HomeMy WebLinkAboutMAY 23, 1995 MINUTESADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the AGENDA REVIEW and considered
in the ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTION/ORDINANCES
Ordinance to AMEND and REORDAIN Section 2-224.11 of the Code
of the City of Virginia Beach re Minority Business Council.
Ordinance to AMEND and REORDAIN Chapter 23 of the Code of the
City of Virginia Beach by ADDING a new Section 23-44.2 re
placement of unrequested materials on residential property.
Resolution to request the Virginia Department of
Transportation (VBOT) establish a project for the improvement
of the Norfolk Southern Rail-Kellam Road Grade Crossing; to
use urban allocation for the required 10% match; to pay /ts
share of the preliminary engineering, right-of-way and
construction.
Se
Ordinance to authorize the City Manager to execute a farming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE BOROUGH).
Ordinances re Department of Public Works/Waste Management:
a. AMEND and REORDAIN Section 31-61 of the Code of the City
of Virginia Beach re fees at refuse disposal areas.
b. Increase tipping fees being charged by the Southeastern
Public Service Authority (SPSA):
AND,
c.
(1)
(2)
(3)
APPROPRIATE $2,069,250
Operating Budget
to the FY 1995-1996
APPROPRIATE $836,800 to the FY 1994-1995 Operating
Budget
TRANSFER $27,200 to the FY 1994-1995 Operating
Budget from the General Fund Reserve for
Contingencies.
Re funding the extension of commercial waste management
services to the Resort Area:
(1) APPROPRIATE $184,237 to the FY 1994-1995 Operating
Budget.
Ordinance to APPROPRIATE $1,100,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 1994-1995
Operating Budget in support of the FEMA Urban Search and
Rescue Team, Virginia Task Force Number 2, re personnel costs,
equipment and supplies used in support of the Team's
activities in the aftermath of the Oklahoma City Bombing.
Ordinance to APPROPRIATE $24,000 from the DEA Seized Property
Special Revenue Fund balance to their FY 1994-1995 Operating
Budget re purchase of a hazardous incident robot.
Ordinance to APPROPRIATE $7,170 from the Library Gift Fund to
the Virginia Beach Public Library's FY 1994-1995 Operating
Budget re purchase of books, descriptive videos and mailing
cases.
Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of West Neck Parkway to Courthouse Estate
Associates re construction and maintenance of an existing and
proposed white rail vinyl fence.
10.
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
Tom's Limo Service
11. Ordinance to authorize tax refunds in the amount of $4,229.76.
J. PUBLIC HEARING - PLANNING
7:00 PM
1. PLANNING BY CONSENT - To be determined during the AGENDA REVIEW
0
Application of S. A. S. ASSOCIATES for the conversion of a
nonconforming use at the Northeast corner of Atlantic Avenue
and Laskin Road, containing 18,750 square feet, to allow an
indoor recreational facility (pinball, video arcade and
various other activities) (VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
Application of VICTOR M. WEST for the enlargement of a
nonconfor~ing use at 4100 Charity Neck Road, containing
24,040.76 square feet re addition of second story (storage and
living quarters) to existing structure (PUNGO BOROUGH).
Recommendation:
DEFERRAL
Application of LOTUS CREEK ASSOCIATES, L.P. for a ~
to Section 4.4(d) of the Subdivision Ordinance which requires
all newly created lots have direct access to a public street
at 2700 Atwoodtown Road, (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of FIRST CHINESE BAPTIST CHURCH for a ~
~ for a church parking lot on the Northeast side of
Pritchard Road, Northwest of South Lynnhaven Road, on Lot 13
and a portion of Lot 12, Block S, Booker Washington Park,
containing 14,197.6 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
Application of ~MERI-CASH CAR & TRUCK RENTAL, INC., for a
Conditional Use Permit for motor vehicle sales & rental and an
automated indoor carwash on the South side of Virginia Beach
Boulevard on Lots 3, 4 and 5, Block 36, Euclid Place (4935
Virginia Beach Boulevard), containing 7500 square feet
(BAYSIDE BOROUGH).
Recommendation:
APPROVAL
Application of STERLING W. and BONNIE J. THICKER for the
modification of proffers placed on the January 8, 1991,
application for a Conditional Change of Zoning from AG-2
Agricultural District to B-2 Community Business DistriGt at
3756 Indian River Road (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
Application of DEVELOPMENT OPTIONS, INC.,
Changes of Zoning District Classification
business District (KEMPSVILLE BOROUGH):
for ~
to -~
from R-5D Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
from I-1 Light Industrial DistriGt on the Southwest side
of Princess Anne Road beginning at a point 290 feet more
or less Northwest of Lynnhaven Parkway (4233 Princess
Anne Road), containing 23.44 acres
Recommendation:
APPROVAL
e
Application of D. MURRAY MALBON for a Change of ZoninG
District Classificatiog from A-12 Apartment District to R-5S
Single Family District on the South side of Carver Avenue
beginning at a point 307.2 feet West of Birdneck Road,
containing 11,252 square feet (LYNNHAVEN BOROUGH).
Deferred: March 14 1995
Recommendation:
APPROVAL
10.
Application of ANCHORAGE FARMS, L.L.C., for a~l~~}~[~
District Classification from R-30 Residential District to E_~
Residential District on the East side of Little Neck Road
beginning at a point 269.14 feet South of Newcastle Road,
containing 6.3572 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
11.
Application of JOSEPH W. GODWIN, JR., for a ~ to
the Green Run Planned Unit Development Land Use Plan to allow
an automotive service establishment on the North side of
Lynnhaven Parkway, 190 feet East of Primrose Lane
(1341Lynnhaven Parkway), containing 35,675.64 square feet
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
12.
Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation and Replacement
Ordinance re residential and street trees and bonding
requirements
Recommendation: APPROVAL
K. APPOINTMENTS
ARTS AND HUMANITIES CO~4ISSION
COIG - REVIEW AND ALLOCATION COMMITTEE
EROSION COMMISSION
MINORITY BUSINESS COUNCIL
RAAC - RESORT AREA ADVISORY COMMISSION
VML - VIRGINIA MUNICIPAL LEAGUE 1995 Policy Committees
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
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)
054/18/95CMD
AGENDA\05-23-95.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach Virgim~
May 23, 199.5
Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City llall Building, on Tuesday, May 23,
1995, at 3:14 P.M..
Council Members' Present:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison, Jr., Barbara M. ltenley, Harold Heischober, Louis' R. Jones,
May(w Meyera 1'20berndorf, Nancy K~ t'arker. Vice Mayor William D.
Sessoms, .Ir and Louisa M. Strayhorn
Council Members Absent:
-2-
4GENDA REVIEW SESSION
3:14 P.M.
ITEM # 39208
Council Lady Henley referenced:
L1.
Ordinance to AMEND and REORD~IN Section 2-224.11 of
the Code of the Cdy of Virginia Beach re Minority Business
Council.
Council Lady Henley had requested this' Ordinance be prepared to track the State Procurement Act
Council Lady Henley quoted a portion of this Act: "All public bodies' shall establish programs consistent
with all provisions of this Chapter to facilitate participation of small businesses and businesses owned
by women and minorities in procurement transactions..."
Council Lady Strayhorn advised she conferred with Patti t'hillips, Director of Finance, and advised the
City is in compliance. Council Lady Strayhorn had been willing to include "women" within the ordinance,
as this was a problem that needed to be identified and tracked rnore closely as well as doing more than
what was presently being done. Council Lady Strayhorn had prepared another ordinance including this'
verbiagoA and wouM be happy to have that as a compromise ~ls far as small businesses, the City has
always been in compliance.
Assistant City Attorney Randall Blow advised the City is not required to have a Minority Business
Council; however, if the Council chooses to have a Minority Council, the City Council can define the
perimeters of the concerns City Council will address. The State regulations do address small businesses,
minority owned businesses and women in business. The CiO' Council has latitude to determine the charge
of the Minority Business' Council
ITEM # 39209
Mayor Oberndorfreferenced
L2. Ordinance to Aa~IEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach by ADDING a new Section
23-44.2 re placement of unrequested materials on residential
property~
Councilman Dean inquired relative enforcement. Mayor Oberndorf advised the Ordinance was requested
as handbills or similar materials' placed on private property are a nuisance to some property owners' and,
if permitted to accumulate, are not only unsightly, but may also signal potential burglars and vandals that
the occupants of the property are away. Assistant City Attorney Randy Blow advised this will be
enforceable by the Police. The posting of a "No Solicitation" sign will advise the occupant does not
desire advertising matter on his property. The public will be advised. The Ordinance will be AMENDED
and not be effectiw, until August 1, 1995.
May 23, 199.5
-3
AGENDA REVIEW SESSION
3:14 P.M.
ITEM # 39210
Councilman Dean inquired relative.
1.4. Ordinance to authorize the City Manager to execute a farming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE
BOROU(;II~
Councilman Dean advised the fee of $20.00 per acre is a very gotM deal for Mr. Sawyer. Jim Lawson,
Real Estate, advised this parcel is' basically landlocked. Funds would have to be expended for pipes,
ditches and access roads to this property. This' Ordinance will enable the property to be under cultivation
for one year. Under existing Federal Regulations, land that i6' not cultivated over a continuous period of
time may revert to wetlands. This could possibly jeopardize the City ~' abih'ty for future development of
the property. This City Staff will bring this back within a .year.
ITEM # 39211
Councilman Dean requested a Briefing by City Staff relative
1.5. Ordinances re Department of Public Works/Waste Management:
a.AMEND and REORDA1N Section 31-61 of the Code o£ the
City of Virginia Beach re fees at refuse disposal areas.
b. Increase tipping fees' being charged by the .C~utheastern Public Service Authority
(SPSA):
(1). APPROPRIATE $2,069,250 to the FY 1995-1996 Operating Budget
(2). APPROPRIATE $836,800 to the FY 1994 ~1995 Operating Budget
(3) TRANSFER $27,200 to the lq~ 1994-1095 Operating Budget from the General
Fund Reservr for Contingencie~.
Councilman Dean did not undvrstand the increase in tipping fees by 79%.
ITEM # 39212
Councilman Dean referenced:
L7.
Ordinance to APPROPRIATE $24,000 from the DEA Seized
Property Special Revenue Fund balance to their FY1994-1995
Operating Budget re purchase of a hazardous incident robot.
Councilman Dean had informed the City Manager that Fort Story also had a very large, sophisticated
robot that they utilize in their Explosives Disposal Unit. The City Manager advised Fort Story has been
reluctant to allow the City to utilize this robot unless the City has personnel trained in this particular
piece of equipment. This robot ts not always itt operation. It is not always in a "charge" condition. The
robot the City is procuring is multi-purpose and can be utilized by the SWAT team for hostage situations.
It is more than just an explosives unit
May 23, 1995
AGENDA REVIEW SESSION
ITEM # 39213
BY CONSENSUS of City Council. the following items' shall compose the CONSENT AGENDA:
RESOLUTION/ORDINANCES
L2. Ordinance to AMEND and REORDAIN Chapter 23 of the
(?ode of the City of I, qrginia Beach by ADDING a new Section
23-44.2 re placement of unrequested materials on residential
property
L3. Resolution to request the virginia Department of Transp°rtati°n
(VDOT) establish a project for the improvement of the Norfolk
Southern Rail-Kellam Road Grade Crossing; to use urban
allocation for the required 10% match; to pay its' share of the
preliminary engineering, right-of-way and construction.
1.4.
Ordinance to authorize the City Manager to execute alarming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE
BOROU(;II)
1.5. Ordinance re Department of Public Works/Waste Management:
(c) Re funding the extension of commercial waste management
services tr, the Resort Area:
APPROPRIATE $184,237 to the FY 1994-1995 Operating Budget.
1.6.
Ordinance to APPROPRIATE $1,100,000 from the Federal
Emergeno Management AgenO~ (FEMA) to the Fire
Department's FY 1994-1995 Operating Budget in support of
the FEM/I Urban Search and Rescue learn, Virginia Task
Force Yumber 2, re personnel costs, equtpment and supplies
used in support of the Team's activities in the aftermath of the
Oklahoma City Bombing.
1.7 Ordinance to APPROPRIATE $24,000 from the DEM Seized
Property Special Revenue Fund balance m their FY 1994-1995
Operating Budget re purchase of a hazardous incident robot.
1.8. Ordinance to APPROPRIATE $Z170 from the Library (;iff
Fund to thc Virginia Beach Public Library's FY 1994-1995
Operating Budget re purchase of books, descriptive videos and
mailing cases
1.9.
Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of West Neck Parkway to
Courthouse Estate Associates re construction and maintenance
of an existing and proposed white rail vinyl .fence.
LIO. CERTIFIC4TES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yacht,,
Tom'~ I,~mt.,, Service
1. ll. Ordinam c to authorize tax refunds in the amount of $4,229.76.
May 23, 1995
-5-
AGENDA REVIEW SESSION
ITEM # 39214
Council Lady Henley' inquired relative the care of the animals utilized in the Petting Zoo and pony rides.
J. 2. Application of S. A. S. ASSOCIATES for the conversion of a
nonconforming use at the Northeast corner of Atlantic Avenue
and LasMn Road, containing 18, 750 square feet, to allow an
indoor recreational facility (pinball, video arcade and various
other activities) (VIRG[NL4 BEACH BOROUGH).
This item will be pulled for City Staff to respond to concerns
ITEM # 39215
Council Lady Henley advised this application will be DEFERRED, but she does have concerns relative
an additional nonconforming use
J. 3. Application of VICTOR M. WEST for the enlargement of a
nonconforming use at 4100 Charity Neck Road, containing
24,040. 76 square feet re addition of second story (storage and
living quarters) to existing structure (PUNGO BOROUGII).
ITEM # 39216
Councilman Dean expressed concerns relative the fencing
J. 5 Application of FIRST CHINESE BAPTIST CHURCH for a
o 'ional r ' for a church parking lot on the
Northeast side of Pritchard Road, Northwest of South
l, ynnhaven Road, on Lot 13 and a t~rtion of Lot 12, Block S,
Booker Washington Park, containing /4.197.6 square feet
(LYNNIIAVEN BOROUGH).
ITEM # 39217
Councilman Dean expressed concerns relative landscaping.
J.O. Application of AMERI-CASH CAR & TRUCK RENTAL,
INC., for a Co i 'o l s e mit for ~otor vehicle sales &
rental and an o i d r ca h on the South side of
Virginia Beach Boulevard on Lots' 3, 4 and .5', Block 36, Euclid
Place (4935 Virginia Beach Boulevard), containing 7.500
square feet (RAYSIDE BOROUGII)
ITEM # 39218
Councilman Jones advised there was OPPOSITION to thi,~ application.
J. 7. Application of STERLING W. and BONNIE J. THACKER for
the modification of proffers placed on the January 8, 1991,
application for a Conditional Chanee Qf Zoning from ~G-~
Agricultural District to B-2 Community Business District at
3756 Indian River Road (I(,EMPSVII.LE BOROUGtt!
May 23. 1995
-6-
AGENDA REVIEW SESSION
ITEM # 39219
Council Lady Strayhorn advised this application will be DEFERRED until the City Council Session of
June Thirteenth.
J.&
Application of DEVELOPMENT OPTIONS, INC., for
Conditional Changes o_f Zoning District Classification to
Community business District (KEMPSVIId, F BOROUGtl):
from R-5D Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and l'r~ncess Anne Road.
containing 2030 acres
from I-1 Lieht Industrial District on the Southwest side of
Princess Anne Road beginning at a point 290 feet more or less
Northwest of Lynnhaven Parkway (4233 Princess Anne Road),
containing 2344 acres.
Mayor Oberndorf expressed . oncerns relative access from Princess Anne Road.
ITEM # 39220
Councilman Dean reiterated concerns relative landscaping.
J. 1L Application of JOSEPH W. GODWIN, JR., for a Mod(fication to
the Green Run Planned Unit Development Land Use Plan to
allow an automotive service establishment on the North side of
Lynnhaven Parkway, 190 feet East of Primrose Lane
(1341 Lynnhaven Parkway), containing 35~675.64 square feet
(PRINCESS ANNE BOROUGH)
Councilman Branch suggested thc Landscape Ordinance should he AMENDED.
ITEM# 39221
Mayor Oberndorf referenced correspondence from Mrs. Reba S. McClanan expressing concerns and
requesting a disclaimer of her involvement in the formulation of this' Ordinance.
,~12. Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation and Replacement
Ordinance re residential and street trees and bonding
requirements
Council Lady Parker said knowing the sensitivity of this' particular issue, the circulation list of those
involved in this issue was very broad and efforts' were made not to exclude anyone. An attempt was' made
to incorporate all concerns bm~ the Ordinance.
May 23, 1995
-7-
AGENDA REVIEW YE$SION
ITEM # 39222
BY CONSENSUS of City Council, the following item,~' shall corals>se the PLANNING BY CONSENT
AGENDA:
PLANNING
Application of LOTUS CREEK A~SOCIATES, L.P. for a
Variance to Section 4.4(d) of the Subdivision Ordinance which
requires' all newly created lots' have direct access to a public
street at 27(X1 Atwoodtown Road, (PRINCESS ANNE
BOROUGII}.
Application of AMERI-CASH CAR & TRUCK RENTAL,
INC., for a 'on itl s it for INQWr vehicle sales &
rental and an automated indoor carwash on the South side of
Virginia Beach Boulevard on lots 3, 4 and 5, Block 36, Euclid
Place (4935 Virginia Beach Boulevard). containing 7500
~quare feet (BAYS1DE BOROUGII).
Application of DEVELOPMENT OPTIONS, INC., for
Conditional Chances o_f Zoning District Classification to
Communi~, ._business District_ (KEMPSVILLb; BOROUGIt):
a. from [{-5i) Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
b. from 1-] Light Industrial District on thc Southwest side of
Princess Anne Road beginning at a point 290feet more or less
Northwest of Lynnhaven Parkway (423 ~ Princess Anne Road),
containing 2(44 acres
Application olD. MURRAY MALBON for a Change o£ Zoning
District Classification from A-12 Apartment District to _R.-SS
Single Fami(v District on the ,Kouth side of Carver Avenue
beginning at a point 30Z2 feet West of Birdneck Road.
containing 11,252 square feet (LYNNHAV~N BOROUGIt).
J. lO Application of ANCHORAGE FARMS, L.L.C., for a Change
Zoning District Class(fication from R-;JO Residential District
to R-20 Residential District on the East side of Little Neck
Road beginning at a point 269.14 feet ~uth of Newcastle
Road, containing 6.3572 acres (I~YNNIIAVEN BOROU(;tt).
o~
May 23, 1995
-8-
CITY COUNCIL CON( ERNS
4:10 P~M.
ITEM # 39223
Councilman Dean advised requests, from the Lake Placid s~bdivtsion to have the City Manager remove
all the Southeastern Expressway signs. The City Manager advised a briefing has been SCHEDULED
during a City Council Session in June. If City Council wishes the signs removed now, the staff will
certainly accommodate them. Councilman Dean said he would advise the residents relative the Briefing.
ITEM # 39224
Councilman Dean referenced RECONSIDERATION OF CONDITION to the March 26, 1990, Approved
Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use Permit for a borrow
~ for SANIFILL, INC. Robert J. Scott, Director of Planning, advised one of the conditions was the fill
must be inert material only. The SANIFILL group is involved in disposing of construction debris' which
technically is not inert. Therefore. they are requesting the deletion of that one word from the variou~'
conditions placed on the previot~,, approval
Councilman Dean suggested with the demise of the landfills, the life of this landfill be extended as k~ng
as possible. With any of that asphalt or concrete being delivered, the requirement should be enforced for
a rock crusher to be on hand and all of the material sent out to City or private projects as a base for
highways. With any other large piles of concrete stockpiled throughout the City, the City Staff and the
Economic Development Authority should consider bringing in a couple of rock crushers to the Lake Ridge
site and then, after the initial pilings are dug and the soil stabilized, all of the concrete be crushed to
enable this material to be the base for the berm and then cap the top with dirt. Robert Scott, Director of
Planning, advised this' item is' being brought back to City Council in order for concerns to be expressed,
Mayor Oberndorf advised Mr. Reid of Cellar Door has assured the City he is investigating using recycled
asphalt for the par]a'ng lots' of the amphitheater. Mr. Reid also advised that apparently concrete does not
settle uniformly. Concrete expands and contracts according to the weather. Mr. Reid will have to confer
with engineers to determine if the settling of soil would be abettet berm and buffer to contain the sounds'
of the concert.
Ralph Smith, Director of Public Work& advised for several years' the City recycled asphalt as part of the
paving process. This saves nu*ney and gives better road beds. Processing reinforced concrete becomes a
very expensive item. The operation of the crushers on that type of material is' a major undertaking with
its own environmental problems It is typically not effective unles., massive fill is' involved. However, the
City staff will investigate.
Council Lady Strayhorn advised she had attended the Public Hearings relative Sanifill, Inc., hem by the
Lake Edward and Lake Jame3 ('ommunity as they wouM be directly impacted
Councilman Harrison advised the contract is' being awarded th~s week for the earth movement of the
amphitheater. Councilman tlarrison did not believe the fill material could be redesigned for the berm.
Councilman Baum advised concrete does not settle evenly and ts an unpredictable base.
Council Lady Parker said a rock crusher was utilized ~m the Brown property, on 17th Street, and the
reconstruction on l, qrginia Beach Boulevard at Princess' Anne I'l. iza Shopping Center,
May 23, 1995
CITY COUNCIL CONCERNS
ITEM ti 39225
Councilman Baum referenced tire burning on Baum Road with a sign stating "Controlled Burning" The
City Manager will have the Fire Department investigate.
ITEM ti 39226
Council Lady Parker advised she requested the City Attorney brief City Council during the Formal
Session under Unfinished Business, relative the issue of REAPPORTIONMENT.
May 23, 1995
ITEM # 39227
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Conference Room, City ltall Building, on Tuesday, May 23. ]995. at 4:30 P.M.
Council Members Present.
John A. Baum, Linwood O. Branch, 111, Robert K. Dean, 14fflliam W..
Harrison, Jr., HaroM Heischober, Barbara M tlenley, louis' R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
May 23. 1995
- 11 -
ITEM tt 39228
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of V'trginia, as amended, for the following purpose.
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or emplow~es pursuant to Section
2.1-344 (A) U)
To Wit: Appointments: Boards and Commissions
Arts and Humanities' Commission
COIG -Review and Allocation
Erosion Commission
Minority Advisory Council
R/lAC - Resort Area Advisory Commission
VML - Virginia Municipal I,eague
Annual Performance Evaluations - Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership b3 such institution pursuant to Sectio. 2. 1-344(A)(3).
To-Wit: Acquis~tum of Property - Virginia Beach Borough
Upon motion by Vice Mayor Sessoms. seconded by Council Lad) Strayhorn, City Council voted to proceed
into EXECUTIVE SESSIOb.
Voting: 11-0
Council Members Voting Ay~
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William I,E
Harrison, .Ir. Harold Heischober, Barbara M ltenley, Louis R. Jones,
Mayor Meyera E. Oberndor]~, Nancy K. Parker. Vice Mayor William D.
Sessoms, Ir. and Louisa M. Strayhorn
Council Members Voting Nay
Nom'
Council Members Absent:
None
May 23, 1995
- 12 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
May 25, 1995
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber. City Hall Building, on Tuesday, May 23, 1995, at 6:00 P.M~
Council Members Present;
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William gE
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker. Vice Mayor William D.
Sessoms, Jr. and I,ouisa M. Strayhorn
Council Members Absent:
.¥one
INVOCATION:
Reverend Duke Whiteside
Mission of St. Paul
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoras, being a Corporate Officer of Central Fidelity Bank, ABSTAINED on the application
of STERLING gE AND BONNIE J. THACKER for modification of proffers (J. 7) and disclosed there were
no other matters on the agenda in which he has a "personal interest", as defined in the Act, either
individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes'
this Disclosure as he may or may not know of the Bank's' interest tn any application that may come before
City Council. Vice Mayor Se~st m~ letter of January 10. 1905~ t, hereby made a part of the record.
May 23, 1995
Item III-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39229
Upon motion by lftce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempWd from Open Meeting
requirements by Virginia law were discussed tn F~cecutive Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the molion
convening the Executive Session were heard, discussed or considered by
Virginia Beach Cia' Council.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William V~
Harrison, Jr., tlaroM Heischober, Barbara M. Henley, Louis' R. Jones,
Mayor Meyera E. Oberndorf Nancy K. t'arker, Vice Mayor William D.
Sessotns, Jr. and Louisa M. Strayhorn
Council Members Voting Na~
None
Council Members' Absent:
None
May 23, 1995
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 # 39228 Page No. 11 and in accordance with
the provisions of Thc Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ru(h Hodges Sn~h, CMC/AAE
City Clerk
May 23, 1995
Item III-F.L
MINUTES
ITEM # 39230
Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORM~IL SESSIONS of Ma)~ 9, 1995.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, Ill, Robert lC Dean, William V~
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R~ Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, V~ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
Non e
Council Members Absent:
N~me
May 23, 1995
Item III-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39231
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 23. 1995
Item llI-L
CONSENT AGENDA
ITEM # 39232
RESOLUTIONS/ORDINANCES
Upon motion by 14ce Mayor Sessom& seconded by Councilman ltarrison, City Council APPROVED in
ONE MOTION, Items 1, 2 (AS AMENDED), 3, 4, 5 c. 6. 7 8, 9, 10 and 11 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, lIl*, Robert K. Dean, William W.
Harrison, Jr., tlarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meycra E. Oberndorf,, Nancy lC Parker**, V~ce Mavor William
D. Sessoms. Jt and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members/tbsent:
None
*Councilman Branch ABSTAINEI) on Item L5. c., as he is an owner ora hotel in the resort which will be
utilizing the commercial waste management services.
**Council Lady Parker ABSTAINED on Item 1.1., as she did m,t support this Ordinance in the beginning
May 23. 1995
-17-
Item Ill-I. 1.
CONSENT AGENDA
ITEM ti 39233
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman ttarrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-224.11 of the Code
of the Ci~_ of Virginia Beach re Minority Business Council.
Voting: 10-0
Council Members Voting Ayc
John A. Bautn, Linwood O. Branch, I11, Robert K. Dean, William W.
Harrison, Jr., llaroM Heischober, Barbara M ltenley, Louis' R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessorns', Jr~ and
Louisa M. Strayhorn
Council Members Voting Na)
Council Members Abstaining
Nancy K. Parker
Council Members Absent:
None
**Council Lady Parker ABSTAINED on Item L 1., as she did not support this Ordinance in the beginning.
May 23, 1995
Item III-L2.
CONSENT AGENDA
ITEM # 39234
RESOLUTIONS/ORDINANCES
Upon motion by V'tce Mayor %ssoms. seconded by Councilman Ilarrison, City Council .ADOPTED, AS
AMENDED:
Ordinance to AMEND and REORDA1N Chapter 23 of the Code of the
City of I4rginia Beach by ADDING a new Section 23-44.2 re placement
of unrequested materials on residential property.
*This Ordinance shall become effective August 1, 1995.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 111, Robert 1¢2 Dean, William
Harrison, Jr, ltarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker. Vice Mayor William D.
Sessoms, .Ir and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent
None
May 23, 199.5
- 19 -
Item III-L3.
CONSENT AGENDA
ITEM # 39235
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor ~;essoms, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to request the Virginia Department of Transportation
(VDOT) establish a project for the improvement of the Norfolk Southern
Rail-Kellam Road Grade Crossing; to use urban allocation for the
required 10% match; to pay its share of the preliminary engineering,
right-of-wa) and construction.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, 111, Robert K~ Dean, William
Harrison, Jr.. ltaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, V~ce Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23. 1995
- 20 -
Item III-L4.
CONSENT AGENDA
RESOLUTIONS/ORDINANCES
ITEM # 39236
Upon motion by l, qce Mayor Sesxoms, seconded by Councilman Harris'on, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a farming lease
between the City and W'tlliam E. Sawyer re a 300-acre parcel of land
West of Princess Anne Road and North of the Municipal Center in Lake
Ridge (PRINCESS ANNE BOROUGII)
Vo ting: l I - 0
Council Members Voting Aye
John A. Baurn, Linwood O. Branch, II1, Robert tL Dean, William W
Harrison, Jr. Harold Heischober, Barbara M llenley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K Parker. Vice Mayor William D.
Sessoms, Jr. and la~uisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent.
None
May 23. 1995
- 21 -
Item III-L5. a.b.
RESOLUTIONS/ORDINANCES
ITEM # 39237
Upon motion by Vice Mayor Sessoms, seconded by Council Lad) Strayhorn, City Council ADOPTED:
Ordinances rc Department o[ Public I. Vorks'/Waste Management:
AIffEND and REORDAIN Section 31-61 of the ('ode of the City of Virginia Beach re
fees at refuse disposal areas.
Increase tipping fees being charged by the Southeastern Public Service Authority
(SPSA)'
4PPROPR1ATE $2,069,250 to the IcY 199.'-1996 Operating Budget
4PPROPRIATE $836,800 to the I~¥ 1994- 1995 Operating Budget
TRANSFER $27,200 to the FY 1994 1995 Operating Budget from the General
Fund ReYerve for Contingencies.
Voting: 10-0
Council Members Voting Ayc.
John A. Baum, Linwood O. Branch, III, Robert 1~ Dean, Harold
Heischober, Barbara M. tlenley, Louis' R Jones, Mayor Meyera E.
OberndorJ~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M Slravhorn
Council Members Voting Nay
Council Members Abstaining;
William V~ ttarrison, Jr.
Council Members Absent:
None
Councilman Harris~m ABSTAINED as his' law firm represents
May 23, 1995
- 22 -
Item lll-L5, c.
CONSENT AGENDA
ITEM It 39238
RESOLUTIONS/ORDINANCES
Upon motion by l~ce Mayor Sessoms, seconded by Councilman tlarrison, City Council ADOPTED:
Ordinance to APPROPRIATE $184,237 to the FY 1994-1995 Operating
Budget of the Department of Public Works~Waste Management refunding
the extension of commercial waste management services' to the Resort
Area
Voting: 10-0
Council Members Voting Aye
John A. Baum, Robert K. Dean, William W. tlarrison, .Ir., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy lC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Na3 :
None
Council Members Abstaining,
Linwood O. Branch, II1
Council Members Absent:
None
*Councilman Branch ABSTAINED on Item L5. c., as he is an owner of a hotel in the resort which will
be utilizing the commercial waste management services
May 23. 1995
- 23 -
Item III-L6.
CONSENT AGENDA
ITEM # 39239
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman llarrison, City Council ADOPTED:
Ordinance to APPROPRIATE $1,100,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 1994-1995
Operating Budget in support of the FEMA Urban Search and Rescue
Team, Virginia Task Force Number 2, re personnel costs, equipment and
supplies used in support of the Team's activities in the aftermath of the
Oklahoma City Bombing.
Voting: 11-0
Council Members l/oting Aye
John A. Baurn, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Itenley, Louis I~ 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:
None
May 23, 1995
Item III-I. Z
CONSENT AGENDA
ITEM # 39240
RESOLUTIONS/ORDINANCES
Upon motion by l~qce Mayor Sessom.~', seconded by Councilman tlarrison, City Council ADOPTED:
Ordinance to APPROPRIATE $24,000 from the DP2d Seized Property
Special Revenue Fund balance to their FY 1994-1995 Operating Budget
re purchase qf a hazardous incident robot.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 11I, Robert K. Dean, William gE
Harrison, Jr., ttarold Heischober, Barbara M llenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker. Pice Mayor William D.
Sessoms, Jr. and l,ouisa M. Strayhorn
Council Members Voting Nal,
Nom'
Council Members Absent.
None
May 23. 1995
- 25 -
Item III-LB.
CONSENT AGENDA
ITEM # 39241
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor .¥essoms, seconded by Councilman ltarrison, City Council ADOPTED:
Ordinance W APPROPRIATE $7,170 from the Library Gift Fund to the
lftrginia Beach Public Library's' FY 1994-1995 Operating Budget re
purchase of books, descriptive videos and mailing cases.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, Ill, Robert K. Dean, William W.
Harrison, Jr., ttaroM Heischober, Barbara M. llenley, Louis' R. Jones,
Mayor Meyera E. Oberndor. f, Nancy fC Parker, Vice Mayor William D.
Sessorns, Jr. and l,ouisa M Strayhorn
Council Members Voting Na3.
None
Council Members Absent:
None
May 23, 1995
Item II1-L9.
CONSENT AGENDA
ITEM # $9242
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of West Neck Parkway to Courthouse Estate Associates
re construction and maintenance of an existing and proposed white rail
vinyl fence.
The following conditions shall be required:
1. £he owner agrees to remove the encroachment when notified by the City of Virginia
Beach, v~'ithin thirty (30) days after such notice is given, at no expense to the City.
2. Fhe owner agrees to keep and bx~M the City free and harmless of any liability as a
result of the encroachment.
3. Ihe owner agrees to maintain said encroachment so as not to become unsightly or
a hazard
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Linwood O. Branch, Ili, Robert K. Dean, William W.
Harrison, Jr., llarold Heischober, Barbara 3,~ ltenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker. Vice Mayor William D.
Sessoms, .Ir. and Louisa M. Strayhorn
Council Members Voting Nav.
Council Members Absent:
Non,'
May 23, 1995
- 27 -
Item 111-[.10.
CONSENT AGENDA ITEM # 39243
RESOLUTIONS/ORDINANCES
Upon motion by lfice Mayor Sessoms, seconded by Councilman llarrison, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
Tom's Limo Service
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 11I, Robert lC Dean, William W.
Harrison, Jr., Itarold Heischober. Barbara ~ ttenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy lC Parker l/ice Mayor William D.
Sessoms, Jr. anti Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23, 1995
- 28 -
Item III-I. 11.
CONSENT AGENDA
ITEM # 39244
RESOLUTIONS/ORDINANCES
Upon motion by l/ice Mayor Sessotm', seconded by Councilman llarrison, City Council ADOPTED:
Ordinance to authorize tax refunds upon application of certain persons
in the amount of $4,229.76 and upon Certification of the City Treasurer
for payment~
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, II1, Robert K. Dean, William IK
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy tC Parker l~tce Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23, 1995
- 29 -
Item llI-J. 1.
PUBLIC HEARING ITEM ti 39245
PLANNING
Mayor Oberndorf DECL.dRED a PUBLIC HE/IRING on:
PI~INNING
I. PLANNING BY CONSENT
2. S..4.S. ASSOCIATES
3. VICTOR M. WEST
4. LOTUS CREEK ASSOCIATES, L.P
5. FIRST CHINESE BAPTIST CHURCH
6. AMERI-CASH CAR & TRUCK RENTAL, INC.
7. STERLING W. AND BONNIE J. THACKER
8. DEVELOPMENT OPTIONS, INC.
9. D. MURRAY MALBON
10. ANCHORAGE FARMS, L.L.(~
11. JOSEPH W. GODWIN, ]R
12. TREE PLANTING, PRESENTATION & REPLACEMENT
ORDINANCE
CONVERSION OF A
NONCONFORMING USE
ENLARGEMENT OF A
NONCONFORMING USE
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
MODIFICATION OF
PROFFERS
CONDITIONAL CI-L4NGES OF
ZONING
CHANGE OF ZONING
CHANGE OF ZONING
MODIFICATION TO
THE GREEN RUN PLANNED
UNIT DEVELOPMENT LAND
USE PLAN
AMEND AND REORDA1N
APPENDIX E, SECTIONS 1.2
and 1.4.
May 23, 1995
lt~m IlI-.L1.
PUBLIC HEARING
ITEM # 39246
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED
IN ONE MOTION Items 4, 6. 8'~ q and 10.
*Item III-L8. was DEFERRED until the City Council Session of June 13, 1995.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwaod O. Branch, III, Robert 1~ Dean, William ~
Harrison, Jr., ttaroM Heischober, Barbara M ttenley, Louis' R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, ~ce Mayor William D.
Sessoms, Jr. and l, ouisa M. Strayhorn
Council Members Voting Na~
None
Council Members Absent:
None
May 23, 1995
- 31 -
Item lll-J.2.
PUBLIC HEARING
ITEM # 39247
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council APPROVED the
application of S.A.S. ASSOCIATES for the conversion of a nonconforming use.
Application of S.A.S. Associates for the conversion of a nonconforming
use on certain property located at the northeast corner of Atlantic Avenue
and Laskin Road. Said parcel contains 18, 750 vquare feet. VIRGINIA
BEACH BOROUGtl.
Resolution authorizing the conversion of a nonconforming use on
property located at the northeast corner of Atlantic Avenue and lxtskin
Road~ in the Virginia Beach Borough.
The following conditions shall be required:
1. Hours of operation shall be limited to I0 ~IM to 10 PM, seven
(7) days a week~
2.
The use of live animals shall not be permitted except on
Sundays between the hours of 3 PM to 7 I'M during the period
of May 1st through September 30th.
The authorization herein set forth shall be valid for a period of
one (1) year, and may be renewed by the Director of Planning
without further action by the City Council
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, II1, Robert IcL Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. llenley, Louis. R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, k'ice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Vofng Na)
None
Council Members Absent:
None
May 23, 1995
- 32 -
Item Ill-.L3.
PUBLIC HEARING
ITEM# 39248
PLANNING
Upon motion by Councd Lady Henley, seconded by Councilman Baum, City Council DEFERRED to June
27, 1995, the Application of VICTOR M. WEST for the enlargement of a nonconforming use:
Application of Victor M. West for the enlargement of a nonconforming
use on property located at 4100 Charity Neck Road. Said parcel contains
24,040. 76 square feet. PUNGO BOROUGH
Council Lady Henley advised the ltealth Department has expressed concern relative this application and
she is also expressing concern about adding a second use on property that is' only one-half acre. Council
Lady Henley requested City Coum il clarify the provision in the code related to non-conforming uses as'
it is broader than intended.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, Ili, Robert IC Dean, William W~
Harrison, Jr, Harold Heischober, 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 Nas
None
Council Members Absent:
None
May 23, 1995
- 33 -
Item Ill-.L4,
PUBLIC HEARING
ITEM # 39249
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council .aPPROVED
the Application of LOTUS CREEK ASSOCIATES, L.P. for a Variance to Section 4.4(d) of the
Subdivision Ordinance, which requires all newly created lots have direct access to a public street
Appeal from Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Lotus Creek
Associates, L.P. Property is' located at 27(~) Atwoodtown Raid.
PRINCESS ANNE BOROUGlt.
Voting:
11-0 (By ConsenO
Council Members Voting Aye~
John A. Baurn, Linwood O. Branch, 111, Robert lC Dean, William W.
Harrison, Jr., ttaroM Heischober, Barbara M ltenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker. ~ice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Na)
None
Council Members Absent:
None
May 23, 1995
- 34 -
Item III-.L$,
PUBLIC HEARING
ITEM# 39250
PLANNING
Reverend Brian McDonald, 228 Pritchard Road, Phone: 340-6069, Pastor of First Chinese Baptist
Church
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council ADOPTED
the Ordinance upon application of FIRST CHINESE BAPTIST CHURCH for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF IqRST CHINESE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CtlURCH
PARKING LOT R05951962
BE IT HEREBY ORDAINED BY TIlE COUNCIL OF TIlE (TTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Chinese Baptist Church for a
Conditional Use Permit for a church parki'ng lot on the northeast side of
Pritchard Road, northwest of South Lynnhaven Road on Lot 13 and a
portion of last 12, Block S, Booker Washington Park. Said parcel
contains 14,197.6 square feet. LYNNHAVEN BOROUGtt
The following conditions shall be required:
Site improvements shall be in accordance with the submitted
plan entitled "New Auxiliary Building, First Chinese Baptist
Church ", dated 27 March 1995.
2. A fence ts to be installed along Pritchard Road, with a gate
which will remain locked except during church services.
A gate i~ to be installed between the existing parking area
fronting on Marlene Road and the proposed parking lot. This
gate will also remain locked except during church services.
A six-foot (69 privacy fence and a ten-foot (109 landscape
buffer along the boundaries abutting single-family residences
}rill be required
5. All lighting shall be directed toward the intertor of the parking
lot and away, from adjoining residences.
This Ordinance shall be effective in accordance with Section 107 (J) of the Zoning Ordinance.
Adopted by the Council of the CiO' of l/irginia Beach, Virginia. on the Twenty-third of May. Nineteen
Hundred and Ninety-Five,
May 23, 1995
- 35 -
Item III--.L5.
PUBLIC HEARING
ITEM # 39250 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Ayc~
John A. Baum, Linwood O. Branch, HI, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy 1~ Parker. Vice Mayor William D.
Sessoms. Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23. 1995
- 36 -
Item lll-J.6.
PUBLIC HEARING
ITEM # $9251
PLANNING
Upon motion by 14ce Mayor L%ssoms, seconded by Council Lady Strayhorn, City Council ADOPTED the
Ordinance upon application of AMERI-CASH CAR & TRUCK RENTAL, INC., for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OFAMERI-CASH CAR & TRUCK
RENTAL, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE &,ti,ES & RENTAL R05951963
BE IT HEREBY ORDAINED BY lite COUNCIL OF TIlE CFIT OF VIRGINIA BEACIt, VIRGINIA
Ordinance upon application of Ameri-Cash Car & Fruck Rental, Inc., for
a Condiffonal Use Permit for motor vehicle sales and rental, and an
automated indoor car wash on the south side of Virginia Beach
Boulevard on Lots 3,4 & 5 Block 36, Euclid Place. Said parcel is located
at 4935 Virginia Beach Boulevard and ~ontains ZSO0 square feet.
BAYSIDE BOROU( ;tI
The following conditions shall be required:
No mort! than ten (10) automobiles for sale or rent shall be
parked on this' site at any given time.
Low level landscape plant material, such as Dwarf Inberry,
Dwarf Yaupon Holly, Blue Pacific Juniper or similar plant
material, will be installed in the existing grassed area to the
West of the entrance
No outside ~peaker (paging system) is permitted
Appr(raa/ i* fi. a period of mr> (2) years'.
This Ordinance shall be effective tn accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the Council of the ('i(v of Virginia Beach, Virginia, on the Twen~-third of Ma_v. Nineteen
Hundred and Ninety-Five.
Voting: l l-O (By ConsenO
Council Members Voting Ay~
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr.. Harold Heischober, Barbara M. ttenley, Louis tL Jones,
Mayor Meyera E. ()berndorf,, Nancy K Parker, Vice Mayor William D.
Sessoms, .Ir and l,ouisa M. Strayhorn
Council Members Voting Nm.
Nora'
Council Members Absent:
None
May 23, 1995
- 37 -
Item lll-J, 7,
PUBLIC HEARING
PLANNING
ITEM # 39252
The following spoke in SUPPORT of the application:
Attorney Bill Bischoff, 1608 Ray Way, Phone: 490-6369, represented the applicant and distributed a
petition in SUPPORT of the applicant. Said petition is hereby made a part of the record.
Barbara S. Ford, 2200 Windom Place, Phone: 486-8554, Executive Director of Equi-Kids
Therapeutic Riding Program
Julie .~Inn Fontenot, 3501 Kingston Court. Phone: 486-2659. member of Virginia Beach 4-H Club.
The following spoke in OPPOSITION:
Attorney Moody "Sonny" ,';tailings, represented Carousel Tack ,~top.
A motion was made by Council Lady Strayhorn, seconded by Councilman Branch to APPROVE
Application of STERLING W. and BONNIE J. THACKER for the modification of proffers placed on
the January 8, 1991, application for a Conditional Change of Zoning from AG-2 Agricultural I)i$trict
to B-2 Community Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH).
Voting:
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye
Linwood O. Branch. IlL Robert IC Dean, William W Harrison, Jr. and
Louisa M. Stravhorn
Council Members Voting Na3
John A. Baum, Harold Heischober, Barbara M. ltenley, Louis R. Jones,
Mayor Meyera E Oberndorf and Nan£v K Parker
Council Members Abstaining.
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
Vice Mayor Sessoms ABSTAINED as he is an officer of Central Fidelity Bank and his bank does business
with the applicant,
May 23, 1995
- 38 -
PUBLIC HEARING
ITEM # 39253
PLANNING
Attorney R. J. Nutter. 11, requested DEFERRAL until the City Council Session of June 13, 1995.
Upon motion by Vice Mayor Sessoms, seconded by Council lately Strayhorn, City Council DEFERilED
to the City Council Session of June 13, 1995, Ordinances upon application of DEVELOPMENT
OPTIONS, INC, for Conditional Changes qf Zonine District Classification:
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE ()I~ ZONING DISTRICT
CLASSIFICATION FROM R-SD TO B-2
Ordinance upon application of Development Options, Inc., for a
Conditional Change of Zoning District Classification from R-5D
Residential Duplex District to B-2 Community Business District at the
northwest intersection of Lynnhaven Parkway and Princess Anne Road.
The proposed zoning classification change to B- 2 is' for commercial land
use. The Comprehensive Plan recommends use of this parcel for
suburban high density residential at densities that are compatible with
single family use in accordance with other plan policies. SaM parcel
contains 20.30 acres KEMPSVILLE BOROU(;tl.
AND,
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE 01: ZONING DISTRICT
CI~4SSIFICATION FROM I-1 TO B-2
Ordinance upon application of Development Options', Inc., for a
Conditional Change of Zoning District Classification from I-1 Light
Industrial District to B-2 Community Business' District on the southwest
side of Princess Anne Road beginning at a point 290 feet more or less
northwest of Lynnhaven Parkway. ?he proposed zoning classification
change to B-2 is' for commercial land use. The Comprehensive Plan
recommends use of this' parcel for industrial use m accordance with other
Plan policies. Said parcel is located at 4233 Princess Anne Road and
contains 23.44 acres. KEMPSVILLE BOROU(;II
May 23. 1995
- 39 -
Item lll-J.&
PUBLIC HEARING
ITEM # 39253 (Continued)
PLANNING
Voting:
11-0 (By ConsenO
Council Members I?oting Aye
John A. Baum. Linwood O. Branch, HI, Robert I( Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. ltenley, Louis R. Jones',
Mayor Meyera E. Oberndo~ Nancy K. Parker, l/ice Mayor William D.
Sessoms, Jr~ and Louisa M. Strayhorn
Council Members Voting Na5
None
Council Members Absent:
May 23, 1995
Item lll-J.9.
PUBLIC HEARING
ITEM# 39254
PLANNING
Upon motion by l~ce Mayor Sessor,~', seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of D. MURRAY M,4LI~ON for a Chan£e of Zoning District
Classi_ffca~ion:
ORDINNAC£ UPON APPLICATION OF D. MURRAY MALBON FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO
R - 5S Z05951448
BE IT HEREBY ORDAINE1) BY I'HE COUNCIL OF 7HE ('.lit OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of D. Murray Malbon for a Change of
Zoning District Classification from A-12 Apartment District to R-5S
Single Family District on certain property located on the south side of
Carver Avenue beginning at a point 30Z2 feet west of Birdneck Road.
The proposed zoning classification change of R - 5S is for single family
residential land use on lots no less than 5,000 square feet. The
Comprehensive Plan recommends use of this parcel for urban medium
low density resMential at densities that are compatible with multi-family
use in accordance with other Plan policie~. Said parcel contains 11,252
square feet. I YNNHAVEN BOROUGII.
This Ordinance shall be effective in accordance with ,Section 107 (J) of the Zoning Ordinance.
Adopted by the Council of the ~'itv of Virginia Beach. Virginia. on the Twenty-third of May, Nineteen
Hundred and Ninety-Five
Voting:
ll-O(ByConsent)
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 1II, Robert K Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. tlenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23, 1995
- 41 -
Item lll-J, lO.
PUBLIC HEARING
ITEM # 39255
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of ANCHORAGE FARMS, L.L.C. for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICMTION OF ANCHORAGE FARMS, L.L.C.,
FORA CHANGE OF ZONING DISTRICT CIMSSIFICATION FROM R-
30 TO R-20 Z05951449
BE IT HEREBY ORDAINED BY TIlE COUNCIl, OF TIIE (77¥ OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Anchorage Farms, L.L.C, for a Change
of Zoning District Classification from R-30 Residential District to R-20
Residential District on certain property located on the east side of Little
Neck Road beginning at a point 269.14 feet south of Newcastle Road. The
proposed zoning classification change to R-20 is for single family land
use on lots no less than 20,000 square feet. 7he Comprehensive Plan
recommends' use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan tx~licies. ~c~id parcel contains 6.3572 acres. LYNNtIAVEN
BOROUGIt.
This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance.
Adopted by the Council of thc City of Virginia Beach, Virginia, ~m the Twenty-third of May. Nineteen
Hundred and Ninety-Five.
Voting:
11-0 (By Consent)
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 111, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis' R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker. Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Atx~.ent:
None
May 23, 1995
Item lll-J.11.
PUBLIC HEARING
ITEM # 39256
PLANNING
J. gE. Godwin, Jr., 4820 Brigadoon Drive, Phone: 460-9172, presented a petition in SUPPORT of the
application and a letter of support from the Green Run Homes/lssociation. Said letter and petitions
are hereby made a part of the record.
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of JOSEPH W. GODWIN, JR., for a Modification to the Green Run Planned
Unit Development Land Use Plan
ORDINANCE UPON APPLICATION OF JOSEPtt W. GODWIN, JR.
FOR A MODIFICATION TO THE GREEN RUN PLANNED UNIT
DEVELOPMENT 1AND USE PLAN Z05951450
BE IT HEREBY ORDAINED BY 771E COUNCIL OF TILE' (71¥ OF VIRGINIA BF~4CH, VIRGINIA
Ordinance upon application of Joseph I~E Godwin, Jr., for a Modification
to the Green Run Planned Unit Development Land Use Plan to allow an
automotive service establishment on the north side of Lynnhaven
Parkway, 190 feet east of Primrose Lane. SaM parcel is' located at 1341
Lynnhaven Parkway and contains 3.5,67.5.64 ~'quare feet. PRINCESS
ANNE BOROU(;H
The following conditions shall bc required:
1. No automobiles are to be stored on site
2. All work is to be performed inside the building.
3. The applicant shall provide reasonable landscaping in keeping
with the spirit of the existing landscape regulations.
This Ordinance shall be effective tn accordance with Section 107 (D of the Zoning Ordinance.
Adopted by the Council of the ('it), t~f Virginia Beach, Virginia, ,,n the Twenty-third of May. Nineteen
Hundred and Ninety-Five.
Voting: ! 1-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, Ill, Robert lC Dean, William W.
HarrLs'on, Jr., Harold tteischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23, 1995
- 43
Item lll-J.12.
PUBLIC HEARING
ITEM tt 39257
PLANNING
Johnnie Miller, President of Virginia Beach Beautification Commission, spoke in SUPPORT of the
Ordinance, but they are still displeased that the final inspection of the trees is not being accomplished
by qualified landscape personnel in the Landscape Services Department.
Upon motion by Council Lady Parker. seconded by Councilman Branch, City Council ~OPTED:
Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation and Replacement Ordinance re
residential and street trees and bonding requirements.
As per request and correspondence of Reba $: McClanan. her name shall be removed from the list of the
committee to study the Landscaping Ordinance. Mrs. McClanan was in OPPOSITION to some of the
concepts and requested a disclaimer of her involvement in the formulation of this Ordinance.
Voting: 9 - 2
Council Members Voting Aye
John A. Baum, Linwood O. Branch, Ili, Robert lC Dean, Harold
Heischober, Louis R. Jones, Mayor Meyera 15 Oberndo~ Nancy I~
Parker, Vice Mayor l~lliam D. Sessorns. Jr. and l,ouisa M Strayhorn
Council Members Voting Nay
I~lliam W llarrison, Jr. and Barbara M Henh'~
Council Members Absent:
None
May 23, 1995
- 44 -
Item III-K.1..
~.PPOINTMENTS
ITEM # 39258
Upon NOMINATION by Vice Mayor Sessorns, City Council:
REAPPOINTED:
APPOINTED:
Diane Burnside Murdock
Susan F. Sadler, Ph.D
Colonel Angel Luis Morales
Armand James DeBellis
Two Year Terms
07/01/95 - 06/30/97
Voting: 11-0
ARTS AND HUMANITIES COMMISSION
Council Members Voting Ay,'
John A. Baum, Linwood O. Branch, 11I, Robert ~ Dean, William W..
Harrison, Jr., tlarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay
None
Council Members Absent:
None
May 23, 1995
Item llI-K.2.
APPOINTMENTS
~EM #39~9
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
COIG - REVIEW AND ALLOCATION COMMITTEE
Nancy K. Parker
Finance Liaison Committee
Voffng: 11-0
Council Members Voting Aye
John A. Baum, Linwood O. Branch, 111, Robert ti3 Dean, William W.
Harrison, Jr., ttarold Heischober, Barbara M ltenley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, .Ir. and Louisa M. Strayhorn
Council Members Voting Nax
None
Council Members Absent:
None
May 23, 1995
Item III-K.$.
APPOINTMENTS
ITEM # 39260
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
EROSION COMMISSION
Hen~. H. Richards~on 111
Unexpired Term Thru 04/30/97
Voting: 11-0
Council Members Voting Aye'
John A. Baum, Linwood O. Branch, Ill, Robert lC Dean, William W.
Harrison, Jr., ttaroM Heischober, Barbara M tIenley, Louis' R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, ,Ir and Louis'a M. Strayhorn
Council Members Voting Na)
Nora
Council Members Absent:
None
May 23, 1995
Item III-K.4.
APPOINTMENTS
ITEM # $9261
BY CONSENSUS, C~ty Council RESCHEDULED the following Appointment:
MINORITY BUSINESS COUNCIL
May 23, 1995
Item IlI-K.$.
APPOINTMENTS
ITEM # 39262
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
RzL4C - RESORT ,~4 ADVISORY COMMISSION
John F. Malbon
Unexpired Term Thru 12/31/97
Voting: 11 -~
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William gE
Harrison, Jr.. Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker. Vice Mayor William D.
Sessoms, .Ir. and I~uisa M. Strayhorn
Council Members Voting Nax
None
Council Members Absent:
None
May 23, 1995
- 49 ~
Item III-K.6.
APPOINTMENTS
ITEM# 39263
Upon NOMINATION by Vice Mayor Sessoms, City Council made the following VIRGINIA MUNICIPAL
LEAGUE POLICY COMMITTEE NOMINATIONS:
Community Development
and Public Safety
Environmental Quality
Finance
Human Development
and Education
General Government
Transportation
Louisa M. Strayhorn
Robert K. Dean
E. Dean Block
Naney K. Parker
Linwood O. Branch Ill
Barbara M. Henley
Voting: 11-0
Council Members Voting Ay,'
John A. Baum, Linwood O. Branch, I11, Robert K Dean, William W.
Harrison, Jr, ttarold Heischober, Barbara M Henley, Louis' R. Jones,
Mayor Meyera E. OberndorJ;, Nancy K. Parker. l~ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nav'
None
Council Members Absent:
None
May 23. 1995
- 50 -
UNFINISHED BUSINESS
ADD-ON
ITEM It 39264
Ihe City Attorney briefed City Council relative REAPPORTIONMENT - 1995 Charter Changes.
CITY CHARTER SECTION 3:021.1
On or Before
January 1, 1996:
On or Before
March 1, 1996:
General Election
in May of 1996:
General Election
in May of 1998:
City Council Petitions the Circuit Court to order an Advisory
Referendum to be held at the General Election in May of 1996
on the question of whether the Council Member elected from a
district shall be elected by the qualified [,oters of the district
rather than at-large.
City Council, by ordinance, establishes' the boundaries and
names of the new, approximately equally populated, residence
districts
(1) Abo~,e - referenced Advisory Referendum is' held; and,
(2) Qualified Voters of City at-large elect representatives from
Blackwater, Princess Anne and Virginia Beach Boroughs for
terms' of two (2) years, and Mayor and one (1) at-Large
Council Member for terms of four (4) years.
(1) Representatives of Districts one through three elected by
qualified voters of City at-large for terr~ of two (2) years;
and,
(2) Representatives of districts four through seven elected by
qualified voters' of City at large for terms of four (4) years;
and
(3) Two (2) At-large representatives' elected for terms of four
(4) years.
Thereafter, all Council Members and the Mayor elected for
terms ~f four (4) years.
The City Attorney suggested this Summer City Council should reconvene the same Committee that
previously worked on the Reapportionment issues. This' Committee was composed of representatives from
the City Manager's and City Attorney's Office. The software is' already in place for the redrawing of
district lines. The Committee wouM recommend again retaining Election Data Services.
May 23~ 1995
- 51 -
Item IlI-M.1.
NEW BUSINESS
ADD-ON
ITEM# 39265
Upon motion by Council Lady Strayhorn, seconded b) Vice Mayor Sessoms, City Council
RESCHEDULED:
City Council Session of July 4, 1995 to CONSOLIDATE with
City Council Session of July 11. 1995.
Voting: 11-0
Council Members Voting
John A. Baum, Linwood O. Branch, 111, Robert K. Dean, William W.
Harrison, Jr, lfarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr~ and l. ouisa M. Strayhorn
Council Members Voting Na}
None
Council Members Absent:
None
May 23, 1995
- 52 -
Item III-N.
ADJOURNMENT
ITEM # 39266
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:50 P.M.
Chief Deputy City Clerk
Rffth Hodges Smith, CMC//LIE
City Clerk
Meyera E Oberndorf
Mayor
City of V&ginia Beach
Virginia
May 23, 1995
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Requested by Councilmember Barbara M. Henley
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-224.11 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE MINORITY BUSINESS
COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-224.11 of the Code of the City of Virginia
Beach, Virginia, is hereby amended an¢l reordained to read as
follows:
Sec. 2-224.11. Duties, powers and functions.
The Minority Business Council sha~l serve as an advisory
agency to the City Manager and the cit? <¢unci] with respect to the
city's procurement policies and procedure~ and shall be vested with
the following duties, powers and functi<~s~
(a) To advise the City Manager and ~he City Council on policy
and procedural issues involved in:
(1) The city's established po[icy of equal opportunity
and nondiscrimination in procurement;
(2) The c~ty's continuing efforts to encourage the
participation of minority-owned businesses~ small businesses, an__dd
businesses owned by women in city contracts; and
(3) The city's assurance that its procurement
opportunities are made available to a|i persons, regardless of
race, religion, cc]or, sex, national origin or handicap.
(b) To institute, conduct, an0 engage in educational and
training programs to promote -~-~"
.......... ~ t_h~ involvement of minority-
owned businesses~ small businesses~__.~n~ ousinesses owned by women
in the public: procurement process.
(c) To serve as a forum for the dis(ussion and development of
-~--~"...~..~ ~ the awareness of minority-owned businesses, small
businesses, and businesses owned ~ women of the procurement
process.
(d) To provtde City Council and ~he City Manager with an
annual written report cf the Minority Business Council's activities
on or before December 3lst of each yea~ ~
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(e) To adopt rules and procedures for the conduct of its
affairs.
The Minority Business Council shall not be empowered or
authorized to provide advice or assistance with respect to, or
otherwise become involved in, individual p~ocurement solicitations,
evaluations, award~, disputes or protest~
Adopted t~y th~~ Cil~y Council of tke ( lty of Virginia Beach on
this 23rdday ~Df ~,v 1995.
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CA-5869
DATA/ORDIN/PROPOSED/2-224.11.ORD
MARCH 30, 1995
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Requested by Mayor Meyera E. Oberndorf
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
ADDING A NEW SECTION 23-44.2
PERTAINING TO THE PLACEMENT OF
UNREQUESTEDMATERIALS ON RESIDENTIAL
PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 23 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordaLned by adding a new Section
23-44.2 to read as follows:
Sec. 23-44.2. Placement of unrequested materials on residential
propert¥~
(a) It shall be unlawful for any person to place or cause to
be Placed any commercial or non-commercial sample, handbill,
dodger, brochure, circular, paper or other material of a similar
nature on any private property on which there is conspicuously
posted a "no solicitation" siqn or any similar siqn which clearly
indicates that the owner or occupant of the property does not want
to receive such materials.
(b) The materials set forth in subsection (a) of this section
shall not be deemed to include (1) materials delivered or
distributed by any federal, state or loca£ governmental agency, or
(ii) materials delivered or distribute¢i pursuant to an active
subscription.
(c) Any person violating this section shall be guilty of a
Class 3 misdemeanor.
This Ordinance shall become effective on August 1, 1995.
Adopted by the City Council of the City of Virginia Beach on
this ~h3/l~_day of May __ ]995.
CA-5866
DATA/ORDIN/PROPOSED/23-44-2.0RD
APRIL 28, 1995
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APPROVED AS TO LEGAL
SUFFICIENCY
Department of [,aw
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A FARMING LEASE FOR 300 ACRES OF THE
LAKE RIDGE PROPERTY WITH WILLIAM E. SAWYER
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WHEREAS, the City is the owner of a parcel of land
situated west of Princess Anne Road and north of the municipal
center in excess of 1000 acres and known ~s Lake Ridge; and
WHEREAS, William E. Sawyer has been farming 300 acres of
the property unde] an agreement with t~e Lake Ridge development
group prior to its purchase by the City; .and
WHEREAS, these 1300 acres ace not needed for the
development cf the C]t}'s amphitheater pr),ect to be built on other
acreage on the Lake Ridge site; and
WHEREAS, under existing Federal t(egulations, land that is
not cultivated ove~ a continuous period o~ time may revert to
wetland; therefore, ~t is in the City's ~est interest to make sure
the agricultural ~and continues to be cultivated pending
implementaticn of the City's development plan for the site; and
WHEREAS, !~]]iam E. Sawyer' pr~oposes to lease this 300
acres of the Lake ~dqe property ~or an ~nnual rental amount of
$6,000.00; and
WHEREAS,
William E. Sawyer has executed a one-year lease
based on this amount
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VYRGINIA:
That the City Manager is hereby authorized to execute a
lease agreement between William E. Sawyer ~nd the City of Virginia
Beach in a form substantially the same as ~he agreement dated April
21, 1995, attached hereto.
Adopted oy ~he Council of the C~ty o~ Virginia Beach,
Virginia, on the .!~d day of May 1995.
CA-5950
ORDIN\NONCODE\SAWYER .ORD
R-I
05/09/95
APPROVED %S TO CONTENT
[~Ja rhncnl of Public Wm'ks/O ffiee of Real Estatt~
APPROVED AS TO LEGAL
~;UFFICIENCY
MAP
APPROX. 300 ACRES OF
AGRICULTURAL LAND
(PORTION OF LAKE RIDGE TRACT)
TO BE LEASED
~ TO WILLIAM E. SAWYER
PREPARED BY P/VV ENG. DRAFT. 05/01/95
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 31-61 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO REFUSE DISPOSAL AREAS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 31-61 of the Code of the City of Virginia
Beach, Virginia, ~s hereby amended and reordained to read as
follows:
Bec. 31-61. Use charges.
(a) There shall be a fee of forty onc dollars forty-
eight dollars and twenty cents ($4-1-~ $48.20) per ton, or a ~
twenty-four dollar and ~=~-- ten cent (~ $24 10 minimum
charge for less than one (1) ton, or any part thereof for all
sanitary solid waste, refuse, debris or garbage generated solely
within the city and deposited at the city refuse disposal areas;
provided, however, that residents of the city depositing sanitary
solid waste, refuse, debris, or garbage generated solely from their
households may deposit the same free of charge.
(b) There shall be a fee of seventy-five cents ($0.75)
per passenger and light truck tire and five dollars ($5.00) per
truck tire for cutting and disposing of tires at the city refuse
disposal areas.
This ordinance shall be in effect July 1, 1995.
Adopted by the Council of the City of Virginia Beach,
on the 23rd day of May ____ . 1995.
Virginia,
CA-5952
ORDIN~PROPOSED~31-(~ 1 · ORD
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PREPARED: 05/10/9!i
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AN ORDINANCE TO APPROPRIATE $2,069,250 TO THE
FY 1995-96 OPERATING BUDGET OF THE DEPARTMENT OF
PUBLIC WORKS\WASTE MANAGEMENT, WITH A CORRESPONDING
INCREASE 1N ESTIMATED REVENUES, IN ORDER TO FUND
THE INCREASE IN TIPPING FEES BEING CHARGED
BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY
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WHEREAS, the Cit¥ of V~rginm Beach has an agreement with thc Southeastern Public Service Authority
(SPSA) to pay the full cost tipping l~e as adopted by SPSA's Board o£I )Ucctors, and to he reimbursed by SPSA ii>r thc
difference between the thll cost t~ppmg Icc and a limited tipping tbs,
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WHEREAS, the FY t~95 9(; Operating Budget was adopted based on a $34 85 per ton limited cost tipping
lee, and requiring no tipping fcc rctmhursement by SPSA,
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WH]gREAS, SPSA's Board ol Directors, on April 26, 199~,, adopted an interim hpping fee increase lbr I:Y
1995-96 of $4820 pe~ ton, now cxccc&ng the lirmted tipping lk:c m thc ( ~lx
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WItEREAS, the increase in thc tipping k:e will result m an estimated inciease ~n costs to the City of Virgima
Beach for FY 1995-96 in the amounl ol $2,069,250:
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WHEREAS, these increased costs will bc totally of Eset with addihonal reimbursement revenues from SPSA,
as the result of the limi;ed tipping ll.t
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds m the amount of $2,069,250 bc appropl iated to the FY 1995-96 Operating Budget of
the Department of Public Works\Waste Management to address the iucrcascd tipping fee adnptcd by SPSA.
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BE IT FURTHER ORDAINED that there bca coHcsponding increase in estimated revenues for
charges for services roi FY 199? ,Il,
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This ordinance shall bc m cfi~ct July 1, 1995
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Adopted the _2~x_dday iq' lq. ay . , 1995, by lhe Council o!'the City of Virginia Beach, Virginia
APPROVED AS TO CONTENT
Department of Management and Budget
APPROVED TO
LEGAL SUFFICIENCY
I,~qSWJICOUNCILISPSATIt, OR[)
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AN ORDINANCE TO APPROPRIATE $836,800 TO THE
FY 1994-95 OPERATING BUDGET OF THE DEPARTMENT OF
PUBLIC WORKS\WASTE MANAGEMENT, WITH A CORRESPONDING
INCREASE IN ESTIMATED REVENUES, AND TO TRANSFER $27,200
FROM GENERAL FUND RESERVE FOR CONTINGENCIES IN ORDER
TO FUND THE INCREASE IN TIPPING FEES BEING CHARGED
BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY
WHEREAS, the City .1 Virginia Beach has an agreement with Iht Southeastern Public Service Authori?/
(SPSA) to pay the full cost tipping t~¢. as adopted by SPSA's Board ffl)l~cctors and to bc reimbursed by SPSA lbr thc
difference between the full cos~ t~plnng thc and a limited tipping
WHEREAS, the FY 1'~9'4-95 Operating Budget was adopted based on a $34 (10 per ton full cost tipping fec,
lower than the limited tipping lb~ ,~ $x4 85 and requiring m tipping fec ~ e~mbursc~nent by SPSA;
WHEREAS, SPSA's Board ,~fI )irectors, on April 26 1995, a& ~pted an interim tipping fee increase for the
months of May and Jm~e, 1995 fi (mi Ibc cmTcnt $34 00 per ton to $61 I {, t er ton now exceeding the limited tipping
fee to the City;
WHEREAS, the increase m the tipping fee will resull in alt eSlllnated increase in costs to the City of Virginia
Beach for May and Jm~e, 1995 m thc amount of $864,000,
WHEREAS, since the newl~ adopted tipping fee rate of $01 (}II per ton exceeds the $34.85 limited tipping Ibc
the City will receive $836,800 U reimbursement revenue from ';PS?,,
WltEREAS, the $27,~ ( (I remaining balance between thc increased costs and lhe reimbursement revenue from
SPSA s available ftr transfer h,m ~hc ~ ~cnera Fund Reserve fi~r Contmgcncms:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds ltl the amount of $836,800 bc appropriated ~o thc FY 1994-95 Operating Budgel ot
.,
the Department of Pub[ c W rks,%astc Management to address the me, cased tipping fec adopted by St>SA:
$836,80O
BE IT FURTHER ORDAINED that there bc an inclcasc in estimalcd revenues for FY 1994-95 by
BE IT FURTItER ORDAINED that fimds in the mnount of $27.200 be transferred from General Fund
Reserve for Contmgencies to the l Y ~ )/4-95OperatmgBudgelol ~cl)cpartmcntofPublicWorks\Waste
Management.
This ordinance shall be in cflbct from the date of its adoption
Adopted the 23r~dda}/,l M~y , 1995, by' Ihc Council vt'iht City of V~rginia Beach, Virginia.
~PPROVED AS TO CONTENT
Department of Management and Budget
APPROVED AS TO
LEGAL SUFFICIEi'.iCY
h': tSWJiCOUNC1LISPSATIP. ORI) ~
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AN ORDINANCE TO APPROPRIATE $184,237 TO THE
FY 1994-95 OPERATING BUDGET OF THE DEPARTMENT
OF PUBLIC WORKS\WASTE MANAGEMENT, WITH A
CORRESPONDING INCREASE IN ESTIMATED REVENUES, FOR
THE PURPOSE OF FUNDING THE EXTENSION OF COMMERCIAL
WASTE MANAGEMENT SERVICES TO THE RESORT AREA
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WHEREAS, the prox]s~on of commercial waste management services to the Resort Area was originally
programmed in the F Y 1994-95 t)pcrahng Budget to be discontinued m t )ctober 1994,
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WHEREAS, the City Council has directed that the provimon o~ these services will be continued through
September, 1995;
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WHEREAS, the additional incremental cost in FY 1994-95 to continue the provision of commercial waste
management services to the Resori Area m estimated to be $184,23"~
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WHEREAS, the addihonal incremental costs will be offset by $184,237 ~n additional revenues from the
Resort Area commercial waste management customers
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITy OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount orS 184,237 be appropriated to the FY 1994-95 Operating Budget of
the Department of Public Works\Waste Managemcmt for the purpose of thnding the extension of commercial waste
management services t~ the Reso~ Area
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BE IT FURTHER ORDAINED that there be a corresponding ~ncrease ~n eshmatcd revenues for FY 1994-
95 by $184,237.
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This ordinance shall be ~n effect from the date of its adoption
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Adoptedthe 23rdtayol Ma~ __ ,1995, by the Council of the City of Virginia Beach, Virginia.
APPROVED AS TO CONTENT
b': ISWJICOUNCILq~ESCOM95.0RD
De >artment of Management and Budget
LEGAL $~::~,ENCy
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AN ORDINANCE TO APPROPRIATE $1,100,000 IN ADDITIONAL REVENUES FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1994-95
OPERATING BUDGET IN SUPPORT OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK
FORCE NO. 2, FOR PERSONNEL COSTS, EQUIPMENT, AND SUPPLIES USED IN SUPPORT OF
THE TEAM'S ACTIVITIES IN THE AFTERMATH OF THE OKLAHOMA CITY BOMBING.
WHEREAS, on April 19, 1995, the Alfred P Murrah Federal Building in Oklahoma City, Oklahoma
was severely damaged by a terrorist bomb that resulted in death or injury to people trapped in the wreckage:
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WHEREAS. ~n response to a PresidentJal declaration of a state of emergency, the FEMA Urban
Search and Rescue Team, Virginia Task Force No, 2, comprised of personnel from the City of Virginia Beach, as
well as from across the Hampton Roads Region, was activated and dispatched to the scene of the tragedy along
with the necessary equipment and supplies to render search and rescue assistance; and
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WHEREAS, under federal law and the agreement between FEMA and the City, which establishes
the City as the fiscal agent for the regional FEMA Team, all incurred costs associated with the actual deployment of
the Team, including personnel costs and consumed supplies and equipment, as well as the cost of equipment
necessary to bring the Team up to FEMA approved standards is fully reimbursable from FEMA
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $1,100.000 in additional revenues from the Federal Emergency Management Agency be
appropriated in the Fire Department's FY 1994-95 Operating Budget for all incurred costs associated with the
response of the FEMA Urban Search and Rescue Team, Virginia Task Force No 2, to the Oklahoma City,
Oklahoma bombing.
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BE IT FURTHER ORDAINED. that estimated Federal revenues in the Fire Department's FY 1994-
95 Operating Budget be increased by $1,100,000.
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Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of May ~ 1995.
APPROVED AS TO
LEGAL SUFFICIENCY
Approved as to Content
Jr,
Management and Budget
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AN ORDINANCE TO APPROPRIATE $24,000 IN REVENUES FROM THE DEA SEIZED PROPERTY SPECIAL
REVENUE FUND BALANCE TO THE FY 1994-95 DEA SEIZED PROPERTY SPECIAL REVENUE FUND
OPERATING BUDGET TO PURCHASE A HAZARDOUS INCIDENT ROBOT
WHEREAS, the Virginia Beach Police Department during 1994 responded to 13 explosive related
situations, 6 hostage situations 33 SWAT tactical operations:
WHEREAS, the Department has researched various ways to improve the safety of the officers and
citizens involved in these hazardous situations and has determined that a hazardous incident robot will provide
accurate visual and audible intelligence information as welt as hands on assistance; and
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WHEREAS, there are sufficient funds available in the DEA Seized Property Special Revenue Fund
Balance to allow for this purchase without requiring a City match
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $24,000 be appropriated from the DEA Seized Property Special Revenue Fund Balance to
the FY 1994-95 DEA Seized Property Special Revenue Fund Operating Budget to purchase a hazardous incident
robot.
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Adopted by the Council of the City of Virginia Beach, Virginia on the 234 day of [~ay ,1995.
APPROVED A~ TO
LEGAL SUFFICIENCY
Approved as to Content
CrW- D:lOB961Police\robot ord
Jr.
Management and Budget
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AN ORDINANCE TO APPROPRIATE $7,170 FROM THE
LIBRARY GIFT FUND TO THE FY 1994-95
VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT
WHEREAS, the Virginia Beach Public Library receives cash donations from citizens for purchase
of library materials and supplies;
WHEREAS, such donations are deposited to a gift fund account for Libraries until needed for
purchases;
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WHEREAS, such donations have accrued in excess of $10,000 in the Gift Fund fund balance at
this time, and the Library Department has identified $7170 in needs for additional book purchases,
descriptive videos, and mailing cases for branch libraries and Special Services operations;
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NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funds in the amount of $7,170 be appropriated from the Virginia Beach Library Gift Fund
fund balance to the Public Library Department for FY 1994-95
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Adopted by the Council of the City of Virginia Beach Virginia on this 23 rd
1995
day of
19 APPROVED AS TO CONTENT:
20 ~~
21 Walter C, Kraemer, C~f~
22 Management and Budget
lEGAL
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AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF WEST NECK
PARKWAY TO COURTHOUSE
ESTATES ASSOCIATES, ITS
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Courthouse Estates Associates, its heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of West Neck Parkway.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining several sections of
white vinyl rail fence and that said encroachment shall be
constructed and maintained in accordance ~ith the City of Virginia
Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as West Neck Parkway, on the
certain plat entitled: "COURTHOUSE
ESTATES PHASE 1 - PLAT SHOWING
ENCROACHMENT OF WHITE PVCRAIL FENCE
INTO WEST NECK PARKWAY RIGHT-OF-WAY
FOR COURTHOUSE ESTATES ASSOCIATES -
THE TAF GROUP, ARCHITECTURE
ENGINEERING CONSTRUCTION - SCALE: 1"
=100' - DATE: JAN. 23, 1995," a copy
of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED. HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of Courthouse Estates Associates, its heirs,
assigns and successors in title and that within thirty (30) days
after such notice is given, said encroachment shall be removed from
the city's right-of-way of West Neck Parkway and that Courthouse
Estates Associates, its heirs, assigns and successors in title
shall bear all costs and expenses of suc~ removal.
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AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Courthouse Estates Associates, its heirs, assigns
and successors in title shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Courthouse Estates Associates
executes an agreement with the City of Virginia Beach encompassing
the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of May__ , 19 9~
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04/24/95
CBC/tga
cahoon\courthou,ord
A~!~R~OVED AS TO CONT,:'NT
APPROVED AS TO
LEGAL SUFFICIENCY
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:
NANE Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
F Wayne McLeskey Jr 95 RE(l/2)
F Wayne McLeskey Jr 95 RE(l/2)
F Wayne McLeskey Jr 95 RE(l/2)
First Union Mortgage Corp 95 RE(l/2)
GE Capital Corp 95 RE(l/2)
Hattie V Rawls 95 RE(l/2)
Consolvo Markowitz & Webb 95 RE(2/2)
Life Savings Bank FSB 95 RE(l/2)
Maxwell D & Salley Sanders 95 RE(l/2)
Craig W Dale 95 RE(l/2)
B K Gordon 95 RE(l/2)
Jay Homes Inc 95 RE(l/2)
J & W Investments 95 RE(l/2)
Johnnie R & Page Hartley 95 RE(l/2)
Inland Mortgage Corp 95 RE(l/2)
Manfred & Ann V Schwarz 95 RE(l/2)
James W & Alyson Graybeal 93 RE(l/2)
James W & Alyson Graybeal 93 RE(2/2)
James W & Alyson Graybeal 92 RE(l/2)
James W & Alyson Graybeal 92 RE(2/2)
Toyota Motor Credit Corp N/A Pkqg
James M & Jeanne Callahan 95 RE(l/2)
077603-5 12/5/94 1,097.45
077623-1 12/5/94 142.05
077624-0 12/5/94 127.92
098450-5 11/23/94 15.41
070652-0 11/23/94 6.71
096724-9 11/10/94 59.25
133326-2 2/9/95 1,264.56
069859-3 12/5/94 8.55
103205-1 3/27/95 55.04
027187-4 3/20/95 83.28
044891-6 12/5/94 57.00
058739-2 11/25/94 9.98
060904-7 12/5/94 772.85
050450-6 12/5/94 20.03
086116-6 10/6/94 14.96
105017-4 11/28/94 67.90
044836-6 12/5/92 63.04
044836-6 5/29/93 63.04
044483-3 11/26/91 63.04
044483-3 6/5/92 63.04
288816 7/22/91 20.00
017469.4 3/20/95 154.66
Total 4,229.76
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
~ were approved by
'r ini
t.e Councu of C,y of
Beach on the day of .....
Ruth Hodges Smith
City Clerk
Ced ~ as to pay~t~)
~'ohr T. Atk~'nson, ~'re'~urer
Approved as to form:
Leslie L Lilleyl City Attorney
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A RESOLUTION AUTHORIZING THE CONVERSION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF ATLANTIC AVENUE AND LASKIN
ROAD, IN THE VIRGINIA BEACH BOROUGH
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~ 0
WHEREAS, S.A.S. Associates (hereinafter the "Applicant")
has made application to the City Council for authorization to
convert an existing indoor recreational facility consisting of an
indoor roller blade arena, a pinball/video arcade, a snack shop and
a gift shop situated on a parcel of land at the northeast corner of
Atlantic Aven~ae anti Laskin Road, in the Virginia Beach Borough, to
an indoor recreational facility consisting of a pinball/video
arcade, a snack shop, a gift shop, a petting zoo with pony rides,
a moonwalk, a velcro wall, a magic land, ~ootball toss and various
other similar acti~}tles; and
WHEREAS, such parcel is located in the RT-1 Resort
Tourist Zoning District; and
WHEREAS, the said establishment is a nonconforming use,
in that such estak~lishments are no longer permitted in the RT-1
Zoning District; a~
WHEREAS, pursuant to Section 1105 of the City Zoning
Ordinance, the conversion of the aforesaid establishment would be
unlawful in the absence of a resolution of the City Council
authorizing such conversion upon a findinq that the proposed use,
as converted, is equally appropriate or more appropriate to the
zoning district th~r~ ~ the existing use~
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, V~RGINIA:
That the City Council hereby finds that the proposed
establishment, as 2onverted, would be equally appropriate to the
zoning district as is the existing establishment.
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BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed conversion of the Applicant's
establishment be, and hereby is, authorized, upon the condition
that the hours of operation shall be limited to ]0 o'clock a.m. to
10 o'clock p.m., seven (7) days a week, and upon the further
condition that the use of live animals shall not be permitted
except on Sundays between the hours of 3 p.m. and 7 p.m. during the
period of May 1st through September 30th
The authorization herein set fDrth shall be valid for a
period of one (1) year, and may be renewed by the Director of
Planning without further action by the City Council.
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Adopted by
the 23rd day of May~
CA-95-5942
noncode\ sas. res
R-2
5-24-95
the Council
1995.
of the ~lty
of Virginia
Beach on
APPROVED AS TO CONTENT
Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department ~f Law
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1.2 AND 1.4 OF THE TREE
PLANTING, PRESERVATION AND
REPLACEMENT ORDINANCE OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA.
BE IT ORDAINED BY
BEACH, VIRGINIA:
That Sections
and Replacement
Beach, Virginia,
follows:
THE CITY COUNCIL OF THE CITY OF VIRGINIA
and 1.4 of the Tree Planting, Preservation
Ordinance of the Code of the City of Virginia
are hereby amended anal reordained to read as
Section 1.Z. Intent
It is the intent of the city of Virginia Beach to require the
planting of trees on residential lots and along residential
streets~, ~:ithin now residantial dcvclopmcnto. It is further
intended to perpetuate tree growth through these provisions, to
encourage tree preservation, provide adequate tree canopy and
numbers, in the best interests of the health, safety and welfare of
[appendix] shall
present and ~utur~ citizens.
Section 1.4. Application.
The terms and provisions of this ordinance
apply to property as tollows:
A. Residential
1. Al~ residential lots shall have trees planted, or
canopy cover provided, based upon the following
minimum requirements by lot size:
t - 4,999 square feet
(1) One (1) small tree per attached townhouse
interior lot.
(2) Two (2) smal~ or medium, trees for
attached townhouse end lots.
~ ....... ~-, .... pcr ~ac ................
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~"~ (2) ~
............ , trCc~ fok
(3) ~ TWO (2) small or medium trees for all
other lots=
b. 5,000 - 7,499 square feet1
300 square-foot canopy cover~
c. 7,500 9,999 square feetk
400 square-foot canopy cover=
d. 10,000 14,999 square feeti
600 square-foot canopy cover=
e. 15,000 - 19,999 square feeti
750 square-foot canopy cover=
f. 20,000 - 29,999 square feet1
900 square-foot canopy cover~.
g ~0 000 a~ ~
' , -~-,~9 6~5,33~ square feetl
],000 square-foot canopy cover~
h. 4~,~0 65,340 87,]]9 square feetl
500 square foot cancpy cc. r ~. each snc half
1500 square-foot canopy cover.
i. 87,200 square feet and greaterl
2,000 square-foot canopy cover~
Trees shall be selected from the specifications and
standards and shall be a minimum of five (5) to six
(6} feet in height for small trees at the time of
plantznq and one and one-half (1%) inch t__qo two (2)
inches ~ ~..~ ~
~z~ (~)--~w~ge~ caliper for medium
and large trees at the time of planting. Planting
shal be accomplished 1~ accordance with the
specL~cations and standards.
Existing or relocated trees~ on individual lots may
be used %o satisfy Section 1.4.A. provided that:
a. The trees meet or exceed the quantities
required for lots ~ne to four thousand nine
hundred ninety-nine (4,999) square feet or
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canopy cover as listed in Section 1.4.A.1.;
and
The trees have been protected in accordance
1 4.A... during construction and
with Section
are physically and structurally in good
diti
con on~ per the-
~ ar~srist
desi~ncc.
'Frees that have canopy extending over
adjoining lots will receive credit for only
that portion of canopy covering the lot from
plan when
permit.
Non-Acceptable
residential use
which the tree is growing. Credit for canopy
cover will be given when trees on adjoining
lots have canopy extending over an individual
lot, but only that portion extending will be
credited towards the required canopy cover for
the individual lot~ Canopy cover for street
trees shall be credited toward residential
lots in the amount of area on the individual
lot measured from the right of way line. This
credit will be considered only if the outline
of the tree canopy~_~quare footage of the tree
ganopy and type o~ tree are shown on the site
presented to obtain a building
trees: Trees selected for
shall not be of a specie, variety
or cultivar from the non-acceptable tree list, in
the specifications and ~tandards.
Tree protection during construction: Existing
trees that are to be used to meet the requirements
of Section 1.4 shall be protected in accordance
with the following: Before construction activity
begins, protective barriers must be securely in
place. Minimum undisturbed areas shall be
oetermined by multiplying the tree's diameter
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breast height (DBH), measured at four and one half
(4~) feet, by one (1) foot. This is the minimum
diameter that must be left undisturbed around each
tree. This area is approximately the area of the
outermost branches (drip line). All construction
activities shall be prohibited within the minimum
undisturbed areas, provided for
which credit is given toward
residential canopy requirements+
construction activities ~;hall also
within the minimum undisturbed areas,
excavating, filling, trenching,
stouage and dumping, and parking of
equipment/vehicles or employee vehicles.
.... ~ ............ = attorncy
..... are
~ ..... ed z thc ~ ~ ......
for the ~ ....... ~, ~
........... cost such ac~..~^ ..... ~ ~..~ amount of
~ .... d prlor to the -zum~u~u~l ..... u~ ~..~ bond.
Individual -~
............. may b~
shal~ ~c ........ ~ by thc
6_~. .Inspection and bondinq: Each lot shall be
inspected and approved prior to the issuance of the
certificate of occupancy or final inspection
any tree(s) for
satisfying the
Ail temporary
be prohibited
including all
construction
construction
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approval. Ail new trees must be identified with
species identification taqs and must remain ta~ed
until after the inspection is complete. The
inspection shall be performed by the Permits and
Inspections Division of the Department of Planning.
Where additional residential lot trees are
required, no certificate of occupancy or final
inspection approval shall be issued until the
required trees have been planted in accordance with
City of Virqinia Beac~.t~kcal plantinq standards.
When the occupancy of a structure is desired rior
to the coml_~_~ion of the residential lot tree
plantinq requirement, ~_temporary certificate of
occupancy may be issued if the owner or developer
provides to the Permits and Inspections Division of
disclosure statement
the installation of
the Department of Planninq a
acceptinq responsibility _for
the required trees.
B. Street Tree Planting:
1. Trees shall be planted within all public rights of
way in conjunction with new residential development
except resubdivisions, undeveloped rights of way
and townhouse developments where the street design
does not provide greenspace for street trees.
Trees shall be planted ]u accordance with a master
street tree plan, section 1.4.B~4., that is to be
included with the subdivision construction plans.
The master street tree olan is to be prepared in
approved by
accordance with Section ~.4.B.4. and
the planning director.
All street trees shall be a minimum of one and
three-fourths (1~) to two (2) inch caliper at time
o3 planting for standard trees and five (5) feet to
six (6) feet in height for multi-stem trees at time
o~ planting. Trees shal! be guaranteed to be in
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good physical condition as determined by the city
arborist or his designee, for a period of one (1)
year by the developer. The one-year period shall
commence from the time of final inspection.
Tree selection: Trees shall be selected from the
Specifications and Standards. Tree selection shall
be small or medium size add spaced according to the
recommended list o~ street trees in the
specifications and standards when distance between
sidewalk and curb is four (4) feet. Tree selection
shal~ be medium or ]arqe ~]ze and spaced according
to the recommended list of street trees in the
spec.fications and standards where the distance
between sidewalk and curb is greater than four (4)
fee~ or if a sidewalk is
Master street tree plan:
sha~ be prepared and
information:
,lot required.
A Master Street Tree Plan
contain the following
ao
A landscape plan drawn to the same scale as
the subdivision plan showing the location and
spacing of all trees to be planted.
Botanical names~ common names, sizes and
quantities.
?[anting details.
Location of all curb lines, sidewalks and
major utilities. Utilities conflicting with
p~acement of trees shall require an adjustment
of tree spacing. When adjustment is
necessary, spacing shall not exceed the
maximum allowable spacing. No trees shall be
placed within ten (10) feet of a street light
pole nor encroach within the visibility
triangle as defined by section 201(f) of the
city zoning ordinance~ Generally, a minimum
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5 o
so
of four (4) feet of green space on either side
of sidewalk shall be required.
Trees on residential lots shall not be used to
meet the requirement~ of street tree planting,
except when a lot or group of lots are heavily
wooded and the planting of street trees would
physically conflict with the canopy of the
residential trees. The street tree
requirements may be deleted in these areas
only. The planning director or his designee
shall determine [f such a conflict exists.
Bonding: A ~-~ ~ + ...... ~ ~+~. ~
-~ ..... to the ~ Prior
to the recordation of an~ final subdivision plat,
the developer shall provide a performance bond with
surety, cash escrow, irrevocable letter of credit,
any combination thereof~ or such other legal
arrangement acceptable to the city attorney to
cover the costs of such trees and their planting.
In the event that the developer fails to plant such
trees as required by this ordinance, the city may
use the performance bond to cover the cost of
purchase and planting of all required street trees.
In such event, the developer shall reimburse the
citz for any excess cost should the cost of
purchase and planting_of the trees exceed the
amount of securit~_~rovided. A bond shall be
required to cover the Guarantee period.
Exemptions:
1. The ~equirements of section 1.4.~ of this appendix
shall not apply to resubdivisions or to unimproved
rights of way.
2. The requirements of section 1.4.B shall not apply
to townhouse developments where the street design
7
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does not provide adequate greenspace for street
trees~
Compatibility with best management practices (BMPS). In
no case shall a subdivision be approved wherein the
design calls for the planting of trees over any
underground water retention areas.
250
251
Adopted by the Council of the City of Virginia Beach, Virginia
on the 23 day of May 1995~
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CA-5581
\ ORD IN \ PROPO S ED \ 49 - 01 ET S. OR[)
R-5
May 23, 1995
8
,'wo.co's CA.G£SX .ESOaT'
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOM$. JR, At Large
JOHN A BAUM, Black~oater Borough
LINWOOD 0 BRANCH I!1, V.gmta B~ach Borough
ROBERT K DEAN, Pnncess Anne Borough
~V ~V HARRISON, JR, Lynnhat~n Borough
HAROLD HEISCHOBER, At-Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Bay.d~ Borough
NANCY K PARKER, At Large
LOUISA M STRA YHORN, KempnMle Borough
]AMES K SPORE, Ctty Manager
LESLIE L LILLEY C~ty Attorney
RUTH HODGES SMITH, CMC I AAE C~ty Clerk
CITY COUNCIL AGENDA
May 23, 1995
O~ ~ ~
OUR NR~°
281 CIT~ tiAl L BUILDING
MUNICIPAl. ( ENTFR
VIRGINIA BEACll VIRGINIA 2~456
Ig04~ 427
I. AGENDA REVIEW SESSION
- Conference Room -
3:00 PN
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
II. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
Ill. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. IN3IOCATION:
Reverend Duke Whiteside
American Christian 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 - May 9, 1995
Go ADOPT A~ENDA FOR FORMAL SESSION
H· CONSENT AGENDA
The Consent Agenda will be determined during the AGENDA REVIEW and considered
in the ordinary course of business by City Council to be enacted by one motion.
I. RESOLUTION/ORDINANCES
i ·
Ordinance to AMEND and REORDAIN Section 2-224.11 of the Code
of the City of Virginia Beach re Minority Business Council.
Ordinance to AMEND and REORDAIN Chapter 23 of the Code of the
City of Virginia Beach by ADDING a new Section 23-44.2 re
placement of unrequested materials on residential property.
Resolution to request the Virginia Department of
Transportation (VDOT) establish a project for the improvement
of the Norfolk Southern Rail-Kellam Road Grade Crossing; to
use urban allocation for the required 10% match; to pay its
share of the preliminary engineering, right-of-way and
construction.
4~
Ordinance to authorize the City Manager to execute a farming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE BOROUGH).
·
Ordinances re Department of Public Works/Waste Management:
a. AMEND and REORDAIN Section 31-61 of the Code of the City
of Virginia Beach re fees at refuse disposal areas·
b. Increase tipping fees being charged by the Southeastern
Public Service Authority (SPSA):
(1) APPROPRIATE $2,069,250 to the FY 1995-1996
Operating Budget
(2) APPROPRIATE $836,800 to the FY 1994-1995 Operating
Budget
(3) TRANSFER 827,200 to the FY 1994-1995 Operating
Budget from the General Fund Reserve for
Contingencies·
AND,
C·
Re funding the extension of commercial waste management
services to the Resort Area:
(1) APPROPRIATE $184,237 to the FY 1994-1995 Operating
Budget.
·
Ordinance to APPROPRIATE $1,100,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 1994-1995
Operating Budget in support of the FEMA Urban Search and
Rescue Team, Virginia Task Force Number 2, re personnel costs,
equipment and supplies used in support of the Team's
activities in the aftermath of the Oklahoma City Bombing.
.
Ordinance to APPROPRIATE $24,000 from the DEA Seized Property
Special Revenue Fund balance to their FY 1994-1995 Operating
Budget re purchase of a hazardous incident robot.
·
Ordinance to APPROPRIATE $7,170 from the Library Gift Fund to
the Virginia Beach Public Library's FY 1994-1995 Operating
Budget re purchase of books, descriptive videos and mailing
cases.
·
Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of West Neck Parkway to Courthouse Estate
Associates re construction and maintenance of an existing and
proposed white rail vinyl fence.
10. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
Tom's Limo Service
11. Ordinance to authorize tax refunds in the amount of $4,229.76.
J. PUBLIC HEARING - PLANNING
7:00 PM
1. PLANNING BY CONSENT - To be determined during the AGENDA REFIEW.
·
Application of S. A. S. ASSOCIATES for the conversion of a
nonconforming use at the Northeast corner of Atlantic Avenue
and Laskin Road, containing 18,750 square feet, to allow an
indoor recreational facility (pinball, video arcade and
various other activities) (VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
·
Application of VICTOR M. WEST for the enlargement of a
nonconforming use at 4100 Charity Neck Road, containing
24,040.76 square feet re addition of second story (storage and
living quarters) to existing structure (PUNGO BOROUGH).
Recommendation:
DEFERRAL
·
Application of LOTUS CREEK ASSOCIATES, L.P. for a Variance
to Section 4.4(d) of the Subdivision Ordinance which requires
all newly created lots have direct access to a public street
at 2700 Atwoodtown Road, (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
.
Application of FIRST CHINESE BAPTIST CHURCH for a Conditional
Use Permit for a church Darkina lot on the Northeast side of
-- v
Pritchard Road, Northwest of South Lynnhaven Road, on Lot 13
and a portion of Lot 12, Block S, Booker Washington Park,
containing 14,197.6 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
·
Application of AMERI-CASH CAR & TRUCK RENTAL, INC., for a
Conditional Use Permit for motor vehicle sales & rental and an
automated indoor carwash on the South side of Virginia Beach
Boulevard on Lots 3, 4 and 5, Block 36, Euclid Place (4935
Virginia Beach Boulevard), containing 7500 square feet
(BAYSIDE BOROUGH)·
Recommendation:
APPROVAL
·
Application of STERLING W. and BONNIE J. THACKER for the
modification of proffers placed on the January 8, 1991,
application for a Conditional Change of Zoning from AG-2
Aaricultural District to B-2 Community Business District at
3756 Indian River Road (KEMPSVILLE BOROUGH).
Recommendation-.
APPROVAL
·
Application of DEVELOPMENT OPTIONS, INC., for Conditional
Chanaes of Zonina District Classification to B-2 Community
business District (KEMPSVILLE BOROUGH):
a·
from R-5D Residential DuPlex District at the Northwest
--
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
bo
from I-1Liaht Industrial Distr~ct on the Southwest side
of Princess Anne Road beginning at a point 290 feet more
or less Northwest of Lynnhaven Parkway (4233 Princess
Anne Road), containing 23.44 acres
Recommendation-.
APPROVAL
·
Application of D. MURRAY MALBON for a Change of Zoning
District ClassificatlD~ from A-~2 Apartment District to R-5S
Single Family District on the South side of Carver Avenue
beginning at a point 307.2 feet West of Birdneck Road,
containing 11,252 square feet (LYNNHAVEN BOROUGH).
Deferred:
March 14, 1995
Recommendation:
APPROVAL
10. Application of ANCHORAGE FARMS, L.L.C., for a Change of ZoniDg
District Classification from R-30 Residential District to R-20
Residential District on the East side of Little Neck Road
beginning at a point 269.14 feet South of Newcastle Road,
containing 6.3572 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
11. Application of JOSEPH W. GODWIN, JR., for a Modification to
the Green Run Planned Unit Development Land Use Plan to allow
an automotive service establishment on the North side of
Lynnhaven Parkway, 190 feet East of Primrose Lane
(1341Lynnhaven Parkway), containing 35,675.64 square feet
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
12. Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation an4 Replacement
Ordinance re residential and street trees and bonding
requirements.
Recommendation: APPROVAL
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
COIG - REVIEW AND ALLOCATION COMMITTEE
EROSION COMMISSION
MINORITY BUSINESS COUNCIL
RAAC - RESORT AREA ADVISORY COMMISSION
VML - VIRGINIA MUNICIPAL LEAGUE 1995 Policy Committees
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
* * * * * * * * *
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)
* * * * * * * * *
054/18/95CMD
AGENDA\05-23-95 . PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirgInia Beach, VirginIa
May 23, 1995
Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, May 23,
1995, at 3:14 P.M..
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Harold Heischober, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
-2-
AGENDA
REVIEW
3:14 P.M.
SESSION
ITEM # 39208
Council Lady Henley referenced:
1.1.
Ordinance to AMEND and REORDAIN Section 2-224.11 of
the Code of the City of Virginia Beach re Minority Business
Council.
Council Lady Henley had requested this Ordinance be prepared to track the State Procurement Act.
Council Lady Henley quoted a portion of this Act: "All public bodies shall establish programs consistent
with all provisions of this Chapter to facilitate participation of small businesses and businesses owned
by women and minorities in procurement transactions..."
Council Lady Strayhorn advised she conferred with Patti Phillips, Director of Finance, and advised the
City is in compliance. Council Lady Strayhorn had been willing to include "women" within the ordinance,
as this was a problem that needed to be identified and tracked more closely as well as doing more than
what was presently being done. Council Lady Strayhorn had prepared another ordinance including this
verbiagoA and wouM be happy to have that as a compromise. As far as small businesses, the City has
always been in compliance.
Assistant City Attorney Randall Blow advised the City is not required to have a Minority Business
Council; however, if the Council chooses to have a Minority Council. the City Council can define the
perimeters of the concerns City Council will address. The State regulations do address small businesses,
minority owned businesses and women in business. The City Council has latitude to determine the charge
of the Minority Business Council.
ITEM # 39209
Mayor Oberndorf referenced:
12. Ordinance to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach by ADDING a new Section
23-44.2 re placement of unrequested materials on residential
property.
Councilman Dean inquired relative enforcement. Mayor Oberndorf advised the Ordinance was requested
as handbills or similar materials placed on private property are a nuisance to some property owners and,
if permitted to accumulate, are not only unsightly, but may also signal potential burglars and vandals that
the occupants of the property are away. Assistant City Attorney Randy Blow advised this will be
enforceable by the Police. The posting of a "No Solicitation" sign will advise the occupant does not
desire advertising matter on his property. The public will be advised. The Ordinance will be AMENDED
and not be effective until August I, 1995.
May 23, 1995
-3-
AGENDA
REVIEW
3:14 P.M.
SESSION
ITEM # 39210
Councilman Dean inquired relative:
1.4. Ordinance to authorize the City Manager to execute a farming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE
BOROUGH).
Councilman Dean advised the fee of $20.00 per acre is a very good deal for Mr. Sawyer. Jim Lawson,
Real Estate, advised this parcel is basically landlocked. Funds would have to be expended for pipes,
ditches and access roads to this property. Thts Ordinance will enable the property to be under cultivation
for one year. Under existing Federal Regulations, land that is not cultivated over a continuous period of
time may revert to wetlands. This could possibly jeopardize the City's ability for future development of
the property. Thts City Staff will bring this back within a year.
ITEM # 39211
Councilman Dean requested a Briefing by City Staff relative:
1.5. Ordinances re Department of Public Works/Waste Management:
a. AMEND and REORDAIN Section 31-61 of the Code of the
City of Virginia Beach re fees at refuse disposal areas.
b. Increase tipping fees being charged by the Southeastern Public Service Authority
(SPSA) '
(1). APPROPRIATE $2,069,250 to the FY 1995-1996 Operating Budget
(2). APPROPRIATE $836,800 to the FY 1994-1995 Operating Budget
(3) TRANSFER $27,200 to the FY 1994-1995 Operating Budget from the General
Fund Reserve for Contingencies.
Councilman Dean did not understand the increase in tipping fees by 79%.
ITEM # 39212
Councilman Dean referenced:
L7. Ordinance to APPROPRIATE $24,000 from the DEA Seized
Property Special Revenue Fund balance to their FY 1994-1995
Operating Budget re purchase of a hazardous incident robot
Councilman Dean had informed the City Manager that Fort Story also had a very large, sophisticated
robot that they utilize in their Explosives Disposal Unit. The City Manager advised Fort Story has been
reluctant to allow the Ctty to utilize this robot unless the City has personnel trained in this particular
piece of equipment. This robot is not always in operation. It is not always in a "charge" condition. The
robot the City is procuring is multi-purpose and can be utilized by the SWAT team for hostage situations.
It is more than just an explosives unit.
May 23, 1995
-4-
AGENDA RE VIEW SESSION
ITEM # 39213
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
RESOLUTION~ORDINANCES
L2.
Ordinance to AMEND and REORDAIN Chapter 23 of the
Code of the City of Virginia Beach by ADDING a new Section
23-44.2 re placement of unrequested materials on residential
property.
1.3.
Resolution to request the Virginia Department of Transportation
(VDOT) establish a project for the improvement of the Norfolk
Southern Rail-Kellam Road Grade Crossing; to use urban
allocation for the required 10% match; to pay its share of the
preliminary engineenng, right-of-way and construction.
L4.
Ordinance to authorize the City Manager to execute a farming
lease between the City and William E. Sawyer re a 300-acre
parcel of land West of Princess Anne Road and North of the
Municipal Center in Lake Ridge (PRINCESS ANNE
BOROUGH).
L5. Ordinance re Department of Public Works/Waste Management:
(c) Re funding the extension of commercial waste management
services to the Resort Area.
APPROPRIATE $184,237 to the FY 1994-1995 Operating Budget.
L6.
Ordinance to APPROPRIATE $1,100,000 from the Federal
Emergency Management Agency (FEMA) to the Fire
Department's FY 1994-1995 Operating Budget in support of
the FEMA Urban Search and Rescue Team, Virginia Task
Force Number 2, re personnel costs, equipment and supplies
used in support of the Team 'S activities in the aftermath of the
Oklahoma City Bombing.
17.
Ordinance to APPROPRL4TE $24,000 from the DEA Seized
Property Special Revenue Fund balance to their FY 1994-1995
Operating Budget re purchase of a hazardous incident robot.
L8.
Ordinance to APPROPRIATE $7,170 from the Library Gift
Fund to the Virginia Beach Public Library's FY 1994-1995
Operating Budget re purchase of books, descriptive videos and
mailing cases.
L9.
Ordinance to authortze a temporary encroachment into a
portion of the right-of-way of West Neck Parkway to
Courthouse Estate Associates re construction and maintenance
of an existing and proposed white rail vinyl fence.
LIO. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
Tom's Limo Service
Lll. Ordinance to authorize tax refunds in the amount of $4,229.76.
May 23, 1995
-5-
AGENDA RE VIEW SESSION
ITEM # 39214
Council Lady Henley inquired relative the care of the animals utilized in the Petting Zoo and pony rides.
J. 2. Application of S. A. S. ASSOCIATES for the conversion of a
nonconforming use at the Northeast corner of Atlantic Avenue
and Laskin Road, containing 18, 750 square feet, to allow an
indoor recreational facility (pinball, video arcade and various
other activities) (I/TRGINL4 BEACH BOROUGH).
This item will be pulled for City Staff to respond to concerns.
ITEM # 39215
Council Lady Henley advised this application will be DEFERRED, but she does have concerns relative
an additional nonconforming use.
J. 3. Application of VICTOR M. WEST for the enlargement of a
nonconforming use at 4100 Charity Neck Road, containing
24, 040. 76 square feet re addition of second story (storage and
living quarters) to existing structure (PUNGO BOROUGH).
ITEM # 39216
Councilman Dean expressed concerns relative the fencing:
J. 5. Application of FIRST CHINESE BAPTIST CHURCH for a
Conditional Use Permit for a church parking lot on the
Northeast side of Pritchard Road, Northwest of South
Lynnhaven Road, on Lot 13 and a portion of Lot 12, Block S,
Booker Washington Park, containing 14,197.6 square feet
(L YNNHA VEN BOROUGH).
ITEM # 39217
Councilman Dean expressed concerns relative landscaping.
J. 6. Application of AMERI-CASH CAR & TRUCK RENTAL,
INC., for a Conditional Use Permit for motor vehicle sales &
rental and an automated indoor carwash on the South side of
Virginia Beach Boulevard on Lots 3, 4 and 5, Block 36, Euclid
Place (4935 Virginia Beach Boulevard), containing 7500
square feet (BAYSIDE BOROUGH).
ITEM # 39218
Councilman Jones advised there was OPPOSITION to this application.
J. 7. Application of STERLING W. and BONNIE J. THACKER for
the modification of proffers placed on the January 8, 1991,
application for a Conditional Change of Zoning from AG-2
Agricultural District to B-2 Community Business District at
3756 Indian River Road (KEMPSVILLE BOROUGH)
May 23, 1995
-6-
AGENDA RE VIEW SESSION
ITEM # 39219
Council Lady Strayhorn advised this application will be DEFERRED until the City Council Session of
June Thirteenth.
J. 8. Application of DEVELOPMENT OPTIONS, INC., for
Conditional Changes of Zoning District Classification to B-2
Communi~_ business District (KEMPSVILLE BOROUGH):
a.
from R-5D Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
from I-1 L~ht Industrtal District on the Southwest side of
Princess Anne Road beginning at a point 290 feet more or less
Northwest of Lynnhaven Parkway (4233 Princess Anne Road),
contmning 23 44 acres.
Mayor Oberndorf expressed concerns relative access from Princess Anne Road.
ITEM # 39220
Councilman Dean reiterated concerns relative landscaping.
J. 11. Application of JOSEPH W. GODWIN, JR., for a Modification to
the Green Run Planned Unff Development Land Use Plan to
allow an automotive service establishment on the North side of
Lynnhaven Parkway, 190 feet East of Primrose Lane
(1341 Lynnhaven Parkway), containing 35,675.64 square feet
(PRINCESS ANNE BOROUGH).
Councilman Branch suggested the Landscape Ordinance should be AMENDED.
ITEM # 39221
Mayor Oberndorf referenced correspondence from Mrs. Reba S. McClanan expressing concerns and
requesting a disclaimer of her involvement in the formulation of this Ordinance.
J. 12. Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation and Replacement
Ordinance re residential and street trees and bonding
requirements.
Council Lady Parker said knowing the sensitivity of this particular issue, the circulation list of those
involved in this issue was very broad and efforts were made not to exclude anyone. An attempt was made
to incorporate all concerns into the Ordinance.
May 23, 1995
-7-
AGENDA REVIEW SESSION
ITEM # 39222
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
PLANNING
J. lO
Application of LOTUS CREEK ASSOCIATES, L.P. for a
Variance to Section 4.4(d) of the Subdivision Ordinance which
requires all newly created lots have direct access to a public
street at 2700 Atwoodtown Road, (PRINCESS ANNE
BOROUGH).
Application of AMERI-CASH CAR & TRUCK RENTAL,
INC., for a Conditional Use Permit for motor vehicle sales &
rental and an automated indoor carwash on the South side of
Virginia Beach Boulevard on Lots 3. 4 and 5, Block 36, Euclid
Place (4935 Virginia Beach Boulevard), containing 7500
square feet (BAYSIDE BOROUGH).
Application of DEVELOPMENT OPTIONS, INC., for
Conditional Changes of Zoning District Classificatton to B-2
Community business District (KEMPSVILLE BOROUGH):
a. from R-5D Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
b. from I-1 Light Industrial District on the Southwest side of
Princess Anne Road beginning at a point 290 feet more or less
Northwest of Lynnhaven Parkway (4233 Princess Anne Road),
containing 23.44 acres
Application olD. MURRAY MALBON for a Change of Zoning
District Classification from A-12 Apartment District to R-5S
Single Family District on the South side of Carver Avenue
beginning at a point 307.2 feet West of Birdneck Road,
containing 11,252 square feet (LYNNHAVEN BOROUGH).
Application of ANCHORAGE FARMS, L.L.C., for a Change of
Zoning District Classification from R-30 Residential District
to R-20 Residential District on the East side of Little Neck
Road beginning at a point 269.14 feet South of Newcastle
Road, containing 6.3572 acres (LYNNHAVEN BOROUGH).
May 23, 1995
-8-
CITY COUNCIL CONCERNS
4:10 P.M.
ITEM # 39223
Councilman Dean advised requests from the Lake Placid subdivision to have the City Manager remove
all the Southeastern Expressway signs. The City Manager advised a briefing has been SCHEDULED
during a City Council Session in June. If City Council wishes the signs removed now, the staff will
certainly accommodate them. Councilman Dean said he wouM advise the residents relative the Briefing.
ITEM # 39224
Councilman Dean referenced RECONSIDERATION OF CONDITION to the March 26, 1990, Approved
Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use Permit for a borrow
~ for SANIFILL, INC. Robert J. Scott, Director of Planning, advised one of the condittons was the fill
must be inert material only. The SANIFILL group is involved in disposing of construction debris which
technically is not inert. Therefore, they are requesting the deletion of that one word from the various
conditions placed on the previous approval
Councilman Dean suggested with the demise of the landfills, the life of this landfill be extended as long
as possible. With any of that asphalt or concrete being delivered, the requirement should be enforced for
a rock crusher to be on hand and all of the material sent out to City or private projects as a base for
highways. With any other large piles of concrete stockpiled throughout the City, the City Staff and the
Economic Development Authority should consider bringing in a couple of rock crushers to the Lake Ridge
site and then, after the initial pilings are dug and the soil stabilized, all of the concrete be crushed to
enable this material to be the base for the berm and then cap the top wtth dirt. Robert Scott, Director of
Planning, advised this item is being brought back to City Council in order for concerns to be expressed.
Mayor Oberndorf advised Mr. Reid of Cellar Door has assured the City he is investigating using recycled
asphalt for the parking lots of the amphitheater. Mr. Reid also advised that apparently concrete does not
settle uniformly. Concrete expands and contracts according to the weather. Mr. Reid will have to confer
with engineers to determine if the settling of soil would be a better berm and buffer to contain the sounds
of the concert.
Ralph Smith, Director of Public Works, advised for several years the City recycled asphalt as part of the
paving process. This saves money and gives better road beds. Processing reinforced concrete becomes a
very expensive item. The operation of the crushers on that type of material is a major undertaking with
its own environmental problems. It is typically not effective unless massive fill is involved. However, the
City staff will investigate.
Council Lady Strayhorn advised she had attended the Public Hearings relative Sanifill, Inc., held by the
Lake Edward and Lake James Community as they wouM be directly impacted.
Councilman Harrison advised the contract is being awarded this week for the earth movement of the
amphitheater. Councilman Harrison did not believe the fill material could be redesigned for the berm.
Councilman Baum advised concrete does not settle evenly and is an unpredictable base.
Council Lady Parker said a rock crusher was utilized on the Brown property, on 17th Street, and the
reconstruction on Virginia Beach Boulevard at Princess Anne Plaza Shopping Center.
May 23, 1995
-9-
CITY COUNCIL CONCERNS
ITEM # 3922.$
Councilman Baum referenced tire burning on Baum Road with a sign stating "Controlled Burning". The
City Manager will have the Fire Department investigate.
ITEM # 39226
Council Lady Parker advised she requested the City Attorney brief City Council during the Formal
Session under Unfinished Business, relative the issue of REAPPORTIONMENT.
May 23, 1995
- 10 -
ITEM # 3922 7
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Conference Room, City Hall Building, on Tuesday, May 23, 1995, at 4:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
May 23, 1995
- 11 -
ITEM # 39228
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (I).
To Wit: Appointments. Boards and Commissions:
Arts and Humanities Commission
COIG -Review and Allocation
Erosion Commisston
Minority Advisory Council
RAAC - Resort Area Advisory Commission
VlffL - Virginia Municipal League
Annual Performance Evaluations - Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2 1-344(A)(3).
To-Wit: Acquisition of Property - Virginia Beach Borough
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr.. Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay.
None
Council Members Absent.
None
May 23, 1995
- 12 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
May 23, 1995
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 23, 1995, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend Duke Whiteside
Mission of St. Paul
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, ABSTAINED on the application
of STERLING W. AND BONNIE J. THACKER for modification of proffers (J 7) and disclosed there were
no other matters on the agenda in which he has a "personal ~nterest", as defined in the Act, either
individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes
this Disclosure as he may or may not know of the Bank's interest in any application that may come before
City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
May 23, 1995
- 13 -
Item III-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM it 39229
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., HaroM Heischober. Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
I
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote recorded in ITEM # 39228 Page No. 11 and in accordance with
the provisions of Thc 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 Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) 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.
Ru(h H°dges Snt~h, QMC/AAE
City Clerk
May 23, 1995
- 14 -
Item III-F. 1.
MINUTES
ITEM # 39230
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 9, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
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- 15 -
Item III-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39231
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 23, 1995
- 16 -
Item III-I.
CONSENT AGENDA
ITEM # 39232
RESOLUTIONS~ORDINANCES
Upon motion by V~ce Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED in
ONE MOTION, Items 1, 2 (AS AMENDED), 3, 4, 5 c., 6, 7, 8, 9, 10 and 11 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III*, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker**, Vice Mayor William
D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
*Councilman Branch ABSTAINED on Item 1.5. c., as he is an owner ora hotel tn the resort which will be
utilizing the commercial waste management services.
**Council Lady Parker ABSTAINED on Item I. 1., as she did not support this Ordinance in the beginning.
May 23, 1995
-17-
Item III-L 1.
CONSENT AGENDA
ITEM # 39233
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-224.11 of the Code
of the City of Virginia Beach re Minority Business Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison. Jr., 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:
None
Council Members Abstaimng:
Nancy lC Parker
Council Members Absent:
None
**Council Lady Parker ABSTAINED on Item L 1., as she did not support this Ordinance in the beginning.
May 23, 1995
Requested by Councilmember Barbara M. Henley
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-224.11 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE MINORITY BUSINESS
COUNCIL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Section 2-224.11 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
Sec. 2-224.11. Duties, powers and functions.
The Minority Business Council shall serve as an advisory
agency to the City Manager and the City Council with respect to the
city's procurement policies and procedures and shall be vested with
the following duties, powers and functions:
(a) To advise the City Manager and the City Council on policy
and procedural issues involved in:
(1) The city's established policy of equal opportunity
and nondiscrimination in procurement;
(2) The city's continuing efforts to encourage the
participation of minority-owned businesses~ small businesses, and
businesses owned by women in city contracts; and
(3) The city's assurance that its procurement
opportunities are made available to all persons, regardless of
race, religion, color, sex, national origin or handicap.
(b) To institute, conduct, and engage in educational and
training programs to promote minority the involvement of minority-
owned businesses, small businesses, and businesses owned by women
in the public procurement process.
(c) To serve as a forum for the discussion and development of
-~~'-~ the awareness of minority-owned businesses, small
businesses, and businesses owned by women of the procurement
process.
(d) To provide City Council and the City Manager with an
annual written report of the Minority Business Council's activities
on or before December 31st of each year.
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(e) To adopt rules and procedures for the conduct of its
affairs.
The Minority Business Council shall not be empowered or
authorized to provide advice or assistance with respect to, or
otherwise become involved in, individual procurement solicitations,
evaluations, awards, disputes or protests.
Adopted by the City Council of the City of Virginia Beach on
this 23rdday of May 1995.
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CA-5869
DATA/ORDIN/PROPOSED/2-224.11. ORD
MARCH 30, 1995
R1
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- 18 -
Item III-I. 2.
CONSENT AGENDA
ITEM # 39234
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND and REORDAIN Chapter 23 of the Code of the
City of Virginia Beach by ADDING a new Section 23-44.2 re placement
of unrequested materials on residential property.
*This Ordinance shall become effective August 1, 1995.
Voting: 11-0
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Robert I~ Dean, William W
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
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Requested by Mayor Meyera E. Oberndorf
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
ADDING A NEW SECTION 23-44.2
PERTAINING TO THE PLACEMENT OF
UNREQUESTEDMATERIALS ON RESIDENTIAL
PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 23 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained by adding a new Section
23-44.2 to read as follows:
Seo. 23-44.2. Placement of unrequested materials on residential
property.
(a} It shall be unlawful for any person to place or cause to
be placed any commercial or non-commercial sample, handbill,
dodger, brochure, circular, paper or other material of a similar
nature on any private property on which there is conspicuously
posted a "no solicitation" sign or any similar sign which clearly
indicates that the owner or occupant of the property does not want
to receive such materials.
(b) The materials set forth in subsection (a) of this section
shall not be deemed to include (i) materials delivered or
distributed by any federal, state or local governmental agency, or
(ii) materials delivered or distributed pursuant to an active
subscription.
(c) Any person violating this section shall be guilty of a
Class 3 misdemeanor.
This Ordinance shall become effective on August 1, 1995.
Adopted by the City Council of the City of Virginia Beach on
this 23rdday of May 1995.
CA-5866
DATA/ORD I N/PRO PO S E D/23 - 44 - 2 . ORD
APRIL 28, 1995
R3
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 19 -
Item III-L3.
CONSENT AGENDA
ITEM # 39235
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to request the Virginia Department of Transportation
(VDOT) establish a project for the improvement of the Norfolk Southern
Rail-Kellam Road Grade Crossing; to use urban allocation for the
required 10% match; to pay its share of the prehminary engineering,
right-of-way and construction.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
PROJECT PROGRAMMING RESOLUTION
RAIL/HIGHWAY GRADE CROSSING PROJECT
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the City of Virginia Beach,
Virginia, requests the Virginia Department of Transportation to
establish a project for the improvement of the Norfolk Southern
Rail-Kellam Road Grade Crossing.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach hereby agrees to use urban allocation funds for the required
10% matching funds, and to pay its 2% share of the 10.0% total cost
for preliminary engineering, right-of-way, and construction of this
project, and that if the City subsequently elects to cancel this
project, the City hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
ADOPTED THIS 23rd DAY OF May 19 95
CITY OF VIRGINIA BEACH, VIRGINIA
ATTEST BY:
MAYOR/CITY MANAGER
CLERK OF COUNCIL
AP~'.~,O',%D AS TO I. EOAt
~i~Y AT~ORN~
- 20 -
Item 111-I.4.
CONSENT AGENDA
ITEM # 39236
RES OL UTIONS/ ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a farming lease
between the City and William E. Sawyer re a 300-acre parcel of land
West of Princess Anne Road and North of the Municipal Center in Lake
Ridge (PRINCESS ANNE BOROUGH)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A FARMING LEASE FOR 300 ACRES OF THE
LAKE RIDGE PROPERTY WITH WILLIAM E. SAWYER
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WHEREAS, the City is the owner of a parcel of land
situated west of Princess Anne Road and north of the municipal
center in excess of 1000 acres and known as Lake Ridge; and
WHEREAS, William E. Sawyer has been farming 300 acres of
the property under an agreement with the Lake Ridge development
group prior to its purchase by the City; and
WHEREAS, these 300 acres are not needed for the
development of the City's amphitheater project to be built on other
acreage on the Lake Ridge site; and
WHEREAS, under existing Federal Regulations, land that is
not cultivated over a continuous period of time may revert to
wetland; therefore, it is in the City's best interest to make sure
the agricultural land continues to be cultivated pending
implementation of the City's development plan for the site; and
WHEREAS, William E. Sawyer proposes to lease this 300
acres of the Lake Ridge property for an annual rental amount of
$6,000.00; and
WHEREAS, William E. Sawyer has executed a one-year lease
based on this amount.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
lease agreement between William E. Sawyer and the City of Virginia
Beach in a form substantially the same as the agreement dated April
21, 1995, attached hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of May , 1995.
CA-5950
ORDIN\NONCODE\SAWYER. ORD
R-1
05/09/95
APPROVED AS TO CONTENT
I~artment o f Pubhc Works/O ffice of Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
ION MAP
APPROX. 300 ACRES OF
AGRICULTURAL LAND
(PORTION OF LAKE RIDGE TRA~)
TO BE LEASED
TO WILLIAM E. SAWYER
· ~~'~~~~LE: 1" -- 1600'
PREPARED BY P/W ENG. DRAFT. 05,01/95
THISAGREENRNT, made this~~----+day of . ~ ,
1995, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR),
a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "CITY" or "Lessor," party of the first
part, and WILLIAM E. SAWYER (GRANTEE/LESSEE), hereinafter referred
to as "Lessee," party of the second part.
W I TNES SETH
1. LEASED PREMISES. That for and in consideration of
the rents, covenants and agreements hereinafter reserved and
contained on the part of the Lessee to be observed and performed,
CITY leases to Lessee and Lessee rents from CITY the following
property delineated in red upon the attached plat labelled "Exhibit
1" entitled "MAP SHOWING LAKE RIDGE PROPERTY CITY OF VIRGINIA
BEACH, VA BUREAU OF MAPPING," dated November 28, 1994, and denoted
as "APPROXIMATELY 300 ACRES AGRICULTURAL LAND WITHIN GPIN 1494-34-
1160" (hereinafter the "Property"), reference being made to said
survey for a more accurate description thereof.
2. RENT. That for and in consideration of the sum of
$6,000.00 per year, payable in two (2) installments, the CITY does
hereby lease and demise unto Lessee the Property. The installments
are payable as follows:
On or before May 1, 1995, the sum of $1,500.00.
On or before November 1, 1995, the sum of $4,500.00.
3. TERM. The term of this Agreement shall be for one
year from May 1, 1995, to April 30, 1996. This lease may be
renewed for four (4) successive one-year terms at the City's sole
discretion, based on the following conditions and stipulations:
A. The Lessee must request, in writing, a renewal
not later than January 31 before the lease shall expire~ and
B. Lessee must be in compliance with all terms and
conditions of the original lease~ and
C. The rental amount is subject to negotiation for
each year's renewal~ and
D. Ail other terms and conditions of the original
lease shall remain in force for each renewal term, at the City's
sole discretion.
4. USE OF PROPERTY - AGRICULTURAL PURPOSES. Lessee
covenants that the Property shall be used solely for agricultural
purposes. Ail the Property that can be placed under irrigation and
is suitable for farming, shall be farmed during the term of the
lease, in a good and farmlike manner. If the Property or any part
thereof is not so farmed, or is permitted to deteriorate, or if any
waste is caused or permitted thereon by Lessee, this lease may be
terminated on thirty (30) days' notice by CITY. Waste, as the term
is employed herein, shall include the cutting or removal of any
timber on the Property, except as approved in writing by the CITY.
Lessee shall use the Property only for the purposes
listed herein and any other use thereof unless necessarily
incidental to such listed and allowed uses shall constitute a
breach of the Agreement and cause its immediate termination. The
Property is leased by CITY to Lessee "as is," and the sole
responsibility for the maintenance and upkeep of the Property shall
be with the Lessee.
5. ASSIG~ AND SUB-LEASE. This lease may not be
assigned or transferred, and the Property shall not be sublet,
either in whole or in part, by Lessee without the CITY's prior
written consent.
6. TERMINATION AND RIGHT OF ENTRY BY CITY.
A. Lessee shall not be entitled to renew this
Agreement in the event Lessee is in default in the performance of
any of the covenants, terms or conditions of this Agreement.
B. The CITY reserves the right at any time without
prior written notice to enter upon the Property.
C. The parties acknowledge that the CITY has
certain powers, purposes and responsibilities. To discharge its
powers, purposes or responsibilities, the CITY shall have the right
to require Lessee to immediately dismantle and remove any and all
improvements from the Property, within four hours after notice is
given to Lessee. Then the CITY shall have the exclusive right to
use the Property , and Lessee shall surrender possession and
control to the CITY.
D. Further, the CITY reserves the right to
terminate this lease by giving written notice to Lessee ninety (90)
days in advance. Any rent paid in advance by Lessee shall be
returned by the CITY in an amount prorated according to the actual
period of occupancy.
E. Should it become necessary for CITY to enter
upon the Property in accordance with paragraph 6.C of this
Agreement, and if such action causes damage to, or loss of, any or
all of the Lessee's unharvested crop, CITY agrees to pay to Lessee
a mutually agreed upon sum to cover Lessee's loss provided that
such sum shall not exceed the annual rental amount. Lessee must
submit a written claim to the CITY within sixty (60) days of the
date on which damage was sustained.
7. Lessee will keep all equipment and improvements
placed upon the Property in a safe, clean, and orderly condition;
be responsible for all activities on the Property; and will act
immediately in response to any notices by the CITY with reference
to the forgoing.
It is further understood and agreed as part of the
consideration hereof, that Lessee shall be responsible for the
maintenance and/or repair of the Property arising out of Lessee's
use of the Property. Should any maintenance and/or repair work be
required during the term of this Agreement and any determination of
Lessee's liability for said maintenance and/or repair work be
deemed necessary, then the decision of the CITY as to the scope of
the required work and the amount of such liability shall control
and be binding on Lessee.
Upon termination thereof pursuant to the terms hereof,
Lessee shall promptly restore the Property to the same condition
existing prior to its occupancy.
8. CITY'S RIGHT TOGRANTEASEMENTS. CITY reserves the
right to grant easements and rights of way across or upon the
leased Property, for streets, alleys, public highways, drainage,
utilities, telephone and telegraph transmissions lines, pipelines,
irrigation canals, and similar purposes.
9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall
indemnify and save harmlessthe CITY and all its employees from and
against all losses and expenses incurred because of claims,
demands, payments, suits, actions, recoveries, and judgements of
every nature and description brought or recovered against them by
reason of any injuries to property or person, including death,
occurring on the Property or arising out of Lessee's use of the
Property. During the term of the lease, Lessee shall obtain and
keep in force All Risk Property Insurance and General Liability
Insurance or such insurance as is deemed necessary by the CITY, and
all insurance policies shall name the CITY as additional named
insured or loss payee, as applicable. Lessee agrees to carry
Comprehensive General Liability Insurance in an amount not less
than $1,000,000.00, combined single limits of such insurance policy
or policies. Lessee shall provide endorsements providing at least
thirty (30) days written notice to the CITY prior to the
cancellation or termination of, or material change to, any of the
insurance policies. It is the intent of this Agreement that Lessee
shall assume all responsibilities and liabilities, vested or
contingent, with relation to the Property.
10. APPLICABLR LAW. This Agreement shall be deemed to
be a Virginia Agreement and shall be governed as to all matters
whether of validity, interpretations, obligations, performance or
otherwise exclusively by the laws of the Commonwealth of Virginia,
and all questions arising with respect thereto shall be determined
in accordance with such laws. Regardless of where actually
delivered and accepted, this Agreement shall be deemed to have been
delivered and accepted by the parties in the Commonwealth of
Virginia.
COMPLIANCE WITH AT.nLAWS. Lessee shall comply with
all laws, rules and regulations of CITY and all other governmental
authorities respecting the use, operation and activities on the
Property, and shall not make, suffer or permit any unlawful,
improper or offensive use of such premises or permit any nuisance
thereon.
It is expressly understood and agreed that all
activities on the Property are solely that of the Lessee and
Lessee, in no way, represents or acts on behalf of the CITY or any
department thereof.
VENUE. Any and all suits for any claims or for any
and every breach or dispute arising out of this Agreement shall be
maintained in the appropriate court of competent jurisdiction in
the City of Virginia Beach.
11. COMPLIANCE WITH LAWS. With respect to the Property,
Lessee shall comply with all federal, state and local statutes,
ordinances and regulations now in effect or hereafter adopted.
12. If any section, paragraph, subparagraph, sentence,
clause or phrase of this Agreement shall be declared or judged
invalid or unconstitutional, such adjudication shall not affect the
other sections, paragraphs, subparagraphs, sentences , clauses or
phrases.
13. NOTICES. Any notice which may be or is required to
be given pursuant to the provisions of this Agreement shall be
delivered or sent by certified mail, postage prepaid, return
receipt requested, and addressed as follows:
If to lessee, to: William E. Sawyer
2737 Princess Anne Rd.
Virginia Beach, Virginia 23456
If to CITY, to: City Real Estate Agent
Operations Building, Room 170
Municipal Complex
Virginia Beach, Virginia 23456
IN WITNESS WHEREOF, the parties hereto have each caused
this Agreement to be executed by their proper representatives as of
the day and year first above written.
APPROVED AS TO
LEGAL SUFFICIENCY
I · '~ / -"
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
BY
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Smith
City Clerk
A~~~?,~OVED AS TO CONTENT
$~GN.ATU Rt~
. _.
DEPARTMENT
William E. Sawyer
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a notary public in and for
the city and state aforesaid, do hereby certify that
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER, whose name as such is signed to the foregoing
writing, bearing date the day of , 19~,
has acknowledged the same before me in my city and state aforesaid.
Given under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a notary public in and for
the city and state aforesaid, do hereby certify that RUTH HODGES
SMITH, City Clerk, whose name as such is signed to the foregoing
writing, bearing date the day of , 19 ,
has acknowledged the same before me in my city and state aforesaid.
Given under my hand this day of
, 19, .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
, a Notary Public in and
for the City and State aforesaid, do hereby certify that WILLIAM E.
SAWYER, Lessee, whose name is signed to the foregoing writing,
bearing date the .J! ~day of /~;~/~ , 1995, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this ~ / ~day of W~;W~ / ~ ,
Notary Public
My Commission Expires
- 21 -
Item III-L5. a.b.
RESOLUTIONS~ORDINANCES
ITEM # 39237
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinances re Department of Public Works/Waste Management:
AMEND and RE, ORDAIN Section 31-61 of the Code of the City of Virginia Beach re
fees at refuse disposal areas.
Increase tipping fees being charged by the Southeastern Public Service Authority
(SPSA):
APPROPRIATE $2,069,250 to the FY 1995-1996 Operating Budget
APPROPRIATE $836,800 to the FY 1994-1995 Operating Budget
TRANSFER $27,200 to the FY 1994-1995 Operating Budget from the General
Fund Reserve for Contingencies.
Voting: 10-0
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Robert K. Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members l/ot~ng Nay.
None
Council Members Abstaining;
William W. Harrison, Jr.
Council Members Absent.
None
Councilman Harrison ABSTAINED as his law firm represents SPSA.
May 23, 1995
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 31-61 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO REFUSE DISPOSAL AREAS
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 31-61 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows-.
Bec. 3~-6~. Use charges.
(a) There shall be a fee of~v~= ...... v..~ ~~~-~- forty-
eight dollars and twenty cents (~ $48.20) per ton, or a ~
twenty-four dollar and~"~= ten cent ($2~.5~ $24.10) minimum
charge for less than one (1) ton, or any part thereof, for all
sanitary solid waste, refuse, debris or garbage generated solely
within the city and deposited at the city refuse disposal areas;
provided, however, that residents of the city depositing sanitary
solid waste, refuse, debris, or garbage generated solely from their
households may deposit the same free of charge.
(b) There shall be a fee of seventy-five cents ($0.75)
per passenger and light truck tire and five dollars ($5.00) per
truck tire for cutting and disposing of tires at the city refuse
disposal areas.
This ordinance shall be in effect July 1, 1995.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of May , 1995.
27
28
29
30
CA-5952
ORDIN~PROPOSED~31-61. ORD
R-1
PREPARED: 05/10/95
DAS
AN ORDINANCE TO APPROPRIATE $2,069,250 TO THE
FY 1995-96 OPERATING BUDGET OF THE DEPARTMENT OF
PUBLIC WORKS\WASTE MANAGEMENT, WITH A CORRESPONDING
INCREASE IN ESTIMATED REVENUES, IN ORDER TO FUND
THE INCREASE IN TIPPING FEES BEING CHARGED
BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY
WHEREAS, the City of Virglma Beach has an agreement with the Southeastern Public Service Authority
(SPSA) to pay the full cost tipping fee, as adopted by SPSA's Board of Directors, and to be reimbursed by SPSA for the
drfference between the full cost t~ppmg fee and a hrmted t~pping fee,
10
11
WHEREAS, the FY 1995-96 Operating Budget was adopted based on a $34 85 per ton limited cost tipping
fee, and requtrtng no tipping fee rennbursement by SPSA,
12
13
WHEREAS, SPSA's Board of D~rectors, on April 26, 1995, adopted an interim t~pp~ng fee increase for FY
1995-96 of $48 20 per ton, now exceeding the lmalted t~pp~ng fee to the C~ty,
14
15
WHEREAS, the increase in the t~pplng fee will result in an estimated increase m costs to the C~ty of Vu'gmaa
Beach for FY 1995-96 m the amount of $2,069,250,
16
17
WHEREAS, these increased costs will be totally offset with additional reimbursement revenues from SPSA,
as the result of the limited t~ppmg fee,
18
19
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $2,069,250 be appropriated to the FY 1995-96 Operating Budget of
the Department of Pubhc Works\Waste Management to address the increased tipping fee adopted by SPSA,
21
22
BE IT FURTHER ORDAINED that there be a corresponding ~ncrease in estimated revenues for
charges for services for FY 1995-96
23
Ths ordinance shall be m effect July 1, 1995
24
Adopted the 23rdday of l*la_v ,1995, by the Council of the City of V~rgnma Beach, virginia
F ISWJICOUNCILISPSATIP ORD
APPROVED AS TO CONTENT
Department of Management and Budget
APPROVED AS TO
LEGAL SUFFICIENCY
8
9
10
AN ORDINANCE TO APPROPRIATE $836,800 TO THE
FY 1994-95 OPERATING BUDGET OF THE DEPARTMENT OF
PUBLIC WORKS\WASTE MANAGEMENT, WITH A CORRESPONDING
INCREASE IN ESTIMATED REVENUES, AND TO TRANSFER $27,200
FROM GENERAL FUND RESERVE FOR CONTINGENCIES IN ORDER
TO FUND THE INCREASE IN TIPPING FEES BEING CHARGED
BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY
WHEREAS, the C~ty of V~rguua Beach has an agreement w~th the Southeastern Pubhc Servme Authority
(SPSA) to pay the full cost tipping fee, as adopted by SPSA's Board of D~rectors, and to be reimbursed by SPSA for the
d~fference between the full cost t~pp~ng fee and a lumted tipping fee,
11
12
WHEREAS, the FY 1994-95 Operating Budget was adopted based on a $34 00 per ton full cost t~pp~ng fee,
lower than the hm~ted t~pp~ng fee of $34 85, and reqmnng no t~ppmg fee reimbursement by SPSA,
13
14
15
WHEREAS, SPSA's Board of D~rectors, on April 26, 1995, adopted an interim t~pp~ng fee increase for the
months of May and June, 1995, from the current $34 00 per ton to $61 00 per ton, now exceeding the lumted t~pp~ng
fee to the C~ty,
16
17
WHEREAS, the Increase ~n the t~ppmg fee will result ~n an estimated increase xn costs to the C~ty of V~rgmm
Beach for May and June, 1995, ~n the amount of $864,000,
18
19
WHEREAS, since the newly adopted tipping fee rate of $61 00 per ton exceeds the $34 85 lumted t~ppmg fee,
the C~ty will recmve $836,800 ~n reimbursement revenue from SPSA,
20
21
22
23
24
25
26
WHEREAS, the $27,200 remaining balance between the increased costs and the reimbursement revenue fi-om
SPSA is available for transfer from the General Fund Reserve for Contmgenmes,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds m the amount of $836,800 be appropriated to the FY 1994-95 Operating Budget of
the Department of Pubhc Works\Waste Management to address the increased t~pp~ng fee adopted by SPSA,
$836,800
BE IT FURTHER ORDAINED that there be an ~ncrease xn estimated revenues for FY 1994-95 by
27
28
29
BE IT FURTHER ORDAINED that funds ~n the amount of $27,200 be transferred from General Fund
Reserve for Cont~ngenmes to the FY 1994-95 Operating Budget of the Department of Pubhc Works\Waste
Management
30
Tlus ordinance shall be m effect from the date of ~ts adoption
31
Adopted the 23rdday of Hay __, 1995, by the Council of the C~ty of Virginia Beach, virginia
APPROVED AS TO CONTENT
Department of Management and Budget
_ _I J_ 11
APPROVED AS TO
LEGAL SUFFICIEi'.iCY
F: ~SWJ~COUNCIL~SPSATIP ORE) - - '- ...... ' ........ ,,,_ . .
- 22 -
Item III-I. 5. c.
CONSENT AGENDA
ITEM # 39238
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to APPROPRIATE $184,237 to the FY 1994-1995 Operating
Budget o. f the Department of Public WorkslWaste Management re funding
the extension of commercial waste management services to the Resort
Area:
Voting: I0-0
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy IC Parker, Vice Mayor William D Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Abstaining;
Linwood O. Branch, III
Council Members Absent:
None
*Councilman Branch ABSTAINED on Item 1.5. c., as he is an owner ora hotel in the resort which will
be utilizing the commercial waste management services.
May 23, 1995
AN ORDINANCE TO APPROPRIATE $184,237 TO THE
FY 1994-95 OPERATING BUDGET OF THE DEPARTMENT
OF PUBLIC WORKS\WASTE MANAGEMENT, WITH A
CORRESPONDING INCREASE IN ESTIMATED REVENUES, FOR
THE PURPOSE OF FUNDING THE EXTENSION OF COMMERCIAL
WASTE MANAGEMENT SERVICES TO THE RESORT AREA
WHEREAS, the provlsaon of commermal waste management servaces to the Resort Area was ongmally
programmed in the FY 1994-95 Operating Budget to be dascontmued in October, 1994,
10
WHEREAS, the Caty Council has directed that the provasaon of these servaces will be continued through
September, 1995,
11
12
WHEREAS, the additional incremental cost in FY 1994-95 to continue the provlsaon of commercial waste
management servmes to the Resort Area as estimated to be $184,237,
13
14
VfHEREAS, the additional ancremental costs will be offset by $184,237 m add~taonal revenues from the
Resort Area commermal waste management customers
15
16
17
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds m the amount of $184,237 be appropriated to the FY 1994-95 Operating Budget of
the Department of Public Works\Waste Management for the purpose of funding the extension of commercml waste
management services to the Resort Area,
19
20
BE IT FURTHER ORDAINED that there be a correspondang ancrease an estimated revenues for FY 1994-
95 by $184,237
21
Thas ordinance shall be In effect from the date of its adoption
22
Adopted the 23raltay of Hay ,1995, by the Council of the Caty of Vu'10ma Beach, virginia
F[ lSWJICOUNCILU~ESCOM95 ORD
APPROVED AS TO CONTENT
Department of Management and Budget
APPROVED AS TO
- 23 -
Item III-L6.
CONSENT AGENDA
ITEM # 39239
RESOLUTIONS/ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to APPROPRIATE $1,100,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 1994-1995
Operating Budget in support of the FEMA Urban Search and Rescue
Team, Virginia Task Force Number 2, re personnel costs, equipment and
supplies used in support of the Team's activities in the aftermath of the
Oklahoma City Bombing.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, 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:
None
May 23, 1995
AN ORDINANCE TO APPROPRIATE $1,100,000 IN ADDITIONAL REVENUES FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1994-95
OPERATING BUDGET IN SUPPORT OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK
FORCE NO. 2, FOR PERSONNEL COSTS, EQUIPMENT, AND SUPPLIES USED IN SUPPORT OF
THE TEAM'S ACTIVITIES IN THE AFTERMATH OF THE OKLAHOMA CITY BOMBING.
WHEREAS, on Apnl 19, 1995, the Alfred P Murrah Federal Building ~n Oklahoma C~ty, Oklahoma
was severely damaged by a terronst bomb that resulted ~n death or ~njury to people trapped ~n the wreckage,
WHEREAS, ~n response to a Pres~dent~al declaratJon of a state of emergency, the FEMA Urban
Search and Rescue Team, V~rg~ma Task Force No 2, compnsed of personnel from the C~ty of V~rglma Beach, as
well as from across the Hampton Roads Region, was activated and d~spatched to the scene of the tragedy along
w~th the necessary equipment and supphes to render search and rescue assistance, and
8
9
10
WHEREAS, under federal law and the agreement between FEMA and the C~ty, which estabhshes
the C~ty as the fiscal agent for the regional FEMA Team, all ~ncurred costs associated w~th the actual deployment of
the Team, including personnel costs and consumed supphes and equipment, as well as the cost of equipment
necessary to bnng the Team up to FEMA approved standards ~s fully reimbursable from FEMA
11
12
13
14
15
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $1,100,000 ~n add~bonal revenues from the Federal Emergency Management Agency be
appropriated ~n the F~re Department's FY 1994-95 Operating Budget for all recurred costs associated w~th the
response of the FEMA Urban Search and Rescue Team, V~rg~ma Task Force No 2, to the Oklahoma C~ty,
Oklahoma bombing
16
17
BE IT FURTHER ORDAINED, that esbmated Federal revenues ~n the Fire Department's FY 1994-
95 Operabng Budget be ~ncreased by $1,100,000
18
Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~n~a on the 23rd day of May
APPROVED AS TO
Approved as to Content
Management and Budget
CRW-D \OB95\F~re\fema2 ord
,1995
VA BCH FIRE DEPT
MAY 01 '~ O~4?PM PEM~ ~ EST OPS
2,95 15,:45 No.O07 P.02
Federal Emergency Management Agency
Wa~hin~on, D.C. ~0472
EST Direc[or
ATTSNT ION:
chief Carter
SUBJECT:
Equipment Purchase Limigationm During Emergency
Response to Oklahoma Bombing
This memorandum serves as offioial noDifica~ion to ohm virginia
3each, Virginia, Urban Search and Rescue Task Force, of the
limication on au=hori=y fo~ purchasing e~uipmen= related =o this
emergency. Tha~ limi~ation i~ established at $600,000. This
amount iea to:al, which mus= include the $3~A,000 your Task
has already committed via purchase orders. Pleas~ execute all
addi=ional purchase orders no later =hah ~ay 4, 199~. This does
no= in any way' limit personnel (staffing) costs, nor does i~ apply
=o resupply du=in~ or immediately followin~ on ~cene operations.
Should additional equipment funding be reguired, you must contact
me via ~he FEMA NECC a~ 1-800-6~A-708A t[or approval.
,o
Federal Emergency Management Agency
Washington, D.C. 20~72
MEMORANDUM OF AGREEMENT
An agreement entered into this ~~ day of .~~ 19 ~_~ by
· J
and between the Federal Emergency Management Agency (FEM,), the Commonwealth of
v~rg~n~a, and the City of Virginia Beach Tidewater Reaional Technical Rescue
Team, an Urban Search and Rescue Task Force.
I. PURPOSE
To delineate responsibilities and procedures for Urban Searchand Rescue (US&R)
activities under the authority of The Robert T. Stafford Disaster Relief and
Emergency Act, Public Law 93-288, as amended, 42 U.S.C. S5121, e~ se~. and
relevant State authorities, or when otherwise properly directed.
II. SCOPE
The provisions of this Memorandum apply only to US&R Task Force activities
performed at the request of the Federal government, provided at the option of the
local jurisdiction and the State, and in conjunction with, or in preparation of,
a Pres~dentLal declaration of d~saster or emergency and upon activation as
outlined below ~n sub-element V.A. Details concerning specific working
relationships on various projects may be appended to this document as they are
developed.
III. DEFINITIONS
As
A~Civation: the process of mobilizing specific Task Forces to
deploy to a designated disaster site. If the Task Force responds to
such a mobilization request, the Task Force is to arrive with all
equipment and personal gear at a pre-designated deployment site
within six hours of ~he activation notice.
B ,
Alert: the process of informing Task Forces that an event has
occurred and that Task Forces might be activated at some point
within a 12-hour timeframe.
C,
D,
A~sociate Director: the Associate Director for State and Local
Programs and Support Directorate, FEM,.
DeD&rtment of De£ense (DOD)= the Dep&rtmen= of Defense, to include
militar~ and civilian components. DOD is the primary agent for
coordinating US&Reffortsunder~mergencySuppor~Func=ion (ESF) #9,
US&R, under the Federal Response Plan.
the Director of the Federal Emerpenc~ManagementA~enc~.
Di~ter Medical Assistance Team (DMT~T}: a functional unit
activated under the National Disaster Medical System (NDMS) which
provides austere medical care in a disaster area or medical services
at transfer points and receptLon sties associated with patient
evacuation.
Go
Emerqencv Information and Coordination Center (EICC}: a control
center located within FEMA headquarters in Washington, DC, to
provide ~nteragenc7 coordination of assistance to emergent7 or
disaster areas·
He
FEM.: the Federal Emergency Management Agency.
Incident CommandeF: the individual in-charge of coordinating relief
activities within the disaster site; under normal circumstances this
~ndivxdual will be an emergency manager from the local cc~n~nity
responsible for incident activities including the development and
~mplementation of strategic decisions and for approving the
allocation of resources.
Jo
Ko
Lo
National Disaster Medical System (NDe): a cooperative effort of
the Deparr_ment of Health and Human Ser~zices (H~S), Department of
Defense (DOD), Department of Veterans Affairs (VA), FEM., and State
and local governments and the private sector designed to care for a
large number of casualties resulting from either a domestic disaster
or an overseas war. The Public Health Service (PHS) heads the
program.
National Em~rqencv Coordinatin= Center
notification center located in Ber~ille, Va.
a primer7
SDonsorin~ Organization: a public entity, to be named in each
Instance, providing official sanction to a US&R Task Force.
Mo
State or States: the State, Commonwealth, or U.S. territory
government to which the sponsoring organmzation reports, which shall
be named in each instance.
N.
Task Force: an integrated collection of personnel and equipment
meeting standardized capability criteria for addressing ~he special
needs of US&R.
O.
Tas~ Fprce Leader: an individual responsible for team training,
equipment maintenance, mobilization, and tactical direction of the
Task Force.
Urb~mSearchand Rescue (US&R): specialized tactics, personnel, and
equipment suxted to the unique lifesaving problems presented in
structural collapse situations.
IV. RESPONSIBILITIES
A1
FEM~ shall be responsible for:
I ·
Coordination between the sponsoring organization, ~he local
jurisdiction, the State, and other relevant goverruaental and
private parties.
Lim/ted funding and ~echnic&l suppor~ for equilxnln~
=raining specifics117 aimed at p=sparing I prc~Lling Task
Force to be a fully implemen=lJ01e Talk Force, al
the FEM~Urba~ Searc~and Rescue Resuonse System mac,ti1.
of this equipment will be limited to FEM~-sanctioned response
activities, appropriate responses as determined b7 ~hs local
jurisdiction, and training which is directly related to the
US&R mission. . ,
Out-of-pocket expenses for team members depleted =o a dAlai=ir
sz=e, as outlined in VI. FINANCIAL A~R~EM~NTS.
2
C·
U.
·
Document control at =he Regional office, ensuring ~hat all
reports are directed to FEM~ Headquarters SL-OE-FR-OP, At,n:
US&R·
--
The State shall be responsible for:
I ·
Maintaining 24-hour alert capabilities, including a point-of-
contact or duty officer available at all times.
·
Implementing FEM~'s alert and activation procedure of the
State-sponsored Task Force when called upon to do so byFEM~.
Document control at the State office, ensuring that all
reports are directed to ~heir respective FEl~XRegiorml Point
of Contact.
DOD shall be responsible for:
I .
Deploying US&RTask Forces fran designated staging areas and
movxng such Task Forces to and from the disaster site.
Logistical, maintenance, and other supper= to deployed US&R
Task Forces·
Coordinating the replacement and/or rehabilitation of ~
or destroyed equipment used in the course of the operations.
The sponsoring organization shall be responsible for:
I ·
Recruiting and organizing a Task Force, according to
guidelines prescribed in the FKM~ Urban Search and Rescue
~esDonse SYstem description manual.
Registering and qualifying all medical personnel on the Task
Force through PHS as a specialized Dld~T. This includes a
separate MOA with PHS, attached as Attachment A.
Providing training to Task Force members. Training should be
contiguous with the objectives of upgrading, developing and
renewing skills as needed to maintain qualifications for a
particular position on the Task Force. The Incident Command
System should be taught to all Task Force members.
Developing, practicing and implementing an internal call-out
system for its members.
Administrative, financial, and personnel management ae
relate to the Task Force. Ail original paperwork will be
£iled at the sponsoring organizations, wit. h copies as outlined
in IX. R~PORTIN~ REQUIPm~r~TS, below, sent to F~, SL-OZ-FR-
OP, Attn: US&R.
Reporting as delineated in VIII. Repo~cing Requirements.
Developing, maintaining, and accountability for US&R-specific
equipment to be purchased with matching funding from FEM~and.
the local sponsoring organization.
·
Providing personnel and equipment for US&R-rela~ed exercises,
as agreed upon with FEM~ and the State, lubjec~ to the
availability of such Task Force personnel and equipment which
will be based upon requirements and priorities of the local
jurisdiction and the State at the time such personnel and
equipment are requested.
V. PROCEDUREfJ
A. Activation
1,
Upon request from State governments for Federal d£saster
ass[stance, and/or determination by FEHA that pre-positioning
US&R Task Forces is prudent, FEHA shall request the activation
of forces necessary to resl~nd to the emergency or disaster
situation.
·
Activation notices shall be communicated by the EICC or NECC,
through ~he appropriate State Emergency Management Office,
Task Force Leaders.
B. Mobilization, Deployment, and Redeployment
lo
The Task Force Leader shall notify members of Federal
activation.
·
If the Task Force responds to a notif£cation of Federal
activation, Task Force leaders and Team leaders shall move the
Task Force and [ts equipment to pre-designated airfields for
pick-up by DOD aircraft within six hours of the official
activation.
Upon arrival at the mobilization area, DOD will provide an on-
ground briefing, maps, food and housing (as necessary), and
other items essential to the initial set-up and suppor~ of the
Task Force. DOD will supply a liaison and a radio operator to
each Task Force deployed to a disaster site.
DOD shall provide transpo~cation from the staging area to the
disaster sate and return.
The Task Force shall be redeployed to the point of origin
airfield by DOD aircraft upon completion of the US&R mission.
C. Command and Control
1. DOD has overall command and control of the US&R function.
0
Tactical employment of US&R Task Forces shall be passed from
DOD to the local or on-site Incident Commander within a
FIN~NCI~ ~GREEMENTS
A·
Since this agreement serves to contract the services of the
Tidewater Reg£onal Technical Rescue Team mambo=a, FBRA oh&L1
compensate the Task Force members, with the exception of the medical
team personnel, in accordance with the sponsoring ~urisd£ct£on's pay
schedules and policies, as agreed to by the Federal government, the
State, and the local Jurisdiction.
Public Health Service based upon pay scales andpolicies established
through the National Disaster Medical System. (Refer to Attachment
A and supplemental NDMS documentation.)
Ce
The State and sponsoring organization agree to attempt to make those
task force part£cipan=s not employed by the sponsoring organization
contract resources to the sponsoring Jurisdiction or to the State,
Ln order to m~nimize the number of Federally registered lnd£v£duals
on the task forces.
De
Sk£11 and experience levels shall be established for each Task Force
member upon inclusion £nto the national system and appropriate
compensation determined based on VI. A., above.
Task Force members shall be reimbursed for travel and per
in accordance with Federal travel regulations, unless
authorized.
Fo
Members shall be reimbursed for reasonable personal costs of
operations and maintenance incurred in conjunction with disaster
operations.
Go
Any reasonable expense incurred by an organization in filling a Task
Force member's position while the Task Force member has been
activated wall be paid for by FEMA. FEMA will not pay personnel
costs above the normal and usual rate for that position. It is
expressly agreed and understood by FEMA, the State, and the local
Jurisdiction that such personnel reasonably include overtime
compensation if the local jurisdiction is required to pay such
compensation costs in filling positions deemed critical for public
safety and well-being.
Task Force organizational m~c~lals, equipment, and supplies
consumed in providing requested assistance shall be reimbursed on a
replacement basis. Replacement and/or rehabil~tat~on requests shall
be submitted to DOD before demobilization.
I .
Rehabilitation or replacement costs of operational equipment will be
reumbursed if the pLece of equipment was used at a disaster site or
on disaster exercises, as authorized by FEMA. While FEMA wall
consider on a case-by-case basis the replacement of lost or stolen
equipment, where that equipment was not lost or stolen as a result
of negligence on the part of the Task Force or its personnel, FEMA
will replace that equipment.
Jo
No Task Force or any Task Force member shall be re{mhursed for costs
incurred by activations outside the scope of this agreement.
Ko
All equipment purchased under this agreement will revert to the
local sponsoring organization at the time that this agreement is
dissolved.
All financial comitments herein are made subJec~ to the
availability of funds and the further mutual agreement of the
parc ism.
\
Cash grants awarded by FEMA fro~ FY 1990 or FY 1991 funds for
equipment must be matched on a 50/50 hard match basis while training'
grants must be matched on a 75/25 in-kind basis. ,
VIZ. REPORTING REQUIREMENTS
The sponsoring organization will submit quarterly financial and
activity reports to the State, to be forwarded to the FEMA Regional
office then to FEMA Headquarters, in accordance with Comprehensive
Cooperative Agreement Article VI., Reports, included as attachment
B.
The sponsoring organization will submit, in writing, to the State,
to be forwarded to the FEMA Regional office then to FEMA
Headquarters, all personnel changes as they relate to the
composition of the Task Force. This includes infoz~aticm of
personnel tra£n£ngandq~alification upgrades. The relevant portion
of the qualifications list will be submitted as new members are
admitted to positions on the Task Force.
Ce
A COlmy of the PHS MOA will be submitted to FEM., SL-OE-FR-OP, At,n:
Do
Verification of Task Force member credentials, as they relate to the
criteria outlined in the Description Manual will be s,,_b~ittedon an
annual basis and at other times as requested by FEM..
A new qualifications list will be su~itted at least three months,
but no earlier than six months, prior to the end of this agreement
in order to determine if the MOA shall be renewed.
VIII. CONDITIONS, ~S AND TERMINATION
Ao
B.
Co
This Memorandum may be modified or amended only with written
agreement of all parties, and all amendments will be attached to
this agreement. The memorandum may be terminated byany party upon
30 days written notice.
FEM~ cc~plies with the provisions of Executive Order 11246 of
September 24,--~965, as amended, and with the rules, regulations and
relevant orders of the Secretary of Labor to the end ~hat "(FEM.)
will not discriminate against any employee or applicant for
employment on the grounds of race, color, religion, sex or national
origin." In addition, use of Federal facilities, supplies and
services will be in cc=~liance with regulations prohibiting
duplication of benefits and guaranteeing nondiscrimination.
Distribution of supplies, processing of applications, provision of
technical assistance and other relief and assistance activities
shall be accomplished in an equitable and in~artialmanner, without
discrimination on the grounds of race, color, religion, naticxlality,
sex, age, or economic statue.
No~hing contained in this Agreement shall be construed to compel the
sponsoring organization to respond to any request for mobilization
and deployment when the Task Force members are, in the opinion of
~he sponsoring organization, required to perform emergency services
in ~heir own jurisdiction.
IX. LIABILXT~
Once a Task Force is activated under terms of this Memorandum of
Agreement, the Non-Liability clause as stated in P.L. 93-288, as amended,
Section 305, will be in effect= "The Federal ~ov~Lmment shall no= be
liable £or an~ claim based upon the exercile o= pez~ozman~e o~ o~ ~hl
failure to exercise or per, om a discretion&r~ £unc=ion o= du~ on ~he
par= of a Federal agency or an employee o£ ~he Federal ~overnmant in
carrying out the provisions of ~his Act."
X. ATTACmg~TS
A. U.S. Public Health Se~ice Memorandum of Understanding
B. FEM~Comprehensive CooperativeAgreement (CCA) Article, VI. Reports
State and Local Programs and Support
FEMA/Wash£ngton
~P~Ul P.-G£ordano, Regional Director FEMA Region III
Department of/Emergency Services
Date
Date
Sponeoring Organl~
Date
Federal Emergency Management Agency
Washington. D.C. 20472
Mr. Earl
c/o Battalion Chief Chase Sargent
City of Virginia Beach
Department of Fire
Princess Anne Executive Park
Municipal Center
Virginia Beach, VA 23456-9065
Dear Mr.
This is to inform you that once the Virginia Beach Urban Search and
Rescue (US&R) Task Force enters into an agreement with the Virginia
Department of Emergency Services and the Federal Emergency
Management Agency, all equipment and supplies used during a FEMA-
mandated exercise or disaster response deployment will be
reimbursed by the United States Government through the Department
of Defense (DOD). DoD is the conduit for funding Federal US&R
disaster responses since it is the primary agency responsible for
executing Emergency Support Function $9/US&R activities under the
Federal Response Plan. This includes medical suppliee.~and
equipment expended by the Task Force.
Reimbursement is ensured through the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, or Public Law 93-288 as
amended by Public Law 100-707, the authority through which the
Federal government responds to State requests for assistance to
disasters. The Memorandum of Agreement executed among the Federal,
State, and local (if applicable) parties involved in the
sponsorship of a National US&R Response System Task Force
federalizes Task Force personnel and assures that they will be
reimbursed for supplies and equipment once officially activated.
If you should have any questions, please contact me or Mrs.
Kimberly Vasconez, 202-646-4335, of my staff.
Sincerely,
Chief
Operations Planning and Response
Branch
Va. Beach Fire Deot. Urban Search and Rescue ourchasin~ manual
LEGAL AUTHORITY
The Federal Emergency Management Agency has pre-approved the City of Virginia
Beach Fire Department to purchase specific items at time of activation of the task force.
This i's done in accordance with the Memorandum of Agreement between FEMA and the
City of Virginia Beach and the Cooperative Financial Agreement executed by FEMA and the
City of Virginia Beach.
·
At time of Activation all purchasing is done under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, or Public Law 93-288 amended by
Public Law 100-707, the authority through which the Federal Government responds to State
requests for assistance to disasters. The Memorandum or Agreement executed among the
Federal, State and City of Virginia Beach involved in sponsorship of a National US&R Response
System Task Force federalizes Task Force personnel and assures that they will be reimbursed
for supplies and equipment once officially activated.
Also in accordance with and pursuant to FAR 51.1 "Contractor Use of Government
Supply Sources", the Recipient is eligible to purchase/requtsltion equtpment and supplies directly
from Federal sources of supply including the General Services Administration, Veterans
Administration and the Defense Logistics Agency. , .~,~,'~:,..
Those vendors which supply GSA or DLA as contractors are required to provide the
Federal price to the City of Virginia Beach during this event. This has the potential to save
many thousands of dollars. (Appendix B)
Because this is an emergency purchasing system no bid process is required under the
Stafford Act. Pre-p~itioned and approved purchase orders are in place.
- 24 -
Item III-I. Z
CONSENT AGENDA
ITEM # 39240
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to APPROPRIATE $24,000 from the DEA Seized Property
Special Revenue Fund balance to their FY 1994-1995 Operating Budget
re purchase of a hazardous incident robot.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert I(. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
1
2
AN ORDINANCE TO APPROPRIATE $24,000 IN REVENUES FROM THE DEA SEIZED PROPERTY SPECIAL
REVENUE FUND BALANCE TO THE FY 1994-95 DEA SEIZED PROPERTY SPECIAL REVENUE FUND
OPERATING BUDGET TO PURCHASE A HAZARDOUS INCIDENT ROBOT
WHEREAS, the VIrgInia Beach Pohce Department dunng 1994 responded to 13 explosive related
sItuations, 6 hostage situabons, 33 SWAT tactJcal operations,
WHEREAS, the Department has researched vanous ways to improve the safety of the officers and
c~t~zens revolved ~n these hazardous situations and has determined that a hazardous ~nc~dent robot wll provide
accurate wsual and audible ~ntelhgence ~nformabon as well as hands on assistance, and
WHEREAS, there are sufficient funds avadable ~n the DEA Seized Property Special Revenue Fund
Balance to allow for th~s purchase w~thout requmng a Crty match
8
9
10
11
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $24,000 be appropnated from the DEA Seized Property Special Revenue Fund Balance to
the FY 1994-95 DEA Seized Property Special Revenue Fund Operating Budget to purchase a hazardous ~nc~dent
robot
12
Adopted by the Councd of the C~ty of V~rglma Beach, Virginia on the 23]:d day of Hay ,1995
APPROVED AS TO
LEGAL SUFFICIENCY
CRW-D \OB961Pohce\robot ord
Approved as to Content
W~lter C. K~ae~er, Jr.
Management and Budget
Item III-L8.
CONSENT AGENDA
ITEM # 39241
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to APPROPRIATE $7,170 from the Ltbrary Gift Fund to the
Virginia Beach Public Library's FY 1994-1995 Operating Budget re
purchase of books, descriptive videos and mailing cases.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert lc Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louts R. Jones,
Mayor Meyera E. Oberndo~ Nancy lC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
AN ORDINANCE TO APPROPRIATE $7,170 FROM THE
LIBRARY GIFT FUND TO THE FY 1994-95
VIRGINIA BEACH PUBLIC LIBRARY DEPARTMENT
WHEREAS, the V~rg~n~a Beach Public L~brary receives cash donations from c~t~zens for purchase
of library materials and supplies,
WHEREAS, such donations are deposited to a g~ft fund account for L~branes untd needed for
purchases,
10
11
12
13
WHEREAS, such donatJons have accrued ~n excess of $10,000 ~n the G~ft Fund fund balance at
th~s t~me, and the L~brary Department has ~dent~fied $7,170 ~n needs for additional book purchases,
descnpbve v~deos, and mad~ng cases for branch I~branes and Special Serwces operations,
14
15
16
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funds ~n the amount of $7,170 be appropriated from the V~rg~ma Beach L~brary G~ft Fund
fund balance to the Public L~brary Department for FY 1994-95
17
18
May
Adopted by the Councd of the C~ty of V~rg~n~a Beach, Virg~ma on th~s
1995
23]:d day of
19
20
21
22
APPROVED AS TO CONTENT:
Walter C Kraeme~
Management and Budget
LEGAL
- 26 -
Item III-I. 9.
CONSENT AGENDA
ITEM # 39242
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of West Neck Parkway to Courthouse Estate Associates
re construction and maintenance of an existing and proposed white rail
vinyl fence.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by the City of Virginia
Beach, within thirty (30) days after such notice is given, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless of any liability as a
result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to become unsightly or
a hazard.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF WEST NECK
PARKWAY TO COURTHOUSE
ESTATES ASSOCIATES, ITS
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Courthouse Estates Associates, its heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of West Neck Parkway.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining several sections of
white vinyl rail fence and that said encroachment shall be
constructed and maintained in accordance with the City of Virginia
Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as West Neck Parkway, on the
certain plat entitled: "COURTHOUSE
ESTATES PHASE 1 - PLAT SHOWING
ENCROACHMENT OF WHITE PVCRAIL FENCE
INTO WEST NECK PARKWAY RIGHT-OF-WAY
FOR COURTHOUSE ESTATES ASSOCIATES -
THE TAF GROUP, ARCHITECTURE
ENGINEERING CONSTRUCTION - SCALE: 1"
=100' - DATE: JAN. 23, 1995," a copy
of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of Courthouse Estates Associates, its heirs,
assigns and successors in title and that within thirty (30) days
after such notice is given, said encroachment shall be removed from
the City's right-of-way of West Neck Parkway and that Courthouse
Estates Associates, its heirs, assigns and successors in title
shall bear all costs and expenses of such removal.
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Courthouse Estates Associates, its heirs, assigns
and successors in title shall indemnify and hold harmless the City
of Virginia Beach, its agents and employees from and against all
claims, damages, losses and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Courthouse Estates Associates
executes an agreement with the City of Virginia Beach encompassing
the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of May , 19 95 ·
63
64
65
04/24/95
CBC/tga
cahoon\courthou.ord
APPROVED AS TO
LEGAL SUFFICIENCY
19 q~ by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GRANTOR, party of the first part, and
COURTHOUSE ESTATES ASSOCIATES, a Virginia general partnership,
ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the
second part.
W I TN E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a 54" white vinyl rail
fence in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such 54" white
vinyl rail fence, it is necessary that the said party of the
second part encroach into a portion of an existing City right-of-
way known as West Neck Parkway; and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate such 54" white vinyl rail fence within
a portion of the City's right-of-way known as West Neck Parkway.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
West Neck Parkway for the purpose of constructing and maintaining
such 54" white vinyl rail fence.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as West Neck
Parkway as shown on that certain plat
entitled: "COURTHOUSE ESTATES PHASE 1 -
PLAT SHOWING ENCROACHMENT OF WHITE PVC RAIL
FENCE INTO WEST NECK PARKWAY RIGHT-OF-WAY
FOR COURTHOUSE ESTATES ASSOCIATES - THE TAF
GROUP, ARCHITECTURE ENGINEERING CONSTRUCTION
- SCALE: 1" = 100' - DATE: JAN. 23, 1995" a
copy of which is attached hereto as Exhibit
"A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as West Neck Parkway by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Five Hundred Thousand Dollars
($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, COURTHOUSE ESTATES ASSOCIATES, a
Virginia general partnership, has caused this Agreement to be
executed in its name on its behalf by Anthony J. Sancilio,
President and General Partner, and Richard S. Foster, President
and General Partner, with due authority to bind said partnership.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
( SEAL )
ATTEST:
City Manager/Authorized
Designee of the City Manager
City Clerk
/,'A~PPROVED AS TO CONTENT
APPROVED AS TO
LEGAL SUFFICIENCY
COURTHOUSE ESTATES ASSOCIATES,
a Virginia general partnership
Anthony J. ~S~ncilio,
PresideN~~d General Partner
Richard S. Fo-ste'r, ~'f
President and General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that
· CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19__, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 ~, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH· to-wit:
I, ~.U~ .~t~ ~~1 , a Notary Public
in and for the City and State aforesaid, do hereby certify that
ANTHONY J. SANCILIO, President and General Partner, on behalf of
COURTHOUSE ESTATES ASSOCIATES, a Virginia general partnership,
whose name is signed to the foregoing writing, bearing date the
day of
· 19 ..~, has acknowledged the
same before me in my City and State aforesaid.
Given under my hand this _~~ day of
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~~~ ~_ktf _~&~/l , a Notary Public
in and for the City and State aforesaid· do hereby certify that
RICHARD S. FOSTER· President and General Partner, on behalf of
COURTHOUSE ESTATES ASSOCIATES· a Virginia general partnership·
whose name is signed to the foregoing writing, bearing date the
~~ day of ~F~ , 19~, has acknowledged the
same before me in my City and State aforesaid.
Given under my hand this ~4~ day of
My Commission Expires: %~ ~, I~
7
No~ar~y -~ublic
100 50 0 100 200 300
SCALE
1"=100
WHITE PVC RAIL
FENCE (TYP)
COURTHOUSE ESTATES
PLAT SHOWING ENCROACHMENT
OF WHITE PVC RAIL FENCE
iNTO THE WEST NECK PARKWAY
PI!_-,HT-OF-WAY FOR COURTHOUSE
ESTATES ASSOCIATES
ARCHITECTURB
-- THE
TAF
GROUP
ENGINEERING CONSTRUCTION
100 L~NDIC~RK SQU.a_~E VIRGINIA BEACH, VA 23452
PHONE (804~ 340'-03Z,?, FAX (804) 498-848~
,/
100'
R.O.W. LINE (TYP)
SEE SHEET 2
EXHIBIT A
' SHEET 1 OF
EXIST. P.S
BIKEPATH
cURRITUCK DRIVE
MATCH L~NE
SEE sHEET
ACCES
R 0 W LINE
(TYP)
5'
WHITE PVC RAIL-------~
FENCE (TYP)
COURTHOUSE ESTATES
PLAT SHOWING ENCROACHMENT
OF WHITE PVC RAIL FENCE
INTC', THE WEST NECK PARKWAY
F,I,C, HT-OF-WAi FOR COURTHOUSE
ESTATES ASSOCIATES
GROUP
ARCHITECTURE · ENGINEERING . CONSTRUCI'ION
too k~)~K SqUar,~ · VI~INL~ s~cs, v~ 234~
PHONE (804) 340-0322_ · I;'A~ (80,I) 498-8482
100
5O
MATCH LINE
SEE SHEET 5
2OO 3OO
SCALE 1" =100
]l[Scale 1"=100'
{[{Praj. I, io 951204
EXHIBIT A
SHEET 2 OF 3
WE STNECK
MATCH LINE
SEE SHEET 2
R O W LINE--
TfP )
5' (,TrP)
WHITE PVC RAIL
FENCE (TYP)
COURTHOUSE ESTATES
PLAT SHOWING ENCROACHMENT
OF WHITE PVC RAIL FENCE
INTO THE WEST NECK PARKWAY
RIGHT-OF-WAY FOR COURTHOUSE
ESTATES ASSOCIATES.
ARCHITECTURE · ENGINEERING o CONSTRUCI'ION
tO0 LANi)MARK SQU&RE * VI~IN~ B~CH, VA 23~
(804) 340-03~ · F~ (804) 490-04~
ro~, JAH Dote
100 50 0 1 O0 200
.SCALE 1" = 100
MARCH 27, 1995 ills¢°le 1"=100'
__l]lPro.L No 9.31204
300
EXHIBIT A
SHEET 5 OF 3
lllzoNrn W~SmECK
84"
10-1/2"
54"
30"
,J
- 27 -
Item III-L 10.
CONSENT AGENDA
ITEM # 39243
RES O L UTI O NS / O RD INAN CE S
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Land Yachts
Tom's Limo Service
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 28 -
Item III-L 11.
CONSENT AGENDA
ITEM # 39244
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize tax refunds upon application of certain persons
in the amount of $4,229.76 and upon Certification of the City Treasurer
for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members l/oting Nay.
None
Council Members Absent:
None
May 23, 1995
5/9/95 EMC
:)RM NO C A ?
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
i
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
!
That the followin~ applications for ta~ refunds upon cortification of the Treasurer ar~ homb¥ approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
F Wayne McLeskey Jr 95 RE(l/2
F Wayne McLeskey Jr 95 RE(l/2
F Wayne McLeskey Jr 95 RE(l/2
First Union Mortgage Corp 95 RE(l/2
GE Capital Corp 95 RE(l/2
Hattie V Rawls 95 RE(l/2
Consolvo Markowitz & Webb 95 RE(2/2
Life Savings Bank FSB 95 RE(l/2)
Maxwell D & Salley Sanders 95 RE(l/2)
Craig W Dale 95 RE(l/2)
B K Gordon 95 RE(l/2)
Jay Homes Inc 95 RE(l/2)
J & W Investments 95 RE(l/2)
Johnnie R & Page Hartley 95 RE(l/2)
Inland Mortgage Corp 95 RE(l/2)
Manfred & Ann V Schwarz 95 RE(l/2)
James W & Alyson Graybeal 93 RE(l/2)
James W & Alyson Graybeal 93 RE(2/2)
James W & Alyson Graybeal 92 RE (1/2)
James W & Alyson Graybeal 92 RE(2/2)
Toyota Motor Credit Corp N/A Pkn. g
James M & Jeanne Callahan 95 RE(l/2)
) 077603-5 12/5/94 1,097.45
) 077623-1 12/5/94 142.05
) 077624-0 12/5/94 127.92
) 098450-5 11/23/94 15.41
) 070652-0 11/23/94 6.71
) 096724-9 11/10/94 59.25
) 133326-2 2/9/95 1,264.56
069859-3 12/5/94 8.55
103205-1 3 / 27 / 95 55.04
027187-4 3/20/95 83.28
044891-6 12/5/94 57. O0
058739-2 11/25/94 9.98
060904-7 12/5/94 772.85
050450-6 12/5/94 20.03
086116-6 10/6/94 14.96
105017-4 11/28/94 67.90
044836-6 12/5/92 63.04
044836-6 5/29/93 63.04
044483-3 11/26/91 63.04
044483-3 6/5/92 63.04
288816 7/22/91 20.00
017469-4 3/20/95 154.66
Total
4,229.76
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$~; 229.76 were approved by
the Council of ~je City of V~i~i~995
Beach on the . day of .
Ruth Hodges Smith
City Clerk
Cert
John
T. Atklnson, tre'~surer
Approved as to form:
'"~esho L Ldley, C~ty Attorney
- 29 -
Item III-J. 1.
PUBLIC HEARING
ITEM # 39245
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PL/INNING B Y CONSENT
2. S.A.S. ASSOCIATES
CONVERSION OF A
NONCONFORMING USE
3. VICTOR M. WEST
ENLARGEMENT OF A
NONCONFORMING USE
4. LOTUS CREEK ASSOCIATES, L.P
VARIANCE
5. FIRST CHINESE BAPTIST CHURCH
CONDITIONAL USE PERMIT
6. AMERI-CASH CAR & TRUCK RENTAL, INC.
CONDITIONAL USE PERMIT
7. STERLING W. AND BONNIE J. THACKER
MODIFICATION OF
PROFFERS
8. DEVELOPMENT OPTIONS, INC.
CONDITIONAL CHANGES OF
ZONING
9. D. MURRAY MALBON
CHANGE OF ZONING
10. ANCHORAGE FARMS, L.L.C.
CHANGE OF ZONING
II. JOSEPH W. GODWIN, JR.
MODIFICATION TO
THE GREEN R UN PLANNED
UNIT DE VELOPMENT LAND
USE PLAN
12. TREE PLANTING, PRESENTATION & REPLACEMENT
ORDINANCE
AMEND AND REORDAIN
APPENDIX E, SECTIONS 1.2
and 1.4.
May 23, 1995
- 30 -
Item llI-J.1.
PUBLIC HEARING
ITEM# 39246
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
IN ONE MOTION Items 4, 6, 8*, 9 and 10.
*Item 111-1.8. was DEFERRED until the City Council Session of June 13, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 23, 1995
- 31 -
Item lll-J.2.
PUBLIC HEARING
ITEM # 39247
PLANNING
Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council APPROVED the
application of S.A.S. ASSOCIATES for the conversion of a nonconforming use.
Application of S~4.S. Associates for the conversion of a nonconforming
use on certain property located at the northeast corner of Atlantic Avenue
and Laskin Road. Said parcel contains 18, 750 square feet. VIRGINIA
BEACH BOROUGH.
Resolution authorizing the conversion of a nonconforming use on
property located at the northeast corner of Atlantic Avenue and Lasla'n
Road, in the Virginia Beach Borough.
The following conditions shall be required:
1. Hours of operation shall be limited to 10 AM to 10 PM, seven
(7) days a weelc
The use of live animals shall not be permitted except on
Sundays between the hours of 3 PM to 7 PM during the period
of May 1st through September 30th.
The authorization herein set forth shall be valid for a period of
one (1) year, and may be renewed by the Director of Planning
without further action by the City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Robert 32 Dean, William W..
Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy 32 Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
A RESOLUTION AUTHORIZING THE CONVERSION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF ATLANTIC AVENUE AND LASKIN
ROAD, IN THE VIRGINIA BEACH BOROUGH
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
WHEREAS, S.A.S. Associates (hereinafter the "Applicant")
has made application to the city Council for authorization to
convert an existing indoor recreational facility consisting of an
indoor roller blade arena, a pinball/video arcade, a snack shop and
a gift shop situated on a parcel of land at the northeast corner of
Atlantic Avenue and Laskin Road, in the Virginia Beach Borough, to
an indoor recreational facility consisting of a pinball/video
arcade, a snack shop, a gift shop, a petting zoo with pony rides,
a moonwalk, a velcro wall, a magic land, football toss and various
other similar activities; and
WHEREAS, such parcel is located in the RT-1 Resort
Tourist Zoning District; and
WHEREAS, the said establishment is a nonconforming use,
in that such establishments are no longer permitted in the RT-1
Zoning District; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the conversion of the aforesaid establishment would be
unlawful in the absence of a resolution of the City Council
authorizing such conversion upon a finding that the proposed use,
as converted, is equally appropriate or more appropriate to the
zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
establishment, as converted, would be equally appropriate to the
zoning district as is the existing establishment.
31
32
33
34
35
36
37
38
39
40
41
42
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed conversion of the Applicant's
establishment be, and hereby is, authorized, upon the condition
that the hours of operation shall be limited to 10 o'clock a.m. to
10 o'clock p.m., seven (7) days a week, and upon the further
condition that the use of live animals shall not be permitted
except on Sundays between the hours of 3 p.m. and 7 p.m. during the
period of May 1st through September 30th.
The authorization herein set forth shall be valid for a
period of one (1) year, and may be renewed by the Director of
Planning without further action by the City Council.
43
44
45
46
47
48
Adopted by the Council of the City of Virginia Beach on
the 23rd day of May, 1995.
CA-95-5942
noncode\sas.res
R-2
5-24-95
APPROVED AS TO CONTENT
Planmng
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Item lll-J.3.
PUBLIC HEARING
ITEM # 39248
PLANNING
Upon motion by Council l_azdy Henley, seconded by Councilman Baum, City Council DEFERRED to June
27, 1995, the Application of VICTOR M. WEST for the enlargement of a nonconforming use:
Application of Victor M. West for the enlargement of a nonconforming
use on property located at 4100 Charity Neck Road. Said parcel contains
24,040. 76 square feet. PUNGO BOROUGH.
Council Lady Henley advised the Health Department has expressed concern relative this application and
she is also expressing concern about adding a second use on property that is only one-half acre. Council
Lady Henley requested City Council clarify the provision in the code related to non-conforming uses as
it is broader than intended.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 33 -
Item lll-J.4.
PUBLIC HEARING
ITEM tt 39249
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Application of LOTUS CREEK ASSOCIATES, L.P. for a Variance to Section 4.4(d) of the
Subdivision Ordinance, which requires all newly created lots have direct access to a public street
Appeal from Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Lotus Creek
Associates, L.P. Property is located at 2700 Atwoodtown Raid.
PRINCESS ANNE BOROUGH.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor Wilham D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
May 23, 1995
- 34 -
Itz~ III-J.$.
PUBLIC HEARING
ITEM # 39250
PLANNING
Reverend Brian McDonald, 228 Pritchard Road, Phone: 340-6069, Pastor of First Chinese Baptist
Church
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council ADOPTED
the Ordinance upon application of FIRST CHINESE BAPTIST CHURCH for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF FIRST CHINESE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
PARKING LOT R05951962
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Chinese Baptist Church for a
Conditional Use Permit for a church parking lot on the northeast side of
Pritchard Road, northwest of South Lynnhaven Road on Lot 13 and a
portion of Lot 12, Block S, Booker Washington Park. Said parcel
contains 14,197. 6 square feet. LYNNHA WEN BOROUGH.
The following conditions shall be required:
Site improvements shall be in accordance with the submitted
plan entitled "New Auxiliary Building, First Chinese Baptist
Church ", dated 27 March 1995.
2. A fence is to be installed along Pritchard Road, with a gate
which will remain locked except during church services.
A gate is to be installed between the existing parking area
fronting on Marlene Road and the proposed parking lot. This
gate will also remain locked except during church services.
A six-foot (6') privacy fence and a ten-foot (10') landscape
buffer along the boundaries abutting single-family residences
will be required.
5. All lighting shall be directed toward the interior of the parking
lot and away from adjoining residences.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Nineteen
Hundred and Ninety-Five.
May 23, 1995
Item lll-J.5.
PUBLIC HEARING
ITEM # 39250 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 36 -
Item 111-2.6.
PUBLIC HEARING
ITEM # 39251
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED the
Ordinance upon application of AMERI-CASH CAR & TRUCK RENTAL, INC., for a Conditional Use
Permit:
ORDINANCE UPON APPLICA TION OF AMERI-CASH CAR & TRUCK
RENTAL, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE S~ES & RENTAL R05951963
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ameri-Cash Car & Truck Rental, Inc., for
a Con&tional Use Permit for motor vehicle sales and rental, and an
automated indoor car wash on the south side of Virginia Beach
Boulevard on Lots 3,4 & 5 Block 36, Euclid Place. Said parcel is located
at 4935 Virginia Beach Boulevard and contains 7500 square feet.
BAYSIDE BOROUGH.
The following conditions shall be required.
.
No more than ten (10) automobiles for sale or rent shall be
parked on this site at any given time.
Low level landscape plant material, such as Dwarf Inberry,
Dwarf Yaupon Holly, Blue Pacific Juniper or similar plant
material, will be installed in the existing grassed area to the
West of the entrance.
3. No outside speaker (paging system) is permitted.
4. Approval is for a period of two (2) years.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -third of May, Nineteen
Hundred and Nine~_ -Five.
Voting: 11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 37 -
Item lll-J. 7.
PUBLIC HEARING
ITEM # 39252
PLANNING
The following spoke in SUPPORT of the application:
Attorney Bill Bischoff,, 1608 Ray Way, Phone: 490-6369, represented the applicant and distributed a
petition in SUPPORT of the applicant. Said petition is hereby made a part of the record.
Barbara S. Ford, 2200 Windom Place, Phone: 486-8554, Executive Director of Equi-Kdds
Therapeutic Riding Program.
Julie Ann Fontenot, 3501 Kingston Court, Phone: 486-2659, member of Virginia Beach 4-H Club.
The following spoke in OPPOSITION:
Attorney Moody "Sonny" Stallings, represented Carousel Tack Shop.
A motion was made by Council Lady Strayhorn, seconded by Councilman Branch to APPROVE
Application of STERLING W. and BONNIE J. THACKER for the modification of proffers placed on
the January 8, 1991, application for a Conditional Change of Zoning from AG-2 Agricultural District
to B-2 Communi~_ Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH).
Voting:
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
John A. Baton, Harold Heischober, Barbara M. Henley, Louis I~ Jones,
Mayor Meyera E Oberndorf and Nancy I~ Parker,
Council Members Abstaining:
Vice Mayor William D. Sessorns, Jr.
Council Members Absent:
None
Vice Mayor Sessorns ABSTAINED as he is an officer of Central Fidelity Bank and his bank does business
with the applicant.
May 23, 1995
- 38 -
Itetn llI-J. 8.
PUBLIC HEARING
ITEM# 39253
PIMNNING
Attorney 1~ J. Nutter, II, requested DEFERRAL until the City Council Session of June 13, 1995.
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council DEFERRED
to the City Council Session of June 13, 1995, Ordinances upon application of DEVELOPMENT
OPTIONS, INC., for Conditional Changes of Zoning District Classification:
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5D TO B-2
Ordinance upon applicatton of Development Options, Inc., for a
Conditional Change of Zoning District Classification from R-5D
Residential Duplex District to B-2 Community Business District at the
northwest intersection of Lynnhaven Parkway and Princess Anne Road.
The proposed zoning classification change to B-2 is for commercial land
use. The Comprehensive Plan recommends use of this parcel for
suburban high density residential at densities that are compatible with
single family use in accordance with other plan policies. Said parcel
contains 20.30 acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO B-2
Ordinance upon application of Development Options, Inc., for a
Conditional Change of Zoning District Classification from I-1 Light
Industrial District to B-2 Community Business District on the southwest
side of Princess Anne Road beginning at a point 290 feet more or less
northwest of Lynnhaven Parkway. The proposed zoning classification
change to B-2 is for commercial land use. The Comprehensive Plan
recommends use of this parcel for industrial use in accordance with other
Plan policies. Said parcel is located at 4233 Princess Anne Road and
contains 23.44 acres. KEMPSVILLE BOROUGH.
May 23, 1995
- 39 -
Ire m III-~. 8.
PUBLIC HEARING
ITEM # 39253 (Continued)
PLANNING
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, HI. Robert IC Dean, William W.
Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
Item Ill-J.9.
PUBLIC HEARING
ITEM # 39254
PLANNING
Upon motion by V~ce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of D. MURRAY MALBON for a Change of Zoning District
Classification:
ORDINNACE UPON APPLICATION OF D. MURRAY MALBON FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO
R-5S Z05951448
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of D. Murray Malbon for a Change of
Zoning District Classification from A-12 Apartment District to R-5S
Single Family District on certain property located on the south side of
Carver Avenue beginning at a point 307.2 feet west of Birdneck Road.
The proposed zoning classification change of R-5S is for single family
residential land use on lots no less than 5,000 square feet. The
Comprehensive Plan recommends use of this parcel for urban medium
low density residential at densities that are compatible with multi-family
use in accordance with other Plan policies. Said parcel contains 11,252
square feet. LYNNHAVEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgima Beach, Virginia, on the Twenty-third of May, Nineteen
Hundred and Ninety-Five.
11-0 (By Consent)
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Wilham W.
ttarrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K~ Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 41 -
Item lll-J, l O.
PUBLIC HEARING
ITEM# 39255
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED
the Ordinance upon application of ANCHORAGE FARMS, L-L.C. for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF ANCHORAGE FARMS, L.L.C.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
30 TO R-20 Z05951449
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Anchorage Farms, L.L.C., for a Change
of Zoning District Classification from R-30 Residential District to R-20
Residential District on certain property located on the east side of Little
Neck Road beginning at apoint 269.14feet south of Newcastle Road. The
proposed zoning classification change to R-20 is for single family land
use on lots no less than 20,000 square feet. The Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 6.3572 acres. LYNNHAVEN
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May. Nineteen
Hundred and Ninety-Five.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
ltem llI-J, ll.
PUBLIC HEARING
ITEM # 39256
PLANNING
J. W. Godwin, Jr., 4820 Brigadoon Drive, Phone: 460-9172, presented a petition in SUPPORT of the
application and a letter of support from the Green Run Homes Association. Said letter and petitions
are hereby made a part of the record.
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of JOSEPH W. GODWIN, JR., for a Modification to the Green Run Planned
Unit Development Land Use Plan.
ORDINANCE UPON APPLICATION OF JOSEPH W. GODWIN, Jl~,
FOR A MODIFICATION TO THE GREEN RUN PIANNED UNIT
DEVELOPMENT LAND USE PLAN Z05951450
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Joseph W. Godwin, Jr., for a Modification
to the Green Run Planned Unit Development Land Use Plan to allow an
automotive servtce establishment on the north side of Lynnhaven
Parkway, 190 feet east of Primrose Lane. Said parcel is located at 1341
Lynnhaven Parkway and contains 35,675.64 square feet. PRINCESS
ANNE BOROUGH.
The following conditions shall be required.
1. No automobiles are to be stored on site.
2. All work is to be performed inside the building.
3. The applicant shall provide reasonable landscaping in keeping
with the spirit of the existing landscape regulations.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third o_f Ma_v. Nineteen
Hundred and Ninety-Five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
tlarrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
Item lll-J. 12.
PUBLIC HEARING
ITEM tt 39257
PLANNING
Johnnie Miller, President of Virginia Beach Beautification Commission, spoke in SUPPORT of the
Ordinance, but they are still displeased that the final inspection of the trees is not being accomplished
by qualified landscape personnel in the Landscape Services Department.
Upon motion by Council Lady Parker, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and
1.4 of the Tree Planting, Preservation and Replacement Ordinance re
residential and street trees and bonding requirements.
As per request and correspondence of Reba S. McClanan, her name shall be removed from the list of the
committee to study the Landscaping Ordinance. Mrs. McClanan was in OPPOSITION to some of the
concepts and requested a disclaimer of her involvement in the formulation of this Ordinance.
Voting: 9-2
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, Harold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K.
Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
William W. Harrison, Jr. and Barbara M. Henley
Council Members Absent:
None
May 23, 1995
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1.2 AND 1.4 OF THE TREE
PLANTING, PRESERVATION AND
REPLACEMENT ORDINANCE OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 1.2 and 1.4 of the Tree Planting, Preservation
and Replacement Ordinance of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained to read as
follows:
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Section 1.Z. Intent
It is the intent of the City of Virginia Beach to require the
planting of trees on residential lots and along residential
streets '-'~ ......... ~~ ~ .... ~ ..... ~ It is further
intended to perpetuate tree growth through these provisions, to
encourage tree preservation, provide adequate tree canopy and
numbers, in the best interests of the health, safety and welfare of
present and future citizens.
Section 1.4. Application.
The terms and provisions of this ordinance [appendix] shall
apply to property as follows:
A. Residential
1. Ail residential lots shall have trees planted, or
canopy cover provided, based upon the following
minimum requirements by lot size:
a. 1 - 4,999 square feet
(1) One (1) small tree per attached townhouse
interior lot.
(2) Two (2) small, or medium, trees for
attached townhouse end lots.
~&&t ..... lot.
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......... ~ lets
(3) ~4~ TWO (2) small or medium trees for all
other lots~
b. 5,000 - 7,499 square feetl
300 square-foot canopy cover~
c. 7,500 - 9,999 square feetl
400 square-foot canopy cover~
d. 10,000 - 14,999 square feetl
600 square-foot canopy cover~
e. 15,000 - 19,999 square feetl
750 square-foot canopy cover~
f. 20,000 - 29,999 square feetl
900 square-foot canopy cover~
g. 30,000 - ~Q,QQQ 65,339 square feetl
1,000 square-foot canopy cover~
h. 4~ 65,340 - 87,119 square feetl
~v square-feet canopy cover for eachv..~ .... ~
1500 square-foot canopy cover·
i. 87,200 square feet and greaterl
2,000 square-foot canopy cover~
Trees shall be selected from the specifications and
standards and shall be a minimum of five (5) to six
(6) feet in height for small trees at the time of
planting and one and one-half (1%) inch to two (2)
inches to ~ '~ '~ ~-~- ip
~-z, ~-z, ........ cal er for medium
and large trees at the time of planting. Planting
shall be accomplished in accordance with the
specifications and standards·
Existing or relocated trees on individual lots may
be used to satisfy Section 1.4.A. provided that:
a. The trees meet or exceed the quantities
required for lots one to four thousand nine
hundred ninety-nine (4,999) square feet or
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canopy cover as listed in Section 1.4.A.1.;
and
b. The trees have been protected in accordance
with Section 1.4.A.5. during construction and
are physically and structurally in good
condition pcr ~ ~ .... ~-~-~ -~ ~-
c. Trees that have canopy extending over
adjoining lots will receive credit for only
that portion of canopy covering the lot from
which the tree is growing· Credit for canopy
cover will be given when trees on adjoining
lots have canopy extending over an individual
lot, but only that portion extending will be
credited towards the required canopy cover for
the individual lot. Canopy cover for street
trees shall be credited toward residential
lots in the amount of area on the individual
lot measured from the right of way line· This
credit will be considered only if the outline
of the tree canopy, square footage of the tree
canopy and type of tree are shown on the site
plan when presented to obtain a building
permit·
Non-Acceptable trees: Trees selected for
residential use shall not be of a specie, variety
or cultivar from the non-acceptable tree list, in
the specifications and standards·
Tree protection during construction: Existing
trees that are to be used to meet the requirements
of Section 1.4 shall be protected in accordance
with the following: Before construction activity
begins, protective barriers must be securely in
place· Minimum undisturbed areas shall be
determined by multiplying the tree's diameter
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breast height (DBH), measured at four and one half
(4½) feet, by one (1) foot· This is the minimum
diameter that must be left undisturbed around each
tree. This area is approximately the area of the
outermost branches (drip line)· All construction
activities shall be prohibited within the minimum
undisturbed areas, provided for any tree(s) for
which credit is given toward satisfying the
residential canopy requirements· All temporary
construction activities shall also be prohibited
within the minimum undisturbed areas, including all
excavating, filling, trenching, construction
storage and dumping, and parking of construction
equipment/vehicles or employee vehicles.
permit, thc dcvelopcr ...... provide
· .~ 4,-,,.. 1,,..~'1 A
.
~.~ A A ~,~ & .~ ~%.- ~. J. ~,.,t J. & k t ~,,.~ N.~L Jk.,tr .Z %-& & %.- %., ~ & ~.~-~&
·
Inspection and bondinq: Each lot shall be
inspected and approved prior to the issuance of the
certificate of occupancy or final inspection
141 approval. Ail new trees must be identified with
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species identification tags and must remain tagged
until after the inspection is complete. The
inspection shall be performed by the Permits and
Inspections Division of the Department of Planning.
Where additional residential lot trees are
required, no certificate of occupancy or final
inspection approval shall be issued until the
required trees have been planted in accordance with
City of Virginia Beach typical planting standards.
When the occupancy of a structure is desired prior
to the completion of the residential lot tree
planting requirement, a temporary certificate of
occupancy may be issued if the owner or developer
provides to the Permits and Inspections Division of
the Department of Planning a disclosure statement
accepting responsibility for the installation of
the required trees.
Street Tree Planting:
1. Trees shall be planted within all public rights of
way in conjunction with new residential development
except resubdivisions, undeveloped rights of way
and townhouse developments where the street design
does not provide greenspace for street trees.
Trees shall be planted in accordance with a master
street tree plan, section 1.4.B.4., that is to be
included with the subdivision construction plans.
The master street tree plan is to be prepared in
accordance with Section 1.4.B.4. and approved by
the planning director.
2. All street trees shall be a minimum of one and
three-fourths (1%) to two (2) inch caliper at time
of planting for standard trees and five (5) feet to
six (6) feet in height for multi-stem trees at time
of planting. Trees shall be guaranteed to be in
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good physical condition as determined by the city
arborist or his designee, for a period of one (1)
year by the developer. The one-year period shall
commence from the time of final inspection.
Tree selection: Trees shall be selected from the
Specifications and Standards. Tree selection shall
be small or medium size and spaced according to the
recommended list of street trees in the
specifications and standards when distance between
sidewalk and curb is four (4) feet. Tree selection
shall be medium or large size and spaced according
to the recommended list of street trees in the
specifications and standards where the distance
between sidewalk and curb is greater than four (4)
feet or if a sidewalk is not required.
Master street tree plan: A Master Street Tree Plan
shall be prepared and contain the following
information:
a. A landscape plan drawn to the same scale as
the subdivision plan showing the location and
spacing of all trees to be planted.
b. Botanical names, common names, sizes and
quantities.
c. Planting details.
d. Location of all curb lines, sidewalks and
major utilities. Utilities conflicting with
placement of trees shall require an adjustment
of tree spacing. When adjustment is
necessary, spacing shall not exceed the
maximum allowable spacing. No trees shall be
placed within ten (10) feet of a street light
pole nor encroach within the visibility
triangle as defined by section 201(f) of the
city zoning ordinance. Generally, a minimum
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of four (4) feet of green space on either side
of sidewalk shall be required.
e. Trees on residential lots shall not be used to
meet the requirements of street tree planting,
except when a lot or group of lots are heavily
wooded and the planting of street trees would
physically conflict with the canopy of the
residential trees. The street tree
requirements may be deleted in these areas
only. The planning director or his designee
shall determine if such a conflict exists.
5 Bonding
~ ...... ~-~ ~ ....... ~ ........ ~ ..... ~ Prior
to the recordation of any final subdivision plat,
the developer shall provide a performance bond with
surety, cash escrow, irrevocable letter of credit,
any combination thereof, or such other legal
arrangement acceptable to the city attorney to
cover the costs of such trees and their planting.
In the event that the developer fails to plant such
trees as required by this ordinance, the city may
use the performance bond to cover the cost of
purchase and planting of all required street trees.
In such event, the developer shall reimburse the
city for any excess cost should the cost of
purchase and plantinq of the trees exceed the
amount of security provided. A bond shall be
required to cover the guarantee period.
Exemptions:
1. The requirements of section 1.4.~ of this appendix
shall not apply to resubdivisions or to unimproved
rights of way.
2. The requirements of section 1.4.B shall not apply
to townhouse developments where the street design
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does not provide adequate greenspace for street
trees.
Compatibility with best management practices (BMPS). In
no case shall a subdivision be approved wherein the
design calls for the planting of trees over any
underground water retention areas.
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Adopted by the Council of the City of Virginia Beach, Virginia
on the 23 day of May , 1995.
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CA-5581
\ORDIN\PROPOSED\49-01ETS.ORD
R-5
May 23, 1995
Item III-K.I..
APPOINTMENTS
ITEM # 39258
Upon NOMINATION by Vice Mayor Sessoms, City Council:
REAPPOINTED:
APPOINTED:
Diane Burnside Murdock
Susan F. Sadler, Ph~D
Colonel Angel Luis Morales
Armand James DeBellis
Two Year Terms
07/01/95 - 06/30/97
Voting: 11-0
ARTS AND HUMANITIES COMMISSION
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
Item III-K.2.
APPOINTMENTS
ITEM # 39259
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
COIG - REVIEW AND ALLOCATION COMMITTEE
Nancy K. Parker
Finance Liaison Committee
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones,
Mayor Meyera E Oberndorf, Nancy ~ Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
Item III-K.3,
APPOINTMENTS
ITEM # 3926O
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
EROSION COMMISSION
Henry H. Richardson III
Unexpired Term Thru 04/30/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 47 -
Item III-K,4,
APPOINTMENTS
ITEM # 39261
BY CONSENSUS, City Council RESCHEDULED the following ,4ppointment:
MINORITY BUSINESS COUNCIL
May 23, 1995
Item III-K,5,
APPOINTMENTS
ITEM # 39262
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
RA,4C - RESORT AREA ADVISORY COMMISSION
John F. Malbon
Unexpired Term Thru 12/31/97
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 1995
Item III-K. 6.
APPOINTMENTS
ITEM # 39263
Upon NOMINATION by Vice Mayor Sessoms, City Council made the following VIRGINIA MUNICIPAL
LF~GUE POLICY COMMITTEE NOMINATIONS:
Community Development
and Public Safety
Louisa M. Strayhorn
Environmental Quality
Robert K. Dean
Finance E. Dean Block
Human Development
and Education
Nancy K. Parker
General Government
Linwood O. Branch III
Transportation
Barbara M. Henley
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold 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 Voting Nay:
None
Council Members Absent:
None
May 23, 1995
- 50 -
Item III-L.I.
UNFINISHED BUSINESS
ADD-ON
ITEM # 39264
The City Attorney briefed City Council relative REAPPORTIONMENT - 1995 Charter Changes.
CITY CHARTER SECTION 3:021.1
On or Before
January 1, 1996:
On or Before
March 1, 1996:
General Election
in May of 1996:
General Election
in May of 1998:
City Council Petitions the Circuit Court to order an Advisory
Referendum to be held at the General Election in May of 1996
on the question of whether the Council Member elected from a
district shall be elected by the qualified voters of the district
rather than at-large.
City Council, by ordinance, establishes the boundaries and
names of the new, approximately equally populated, residence
districts.
(1) Above-referenced Advisory Referendum is held; and,
(2) Qualified Voters of City at-large elect representatives from
Blackwater, Princess Anne and Virginia Beach Boroughs for
terms of two (2) years, and Mayor and one (1) at-Large
Council Member for terms off our (4) years.
(1) Representatives of Districts one through three elected by
qualified voters of C~ty at-large for terms of two (2) years;
and,
(2) Representatives of districts four through seven elected by
qualified voters of City at large for terms of four (4) years;
and
(3) Two (2)At-large representatives elected for terms of four
(4) years.
Thereafter, all Council Members and the Mayor elected for
terms off our (4) years.
The City Attorney suggested this Summer City Council should reconvene the same Committee that
previously worked on the Reapportionment issues. This Committee was composed of representatives from
the City Manager's and City Attorney's Office. The software is already in place for the redrawing of
district lines. The Committee would recommend again retaining Election Data Services.
May 23, 1995
- 51 -
Item III-M.1,
NEW BUSINESS
ITEM # 39265
ADD -ON
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council
RESCHEDULED:
City Council Session of July 4, 1995 to CONSOLIDATE with
City Council Session of July 11, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
May 23, 1995
- 52 -
Item III-N.
ADJOURNMENT
ITEM # 39266
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:50 P.M.
Beverly O: Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 23, 1995
City of Virginia [3each
FRANK DREW SHERIFF
(804) 427-4555
P O BOX 6O98
VIRGINIA BEACH VIRGINIA 23456 9073
May 15, 1995
The Honorable Mayor
and City Council Members
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf and Members of Council:
I know that in your position as City Council Members, you seldom hear from anyone
unless they are angry or need something from you. I thought you might appreciate how
important the recently approved pay supplement is to my deputies, as is evident in the letters I
have enclosed. It not only helps them financially, but makes them feel more a part of the City.
We are very proud of the working relationship we have with our City and we appreciate
all that you do for us. I have always tried to stress to my staff how important City Council is
to them; I think they now understand.
Once again, thank you for all of your support.
Si~r~ely,
Frank Drew
Sheriff
FD:kfw
Encls.
VmGINIA
BEACH
May 15, 1995
Honorable Mayor and
Members of City Council
City Hall
Municipal Center
Virginia Beach, VA 23456
Drug Abuse Resistance Hducauon
DARE Umt
Mumcipal Center
Virginia Beach, VA 23456
(804) 427-9743
Sheriffs Office
Frank Drew, Sheriff
Lmda H. Jacocks, Captazn
Jeff M Kocela, Sergeant
Pohce Department
Charles R Wall, Chzef
A M Jacocks, Jr, Captain
Ronald M Haynes, Sergeant
On May 11, 1995, we were notified that City Council had approved a
"City Pay Supplement" for the Sheriff's Office. On behalf of the
Virginia Beach Sheriff's Office-D.A.R.E. Unit, we would like to
thank each and every one of you for your support.
The D.A.R.E. Unit realizes that money is tight for everyone, even
the City of Virginia Beach. We appreciate your generosity.
Sincerely,
Cpl. M. O. Palmer
Dep. C. M. Bonney
Dep. P. J. Leak
· Riggs v
D. D. Noha
Crean
Dep. J. P. Mclntire Dep. M. L. Rector
Dep. L~R. Sanderson
dd
City of Virginia Beach
FRANK DREW SHERIFF P O BOX 6098
(804) 427 4555 VIRGINIA BEACH VIRGINIA 23456 9073
To the Honorable Mayor of the City of Virginia Beach
and Members of the Virginia Beach City Council
I wish to take this time to thank you and the city council
members for the deputy's supplement. I know that in these times of
reduce budgets, you took the time to consider our organization for
this pay increase. We appreciate your time and effort that went
into this project and wanted you to know that it was greatly
appreciated. Thanks again.
:, Si, ncerely ,/~
t Captain Elliot O~ciz
Virginia Beach Sheriff' s Office
12 May 1995
From: Corporal C. C. Magnum
To: Mayor Meyera E. Oberndorf and Virginia Beach City Council
Subj: Letter of Thanks
1. It was very generous of the Mayor and the Virginia Beach City
Council to grant a pay raise for the Virginia Beach Sheriff
Department.
·
Please accept my personal thanks ~or the monetary award·
Co Co lVl~~
The Honerable Mayor
And The City Council,
Princess Anne Municiple Center
Virginia Beach, Virginia
May 9, 1995
I would like to take this moment to thank you all for the much
needed addition to the income for members of the Virginia Beach
Sheriff's Office. I am very proud to be a member of such a fine
organization, and this community. Thank each and everyone of
you,for your concideration and thought at this time.
Respectfully,
Deputy Terry Abrams
1136 Garv~n Street
Norfolk, Va. 23505
To The Honorable Mayor and Members of the Clw Counsel:
I would hke to take ttus opportumW to thank you, sn', and the City Counsel
members for the Supplemental Increase that was ax~arded to the Virguua Beach
Sheifft~s Department
This increase tn salan' means a lot to me both personally and prolessionall3'
Foremost. ~t ~vill help mv family secondly, it is recognition of the work we do in the Sheriffs
Departme.nt, wolk that is unique-, de~nandmg and sometimes difiqcull. I am p~oud to be a part of
this organizatton
IX,Iv wife and I thank vou.
~ase Anthony Reber
Deputy, "B" Team
Vtrginia Beach Sheriffs Department
To : The Honorable Mayor
and
Members of the City Council
12 April 1995
From myself and my family we wish to express our
appreciation for the pay augment which you have
recently approved for the Sheriffs department. With a
understanding of the difficulty in finding money in
these times of dwindling resources and rising demands
we wish to say thank you for your efforts on our
behalf.
Very Respectfully
J. A. Adams Jr.
94-092
May 11, 1995
Mayor Meyera E. Oberndorf
& City Council
Administration Bldg.
Municipal Center
Virginia Beach, VA 23456
RE: $1,200 Subsidized Pay
Dear Mayor Oberndorf & City Council:
I personally want to thank you for coming to the assistance of the
Sheriff's Department and allowing the $1,200 subsidized pay
increase. The money will help lift the spirits and the moral~of
this office.
Thanks again.
Yo~s truly,
Deputy E. T. Clark
Va. Beach Sheriff's Department
TO:
SHERIFF FRANK DREW
VIRGINIA BEACH CORRECTIONAL CENTER
VIRGINIA BEACH, VA 23456
FROM: DEPUTY K.P. HIMLER
Sheriff Drew,
I am writing this letter to let you know how much I
appreciate the efforts and lengths you went to in obtaining
the recent pay increase for your deputies.
Not only do I appreciate and benfit from your efforts,
but my family shares the same feelings as I do.
Again, I thank you as does my family.
Sincerely,
K. P. Himler, Deputy
lO
May I0, 1995
The Honorable Meyera E. Oberndorf
Members of Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor Oberndorf and Members of Council:
As a Deputy Sheriff with the City of Virginia Beach, I would like to express my
sincere appreciation for the supplemental pay that was approved during the last Council
Session. It is very rewarding to know that your hard work and dedication the City of
Virginia Beach is appreciated. Once again, my sincere appreciation to all of you.
Sincerely,
Deputy Adam J. Archer
MAY 11, 1995
TO THE HONORABLE MAYOR
CITY OF VIRGINIA BEACH
AND
MEMBERS OF THE VIRGINIA BEACH
CITY COUNCIL
THIS LETTER IS WRITTEN TO ADDRESS THE UPCOMING CITY SUPPLEMENT
FOR THE VIRGINIA BEACH SHERIFF'S DEPARTMENT. IT IS WITH DEEPEST
GRATITUDE THAT I WRITE THIS LETTER TO THANK EACH AND EVERYONE OF
YOU FOR YOUR SUPPORT IN MAKING THIS DECISION. I AM SURE I SPEAK
FOR THE ENTIRE STAFF WHEN I SAY THANK YOU FOR YOUR GENEROUSITY.
IT IS THIS TYPE OF CITY SUPPORT, WHICH MAKES ME PROUD FO BE A
RESIDENT OF VIRGINIA BEACH AND A LAW ENFORCEMENT OFFICAL FOR SUCH
A FINE CITY.
RESPECTFULLY,
DEPUTY R.C. DAM rAN
May 11, 1995
To Honoarable Mayor City of Virginia Beach and
Members of the Virginia Beach City Council
On behalf of the Deputy's of Virginia Beach, I would like to thank
you all for the $1200.00 dollar subsidy. We have enjoyed our
working relationship in the past and we are looking forward to the
future.
~spectfully
Ralph
Deputy 93-061
TO:
FROM:
DATE:
THE HONARABLE MAYOR, CITY OF VIRGINIA BEACH
AND MEMBERS OF THE VIRGINIA BEACH CITY COUNCIL
SEARGENT L.E. MAPES, VIRGINIA BEACH SHERIFF'S DEPARTMENT
MAY 11, 1995
PLEASE EXCEPT MY SINCERE GRATITUDE REGARDING YOUR RECENT
DECISION TO SUPPLEMENT THE INCOMES OF THE EMPLOYEES AT THE VIRGINIA
BEACH SHERIFF'S DEPARTMENT. I AM CURRENTLY A SINGLE PARENT WITH
THREE DEPENDANTS, AND I AM VERY APPRECIATIVE FOR THE CONSIDERATION
GIVEN TO THOSE EMPLOYEES STRIVING TO MAKE THIS THEIR CAREER.
I FEEL THE EMPLOYEES AT THE VIRGINIA BEACH SHERIFF'S
DEPARTMENT TAKE GREAT PRIDE IN THEIR WORK, AND THIS IS AN INCINTIVE
FOR THEM TO CONTINUE TO DO A GREAT JOB.
RESPECTFULLY,
SEARGENT L.E. MAPES
MEMBERS OF THE VA BEACH CITY COUNCIL,
11 MAY, 1995
THIS IS A LETTER TO THANK YOU FOR PASSING THE CITY SUPPLEMENT TO
OUR PAY. I HAVE BEEN EMPLOYED AT THE SHERIFF'S OFFICE FOR OVER 10
YEARS, AND HAVE SERVED UNDER 3 DIFFERENT SHERIFF'S. SHERIFF DREW
HAS WORKED DILIGENTLY TO IMPROVE THE IMAGE OF THE SHERIFF'S OFFICE,
CREATING A MUCH MORE PROFESSIONAL ORGANIZATION, WITH QUALITY STAFF.
THE PAY RAISE THAT WE HAVE JUST RECEIVED SHOULD GO AhONG WAY TO
FURTHERING THESE GOALS.
THANK YOU
SGT J.W. MAPES
VIRGINIA
Frank Drew
3henff
P O Box 6098
V~rg~ma Beach, VA 23456-9073
(804) 427-4555
May 11, 1995
Honorable Members of Virginia Beach City'council:
I would like to take this opportunity to thank the members
of city council for recognizing the need to improve the pay for
Deputy sheriffs in this city.
This action will not only improve the standard of living for
deputies, but will effectively increase morale as well.
.~._p~Sincerely,~ J ~
H. Thomas White, Captain
Virginia Beach Sheriff's Office
To The Honorable Mayor and Members of the City Counsel;
I would like to take this opportunity to thank you, mam, and the City Counsel
members for the Supplemental Increase that was awarded to the Vn'gmm Beach
Sheriffs Department.
This increase in salary means a lot to me both personally, and professionally.
Foremost, it will help my family .... secondly, it is recognition of the work we do in the Sheriffs
Department, work that is unique, demanding and sometimes difficult. I am proud to be a part of
tlus organizalion
My wife and I thaitk you.
Sj~cerely~f
C.D. Taylor
Depu¢', "B" Team
Virgima Beach Sheriffs Department
12 May 1995
From: Sergeant K. Riggan
To: Mayor Meyera E. Oberndorf and Virginia Beach City Council
Subj: Letter of Thanks
1. It was very generous of the Mayor and the Virginia Beach City
Council to grant a pay raise for the Virginia Beach Sheriff
Department.
·
Please accept my personal thanks for the monetary award·
K. RICKIAN
VIRGINIA BEACH SHERIFF'S OFFICE
MEMORANDUM
TO:
Honorable Mayor and City Council Members
FROM: Capt. S. M. Wilke
DATE: May 12, 1995
SUBJECT: Deputy Subsidy
I would to take this opportunity to thank each of you for your support. The Deputy subsidy
pay that was approved by City Council this week is very much needed by the Deputies in this
department. I feel that this turning point will be advantageous to both the Sheriff's Department
and the City of Virginia Beach, in that the deputies will feel like they are more appreciated by
the City Of Virginia Beach, and therefore will be more willing to play a larger role in our
efforts to make Virginia Beach its finest. Once again, my subordinates and I sincerely thank you.
Sincerely,
(~apt.' S. ~. Wilke
MAY 11, 1995
TO THE HONORABLE MAYOR
CITY OF VIRGINIA BEACH
AND
MEMBERS OF THE VIRGINIA BEACH
CITY COUNCIL
I WOULD LIKE TO TAKE A MOMENT OF YOUR VALUABLE TIME TO EXPRESS
MY DEEPEST GRATITUDE REGARDING YOUR RECENT DECISION TO SUPPLEMENT
THE VIRGINIA BEACH DEPUTY SHERIFF'S PAY. I HAVE CURRENTLY BEEN
EMPLOYED WITH THE SHERIFF'S DEPARTMENT FOR TWO YEARS AND WOULD LIKE
TO EXPAND ON MY EDUCATION IN LAW ENFORCEMENT. YOUR RECENT DECISION
WILL HELP PROVIDE FOR MY FAMILY DURING THIS TIME.
RESPECTFULLI{, %
DEPUTY DAVID G. WEST
MAY 11, 1995
TO THE HONORABLE MAYOR
CITY OF VIRGINIA BEACH
AND
MEMBERS OF VIRGINIA BEACH
CITY COUNCIL
I WOULD LIKE TO TAKE A MINUTE OF YOUR VALUABLE TIME TO
EXPRESS NY SINCERE THANKS AND APPRECIATION FOR YOUR RECENT
DECISION TO APPROVE A SUPPLEMENT TO THE SALARIES OF ALL DEPUTY
SHERIFFS IN THE CITY OF VIRGINIA BEACH. PLEASE EXPRESS MY SINCERE
GRATITUDE TO ALL WHO HELPED TO APPROVE THIS MUCH NEEDED SUPPLEMENT.
MY GOD BLESS YOU ALL.
SINCERELY,~
DEP. ROBERT A. D'AGOSTINO
VIRGINIA BEACH SHERIFF'S OFFIC~
CORRECTIONAL OPERATIONS C-TEAM
4o
FRANK DREW SHERIFF
(804) 427 4555
P O BOX 6098
VIRGINIA BEACH VIRGINIA 23456 9073
Deputy Pamela S. Akins
2137 Manassas Run
Virginia Beach, VA 23464
May 11, 1995
To the Honorable Mayor Oberndorf City of Virginia Beach and
Members of the Virginia Beach City Council,
This letter is to address your decision in granting City
Subsidized Pay to the Deputies of the Virginia Beach Sheriff's
Office. With todays economy being what it is, any extra bonus is
always welcome.
I enjoy my job. I am proud to wear my uniform and represent
the City of Virginia Beach. I appreciate your continued support.
To the Honorable Mayor and Members of City Council,
The pay increase provided by the subsidation, has increased the
morale of Watch Team C greatly. All teams of the Sheriff's Office
appreciate and need the added income. The incentive w~ll keep
experienced Deputies on the job, as well as, attract more deputies
to,he Sheriff's Office. The City of Virginia Beach will benefit
by creating a h~ghly motivated Corp of Deputies.
Thank you, ,-
Deputy P. B. Goulart
5-11-
City Council
City of Va. Beach Va.
May 11, 1995
Dear Members
I would like to Thank the members who voted in favor of the
pay supplement. Your show of support for the Va. Beach Sheriff's
Office is greatly appreciated. The pay supplement you voted for
gives me a feeling of true acceptance as a Va. Beach Public
Servant.
The increase will be a great benefit to myself and family.
S~ncerely t
Sgt. L.G. Kiefer
,~ z,/C 6-'-/e c:7/,,¢/z
TO:
FROM:
DATE:
M E M O R A N D U M
Member's of City Council
Cpl. J.W. Brazier
May 10, 1995
SUBJECT: Supplemental Pay Raises For Deputy Sheriffs
Thank you for approving a supplemental pay lncredse for deputy
sheriffs. I would like to express my appreciation loc your
continued support, understanding, and concern for the well be±hq of
deputy sheriffs.
Sincerely,
/
/;- ,: ,v/,4' tO c r,,'7 z
May 11, 1995
Honorable Mayor Meyera Oberndorf,
Members of The Virginia Beach City Council
Va. Beach, Va. 23456
Dear Sir/Madam:
I would like to express my appreciation for your granting a
pay subsidy for myself and fellow Virginia Beach Sheriff's
Deputies.
Thank You for considering our needs!
Sincerely,
·
Deputy V. W. Thomson
David L. Van Nice
433 Slate Street
Chesapeake, VA 23322
May 12, 1995
Mayor Meyera Oberndorf
Municipal Center
Virginia Beach, VA 23456
Dear Mayor Oberndorf and City Council Members,
I am taking this opportunity to thank you for being a major figure of support for the Virginia
Beach Sheriff's Office, especially in light of the Council's recent decision to fund a supplement
for its Deputies.
Until recently I was Director of Personnel for the Sheriff's Office, and as such very aware of
the forces that attract individuals to this vocation, not the least of which is salary. It is widely
accepted that ours ranks highest in terms of a working environment and professionalism
among Hampton Roads Sheriff's Offices; however, until the passage of this supplement, salary
has always been an impediment to hiring the best Deputies or keeping them, once they have
been brought on board. Now our pay scale is very competitive with neighboring cities and
our own police department, which will make a positive difference in our retention statistics.
Although I am not a citizen of Virginia Beach, I have long been a supporter of you and many
of your points of view. I wish you every good fortune and continued success in your high
office and personal life.
Slncerel~ /~
David L. Van Nice, Captain
Virginia Beach Sheriff's Office
To: Virginia Beach City Council Members
From: Cpl. P.J. Pearson, Virginia Beach Sheriffs Office
Re: Pay Supplement
5/10/95
Councilmembers,
I would like to extend my thanks and express my gratitude for
the pay supplement that was approved in the last session. I have been
working for the Sheriff for three years and I have nothing but praise and
appreciation for the recognition we have been given for our efforts.
Thank You~ ,-~
CpI. P.J. Pearson
To: The Honorable Mayor, City of V~rglnla Beach
and members of the City Council
Please allow me to take a moment of your valuable time, to
offer my sincere thanks. Your recent decision to supplement the
salaries of myself and the other personnel here at the Virginia
Beach Sheriff's Office is greatly appreciated. Thank you for your
consideration and understanding in th~s matter. Once again, you
have my sincere thanks and appreciation.
Slncere 15,,
Deputy W.E. Collard
Vlrgxn~a Beach Sher]_ff's Off~ce
May 12, 1995
Dear City Council,
Thank you very much for the generous pay increase. It is so
greatly appriciated.
Deputy Orlina L.S.
May,12 1995
Dear City Council,
Thank you very much for my pay increase. It is greatly
appriciated.
Sincerily,
Deputy Applewhite G.R.
oF
To the Honorable Mayor; City of Virginia Beach,
and Members of the Virginia Beach City Council,
As a member of over fifteen years service with the Virginia
Beach Sheriff's Office I would like to take this opportunity to
thank everyone who was involved with the approv=tl of City
Subsidized Pay. At no time during my career as a Deputy Sheriff has
the C~ty stepped forward with such a tremendous offering of
gratitude for its Deputies who are sworn to serve, and protect xts
citizens. I sincerely thank you for the statement you have made by
supporting City Subsidized Pay to the Virginia Beach Sherxff's
Office.
Sgt. R.A. Retterer
To the Honorable Mayor; City of Virginia Beach,
and Members of the Virginia Beach City Council,
As a proud member of the Virginia Beach Sheriff's Office I would
like to extend my deepest gratitude for the decision this wonderful
C~ty has made ~n granting City Subsidized Pay to employees of the
Virginia Beach SherIff's Office.
I know as a personal result of your decision plans that my wife,
and I have made financially will now change. Before C~ty SubsidIzed
Pay the prospects of hav~ng, and being able to support children
financially lurked gloomily over our heads. I believe now after
reevaluation of our financial situation w~th the generous City
Subsidized Pay being able to start, and support a family has
suddenly become feasible. For that there are no words that can
express the happiness you have brought my wife, and me.
As a Deputy of over f~ve years I had resolved myself to the fact
that there were no other alternatives other than a second job in
order to stay above the inflation of our economy. Due to your
decision to subsidize Deputies pay I w~ll now be able to spend more
t~me with my w~fe, and family; for that you have my deepest thanks.
Respect ful. ly,
From: Lt. L. A. Braun, Va. Beach Sheriff's Office
To: The Honorable Mayor and Members of C
I would like to take this opportunity to ex
gratitude for approving supplementary pay f
Sheriff's office. This action clearly refl
for the welfare of both the community and i
enforcement personnel. It has helped my fa
the financial strain of sending our oldest
Without this assistance we would have been
furthering his education. In closing I'd 1
once again.
ouncil
press my
or the Va. Beach
ects your concern
ts law
mily by easing
son to college.
hard pressed in
ike to thank you
Respectfully,
L. A. Braun
09 May 1995
Dear Honorable Mayor and City Council:
It is with deepest gratitude that I write to thank you for
passing the supplemental raise ~or Deputy SherIffs. Th~s much
needed additional money will assist in keeping quality personnel
and hopefully stop tile high turnover rate we experience. The
efforts of all those Involved are appreciated. We will continue to
set an professional example.
D. G. Gaede
Deputy Sheriff
09 May 1995
Dear Honorable Mayor and City Council:
It is with gratitude that I write to thank you for passing the
supplemental raise for Deputy Sherii£s. I believe, that the
supplemental ~ncome will assist in keeping Deputies serving for a
longer period o~ time. I have been employed since May ], 1989 and
deeply appreciate the supplemental raise. I especially appreciate
the effort by the Sheriff and the City Council in understanding
what we do in th~s negative environment to make it a positive
community service.
S±ncerely,~
J. M. LARAMORE
Deputy °oherlff
TO:
FROM:
The Honorable Mayor, City of Virginia Beach
and members of the Virginia Beach City Council
Corporal A.J. Guarino, Virginia Beach Sheriff's office
DATE: 05-09-95
SUBJECT: Sincere Appreciation
Please accept my thanks, and sincere appreciation on your
recent decision to supplement the income of myself and the other
employees at the Virginia Beach Sheriff's office. Your decision to
approve this supplement is a prime example of the support our city
leaders show the personnel in their employ. This supplement will
greatly aid in offsetting the rising cost of living in today's
economically challenging times.
I take great pride in not only being an employee, but also a
resident of Virginia Beach. Once again, thank you one and all.
Respectfully and with si~cer~appreciation,
/ Cp .~~.J. Guarino
~j~nia Beach Sheriff's Office
, /
Honorable Mayor Oberndorf and Members of the City Council
My name
is Stanley C. Columbia.
Beach Sheriff's Office.
I'm a Deputy Sheriff with the Virginia
I am writing to convey to you my sincere
appreciation and gratitude for your voting to approve a pay
supplement for the Sheriff's Office. Your support of the citizens
of Virginia Beach and it's city employees is commendable. The
additional pay will come in handy and shows me that you do appre-
ciate the work we do. Again on behalf of myself and my family,
Thank-You.
Sin~~y Yours,
Columbia
,
t"{ a,,t 1.2-
/
09 May 1995
Dear Honorable Mayor and City Council-
It is with deed gratitude that I write to thank you for
passing the supplemental raise for Deputy Sheriffs.
cerely,
P. Fo Barnes
Deputy Sheriff
09 May 1995
Dear Honorable Mayor and City Council:
It is with deep apprecIation that I write to thank you for
passing the supplemental raise for Deputy Sheriffs. Th~s
additional money w~ll assist ~n keeping quality personnel. I
appreciate the efforts of all those involved and look forward to
serving you, the C~ty Council, our Sheriff and the community with
distInction.
Sincerely,
M. T. White
Deputy Sheriff
09 May 1995
Dear Honorable Mayor and City Council:
It is with deep gratitude that I write to thank you for
passing the supplemental raise ~or Deputy Sheriffs. I feel this
w~ll assist in keeping the turnover rate to a m~nlmum and be able
to keep quality Deputies employed. The quality Depu%les ~111
provide a safer environment for the community. Again, I thank ~ou
for the supplemental raise.
S~ncerely,
S. L. Hendrick
Deputy Sheriff
DEAR HONORABLE MAYOR AND CITY COUNCIL MEMBERS,
I WOULD LIKE TO THANK YOU ALL VERY MUCH FOR APPROVING THE
SUPPLEMENT THAT WE WILL BE RECEIVING SOON.
THANK YOU
DEPUTY S. R. HALE
TO: Honorable Mayor and Members of City Council
From: Deputy James W. Buffington III
DATE: May 10, 1995
I would like to take this opprotunity to thank you for the
approval of supplemental pay to the Sheriff's Department.
I have recently purchased a home and this money will help a
great deal in the accomplishment of the improvments that
I would like to make to my home.
Again, I would like to thank you for your generosity.
Sincerely,
~ ~a ~~
Deputy mes W. Buffington III
gLrc.llrl~ca I.tc,,...~( I~ CIt'v' L,i)~trlc iJ
ILl ('~,
C ( ) I't'!,. L I'ILk J. I~(.I
t I'~z,.:, ( J t ,v,,
V¢'.l'v I','(.."ql')~"( t f ~.J.I Iv,,
¢
May 11, 1995
The Honorable Meyera E. Obemdorf
The Office of the Mayor
City of Virginia Beach
Virginia Beach, Virginia 23456
Dear Mayor Obemdorf:
I wish to thank you for your support of the Virginia Beach Sheriff's Department. Although I
am a new employee for the Sheriff' s Department, I have had numerous occasions to witness the
cooperation and team spirit of those fellow employees with which I work. It is an added plus
to know that the Sheriff's Department is also greatly supported by other city agencies.
Again, thank you for your continued support. It is greatly appreciated.
Sincerely,
Steven D. Beam
Deputy
Virginia Beach Sheriff's Department
I)ATJ.: -
~,'ITY ;il' VIR(;INJA t~t,:ACil
i ! ,. · , ', ~q
805 Tucson Road
Virginia Beach, VA
12 May 1995
The Honorable Meyera E. Oberndorf
Members of City Council
Virginia Beach, Virginia
Dear Mayor Oberndorf and Members of City Council~
Please accept my personal gratitude for your support of the
Virginia Beach Sheriff's Office. Your positive action is greatly
appreciated.
Very truly yours,
Gerald E. Kantzer
Deputy Sheriff
May 1, 1995
To The Honorable Mayor, City of V~rg~ma Beach
and the Members of the V~rg~ma Beach City Council
I wanted to take ttus moment to thank you for approving an ~ncrease ~n the city-subsidized
salaries of the Virginia Beach Sheriff's Department for 1996 The $1,200 increase is a long-needed
boost and will be greatly apprecmted
This letter of thanks ~s only a small degree of how much I am grateful for your
thoughtfulness
Thank you agmn for your continued support of law enforcement
S~ncerely,
Deputy K D Pdctue
I
CPc '-:'. ~.
L"T. ~.:, t-~ c..~::¥%,
The Honorable Mayor Meyera E. Oberndorf,
Members of City Council
May 12, 1995
Dear Mayor,
I would like to express my appreciation to you and
members of City Council for the recent pay supplement.
This pay supplement displays the continued support that
City Council has given the Sheriff's Office under Sheriff
Frank Drew. It also shows to neighboring cities that
"our" city council in these economic times, supports the
Sheriff's Office.
Sincerly,
K. D. Richendollar
May 15, 1995
City Council and City Manager
Cfly of V~rg~ma Beach
Munlc~pal Center
Vlrganla Beach, Va 23456
Dear Madam Mayor, Members of Council and Mr Manager
I would hke to personal thank you for your cons~derauon regarding your recent vote to
supplement the Deputy Pay scale This money will help many of the Deputies to feed
their famlhes and for others to provide them w~th a means for working less part t~me
hours, off duty
We have not always been looked upon as part of the "City Team "but ~t 1s now obwous
that our Mayor, City Council and C~ty Manager feel that we are in fact part of that
Team
As always you can count on my support ~n making Vlrglnm Beach a great place to live
S~ncerely,
Donald C Cottrell -"
V~rg~ma Beach ShenlTs Office
TO THE HONORABLE MAYOR AND CITY COUNCIL:
I WOULD LIKE TO TAKE TIME TO THANK YOU AND CITY COUNCIL MEMBERS
FOR THE SUPPLEMENT TO OUR PAY. I APPRECIATE YOUR TIME AND EFFORT.
SGT K.S. TRESSLER
VIRGINIA BEACH SHERIFF'S OFFICE
09 May 1995
Dear Honorable Mayor and City Council:
It is with deepest gratitude that I write to thank you for
passing the supplemental raise for Deputy Sheriffs. Th~s much
needed additional money will assist in keeping quality personnel
and hopefully stop the high turnover rate we experience. The
efforts of all those involved are appreciated. We will continue to
set an professional example.
D. G. Gaede
Deputy Sheriff
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CORPORAL BRIAN K. ATWOOD, BOOKING SUPERVISOR
I WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK YOU VERY MUCH
FOR PASSING THE CITY SUPPLEMENT ON TUESDAY. THIS OFFICE HAS LOST
ALOT OF VERY GOOD PEOPLE DUE TO BETTER PAYING AGENCIES IN THE AREA.
THIS PAY INCREASE HAS ALREADY BRIGHTENED THE MORALE OF PEOPLE
WORKING HERE AND WILL ASSIST IN PEOPLE CHOOSING CAREERS IN THE
VIRGINIA BEACH SHERIFF'S OFFICE. THIS WILL ALSO DIRECTLY ADD IN
THE PROFESSIONALISM OF THE SHERIFF'S OFFICE INWHICH EVERYONE WILL
BENIFIT FROM.
SINCERELY, ~,~
BRIAN K. ATWOOD
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DEPUTY ALAN R. BAUMANN, BOOKING B-TEAM
I WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK YOU VERY MUCH
FOR PASSING THE CITY SUPPLEMENT. THIS OFFICE HAS STRUGGLED WITH A
HIGH TURN OVER RATE DUE TO LOWER PAY THAN IN THE SURROUNDING
CITIES. THIS PAY INCREASE HAS GIVEN THE SHERIFF'S OFFICE A BREATH
OF FRESH AIR FOR ALL OF US WORKING HERE AND WILL ASSIST IN PEOPLE
CHOOSING CAREERS IN THE VIRGINIA BEACH SHERIFF'S OFFICE. THIS WILL
DIRECTLY ADD IN THE PROFESSIONALISM OF THE SHERIFF'S OFFICE INWHICH
EVERYONE WILL BENIFIT .
BRIAN T. EIKE
3505 TUPELO TRAIL APT. # 202
VIRGINIA BEACH, VIRGINIA 23452
To thc Honorable Mayor, City of Virginia Bcach and Mcmbcrs of Virginia Bcach City Council,
I would like to thank you for your support in approving our supplemental raise. This means a
grcat deal to my wifc and I since we have been married less than a year and both work for thc
Virginia Beach Sheriff's Office. We also had our first baby this year on January 24. As with
everyone, starting a new family is expensive to say the least but our raises will make a substantial
difference. I once again would like to give a sincere thanks to everyone involved in making this
corec truc.
Respectfully,
Brian T. Eikc
Deputy Sheriff
12 MAY 1995
THE HONORABLE MAYOR OF VIRGINIA BEACH
THE HONORABLE MEMBERS OF CITY COUNCIL
IT IS WITH PROFOUND GRATITUDE THAT YOU HAVE GRANTED THE
CITY SUPPLEMENT PAY FOR THE EMPLOYEES OF THE VIRGINIA BEACH
SHERIFF'S DEPARTMENT. BY YOUR DECISION YOU HAVE SHOWN VIRGINIA
BEACH DEPUTY SHERIFF'S THAT WE ARE AN ASSET TO THE CITY, AND FOR
THAT YOU HAVE MY DEEPEST THANKS.
S~. ~OHN M. OCHS
TO: CITY COUNCIL OF VIRGINIA BEACH
FROM: DEP M A ADAMS
VIA: CHAIN OF COMMAND
RE: SALARY SUPPLEMENT INCREASE
On behalf of my family and myself, I would like to thank you
for the salary supplement increase recently approved by you and the
Honorable Mayor. This increase shows that the City Council is
aware of the work the Sheriff's Deputies perform for the City of
Virginia Beach.
Again, our sincere thanks.
TO: HONORABLE MAYOR OBERNDORF
FROM: DEP L D SAPP~
VIA: CHAIN OF COMMAND
RE: SALARY SUPPLEMENT INCREASE
On behalf of my family and myself, I would like to thank you
for the salary supplement increase recently approved by you and the
City Council. This increase shows that the City Council is aware
of the work the Sheriff's Deputies perform for the City of Virginia
Beach.
Again, our sincere thanks.
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DEPUTY L.D. PORTER, BOOKING B-TEAM
I WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK YOU FOR
PASSING THE CITY SALARY SUPPLEMENT. THIS OFFICE HAS STRUGGLED WITH
A HIGH TURN OVER RATE DUE TO LOWER PAY THAN IN THE SURROUNDING
CITIES. THIS PAY INCREASE HAS GIVEN THE SHERIFF'S OFFICE A BREATH
OF FRESH AIRAND WILL ENCOURAGE PEOPLE TO CHOOSE A CAREER WITH THE
VIRGINIA BEACH SHERIFF'S OFFICE. THIS WILL DIRECTLY ADD IN THE
PROFESSIONALISM OF THE SHERIFF'S OFFICE IN WHICH EVERYONE WILL
BENEFIT .
SINCERELY,
L.D. PORTER
93-048
May 12, 1995
The Honorable Meyera Obemdorf
Mayor, City of Virgima Beach
Va Beach, VA
Dear Mayor Obemdorf,
I would like to take this opportunity on behalf of my family and fellow Virginia
Beach Deputy Sheriffs to thank you and your council for your generous supplement to
our salary This increase will be greatly appreciated
I know that budgets are very tight this year and I feel honored that the Sheriffs
Office was generously included I would like to express my sincere gratitude and thanks
for recognizing our service to the City of Virginia Beach
Sincerely,
Charlie E Gray III, Corporal
Virginia Beach Sheriffs Office
VIRGINIA BEACH SHERIFF'S OFFICE
To: Virginia Beach City Council Members
From: Deputy T.D.Wirges
Date: May-15-95
Honorable Ladies and Gentlemen,
I would like to take this time to thank you for your support
of the Virginia Beach Sheriff's Office by your gracious act of the
supplemental pay raise. It has been my good fortune to be a proud
member of Virginia Beach Sheriff's Office and I share your firm
belief that the quality of law enforcement officer truly depicts
the honest efforts of the city to combat the crime problem of our
society. It is my honer to be affiliated with such an outstanding
city as Virginia Beach. Once again Thank You very much.
17 MAY 1995
THE HONORABLE MAYOR OF VIRGINIA BEACH
THE HONORABLE MEMBERS OF CITY COUNCIL
GRANTING THE CITY SUPPLEMENT PAY FOR EMPLOYEES OF THE VIRGINIA
BEACH SHERIFF'S DEPARTMENT MADE ME TO EXPRESS MY SINCERE GRATITUDE
AND DEEPEST THANKS.
VERY RESP.E~LLY,
17 MAY 1995
THE HONORABLE MAYOR OF VIRGINIA BEACH
THE HONORABLE MEMBERS OF CITY COUNCIL
AT THIS TIME I WOULD REALLY LIKE TO THANK YOU FOR THE CITY
SUPPLEMENT PAY YOU'VE GIVEN TO THE EMPLOYEE'S OF THE VIRGINIA BEACH
SHERIFF'S DEPARTMENT. BY DOING THIS YOU HAVE SHOWN TO ME JUST HOW
MUCH I MEAN TO YOU AND FOR THAT I AM TRULY THANKFUL.
RESPECTFULLY YOURS,
DEPUTY RICHARD J. FORCELLE
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DEPUTY S.F. DEVENNEY, BOOKING POWER-SHIFT
I WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK YOU FOR
PASSING THE CITY SALARY SUPPLEMENT. THIS OFFICE HAS STRUGGLED WITH
A HIGH TURN OVER RATE DUE TO A LOWER PAY SCALE THAN IN THE
SURROUNDING CITIES. THIS PAY INCREASE HAS GIVEN THE SHERIFF'S
OFFICE A BREATH OF FRESH AIR AND WILL ENCOURAGE PEOPLE TO CHOOSE A
CAREER WITH THE VIRGINIA BEACH SHERIFF'S OFFICE. THIS WILL
DIRECTLY ADD IN THE PROFESSIONALISM OF THE SHERIFF'S OFFICE IN
WHICH EVERYONE WILL BENEFIT .
SINCERELY
S.F. DEVENNEY
90-041
TO:
FROM:
DATE-.
SUBJECT:
REF:
HONORABLE MAYOR MEYERA E. OBERNDORF
MEMBERS OF CITY COUNSEL
LT M.E. SHORES ~/
VIRGINIA BEACH SHERIFF'S OFFICE
MAY 12, 1995
LETTER OF APPRECIATION
SUPPLEMENTAL SALARY INCREASE
I would like to take this opportunity to thank you for the
additional funds granted concerning the increase of salary for the
Virginia Beach Sheriff's Deputies. With these often difficult
times, your considerations are greatly appreciated. This increase
will not only help The Deputies but their families as well. So
please allow me to extend my sincere gratitude and appreciation for
all of your kind efforts.
TO:
FROM:
HONORABLE MAYOR MEYERA E. OBERNDORF
MEMBERS OF CITY COUNSEL
SERGEANT ROB J. BAUGH ~~-
VIRGINIA BEACH SHERIFF'S OFFICE
DATE: MAY 12, 1995
SUBJECT: LETTER OF APPRECIATION
Please allow me to express my sincere gratitude in the approval of
funds allocated for the Virginia Beach Sheriff's Office Deputies.
This will without a doubt improve the living standard of many
Deputies and their families. Often this time of year the holidays
are farthest from our minds. However, because of you there will be
more toys for children, brighter birthdays, and finer feasts during
the holidays, and all year round. I extend my sincere appreciation
and thanks from the bottom of my heart and pocket.
j ,,i
May 12, 1995
Dear Virginia Beach City Council Members,
I would like to take this opportunity to thank you for the
consideration you gave to the subsidation of the payroll for the
Virginia Beach Sheriff's Office employees. We feel that we work
very hard for the monies that we earn at present. This is an
incentive to work just a little harder and to stick around a little
longer.
I can only imagine how difficult it must be to make decisions
that effect a large group of people. Trust me, this is one
decision that you will not regret. Again, thank you~
May 12, 1995
Dear Virginia Beach City Council Members,
I would like to take this opportunity to thank you for the
consideration you gave to the subsidation of the payroll for the
Virginia Beach Sheriff's Office employees. We feel that we work
very hard for the monies that we earn at present. This is an
incentive to work just a little harder and to stick around a little
longer.
I can only imagine how difficult it must be to make decisions
that effect a large group of people. Trust me, this is one
decision that you will not regret. Again, thank you!
From:
To:
Via:
Sub3:
£
Dep. N. A. Peacock~
Honorable Mayor Obendorf
City Council Members
Honorable Sheriff Drew
SUPPLEMENTAL SALARY INCREASE
Just a few brief lines to say thank you and city council
for the recent supplementation of funds for Sheriff DeputIes.
From:
To:
Via:
Sgt. W. K. Scott~-'
Honorable Mayor Obendorf
City Council Members
Honorable Sheriff Drew
Subj: SUPPLEMENTAL SALARY INCREASE
I would like to thank you and council members for the
recent salary increase authorized for Deputy Sherif£s.
From:
To:
Via:
Honorable Mayor Obendorf
City Council Members
Honorable Sheriff Drew
Subj: SALARY SUPPLEMENT
On behalf of myself and my family, I would like to thank you
and the members of city council for the recent salary
supplementation for Sheriff DeputIes.
From: Cpl. Luis A. Perez
To: Honorable Mayor Obendorf
City Council Members
Via: Honorable Sheriff Drew
Sub3: SALARY SUPPLEMENT
Just a few lines to thank you and city council members for the
recent authorization of salary supplementation for Sheriff
Deputies.
As in the past, we're committed to serving the Sheriff and
citizens of Virginia Beach.
From: Dep R M Foreman ;c4~%r
To: Honorable Mayor Obendorf
City Council Members
Via: Honorable Sherif~ Drew
Sub3: SALARY SUPPLEMENT
Please accept this letter as my sincere thanks to you for the
salary supplement. It just goes to show that the City Council does
appreciate the work we do here at the Sher~ft's Office.
Again, my sincere gratItude to you.
From: Dep P. J. Manton~~'~'~'~
Honorable Mayor Obendorf
City Council Members
Honorab]_e Sheriff Drew
Subj: SALARY SUPPLEMENT
Please accept this letter as my sincere thanks to you for the
salary suDDlement. It 3ust goes to show that the City o! Virginia
Beach does apDrec~ate the work we do here at the Sheriff's Office.
To:
Via:
Again, my sincere thanks to you.
From: Dep. Wayne D. Golden
To: Honorable Mayor Obendorf
City Council Members
Via: Honorable Sheriff Drew
Sub3: SALARY SUPPLEMENT
Just a few lines to thank you and city council members for the
recent authorization of salary supplementation for Sheriff
Deputies.
May 10, 1995
Mayor Meyera E. Obemdorf
Office of the Mayor
City Hall
Municipal Center
Virginia Beach, VA 23456
RE: Virginia Beach Sheriff's Office
Income Supplement
Dear Mayor Obemdorf,
I would like to take this opportunity to express my sincere appreciation for your consideration and
approval of the income supplement for the Virginia Beach Sheriff's Office. It has been my pleasure to
serve the community as a Deputy Sheriff and I am grateful for your recognition of our services.
Sincerely,
C. M. Narciza
Deputy Sheriff
May 10, 1995
City Council
c/o City Clerk's Office
Room 281
City Hall
Municipal Center
Virginia Beach, VA 23456
RE: Virginia Beach Sheriff's Office
Income Supplement
To Whom it May Concern:
I would like to take this opportunity to express my sincere appreciation for your consideration and
approval of the income supplement for the Virginia Beach Sheriff's Office. It has been my pleasure to
serve the community as a Deputy Sheriff and I am grateful for your recognition of our services.
Sincerely,
C. M. Narciza
Deputy Sheriff
May 9, 1995
Dear City Council,
I am a Deputy with the Virginia Beach Sheriffs office. I am
writing to thank you for your participation in working to get
more money for the Sheriffs office. I support a wife and baby on my
salery alone while my wife is a full time student. This money is
appriciated more than you can know. Once again thank you for
everything you have done for us.
Sincerely,
Deputy Taylor J.L.
94-076
May 9, 1995
Dear Mayor,
I am a Deputy with the Virginia Beach Sheriffs office. I am
writing to thank you for your participation in working to get
more money for the Sheriffs office. I support a wife and baby on my
salery alone while my wife is a full time student. This money is
appriciated more than you can know. Once again thank you for
everything you have done for us.
Sincerely,
Deputy Taylor J.L.
94-076
May 11, 1995
Mayor Meyera E. Oberndorf
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor Oberndorf:
I am writing to say a special thank you for the pay raise that
has been approved for all deputy sheriffs. This is a much needed
raise and will be greatly appreciated not only by myself but many
other dedicated deputies.
Again, thanks so much.
Very truly yours,
May 11, 1995
City Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of the Council:
I am writing to say a special thank you for the pay raise that
has been approved for all deputy sheriffs. This is a much needed
raise and will be greatly appreciated not only by myself but many
other dedicated deputies.
Again, thanks so much.
Very truly yours,
Kenneth H. Hartman
May 14, 1995
Dear Virginia Beach City Council Members,
I would like to take this opportunity to personally thank you
for the efforts and the decision to grant Virginia Beach Sheriff's
Office a supplement to our pay. I know the decision was a long and
tedious one to make.
Our job is sometimes a tough task to endure but with this pay
incentive, it does help to cushion the blows just a little. Again,
thank you for your heartfelt decision.