applicant has volunteered to meet with the Design Advtsory
Group prior to detailed site plan revtew to discuss the
aesthetics of the proposed structure
Noise attenuation measures are requtred m the co~tstructlon of
the church Acousttcal treatments fi;r roof/celhng/extertor walls
of 39 STC and doors~windows of 25 STC are required
7 Rtght and left turn lanes are requtred
No acttvtttes wtll be scheduled that wouM generate traffic
during the ttme school bus'e~ are coming and gol.g to Princess
Anne Middle School
Thts Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordtnance
Adopted by the Council of the Ctty of Vtrgmta Beach, Virginia, on the Twenty-ftfth of April, Nineteen
Hundred and Ninety-Five.
April 25, 1995
- 33 -
Item V-L. IO.
PUBLIC HEARING
ITEM # 39094 (Continued)
PLANNING
Voting I0-0
Council Members' Vottng Aye
John A Baum, Ltnwood 0 Bra~tch, III, Robert K Dean, HaroM
tletschober, Barbara M tlenley, Louts R. Jcmes, Mayor Meyera E
Oberndorf, Nattcy K l'arker, Vtce Mayor Wtlham D Sessoms, Jr and
Louisa M Strayhorn
Council Members Voting Nay'
Nolte
Counctl Members Absent'
Wilham W. tlarrtson, Jr
Aprtl 25, 1995
- 34 -
Item V-L 11.
PUBLIC HEARING
ITEM # 39095
PLANNING
Ben Sorey, 704 Carmel Street, Phone 721-5910
Upon motion by Councilman Dean, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an
Ordinance upon apphcatton of BEN SOREY AUTO RACING & REPAIR, INC., for a Condittonal Use
Permit.
ORDINANCE UPON APPI. ICA170N OF BEN SOREY AUTO RACING
& REPAIR INC, FOR A CONI)ITIONAL US'E PERMIT R04951954
BE IT HEREBY ORDAINED BY THE COUNCIL OF 77IE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Be. Sorey Auto Racing &Repatr Inc, for
a Conditional Use Permtt for the storage or processing of salvage, scrap
or junk on the est stde of &rotc Drive begtmtmg at a point 432 43 feet
southeast of London Brtdge Road Satd parcel ts located at 2724 Sonic
Drive and contabts 2 9 acres, t'RINC~SS ANNE BOROUGH
The followmg condttlons shall be reqmred
The apphcant will petltum the Board of Zoning Appeals for a
variance to the Category VI screemng reqmrement. If the
petition ts not approved, the requtred Category VI ¥creenmg
must be installed
The applicant shall remove all discarded and unusable tires,
auto parts, etc from the stte prior to City Counctl pubhc
hearing
o
Only salvageable/usable vehtcles and parts shall be stored on
the stte. These vehtcles and parts catt only be stored wit/mi the
budding.
Thts Ordinance shall be effective m accordance with Sectton 107 09 of the Zontng Ordinance.
Adopted by the Council of the City of Vtrg#tla Beach, Vtrgmta, ott the Twen~. -fifth of April, Nineteen
Hundred and NmeW-Ftve
April 25, 1995
- 35 -
Item V-L. 11.
PUBLIC HEARING
ITEM # 39095 (Continued)
PLANNING
Voting. 10-0
Council Members Voting .~lye
John A. Baum, Lmwood 0 Branch, III, Robert K Dean, ttaroM
tleischober, Barbara M Itcnlcy, Louis R. Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, .Ir. and
Louisa M Strayhorn
Council Members Voting Nay
Non e
Council Members Absent'
William W. tlarrtson, Jr
April 25, 1995
- 36 -
Item V-L. 12.
PUBLIC HEARING
ITEM # 39096
PLANNING
Eric Markowskt, CEGG, 4425 Corporatton Lane, Phone' 499-4562, agent for the applicant
Stuart Williams also represented the apphcant
Upon moaon by Councdman Jones, seconded by Councd Lady tlenley, Ctty Council DENIED the
Appltcatton of QUICK 10 CORPORATION for a Condtttonal Use l'ermtt for an automotive service
facility:
ORDINANCE UPON AI'I'I, ICAIION OF QUICK 10 CORPORATION
FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOTIVE SERVICE
FA CILII¥
Ordinance upon applicatton of Qutck 10 Corporatton for a Condiaonal
Use Permtt for an automotive servtce facdity on the south stde of Virtgnia
Beach Boulevard, begmmng at a point 195 feet est of Sdverbrook lane.
Satd parcel contains 1 587 acres BAYSII)E BOROUGH
Voting 10-0
Council Members' Voting Aye
John A Baum, Lmwood 0 Branch, III, Robert K. Dean, Harold
Hetschober, Barbara M. tlenley, Louts R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr. and
Lomsa M Strayhorn
Council Members Voting Nay.
Nolte
Council Members Absent
Wilham W Harrtson, Jr
Aprtl 25, 1995
- 37 -
Item Y-N,l.a.
NEW BUSINESS
ITEM # 39097
COUNCIL-SPONSORED ITEM
The following spoke in SUPPORT of the Ordinance:
Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the Ocean Park
residents
Dr. James Berger, 3652 Sea Gull Bluff, Phone: 460-4849
Judith 14. Connors, 3958 Whispering oaks Place, Phone: 464-3640
Bill Hardaway, 3658 Seagull Bluff Drive
Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED:
Ordinance to establish Ocean Park Beach Sand Replenishment Project
#2-998; and, to TRANSFER $400,000 from Citywide Sand
Replenishment Project #2-077 to Ocean Park Beach Sand Replemshment
#2-998. (Sponsored by Councilman Louis R. Jones)
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor
William D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Robert I~ Dean and Nancy I~ Parker
Council Members Absent:
William W. Harrison, Jr.
This item was MOVED FORWARD prior to the PLANNING AGENDA.
April 25, 1995
REQUESTED BY. COUNCILMEMBER JONES
AN ORDINANCE TO ESTABLISH OCEAN PARK BEACH
SAND REPLENISHMENT PROJECT #2-998, AND TO TRANSFER
$400,000 FROM CITYWIDE SAND REPLENISHMENT PROJECT
#2-077 TO OCEAN PARK BEACH SAND REPLENISHMENT #2-998
WHEREAS, the last replenishment of sand on Ocean Park Beach was in 1991,
WHEREAS, the next scheduled replenishment of sand on Ocean Park Beach will not
occur until the Spring of 1997, as a component of the Lynnhaven Inlet Maintenance Dredging
Project #2-014,
9
WHEREAS, due to the effects of erosion on Ocean Park Beach since 1991, there is an
immediate need for sand replenishment this Spring,
11
WHEREAS, the estimated cost of such sand replenishment is $400,000, and
12
13
WHEREAS, there is $400,000 available from Citywide Sand Replenishment Project
#2-077, which will not be needed during FY 1995-96, but will need restoring by FY 1996-97,
14
15
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that there be established in the capital improvement program
Ocean Park Beach Sand Replenishment Project #2-998,
17
18
BE IT FURTHER ORDAINED that $400,000 be transferred from Citywide Sand
Replenishment Project #2-077 to Ocean Park Beach Sand Replenishment Project #2-998
19
This ordinance shall be in effect from the date of its adoption
20
21
Adopted the 25 day of Aprxl
Beach, Virginia.
,1995, by the Council of the City of Virginia
APPROVED AS TO CONTENT
Department of Management and Budget
F k~VYJ~COUNCIL~OCF. ANPRK ORD
- 38 -
Item V-N.I.b.
NEW BUSINESS
ADD -ON
ITEM # 39098
Mayor Oberndorf advised the City's Search and Rescue team will be returning from Oklahoma City
tomorrow afternoon, March 26, 1995, at 4 O0 P.M
Mayor Oberndorf expressed appreciatton for their unselfish endeavors under very dtfficult conditions. They
deserve accolades on a "Job Well Done" under some very adverse circumstances
April 25, 1995
- 39 -
Item V-O 1.
RECESS INTO EXECUTIVE SESSION ITEM # 39099
Mayor Meyera E. Obentdorf entertained a moaon to permzt C~ty Councd to conduct its EXECUTIVE
SESSION, pursuant to Section 2 1-344, Code of V~rgbua, as amended, for the following purpose'
LEGAL MATTERS Consultatum w~th legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
httgaaon, or other spec~ftc legal matters requesting the provtsion of legal
advice by counsel pursuant to Section 2 1-344(..t)(7)
To- W~t Lake Gaston
Upon moaon by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Councd voted to proceed
into EXECUTIVE SESSION.
Voting 10-0
Councd Members Votutg Aye
John A. Baum, Lmwood 0 Branch, III, Robert K Dean, ttaroM
tleischober, Barbara M ttenley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, Jr and
Loutsa M Strayhorn
Councd Members Voting Nay.
No l I e
Council Members Absent
Wilham W. tlarnson, Jr
April 25, 1995
- 40 -
ITEM # 39100
Mayor Oberndorf RECONVENED the FORMAL SESSION of &e VIRGINIA BEACH CITY COUNCIL
in the Counctl Chamber, Ctty Hall Buil&ng, on Tuesday, April 25, 1995, at 10 22 PM
Council Members Present
John A Baum, Ltnwood 0 Branch, III, Robert K Dean, HaroM
Hetschober, Barbara M Itenley, Louts R Jones, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and
Lomsa M. Strayhorn
Counctl Members Absent
Wtlham W Harrtson, Jr
ITEM # 39100a
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Counctl CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc business matters lawfully exempted from Open Meetmg
reqmrements by V~rg#tta law were &scussed m Executive Sesston to
whtch this certtficatton resolutton apphes,
Only such pubhc business matters as were tdenttfted m the motton
convening the Executtve Sesston were heard, thscussed or conszdered by
Virgmta Beach City Council
Vottng 10-0
Council Members' Voting Aye.
John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM
Hetschober, Barbara M. tlenley, Lou~s R Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vtce Mayor W~lham D Sessoms, Jr and
Louisa M Strayhorn
Council Members Vottng Nay.
Non e
Council Members' Absent
Wtlham W Harrison, Jr
April 25, 1995
Beso u ton
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 # 39099, Page No 39, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2 1-344 of the Code of Vlrgnua requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrg~ma 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 Vlrg~ma 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
Ruth Hodges Smith, CMC/AAE
City Clerk
April 25, 1995
- 41 -
ADJOURNMENT
ITEM tt 39101
Mayor Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 4 35 P M
Beverly 0 Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smtth, CMC/AAE
Ctty Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virgtnia
April 25, 1995