HomeMy WebLinkAboutAUGUST 14, 1990 MINUTES
Citye>f Virgir1ia I3eEtch
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-La'ge
VICE MAYOR ROBERT E. FENTRESS, Virginia Beach &rough
JOHN A. BAUM, Blackwater &rough
JAMES W. BRAZIER, JR., Lynnhaven Bomugh
ROBERT W. CLYBURN, Kempsville &rough
HAROLD HEISCHOBER, At-La'ge
LOUIS R. JONES, Bayside &rough
PAUL J. LANTEIGNE, Pungo &'ough
REBA S. McCLANAN, Princess Anne &rough
NANCY K. PARKER, At-Lmge
WILLIAM D. SESSOMS, JR., At-La,ge
AUBREY V. WATTS, JR., City Managcr
LESLIE L. LILLEY, City Attomey
RUTH HODGES SMITH, CMCIAAE, City Clcrk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
(8041427-4303
AUGUST 14, 1990
ITEM I. CITY MANAGER'S BRIEFING
- Conference Room - 11:30 AM
A. FY 1990-1991 LAND USE TAXATION VALUES
Jerald D. Banagan, City Assessor
ITEM II.
COUNCIL CONFERENCE SESSION
- Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
I TEM I I I . L U N C H
- Conference Room - 12:30 PM
ITEM IV. INFORMAL SESSION
- Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION
- CouncIl Chamber -
2: 00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Melvin Hughes
First Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
Aug ust 7, 1990
G. PRESENTATION
1. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Andrew S. Fine, Co-Chair
Dr. Harrison B. Wilson, Co-Chair
H. PUBLIC HEARING
1. WATER AND SEWER RATE INCREASE
I . ORD I NANCES
1. Ordinances re water and sewer rate increase:
a. To authorize and direct the City Manager to enter Into
negotiations with the Federal Government re amendment of the
WheelIng Contract with the Government to increase the rate paid
by the Government to the City of V I rg I n I a Beach effect I ve
October 1, 1990; and, further authorizing the City Manager to
enter Into future negotiations with the Government to amend the
Wheeling Contract as may be necessary.
b. To AMEND and REORDAtN Section 28-26 of the Code of the City of
Virginia Beach, Virginia, re sewer maintenance charges.
c. To AMEND and REORDAIN Sections 37-23, 37-46 and 37-47 of the
Code of the City of Virginia Beach, Virginia, re water usage
rates.
J. PUBLIC HEARING:
1. PLANNING - RECONSIDERATION:
a. REQUEST of GOODMAN-SEGAR-HOGAN FOR RECONSIDERATION OF
Conditional Use Permit for an open space promotion on the East
side of Indian River Road, 250 feet South of Elbow Road,
containing 167 acres (KEMPSVILLE BOROUGH).
Denied: June 11, 1990.
Scheduled for Reconsideration: July 2, 1990.
2. PLANNING:
a. Application of DALLAS NORMAN of WITCHDUCK LAKE ENTERPRISES for
a Conditional Zoning Classification from R-7.5 Residential
District to A-12 Apartment District at the Western terminus of
Wltchduck Court, containing 15.6 acres (BAYSIDE BOROUGH).
DEFERRED: December 11, 1989
Recommendation: APPROVAL
b. Application of TIDEWATER IMPORTS, INC. for a Conditional Use
Permit for motor vehicle sales and service on the North side of
Virginia Beach Boulevard, 600 feet West of Kings Grant Road
<3152 Virginia Beach Boulevard), containing 4.5 acres
(LYNNHAVEN BOROUGH).
DEFERRED: July 9, 1990.
Recommendation: APPROVAL
c. Appl ication of CONTEL CELLULAR, INC. for a Conditional Use
Permit for a communication tower and equipment building on the
South side of Indian River Road, 1500 feet more or less West of
Princess Anne Road, contain 'ng 24,350.04 square feet more or
less (PUNGO BOROUGH).
DEFERRED: May 14, 1990, and July 9, 1990.
Recommendation: DENIAL
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Counci I and will be enacted by
one motion in the form I isted. If an Item Is removed from the Consent
Agenda, It wll I be discussed and voted upon separately.
1. Resolution authorizing the City Manager to purchase a 12,869.66
square foot right-of-way needed for completion of the Hilltop Loop
for $93,305.00 from Virginia Bell Wright Irrevocable Trust A and
Trust B (LYNNHAVEN BOROUGH).
2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, by ADDING a new Article XXIII to Chapter 2 re
creation and functions of the Development Services Department.
3. Ordinance to AMEND and REORDAIN Section 30-1 of the Code of the
City of Virginia Beach, Virginia, re setbacks for excavations for
farm ponds and drainage ponds.
4. Ordinance authorizing and directing the City Manager to execute a
mutual fire fighting assistance agreement with Fleet Combat
Training Center, Atlantic (Dam Neck).
5. Ordinances, upon SECOND READING:
a. To APPROPRIATE $625,000 In Multi-Family Rehabilitation Loan and
Energy Grant Funds from the Virginia Department of Housing and
Community Development.
b. To APPROPRIATE $49,782 from the State Department of Criminal
Justice Systems through the Anti-Drug Abuse Act of 1988.
c. To ACCEPT and APPROPRIATE $24,389 Grant from the Commonwealth
of Virginia Department of Criminal Justice re Victim Witness
Program; and, prov I de one full-time temporary grant position
for a Victim Witness Assistant.
d. To ACCEPT and APPROPRIATE $23,283 from the State Department of
Mental Health, Mental Retardation and Substance Abuse Services
re additional administrative funding for one full-time
permanent Accountant I position as Reimbursement Manager.
e. To APPROPRIATE $17,500 from the Marine Science Museum
Enterprise Fund's Retained Earnings to FY 1990-1991 Operating
Budget re purchase of a replacement aquarium tank.
f. To APPROPRIATE $10,138 within FY 1990-1991 Operating Budget of
Department of Social Services re employment of one part-time
eligibility worker to be stationed at Virginia Beach General
Hospital.
6. Ordinances, upon FIRST READING:
a. To APPROPRIATE $53,887 re four additional positions in the
Sheriff's Office for FY 1990-1991.
b. To ACCEPT and APPROPRIATE $16,924 In State Grant Funds to the
FY 1990-1991 Operating Budget of the Library Department for a
part-time Library Technician and a large-print photocopier to
accommodate the Subregional Library for the BI ind and Visually
Handicapped.
c. To ACCEPT and APPROPRIATE $13,583 from the State Department for
Children, Consortium on Child Mental Health to the Mental
Health/Mental Retardation/Substance Abuse Special Revenue Fund
re Child Day Treatment Program.
7. Ordinance to TRANSFER $32,662 within the FY 1989-1990 Operating
Budget to the City Treasurer's Budget re offset cost of addItional
expenditures.
8. Ordinance appointing viewers In the petition of David Throckmorton
and Florine Horay, for the closure of a portion of Hutton Lane
(LYNNHAVEN BOROUGH).
L. APPOINTMENTS
COMMUNITY SERVICES BOARD - Resignation
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
M. UNFINISHED BUSINESS
1. RECONSIDERATION of City Council 's action on August Seventh to
reschedule December Fourth Session to Thursday, December 6, 1990.
(Requested by Vice Mayor Robert E. Fentress.)
N. NEW BUSINESS
O. ADJOURNMENT
* * * * * * * * * * * * * * *
CITY COUNCIL SESSIONS CANCELLED
SEPTEMBER 11, 1990
VIRGINIA MUNICIPAL LEAGUE
(All Sessions of City Council are now held weekly on Tuesday)
MINUTES
VIRGINIA BEACH CITY COUNCIL
VIrgInIa Beach, VIrgInIa
August 14, 1990
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Vice Mayor Robert E. Fentress in the Conference Room, City Hall
Building, on Tuesday, August 14, 1990, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
(ENTERED: 12:03 P.M.)
Mayor Oberndorf was attending
the Change of Command Ceremony
for the Corps of Engineers.
- 2 -
C I T Y MAN AGE R 's B R I E FIN G
FY 1990-1991 LAND USE TAXATION VALUES
11 :30 A.M.
ITEM # 33254
Jerald D. Banagan, City Assessor, advised as previously reported, the State
Land Evaluation Advisory Council (SLEAC) is the state agency charged with the
responsibility of annually providing suggested land use values for each
jurisdiction which has adopted Land Use Taxation. The values suggested for
Virginia Beach for CLASS III Agriculture land for FY 1991 is $770 per acre
which is a 79% increase over the FY 1990 use value of $430. The $430.00 land
use values was the lowest since 1976. During the 1980's, the land use values
ranged from $520 an acre to $600 an acre.
As per the request of City Council, Mr. Banagan collected some local
agricultural data by contacting seventeen of the professional farmers who lease
acreage. The City Assessor has developed an al terna ti ve to SLEAC' s suggested
values. The rents range from zero to $100 an acre. The median rent is $50.00,
while the mean rent is $48.75. There were approximately 1550 acres that were
leased at a relatively moderate price of $35.00 an acre or less, which the City
Assessor believed to be less than economic rent. Typical economic rent is $65
per acre. Capitalizing typical economic rent of $65 per acre at 10% equates to
a use value of $650 per acre, as opposed to the $770, proposed by SLEAC. When
the projections of revenue were derived in February, the existing land use
values were utilized. $650.00 an acre would create an additional $7.4-MIILLION
in assessments and the $770.00 an acre would create an additional $11.2-MILLION
in assessments. A listing of all jurisdictions in the State with land use
values of over $600 an acre was enclosed in the documentation for City
Council's perusal.
Primarily SLEAC indicated three major elements contributed to the increase in
land use values: eliminating 1983 production data and the addition of 1988
(they utilize a five-year rolling average), increased government subsidy
payments and the change in the 1982 census of agricultural data to 1987 census
of agricultural data.
On the last page of the documentation, Mr. Banagan equated values to various
scenarios.
INCREASE IN TAXES
25 Acres of Farm Land
FY 1989/1990
@ $430
FY 1990/1991
@ $650
@ $770
$ 10,750
x .00977
$ 105.02
$ 16,250
x.Ol032
$ 167.70
$ 19,250
x.01032
$ 198.66
59% Increase
89% Increase
$80,000 House and Site and 25 Acres Farm Land and 10 Acres Forest
FY 1989/1990 FY 1990/1991
@ $430/$340 @ $650/$355 @ $770/355
$ 94,150 $ 99,800 $102,800
x .00977 x.0l032 x .01032
$ 919.84 $ 1029.93 $ 1060.89
12% Increase 15% Increase
- 3 -
C I T Y MAN AGE R 's B R I E FIN G
FY 1990-1991 LAND USE TAXATION VALUES
ITEM II 33254 (Continued)
$80,000 House & 100 Acres Farm Land & 25 Acres Forest
FY 1989/1990
FY 1990/1991
@ $430/$340
@ $650/$355
@ $770/355
$131,500
x.00977
$ 1284 . 7 5
$153,875
x.01032
$ 1587.99
$165,875
x.01032
$ 1711.83
23% Increase 33% Increase
The middle scenario most closely reflects the bulk of the properties In the
rural areas.
Mr. Banagan advised City Council must provide guidance by August 27, 1990.
Counci Iman Lanteigne bel ieved the $50.00 per acre should be utilized equating
to a land use value of $500 per acre.
Councilman Baum concurred with the recommendation of the Real Estate Assessor
of $65.00 per acre equating to a iand use value of $650 per acre.
BY CONSENSUS, City Council chose the $650 an acre figure which would be
utilized as land use values.
AllrlllC::+ 1 L1 1 aan
- 4 -
C 0 U N C I L CON C ERN SSE S S ION
11: 55 A.M.
ITEM # 33255
Councilman Sessoms referenced the Central Business District Commission which
was created on November 20, 1989. The Commission has been requested to present
a Master Plan for the Central Business District on or before December 31, 1990.
The Commission has requested an extension until March First.
A Resolution will be ADDED-ON to the City Council Agenda during the Formal
Session.
ITEM # 33256
Councilman Lanteigne referenced the serious accident on Sandbridge Road this
weekend. Approximately 50% of the accidents occurring on Sandbridge Road are
with injuries. This compares to approximately 20% of the accidents with
injuries which occur throughout the City. There are not a number of accidents
occurring but the severity is very great.
ITEM # 33257
Councilman Lanteigne advised the City Staff has been directed to authorize
acquisi tion of property in fee simple for right-of-way for Ferrell Parkway.
Councilman Lanteigne requested City Council be given a time frame of these
developments during the City Council Session of August 21, 1990.
ITEM # 33258
Councilman Brazier referenced the fixed wing aircraft. The aircraft was
obtained as a result of the drug enforcement activity. After reviewing the
pros and cons and the need for a second helicopter, the City Manager had
directed the Police Chief to consult with the Customs Service and sell the
aircraft as soon as legally practicable.
The City Manager advised Councilman Brazier approximately $35,000 to $40,000
would be received for the fixed wing aircraft. Councilman Brazier advised the
City pays a private carrier for the extradition of prisoners out of the City.
The City is reimbursed for these expenses after filing with the State.
Councilman Brazier suggested this fixed wing aircraft be utilized for the
extradition of prisoners. The City could bill the State for expenses.
Councilman Brazier believed other cities might wish to also utilize this
aircraft for extradition of prisoners. The City Manager advised that because
of insurance and other related matters, he would prefer to confine the initial
analysis only to Virginia Beach.
The City Manager will re-examine the situation and provide further information
concerning the utilization of this fixed wing aircraft during the City Council
Session of August 21, 1990.
ITEM # 33259
Vice Mayor Fentress referenced RECONSIDERATION of City Council's action on
August Seventh to reschedule the December Fourth Session to Thursday, December
6, 1990 (See item V-M.1 of UNFINISHED BUSINESS).
BY CONSENSUS, the RESCHEDULED City Council Session of Thursday, December 6,
1990, shall remain and not be RECONSIDERED.
- 5 -
C 0 U N C I L CON C ERN SSE S S ION
ITEM # 33260
Councilwoman Parker advised there was a survey done by the Hampton Roads
Chamber of Commerce relative tolls. Councilwoman Parker requested a Briefing on
transportation needs, as there will be a Resolution relative Surface
Transportation Funding and unlocking it from the Federal Government.
Councilwoman Parker requested Connie W. Long of the Hampton Roads Chamber of
Commerce, to provide Members of City Council the SCHEDULE of Briefings by the
Chamber concerning this Surface Transportation Funding.
Mayor Oberndorf requested clarification relative misinformation
Hampton Roads Planning District Commission will become the
Transportation Authority with the power of taxation.
that the
Regional
Councilwoman McClanan, Chair of HRPDC, advised no position has been taken by
the Planning District Commission.
The City Manager will arrange for the appropriate parties to prepare a BRIEFING
for City Council. The City Council will determine whether to request the
Transportation Study Committee to SCHEDULE a PUBLIC HEARING for Virginia
Beach.
- 6 -
CONCERNS OF THE MAYOR
ITEM # 33261
Mayor Oberndorf apologized to the City Council for arrlvlng late for the City
Council Session as she was in attendance as the City's Representative for the
CHANGE OF COMMAND CEREMONY for the CORPS OF ENGINEERS. Congressmen Bateman,
Sisisky and Pickett were all in attendance. The Corps of Engineers is a Branch
of the United States Army under the Office of the Chief of Engineers in
Washington, D.C. It is a worldwide network of thirteen divisions, thirty-eight
districts, and four engineer research laboratories.
ITEM # 33262
Mayor Oberndorf referenced correspondence from Jesse R. Holland, President -
Allied Florists Association of Virginia, who expressed an interest in
discussing the possibilities of the Association working with the City of
Virginia Beach concerning the Christmas decoration of the Buffington House.
ITEM # 33263
During the City Council Session of August 7, 1990, Mayor Oberndorf had
requested the Council Members list three and no more than five issues or goals
the Council needs to address over the next year. Mayor Oberndorf requested this
list be furnished by August Tenth. Once input is provided by all Council
Members, the items will be listed in a tabular form and brought back to Council
for a work session. Mayor Oberndorf expressed appreciation to Members of City
Council for their comments. Two Members of City Council expressed concern
relative the length of the meetings. There is a lO-Minute policy limit on
speakers, which should be followed. If one wishes extra time allotted, the
Council Member will have to make a MOTION to be followed by a vote. Council
Concerns should be limited to items on the published agenda. Other Council
Concerns should be added under NEW BUSINESS on the FORMAL AGENDA.
ITEM # 33264
In response to a news article in the BEACON, Mayor Oberndorf referenced the
CONSENT AGENDA and requested Members of City Council advise the City Manager,
if there were items which would necessitate the appropriate Department Head
remaining for the Formal Session.
ITEM # 33265
The City Clerk referenced correspondence from Attorney R. J. Nutter requesting
INDEFINITE DEFERRAL of the application of DAlLAS NORMAN of WITCHDUCK LAKE
ENTERPRISES for a Conditional Zoning Classification from R-7. 5 Residential
District to A-12 Apartment District at the Western terminus of Witchduck Court,
containing 15.6 acres (BAYSIDE BOROUGH) (See Item V-J.2.a. of the PLANNING
AGENDA). This correspondence was distributed to Members of City Council.
Councilman Jones believed the concerns could be addressed within a couple of
weeks.
- 7 -
ITEM II 33266
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf In the Conference Room, City Hall Building, on
Tuesday, August 14, 1990, at 12:25 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WII I lam D. Sessoms, Jr.
Council Members Absent:
None
AUGust 14. 19qO
- 8 -
ITEM # 33267
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of appointment of specific
appo intees pursuant to Sect ion 2.1-344 (A) (1). To-wi t: Boards and
Commissions as I isted in the Formal Agenda. (2) Appointment of Christopher
Columbus Qulncentenary Jubilee Commission. (3) Appointment of Princess Anne
County Trlcentennlal Committee.
Upon mot i on by V I ce Mayor Fentress, seconded by Counc II man Sessoms, City
Council voted to proceed Into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WIJ I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councl I Members Absent:
None
Auaust 14 _ 1qq()
- 9 -
ITEM II 33268
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was RECONVENED by Mayor
Meyera E. Oberndorf In the Conference Room, City Hall Building, on Tuesday,
August 14, 1990, at 1:20 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WI I I lam D. Sessoms, Jr.
Council Members Absent:
None
Aua uc:;t 1 A
11"'\1"'\F\
- 10 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 33269
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, 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 appl ies;
AND,
On I Y such pub" c bus I ness matters as were
Identified In the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
11-0*
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert w.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
AIU111<::+ 1L1 100n
.ft,.."...~
-'\\I~\A'IJl:/1 ~:'\
t~\\~~~~~/~3
1 rpG~" :"r ~~ 't,'7.'1
".~ "'i ...., .... . '.' ; z)
~t:' I '0 _t >f
\. ........, +. .
~ ::~~~ . }..
,. .." ;: J
"~. 0 ~ 0 TO. c;t
l1.~"" '. f,'~~Jj
to .1 c' "'HI''' i 0\' J
~ " "11/1 ..",,1:./
...'--......~.....
iRe nnltt Ii utt
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 # 33267,
Page No.8, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
~~~
R th Hodges Smith, CMC/AAE
City Clerk
August 14, 1990
- 11 -
C I T Y C 0 U N C I L CON C ERN S
(Continued)
ITEM # 33270
Relative the appointment of the PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE,
Mayor Oberndorf will forward a letter advising appointments were discussed at
the Informal Session of City Council. The Committee was encouraged to move
forward with their plans, but it was decided not to make this an official
appointment of the City.
Councilman Heischober suggested the City Council advise in letter form because
of the Budgetary constraints, the Council hesitates to form the Committee as it
does involve funding and the City is not in a position to provide funding.
The letter will be written to Dr. Stephen Mansfield after the Governor's
Budgetary address on Thursday, August 16, 1990. A copy of a DRAFT letter will
be faxed to all Members of City Council before being forward to Dr. Mansfield.
Mayor Oberndorf will contact Mr. William Sayer of the CHRIST0PHER COLUMBUS
QUINCENTENARY JUBILEE and suggest he form a Committee and work with the NEPTUNE
FESTIVAL toward 1992 and Heritage Day. The City Council would be unable to
provide economic support.
ITEM # 33271
With reference to Budgetary constraints, Councilman Clyburn referenced the
possibility of capping certain salaries. There are some higher echelon
indi viduals who receive extremely high salaries. Continued five percent (5%)
raises will exceed the Governor's salary. Councilman Clyburn believed employees
would fair better if more funds were paid on their insurance rather than a cost
of living increases.
Councilman Baum referenced the issue of Health Insurance and requested the City
Manager provide sufficient information to deal with this issue. Councilman Baum
requested the City Manager provide data relative the cost of Health Insurance
for taxpayers in occupations other than Government.
Councilman Jones believed the solution to the rising costs was a reallocation
of the current resources already in existence. Councilman Jones was not
addressing a cut-back in services but reducing those areas which are
overstaffed in the performance of certain services. These resources could be
reallocated to the areas where the services are needed.
Councilman Lanteigne advised within the Municipal Budget there are no
incentives to meet performance goals and objectives and to save funds. The
Budget Process needs to be re-examined in all areas and offer the employees
incentives to save, i.e. health care costs. As an example, for every $1.00 the
Budget Manager turns back in at the end of the year, 10i could be toward the
employee's health care. The formation of a Committee relative the revamping of
the Budget Process would be feasible.
Councilman Sessoms advised $16-MILLION was saved by his bank. There was a
hiring freeze. Positions were lost but not jobs. Twenty-five percent (25%) of
the savings will be returned to the employee in the form of additional wages, a
key to morale and incentive.
Productivity and accountability are the key factors. Councilman Brazier advised
as the Commanding Officer of a precinct, there are no incentives to really
cut-back. A police officer and a $25,000 automobile is sent to the affected
party to receive a complaint relative a stolen bicycle.
- 12 -
C I T Y C 0 U N C I Leo N C ERN S
(Continued)
ITEM # 33272
Councilwoman McClanan referenced the Ordinance to AMEND and REORDAIN the Code
of the City of Virginia Beach, Virginia, by ADDING a new Article XXIII to
Chapter 2 re creation and functions of the Development Services Department.
(See Item V-K.2 of the CONSENT AGENDA). Councilwoman McClanan Inquired whether
this department would speed the review process.
Councilwoman McClanan advised of the many complaints relative development plans
being held until the deadline. Encroachments are often held for many months.
The Development Services Department shal I be responsible for the provision of a
comprehensive development review process through a coordinated approach that
wll I enhance service to the development community and Individuals.
The City Manager requested he be advised of occurrences when plans are being
held too long. The City Manager will Investigate and advise City Council.
Allflllc:.+ 1.1. 1 QQf)
- 13 -
FOR MAL S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 14, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCI L I n the Counc II Chambers, CI ty Ha II Bu I I ding, on Tuesday,
August 14, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wi II lam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend Melvin Hughes
First Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
AllrlllC:+ 1L1. 100(\
- 14 -
Item V-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 33273
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council RATIFIED THE CERTIFICATION OF THE EXECUTIVE SESSION TO BE IN ACCORDANCE
WITH THE MOTION TO RECESS. (The Executive Session had been CERTIFIED during the
INFORMAL SESSION by a Verbal Vote.)
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Execut Ive Sess i on to wh I ch th I s
certification resolution appl ies;
AND,
Only such public business matters as were
Identified In the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Vot I ng : 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert w.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wi I I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councl I Members Absent:
None
Auaust 14_ 1qqO
iRtnnlltliutt
RATIFIED 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 # 33267,
Page No.8, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executi ve Session were heard, discussed or considered by Virginia
Beach City Council.
(THE EXECUTIVE SESSION HAD BEEN CERTIFIED DURING THE INFORMAL SESSION
BY A VERBAL VOTE.)
~~
City Clerk
August 14, 1990
- 15 -
Item V-F.1.
MINUTES
ITEM # 33274
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of August 7, 1990.
V ot I ng : 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WI I I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Counci I Members Absent:
None
August 14.1990
- 16 -
Item V-G. 1
PRESENTATIONS
ITEM # 33275
LABOR DAY COMMUNITY
COORDINATION COMMITTEE
Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY
COORDINATION COMMITTEE, advised the final PUBLIC FORUM was held at the
Pavilion, which was reasonably well attended. A "standing room only" crowd was
in attendance at the Fraternal Order of Police Association. Chief Wall assisted
in this particular event. There were three representatives from the Black
Police Association. The three sessions of Volunteer Training have commenced.
Litigation involving the utilization of Redwing Park was terminated last
Friday, August 11, 1990, and hopefully will remain in that status. The fund
raising continues with approximately $160,000 collected.
The price has been reduced for any Norfolk State Student who has his ID card.
Dr. Wilson introduced his daughter, MISS TIDEWATER, who was in attendance
during the City Council Session.
Mayor Oberndorf extended appreciation to Dr. Wilson and Mr. Fine for their
leadership, loyalty and unselfish service. Mayor Oberndorf was deeply and
eternally grateful to them and the many volunteers associated with LABORFEST.
- 17 -
Item V-H.1.
PUBLI C HEAR I NG
ITEM II 33276
Mayor Oberndorf DECLARED a PUBLIC HEARING:
WATER AND SEWER RATE INCREASE
The fol lowing registered In OPPOSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
AUClUc;t 14 _ 1 qqO
- 18 -
Item V-I.1.a/b/c.
ORDINANCES
ITEM II 33277
Clarence Warnstaff, Director of Publ ic utilities, advised the Water and Sewer
Capital Program averages approximately $16-MILLION per year in new water and
sewer facilities to serve the citizens of Virginia Beach. To finance the
City's water and sewer capital program, It is necessary for bonds to be
Issued. In order to issue those bonds, sufficient revenues from the water and
sewer fund must be available to retire the debt associated with issuing new
bonds. There are three major components In the Capital Program: (1) Two-thirds
of the program relates to extending public water and sewer to neighborhoods In
Virginia Beach that are currently uti I Izlng wel Is and septic tanks. (2)
Extending water and sewer projects In coordination with the City's Highway
Programs. (3) Bui I ding a water and sewer system to ensure the customers will
have sufficient water and sufficient water pressure and the fire fighting
capab III ties are prov i ded to a II c I tl zens. The adj ustments recommended over
the next three years average approx Imatel y 4-1/2% each year for the average
residential water and sanitary sewage customer. Relative productivity and
efficiency, Public utilities Is operating with less employees per water
customer than seven years ago. By hav Ing I ess employees, cost sav Ings to
customers are calculated to approximately $2-MILLlON a year. Relative the
Issue of uti Ilzing design services, Public uti I itles does retain for the
projects In the Capital Program, engineering design services from outside
sources to develop the construction plans and specifications for the
contractor. The amount utilized on outside design services Is a function of
the magnitude of the Capital Program.
Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council
ADOPTED:
Ordinances re water and sewer rate Increase:
To authorize and direct the City Manager to enter
Into negotiations with the Federal Government re
amendment of the Wheel ing Contract with the
Government to increase the rate paid by the
Government to the City of Virginia Beach effective
October 1, 1990; and, further authorizing the City
Manager to enter Into future negotiations with the
Government to amend the Wheeling Contract as may be
necessary.
To AMEND and REORDAtN Section 28-26 of the Code of
the City of Virginia Beach, Virginia, re sewer
maintenance charges.
To AMEND and REORDAIN Sections 37-23, 37-46 and
37-47 of the Code of the City of Virginia Beach,
Virginia, re water usage rates.
Vot I ng : 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wil I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AUOU5';t 14_ lqqO
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH
3 THE FEDERAL GOVERNMENT FOR THE PURPOSE OF
4 AMENDING THE WHEELING CONTRACT WITH THE
5 GOVERNMENT TO INCREASE THE RATE PAID BY THE
6 GOVERNMENT TO THE CITY OF VIRGINIA BEACH, AND
7 FURTHER AUTHORIZING THE CITY MANAGER TO ENTER
8 INTO FUTURE NEGOTIATIONS WITH THE GOVERNMENT
9 TO MAKE AMENDMENTS TO THE WHEELING CONTRACT
10 AS MAY BE NECESSARY
11 WHEREAS, pursuant to a Contract (hereinafter the
12 "Contract") entered into on September 10, 1973, by and between
13 the United States of America (hereinafter the "Government") and
14 the City of Virginia Beach, Virginia (hereinafter the "City"),
15 the City agreed to wheel potable water to various establishments
16 of the Government located within the City at a rate of $.05 per
17 thousand gallons;
18 WHEREAS, the City commissioned a rate study from
19 Alvord, Burdick & Howson, dated June 12, 1987, to determine
20 whether or not the water rates charged by the City needed to be
21 amended;
22 WHEREAS, based on the study, the City entered into
23 negotiations with the Government resulting in an amendment to the
24 Contract, effective March 1, 1988, which raised the rate from
25 $.05 per thousand gallons to $.31 per thousand gallons;
26 WHEREAS, City staff has determined that it is in the
27 City's best interest to enter into further negotiations with the
28 Government to increase the rate to the $.35 per thousand gallons
29 recommended by the Study Update;
30 WHEREAS, the existing Contract requires that any
31 amendments thereto be negotiated between the Government and the
32 City;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
34 CITY OF VIRGINIA BEACH, VIRGINIA:
35
1. That the City Manager is hereby authorized and
36 directed to enter into negotiations with the Government for the
37 purpose of amending the Wheeling Contract with the Government to
38 increase the rate paid by the Government to the City for wheeling
39 water from $.31 per thousand gallons to $.35 per thousand
40 gallons effective October 1, 1990.
41
2. That the City Manager is hereby further authorized
42 to enter into future negotiations with the Government to make
43 such amendments to the Wheeling Contract as may, from time to
44 time, become necessary.
45
Adopted this ~ day of August
, 1990, by the
46 Council of the City of Virginia Beach, Virginia.
47 CA-3544
48 Noncode\Wheeling.Ord
49 R-4
SIGNA TU:<~
D~F,:.,::' L:; i
APPROVED A~, T(~;~. -'.'.
SUFFIClH-.!CY Ai'.m t. ;'; /.
flJ 1 ~ H. S l"-Lt
--fff GCITY ATTOR'NEY---
'"
L.
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 28-26 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 SEWER MAINTENANCE CHARGES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 28-26 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10
Section 28-26.
Sewer maintenance charges established.
11
The following monthly maintenance charges are hereby
12 established with respect to all property connected di rectly or
13 indirectly to the public sewer system maintained by the efity:
14 (1) Residential uses:
15
a.
Single-family residences: $9.46 $9.65 effective October
16
1, 1990 and $10.58 effective July 1, 1991 and $11. 38
17
effective July 1, 1992.
18
b.
Structures with two (2) or more family residential
19
units, and trailer parks:
20
1.
First unit or trailer $9.46 $9.65 effective
21
October 1, 1990 and $10.58 effective July 1, 1991
and $11.38 effective July 1, 1992.
Each additional unit or trailer $7.10 $7.24
22
23
2.
effective October 1, 1990 and $7.94 effective
24
25
July 1, 1991 and $8.54 effective July 1, 1992.
26
c.
Hotels and motels:
27
1.
For the first room provided for occupancy:
28
$9.46 $9.65 effective October 1, 1990 and $10.58
29
effective July 1, 1991 and $11.38 effective July
1, 1992.
30
31
2.
Each additional room for occupancy: $3.80
$3.88 effective October 1, 1990 and $4.25
32
33
effective July 1, 1991 and $4.57 effective July
1, 1992.
34
35
d.
Campgrounds:
36
1.
For the first space provided:
1;:9.46 $9.65
37
effective October 1,1990 and $10.58 effective
38
39
2.
July 1, 1991 and $11.38 effective July 1, 1992.
For each additional space provided: C3.aO $3.88
effective October 1, 1990 and $4.25 effective
40
41
July 1, 1991 and $4.57 effective July 1, 1992.
42
e.
If a structure or property with two (2) or more family
43
residential units has separate water meters serving each
44
or any individual units, the sewer maintenance charge
45
for the individually metered unit(s) shall be no less
46
than ninc dollars and forty six ccnts C9.46 nine dollars
47
and sixty-five cents $9.65 per water meter effective
48
October 1, 1990 and ten dollars and fifty-eight cents
49
($10.58) per water meter effective July 1, 1991 and
eleven dollars and thirty-eight cents ($11.38) per water
meter effective July 1, 1992.
50
51
52 (2) Nonresidential uses:
53
a.
For all nonresidential uses in which there is also
54
supplied public water service, the sewer maintenance
55
charge shall be determined by the size of the water tap
56
through which water is provided, as per the following
57
schedule~, effective October 1, 1990.
58
Tap Size Monthly Charge
3/4 inch $ 9.50 $ 9.69
1 inch 12.00 12.24
1 1/2 inch 23.75 24.23
2 inch 36.00 36.72
3 inch 71.00 72.00
4 inch 118.00 120.00
6 inch 237.00 242.00
8 inch 550.00 561.00
10 inch 910.00 928.00
12 inch 1,380.00 1,408.00
59
60
61
62
63
64
65
66
67
68
69
Effective July 1, 1991 for all nonresidential uses in which
70
there is also supplied public water service, the sewer
71
maintenance charge shall be determined by the size of the
72
water tap through which water is provided, as per the
73
following schedule~
2
74
Tap Size
Monthly Charge
75
76
77
78
79
80
81
82
83
84
-114
1
1 1/2
2
3
4
6
8
10
12
inch
inch
inch
inch
inch
inch
inch
inch
inch
inch
$ 10.62
13.42
26.55
40.25
79.00
132.00
265.00
615.00
1,017.00
1,543.00
85
Effective July 1, 1992 for all nonresidential uses in which
86
there is also supplied public water service, the sewer
maintenance charge shall be determined by the size of the
87
88
water tap through which water is provided, as per the
following schedule~
89
90
Tap Size
Monthly Charge
91
92
93
94
95
96
97
98
99
100
3/4 inch
1 inch
1 1/2 inch
2 inch
3 inch
4 inch
6 inch
8 inch
10 inch
12 inch
$ 11. 43
14.43
28.57
43.30
85.00
142.00
285.00
662.00
1,095.00
1,660.00
101
b.
For all nonresidential uses in which public water
102
service is not available, the monthly charge shall be as
103
follows:
104
1.
o - 4 commodes: $19.00 $19.38 effective October
105
1, 1990 and $21. 24 effective July 1, 1991 and
$22.85 effective July 1, 1992.
106
107
2.
Each additional commode over four (4):
$3.80
108
$3.88 per commode effective October 1, 1990 and
109
$4.25 per commode effective July 1, 1991 and
110 $4.57 per commode effective July 1, 1992.
III The charges prescr ibed in this section shall be calculated for
112 each service period by multiplying the number of days in the
113 service period by the applicable daily charge for the rates on a
114 twelve month basis.
3
115
Adopted by the Council of the City of Virginia Beach,
116
Virginia on the
14
day of August
, 1990.
117 CA-03840
118 \ordin\proposed\28-026.pro
119 R-2
DEPARTMENT
APPROVED AS TO LEGAL
SYFFIClENCY AND K.RM
.1 A. S(~_J
" tTY A TTC''';''
4
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 37-23, 37-46
3 AND 37-47 OF THE CODE OF THE
4 CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO WATER
6 USAGE RATES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 37-23, 37-46 and 37-47 of the Code of the City
10 of Virginia Beach, Virginia, are hereby amended and reordained to
11 read as follows:
12 Section 37-23. Use of water for private fire protection systems.
13 (a) No city water shall be used for private fire protection
14 systems, unless the customer installs, at his cost, a detector
15 check valve and by-pass meter of a type and at a location approved
16 by the department of public utilities.
17
(b) The customer shall pay the cost of all labor, materials
18 and equipment for any facili ty installed by the department of
19 public utilities in order to accommodate a private fire protection
20 system, plus twenty-five (25) percent.
21
(c) No person shall use water from a private fire protection
22 system, other than for extinguishing a fire, without the written
23
consent of the director of public utili ties.
If water from a
24 private fire protection system is used in a manner not authorized
25 herein, all water usage shall be cut off, unless such unauthorized
26 use is terminated immediately upon notice from the department of
27 public utilities and payment is made for all water so used.
28
(d)
No charge shall be made for water used to extinguish
29 fires, but a three dollar afid thi rty five cefit ($3.35) three
30 dollar and forty cent ($3.40) monthly service fee is hereby
31 imposed for reading and maintaining meters and inspecting the
32 systems.
33 Section 37-46. Minimum service availability charges prescribed.
34
Effective October 1, 1990, each consumer shall pay a monthly
35 minimum service availabili ty charge as follows for each meter
36
37
38
39
40
41
42
43
44
45
46
47
48
49
connecting his premises with the city water system:
Meter Size Monthly charge
5/8 inch $ 3.35 $ 3.40
3/4 inch 4-o-r5- 4.35
1 inch ~ 6.25
1 1/2 inch 10.55 10.95
2 inch 15.95 16.60
3 inch 28.55 29.75
4 inch 46.55 48.50
6 inch 91. 50 96.00
8 inch 145.50 152.00
10 inch 208.45 218.00
12 inch 388.35 406.00
Fire hydrant meter 28.55 29.75
50 Section 37-47. Water usage rates prescribed.
51
In addition to the charges provided for in section 37-46,
52 each consumer shall pay for water usage the rate of two dollars
53 and fifty one ccnts ($2.51) pcr thousand (1,000) gallons for 1989
54 1990, cffectivc as of July 1, 1989 and two dollars and sixty nine
55
$2.69) pcr thousand (1,000) gallons for 1990 1991,
CCRts
56 effcctive July 1, 1990 two dollars and seventy-seven cents ($2.77)
57 per thousand (1,000) gallons for 1990 - 1991, effective as of
58 October 1, 1990 and two dollars and ninety-one cents ($2.91) per
59 thousand (1,000) gallons for 1991 - 1992, effective July 1, 1991
60 and three dollars and one cent ($3.01) per thousand (1,000)
61 gallons for 1992 - 1993, effective July 1, 1992.
62 This ordinance shall become effective on July 1, 1989 October
63 1, 1990.
64
Adopted by the Council of the City of Virginia Beach,
65
Virginia on the
14
, 1990.
day of August
66 CA-03839
67 \ordin\proposed\37-046et.pro
68 R-3
DEPART MENT
2
APPROVED AS TO LEGAL
SUfFICIENCY p. i.." i'~:/\
I "I. C
I.) 1 . ,.x;a.-d .
. ,.. -.-.-.- .._. ..:l.oc:.7"""----,---
CITY C
- 19 -
Item V-J.
PUBLIC HEARING
I TEM II 33278
PLANN I NG
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
1.
PLANNING - RECONSIDERATION:
(a) GOODMAN-SEGAR-HOGAN
CONDITIONAL USE PERMIT
RECONSIDERATION
2.
PLANNING
(a) DALLAS NORMAN
OF WITCHDUCK LAKE ENTERPRISES
CONDITIONAL USE PERMIT
(c) TIDEWATER IMPORTS, INC.
CONDITIONAL USE PERMIT
(d) CONTEL CELLULAR, INC.
CONDITIONAL USE PERMIT
Aua ust 14. 1990
- 20 -
ItemV-J.l.a.
PUBLIC HEARING
PLANNING - RECONSIDERATION
ITEM II 33279
Robert M. stanton, 900 World Trade Center, Norfolk, represented the applicant
Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon appl ication of GOODMAN-SEGAR-HOGAN for a Conditional
Use Permit: (This application was DENIED on June 11, 1990 and SCHEDULED for
Reconsideration on July 2, 1990.)
ORD I NANCE UPON APPL I CAT ION OF GOODMAN-S EGAR-HOGAN
FOR A COND IT 10NAL USE PERM IT FOR AN OPEN SPACE
PROMOTION R08901323
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Goodman-Segar-Hogan
for a Cond i t I ona I Use Perm I t for an open space
promot i on on certa i n property located on the east
side of Indian River Road, 250 feet south of Elbow
Road. The parcel contains 167 acres. More detailed
Information Is available In the Department of
Planning. KEMPSVILLE BOROUGH.
The fol lowing conditions shall be required:
1. In accordance with the current Master Street and
Highway Plan and the Preliminary Alignment of Elbow
Road Relocated on file in the City Engineer's
Office, a right-of-way dedication of one hundred
twenty-one (121) feet is required through the
northwestern port Ion of th I s property I n order to
obtain the ultimate right-of-way for a four-lane
divided arterial with a scenic buffer.
2. In accordance with the current Master Street and
Highway Plan and the Preliminary AI ignment of
Indian River Road on file In the City Engineer's
Office, approximately one-hundred and one feet
(101) of right-of-way Is required along Indian
River Road to provide for the ultimate one-hundred
and forty-one (141) foot right-of-way for a slx-
lane divided arterial with controlled access and
scenic buffer. Fifty and one-half (50.5) feet of
this required right-of-way shall be a right-of-way
dedication The remaining fifty and one-half (50.5)
feet shal I be a right-of-way reservation.
3. In accordance with the Salem Canal Phase Two Plan
on file In the City Engineer's office, a variable
width drainage easement dedication is required
along the northern portion of this parcel that
fronts on the North Landing River (Salem Canal) in
order to obtain the ultimate two-hundred (200) foot
drainage easement.
4. The utilization of Best Management Practices for
control ling storm water runoff which are reasonably
applicable to the development of the site and In
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
Auouc:;t 14_ 1qq()
- 21 -
Item V-J .l.a.
PUBLIC HEARING
PLANNING - RECONSIDERATION
ITEM # 33279 (Continued)
5. All permanent entrances must have at least 60-foot
rights-of-way to the first intersecting street.
6. A revised preliminary subdivision plat is required
for the new proposal to ensure that all subdivision
and zoning requirements are met.
7. Access must be provided to the open space area
adjacent to the North Landing River (Salem Canal).
This concern shall be resolved during preliminary
subdivision review.
8. The two cul-de-sacs located off the 80-foot
entrance road pose traffic concerns. The location
of these cul-de-sacs shall be resolved during
preliminary subdivision review.
9. An additional street tie to the north may be
required during preliminary subdivision review.
10. The proposed street between Elbow Road and Elbow
Road Relocated poses traffic concerns. During
preliminary subdivision review access to Elbow Road
Relocated may be restricted. Temporary access may
be a viable solution.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth of August, Nineteen Hundred and Ninety.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 22 -
Item V-J.2.a.
PUBLIC HEARING
PLANNING
ITEM # 33280
The City Clerk referenced the letter of August 14,1990, from Attorney R. J.
Nutter, I I, requesting Indefinite Deferral. Said letter Is hereby made a part
of the record.
Upon motion by Councilman Jones, seconded by Councilman Heischober, City
Council DEFERRED for two weeks until the City Counci I Meeting of August 28,
1990, an Ordinance upon application of DALLAS NORMAN of WITCHDUCK LAKE
ENTERPRISES for a Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF DALLAS NORMAN OF
WITCHDUCK LAKE ENTERPRISES FOR A CONDITIONAL ZONING
CLASSIFICATION FROM R-7.5 TO A-12
Ordinance upon application of Dallas Norman of
Wltchduck Lake Enterprises for a Conditional Zoning
Classification from R-7.5 Residential District to
A-12 Apartment District on certain property located
at the western terminus of Wltchduck Court. The
parcel contains 15.6 acres. Plats with more
detailed Information are available in the
Department of Planning. BAYS IDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WI I I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Auaust 14. 1990
- 23 -
Item V-J.2.b.
PUBLIC HEARING
PLANNING
ITEM # 33281
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested WITHDRAWAL.
The following registered In OPPOSITION, but were not OPPOSED to the WITHDRAWAL:
WII I lam E. Mahoney, 3036 Bel Ie Haven Drive, Phone: 498-8802
Harold Pennington, 3041 Bel Ie Haven Drive, Phone: 340-9819
Upon motion by Councilman Brazier, seconded by Councilman Jones, City Councl I
ALLOWED WITHDRAWAL of the Ordinance upon application of TIDEWATER IMPORTS, INC.
for a Conditional Use Permit:
ORD I NANCE UPON APPL ICAT ION OF TIDEWATER IMPORTS,
INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
SALES AND SERVICE
Ord in ance upon app I i cat i on of Tidewater Imports,
Inc. for a Conditional Use Permit for motor vehicle
sales and service on the north side of Virginia
Beach Boulevard, 600 feet west of Kings Grant Road.
Said parcel is located at 3152 Virginia Beach
Boulevard and contains 4.5 acres. tv10re detailed
information is available In the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
He I schober, Lou Is R. Jones, Pau I J. Lante I gne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and WI I I lam D. Sessoms, Jr.
Council Members Voting Nay:
None
Councl I Members Absent:
None
^..~ ..~+ 1 II 1 non
- 24 -
Item V-J.2.c.
PUBLIC HEARING
PLANNING
ITEM # 33282
Attorney Howard W. Martin, Jr., 1640 Sovran Center, represented the applicant
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of CONTEL CELLULAR, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC.
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION
TOWER AND EQUIPMENT BUILDING R08901324
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Contel Cellular, Inc.
for a Conditional Use Permit for a communication
tower and equipment building on the south side of
Indian River Road, 1500 feet more or less west of
Princess Anne Road. Said parcel contains 24,350.04
square feet more or less. More detailed information
is available in the Department of Planning. PUNGO
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth of August, Nineteen Hundred and Ninety.
Councilman Lanteigne encouraged any more development in the future, especially
to the South, be in conjunction with the other tower users and the multiple
site approach be utilized. Councilman Lanteigne also preferred city owned
property be utilized, especially fire stations, highway yards and the firing
range as this is the closest to industrial type property in the southern area
of the City.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
.'\",.,,,co+- 1/, loan
- 25 -
Item V-K.
CONSENT AGENDA
ITEM # 33283
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED in ONE MOTION Items 1, 2, 4, 5 a/b/c/d/e/f, 6a/b/c, 7 and 8 of the
CONSENT AGENDA.
Item No. 3 was APPROVED for DEFERRAL.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James
Clyburn, Vice Mayor
Heischober, Louis R.
S. McClanan***, Mayor
Parker and William D.
W. Brazier, Jr.*, Robert W.
Robert E. Fentress, Harold
Jones, Paul J. Lanteigne, Reba
Meyera E. Oberndorf~}*, Nancy K.
Sessoms, Jr.*
Council Members Voting Nay:
None
Council Members Absent:
None
.r,-Councilman James W. Brazier, Jr., DISCLOSED on Items 5.b./c. pursuant to
Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently
assigned to a position in the Commonwealth Attorney's Office. He will not
realize any direct or foreseeable financial benefit or detriment as a result of
this transaction and is able to participate in this transaction fairly,
objectively and in the public interest. Councilman Brazier's letter of August
7, 1990, is hereby made a part of the record.
~}*Mayor Oberndorf ABSTAINED on Item 5. f, and DISCLOSED pursuant to Section
2.1-639.14(E) of the Code of Virginia, she is a non-paid Director of Tidewater
Health Care, the parent corporation of Virginia Beach General Hospital. Mayor
Oberndorf's letter of August 7, 1990, is hereby made a part of the record.
Councilwoman McClanan voted a VERBAL NAY on Item 2.
August 14. 1990
- 26 -
Item V-K.1
CONSENT AGENDA
ITEM # 33284
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED :
Resolution authorizing the City Manager to purchase
a 12,869.66 square foot right-of-way needed for
completion of the Hilltop Loop for $93,305.00 from
Virginia Bell Wright Irrevocable Trust A and Trust
B (LYNNHAVEN BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A11011QT la. lqqn
1
2
3
4
5
6
7
8
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO PURCHASE A 12,869.66
SQ. FT. RIGHT OF WAY NEEDED FOR
COMPLETION OF THE HILLTOP LOOP FOR
$93,305.00 FROM VIRGINIA BELL
WRIGHT IRREVOCABLE TRUST A AND
TRUST B LOCATED IN THE CITY OF
VIRGINIA BEACH, VIRGINIA.
9
WHEREAS, the City of Virginia Beach proposes to purchase
10 a 12,869.66 sq. ft. right of way from Virginia Bell Wright
11 Irrevocable Trust A and Trust B located and situated in the
12 Lynnhaven Borough as shown on that certain plat entitled,
13 "PRELIMINARY PLAT SHOWING PROPOSED R/W ACQUISITION FOR HILLTOP
14 LOOP FROM VIRGINIA BELL WRIGHT IRREVOCABLE TRUST A AND VIRGINIA
15 BELL WRIGHT IRREVOCABLE TRUST B LYNNHAVEN BOROUGH, VA. BEACH, VAi"
16 and
17
WHEREAS, the City of Virginia Beach for and in
18 consideration of the mutual benefits obtained desires to purchase
19 said 12,869.66 sq. ft. for the completion of Hilltop LOOPi and
20 WHEREAS, the City Council is of the opinion that the
21 12,869.66 sq. ft. are needed for the completion of Hilltop Loop
22 and would be in the public interest and benefit.
23 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 That the City Manager is hereby authorized and directed
26 to purchase said parcel declared to be in the public interest and
27 benefit to the City of virginia Beach.
28 This Resolution shall take effect immediately upon its
29 adoption.
30 Adopted by the City Council of the City of Virginia
31
Beach, Virginia, on the 14
day of August
, 19...2Q.
32
33
34
35
36
EEF/kg
CA-90-3762
05-18-90
\ordin\noncode\HLwright.res
~P~R~'.'"~ AC' TI"'\ ~:-\ .."::.....~
,-. ~ -. ,- ,- .
.~ C.df1w~
~ f( -L/) ;. - ~
t M i C!JfaJ..1.!
<:Ekilt'lE:) ASia AVAilAbiliTY Of fUNWl.
~A f)~~)
City of Virginia Beach, Va..Assistant Cift
Manager for Administration '.
m~'''C-:
-.....
"
P ...........""'\'-_...
.:l "1--$"- \.'ti. ~ :' !~. \;: "':';;,
" , ~"-' .~ ." ,
,~..,.....__. .
~------2i)1jtJ
D-:J.<'t
4.
..
J"
II
>li
oa-
..~J
'",
()
-~,
~
.. 0
~~ ~
_-II:. \t..
~., '"
Hi
~
.'.
"';.\>i
\Ii.....
<;.{
~"t
i1~
f',~" .
'l'f
E~: ,
~~; .
'>.-
~;:
...
~~
L,
~J
~..
lL~
I
::.,....m....
. ".".i1...
()
-J
C'- -~".)
E I- .
-.l ~\ ....
-' ::\ J "', '"
,~\-
::r: ~'t ~ ~.
...
~ ~~ ~ 0.\
.",
'll ~~ ~ ... !l ~
)-:;~ ~~~; ~ N!
~q - ~.. ~
~",~IL~ 'i ~"'. ihi
:L'il~ ,.~ ~ "
:J .'>1 'li~ . 1Rl
U\~<l;. N~ 7.
~ ...... \,
"> ,. 7 > j
& ;ii_I ~
" \1\ 7:
t.!~~ \l
Q .(-<:.... ,I
* "!:3
~ \l1\\j
~ ~55.
It
..
L
a.....
"-~
Q",)'-
'''II
ra~
S ~~
-z:.~q
i~~
...'" <
::~T
~H
~ii~
~H
t
~
~....~~,...:1.~:;"i:;
, >..;~,iJ(..>?~t:~y
......"..11 i.,J~..,.,~ "-"'..
I ....
~
~
....~., '.
-'
,
-:',:.
--
.._.._......:..:~:;~,~r
'\.',~r:~Jf
. :..:;~ .~~.:$,:
g~il
/.;~,~;.:::~-~.::
'~~:.~:~;~;: . .
'::::~'~"
~.'.
!a-e;.,
~A;
"<5,~
'4\
\lJ _.J,
':;;lll ,_
" ~~
~!'
L'"%
!~
~":
~J
-::c
\,:'~.
.... .~.
~
.s :+-~,.~
....'
"f'::!,?)
.' " :. ":_ ~ ".I
:,,~t:~;~}'r~
. >~... ,'.','
..:.ii.'-
~'r;~:-: ....
.., {. .
'~~r~~l:'
. --:-:r "
.... 'I
~ .-!:"
1:8.:
~.'~"
II-
:.[:_,~:::
.~
f)
4,
.~
.s.
2-
Y..
>(l
<{.
..J
..
......
.~.
-:<'
(\/.
\ll
:z
7-
'<1,
..Ill
.' )
It
I. :: ~ !. ~ I '!:
~ 1
-
';~;;~t,J.,;JVi: J,
..
.0.
:~.
~. ';.".' ,
7 .~.
...
~ J .
'II
~. .,..
7~~1~
- 27 -
Item V-K.2
CONSENT AGENDA
ITEM # 33285
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED :
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by ADDING a new
Article XXIII to Chapter 2 re creation and
functions of the Development Services Department.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James
Clyburn, Vice Mayor
Heischober, Louis R.
Meyera E. Oberndorf,
Sessoms, Jr.
W. Brazier, Jr., Robert W.
Robert E. Fentress, Harold
Jones, Paul J. Lanteigne, Mayor
Nancy K. Parker and William D.
Council Members Voting Nay:
Reba S. McC1anan
Council Members Absent:
None
August 14, 1990
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 ARTICLE XXIII TO CHAPTER 2
5 PERTAINING TO THE CREATION AND
6 FUNCTIONS OF THE DEVELOPMENT
7 SERVICES DEPARTMENT
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Article XXIII of Chapter 2 of the Code of the city of
11 virginia Beach, Virginia, is hereby added to read as follows:
12 Section 2-453. Created: composition.
13 There is hereby created a department to be desiqnated as the
14 development services department. which shall consist of a director
15 of the development services department and such other employees as
16 may be prescribed by the councilor by orders of the city manaqer
17 or the director consistent therewith.
18 Section 2-454. Functions.
19
The development services department shall be responsible for
20 the provision of a comprehensive development review process
21 throuqh a coordinated approach that will enhance service to the
22 development community and individuals. The development services
23 department shall also be responsible for the provision of such
24 other services as may be directed by the councilor by orders of
25 the city manaqer or the director consistent with the direction of
26 the council.
27
Adopted by the council of the City of virginia Beach,
28
Virginia on the
14
day of
August
, 1990.
29
30
31
CA-3879
\ordin\proposed\2-453et.pro
R-2
A?n~~"" lED AS TO C();\.fn::;'{fS
~-
~~;~:..-:~.:A'!"":j?r ..
- 28 -
Item V-K.3
CONSENT AGENDA
ITEM # 33286
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
DEFERRED:
Ordinance to AMEND and REORDAIN Section 30-1 of the
Code of the City of Virginia Beach, Virginia, re
setbacks for excavations for farm ponds and
drainage ponds.
The City Staff will prepare a BRIEFING illustrated by renderings during the
INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
August 14. 1990
- 29 -
Item V-K.4
CONSENT AGENDA
ITEM # 33287
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED :
Ordinance authorizing and directing the City
Manager to execute a mutual fire fighting
assistance agreement with Fleet Combat Training
Center, Atlantic (Dam Neck).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
August 14, 1990
, .~~;..... '. ,....~ (i,
'.
------~(~. .... .
~- -.- ._.,.__..~- ---
, ... ,...
_.__._s..~~\ ._'." .'. '.- (1
... --~--
." .
, - '. ,"., "t
.. 'i
1
2
3
4
5
6
:REC~:~~NAN~~ C~~HOR~~gER AN~~~Ar-
EXECUTE A MUTUAL FIRE FIGHTING :P//"-~~-_.
ASSISTANCE AGREEMENT WITH FLEET ..
COMBAT TRAINING CENTER, ATLANTIC
(DAM NECK)
7
WHEREAS, Virginia State law and United States statutes
8
authorize local governments and federal agencies to enter into
9 reciprocal agreements for mutual aid and cooperation in the
10 furnishing of fire fighting services; and
11 WHEREAS, it is deemed mutually beneficial to the City of
12 Virginia Beach and the Fleet Combat Training Center, Atlantic (Dam
13 Neck), located within the City limits, to enter into an agreement
14 concerning mutual aid and cooperation with regard to fire
15 protection, increasing the ability of both parties to promote fire
16 safety in their respective jurisdictions;
17 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the accompanying Mutual Fire Fighting Assistance
20 Agreement is approved, and the City Manager and Chief of Fire
21 Protection are directed to execute said Agreement on behalf of the
22 City of Virginia Beach.
23 Adopted by the Council of the City of Virginia Beach,
24 virginia, on the 14 day of August , 1990.
25 WEB/sam
26 CA-90-3877
27 \ordin\noncode\fireagr.ord
MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
1990, by and between the City of Virginia Beach,
Virginia and the Fleet Combat Training Center, Atlantic, Dam Neck,
Virginia Beach, Virginia.
WITNESSETH:
WHEREAS, each of the parties hereto maintains equipment and
personnel for the suppression of fires and for emergency rescue
services within its own jurisdiction and areas; and
WHEREAS, the parties hereto desire to augment the fire
protection and emergency rescue services available in their
respective jurisdictions in the event of large fires, explosions
or similar emergencies; and
WHEREAS, the lands or districts of the parties hereto are
adjacent or contiguous so that mutual assistance in a fire
emergency is deemed feasible; and
WHEREAS, it is the policy of the Navy Department and of
municipal governments to conclude such agreements wherever
practicable; and
WHEREAS, it is mutually deemed to be sound, desirable,
practicable, and beneficial for the parties to this Agreement to
render assistance to one another in accordance with these terms;
THEREFORE BE IT AGREED THAT:
1. Whenever it is deemed advisable by the senior officer of
a fire department belonging to a party to this Agreement, or by the
senior officer of any such fire department actually present at any
fire, to request fire fighting or rescue assistance under the terms
of this Agreement, he is authorized to do so. The senior officer
on duty of the fire department receiving the request shall
forthwith take the following action:
a. Immediately determine if apparatus and personnel can
be spared in response to the call.
b. What apparatus and personnel might most effectively
be dispatched.
c. The exact mission to be assigned in accordance with
the detailed plans and procedures of operation drawn in accordance
with this Agreement by the technical heads of the fire departments
involved.
d. Forthwith dispatch such apparatus and personnel as,
in the judgment of the senior officer receiving the call, should
be sent with complete instructions as to the mission in accordance
with the terms of this Agreement. Provided, however, that when a
call for assistance is received by a Navy fire department, it shall
be referred at once to the Commanding Officer of the activity
concerned or his duly authorized Duty Officer, before any equipment
or personnel is dispatched.
2. The rendering of assistance under the terms of this
Agreement shall not be mandatory, but the party receiving the
request for assistance should immediately inform the requesting
service if, for any reason, assistance cannot be rendered.
2
3. Each party to this Agreement waives all claims against
the other party or parties for compensation for any loss, damage,
personnel injury or death occurring in consequence of the
performance of this Agreement.
a. All services performed under this Agreement shall
be rendered without reimbursement of either party or parties.
4. The Fire Chief or his designated representative of the
fire department of the requesting service shall assume full charge
of the operations, but if he specifically requests a senior officer
of a fire department furnishing assistance to assume command, he
shall not, by relinquishing command, be relieved of his
responsibility for the operation; provided, that the apparatus,
personnel, and equipment of the agency rendering assistance shall
be under the immediate supervision of, and shall be the immediate
responsibility of the senior officer of the fire department
rendering assistance.
5. The chief fire officers and personnel of the fire
departments of both parties of this Agreement are authorized and
directed to meet and draft any detailed plans and procedures of
operation necessary to e.ffectively implement this Agreement. Such
plans and procedures of operations shall become effective upon
ratification by the signatory parties.
7. This Agreement shall become effective upon the date
hereof and shall remain in full force and effect until canceled by
mutual agreement of the parties hereto or by written notice by one
3
party to the other party, giving ten (10) days notice of said
cancellation.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the
day of
, 1990.
CITY OF VIRGINIA BEACH
City Manager
Fire Chief
ATTEST:
City Clerk
FLEET COMBAT TRAINING CENTER,
ATLANTIC, DAM NECK, VA BEACH
Commanding Officer
Fire Chief
ATTEST:
4
- 30 -
Item V-K.S.a.
CONSENT AGENDA
ITEM # 33288
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $625,000 in Multi-Family
Rehabilitation Loan and Energy Grant Funds from the
Virginia Department of Housing and Community
Development.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
_..L 1 J_ 1 n('\f"\
REQUESTED BY:DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION
AN ORDINANCE TO APPROPRIATE $625,000 IN
MULTIFAMILY REHABILITATION LOAN AND ENERGY
GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, the Commonwealth of Virginia has established the
Virginia Housing Partnership Fund to encourage the improvement of
hOUS\~g opportunities for lower-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development has established a program entitled the Multifamily
Rehabilitation and
Energy Conservation Loan Program, which
authorizes local governments to make loans to citizens to provide
for the rehabilitation of multifamily housing units; and
WHEREAS, the Virginia Department of Housing and Community
Development has informed the City that a reservation in the
amount of $625,000 has been set aside for the City for such
rehabilitation loans;
NOW, THEREFORE BE IT ORDAINED THAT the loan reservation in
the amount of $625,000 be appropriated for the purpose of making
such loans and that revenue from the Commonwealth be increased
in that amount; and
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of this program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
___...m~_~.____.. day of _~1:!~us~_._______, 1990.
APP~ROVED AS T:;~
__.._._...._._ _0.__'- .,..__..._____.._:~_._..._ ..-.-------
Marya I. Ust ick, . tor
Department of Housing and
Neighborhood Preservation
FIRST READING: August 7, 1990
SECOND READING: August 14, 1990
- 31 -
Item V-K.S.b.
CONSENT AGENDA
ITEM # 33289
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $49,782 from the State
Department of Criminal Justice Systems through the
Anti-Drug Abuse Act of 1988.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman James W. Brazier, Jr., DISCLOSED on Items Sb/c. pursuant to
Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently
assigned to a position in the Commonwealth Attorney's Office. He will not
realize any direct or foreseeable financial benefit or detriment as a result of
this transaction and is able to participate in this transaction fairly,
objectively and in the public interest. Councilman Brazier's letter of August
7, 1990, is hereby made a part of the record.
1
2
3
4
AN ORDINANCE TO APPROPRIATE $49,782 FROM THE STATE
DEPARTMENT OF CRIMINAL JUSTICE SYSTEMS AND
TRANSFER $12,446 FROM GENERAL FUND RESERVES TO
THE FY 90-91 OPERATING BUDGET
5
WHEREAS, the State Department of Criminal Justice Systems has provided
6 grant funds to local law enforcement agencies to enhance investigation of
7 trafficking in illegal drugs and the apprehension of persons suspected of
8 violating drug laws;
9 WHEREAS, the Virginia Beach Police Departm,ent has applied for and been
10 notified by the state of the grant award totalling ~$49, 782, "'iith a required 10.ca1
11 match of $12,446;
12 WHEREAS, these funds shall be used for overtime compensation for increased
13 narcotics investigation activities and additional narcotics s\~rvei11an~e
14 equipment, as requested in the grant application.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN-IA
16 BEACH, VIRGINIA, that funds in the amount of $49,782 to be provided by a state
17 DCJS grant be appropriated to the FY90-91 Operating Budget to be offset by a
18 corresponding increase in estimated revenues;
19 BE IT FURTHER ORDAINED THAT funds in the amount of $12,446 be transferred
20 from General Fund Reserves to the FY90-91 Operating Budget as the required match
21 from the city.
22 This ordinance shall be in effect from the date of its adoption.
23
Adopted the
14 day of August , 1990, by the Council of the City of
24 Virginia Beach, Virginia.
26
Second reading:
August 7. 1990
Augsut 14, 1990
25
First reading:
- 32 -
Item V-K.S.c.
CONSENT AGENDA
ITEM # 33290
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $24,389 Grant
from the Commonwealth of Virginia Department of
Criminal Justice re Victim Witness Program; and,
provide one full-time temporary grant position for
a Victim Witness Assistant.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman James W. Brazier, Jr., DISCLOSED on Items Sb./c. pursuant to
Section 2.1-639.14(G) of the Code of Virginia, he is a city employee, currently
assigned to a position in the Commonwealth Attorney's Office. He will not
realize any direct or foreseeable financial benefit or detriment as a result of
this transaction and is able to participate in this transaction fairly,
objectively and in the public interest. Councilman Brazier's letter of August
7, 1990, is hereby made a part of the record.
A.._..~... 1/. 100n
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $24,389 GRANT
2 FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF
3 CRIMINAL JUSTICE FOR THE VICTIM WITNESS PROGRAM
4 WHEREAS, the Victim Witness Program of the Office of the Commonwealth's
5 Attorney provides to victims of crime services which include counseling, court
6 information, referrals, travel arrangements, travel and forensic reimbursements,
7 escorts to court, and communication with the Commonwealth's Attorney;
8 WHEREAS, the Victim Wi tness Coordinator has pursued various grants to fund
9 staff in addition to the three full-time positions and operational support funded
10 by the city;
11 WHEREAS, a grant commitment of $24,389 has been provided by the State
12 Department of Criminal Justice for use in funding the salary of a Victim Witness
13 Assistant, associated fringe benefits, supplies, travel, and equipment;
14 WHEREAS, there is no obligation on the part of the city to continue the
15 grant program beyond the one year of funding provided by the Department of
16 Criminal Justice and no matching funds or supplement need be provided by the
"
17
city.
18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA that a grant from the Department of Criminal Justice in the
20 amount of $24,389 be accepted and appropriated to the Victim Witness Program and
21 that estimated revenue from the Commonwealth be increased by $24,389.
22 BE IT FURTHER ORDAINED that one full-time temporary grant position be
23 created for the duration of the grant or for as long as grant funds are
24 available.
25 This ordinance shall be effective from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27
14
day of
Augus,t 1990.
28
First Reading August 7, 1990
29
Second Reading August 14, 1990
- 33 -
Item V-K.5.d.
CONSENT AGENDA
ITEM # 33291
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPf and APPROPRIATE $23,283 from
the State Department of Mental Health, Mental
Retardation and Substance Abuse Services re
additional administrative funding for one full-time
permanent Accountant I position as Reimbursement
Manager.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
^..~..~t- 1 j. 1 aan
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $23,283 FROM THE STATE
3 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND
4 SUBSTANCE ABUSE SERVICES FOR ADDITIONAL
5 ADMINISTRATIVE FUNDING
6 WHEREAS, the General Assembly appropriated $1,176,495 in additional
7 funds for administrative positions in local Mental Health/Mental
8 Retardation/Substance Abuse Agencies to help implement the Medicaid initiative;
9 WHEREAS, the state has notified the Mental Health/Mental
10 Retardation/Substance Abuse Department of additional allocations of $23,283 from
11 these administrative funds;
12 WHEREAS, these state administrative funds require no local matching
13 funds;
14 WHEREAS, these funds will be used to employ one full-time equivalent
15 Accountant I position as a reimbursement manager to transition the Mental
16 Health/Mental Retardation/Substance Abuse Department system for compliance with
17 medicaid regulations;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That funds in the amount of $23,283 from the State Department of Mental
21 Health/Mental Retardation/Substance Services be accepted and appropriated to the
22 Mental Health/Mental Retardation/Substance Abuse Special Revenue Fund and that
23 revenue from the state government be increased by $23,283; and, that 1.0
24 additional full time permanent position be authorized for reimbursement
25 management only for the term of the grant.
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the
14 day of
August
, 1990.
28
29
First Reading
August 7, 1990
30
Second Reading
August 14, 1990
- 34 -
Item V-K.5.e.
CONSENT AGENDA
ITEM # 33292
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance To APPROPRIATE $17,500 from the Marine
Science Museum Enterprise Fund's Retained Earnings
to FY 1990-1991 Operating Budget re purchase of a
replacement aquarium tank.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A..~..~<- 1/, 10011
1 AN ORDINANCE TO APPROPRIATE $17,500 FROM THE
2 MARINE SCIENCE MUSEUM ENTERPRISE FUND'S RETAINED EARNINGS
3 TO THE FY 90-91 OPERATING BUDGET
4 WHEREAS, the Virginia Marine Science Museum has a 2,000 gallon exhibit
5 aquarium tank which is fractured and poses a safety hazard;
6 WHEREAS, sufficient funds exists in the retained earnings of the Marine
7 Science Enterprise Fund to purchase a replacement tank.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA, that funds in the amount of $17,500 be appropriated from the
10 Marine Science Enterprise Fund's retained earnings to the FY 90-91 Operating
11 Budget to purchase a replacement aquarium tank.
12 This ordinance shall be in effect from the date of its adoption.
13
Adopted the 14
day of August
, 1990, by the Council of the City of
14 Virginia Beach, Virginia.
15
First reading: August 7, 1990
16
Second reading: August 14, 1990
- 35 -
Item V-K.5.f.
CONSENT AGENDA
ITEM # 33293
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $10,138 within FY 1990-
1991 Operating Budget of Department of Social
Services re employment of one part-time eligibility
worker to be stationed at Virginia Beach General
Hospital.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
~~Mayor Oberndorf ABSTAINED on Item 5. f, and DISCLOSED pursuant to Section
2.1-639.14(E) of the Code of Virginia, she is a non-paid Director of Tidewater
Health Care, the parent corporation of Virginia Beach General Hospital. Mayor
Oberndorf's letter of August 7, 1990, is hereby made a part of the record.
All0W'lt 14_ 1qqO
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT
2 OF $10,138 WITHIN THE FY 90-91 OPERATING BUDGET OF THE DEPARTMENT
3 OF SOCIAL SERVICES IN ORDER TO EMPLOY ONE PART-TIME
4 ELIGIBILITY WORKER OUTSTATIONED AT VIRGINIA
5 BEACH GENERAL HOSPITAL
6 WHEREAS, Virginia Beach General Hospital absorbs the costs of medical
7 care for a significant number of patients who are eligible for state and federal
8 funds to cover care of the medically indigent;
9 WHEREAS, Virginia Beach General Hospital has allocated funds to
10 reimburse the City of Virginia Beach for a part-time Eligibility Worker who will
11 be outstationed at Virginia Beach General Hospital;
12 WHEREAS, an outstationed eligibility worker at the hospital will
13 determine eligibility prior to the patients discharge and improve the current
14 situation of patient failures to respond with financial information;
15 WHEREAS, only a Department of Social Service's employee can certify
16 eligibility for Medicaid and State Local Hospitalization Funds;
17 WHEREAS, a contract has been developed and this has proven to be an
18 effective arrangement in other localities;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That funds in the amount of $10,138 be appropriated within the FY90/9l
22 Budget of the Department of Social Services and that revenues of the Department
23 be increased by $10,138 and that .5 additional position be authorized for the
24 length of the contract.
25 AND BE IT FURTHER ORDAINED, that the City Manager is authorized to enter
26 into a contract to establish and implement such a program.
27 This ordinance shall be in effect from the date of its adoption.
28 Adopted by the Council of the City of Virginia Beach, Virginia on the
14 day of
August
, 1990.
29
August 7, 1990
30
First Reading
31
Second Reading August 14, 1990
- 36 -
Item V-K.6.a.
CONSENT AGENDA
ITEM # 33294
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance 0 APPROPRIATE $53,887 re four
additional positions in the Sheriff's Office for FY
1990-1991.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Al1nll",t- 1/, loon
1 AN ORDINANCE TO APPROPRIATE $53,887
2 TO FUND FOUR ADDITIONAL POSITIONS
3 IN THE SHERIFF'S OFFICE FOR FY 90-91
4 WHEREAS, the Compensation Board of the Commonwealth is aware of the
5 staffing shortage presently being experienced at the Virginia Beach Correction
6 Center;
7 WHEREAS, the Compensation Board has approved two Secretary I's and two
8 General Office Clerk positions;
9 WHEREAS, the total operating costs of the four positions, effective August
10 22, 1990, is estimated at $59,823 of which $53,887 will be funded by increasing
11 estimated revenue from the Commonwealth and $5,936 by the city;
12 WHEREAS, the city cost of $5,936 will be covered with existing funds from
13 within the FY 90-91 Sheriff's Operating Budget;
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA, that funds in the amount of $53,887 are hereby appropriated to
16 the Sheriff's Office to finance two additional Secretary I's and two additional
17 General Office Clerk positions.
18 BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth be
19 increased by $53,887.
20 Adopted by the Council of the City of Virginia Beach, Virginia, this
21
day of
, 1990.
22
This ordinance shall be in effect from the date of its adoption.
23
First Reading:
August 14,1990
24
Second Reading:
- 37 -
Item V-K.6.b
CONSENT AGENDA
ITEM # 33295
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $16,924 in
State Grant Funds to the FY 1990-1991 Operating
Budget of the Library Department for a part-time
Library Technician and a large-print photocopier to
accommodate the Subregional Library for the Blind
and Visually Handicapped.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A.._.._" 1/, 100()
1
2
3
AN ORDINANCE TO ACCEPT AND APPROPRIATE $16,924
IN STATE GRANT FUNDS TO THE FY 90-91 OPERATING
BUDGET OF THE LIBRARY DEPARTMENT
4
WHEREAS,
the Virginia Library Services and Construction
5 Act, Title I, provides the opportunity for additional state
6 funding for certain programs by means of special grants;
7
WHEREAS, the state has accepted the application and
8 approved grant funding for the Library Department I s program
9 under the Subregional Library For The Blind And Visually
10 Handicapped Grant totaling $16,924 to fund a part-time visually
11 handicapped Library Technician and a large-print photocopier.
12 WHEREAS, the part-time position shall continue as long as
13 grant funds are available, and the City is under no obligation
14 to continue this position once grant funds expire.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA, that $16,924 made available from
17 the subregional Library For The Blind And Visually Handicapped
18 Grant be accepted and appropriated to the FY 90-91 operating
19 Budget of the Library Department to fund a part-time Library
20 Technician and a large-print photocopier.
21
This ordinance shall be in effect from the date of its
22 adoption.
23
Adopted this
day of
, 1990, by the Council
24 of the city of Virginia Beach, Virginia.
25
First reading: August 14, 1990
26
Second reading:
- 38 -
Item V-K.6.c
CONSENT AGENDA
ITEM # 33296
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $13,583 from
the State Department for Children, Consortium on
Child Mental Health to the Mental Health/Mental
Retardation/Substance Abuse Special Revenue Fund re
Child Day Treatment Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
August 14, 1990
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS IN THE AMOUNT OF $13,583 FROM THE STATE
3 DEPARTMENT FOR CHILDREN, CONSORTIUM ON
4 CHILD MENTAL HEALTH
5
6 WHEREAS, the Department of Mental Hea1th/Menta1/Retardation/ Substance
7 Abuse (MH/MR/SA) received a grant in FY89/90 from the State Department for
8 Children, Consortium for Child Mental Health (the Consortium) to provide day
9 treatment services in cooperation with the Virginia Beach School System;
10 WHEREAS, these grant funds have been used to provide services to
11 seriously emotionally disturbed youth in the Child Day Treatment Program
12 located at two Virginia Beach Schools;
13 WHEREAS, MH/MR/SA has applied to the Consortium for a continuation of
14 the grant and received notice of funding in the amount $13,583 to continue the
15 grant services through November 30, 1990;
16 WHEREAS, these funds are used to purchase consulting clinical staff to
17 provide services and do not involve the addition of any positions to MH/MR/SA;
18 WHEREAS, these funds do not require any city funds as a match;
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That funds in the amount of $13,583 from the State Department for
22 Children, Consortium on Child Mental Health be accepted and appropriated to the
23 Mental Health/Mental Retardation/Substance Abuse Special Revenue Fund and that
24 revenue from the state government be increased by $13,583.
25 This ordinance shall be in effect from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27
day of , 1990.
28
First Reading August 14, 1990
29
Second Reading
- 39 -
Item V-K. 7
CONSENT AGENDA
ITEM # 33297
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED :
Ordinance to TRANSFER $32, 662 wi thin the FY 1989-
1990 Operating Budget to the City Treasurer's
Budget re offset cost of additional expenditures.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
\I
1 AN ORDINANCE TO TRANSFER $ 32,662 WITHIN
2 THE FY 1989-90 OPERATING BUDGET TO COVER ADDITIONAL
3 EXPENDITURES IN THE CITY TREASURER'S BUDGET
4 WHEREAS, as a result of unforseen costs which include increased use of
5 temporary clerical staff, increased volume in mailings, and the purchase of
6 a Public Officials Bond required every four years, expenditures have exceeded
7 appropriations by $ 32,662 in the City Treasurer's FY 1989-90 Operating Budget;
8 WHEREAS, the additional amount needed may be obtained by transfers within
9 the FY 1989-90 Operating Budget;
10 NOW THEREFORE BE IT ORDAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, that
11 $32,662 be transferred within the FY 1989-90 Operating Budget to the Treasurer's
12 budget to offset the cost of additional expenditures.
13 This ordinance shall be effective from the date of its adoption.
14 Adopted by the Council of the City of Virginia Beach, Virginia on
15
14th
day of August , 1990.
- 40 -
Item V-K.8
CONSENT AGENDA
ITEM # 33298
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance appointing viewers in the petition of
David Throckmorton and Florine Horay, for the
closure of a portion of Hutton Lane (LYNNHAVEN
BOROUGH) .
The Viewers are:
David G. Grochmal
Director of General Services
C. Oral Lambert, Jr.
Director of Public Works
Robert J. Scott
Director of Planning
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
All0llC::d- 11.. loan
I'
I
I
I
,I
Ii
.'
II
I:
il
,I
11
Ii
Ii
d
Ii
If
Ii
j,
j:
I
Ii
Ii
Ii
Ii
Ii
Ii
I:
I,
I:
If
Ii
I'
I;
!I
I,
J1
I:
Ii
Ii
Ii
II
I;
II
Ii
II
I!
.,
~ j
i:
I
jl
II
II
I,
,
I
i
i
I
I
I
I
I
I!
Ii
"
!
i
I
I
i
I
Ii
Ii
Ii
I!
Ii
I
I
I
I
II
I
i
i
I
I
I
Ii
I:
I;
,
I
,
!
i
i
cox AND cox I
Attorneys at Law I!
Virginia Beach, Virginia ,i
,I
,i
II
II
Ii
d
"
Ii
ii
j(
!,
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 14th day of August, 1990 at 6: 00 p.m., at the City
Hall of the City of Virginia Beach, Princess Anne Station,
the undersigned will petition the Council for the appointment
of viewers to view the below-described portion of that
certain street and report to the City Council whether in the
opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing and discontinuance of same,
the said portion of said street being described as follows:
Beginning at a pin at the northernmost point
of Lot 20 on the west side Old Hutton Lane,
thence along a curve to the left with a radius
of 340.00 feet an arc distance of 82.28 feet
to a pin; thence, along a curve to the right
with a radius of 280.00 feet an arc distance
of 87.21 feet to a pin; thence S 080 05' 15" W
102.56 feet to a pin in the northern boundary
of the right-of-way of Virginia Beach
Boulevard; thence turning and running S 720
14' 45" E, 30.43 feet along the right-of way
of Virginia Beach Boulevard to a pin; thence
turning and running N 080 05' 15" E, 107.67
feet to a pin; thence, along a curve to the
left with a total radius of 310.00 feet an arc
distance of 43.88 feet to a pin and an arc
distance of 52.67 feet to a pin; thence, along
a curve to the right with a radius of 310.00
feet an arc distance of 75.02 feet to a point;
thence turning and running N 850 53' 33" W
30.00 feet to the point of beginning.
All the above, as shown upon that certain physical
survey made by
Basgier and Associates dated January 13,
1989, entitled "LOT 20, Subdivision of HUTTON TERRACE being
Site A Resubdivision of Site No.1 OCONEE PARK (M.B. 119, p.
~5) and Site 8 + 8B as shown on Revised Plat Showing Right-
of-Way Dedicated to the City of Virginia Beach, Virginia
(M.B. 115, p. 34)".
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as
the matter may be placed on the agenda, the undersigned will
l.oI A
II
I
I
II
I'
II
II
I
I
i
!
I:
il
Ii
i
I
;
Ii
,I
I:
P
,I
J:
II
I!
II
!i
II
II
"
Ii
,I
Ii
ii
'I
Ii
'i
II
Ii
Ij
,.
'I
!'
]j
Ii
II
II
il
I;
I'
II
'!
'.
I
Ii
d
II
ii
II
Ii
II
II
ii
!j
I;
Ii
II
II
I
j
,
I
I,
II
"
il
'I
11
Ii
II
'I
cox AND COX
AnorneyS al Law
Virginia Beach, Virginia
II
I
Petition the City Council to vacate, close and discontinue
that portion of Hutton Lane in the City of Virginia Beach,
Virginia, described above.
DAVID THROCKMORTON
::ORI:p~a
Of Counsel
E. Leslie Cox, Esquire
Cox and Cox
611 Lynnhaven Parkway, Suite 100
Virginia Beach, Virginia 23451
. 1.
I
I
COX AND COX I
Attorneys at Law i
Virginia Beach, Virginia!
I
i
I
i
I
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS HUTTON LANE, AS SHOWN UPON
THAT CERTAIN PHYSICAL SURVEY ENTITLED, "LOT
20, SUBDIVISION OF HUTTON TERRACE BEING SITE A
RESUBDIVISION OF SITE NO. 1 OCONEE PARK (M.B.
119, P. 25) AND SITE 8 + 8B AS SHOWN ON
REVISED PLAT SHOWING RIGHT-OF-WAY DEDICATED TO
THE CITY OF VIRGINIA BEACH, VIRGINIA (M.B.
115, P.34), FOR DAVID THROCKMORTON AND FLORINE
HORAY, WHICH PLAT IS ATTACHED HERETO.
PETITION
Ii TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY 01<'
1: VIRGINIA BEACH, VIRGINIA
i:
Your Petitioner, David Throckmorton and Florine Horay,
i
ii
1:
ii
j:
I!
Ii
I
Ii
!'
I:
I
i,
I
I,
i:
I:
!,
respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner
applies for the vacating, closing and discontinuance of a
portion of that certain street which is more specifically
described as follows:
I'
I
i
i
I'
Ii
I'
"
Beginning at a pin at the northernmost point
of Lot 20 on the west side Old Hutton Lane,
thence along a curve to the left with a radius
of 340.00 feet an arc distance of 82.28 feet
to a pin; thence, along a curve to the right
with a radius of 280.00 feet an arc distance
of 87.21 feet to a pin; thence S O~o 05' 15" W
102.56 feet to a pin in the northern boundary
of the right-of-way of Virginia Beach
Boulevard; thence turning and running S 72-
14' 45" E, 30.43 feet along the right-of way
of Virginia Beach Boulevard to a pin; thence
turning and running N 080 05' 15" E, 107.67
feet to a pin; thence, along a curve to the
left with a total radius of 310.00 feet an arc
distance of 43.88 feet to a pin and an arc
distance of 52.67 feet to a pin; thence, along
a curve to the right with a radius of 310.00
feet an arc distance of 75.02 feet to a point;
thence turning and running N 850 53' 33" W
30.00 feet to the point of beginning.
if
i:
!
Said parcel of land being a portion of Hutton Lane, as
indicated on that certain physical survey entitled "LOT 20,
Subdivision of HUTTON TERRACE being Site A Resubdivision ot
site No.1 OCONEE PARK (M.B. 119, p. 25) and Site 8 + 8B as
shown on Revised Plat Showing Right-of-Way Dedicated to the
city of Virginia Beach, Virginia (M.B. 115, p. 34)", which
I
a1~
i
I
i
I
I
COX AND cox'
Anorneys at Law
Virginia Beach, Virginia
survey is attached hereto and made a part hereof.
~. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted
street proposed to be closed and to report in writing to the
Council on or before the
as to whether in
the opinion of said Viewers, what inconvenience, if any,
would result from the discontinuance and closing of this
portion of said street, as herein reported and described.
3. That on July 15, 1990, and on July 22, 1990, notice
of the presenting of this application was published in the
Beacon, a newspaper of general circulation in the City of
Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted
street are your Petitioners herein, David Throckmorton and
Florine Horay, 324 Hutton Lane, Virginia Beach, Virginia.
Respectfully Submitted,
David Throckmorton and
::ori~~CL
Of counsel
E. Leslie Cox, Esquire
Cox and Cox
611 Lynnhaven Parkway
Suite 100
Virginia Beach, Virginia 23452
i
,
I
Ii
II
II
II
,I
I:
Ii
Ii
:i
j;
,i
i
I:
I!
I
I'
Ii
Ii
II
Ii
ii
Ii
Ii
I:
I'
,I
iI
I'
Ii
II
I'
i:
~ !
Ii
I'
I'
I'
Ii
II
Ii
II
Ii
II
II
I:
Ii
"
'i
!
,I
I'
'I
I
I
II
I
,
I
I
,
COX AND COX Ii
Allorneys at Law I !
Virginia Beach. Virginia I i
I'
II
:!
Ii
II
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, E. Leslie Cox, attorney for David Throckmorton and
Florine Horay, being first duly sworn, deposes and states:
1 . That I am an attorney at law and represent David
Throckmorton and Florine Horay.
2. That on July 15, 1990 and on July 22, 1990, notice
of the presenting of the application to close a portion of
that certain street known as Hutton Lane on behalf of David
Throckmorton and Florine Horay, was published in the Beacon,
a newspaper of general circulation in the City of Virginia
Beach, Virginia.
And further the deponent saith not.
-e~4
E. LESLIE COX
I
LA
COX AND COX
ATTORNEYS AT lAW
611 LYNNHAVEN PARKWAY. SUITE 100
VIRGINIA BEACH. VIRGINIA 23452
TELEPHONE
(804) 486-4650
CARRO LLYN C. COX
EDWARD LESLIE COX
July 10,
1 9 91J .
'~. ..~.. .'1(" s'-rl')"\;" 1;1: ",
r:~ '''' ,., . ". \-
>'-"1' , ,
, .;J'" ....J" ( .' ;
~ \....,
William C. Bunch, Jr., Esquire
City Attorney's Office
City of Virginia Beach
Princess Anne station
Municipal Center
Virginia Beach, VA 234S6
~t t~ .ft ~n(.\1 I
, ~. " ~
:',.';t':
.,~..' ,I ; .. ; /
"~L~j
Ot::PT'. OF LA W
Dear Sir:
I, E. Leslie Cox, attorney for David Throckmorton and
Florine Horay, do hereby certify that:
"I. I am an attorney at law and represent David Throckmorton
and Florine Horay, the petitioners.
L. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in David
Throckmorton and Florine Horay, the adj acent landowners and the
holders of the underlying fee in said property.
The said property referred to herein is hereby described as
follows:
Beginning at a pin at the northernmost point
of Lot 20 on the west side Old Hutton Lane,
thence along a curve to the left with a radius
of 340.00 feet an arc distance of 82.28 feet
to a pin; thence, along a curve to the right
with a radius of 280.00 feet an arc distance
of 87.21 feet to a pin; thence S 080 OS' 1S" W
102.S6 feet to a pin in the northern boundary
of the right-of-way of Virginia Beach
Boulevard; thence turning and running S 72 u
14' 4S" E, 30.43 feet along the right-of way
of Virginia Beach Boulevard to a pin; thence
turning and running N 080 OS' 1S" E, 107.67
feet to a pin; thence, along a curve to the
left with a total radius of 310.00 feet an arc
distance of 43.88 feet to a pin and an arc
ddo ~
distance of 52.67 feet to a pin; thence, along
a curve to the right with a radius of 310.00
feet an arc distance of 75.02 feet to a point;
thence turning and running N 850 53 I 33" W
30.00 feet to the point of beginning.
Very ~..~ ~ Y..ou[1'
U / '. /
---G.1 ~ .
E. LESLIE COX
ELC/kpp
1{M1./)
COX AND COX
Attorneys at Law
Virgioia Beach,
i
I
Ii
11
Ii
Ii
Ii
!I
ORDINANCE APPOINTING VIEWERS
WHEREAS, David Throckmorton and Florine Horay have given
;
I,
due and proper notice, in acordance with the statutes for
I'
I.
I
i
such cases made and provided that they will on the 14th day
of August, 1990, apply to the City Council of the City of
i:
i
i Virginia Beach, Virginia, for the appointment of Viewers to
I
I
view the below-described property and report in writing to
the council whether, in the opinion of said Viewers, any, and
if
what
inconvenience
would
result
from
the
any,
discontinuance of the hereinafter described portion of that
certain street of variable width, and has filed such
application with said Council.
NOW THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT
c. Oral Lambert, Jr. ,
and
Robert J. Scott
David M. Grochmal
are hereby appointed to view the below
described property and report in writing to the Council, as
soon as possible, whether in their opinion, any, and if any,
what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable
width located in the city of Virginia Beach, Virginia, and
more particularly described as follows:
Beginning at a pin at the northernmost point
of Lot 20 on the west side Old Hutton Lane,
thence along a curve to the left with a radius
of 340.00 feet an arc distance of 82.28 feet
to a pin; thence, along a curve to the right
with a radius of 280.00 feet an arc distance
of 87.21 feet to a pin; thence S 080 05' 15" W
102.56 feet to a pin in the northern boundary
of the right-of-way of Virginia Beach
Boulevard; thence turning and running S 72u
14' 45" E, 30.43 feet along the right-of way
of Virginia Beach Boulevard to a pin; thence
turning and running N 080 05' 15" E, 107.67
feet to a pin; thence, along a curve to the
left with a total radius of 310.00 feet an arc
distance of 43.88 feet to a pin and an arc
distance of 52.67 feet to a pin; thence, along
a curve to the right with a radius of 310.00
feet an arc distance of 75.02 feet to a point;
thence turning and running N 850 53' 33" W
30.00 feet to the point of beginning.
A.LJ
,
Ii
Ii
I:
I;
Ii
Ii
I
Ii
i!
I:
I'
I,
I
il
I
Ii
Ii
II
!:
I:
i!
I
I ~
I:
i:
I'
Ii
Ii
i'
i!
I)
Ii
i'
i'
I
"
Ii
Ii
Ii
II
"
I:
'I
Ii
Ii
!i
Ii
II
,
I
i
II
Ii
I
i
i
I
Ii
II
Ii
Ii
I
COX AND COX :
Attorneys at Law I
Virgi(lia Beach. Virginia I
I
II
II
Ii
Ii
I'
,
i'
!;
i
I
i
i
i
II
I
i
All the above as shown upon that certain physical survey
entitled "LOT 20, Subdivision of HUTTON TERRACE being Site A
Resubdivision of Site No.1 OCONEE PARK (M.B. 119, p. 25) and
Site 8 + 8B as shown on Revised Plat Showing Right-of-Way
Dedicated to the City of Virginia Beach, Virginia (M.B. 115,
p. 34) for David Throckmorton and Florine Horay" which plat
is attached hereto and made a part hereof.
ADOPTED:
August 14, 1990
I
I
J_n
i
COX AND COX!!
Attorneys al Law i:
Virginia Beach, Virginia I :
I'
,I
"
1i
!\
11
I'
ii
'i
!I
I'
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
OF VARIABLE WIDTH, KNOWN AS HUTTON LANE, AS
SHOWN UPON THAT CERTAIN PHYSICAL SURVEY
ENTITLED "LOT 20, SUBDIVISION OF HUTTON
TERRACE BEING SITE A RESUBDIVISION OF SITE NO.
1 OCONEE PARK (M.B. 119, P. 25) AND SITE 8 +
8B AS SHOWN ON REVISED PLAT SHOWING RIGHT-OF-
WAY DEDICATED TO THE CITY OF VIRGINIA BEACH,
VIRGINIA (M.B. 115, P.34), FOR DAVID
THROCKMORTON AND FLORINE HORAY" WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by David Throckmorton and Florine Horay, that
they would make application to the Council of the City of
Virginia Beach, Virginia, on August 14, 1990, 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 hereinafter described street be
discontinued, closed and vacated:
il
"
"
.,
f:
,
Beginning at a pin at the northernmost point of Lot
20 on the west side Old Hutton Lane, thence along a
curve to the left with a radius of 340.00 feet an
arc distance of 82.28 feet to a pin; thence, along
a curve to the right with a radius of 280.00 feet
an arc distance of 87.21 feet to a pin; thence
S 080 05' 15" W 102.56 feet to a pin in the
northern boundary of the right-of-way of Virginia
Beach Boulevard; thence turning and running S 720
14' 45" E, 30.43 feet along the right-of way of
Virginia Beach Boulevard to a pin; thence turning
and running N 080 05' 15" E, 107.67 feet to a pin;
thence, along a curve to the left with a total
radius of 310.00 feet an arc distance of 43.88 feet
to a pin and an arc distance of 52.67 feet to a
pin; thence, along a curve to the right with a
radius of 310.00 feet an arc distance of 75.02 feet
to a point; thence turning and running N 850 53'
33" W 30.00 feet to the point of beginning.
i:
II
i
II
said parcel of land designated as "Hutton Lane" as
indicated on that certain plat of property in Virginia Beach,
Virginia, which plat is to be recorded in the Clerk's Office
GPIN#
.IL..A.
Ii
iI
Ii
11
It
I'
Ii
Ii
.'
!:
I'
11
"
Ii
I;
Ii
ii
II
Ii
Ii
i!
Ii
~ :
!i
I'
I!
ii
COXANDCOXij
Anorneys at Law II
Virgillia Beach, Virginia I i
'I
i
I
I
"
'I
Ii
II
of the Circuit Court of the City of Virginia Beach, Virginia,
upon adoption of this ordinance, and is made a part hereof by
reference.
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
i
,
I:
I
I.
Ii
I'
i:
II
i ~
!:
i:
I
1i
Ii
i:
Ii
Ii
Ii
\;
Ii
li
)1
Ii
ii
I:
II
ii
ji
I;
ii
I:
Ii
Ii
ii
Ii
il
,I
H
,.
i:
!t
I'
i!
11
,
Ii
ji
l'
Beach, Virginia, and indexed in the name of the City of
Virginia Beach as Grantor and in the name of David
Throckmorton and Florine Horay, as Grantee.
Adopted:
1
COX AND COX
Attorneys at Law
Virginia Beach. Virginia
LEGAL DESCRIPTION
Beginning at a pin at the northernmost point of Lot 20 on the
west side Old Hutton Lane, thence along a curve to the left
with a radius of 340.00 feet an arc distance of 82.28 feet to
a pin; thence, along a curve to the right with a radius of
280.00 feet an arc distance of 87.21 feet to a pin; thence
S 080 05' 15" W 102.56 feet to a pin in the northern boundary
of the right-of-way of Virginia Beach Boulevard; thence
turning and running S 720 14' 45" E, 30.43 feet along the
right-of way of Virginia Beach Boulevard to a pin; thence
turning and running N 080 05' 15" E, 107.67 feet to a pin;
thence, along a curve to the left with a total radius of
310.00 feet an arc distance of 43.88 feet to a pin and an arc
distance of 52.67 feet to a pin; thence, along a curve to the
right with a radius of 310.00 feet an arc distance of 75.02
feet to a point; thence turning and running N 850 53' 33" W
30.00 feet to the point of beginning.
i,
if
I:
I'
I:
"
j!
Ii
!;
I'
I!
II
,.
"
I
"
!i
Ii
'I
I.
I'
i:
ii
i:
,I
"
i
I,
d
Ii
I!
;!
i:
ji
!:
i'
il
I:
"
i
II
"
Ii
Ii
Ii
I'
I:
II
I
I
I
ii
Ii
"
!1
i
1:
,
j!
!.
~ LA
THIS IS 10 CE~TIFY THloT I. ON JANU:'flY t, t3-:C.f L.I~~:\I[A:ECO '.TRffT k/W LINES AND
THE PROPERTY SHOW'" ON THIS PL.Al, AND lHAT THE TITL.E
TI1[ ~ALlS Or THE BUllOINGt ARE AS SHeWN ON THIS PLAT
THE BL.:l..DlNC.S SlANL STRICTLY WITHIN THE TITLE ~~~[~R~~~RTY,
THrRE ARE M) ENCROACHMENTS Of eTHER aUILOINC.S ()I'.
[ll:;;EPl AS SHOWN
0CONE:E:
ccG' " ::::;,:...".
/Db':~1 At'Jf.4Rrl..r
D ti ~/q' ~ JI/; ~)"
Pf"'" 5" IIl~''''''''~ J---'~'" ,~ 6JS)
N 810 54 ~5"!- ,;!- ."
15 00 ,f--
. .
'"
~;: o~ i
S> ~ I
r l.t_
""j ,01(.'
i!:!./,....
.:{ ..~~ ............."
!:! """- '_, ""., ~o
, ;; ~.,.'''''~~ ~.--_ ~'C~l...i.!lil .,....
(bl '. .-----'
~, ?f;m;;T~ ~~:~_.
, '. It... .
, . ,
, , .
S,ON[O V-l'-~ .AJ~
.t~j:,:~.:,
.... ""'.( ~
',:'"
..........,
LOCATION MAP
," . 2,000 FT.
19
n~.'
J., _
.' ~ IS.' ',_,;.In
;'--, - '.. ..
I ~ -n:. ... ~
. ....... ,'... ,,'~~ I
.o"'.
S850'5J'_,,"C
3000'
, ~"::'O ;J1J""-;"-;'-
I ",s:'
p{o..r 't' 0 ..
'0" . I .- ,:
.., . ~/"
L--.-. -..:J
:'c;
.~
'"1.aJ to-
ll._Z-~
<t
.,.'" ..J 'l':"
'N ~ -:"8': \
=." m Z 0 ...,,,
;,~ ~e ~ .'
>II Q: .....11: ~
:::>' ""
:z:
LYNNHAVEN
.' ~
,~
~. ,
?o'~ 0 OJ1
<fY-:'--.' .> "
o &40 Ac.
1-' (] 6,;.
.....c;,-.ti1::..
. '"
. ...
" ~y.
',\ 77.42' _--.1
:. :.\" .....".
/1'B.7"
N 89f'. 36'- 30" [ I PIIJt I
/; 1'l9". 29' -4'" [ fFndd I
8
2.297 Ac.
S 890. 3S'. 30" W
160.83'
g ,~
"r~J
',.
",
20
,.
8B
0.591 Ac.
'~
"
. -~?
'..
o
'.~
RIVE R
,."....
!"~";DNEW FI/W liNE '196~'
..... I' .~..
1 .~ ,..
f.o;,,;;)o.. _
,.' 1."~:""~J"r
: . '" '~ol_14'. IIrGi,./fiii(;
I .Jo 4J' .., 'It-'
T"" ",Opt.', "/y..,, roerroll ~PC'O,. III lOll ,""OC'"
ltH,. A4 01 ""(10." 0.-.
,,.. (lC'poo-l....."f 01 H U 0 , f 1000 ."....0...... Aor. ~Of'
10, '''I' "" 01 V"9'ftIO 8'0'''. \I"O""o,ICO",""''''I, Fwnel
")~Jl C, f'o~' No'~ ,
VIRGINIA BEACH BOULEVARD
I VAFlIAflLl WIDTN J
PHYSICAL SURVEY
OF
LOT 20, Subdivision of HUTTON TERRACE being Sile A Resubdivision
of Site No. I OCONEE PARK 'M.& "', ,.20 I and Sile 8 -I- 8B os shown
on Revised Pial Showing Right .ot - Way Dedicated to the City of
Virginia Beach. Virginia I M Ii /15. p.H )
FOR
DAVID THROCKMORTON and FLORINE HORAY
L YNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
Scn'C: 1"'50' January /3, 1989
BASGIER AND ASSOcIATES
^ PROfESSIONAL CORPORA nON
OONSUL 11NG ENGINU.K5'SURVEY(}fts. PlANNERS
WtGNA IEAOt II<<:WPOlIT NUl'S. \/IRGINlA
J.O. B9003
I 7 - 93
I
/; .".
_;_~ ~f
.,.".'
.., .
~ i .~ .~
--./.". "lJ1
'\, v 0
0"" ';;; ~
~..,
i
1
;7
Ii
!(
~-J
0J'~'
"
.,,, ....
~
Q
<:{
o
ll::
,.,
.-
.~ ~
~ -;
~ ~
o
o
z
""r~
o 8269 Sqi-I I ~ /90 "'es
PI-(()F-,'1":E(. ';1"tEfT::L~:$1'6 tl4[A
P. S. 649
.44;.1
State of Virginia
City of Norfclk
to.wit,
AFFIDA VIT
Sharon White
rhis day .._..____.______.___.___._____________._ personally
appeored before me and after being duly sworn mode oath that:
(]) tHe) (She) is affidavit derk of .______._Vir~in~a~=.~..~_~ot/Ledger-S.-~~~---.--
a newspaper published by landmark Communications. Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and VirginiCl Beach, State of Virginia;
'2) rhat the advertisement hereto annexed of
._..u_._.__._._....____~t:...r~~.~_.gJ_Q_::;JggLHutt9n._T.e.rJ:.a.C.e___ has been published In said
newspaper _:I1~~': 7jOi~.w"i'l22dote:~_=--~=~jgV1'---wI7 .~~ ,___1_~9~_.
Affiant
In
26th
1999--
My commission expires
MY COMMISSION EXPIRES "pP.U ~~. 1':'91
19
_, .._..._~___.._..__._.___._ ___..._._..__.______"'_ _u_.______..
Notary Public
NOTICE
PLEASE TAKE NOTICE. that at
the meeting of the Cltv Council of
the Citv of Virginia Beach. Vir-
ginia. to be held on the 14th dav of
AVgust, 1990 at 6:00 p.m.. ,at.lhe
Citv Hall of the Citv of Vlrgonia
Beach. Princess Anne Station, the
undersigned will pe.tltlon the
Council for the appoontment of
viewers to view the below-de-
scribed portion of that certain
street and report to the City
Council whether in the opin!on of
the Viewers. what, if any, oncon-
venlence would result from the
vacating. closing and discontinu-
ance of some. the sold portion of
said street being described os
~=lng at a pin at the north-
ernmost point of Lot 20 on the
west side Old Hulton Lone, .
thence along 0 curve to the left
with a radius of 340.00 feet on arc
distance of 82.28 feet to a pin;
thence. along 0 curve to the right
with 0 radius of 280.00 feet an dis-
tance of 87,21 feet to 0 pin; then~e
S Oil" 38' 00" W 102.56 feet to 0 pon
in the northern bOundary of the
right-of-way of VirginIa. Beach
Boulevard; thence turning and
running S 7'1' 14' 45' E. 30,~ fe~t
along the right-of-way of Virginia
Beach Boulevard to 0 pin; thence
turning and running N Oil" 38' 00"
E. 107,67 feet to a pin; th~nce,
along 0 curve to the left With 0
total radius of 310,00 feet <!n arc
distance of 43,88 feet to a pm and
on arc distance of 52.67 feet to 0
pin; thence, along 0 curve to the'
right with 0 radius of 340,00 feet
an arc distance of 75.02 feet t'? a
point; thence turning and running
N 85' 53' 33" W 30.00 feet to the
point of beginning.
All the abOve. as shown upon that
certain physical survev mode bv
Basgier and Associates dated
January 13, 1989. entitled "LOT
20, Subdivision of HUTTON. TER-
RACE being Site A Resubdlvislon
of Site No. 1 OCONEE PARK
(M.B. 119. p. 25) and Site 8 + 8B
as shown on Revised Plat Show-
ing Right-of-Way Dedicate<! to.t~e
City of Virginia Beach. Virginia
(M.B. 115, p. 34)".
At that time, anyone affecte.d
may appear and present hiS
~~~'the report of the Viewers Is
received. at the next regular
meeting of the City Council. or os
soan thereoller as the matter
may be placed on the agenda. the
undersigned will Petition the City
Council to vocate. close and dis-
continue that portion of Hull<!n
Lane In the Cltv of Virginia
Beach, Virginia. described abOve.
DAVID THROCKMORTON
FLORINE HORAV
Bv: E. Leslie Cox. Of Counsel
E. Leslie Cox. Esquire
Cox and Cox
611 Lynnhoven Parkwov.
Suite 100
Vlrvlnla Beach. V~la 23451
/~J
I I
I I
. I
I
, ---..----
<.1
[~..J
- , ,
;::-:-:---1 ,.'
r] r/,}J ,: I
c' \~ " I'
..LJ .~' I
) L:-T~\! ,iI'/
___ ' -. ':' " L--.J
-""r-', -. - I
7' '/' . - -."
....' j" 'I
I I
'-=.,/ I
.,~...:.~ I
\ \ \; '1' I
III ,
c=~_: ,If
): i"
/ I /'
:-~1i~N ..
1/m
/
"
I,
I,
1 If
I ,
/
/ I:
"
, I .J
"
/;
"
"
"
II
II
"
"
II
./f
I:lf
II .
/, ~:'
-'.- f I,
, . .{'j r J
II I
,II 1
I, I
I,
1
\,\'\\ .\
\ ,\
\':
\
\ \ '
'\\, .'.:
\ \
r
r (~ I: ",
N
..' ." ..,.., (\J ~
. m' - ..~. J---'-"
,= m ,-.,- \'-1
:J._ ,.-' -p.-, " c~::::~"'"
. . 0:'
o
]
.
,
,
e-:-. ..- -::'
('
, ,
, ',1','.
I. . I
.. . ..'
'1
o
\. \
\
\ /'.
/' ~--
/-....... ~
.\ :.> I \
.f- ('H
i" ""
I" ': ., . .'
, ~, . - .
-
EI.sr... t .
H
.~
:,', '.' ...
,',1
(.1
",
. f
',: ,t"
: '
\
" I
\ I
1 ,
.' I
~
~
".
~ \.
, '),
l /,1
I
I
~
..--'"
."-
'''',
M
"1" .
, ~.-..... """'~t
. ~6'_~;~~:.::.~
~3.-~~.'\ >. .~ :].
'" \
~
m
,
: ~ .
CD
t
>_!., <t
,. I ~ f ':-" ---= ~_'
R:
~::<1'~'-:"-' ''':-J\
. ~
".
\
"
. \
7-.......
I"~ ".., .
,..,....,,/ ...............
( -' /11) ",WiiTERB$EWIIGC";;
\ 7('7""""-:",-, ..
\ \ - , I' /,.,." I. .
:~, I,.! /1,
.--
i
,
.
--
DAVID THROCKMORTON & FLORINE HORAY
Closure of Hutton Lane
Lynnhaven Borough
- 41 -
Item V-L.a/b/c
APPOINTMENTS
ITEM # 33299
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY SERVICES BOARD
DEVELOPMENT AlITHORITY
PARKS AND RECREATION COMMISSION
- 42 -
Item V-L.d.
APPOINTMENTS
ITEM # 33300
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
PUBLIC LIBRARY BOARD
Mrs. Betty Lu Bridges
Mrs. Dorothy M. Wells
Mr. Guy K. Tower
Three Year Terms: 9/1/90 - 8/31/93
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 43 -
Item V-L.e.
APPOINTMENTS
ITEM # 33301
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
WETLANDS BOARD
Nancy L. Lowe
Five Year Term: 10/1/90 - 9/30/95
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item V-M.l.
UNFINISHED BUSINESS
ITEM # 33302
BY CONSENSUS, in INFORMAL SESSION, CITY COUNCIL WITHDREW FROM THE AGENDA:
RECONSIDERATION of City Council's action on August
Seventh to reschedule December Fourth Session to
Thursday, December 6, 1990. (Requested by Vice
Mayor Robert E. Fentress.)
The RESCHEDULED SESSION of Thursday, December 6,
1990, shall remain and not be RECONSIDERED.
A11rr11C'r 1/. loon
- 45 -
Item V-N.1.
NEW BUSINESS
ITEM # 33303
ADD-ON
A MOTION was made by Councilman Sessoms, seconded by Vice Mayor Fentress to
ADOPT a Resolution extending the deadline of the report from the Central
Business District Commission to March 1, 1991.
A SUBSTITUTE MOTION was made by Councilman Louis Jones, seconded by Councilman
Heischober to DENY a Resolution extending the deadline of the report from the
Central Business District Commission to March 1, 1991.
Voting:
4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Harold Heischober, Louis R.
Jones and Reba S. McClanan
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
None
- 46 -
Item V-N.1.
NEW BUSINESS
ITEM # 33303 (Continued)
ADD-ON
Upon motion made by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution extending the deadline of the report
from the Central Business District Commission to
March 1, 1991.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Harold Heischober, Louis R.
Jones and Reba S. McClanan
Council Members Absent:
None
A__ "_..L,J
1
RESOLUTION
'"l
L.
3
4 WHEREAS, on November 20, 1989, the City Council created
5 a commission known as the virginia Beach Central Business District
6 Commission (the Commission); and
7 WHEREAS, the Commission was requested to present a Master
8 Plan for the Central Business District to City Council on or before
9 December 31, 1990, and;
10 WHEREAS, due to various unavoidable delays the plan will
11 not be ready until the Spring of 1991; and
12 WHEREAS, it is the desire of the City Council to extend
13 the project completion and reporting date until March 1, 1991;
14 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That the Commission is requested to present the Master
17 Plan on or before March 1, 1991.
18 Adopted by the Council of the City of Virginia Beach,
19 virginia, on this 14th day of August, 1990.
20 CA-3897
21 noncode\vbcbdc.res
22 R-1
- 47 -
Item V-O.l.
ADJOURNMENT
ITEM # 33304
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 3:47 P.M.
~~ cJ/~~
Bever O. Hooks
Chief Deputy City Clerk
~'"67~~
th Hodges Smith, CMC
City Clerk
City of Virginia Beach
Virginia
~