HomeMy WebLinkAboutMARCH 5, 1996 MINUTES
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"WORLD'S LARGEST RESORT CITY"
(:ITY (:OUN(@IL
MAYOR MEYE@ E OBERNMR@, Al-@,,
VICE MAYOR WI@" D @E@)MS. JR A@
JOHN A @l,M .,h
LINWOOI) 0 BRANCH It/, V,,,@i@ B@,,h &-.,h
ROBERT K IJI,AN, P@-. A@-
W W liARR[,SON, JR, h
HAROLD IfEISC110BER A,@L@,,,
BARBARA M HEN@Y, N... @,lh
LOIJI,S R JONES,
NANCY K IA@LR, Al.@,,
I )@)ISA V STMYTFO@ K,,,-iil, @,h
2@1 In'HAi@i B(IILI);N(;
JAMES k SPORP M CITY COUNCIL AGENDA MUNICIPAL C@iLk
VIR(@INIA BEACH, VIRGINIA @1451 .@115
LESLIE L Li@Y, (:i,, A,,@,@, (804 427 4?(I,l
Rt)llliiOIX;ESSMITH,(@M( March 5, 1996
I. CITY KILNAGER'S BRIEFINGS - Conference Room - 10:00 AN
A. MULTI-PURPOSE STADIUM BRIEFING
Councilman Harold Heischober
Mark Wawner, Project Development Manager, Economic Development
B. INTERNATIONAL PARKWAY
John Harzke, City Engineer
C. BOARDWALK ART SHOW FUNDING
G. Ronald Kuhlman, Marketing Director, Convention and Visitor
Development
II. CITY COUNCIL DISCUSSION
A. GOLF STUDY
III. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Noah Stoltzfus
Landstown Community 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 February 27, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
7'he Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. ORDINANCES
1. Ordinance to TRANSFER $59,430 from the FY 1995-1996 General
Fund Reserve for Contingencies to the General Registrar's FY
1995-1996 operating Budget to provide funding for a Primary
Election, June 11, 1996.
2. Ordinance to authorize Tax Refunds in the amount of $7,431.04.
J. APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
VIRGINIA BEACH CRIME TASK FORCE
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
VY 96-97 OPERATING BUDGET & CAPITAL IMPR PMGRM SCHEDULE
@t Ti. p@
Budget a c.i.? Presentation Tuesday, April 2 2PM City Council Ch@.r
Council Wrkshop Tuesday, Ypril 9 9 AM NWH Conference Roo.
Council Wrkshop Thursday, April 11 4PM 6PM Conference Roo.
Council Workshop (Special Workshop) Tuesday. April 16 lPM 4PM Conference Room
Public Hearing Thursday, Jkpril is 7PM Larkspur Middle School
Council Wrkshop Tuesday, April 23 3PM 6PM Conference Room
Council @@kshop (Special Workshop) Thursday, April 25 IPM 5pm C.nfere.c. Room
Public Hearing Thursday, May 9 2PH City Council Chab.r
Reconciliation Thursday, Kay 9 Follwing Council Session Conference Room
MTZ: May 9 Regular meeting will replace the May 7 SSBOXON (Re: Council election)
Adopt Budget a C.I.P. Tuesday, May 14 2PH City Council Ch@er
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)
03/05/96BAP
AGENDA\03\05\96.ITM
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 5, 1996
Vice Mayor William D. Sessoms, Jr. called to order the CITY MANAGER'S BRIEFINGS of the
1'7RGINL4 BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday,
March 5, 1996, at 10:00 A.M.
Council Members Present.-
JMn A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis P, Jones, Mayor Meyera E. Oberndorf and Vice Mayor
William D. Sessoms, Jr. and
Council Members Absent.-
Robert K Dean [ENTERED: 10:IO A.M.]
Barbara M. Henley [ENTERED: 10:05 A.M.]
Nancy K Parker [IN CIL4RL07TE, NORTH C4ROLINA,
FATHER TERMINALLY ILL]
Louisa M. Strayhorn [OUT OF COUNTRY ON VACATION]
- 2 -
CITY MANAGER'S BRIEFING
MULTI-PURPOSE STADIUM BRIEFINGS UPDATE
10:00 A.M.
ITEM # 40464
Cowici@ Heischober advised he was requested to gather information to make a presentation to staff
relative the feasibility of developing a Muki-Purpose Stadium to provide a facility for lease to the
Hampton Roads M@ers, the Pro-Soccer Franchise in Pirginia Beach.
The Hampton Roads Mariners was acquired in 1995 by Mark Garcea and Page Johnson, two successful
Virginia Beach businessmen. 77se Ao&um would be muki-purpose, providing a facility for the Mariners
team , as well as for high school athletics and other regional events. 7his would be an excellent venue
to hold &ate championships. Messrs Garcea and Johnson upgraded the playing status from amateur to
professiona4 which prompted the name change from the Hurricanes.
The Mariners have been elevated to play in the twenty-two team "Sekct Division " of the USISL. 7his
Select Division includes teams in Baltimore, Washington, D. C, Long Islan4 Wtbnington and New York.
@ the best organizations of the 8,6 team League were asked to compete at this new level which is just
below Mqior League Soccer (MLS). Mr. Garcea approached Economic Development as well as several
Council Members for their support of this venture.
Donald Maxwell, Director - Economic Development, advised Mqior League Soccer is set to begin play
4HI 13, 1996, in ten (10) U.S. cities: Boston, Columbus, Dallas, Denver, Kansas City, Los Angeles, New
York, San Jose, Tampa, Washington, D.C InvestorlOperators pay $5-MILLION for a share of the
League which gives them the right to operate and manage a team in their chosen city. 7he MLS has a
television contract with ESPN and ESPN2 to broadcast 62 games including the championship game,
October 20, 1996, from Foxboro Stadium in Massachusetts. In the MLS, the League actually owns the
teams. 77w Hampton Roads Mariners are one of eight teams that will work with the Washington MLS
Club. 7he Mariners played their home games of the 1995 season at the Center for Fffective Learning
and First Colonial High School and plan to play the 1996 season exclusively at First Colonial High
School. The Mariners' ultimate goal is to pursue a MLS franchise in five to seven years.
Council Lady Henley expressed concern as a Member of the Lake Ridge Task Force over the newspaper
article. Someone must have been working with the consultant relative this concept other than the Task
Force.
Councibnan Heischober advised this is just one concept, not a site-specific proposal. All that is on the
table is to construct a multi-purpose facility somewhere that will have a Professional Soccer team as a
tenant.
7he City Manager advised the City is working with CMSS Architects to develop the revised Master Plan
concept for Princess Anne Par*. 7his is a separate project. @en the City began working with the
Hampton Roads Soccer group, a mufti-purpose stadium had been discussed either with the Soccer
complex for that group or in the revised concept plan for Princess Anne Park. 7he idea for a stadium
in the Princess Anne Park location has been discussed for over two years. 77ie architect was selected by
the Parks and Recreation staff through the normal procurement process to do the revised Master Plan for
Princess Anne Park. R%en it was decided to purchase the Lake Ridge property, the administrator of the
contract advised there were many joint issues between Princess Anne Park and Lake Ridge. If the area
is to be properly planned, a Master Plan for Princess Park should not be done at that time. Therefore,
this project was put on 'hold'. 77te services of the architect were utilized to perform conceptional designs
for consideration by the Lake Ridge Task Force.
Council Lady Henley advised there are numerous groups who wish participation in this Lake Ridge
property. It will be difficult for the City Council to ultimately decide which activities will be located in
Lake Ridge. Council Lady Henley advised the newspaper article had stated this muui-purpose sudium
was already a part of the @ Ridge Plan.
March 5, 1996
- 3 -
CITY MANAGER'S BRIEFING
MUL77-PURPOSE STADIUM BRIEFINGS UPDATE
ITEM # 40464 (Continued)
The City Manager advised the Recommendations:
Develop an expandable 7,000-seat Muki-Purpose SW&um for events
@ch would appeal (4o residents, students and visitors to ;rtrginia Beach.
7he stadium would serve for the new Lake Ridge High School athletic
teams, the H@n Roads Mariners and other regional sporting events.
7'he proposed location would allow utilization of existing parking and
access roads developed for the Virignia Beach Amphitheater thereby
avoiding significant costs. 7his initiative provides the best opportunity
currently available to foster a professional sports team in Virginia Beach.
If City Council concurs, staff will:
1. Refer the project to the @ Ridge Strategic Task Force for
consideration and recommendation.
2. Develop CIP project sheet for City Council's future
consideration.
Mr. M"wil advised conceptually, the stadium would initially be built to hold 6,000 - 8,000 people, and
be @ndable up to a 30,000-scat d for Mqior League Soccer. Ihe Mariners have supplied
proformas which indicate they could pay rent of $90,000-$100,000 per year. 7hese payments do not
Include admission or sales t4zxes, which the City would receive. A draft Economic Analysis prepared by
the Deparhxent of Management Services is attached along with a project cost estimate prepared by CMSS
Architects. Management Services concluded the following summary of results based on their Economic
and Fiscal Impact Analysis:
I. A 6,000-8,000 seat stadium, through all the spending
associated with a stadium and its fans and supporters, would
generate $192,200 on an annual basis in goods and services in
the area. Indirect and induced @nditures would total
$205,000 per annum.
2. 77ie stadium would employ approximately 23 individuals,
generating a yearly payroll of $330,000.
3. Additionally, indirect and induced employment is estimated at
91 generating an additional annual payroll of $132,000.
4. A stadium would produce yearly revenues to the City of
$157,044 in the f" year and continuing to increase up to
$176,992 by year ten. 7hese annual revenues would include:
Lease Hold tar, Stadium Rent, Personal Property Tax, BPOL,
Admissions Tax, Meal Tax, General Sales Tax, and Utility
Tax.
5. $4.5-MilUon in capital investment will be used to build the
stadium.
77se school adpninistration has estimated a savings of approximately $315,000, if they do not construct a
high school stadium on-site. Based on a conservative attendance figure, the Fiscal Impact Analysis
determined that the City of lrirignia beach could realize a revenue income of $1,333,058 over a ten -year
period
E. Dean Block, Director of Management Services, advised financing would entail Charter Bonds, possibly
partially supporting Charter Bonds, if used with TGIF funds, as there is an admission tax benefit from
this particular project. Depending upon timing, it may be possible to examine the use of year-ending
balances or other types of cash financing for the project.
March 5, 1996
- 4 -
CITY MANAGER'S BRIEFING
MUL77-PURPOSE STADIUM BRIEFINGS UPDATE
ITEM # 40464 (Continued)
Attendance figures of the Hampton Roads Mariners will be provided. 7he revenues were based on 5,000
people in attendance at the games in the Multi-Purpose Stadium.
Councilman Heischober advised in the former Met Park, the average allendance was 2SOO per game.
In the new 7-ades S"um, 7,SOO attendance was averaged. A stadium is much different than playing on
a high school field. Mr. Garcea believes Mqior League Soccer will expand to twenty teams within five
years. He feels strongly Virginia Beach has an opportunity and he is willing to invest in the major
leagues.
Council Lady Henley believed this would be a topic for discussion on March 23, 1996, at the Retreat
between the City Council and Planning Commissioners.
77&e City staff will refer the project to the IA" Ridge Strategic Task Force for consideration and
recommendation as well as examine other appropriate locations throughout the City for a Multi-Purpose
S"um. Information will be provided relative other opportunities for utilization of this Mufti-Purpose
S"um other d= major league soccer, economic &"cts both direct and indirect, revenue streams, the
definition of 'Multi-purpose" ie. whether a track be included for utilization during the Virginia State
Games. 7he Columbus Day Soccer Day Tournament has a significant i"ct on revenues in the City.
March 5, 1996
5
CITY MANAGER'S BRIEFING
INTERNATIONAL PARKWAY
11:03 A. M.
ITEM # 40465
John Herzke, City Engineer, advised in order to meet Economic Development commitments and
transportation needs in the Ocean West Industrial Park are,% the City Council established a Capital
Imprvvement Project for Movements to Internadonal Parkuwy. Mr. Herzke referenced the POLICY
REPORT, which is hereby made a part of the record.
E. Bradley Hobbs, Project Manager, advised the International Parkway project will complete the four -
Lane divided roadway section and bike path between Central DrivelVoyager Drive and Lynnhaven
Parkwy. 7he project includes the construction of a second two -lane bridge over Canal #2. 7his project
includes kft turn lanes at both the Seahawk Circle intersections. A new traffic signal is being proposed
at Seaha%* Circle east. An additional pedestrian crossing will be added at the existing signal at
Lynnhaven Parkway. A signal intersection at the main entrance into Lillian Vernon has been completed
in Septeinber, ahead of schedule. A Design PubLic Hearing was held on January 18, 1996, and seventeen
citizens attended. 77tree people gave comments at the Ilearing and eight letters were received during the
written comment period 7he majority of comments received were in favor of the project, however, some
comments expressed opposition to certain design features. Five major issues were identified
Objec@ to partial closing of the median opening at Seahawk Circle
west intersection with International Parkway.
Improvements to the Lynnhaven Parkway and International Parkway
Intersection be included in the International Parkway project.
Additional access to and from Seahawk Circle should be considered.
Objectwn by Trident Properties to construction of a bike path, which
will require right-of-way acquisition from Trident Properties.
Increase the existing curb radii at both Seahawk Circle intersections to
allow large trucks to make turning movements more efficiently.
In response to the issues, City Staff has made the following recommendations:
77ie existing median opening at Seahawk Circle West be left open to
traffic until the affects of the signalized intersection at Seahawk Circle
east can be valuated City staff will monitor delays and accident rates
and will recommend further action as warranted
Improvements to the Lynnhaven Parkway and International Parkway
intersection through the International Parkway improvement project are
not recommended. 77ie improvement of this intersection should be
evaluated and prioritized through the CIP process. Improvements to this
intersection have been estimated to cost $1,245,600.
7he construction of an additional access road may also require
reconfigumdon of existing left turn lanes on Lynnhaven Parkway.
Construction of this alternative, by the City, will require acquisition of
additional right-of-way which tiny form an undevelopable parcel of
@ to the north of the new roadway. 7he City may be required to buy
this parcel in addition to right-of-way necessary for the roadway.
Preliminary cost estimates for the design, acquisition, and construction
of this alternative total $600,000 ($350,000 for right-of-way
acquisition). 7he high cost of this alternative warrants further analysis
from a costlbenefit perspective. It is recommended that this additional
connection be studied further as a part of the Lynnhaven Parkway and
International Parkway intersection improvement project.
March 5, 1996
6
CITY MANAGER'S BRIEFING
INTERNATIONAL PARKWAY
ITEM # 40465 (Continued)
7he Internat@l Parkway corridor is a major east-west bikeway route
hnbng major b&keway systems 7he Lynnhaven Mail area is identified by
the City-wide Plan as a major destination. Support for a bike
path along the International Parkway corridor has been documented by
the Planning Department. It is recommended dtat the bike @ and
si@ improvements remain a part of the Inte I Parkway
prqkct.
7'he International Parkway project will include ipnprovements to the
Being curb radii at both Seahawk Circle intersections. 77te existing
25-foot curb radii will be increased to 50-foot radii.
Mr. Herzke reiterated the engineering, design andpublic involvement process of this project has identified
design features dW were not enwsioned when the original project scope and budget were established
These items include: a new &Wm s4nal at Seahawk Circle West, the addwon of a pede@ crossing
at the existing *gnal at Lynnhaven P@y, relocating existing street fighting poks to meet clear zone
requirements and rec@cting curb radii at both Seahwak Circle intersections. Additionally, right-of-
uwy acquisition is now required to complete the expanded design scope and provide temporary
comiruc@ msements. 7he total estimated project cost, including scope refinements, is now $1,825, 000.
This represents a total estimated increase in cost of $548,500. 7he project is currently funded at
$1,276,500. 77te rNWred additional fimding ts in the proposed FY 1996197 Capital Improvement
ProgramL It is recommended City Council approrve the major design features as modified with this policy
statement 7his project responds to City commitments associated with economic development in the area.
In order to meet these coinmionents, it is planned to advertise and award a construction contract prior
to the new fiscal year. 7he bid documents will be structured to enable a construction start this fiscal year
with the balance of the work being authorized when FY 1996-97 funds become available July 1, 1996.
77tis will be accomplished using additive bid items. 7he base contract will include the bridge and the
majority of the approach roadway work and will not exceed available f4nding.
7'he project is planned to be advertised late this month or early April, with a bid opening in late April or
early May. Under this schedule, construction should be completed by March 1997
March 5, 1996
- 7 -
CITY MANAGER'S BRIEFING
BOARDWALK ART SHOW FUNDING
11:25 AM.
ITEM # 40466
G. Ronald Kuhbnan, Marketing Director - Convention and Visitor Development, provided information
relative the Ilirg@ Beach Center for the Arts request for $100,000 for the 19% Boardwalk
Inte Arts Fe@ 7he fiinding will be utilized for a@ fees, production costs, local advertising
and ope expenses. Virginia Beach Center for the Arts is a 43 -year old 501 -C3 non -
profit arts or n devoted to presenting and leaching contemporary art. 77iough its programs,
@bitions and studio school housed in a state-of-the-art facility opened in 1989, one of its most
popular projects for 40 years, held on the nearby oceanfront, has been the Boardwalk Art Show.
In 1994, the Virg@ Beach Center for the Arts put together a task force of community leaders to examine
how the City could build upon the 40-year old Boardwalk Art Show, long rated as one of the top five
art shows in the country. The Boardwalk Art Show is also one of the top 10 allended tourism events in
Vsrginia, consistently recognized as a 'Top 20 Event" by the Southeast Tourism Society, and is the
single largest tourism event that takes place in the summer in Hampton Roads (1.5 -Million market). For
nine months, the Task Force met to evaluate the art show and its Potential for growth.
A V&sion Statement was adopted to guide the development of the Festival:
To develop a @or East Coast cukuralleducadonal event that will
feature contemporary art and premiere new works in the artistic
disciplines of @ce, theatre, fibn, literature, music, opera and all the
visual arts media.
1. To support the development of new work by artists and arts
organizations by providing commissions and premiere
oppon'unities to artists.
2. To provide cukuralleducational experiences and resources to
the visftm, and citizenry of Hampton Roads by
developing residencies, master classes, workshops and
demonstrations by artists or art companies during the festival
3. To develop in Hampton Roads a modelfor building racial and
ethnic understanding and harmony through multi-cultural
programming and education.
4. To provide a world-cku image event that will help promote
I'Wginia and Hampton Roads to an upscale tourismlvisitor
market.
5. To create financial resources to support the educational
mission of the llwginia Beach Center for the Arts and other
non-profit cultural organizations.
On the occasion of the 40th Anniversary of the Boardwalk Art Show in June 1995, the Center offlcially
kicked off the new Boardwalk International Arts FestivaL In its first year, the i=panded 10-day event
drew crowds of over 400,000, generated $368,000 for its programming and operations budget, and an
$120,000 in in-kind and donated services Of these funds, only $43,000 or 11.6% of $368,000
was provided by the public sector through Beach Events and the Ilirginia Beach Arts and Humanities
C ion. 77ie balance was raised through the private sector or earned by the event.
77ie coining year's Festival will kick-off on June 7 with programming designed to attract an audience
largely comprised of teenagers, young adults and baby boomers. 77ie Center will present "It's Only Rock
and Roll, a nationally touring exhibition created by David Rubin and supported by the Rock and Roll
Hall of Fame. 7his exhibition explores the profound influences of Rock and Roll on contemporary art and
features the work of over 90 artists including Andy Warhol, Red Grooms, Annie Leibovitz, Robert
Rauschenberg, William Wegnwn and Laurie Anderson.
March 5, 1996
- 8 -
CITYM,4N,4GER'S BRIE FIN G
BOARDWALK ART SHOW FUNDING
ITEM # 40466 (Continued)
77'eproposed budgetfor the Virginia Beach CenterfortheArts isap@@l
.y $315,000 Beach Events
was requested to grant $25,000 to the Boardwalk International Arts Festival and another $75,000 was
to come from Public @ng.
Convention and Visitor @lopment is finding $15,00 for the printing of a brochure to promae the
festival in -owket and out-of-mwket 77ie City Council appropriated, through the CVD budget last year,
to be funded out of the Tourim and Growth Investment Fund, $40,000 as a contribution to the festival
77'e An's and Hu s C@ion did not have the money to fund the request Beach Events has
funded the $25,000 request at $4,000, which WWLV $59,000 in contribiwtiom. Convendon and Visitor
@@nt is also investing "soft dollars" of approx@ly $24,000 ($3,000 for special public
relations activities, inserting brochure zn all of their mailings in April and May, use of the 1-800 Beach
r and the inquiry response). 4n event section featuring highlights andphotographs of the Boardwa&
International Arts Festival will be included in the Virginia Beach brochure. 7he Vi'rg@ Beach Center
for the Arts actually requires funding for operating the BoardwaLk International Arts Festiva4 which
would be apprctximately $56,000.
Mr. Kuh@ advised there is $15,000 in the CIP budget for a replacement directional sign, which has
not been utilized Another $8,000 in Other City Services is spread throughout the City with which the
Center for the Arts is charged 77terefore, $23, 000 could be utilized for opera4fng costs by moving some
of these items around within the budget. Mr. Kuhlman advised Convention and flisitor Development has
submwe,d in their Operating Budget for this year, a line item request for $40, 000 to continue the $40, 000
committed by City Council last year.
Flo AifcDaniel, Chair - Arts and Humanities Commissi4o@ referenced her correspondence of November
22, 1995, to the Mayor and Members of City Council. Funding requests to the Commission totaled
$S34,114 and the target budget is $215,238. It was a unanimous decision by the Commission to
recommend to the City that the City fund the festival requests as a line item in the budget recognizing the
Potential i"ct from the growth of these events.
Helen Snow, President - J'lrginw Beach Arts Center advised over $150,000 has been contributed from
the private sector and over $600,000 has been committed in -kind from different vendors, none of which
is reflected in the Budget as this is a "cash' budget and does not include any in-kind. 7here has been
unprecedented media support of over $112-MILLION by 19 cable channels and IS ra&o Agions Mrs
Snow advised approximately $2-MILLION in art is sold within the four (4) days of the Arts FesfivaL A
budget for the request for $100,000 was sent last July to the Arts and Huinanifies Commission. A request
was forwarded to Mr. Ricketts in December for next year @ budget.
The City Manager will request Beach Events to reconsider their allocation to the project. Beach Events
has reduced the funding allocation when the Arts Festival was expanded from a four-day to ten -day
formal. Any funds beyond that will have to be taken out offund balance. 77te overall funding level of the
Arts and Humanities Commission needs to be addressed which has been an issue since the 1991
Recession cutbacks 7he City Manager advised these types of events need to be processed through the
Arts and Humanities Commission rather than on a case-by-case basis. After conferring with Beach
Events on Monday, March 11, 1996, information will be presented during the City Council Session of
March IZ 1996.
Patricia Phillips, Director of Finance, shall report to City Council relative the additional revenue derived
frotn the Boardwalk Art Show.
March 5, 1996
- 9 -
AGENDA REVIEW SESSION
12:08 P.M.
ITEM # 40467
Vice Mayor Sessoms distributed two ADD-ON Items:
Resolution to r@t the Circuit Court pronepdy make appointments to
fill pending vacancies in elected School Board positions.
AND,
FINAL APPROVAL of an Ordinance upon application of BAY
PROPERTIES for the 11 c r an a t
of a portion of v
7he City Attorney advised the State Code Proviaon 24.2-226 requires City Council to petition the Circuit
Cmn within fifteen (15) days of the vacancy to issue a writ of election to fill the vacancy. 7he vacancies
to be filled will @re June 30, 1998, which coincide with the terms of offices to be filled by the General
Election of May 1998.
BY CONSENSUS, City Council advised the City Attorney to advertise for a Public Hearing for March 19,
1996, for consideration of School Board AWint7nents. 77ie public can then be notified if City Council
decides not to make appointments.
Councibnan Dean suggested the Grand Jury fill the School Board vacancies until the election.
CounciL,nan Jones advised this might be a conflict.
March 5, 1996
- 10 -
ITEM # 40468
Mayor Oberndorf called to order the INFORAFAL SESSION of the V7RGINLt BF-4CH CITY COUNCIL
in the Council Conference Room, City Hall Building, on Tuesday, March 5, 1996, at 12:20 P.M.
Council Members Present:
JMn A. Ba@ Linwood 0. Branck III, Robert K DearA William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Nancy K Parker and Louisa M. &rayhorn
March 5, 1996
- 11 -
ITEM # 40469
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2 1 -344, Code of Virginia, as amendei4 for the following purpose:
PERSOMVEL MA7TFBV. Discussion or consideration of or interviews
of prospective candidates for employmen4 assignmen4 appointment,
promo(iop; performance, demotio?4 salaries, discipl@g, or resignation
of specific public officers, appointees, or employees pursuant to Section
21-344 (A) (1).
TO Wit.- Appointments - Boards and Commissions:
Community Services Board
Francis Land House Board of Supervisors
School Board
Virg@ Beach Crime Task Force
Virginia Beach Health Services Advisory Board
LFGAL MA7TERS: Consultation with legal counsel or briefings by staff
meinbers, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1 -344(A)(7).
To - Wi t.- Lake Gaston Water Supply Project
Ballot Question
First Amendment Solicitations
Upon @on by Vice Mayor Sessoms, seconded by Councilman Bawn, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Brancl4 III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndoif and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
- 12 -
ITEM # 40470
MaYor Oberndorf RECONVEAED the INFORMAL SESSION of the 1,7RGINL4 BEACH CITY
COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 5, 1996, at 1: 4 7 P.M.
Council Members Present
John A. Baum, Linwood 0. Branci4 III, Robert K Dean, William W.
Harrisot4 Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and lice Mayor William D. Sessoms, Jr
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
- 13 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40471
Upon @ by Ytce Mayor Sessam, seconded by Counct@ Heischober, Ctiy Council CER77FIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION 70 RECESS
Only public business matters @lly 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: 9-0
Council Members Voting Aye:
John A. Baum, Lmwood 0 Brancl; III, Robert K Dear4 William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and trice Mayor William D. Sesso?w, Jr.
Council Meinbers Voting Nay:
None
Council Members Absent
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
- 14 -
CITY COUNCIL DISCUSSION ITEM # 40472
GOLF S7VDY
Council Lady Hen@ was disturbed by the recommendatwns included in the GOLF DESTINATION
STUDY A map was in the newspaper dopkting the golf courses and listing them all the way to North
C@ma Council Lady Henky @ired whether the discussion entoled go(t courses or golf course
c@nifies. It was wrong for this issue to drive the Comprehensive Plan. 7he Comprehensive Plan
needs to be emabUAed before consideration of this issue. 7he entire West Neck area will be opened for
dew4wn4 because water and sewer will be there. It would be less ewnsive t4o build a golf course with
public dollars than to open up a major area for development and have to provide infrastructure in the
future.
Councilman Harrison advised the need to encourage the private sector to build golf courses because the
cost to the City would be overwhelming.
Councilman Branch advised golf courses require a lot of acreage and was under the bwession the Lake
Ridge Plan inc@d golf courses. Councibnan Branch suggested the City Manager seek Requests For
Interest on the Lake Ridge NWny for development of a golf course. Councibnan Branch advised
Transition Area I is much better than the one initiwly proposed
Council Lady Henley believed the City should be soliciting fi-om private individuals within the area that
is in compliance with the Comprehensive Plan. Transition Area III way designed as the 'Rec-a-mecca ",
that is where the golf courses were to be encouraged Golf course proposals should be brought forward
for Tram@n Area III, as stated in the Comprehensive Plan. 7he gray water concept referenced in the
report advises the force main should be available for use by the Amphitheater this summer. ff a gray
water Une can be utilized for the golf courses, doesn't this give a corridor for the golf courses?
Councilman Baum shared many of Council Lady Henley's concerns relative the GOLF DESTINATION
S7VDY 7he study was not knowledgeable regarding agriculture.
CounciL-nan Jones advised if there are to be more golf courses, there are only two ways they will occur.-
(1) with the City providing the @ (ie. Lake Ridge); and (2) supplementing building of the golf course
by allowing residentw construction. Councibnan Jones supports the Agriculture Reserve Program and
the utilization of the Lake Ridge property. 7his would keep development out of the area south of Indian
River Road. Councibnan Jones is not interested in developing property south of Indian River Road.
March 5, 1996
- 15 -
FORMAL SESION
WRGINLI BFACH CITY COUNCIL
March S, 1996
2:10 PM.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 5,1996, at 2:10 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc,% III, Robert K Dear; William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoym, Jr.
Council Members Absent.-
Nancy K Parker [IN CHARL07TE, NORTH CAROLINA,
FATHER TERMINALLY ILL]
Louisa M. Strayhorn [OUTOFTHECOUNTRYONVAC4TION]
LIVVOC4TION.- Reverend Noah Stoltzfus
Landstown Community Church
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no nwuers
on the agenda in which he has a I*rsonal interest' as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank 7he Vice Mayor regularly makes this Disclosure ay he
may or may wt know of the Bank's interest in any application that may come before City Council. Ytce
Mayor Sessoim' letter of January 10, 1995, is hereby made a part of the record.
March 5, 1996
- 16 -
Ite,m V-E.
CERTIFIC4TION OF
EXECUTIVE SESSION
ITEM # 40473
Upon @ by I'tce Mayor Sessoms, seconded by Counci@ Jones, City Council CER77FIED THE
EXECUTIW SESSION TO BE DV ACCORDANCE WITH THE MOTION TO RECESS
@ public business mauers lawfully @empted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
A)VD,
Oody such public business mauers as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virg@ Beach City CounciL
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III Robert K Dea@ William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E Oberndorf and ;ice Mayor William D. Sessolm, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
17 -
v-
MI]VUTES ITEM # 40474
Upon motion by irice mayor Sessoms, seconded by Councibnan Heischober, City Council APPROVED
the Minutes of the INFORMAL AND FORAL4L SESSIONS of February 27,1996-
Councilman Harriwn's letter of apology to Planning Commissioner
Ernest JL @eU is hereby made a part of the record. Councibnan
Harr@ was apologizing for a misstatement made during his remarks at
the Informal Session. Ernest Cockrell was not a representative of the
Corporate Landing Task Force.
Voting: 9-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branc,% III, R@rt K Dea?4 William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
- 18 -
lkm V-G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40475
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORAL4L SESSION
AND, ADDED.-
Resolution to request the Circuit Court prontpdy make appointments to
fdl pending v"ancies in elected School Board positions.
AND,
FINAL APPROVAL of an Ordinance upon application of BAY
PROPERTIES for the discontinuance, closure and aba@wnent
of a portion of Reliance Drive.
March 5, 1996
- 19 -
Ite,m V- 1. 1.
ORDI]VANCES ITEM # 40476
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
Ordinance to TRANSFER $59,430 from the FY 1995-1996 General
Fund Reserve for Contingencies to the General Registrar's FY 1995-
1996 Operating Budget to provide funding for a Primary Election, June
11, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch III, Robert K Dean; William W
Harrison, Jr., Harold Heischober, Barbara M. Henlg, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
1 AN ORDINANCE TO TRANSFER $59,430 IN THE FY 1995-96 OPERATING BUDGET FROM
2 RESERVE FOR CONTINGENCIES TO THE GENERAL REGISTRAR'S OPERATING BUDGET
3 TO PROVIDE FUNDING FOR A JUNE 11, 1996 PRIMARY ELECTION
4
5 WHEREAS, the Republican Party has decided to select candidates for the United
6 States Senate election in November by the primary method,
7 WHEREAS, the FY 1995-96 Operating Budget of the General Registrar provided
8 funding for only the November 1996 Presidential Election,
9 WHEREAS, there is sufficient funding available in the FY 1995-96 General Fund
1 0 Reserve for Contingencies for this purpose,
1 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1 2 VIRGINIA BEACH, that $59,430 be transferred from the FY 1995-96 General Fund Reserve for
1 3 Contingencies to the General Registrars FY 1995-96 Operating Budget to provide funding for a June
14 11, 1996 Primary Election.
1 5 Adopted by the City Council of the City of Virginia Beach, Virginia on the5 day
16 of @di 1996.
1 7 1 p,.,d
APPROVED AS TO CONTENT
Department of Management Services
APPROVED AS TO
LEGAL SUffACIENCY
- 20 -
Item V-1.2.
ORD17VANCES ITEM # 40477
Upon motion by Trice Mayor Sessoms, seconded by CounciLman Branc& City Council ADOPTED:
Ordnance audwizing tax refunds in the amount of $7,431.04 upon
application of certain persons and upon Certification of the City
Treasurer.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
ORM NO. C.A. 7 il/ 3 1/ 96 E m
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Robert H & Sheila Josephberg 96 RE(1/2) 06243)-4 11/7/95 32.72
Bernadean Woodhouse 96 RE(1/2j 132313-8 12/5/95 30.95
Colonial Mortgage Company 96 RE(1/2) 071588-6 11/24/95 350.14
Moody Mgmt Properties LLC 96 RE(1/2) 056998-1 9/21/95 93.14
Marion Hope Banwarth 016 RE(1/2) 005850-5 9/19/95 148.21
Marion H & Charles Banwarth 96 RE(1/2) 005849-9 9/19/95 532.92
Lake James Homes Assoc 96 RE(1/2) 067748-1 11/2/95 9.80
DPMC Mgmt Operating Acct 96 RE(1/2) 091080-7 12/l/95 2,054.26
Wendover Funding 96 RE(1/2) 019840-9 11/9/95 64.37
Hormoz & Janet Ann Azar 96 RE(1/2) 004417-4 2/l/95 130.92
Hormoz & Janet Ann Azar 96 RE(1/2) 004418-3 11/29/95 130.92
D Wayne Pursell 96 RE(1/2) 097046-7 12/l/95 162.23
Dan D & Thelma Gallup 96 RE(1/2) 027656-5 12/5/95 97.08
Chemical Residential Mort 96 RE(1/2) 023997-2 11/24/95 1,012.81
BancBoston Mortgage Corp 96 RE(1/2) 125727-2 11/24/95 745.63
Key Associates Inc 96 RE(1/2) 063385-8 11/29/95 1,129.79
Joseph H & Ada Sens 96 RE(1/2) 107896-5 12/5/95 71.83
Contel of Virginia Inc 95 RE(2/2) 023847-5 5/23/95 7.27
Harold W Henley 95 RE(2/2) 052189-0 9/15/95 303.75
John M & Darlene Kern 95 RE(2/2) 133970-1 6/5/95 166.90
Randolph Klecky 95 RE(1/2) 064532-9 11/30/94 11.40
Randolph Klecky 95 RE(2/2) 064532-9 6/5/95 11.40
Randolph Klecky et ux 94 RE(1/2) 063954-1 11/24/93 11.40
Randolph Klecky et ux 94 RE(2/2) 063954-1 6/3/94 11.40
Randolph Klecky et ux 93 RE(1/2) 063240-6 12/4/92 10.90
Randolph Klecky et ux 93 RE(2/2) 063240-6 5/27/93 10.90
John J Cullinare N/A Pkng B47452 12/7/95 50.00
Denise G Ross N/A Pkng 476868 12/6/95 20.00
Patricia Berga 95 Animal V24376 6/26/95 8.00
Sharon Smith 96 Animal V18605 1/11/96 10.00
Total 7,431.04
This ordinance shall be effective from date of adoption.
The blo.1 abatemewnt(s) totaling as to pa
$7,13 ere approved by
the Council of the City of Virginia
Beach on the5 -day of March, 1996 30M
Approved as to form:
Ruth Hodges Smith
City Clerk
@eslie I/ Lilley,'City Aforn
- 21 -
Item V-J.
APPOIAITMENTS ITEM # 40478
BY CONSENSUS, City Council RESCHEDULED the f@wing APPOIATMEATS:
FRANCIS L4ND HOUSE BOARD OF GOYERNORS
"RGINL4 BF,4CH CRIME TASK FORCE
March 5, 1996
- 22 -
Item V-KI.a.
UNFEVISHED BUSINESS ITEM * 40479
ADD-ON
Upon motion by Yzce Mayor Sessona, seconded by Councilman Jones, City Council ADDED TO 7HE
AGENDA:
Ordnance in the Petition of BAY PROPERTLES for the discontinuance,
closure and abandonment of a portion of rv
Voting: 9-0
Council Members Voting Aye:
John A. Baun; Linwood 0. Brancl; III, Robert K Dear; William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Yice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M, Strayhorn
March 5, 1996
- 23 -
Item V-KI.b.
UNFI]VISHED BUSINESS ITEM # 40479
ADD-ON
Upon @on by Vice Mayor Sessoms, seconded by Councilman Harrtson, City Council AUTHORIZED
FINAL APPROVAL of an OrtUnance in the Petition of BAY PROPERTIES for the discontinuance,
closure and abandonment of a portion of Reliance Drive:
Petition of Bay Properties for the discontinuance, closure and
abandonment of a portion of Reliance Drive beginning at a point 505.74
feet west of International Parkway and running in a westerly direction a
distance of 555 feet more or less. Said parcel contains 35,817 square
feet. PRINCESS ANNE BOROUCH.
77te City shau @ve payment and no further action shall be required to meet condition #1
*I. 7he City Attomey's Office shall make the final determination
regarding ownership of the underlying fee. 7he purchase price
to be paid to the City shall be determined according to the
'Policy Regarding Purchase of City@ Interest in Streets
Pursuant to Street Closures, " approved by City Council.
Copies of the policy are available in the Planning Department.
77te value of the area to be dedicated for the new cul-de-sac
will be deducted from the purchase price.
Voting: 9-0
Council Members Voting Aye:
John A Baum, Linwood 0 Brancl; III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS, RELIANCE DRIVE AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED RESUBDIVISION OF PARCEL'91'
PLAT OF PARCELS 91,94 & RESIDUAL ACREAGE BEING A RESUBDIVISION OF
PROPERTY OF THE VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST
INDUSTRIAL PARK AND PARCEL '85' PLAT OF PARCEL '85' OCEANA WEST
INDUSTRIAL PARK FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY PRINCESS ANNE BOROUGH-VIRGINIA BEACH, VIRGINIA, WHICH
PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Bay Properties, that they would make application to the
Council of the City of Virginia Beach, Virginia, on D-@ 6 , 1995,
to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the shaded portion of Reliance Drive shown as
"DENOTES PORTION OF RELIANCE DRIVE CLOSED" on sheet 2 of 3 of plat
entitled RESUBDIVISION OF PARCEL'91' PLAT OF PARCELS 91,94 &
RESIDUAL ACREAGE BEING A RESUBDIVISION OF PROPERTY OF THE VIRGINIA
BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK AND PARCEL
1851 PLAT OF PARCEL 185' OCEANA WEST INDUSTRIAL PARK FOR THE CITY
OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PRINCESS ANNE BOROUGH-
VIRGINIA BEACH, VIRGINIA, JANUARY 4, 1996, is hereby vacated or
closed, and the plat is recorded in Map Book Page
to which reference is hereby made for a more particular
description. The portions of Reliance Drive the 151 utility
easement, Virginia Power and GTE Telephone Easement and 10, utility
easement rededicated on sheet 3 of 3 of the aforementioned plat are
saved and excepted from the vacation and closure of Reliance Drive.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 5 day of March 1996.
GPIN
?/
APPROVED AS TO
LEGAL SUFFICIENCY
0
0
c-i
0
0
0
0
8
0
do
BAY PF40PERrIES
Closure of Rel:Lance Drive
Pr:Lnoess kura Borough
- 24 -
Item V-Ll,a.
NEW BUSINESS ITEM # 40480
ADD-ON
upon motion by I-ice Mayor Sessoms, seconded by Councibnan Jones, City Council ADDED TO THE
AGENDA:
Resolution to request the Circuit Court promptly make appointments to
fdl pending vacancies in elected School Board positions.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Robert K Dea?4 William W
h'arrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker and Louisa M Strayhorn
March 5, 1996
- 25 -
Item V-L.I.b.
NEW BUSINESS ITEM # 40481
ADD-ON
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, expressed concerns.
Upon motion by ;rice Mayor Sessoms, seconded by Councilman Branck City Council ADOPTED:
Resol@n to request the Circuit Court promptly make appointments to
fdl pending vacancies in elected School Board positions.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Robert K Deam William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Ober@rf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent.-
Nancy K Parker and Louisa M. Strayhorn
March 5, 1996
1 A RESOLUTION REQUESTING THE CIRCUIT
2 COURT TO PROMPTLY MAKE APPOINTMENTS
3 TO FILL PENDING VACANCIES IN ELECTED
4 SCHOOL BOARD POSITIONS
5 WHEREAS, School Board member Dr. Elsie M. Barnes, who was
6 elected from the Bayside Borough for a term ending June 30, 1998,
7 has resigned from the School Board, effective March 20, 1996;
8 WHEREAS, School Board member Dr. Ulysses V. Spiva, who
9 was elected from the City at-large for a term ending June 30, 1998,
10 has resigned from the School Board, effective March 20, 1996;
11 WHEREAS, School Board member and Chairman June T.
12 Kernutt, who was elected from the Pungo Borough for a term ending
13 June 30, 1998, has resigned from the School Board effective May 7,
14 1996;
15 WHEREAS, the School Board requires a quorum of members to
16 conduct its business, as well as adequate members to staff its
17 committees, including panels to hear student disciplinary appeals;
18 WHEREAS, the School Board is in the midst of reviewing,
19 approving, and submitting its annual operating budget;
20 WHEREAS, S 24.2-226 of the Code of Virginia requires City
21 Council to petition the Circuit Court within fifteen (15) days of
22 a vacancy to issue a writ of election to fill the vacancy;
23 WHEREAS, a special election is neither permitted nor
24 required in this situation as the vacancies to be filled will
25 expire June 30, 1998 which coincide with the terms of offices to be
26 filled by the general election of May, 1998;
27 WHEREAS, pursuant to SS 24.2-226 and 24.2-227 of the Code
28 of Virginia, vacancies in these elected positions must be made by
29 a majority of the judges of the Circuit Court; and
30 WHEREAS, the f illing of these pending vacancies in
31 elected School Board positions will enable the Board to maintain a
32 quorum and to better meet its substantial commitments;
33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35 That City Council hereby respectfully requests the judges
36 of the Circuit Court to promptly make appointments to f ill the
3 7 pending vacancies in the above-ref erenced elected School Board
38 positions.
39 BE IT FURTHER RESOLVED:
40 That the City Clerk is hereby directed to transmit a copy
41 of this Resolution to the Honorable Jerome B. Friedman, Chief Judge
42 of the Circuit Court of the City of Virginia Beach.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia, on the 5th day of March, 1996.
45 CA-6243
46 ORDIN\NONCODE\APPOINT.RES
47 R-1
48 PREPARED: March 5, 1996
2
- 26 -
Item V-L.2
NEW BUSIAESS ITEM # 40482
ADD-ON
@ City Manager admed.,with reference to the S@rd Road Golf Course, a prospective party has
indicated verbally that he has received the assignment fi-om the Brassie Corporation and will be advising
the status. If this does not materialize, a number of firms have expressed an interest.
Robert Scott, Director of Planning, advised a two step process in (,he ultimate @ Ridge Plan (1) receive
all commentslinputs fi-opn local residents and (2) insert reality into the process (determine the ideas of the
investment community).
BY CONSFNSUS, City Council directed the City Manager shall seek Requests For Interest on the
Ridge Property for development of a golf course. City Council shall proceed with the Golf Course
Commiuee and focus preliminary efforts on Lake Ridge.
March 5, 1996
- 27 -
Item V-L.3.
NEW BUSINESS ITEM # 40483
ADD-ON
Council Lady Henley distributed "A Program to Restore and Preserve 7'he Ferry P n House" as
proposed by 77te Friends of Ferry Plantation House, Inc. (March 4, 1996). Said report is hereby made
a part of the record. A floor plan and a beautiful drawing by W Rylance depicting the Ferry Plantation
House is also included.
March 5, 1996
- 28 -
Item V-L4.
NEW BUSINESS ITEM # 40484
ADD-ON
Mayor Oberndorf referenced the L4ND FOR GREEN RUN LITTLE LEAGUE presentation on
November 28, 1995, presented by Robert Spadaccini. The Little League wished to obtain 25-30 acres of
land @ Ridge pro"rty).
7'he representatives of the Little League are still requesting information and if not Lake Ridge, perhaps
Princess Anne Park @ would be available. 77tey do not wish to be dropped off the table in discussions.
Apparently, they felt the decision would be rapid.
Council Lady Henley said this will be discussed by the Lake Ridge Commiuee with the other proposals.
March 5, 1996
- 29 -
item V-M.
ADJOURNMENT ITEM # 40485
Mayor Oberndorf DECLARED the City Council Meeting ADJOUP*NED at 2:55 P.M.-
---------------
@@er --O.-Hooks, CMC
Chief Deputy City Clerk
------ ------ -------------------
th Hod Meyera E Oberndorf
City Clerk Mayor
City of ;rtrginia Beach
Virginia
March 5, 1996