HomeMy WebLinkAboutAUGUST 7, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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August 7, 1990
ITEM 1. COUNCIL CONFERENCE SESSION Conference Room 10:00 AM
A. WETLANDS BOARD
Nancy L. Lowe, Chairman
B. MAYOR'S COMMITTEE ON THE DISABLED
Beth Kearney, Chairman
C. PARKS AND RECREATION COMMISSION
G. Garland Payne, Chairman
ITEM 11. CITY MANAGER'S BRIEFINGS Conference ROOM - 10:45 AM
A. WATER AND SEWER RATE INCREASE
Clarence 0. Warnstaff, Director, Public Utilities
B. CHESAPEAKE BAY PRESERVATION ACT
Henry Clayton Bernick, 111, Director, Environmental Managernent
ITEM 111. CITY COUNCIL CONCERNS - conference Rooln - 11:45 AM
ITEM IV. L U N C H - Conference Room - 12:15 PM
ITEM V. INFORMAL SESSION - Conference Room - 12:30 PM
A., CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM Vi. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Bishop Johnny D. Christensen
Church of Jesus Christ of Latter Day Saints
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 AND FORMAL SESSIONS - July 9, 1990
G. PRESENTATIONS
1. BOND REFERENDUM COMMITTEE REPORT
William A. Schlimgen, Chairman
2. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wilson, Co-Chair
Andrew S. Fine, Co-Chair
3. HOV LANES
Frank Dunn, Transportation Planner
Virginia Department of Transportation
H. RESOLUTIONS/ORDINANCES
1. Ordinance relating to the salary of the City Attorney; and,
authorizing the TRANSFER of the necessary funds. (Sponsored by
Vice Mayor Robert E. Fentress)
2. Ordinance to TRANSFER $65,000 from Resort Area Sand Project to
Sandbridge Sand Project re updating plats and titles for the
dedication easement agreements for Sandbridge Beach. (Sponsored by
Council Lady Reba S. McClanan and Councilman Paul J. Lanteigne)
3. Resolution stating the City's wil lingness to be the local sponsor
for a cost-shared federal beach nourishment or hurricane protection
project in Sandbridge; and, to continue negotiations to establish a
public beach along the entire project area. (Sponsored by Council
Lady Reba S. McCianan and Councilman Paul J. Lanteigne)
4. Resolution providing for the distribution of Information concerning
the City of Virginia Beach, Virginia, in a Preliminary Offering
Stateinent to prospective purchases of the Series 1990 Certificates
of Participation for financing a Judicial Center at the Municipal
Center Complex.
5. Resolution endorsing the construction of the Southeastern
Expressway; and, requesting the Virg-inia Department of
and the Commonwealth Transportation Board proceed
Transportation Sponsored
with its planning, funding and ultimate construction.
by Councilman W. D. Sessoms)
6. CENTERVILLE TURNPIKE PHASE IA (CIP 2-810)
Authorization to proceed with final design.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
ons motion In the form listed. if an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 2-226 of the Code of the
City of Virginia Beach, Virginia, re City depositories generally.
2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, to c-ply with revisions to the State Code adopted
by the 1990 General Assembly by ADDING Section 6-120.1 re personal
watercraft; flotation device required; hours of operation.
3. ordinances to AMEND and REORDAIN Sections of the City Code of the
City of Virginia Beach, Virginia, to cornply with revisions to the
State Code adopted by the 1990 General Assembly: (Sponsored by
Councilman Paul J. Lanteigne)
a. Section 23-14 re disorderly conduct In public places.
b. Section 23-22 re public Intoxication; transportation of public
inebriates to detoxification center.
c. Section 38-5 re pointing or brandishing firearm or object
similar In appearance.
4. Ordinances, upon FIRST 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; and,
TRANSFER $12,446 from General Fund Reserves to FY 1990-1991
Operating Budget as required matching funds.
c. To ACCEPT and APPROPRIATE $24,389 Grant from the Commonwealth
of Virginia Department of Criminal Justice re Vlctim Witness
Program; and, provide one full-time temporary grant position
for a Victim Witness Assistant.
d. To ACCEFT and APPROPRIATE $23,283 frotn 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 f rorn the Marine Science Museum
Enterprise Fund's Retalned 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 ernployment of one part-time
eligibility worker to be stationed at Virginia Beach General
Hospital.
5. ordinance to TRANSFER $81,000 from within the Risk Management
Fund; and, to authorize the City Manager to
Internal Service orkers' c-pensation claims
execute an agreement for Independent W
adjustment services.
6. Ordinance to authorize a temporary encroachment Into a portion of
the right-of-way of a 25-foot strip around Lake Joyce and the
waters of Lake JOYce to Clayton L. and Virginia P. Krejcl re
installation of a proposed bulkhead and an existing pier to remain.
7. LOW BID:
UTILITY BUILDERS, INC. Seatack Street $1,049,037.30
improvements Phase IIA
(cip 2-980)
B. ordinance authorizing tax refunds In the amount of $31 165.36.
J. APPOINTMENTS
COMMUNITY SERVICES BOARD - Resignation
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
BOARD OF ZONING APPEALS - Confirmation
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. VIRGINIA MUNICIPAL LEAGUE
Certification of Voting Delegates for 1990 Annual Conference
2. CANCEL/RESCHEDULE CITY COUNCIL SESSIONS
a. Tuesday, September 4, 1990
(Labor Day Holiday)
b. Tuesday, September 11, 1990
(Virginia Municipal League)
c. Tuesday, December 4, 1990
(National League of Cities Conference)
M. ADJOURNMENT
8/2/90 lbs
m I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgitila Beacii, Virglnla
August 7, 1990
to order
The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called
by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on
Tuesday, August 7, 1990, at 10:00 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, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
William D. Sessoms, Jr. (ENTERED: 10:30 A.M.)
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C I T Y C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
WETLANDS BOARD
10:00 A.M.
ITEM # 33199
Nancy L. Lowe, Chairman - Wetlands Board, advised the Virginia Beach City
Council enacted an Ordinance in 1972 creating the Wetlands Board to be
responsible tor protecting wetlands and dunes in accordance with Title 62 of
the State Code. In localities where an Ordinance does not exist, Virginia
Marine Resources Commission assumes this responsibility.
The Wetlands Board oversees 13,909 acres of Wetlands, 378 miles of Fringed
Marsh and 23.6 miles of Bay Marsh. The Wetlands Board is part of the joint
permitting process along with the Federal and State Government. Within 60 days
of receipt ot an acceptable application, by law, this application must be
heard. A decision must be rendered within 30 days of said Hearing. A Public
Notice must be publ ished at lea5t once a week for two weeks prior to the
Wetlands Board Hearing. The waterfront operations office of the City Engineer
is the Wetlands Board administrative staff. This office accepts applications,
arranges and publishes Public Notices, compiles the agenda, arranges meetings,
inspects projects, sets bonds and provides for enforcement. Last year there
were 2,247 man hours spent In inspections with a total of 18 violations. The
Wetlands Board consists of seven members serving terms of five years. The
Wetlands Board spent 866 hours last year visiting sites and attending meetings.
The first Monday of the month, an administrative brieting by City Staff Is
held. The third Monday of the month, the Wetlands Board conducts their Hearing.
Application permits are heard Involving wetlands and dune disturbing activity.
Guidelines are provided by the Virginia Marine Resources Commission, with
comments and recommendations from City Planning, soil scientists in Agriculture
and the Virginia Institute of Marine Science. Public Comment Is heard and then
the public and private benefit is weighed versus the public and private
detriment. A permit, as well as a modified permit, can be granted. The law
requires four (4) affirmative votes for a permit to be approved. The Board
requires a bond on permits issued and appeals may be made to the Virginia
Marine Resources Commission within 10 days of the Hearing. Excellent assistance
has been provided by the office of the City Attorney. There were five hundred
sixty-one (561) determinations citing a permit was not necessary as wetlands
were not involved. During one year's time, one hundred fifty-eight (158) cases
were scheduled for Public Hearing. Seventy-seven (77) applications were
approved, as proposed, with twenty-two (22) deferred, nine (9) denied, five (5)
withdrawn and forty-five (45) applications modified during the Hearing. One
hundred twenty-one (121) permits were Issued with two (2) decisions appealed to
the Virginia Marine Resources Commission. Twenty-five (25) applications are on
the Wetlands Board Agenda for the month of August.
3
C I T Y C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
MAYORIS COMMITTEE ON THE DISABLED
10:08 A.M.
ITEM # 33200
Beth Kearney, Chairman - t4AYORIS COWITTEE ON THE DISABLED, and Mark Snyder,
former Chairman, presented information relative the MAYOR'S COMMITTEE ON THE
DISABLED. This Committee is composed of twenty (20) members, ten of whom are
disabled and the other ten are service providers.
The MAYORS COMMITTEE ON THE DISABLED has joined with the Pol Ice Department in
developing a PEST TEAM (Parking Enforcement Specialist Team). This team
consists of twenty (20) volunteers trained and sworn In by the Police
Department to give tickets to vlolators of handicapped parking spaces. This
team has contributed during the past two years over 6,250 hours with 7,000
tickets given to individuals illegally parked in handicapped parking spaces.
Over 5,000 warnings have been given with $180,000 In fines collected. The
MAYOR'S COMMITTEE ON THE DISABLED has been Instrumental during the past year In
starting a computer bulletin board for disabled Individuals. Handlcapped
Individuals can call and chat by cornputer with Individuals having similar
disabilities and problems. An equal access program has been initiated. A
sticker placed on the Inside of the merchant's front window Indicated their
business Is easily accessible to the handicapped. The MAYOR'S COMMITTEE ON THE
DISABLED has demonstrated their concern for the City's youth by requesting the
Mayor's assistance In obtaining a Moped helmet law. Many individuals become
disabled as a result of not wearing helmets. As per assistance of Councilwoman
Parker, the Income tax limits for the elderly and disabled have been raised in
Virginia Beach. The City Highway Department is assisting with the placement of
Handicapped ramps. The Committee has been working with Tidewater Regional
Transit to help them to understand approximately 40 lift-equipped buses does
not totally meet the needs of all the disabled in Virginia Beach. In
collaborating with NORFOLK'S COMMITTEE ON THE DISABLED, a fully universal home
for the handicapped has been designed, without a great degree of expense, for
the next HOMEARAMA.
Chairman Beth Kearney advised for the next year the Committee's goals and
agenda would entall a disabled individual becoming a Member of all the Fests
Committees (Habortest, Neptune Fest, Laborfest), an increase In handicapped
parking, and an Increase In employability within the City.
The MAYOR'S COMMITTEE ON THE DISABLED meets the first Thursday of each month in
the Central Library at 1:00 P.M.
4
C I T Y C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
PARKS AND RECREATION COMMISSION
10-25 A.M.
ITEM # 33201
G. Garland Payne, Chairman - PARKS AND RECREATION COMMISSION, advised the
Commission was restructured on August 1, 1988, to be composed of eleven (11)
appointed members - citizens of the Seven (7) Boroughs plus Four (4) At Large
representatives. These citizens possess a genuine Interest in providing
recreational facilities for the benefit of the public and take an active part
in presenting a program for such facilities.
The Commission has recently become part of an areawide group that met for the
tirst time in May to organize an areawide corporation Committee consisting of
five cities: Chesapeake, Suffolk, Portsmouth, Norfolk and Virginia Beach. This
Committee will meet again In September to exchange Information and determine as
an area-wide group what can be achieved to assist In supporting Parks and
Recreation programs In their respective areas, as well as on the State level
through legislative support.
On August 22, 1990, the Commission will meet for a Luncheon Meeting at the new
Great Neck Recreation Center with a tour of the Center and the Great Neck Park
adjoining the Center.
Chairman Payne advised he also continues to serve on the Council Committee tor
Bond Referendum Review, which meets quarterly and reports to City Council.
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C I T Y M A N A G E R I S B R I E F I N G
WATER AND SEWER RATE INCREASE
10:30 A.M.
ITEM # 33202
Cl arence 0. Warnstaff, Dl rector of Pub l Ic Uti I it l es, in troduced Joe MartIn of
the Uti I It l es Department and Messrs. Bon Mu l and Wl II i am H. Rlchard son of
Alvod ', Burdick and Howson, Engineers, who have assisted the City in developing
a financial plan for water and sewer rates. Information regarding these
recommendations, based upon a Cost of Service Study conducted by the City's
rate consultant, was provided to City Council on July Fifth.
In 1987, an analysis of the Water and Sanitary Sewer was presented to City
Council. A five-year projection of revenues and expenditures was provided.
Recognizing the Water and Sewer utilities operate as an Enterprise Fund,
property tax revenues are not used as a means to subsidize the City's
utilities. In this particuiar case, the City Is concerned with both
expenditures and revenues. In 1987, the Consultant was directed to consider the
Impact of the Lake Gaston project on the utility and revenues which would be
generated from the Water Resource Recovery Fee implemented in January 1986. The
recommendations of the report In 1987 and the conclusions were no Immediate
Increase was needed In water or sewer rates as It related to the utility, but
Increases were recommended in various miscellaneous fees and charges
accornpanied by certain decreases In the minimum service availability charge.
However, one of the most significant recommendations In said report was the
Lake Gaston impact be recognized with a program of increasing water rates over
four years to assure significant rates be in place to pay for the construction
costs of the Lake Gaston Project. The 1987 Study forecasted a need to increase
water and sewer rates in the future. Unfortunately, three years later the
future has arrived.
The Consultant examined three rate Increase options. Mr. Warnstaff and the
Consultant recommended Rate Option Ill, which appeared to be the most viable in
terms of matching rate increases with cash flow requirements. Option Ill
provides for the most appropriate way to increase rates: rates are only
Increased to ensure sufficient revenues are received to cover cash
expenditures. Mr. Warnstaff depicted the recommended water and sewer rates by a
series of charts:
RECOMMENDED WATER RATE INCREASES
*Current Water Rate $ 2.69
*Proposed Water Rates
October 1, 1990 $ 2.77
July 1, 1991 $ 2.91
July 1, 1992 $ 3.01
In 1987, Public Utilities recommended Water Minimum Service Availability Charge
be decreased to $3.35 based upon the Cost Analysis. Therefore, the rate
recommended to be in place for the next several years is less than the rate In
effect prior to 1987.
IMPACT OF RECOMMENDED WATER RATE INCREASE
FY 91 Average Residential Monthly "Water" Bill
Consumption equals 6000 gallons
*Current $19.49**
*Recommended--Effective
October 1, 1990 $20.02**
*Increase $ .53
(2.7%)
**Does not include City's Utility Tax
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C I T Y M A N A G E R I S B R I E F I N G
WATER AND SEWER RATE INCREASE
ITEM # 33202 (Continued)
IMPACT OF RECOMMENDED WATER RATE INCREASE
FY 92 Average Residential Monthly "Water" Bill
Consumption equals 6000 gallons
*October 1990 thru June 1991 $20.02**
*Recommended--Effective
July 1, 1991 $20.86**
*Increase $ .84
(4.2%)
**Does not Include City's Utility Tax
IMPACT OF RECOMMENDED WATER RATE INCREASE
FY 91 Average Residential Monthly "Water" Bill
Consumption equals 6000 gallons
*July 1991 thru June 1992 $20.86**
Recommended--Effective
July 1, 1992 $21.46**
*Increase $ .60
(2.9%)
**Does not Include City's Utility Tax
RECOMMENDED SANITARY SEWER
Rate Increase for FY 1991
Residential
*Current Charge Fer Month $ 9.46
*Recommended
October 1, 1990 $ 9.65
*Increase $ .19
(2.0%)
RECOMMENDED SANITARY SEWER
Rate Increase for FY 1992
Residential
*October 1990 thru June 1991 $ 9.65
*Recommended
July 1, 1991 $10.58
*Increase $ .93
(9.6%)
RECOMMENDED SANITARY SEWER
Rate Increase for FY 1993
Residential
J@uly 1991 through June 1992 $10.58
*Recommended
July 1, 1992 $11.38
*Increase $ .80
(7.6%)
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C I T Y M A N A G E R I S B R I E F I N G
WATER AND SEWER RATE INCREASE
ITEM # 33202 (Continued)
Mr. Warnstaff Itemized the recornmended Sanitary Sewer Rate Increase
(Commercial).
IMPACT OF WATER AND SANITARY SEWER RATE INCREASE
Average Residential Monthly Bill for FY 1991
*July 1, 1990 Water: $19.49
Sanitary Sewer $ 9.46
Total $28.95
*Recommended
October 1, 1990 Water: $20.92
Sanitary Sewer $ 9.65
Total $29.67
*Increase $ .72
(2.5%)
**Does not include City's Utility Tax
IMPACT OF WATER AND SANITARY SEWER RATE INCREASE
Average Residential Monthly Bill for FY 1992
*October 1, 1990 Water: $20.02
Sanitary Sewer $ 9.65
Total $29.67
*Recommended
July 1, 1991 Water: $20.86
Sanitary Sewer $10.58
Total $31.44
*Increase $ 1.77
(6.0%)
**Does not Include City's Utility Tax
IMPACT OF WATER AND SANITARY SEWER RATE INCREASE
Average Residential Monthly Bill for FY 1993
*July 1, 1991 Water: $20.86
Sanitary Sewer $10.58
Total $31.44
*Recommended
July 1, 1992 Water: $21.46
Sanitary Sewer $11.38
Total $32.84
*Increase $ 1.40
(4.5%)
**Does not Include City's Utility Tax
COST OF SERVICE STUDY FINDINGS
1. Forecast rate adjustments FY'91, FY'92, FY'93
2. Revenue growth slow
3. Debt Service Increasing -- significant
4. Issue Bonds for CIP
5. Last general rate increase in 1983.
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C I T Y M A N A G E R I S B R I E F I N G
WATER AND SEWER RATE INCREASE
ITEM # 33202 (Continued)
There have been, of course, Increased water rates since 1983. As there had to
be a financing plan for Lake Gaston, water connection charges were Increased in
January 1986 and four water rate Increases were recommended in 1987 for Lake
Gaston. This was necessary to pay for the Lake Gaston Project. The City of
Norfolk had also increased their wholesale price of water to Virginia Beach and
the retail rates had to be Increased accordingly.
WATER AND SANITARY SEWER CIP INFLUENCES
1. Public Health Concerns
2. Environmental Concerns
3. Neighborhood Needs
4. Highway Program Coordination
5. System Needs
6. Funding
7. Water & Sewer Rate Increases
PUBLIC UTILITIES DEPARTMENT
CIP PROJECTS
Water Projects 71
Sanitary Sewer Projects 52
Total Number of Projects 123
Estimated Cost (Millions): $365.0
33% of City Program
Financing to Date: $288.3
Five Years 90-94 $ 76.7
ELEMENTS OF COST
Public Utilities Department
(FYI 91)
Debt Service $ 13.4
Pay-As-You-Go 2.0
Purchase of Water 13.0
General Fund 4.1
Operation and Maintenance 20.1
TOTAL $ 52.6
WITH ADOPTION OF THE RATE INCREASE
1. Continue CIP
2. Proceed with bond sales:
FY'89: $10.3-MILLION
FY'90: 8.9-MILLION
FY'91: 14.6-MILLION
FY'92 13.8-MILLION (one-half)
3. Maintain financial Integrity
4. Timely Improvements
5. Extend the public system
6. Highway program coordination
A Management Efficiency Study was not a part of the Consultants' Study.
In the spring of 1986, there were approximately 50 neighborhoods who petitioned
for water service. Mr. Warnstaff will provide City Council with a list of these
fifty neighborhood projects and their status
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C IT Y MANA GE R ' S B R I E F IN G
CHESAPEAKE BAY PRESERVATION ACT
11:40 A.M.
ITEM 33203
Henry Clayton Bernick, III, Director Environmental Management, advised the
CHESAPEAKE BAY PRESERVATION ACT was ADOPTED by the General Assembly and became
effective July 1, 1988.
Mr. Bernick advised the principles of the CHESAPEAKE BAY PRESERVATION ACT.
1. All counties, cities and towns in Tidewater Virginia must
incorporate general water quality protection measures into their
comprehensive plans, zoning ordinances and subdivision ordinances.
2. Local governments must establish and protect Chesapeake Bay
Preservation Areas in accordance with State Criteria.
3. The State will provide financial and technical assistance policy
guidance and oversight when requested to administer these
provisions.
4. All State Agencies will operate in conformity with local
comprehensive plans and ordinances once they are in compliance.
5. Local governments will plan for and implement these provisions
with State support and oversight.
6. State will develop compliance criteria and this act establishes
the Chesapeake Bay Local Assistance Board for that purpose. The
Chesapeake Bay Local Assistance Department is created to serve as
staff to the Board.
The Local Program must contain:
1. A zoning map designating Chesapeake Bay Preservation areas.
2. Performance criteria applying in Chesapeake Bay Preservation areas.
3. A Revised Comprehensive Plan showing Chesapeake Bay Preservation
areas.
4. A revised zoning ordinance embodying performance criteria.
5. A revised subdivision ordinance assuring compliance by all
subdivisions.
6. A revised erosion and sediment control ordinance requiring
compliance.
7. A revised building permit process.
By September 1990, the following elements must be accomplished: Maps of
Chesapeake Bay Preservation Areas and establishment of Performance Criteria
applying in the Chesapeake Bay Preservation Areas.
Mr. Bernick itemized the three components of the Chesapeake Bay Preservation
Areas:
Resource Protection Areas (RPAS)
Resource Management Areas (RMAS)
Intensely Developed Areas (IDAS)
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C I T Y M A N A G E R ' S B R I E F I N G
CRESAPFAKE BAY PRESERVATION ACT
ITEM # 33203 (Continued)
In June a package of information was forwarded to the Planning Commission
requesting their guidance regarding four major topics:
Geographic Extent
Option 1: Chesapeake Bay Watershed within Virginia Beach (minimum
State requirement.
Option 2: Chesapeake Bay watershed within Virginia Beach and Owl
Creek Watershed
Option 3: All watersheds within Virginia Beach
The Planning Commission recommended Option I
Resource Protection Areas (RPAS)
Option 1: Tidal Wetlands, nontidal wetlands connected by surface
flow and contiguoas to tidal wetlands or tributary streams, tidal
shores, and buffer area not less than 100 feet in width located
adjacent to and landward of other components and along both sides
of any tributary stream within Virginia Beach (minimum State
requirement).
Option 2: All components under option I and highly erodible soils
within or adjacent to floodplains (i.e, steep slopes)
Option 3: All components under option I and all areas seaward of
the top of bank, provided top of bank is located landward of the
buffer area (top of bank defined as line where slope changes from
greater than 8% to less than 8%, with lesser slope continuing
landward a minimum of 30 feet)
The Planning Commission recommended Option 3.
Resource Management Areas (RMAS)
Option 1: An area of 100 feet in width located adjacent to and
landward of any RPA, or the entirety of all parcels immediately
adjacent to and landward of any RPA, whichever is greater.
Option 2: Same as option 1, except width of area increased to 500
feet.
Option 3: The Balance of all lands remaining within the affected
watershed(s), as selected from options for geographic extent.
@nded Option I
Intensely Developed Areas (IDAS)
Option 1: Establish an area which overlays selected RPA and RMA
options in which (1) development has severely altered the natural
state of the property such that it has greater than 50% impervious
surface, (2) public sewer and water was constructed and currently
served the property as of October 1, 1989, or (3) housing density
for the property is greater than four dwelling units per acre.
Option 2: Do not exercise this option within Virginia Beach.
Option 3: Same as option 1, except that two of the three
conditions must be met.
Option 4: Same as option 1, except that all three of the
conditions must be met.
The Planning Commission recommended on 1.
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C I T Y M A N A G E R ' S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 33203 (Continued)
The Planning Commission recommendations were forwarded to Richmond, which
particularly had a problem with the proposed designation of Intensely Developed
Areas (IDAS) because it did not include the redevelopment criteria or the areas
where little of the natural environment remains. Additional workshops have been
held with the Planning Commission.
Mr. Bernick advised the three major goals of the State regulations:
Minimize Land Disturbance within the Chesapeake Bay
Preservation Areas
Use and Preserve Natural Vegetation.
Maintenance Agreements needed for any Best
Management Practices.
Areas greater than 2500 square feet of land disturbance must go through
development review process and meet local erosion and sediment control
ordinance (includes single-family homes, septic systems and drainfields).
With the exception of the Intensely Developed Areas, the buffer requirements
have generated the most discussion. There are two sets of buffer requirements
in the State regulations depending on when the lot was recorded. A 100-foot
buffer is required to be saved or established to reduce filter runoff and to
prevent soil erosion.
For lots recorded before October 1, 1989 -
reductions in the buffer can be made to 50 feet.
Use of the buffer could be possible for a primary
structure, but not additions or pools.
For lots recorded after October 1, 1989 - a buffer
can be reduced down to 50 feet, if BMPs are used to
reduce sediments and nutrients.
Mr. Bernick advised the Plan of Development components required for all areas
greater than 2,500 square feet of Land Disturbance:
Site Plan or Subdivision Plan (over 2,500 square
feet)
Environmental Features Survey/Landscape Plan
Stormwater Management Plan (for any development in
RPA or land disturbance over 10,000 square feet)
Erosion and Sediment Control Plan (over 2,500
square feet)
Water Quality Impact Assessment (only for RPA or
developments more than 5,000 square feet.)
Mr. Bernick cited Exemptions from the State regulations:
1. Rebuilding of any structure destroyed by natural disasters.
2. Construction, installation, operation and maintenance of electric,
gas and telephone transmission lines, railroads and public roads
provided Erosion and Sediment Control plans are approved and
implemented.
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C I T Y M A N A G E R I S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 33203 (Continued)
3. Construction, Installation and maintenance of water sewer and gas
lines with certain conditions.
4. Water wells, passive recreation facilities (boardwalks, trails and
pathways), and historic preservation and archaeological
activities.
5. Si Ivicultural activities are exempted from the requirements of
these regulations provided that such activities comply with water
qual ity protection procedures prescribed by the Department of
Forestry in its "Best Management Practices Handbook for Forestry
Operations".
Mayor Oberndorf referenced a DRAFT Chesapeake Bay Preservation Ordinance
prepared by the Home Bui Iders Association ot Virginia. Said Ordinance is hereby
made a part of the record.
Mr. Bernick advised the Horne Bui Iders version was reviewed and some of the
suggestions Incorporated within the City's proposed Ordinance.
PROPOSED LOCAL ADOPTION SCHEDULE
May 23, 1990 Public Information Meeting
June 12, 1990 Planning Commission Public Hearing - Options
July 9, 1990 City Council Information Meeting - Options
August 7, 1990 City Council Brieting
August 8, 1990 Planning Commission Public Hearing - Ordinances
August 21, 1990 City Council Public Hearing - Ordinances
September 11, 1990 City Council Briefing - Resource Needs
September 12, 1990 Planning Commission Public Hearing - Maps
September 18, 1990 City Council Public Hearing - Maps and Resource Needs
- 13 -
IT EMS OF T HE C T T Y MANA GE R
12:40 P.M.
ITEM # 33204
The City Manager referenced the Resolution providing for the distribution of
information concerning the City of Virginia Beach, Virginia, in a Preliminary
Offering Statement to prospective purchases of the Series 1990 Certificates of
Participation for financing a Judicial Center at the Municipal Center Complex
(See Item H.4 under Resolutions). The City Manager distributed a letter from
Harry Frazier, TII, Bond Counsel, advising several substantive issues that
arose at Monday's working group meeting suggest the City delay distribution of
a preliminary offering statement for the lease-purchase Certificates of
Participation to finance the City's Judicial Center. Said letter is hereby made
a part of the record. The City Manager requested this item be pulled from the
Agenda.
Item # 33205
The City Manager distributed a revised copy of the Ordinance, upon FIRST
READING, to appropriate $625,000 in Multi-Family Rehabilitation Loan and Energy
Grant Funds from the Virginia Department of Housing and Community Development.
See Item VI-T.4a. of the CONSENT AGENDA. The following verbiage in the fourth
paragraph after the words "such loans and..", was inserted:
"...that revenue from the Commonwealth be increased
in that amount; and..."
ITEM # 33206
The City Manager advised the City Staff will be carefully reviewing any impact
the State financial situation has upon the local government. The Staff has been
directed to prepare a Fleet Management Program should significant increases in
fuel costs be experienced.
- 14 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 33207
Mayor Oberndorf distributed the request of Mr. Rae H. LeSesne, President of the
Citizens Action Coalition, Inc., for a full copy of the weekly City Council
Agenda. Mayor Oberndorf enddrsed this request.
The City Clerk advised multiple requests have been received for the full
agenda. One of the agenda in June was 558 pages entailing a cost in printing
alone of approximately $30.00. In compliance with the City Clerk keeping the
press fully informed, she has always provided the news media a full agenda. The
City Clerk has provided the Council of Civic Organizations a full agenda in an
effort to keep the community well advised. A brief agenda is mailed every week
to the Presidents of the 165 Civic Leagues. A brief agenda is also mailed to
various organizations: TBA, Tidewater Board of Realtors, Chamber of Commerce,
etc. When any citizen or organization is interested in one or two particular
items on the agenda, upon request, the back-up for those particular items is
provided as information without cost before the City Council Session and at a
minimal copy charge of 25cts after the meeting as it then is a public record.
Mayor Oberndorf suggested Vice Mayor Fentress and Councilwoman McClanan serve
as a Committee with the assistance of the City Clerk to devise an appropriate
solution relative requests for the full agenda.
BY CONSENSUS, City Council directed the City Clerk to remain with the INFORMAL
POLICY established to provide a full agenda only to the Press and the CCO, not
individuals or organizations. Mr. LeSesne shall be provided a brief agenda and
he will be given back-up upon request of one or two items.
ITEM # 33208
Mayor Oberndorf referenced the Strategic Planning retreat of the City Council
held at the Pavilion last year. Mayor Oberndorf 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.
ITEM # 33209
The Mayor advised City Council that while they were in hiatus, Mr. William
Sayer wrote her concerning the Christopher Columbus Quincentenary Jubilee. He
wanted the Council to set up a Commission and fund it with the celebration. The
Mayor sent Council a copy of the letter that she felt Council could not make
that sort of commitment at this juncture, but would ask the Council to appoint
a Committee to work on an appropriate ceremony for the Christopher Columbus
Quincentenary. She encouraged them to go to the private sector to look for
funding for this type of entertainment. The Mayor wanted to let Council know if
the Council desires, they could put that on the list of Committees for the
Christopher Columbus Celebration.
The Mayor advised she had met yesterday with Dr. Stephen Mansfield and the many
people who are working on the Princess Anne County Tricentennial effort,
because next year is the 300th Anniversary of Princess Anne County. The Mayor
referenced the Christopher Columbus Quincentenary but could not find a
legitimate connection, so it was decided she would ask the Council for another
group to be appointed to allow them to work on the Celebration of the 300th
Anniversary of Princess Anne County. They could be made up of the Historical
Society, the DAR, the Historical Homes in the City and the like.
August 7, 1990
- 1 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33210
The City Manager advlsed Counci iman Brazier, regarding LABORFEST, appropriate
staff members wil I be present with the City Manager to assure communication by
fax and telephone to Members of City Counci 1. The City Manager wi I I be pleased
to respond to Individual requests in regard to communication with City Council.
A couple of Counci I Members have Indicated a wi I I ingness to participate In
appropriate activities, i.e, the Courtesy Patrol . The City Manager w] I I be
pleased to provide those opportunities to these Council Members.
ITEM # 33211
Councilwoman McClanan referenced the Ordinance to TRANSFER $65,000 from Resort
Area Sand Project to Sandbridge Sand Project re updating plats and titles for
the dedication easement agreements for Sandbridge Beach; and, Resolution
stating the City's wi I I ingness to be the local sponsor for a cost-shared
federal beach nourishment or hurricane protection project In Sandbridge; and,
to continue negotiations to establish a public beach along the entire project
area. (See Item H.2 and 3 of RESOLUTIONS/ORDINANCES.) Councilwoman McClanan
requested the Ordinance be revised to state the City Staff will work with the
affected property owners. Council Members McClanan and Lanteigne believed the
title search should be performed by City Statf.
The City Manager distributed revisions to these items.
ITEM # 33212
Councilman Heischober Inquired relative appropriations made by the General
Assembly for implemention of the Chesapeake Bay Preservation Act. Robert
Matthias, Intergovernmental Relations Coordinator, advised there was a small
amount of funds available to the State for implementation. There is almost
nothing available for localities. The City has attempted to obtain grant funds.
ITEM # 33213
Councilman Clyburn, in response to citlzens concerns In Kempsville relative
Tallwood High School, arranged a Public Hearing at Tallwood Elementary School
on Monday, August 6, 1990. The citizens received a letter from the Corps of
Engineers concerning the wetlands Issue with regard to Tallwood High School.
The citizens requested a Meeting with the Corps of Engineers and appropriate
staff. The School site has not been purchased due to wetlands concerns. The
Corps of Engineers had Indicated approximately 27.5 acres of wetlands would be
covered with construction of the school, building roads, athletic fields, etc.
A three-acre forested wetlands would also be involved.
ITEM # 33214
Councilwoman Parker referenced the letter of May 29, 1990, from E. Dean Block,
Assistant City Manager for Budget and Evaluation, relative the School Budget
having a major Impact. A Budgetary Liaison might be established. Mayor
Oberndorf advised she and Chairman Stillman have met relative this particular
item.
ITEM # 33215
Councilwornan Parker referenced the VEBA Newsletter regarding City Health
Insurance increases. Councilman Heischober believed the projected Increase
during the Budget proce5S was not as great as the actuality.
- 16 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 33216
Councilwoman Parker referenced the 1200 acres the Development Authority was
considering purchasing. Vice Mayor Fentress advised the first deadline had
passed but believed it would be considered in August.
ITEM # 33217
Councilwoman Parker distributed correspondence relative access on the section
of Princess Anne Road from Windsor Oaks Boulevard to South Independence
Boulevard and damages to adjacent property owners. Assessed value of the
affected properties was provided by the City Assessor as per request of
Councilwoman Parker. Said letter and assessments are hereby made a part of the
record.
- 17 -
TTEM # 33218
The INFORMAL SFSSION of the VIRGINIA BEACH ciTY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the ConferenCe Room, City Hall Building, on
Tuesday, August 7, 1990, at 1:15 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
- 18 -
TTEM # 33219
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of appointment of specific
appointees pursuant to Section 2.1-344(A) (1). To-wit: Boards and
Comn,issions as listed in the Formal Agenda. (2) Salary Adjustment - CitY
Attorney.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: (1)
Dwight Cowell v. City of Virginia Beach, et al (2) Franciscus, Co., Inc. v
Board of Zoning Appeals (3) International Festival Associates (Festhaus) v.
Board of Zoning Appeals (4) Charles C. Rouse, Pro Se v. Aubrey Watts, City
Manager (5) Richard B. Morris, et al v. City of Virginia Beach, Virginia
Beach City Council, Virginia Mountain Housing, Inc., A Joseph Canada, Jr.,
et al (6) Sheryl L. Johnson v. City of Virginia Beach, et al.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, 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
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
- 19 -
F OR MA L S E S S ION
VIRGTNIA BEACH CITY COUNCIL
August 7, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
August 7, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Bishop Johnny D. Christensen
Church of Jesus Christ of Latter Day Saints
PLEDGE OF AUEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 20 -
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33220
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CERTIFIED THE EXECLJTIVE SESSION TD BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
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 # 33219,
Page No. 18, 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.
uth Hdge. S..th, CMCIAAE
City Clerk August 7, 1990
- 21 -
Item VI-F.I.
MINUTES ITEM # 33221
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 9,
1990.
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
- 22 -
Item VI-G.l.
PRESENTATIONS
BOND REFERENDUM
COMMITTEE REPORT ITEM # 33222
William A. Schlimgen, Chairman - Bond Referendum Committee, roported on
expenditures and obligations incurred by the City through June 30, 1990, on
highway and school projects approved in the 1986 Referendum, community center
projects approved in the 1987 referendum, and school projects approved in the
1989 referendum. As in previous quarterly reports, the report does not include
Lake Gaston since expenditures as of June 30, 1990, on that project have been
paid from funds approved prior to the 1988 Referendum. However, major
construction on that project is in the offing, and it is anticipated there will
be activity to report for the next quarter.
An underlying theme for this quarter's report is the development of wetlands
issues. Several of the projects have been or will be delayed due to wetlands
mitigation. With reference to the 1986 School Referendum, construction is
virtually complete on Ocean Lakes, Red Mill Farm and Tallwood Elementaries and
approximately 90% complete on Glenwood Elementary. As previously noted, the
sites for Landstown (formerly Green Run) Elementary and Middle School and
Strawbridge (formerly London Bridge) Elementary School have been acquired.
Funds totaling $28,052,017 or 86.8% of the $32,310,000 authorized, have been
expended.
Relative the 1989 School Referendum, work is well underway on the thirteen
elementary school gymnasium additions and negotiations have begun for
acquisition of the four school sites. Work has just begun on the Bayside and
Kellam High School modernizations and is about to begin on Strawbridge
Elementary School. However, design and construction timeframes on the Tallwood
High and Landstown Elementary and Middle School projects will require revision
pending the resolution of wetlands issues. Of $68,375,00 authorized,
$16,009,999, or 23.4%, has been contracted.
Concerning the 1987 Recreation Center Referendum, the Great Neck facility was
opened to the public June 30, 1990. The Row Creek and Bayside projects are 75%
and 20% complete, respectively. However, the Southeast Community Center project
has been delayed pending resolution of wetlands issues. Through June 30, 1990,
$21,531,422, or 65.5%, of the $32,850,000 total has been contracted.
Relative the 1986 Highway Referendum, the Ferrell Parkway, Independence
Boulevard and two Lynnhaven Parkway projects are complete. Construction on the
Northampton Boulevard, General Booth Boulevard and Indian River Road projects
is 39%, 20% and 20% complete, respectively Of $40,000,000 authorized, 75.7% or
$30,295,078, has been contracted.
- 23 -
Item VI-G.I.a.
ANNOUNCEMENT ITEM # 33223
ADD-ON
Mayor Oberndorf requested a Moment of Silence in memory of former Councilman
Kenneth N. Whitehurst, Sr., who represented the Pungo Borough from January 1,
1963 to September 1970.
Councilman Whitehurst served the City Council during the days of transition,
the merger of Princess Anne County and the Town of Virginia Beach.
- 24 -
Item VI-G.2.
PRESENTATIONS ITEM # 33224
LABOR DAY COMMUNITY
COORDINATION COMMITTEE
Reverend James Vaughan, President, Tidewater Television Advisory Council, Inc.,
(P.O. Box 1892, Norfolk, Virginia 23501), advised of their Regional support of
LABORFEST. The Tidewater Television Advisory Council, Inc., Is in Its tenth
anniversary of the OPERATION GOODWILL CAMPAIGN. This year's campaign has taken
on particular significance because of the emerging regional concept and because
of the desire of City officials, elected officials and civic leaders to urge an
atmosphere of peace and goodwill through Hampton Roads. All citizens are urged
to carry themselves in an atmosphere of peace and goodwill. Reverend Vaughan
offered the assistance of the media campaign.
Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY
COORDINATION COMMITTEE, referenced the PRESS CONFERENCE held at Norfolk State
University at 11:00 A.M., on August 7, 1990. There were approximately fifteen
to eighteen members of the media present. Four of the top representatives of
the Atlanta Coca-Cola Office were present to announce the entertainment, which
they shall sponsor. There will be eight nationally known acts performing
Saturday and Sunday. Patrick Ewing, Center for the New York Nicks, shall be the
Grand Marshall for the Parade. Dr. Wilson's daughter, Miss Tidewater, will also
be in the Parade.
Mr. Fine requested an adjustment be made to the Traffic Plan B adopted by City
Council on July 2, 1990. As the size of the crowd is not known, flexibility
should be built into the plan. The three alternative plans were distributed to
City Council. Plan A basically closed Atlantic, Pacific and a portion of Arctic
form Laskin down to approximately Twelfth Street. This plan is the least
restrictive. Plan B Is the most restrictive and basically draws a ring around
the old Beach Borough starting at Laskin Road south all the way to Rudee. The
third plan, Plan C Is a modification to the two with check points closer to the
Beach. The LABOR DAY COMMUNITY COORDINATION COMMITTEE suggested the City Staff,
as professionals, be allowed to make adjustments and assessments throughout the
weekend as to which of the three plans will be utilized on an "as needed"
basis.
- 25 -
Item VI-G.3.
PRESENTATIONS ITEM # 33224 (Continued)
LABOR DAY COMMUNITY
COORDINATION COMMITTEE
The following spoke in OPPOSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Ronna L. Tracy, 1116 Eaglewood Drive, represented Redwing and spoke in
opposition specifically to the utilization of Redwing Park.
Charles C. Rouse, 2113 Spinning Wheel Court, Phone: 431-1741, represented
Redwing and spoke in opposition specifically to the utilization of Redwing
Park.
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council:
REAF'FIRMED TRAFFIC PLAN B for LABORFEST, adopted
July 2, 1990; and, authorized the administrative
Professional Staff flexibility to reduce the scope
of the Plan from B to whatever is appropriate in a
timely fashion.
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, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
Paul J. Lanteigne and Reba S. McClanan
Council Members Absent:
None
"Verbal Aye. Upon clarification of the motion, Councilman Clyburn changed his
vote from an ABSTENTION to a Verbal Aye.
The City Manager advised the necessary agreements have been received from the
Navy for the utilization of the Satellite Parking at Oceana. The City Manager
requested advice from City Council. The City Manager will provide information
to Councilman Lanteigne relative any costs associated with the satellite
parking.
- 26 -
Item VI-G.3.
PRESENTATIONS
HOV LANES ITEM 33225
Frank Dunn, Transportation Planner Virginia Department of Transportation,
advised the High Occupancy Vehicle (HOV) Lanes on 1-64, 1-264 and the
Virginia-Beach Norfolk Expressway - Route 44 have been Identified as a needed
Improvement since 1977 when the concept was included in the Virginia
Beach/Norfolk Public Transport Study. This Study recognized the City could not
continue to build enough freeway lanes to keep pace with the rapidly expanding
growth in traffic demand. This proposal came froward to move more people In
fewer vehicles In a regional HOV system. In 1980 the Federal Highway
administration approved for Interstate Financing HOV Lanes on 1-64 and 1-264,
but with the condition that HOV Lanes would be included also on the Virginia
Beach/Norfolk Expressway. To accomplish this commitment In September 1986, HOV
Ill concurrent flow lanes were opened on the Virginia Beach/Norfoik Expressway.
These lanes were operated until Aprll 1988 when the General Assembly rescinded
the lanes until the 1-64 HOV lanes were constructed and open to traffic. In
Summer 1992, the 1-64 HOV lanes which are currently under construction will be
open to traffic from the Elizabeth River Bridge to 1-564, therefore the HOV
Lanes will need to be re-established on the Virginia Beach/Norfolk Expressway.
This summer the operating speeds In the section from Newtown and Witchduck Road
have dropped to a speed of about 16 miles an hour which takes approximately 5-
1/2 minutes to travel 1-1/2 miles. This condition dictates that all four lanes
on Route 4 be maintained for conventional traffic. Mr. Dunn itemized the
Shoulder Conversion for re-establishing HOV Lanes necessary on Route 44:
LENGTH - 3.5 miles
Frorn: (EBL) 0.9 Miles East of Newtown Road
To: Main Line Toll Plaza
From: (WBL) 0.7 Miles East of Newton Road
To: 0.4 Mi. West of Rosemont Road.
Provide roadway lighting for entire length of proposal
Provide changeable message signing for shoulder utilization
Guardrail to be replaced with concrete barrier where applicable
Existing shoulder to be reconstructed to accommodate 12-foot travel
lane.
Existing 71 median shoulder to remain with a 31 right shoulder right
of traffic
Emergency Pull Out areas should be provided throughout the project
limits at maximum number of locations
Structures that will require widening to accommodate the proposed HOY
Lanes
Route 44 over Norfolk Southern Railroad
Route 44 over Witchduck Road
Route 44 over Independence Boulevard
Expand the 1-64 TMS SYSTEM to Include Route 44 between Route 64 and
the Main Toll Plaza
Drainage should be reviewed for possible modification
Existing signing should be reviewed for possible modification
Widen WBL exit ramp at Newtown Road to accommodate single right and
double left movements
Widen WBL exit ramp at Witchduck Road to accommodate single right
and double left movements
Widen EBL exit to ramp to 481 at Rosemont Road to accornmodate double
left and right turn movements: Modify traffic signals
Widen WBL exit ramp at Rosemont Road to accommodate double left turn
movement, single thru movement to Bonney Road and a single right
turn movement: modify traffic signals
All acceleration and deceleration lanes will be replaced with
adequate lengths
Planning construction estimate $15,000,000.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke In OPPOSITION to the
HOV Lanes.
- 27 -
Item VI-H.l.
RESOLUTIONS/ORDINANCES ITEM # 33226
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOFITED:
Ordinance relating to the salary of the Cii'y
Attorney; and, authorized the TRANSFER of $7,600
to fund the annual salary of $72,000.
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, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voti'n@' Nay:
None
Council Members Abstaining:
Paul J. Lanteigne
Council Members Absent:
None
Councilman Lanteigne ABSTAINED as he believed this Ordinance should have been
considered by the previous City Council as they had the full time to evaluate
the City Attorney's services as an administrator. Councilman Lanteigne, having
worked with the City Attorney In his capacity as a prosecutor, bel leved him to
be one of the finest in the City and Commonwealth.
1 ORDINANCE RELATING TO THE SALARY
2 OF THE CITY ATTORNEY AND
3 AUTHORIZING THE TRANSFER OF NECESSARY FUNDS
4
5
6
7 WHEREAS, on October 31, 1989, the City Council
8 appointed Leslie L. Lilley as City Attorney and set his salary at
9 $64,400; and
10 WHEREAS, it was indicated by the City Council at the
11 time of Mr. Lilley's appointment that his performance would be
12 evaluated in six to eight months and his salary and benefits
13 would be adjusted commensurate with performance; and
14 WHEREAS, effective January 1, 1990, executive-level
15 salaries were adjusted by the Personnel Department, and as a
16 result of that adjustment, the current salary range for the
17 position of City Attorney under the City's Executive Pay Plan is
18 $71,160 through $104,440; and
19 WHEREAS, the City Attorney has submitted to the City
20 Council a Progress Report for the period October 31, 1989,
21 through April 30, 1990, which details accomplishments in the
22 performance of the City's legal work and the administration of
23 the City Attorney's office; and
24 WHEREAS, City Council desires to adjust the City
25 Attorney's salary to reflect his good performance; and
26 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
27 THE CITY OF VIRGINIA BEACH, VIRGTNIA:
28 That the salary of the City Attorney be set at $72,000
29 within the Executive Pay Plan of the City and the City Manager
30 is hereby authorized to transfer $7,600 from within the City
31 Attorney's FY 1990-1991 Operating Budget.
32 This ordinance shall become effective as of July 1,
3 3 1990.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on this 7th day of August, 1990.
3 6
37 CA-3848
38 noncode\salaryl.res
39 R-4
- 28 -
Item VI-H.2.
RESOLUTIONS/ORDINANCES ITEM # 33227
The following spoke In SUPPORT:
Helen E. McDonald, 2360 North Sandfiddler Road, Phone: 426-6653
George Owens, 2216 Sandfiddler Road, Phone: 426-2216
Upon motion by Councilman Lanteigne seconded by Councilwoman McClanan, City
Council:
DIRECTED THE CITY STAFF to complete the survey and
title work for the dedication easement agreements
for Sandbridge Beach In a timely fashion to meet
the deadline of the Corps of Engineers.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
- 29 -
Item VI-H.3.
RESOLUTIONS/ORDINANCES ITEM # 33228
The following spoke in SUPPORT:
Helen E. McDonald, 2360 North Sandfiddler Road, Phone: 426-6653
George Owens, 2216 Sandfiddler Road, Phone: 426-2216
Upon motion by Councilman Lanteigne seconded by Councilwoman McC[anan, City
Council ADOPTED, AS REVISED:
Resolution stating the City's willingness to be the
local sponsor for a COSt-5hared federal beach
nourishment or hurricane protection project in
Sandbridge; and, to continue negotiations to
establish a public beach along the entire project
area.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
RESOLUTION STATING THE CITY'S
WILLINGNESS TO BE THE LOCAL SPONSOR
FOR A BEACH NOURISHMENT PROJECT IN
SANDBRIDGE.
WHEREAS, erosion is rapidly destroying the beach in the
Sandbridge area of the City and threatening the homes and City
infrastructure therein; and
WHEREAS, the Corps of Engineers is currently reevaluating
the beach nourishment plan for Sandbridge; and
WHEREAS, the Corps of Engineers has advised that :Ln order
to undertake a beach erosion control or hurricane protection
project, the City of Virginia Beach must assure the Corps of
Engineers that a public beach exists prior to the execution of a
Local Cooperation Agreement for construction.
NOW, FORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, that the City of Virginia Beach will be the
local sponsor for a cost-shared federal beach nourishment or
hurricane protection project in sandbridge;
AND BE IT FURTHER RESOLVED THAT the City of Virginia
Beach understands the cost sharing requirements contained in the
Water Resources Development Act of 1986 (P.I@. 99-662) ; namely, that
if this becomes a hurricane protection project or an erosion
control project, the City will be responsible for 35 percent of the
costs;
AND BE IT FURTHER RESOLVED THAT the City of Virginia
Beach is capable of and, as a condition precedent to the execution
of the Local Cooperation Agreement, will provide the necessary
assurances with regard to lands, easements, relocations, rights-
of -way, and disposal areas, and the real estate rights will
include, but not be limited to, permanent easements for project
access, construction and maintenance.
AND BE IT FURTHER RESOLVED THAT the City of Virginia
Beach is continuing negotiations with local landowners at
Sandbridge Beach from Little Island Park at the South to Dam Neck
at the North to establish a public beach along the entire project
area and that a public beach will exist prior to the execution of
a Local Cooperation Agreement for construction. The establishment
of a public beach will include efforts made to date in providing
access to the beach and public parking.
AND BE IT FURTHER RESOLVED THAT the City of Virgi@nia
Beach also wishes the Corps of Engineers to pursue nourishment of
Sandbridge in conjunction with any channel dredlging pt-ojects as
allowed under Section 933 of the Water Resources Development Act
of 1986 (P.L. 99-662).
Resolved by the Council of the City of Virginia. Beach on
the 7 day of Augu@t 1990.
7@
SIG Al
C:-s-
- 30 -
Item VI-ii.4.
RESOLUTIONS/ORDINANCES ITEM # 33229
The City Manager REt4OVED FROM THE AGENDA FOR FuTuRE CONSIDERATION:
Resolution providing for the di,trib,ti,n of
information concerning the City of Virginia Beach,
Virginia, in a Preliminary Offering Statement to
prospective purchases of the Series 1990
Certificates of Participation for financing a
Judicial Center at the Municipal Center Complex.
- 31 -
Item VI-H.5.
RESOLUTIONS/ORDINANCES ITEM 33230
Frank Dunn, Transportation Planner Virginia Department of Transportation,
advised the State Is now In the technical process with the Environmental
Protection Agency relative the Southeastern Expressway. A location PUBLIC
HEARING on the Southeastern Exprssway was held September 1989 by VDOT In the
Viringia Beach Pavilion (a three night process).
Dwight L. Farmer, Chief Transportation Engineer with the Hampton Roads Planning
District Commission, advised the technical anlaysis has come to the point of
being aware of having to deal with the new EPA regulations and policies. The
Department has directed the Consultant to attempt to develop an alternative
that is the least impacted as possible, which would hopefully reduce the cost.
The following spoke in OPPOSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008
Marilyn Kyle, 3716 North Landstown Road, Phone: 427-2803
Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council
ADOP'TED:
Resolution endorsing the construction of the
Southeastern Expressway; and, requesting the
Virginia Department of Transportation and the
Commonwealth Transportation Board proceed with its
planning, funding and ultimate construction.
(Sponsored by Councilman W. D. Sessoms)
Voting: 8-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan
Council Members Abstaining:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
Mayor Oberndorf and Councilwoman Parker ABSTAINED as there was confusion
relative the promise to the public concerning holding a PUBLIC HEARING by the
City Council before ADOPTION of a Resolution.
RESOLUTION ENDORSING THE SOUTHEASTERN
EXPRESSWAY AND REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD TO CONSTRUCT THE PROJECT
AS QUICKLY AS POSSIBLE.
WHEREAS, Virginia Beach is the Commonwealth's most dynamic City,
whose main transportation artery, State Route 44, the Norfolk-Virginia
Beach Expressway, normally carries approximately 150,000 vehicles a day,
but during the summer months carries 30 percent more traffic; and
WHEREAS, within the next two years travel speeds on Route 44 are
projected to be below 30 miles per hour during rush hours, and
interchanges along State Route 44 will experience even more severe
backups; and
WHERFAS, even though construction has begun on I-64 from Indian
River Road to the Naval Base, this increased capacity will place
additional strain on State Route 44 inasmuch as major roads connecting
to State Route 44 are already experiencing traffic demand beyond their
capacity, including Lynnhaven Parkway, Rosemont Road, Holland Road,
Independence Boulevard, PrincesS Anne Road, Witchduck Road and Newtown
Road, and travel speeds on these roadways during peak periods often do
not exceed ten miles per hour; and
WHEREAS, from 1972 to 1983 travel speeds during rush hours did
not change significantly from downtown Norfolk into Virginia Beach, and
in ten minutes a motorist could travel as far as Independence Boulevard
in Virginia Beach or Military Highway in Chesapeake, but today it takes
nearly twice as long as it did only just a few years ago; and
WIHEREAS, since 1980 Southeastern Virginia has increased in
population by 141,000, by 62 percent or 87,000 in Virginia Beach and by
19 percent or 27,000 in Chesapeake, and while United States' employment
grew at an annual rate of 1.8 percent from 1980 to 1987, the Hampton
Roads' annual rate was 3.1 percent, and during that time Virginia Beach' s
Kempsville area population grew by 57 percent, Holland area grew by 62
percent and Chesapeake's Greenbrier area by 117 percent; and
WHEREAS, the amount of traffic on our roads has increased three
times faster than our population growth, with each person travelling more
each year even while improved fuel efficient automobiles allow little
increase in fuel tax revenue; and
WHEREAS, we are required by law to maintain existing roads before
building new roads and consequently from 1983 to 1988 we met only 15
percent of our new highway construction needs and even with new funds
from the Special Session of the 1986 General Assembly, we still fund less
than 50 percent of our annual construction needs; and
WHEREAS, Hampton Roads now finds itself in a situation of having
a strong economy with excellent growth and an enviable quality of life
but with a level of congestion along our established corridors which
requires our immediate attention; and
WHEREAS, our options are to expand existing roadways or create
a system of expressways to act as a bypass for central neighborhoods with
substantially less disruption to the community while providing major
relief to our already overburdened system of roads; and
WHEREAS, the Virginia Department of Transportation with the
Cities of Virginia Beach and Chesapeake have developed a plan for an
expressway to provide an alternative route to existing roadways and
reduce the amount of traffic on roads such as State Route 44, Interstate
64, Indian River Road, Battlefield Boulevard, oceana Boulevard and other
major roadways; and
WHEREAS, the Southeastern Expressway is a proposed multi-lane
limited access highway for east-west traffic connecting State Route 44
near Oceana Naval Air Station in Virginia Beach with Interstate 64 in
Chesapeake designed to serve rapidly growing areas in both cities and
improve access to downtown Norfolk and Portsmouth and upon which the City
of Virginia Beach's Master Street and Highway Plan is based; and
WHEREAS, the Southeastern Expressway would provide commuters from
Virginia Beach and Chesapeake with a second route to employers such as
the Naval Shipyard and hospital, the ports and the financial district in
downtown Norfolk, and alternate route for tourists to Hampton Roads via
Interstate 664 and the expressway to the Oceanfront; and
WHEREAS, the Southeastern Expressway would allow our citizens to
travel quickly and efficiently between the cities of Virginia Beach and
Chesapeake, and encourage tourism and travel for business and pleasure
to other regions of the Commonwealth; and
WHEREAS, three projects of great economic impact for the City on
which major engineering has been completed will be served by the
expressway: Oceana South Industrial Park, Taylor Farms Commerce Park,
and Corporate Landing; and
WHEREAS, these three projects are projected to attract total
investment of $634,190,500 at maturity resulting in annual tax revenues
to the City of Virginia Beach of $6,532,162 calculated at the current
real estate tax rate; and
WHEREAS, the economic impact of these projects will extend beyond
the immediate gratification of tax revenues and provide jobs for our
citizens, and goods and services for the entire Hampton Roads' area.
NOW THEREFORE BE IT RESOLVF.D that the Virginia Beach city council
unanimously endorses the concept of the Southeastern Expressway and
requests that planning, funding, and ultimate construction of the
That the Clerk of the City of Virginia Beach is directed to
provide a copy of this resolution to the City'S General Assembly
Delegation, the Commonwealth Transportation Board and the Virginia
Department of Transportation.
Adopted by the Council of the City of Virginia Beach 7 of
August 1 1990.
- 32 -
Item VI-H.6.
RESOLUTIONS/ORDINANCES ITEM # 33231
The following registerd in FAVOR:
Steve Castiglioni, 5516 Old Providence Road, Phone: 623-1641, represented
CBN/Regent University
Randy Morrell, 1681 Delaney Street, Phone: 523-7127, Vice President of CBN
The following registered in OPPOSITION:
Dan B. Diviney, President - Lake James Homes Association - Post Office Box
64928, Phone: 424-3571, presented letters in OPPOSITION from Duncan Bell,
President - Lake Christopher, Bruce Point, President - Charlestown Lakes,
Alyce Green, President - NewLight. Dan Diviney presented a Citizen
Opposition paper to the Centerville Turnpike - Phase IA Relocation. Said paper
is hereby made a part of the record.
W. Thomas Jennings, Jr., 2325 Church Street,
Virginia H. Armstrong, 5744 Earnhardt, Phone: 420-8580
Rolando L. Mayor, Phone: 420-9788
Lee Fabricius, Phone: 523-0490
Joseph Witcher, Century 21 Realty
Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City
Council AUTHORIZED:
PROCEEDING WITH FINAL DESIGN OF CENTERVILLE
TURNPIKE PHASE 1A (CIP 2-810)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne and Reba S.
McClanan
Council Members Absent:
None
- 33 -
Item VI-1.
CONSENT AGENDA ITEM # 33232
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED In ONE MOTION Items 1, 2, 3, 4 a.b.c.d.a.f, 5, 6, 7 and 8 of the
CONSENT AGENDA.
Items 4.a, and 4 d. were AMENDED.
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 Wlillam D. Sessoms, Jr.*
Council Members Voting Nay:
None
Council Members Absent:
None
*Council Members Clyburn, Fentress, Heischober and Sessoms VERBALLY ABSTAINED
on Item 1 as their various banks are listed.
**Councilman James W. Brazier, Jr., DISCLOSED on Items 4.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 proceedings.
***Mayor Oberndorf ABSTAINED on Item 4.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
proceedings.
Councilwoman McClanan voted a VERBAL NAY on Item 5.
- 34 -
Item VI-1.1
CONSENT AGENDA ITEM # 33233
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-226 of
the Code of the City of Virginia Beach, Virginia,
re City depositories generally.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Louis R. Jones, Paul
J. Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Harold Heischober and William D. Sessoms, Jr.
Council Members Absent:
None
*Council Members Clyburn, Fentress, Heischober and Sessoms VERBALLY ABSTAINED
on Item 1 as their various banks are listed.
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 2-226 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 CITY DEPOSITORIES GENERALLY.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 2-226 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 2-226. City depositories generally.
11 (a) The city treasurer is authorized to deposit or cause to
12 be deposited all funds of the city in any of the following listed
13 banks or savings and loan associations:
14 (1) At4:ekntie iiatiettal Bank New Atlantic Bank, NA;
15 (2) Bank of the Commonwealth;
16 (3) Signet Bank;
17 (4) Central Fidelity Bank;
18 (5) Commerce Bank;
19 (6) Dominion Bank;
20 (7) First American Bank
21 (8) First Virginia Bank of Tidewater;
22 (9) Sovran Bank, N.A.;
23 (10) Crestar Bank;
24 (11) Atiantie Perfnanent Savings Bankt,
25 (1411) Investors Savings Bank;
26 (+412) Life Savings Bank;
27 (4413) Cenit Bank for Savings, SFB
28 (@14) Virginia Federal Savings and Loan Association.
29 (4415) Bank of Tidewater;
30 (1416) Coastal Virginia Bank;
31 (1417) Peoples Bank of Virginia Beach;
32 (1418) Perpetual Savings Bank;
33 (@19) Princess Anne Commercial Bank.
34 .(20) Resource Bank
35 (b) No money shall be deposited in any bank or savings
36 and loan association referred to in this section until the bank or
37 savings and loan association has complied with the Virginia
38 Security for Public Deposits Act, as amended, and other provisions
39 of state law.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia on tile 7th day of August 1990.
42 CA-3880
43 \ordin\proposed\02-226.pro
44 R-1
APPROVEri AS I'@l i..F.C@AL
SUFFiC!ENCY i@,N,,-' R,M
y
2
COMMONWEALTH of VIRGINIA
EDDIE N. MOORE, JR. Department of the Treasiiry P, 0. BOX 6-H
TREASUREROFVIRGINIA RICHMOND, VIRGINIA23215
(SN) 225-2142
August 1. 1990
TO: Local Treasurers
FROM: Gregory A. SchnitZler, Director
Cash Managenient & Investments
Attached is a listing of all qualified public depositories ptirsuant
to the Securitv fOr Public Deposits Act. The listing iiidicates each
depositories status at June 30, 1990. An explanation is provided for
any depository that is listed as unqualified. other financial
institutions not listed may be used provided they execute the
qualifying documents.
In evaluating this list please note that "Qualified" does not pertain
to the financial condition of any depository. It merely indicates
that tlie institution has executed the [)roper docilments to become
qualified and coniplies tViLh tlie collateralizati('n aild reporting
requirements of the Act.
If you have any questions concerning this list, please call Sandra
Savage at (804) 225-3249.
Attachment
PDMRLET@MM\DOC
SECURITY FOR PUBLIC DEPOS[TS
SU@l@IARY OF UNQUALIFIELI I)EPOSII'ORIES
AS OF JUNE 30, 1990
UNQUALIFIED DEPOSITORY: STATUS:
Miners and Merchants Bank Undercollateralized -
Grundy, VA., Additional collateral
pledged July.
Grundv National Bank
Undercollateralized -
Grundy, VA. Additional collateral
pledged in July,
First National Bank Undercollateralized
Strasburg, VA. Additional collateral
pledged in July.
Farmers and Merchants Undercollateralized -
Winchester, VA. Additional collateral
pledged in July.
Caroline Savings Bank [Jndercollateralized -
Bowling Green, VA. Second time witliin
twelve motiths.
Additional collateral
pledged in July.
COOPerative Savings Bank Undercollateralized -
Lynchburg, VA. Second time within
twelve moiiths.
Additional collateral
pledged iii July.
NEW QUALLFIED DEPOSITORIES:
None for this reporting period
REPORT PREPARED JULY 27, 1990
TREASRPT\MM@DOC
DATE 07-30-90 BANK SUMMARY QUALIFIED DEPOSITORIES PAGE
PROGRAM: DS02 DEPOSIT SECURITIES SYSTEM
AS OF 06/30/90
B A N K N A M E L 0 C A T I 0 N QUALIFIED QUALIFIED NOT
NO DEPOSITS QUALIFI
HIGHLAND UNION BANK ABINGDON x
BANK OF ALEXANDRIA ALEXANDRIA x
BURKE AND HERBERT BANK & TRUST ALEXANDRIA x
THE FIRST NATIONAL BANK ALTAVISTA x
FARMERS NATIONAL BANK APPOMATTOX x
FIRST COMMERCIAL BANK ARLINGTON x
THE BANK OF NORTHERN VIRGINIA ARLINGTON x
VIRGINIA COMMERCE BANK ARLINGTON x
CITIZENS BANK OF VIRGINIA ARLINGTON x
PATRICK HENRY NATIONAL BANK BASSETT x
BANK OF CLARKE COUNTY BERRYVILLE x
BIG STONE GAP BANK AND TRUST BIG STONE GAP x
NATIONAL BANK OF B@CKSBURG BLACKSBURG x
CITIZENS BANK AND TRUST CO BLACKSTONE x
UNION BANK AND TRUST BOWLING GREEN x
FIRST VA BANK PLANTERS BRIDGEWATER x
FIRST NATIONAL BANK BROADWAY x
BANK OF BUCHANAN BUCHANAN x
BANK OF SOUTHSIDE VIRGINIA CARSON x
F & M BANK/CHARLOTTESVILLE CHARLOTTESVILLE x
FIRST VA BANK CENTRAL CHARLOTTESVILLE x
JEFFERSON NATIONAL BANK CHARLOTTESVILLE x
BANK OF HAMPTON ROADS CHESAPEAKE x
THE MARINE BANK CHINCOTEAGUE x
THE FIRST NATIONAL BANK CHRISTIANSBURG x
FIRST NATIONAL BANK CLIFTON FORGE x
MINERS EXCHANGE BANK COEBURN x
FIRST VA BANK HIGHLANDS COVINGTON x
STATE BANK OF ALLEGHENIES COVINGTON x
SECOND NATIONAL BANK CULPEPPER x
FIRST VA BANK-MOUNTAIN EMPIRE DAMASCUS x
AMERICAN NATIONAL BANK DANVILLE x
FIRST VA BANK-PIEDMONT DANVILLE x
FIRST STATE BANK DANVILLE x
PEOPLES BANK OF DANVILLE DANVILLE x
VIRGINIA BANK AND TRUST CO DANVILLE x
THE EASTVILLE BANK EASTVILLE x
FIRST NATIONAL BANK EMPORIA x
PEOPLES BANK OF EWING EWING x
FAIRFAX BANK AND TRUST FAIRFAX x
GEORGE MASON BANK FAIRFAX x
RIGGS NATIONAL BANK WASHINGTION x
FIRST VA BANK-FALLS CHURCH FALLS CHURCH x
FIRST VA BANK-SOUTHSIDE FARMVILLE x
FIRST NATIONAL BANK OF FERRUM FERRLTM x
BANK OF FINCASTLE FINCASTLE x
DATE 07-30-90 BANK SUMKARY QUALIFIED DEPOSITORIES PAGE 2
PROGRAM: DS02 DEPOSIT SECURITIES SYSTEM
AS OF 06/30/90
B A N K NA M E L 0 C A T I 0 N QUALIFIED QUALIFIED NOT
NO DEPOSITS QUALIFI
THE BLUE RIDGE BANK FLOYD x
THE BANK OF FLOYD FLOYD x
FIRST COMMUNITY BANK OF FOREST FOREST x
THE BANK OF FRANKLIN FRANKLIN x
THE NATL BK OF FREDERICKSBURG FREDERICKSBURG x
VIRGINIA HEARTLAND BANK FREDERICKSBURG x
THE PEOPLES BK OF FRONT ROYAL FRONT ROYAL x
PENNINSULA TRUST BANK GLOUCESTER x
MINERS AND MERCHANTS GRUNDY x
GRUNDY NATIONAL BANK GRUNDY x
FARMERS & MERCHANTS NATL BANK HAMILTON x
OLD POINT NATIONAL BANK HAMPTON x
MASSANUTTEN BANK AND'TRUST HARRISONBURG x
DOMINION BANK HARRISONBURG x
DICKENSON BUCHANAN BANK HAYSI x
BANK OF NORTHUMBERLAND HEATHSVILLE x
BANK OF CARROLL HILLSVILLE x
PEOPLES BANK OF HONAKER HONAKER x
GRAYSON NATIONAL BANK INDEPENDENCE x
POWELL VALLEY NATIONAL BANK JONESVILLE x
BENCHMARK COMMUNITY BANK KENBRIDGE x
THE BANK OF LANCASTER KILMARNOCK x
CHESAPEAKE NATIONAL BANK KILMARNOCK x
KING GEORGE STATE BANK KING GEORGE x
PACE AMERICAN BANK LAWRENCEVILLE x
THE FIRST BANK AND TRUST LEBANON x
BANK OF LOUDOUN LEESBURG x
VIRGINIA COMMUNITY BANK LOUISA x
PEOPLES BANK OF CENTRAL VA LOVINGSTON x
PAGE VALLEY NATIONAL BANK LURAY x
SECURITY BANK CORPORATION MANASSIS x
THE BANK OF MARION MARION x
MARSHALL NATIONAL BANK MARSHALL x
PIEDMONT TRUST BANK MARTINSVILLE x
HANOVER BANK MECHANICSVILLE x
THE BANK OF MCKENNEY MCKENNEY x
BANK FIRST NA MCLEAN x
MADISON NATIONAL BANK OF VA MCLEAN x
FIRST AMERICAN BANK MCLEAN x
THE MIDDLEBURG BANK MIDDLEBURG x
FIRST AND CITIZENS BANK MONTEREY x
PEOPLES BANK OF MONTROSS MONTROSS x
THE FARMERS AND MERCRANTS BANK NEW CASTLE x
BANK OF THE COMMONWEALTH NORFOLK x
NEW ATLANTIC BANK NORFOLK x
DOMINION BANK OF NORFOLK NORFOLK x
DATE 07-30-90 BANK SUMMARY QUALIFIED DEPOSITORIES PAGE 3
PROGRAM: DS02 DEPOSIT SECURITIES SYSTEM
AS OF 06/30/90
B A N K NA M E L 0 C A T I 0 N QUALIFIED QUALIFIED NOT
NO DEPOSITS QUALIFI
HERITAGE BANK AND TRUST NORFOLK x
FIRST VA BANK - TIDEWATER NORFOLK x
FARMERS AND MERCHANTS ONLEY x
FARMERS AND MINERS BANK PENNINGTON GAP x
LEE BANK AND TRUST PENNINGTON GAP x
THE COMMUNITY BANK PETERSBURG x
THE BANK OF CHARLOTTE COUNTY PHOENIX x
COMMUNITY TRUST BANK PORTSMOUTH x
CENTRAL VIRGINIA BANK POWHATAN x
BANK OF ROCKBRIDGE RAPHINE x
STATE BANK OF REMINGTON REMINGTON x
BANK STAR NA RESTON x
FIRST VA BANK - CLINDH VALLEY RICHLANDS x
THE RICHLANDS NATIONAL BANK RICHLANDS x
SIGNET BANK RICHMOND x
CENTRAL FIDELITY BANK RICHMOND x
COMMERCE BANK OF VIRGINIA RICHMOND x
COMMONWEALTH BANK RICHMOND x
DOMINION BANK RICHMOND x
CONSOLIDATED BANK AND TRUST RICHMOND x
COUNTY BANK OF CHESTERFIELD MIDLOTHIAN x
F & M BANK RICHMOND x
FIRST VA BANK COLONIAL RICHMOND x
PEOPLES BANK OF VIRGINIA RICHMOND x
SOVRAN BANK N.A. NORFOLK x
CRESTAR BANK RICHMOND x
DOMINION BANK ROANOKE x
FIRST SECURITY BANK ROANOKE x
FIRST VA BANK -SOUTHWEST ROANOKE x
FIRST VA BANK-FRANKLIN ROCKY MOUNT x
FIRST NATIONAL BANK ROCKY MOUNT x
SALEM BANK AND TRUST SALEM x
FIRST NATL BANK OF SALTVILLE SALTVILLE x
BANK OF SHAWSVILLE SHAWSVILLE x
BANK OF ISLE OF WIGHT SMITHFIELD x
SOUTH BOSTON BANK SOUTH BOSTON x
FIRST VA BANK - SOUTH HILL SOUTH HILL x
FARMERS AND MERCHNTS BANK STANLEY x
PLANTERS BANK AND TRUST STAUNTON x
FIRST VA BANK-AUGUSTA STAUNTON x
THE NATIONAL BANK OF NORTH VA STERLING x
THE FIRST NAT BANK STRASBURG STRASBURG x
FIRST NATIONAL BANK STUART x
BANK OF SUFFOLK SUFFOLK x
THE BANK OF ESSEX TAPPAHANOCK x
THE SOUTHSIDE BANK TAPPAHANOCK x
DATE 07-30-90 BANK SUMMARY QUALIFIED DEPOSITORIES PAGE 4
PROGRAM: DS02 DEPOSIT SECURITIES SYSTEM
AS OF 06/30/90
B A N K NA M E L 0 C A T I 0 N QUALIFIED QUALIFIED NOT
NO DEPOSITS QUALIFI
BANK OF TAZEWELL TAZEWELL x
CITIZENS BANK OF TAZEWELL TAZEWELL x
TAZEWELL NATIONAL BANK TAZEWELL x
FARMERS AND MERCHANTS TIMBERVILLE x
DOMINION BANK OF NORTHERN VA MCLEAN x
SAILORS AND MERCHANTS VIENNA x
BANK OF TIDEWATER VIRGINIA BEACII x
COASTAL VIRGINIA BANK VIRGINIA BEACII x
PEOPLES BANK OF VA BEACH VIRGINIA BEACH x
PRINCESS ANNE COMMERCIAL BANK VIRGINIA BEACH x
RESOURCE BANK VA. BEACH x
COMMERCE BANK VIRGINIA BEACH x
THE BANK OF SUSSEX AND SURRY WAKEFIELD x
THE PEOPLES BANK OF WARRENTON WARRENTON x
THE FAUQUIER NATIONAL BANK WARRENTON x
NORTHERN NECK STATE BANK WARSAW x
THE RAPPAHANNOCK NATIONAL BANK WASHINGTON x
THE BANK OF WAVERLY WAVERLY x
CITIZENS AND FARMERS BANK WESTPOINT x
FIRST VA BANK COMMONWEALTH WILLIAMSBURG x
FARMER AND MERCHANTS WINCHESTER x
THE MARATHON BANK WINCHESTER x
FARMERS BANK WINDSOR x
FIRST COMMONWEALTH BANK WISE x
FIRST VA BANK-SHENANDOAH WOODSTOCK x
THE BANK OF SPEEDWELL WYTHEVILLE x
PERPETUAL SAVINGS BANK ALEXANDRIA x
AMERIBANC SAVINGS BANK ANNANDALE x
CAROLINE SAVINGS BANK BOWLING GREEN x
CHARTER FEDERAL S&L ASSOC BRISTOL x
ESSEX SAVINGS BANK EMPORIA x
CONTINENTAL FEDERAL S&L FAIRFAX x
FREDERICKSBURG S&L FREDERICKSBURG x
VIRGINIA SAVINGS BANK FRONT ROYAL x
CHEVY CHASE SAVINGS BANK BETHESADA x
COOPERATIVE SAVINGS BANK LYNCHBURG x
FIRST FEDERAL S&L LYNCHBURG x
COMMONWEALTH SAVINGS BANK MANASSIS x
IMPERIAL SAVINGS AND LOAN MARTINSVILLE x
NEWPORT NEWS SAVINGS AND LOAN NEWPORT NEWS x
ATLANTIC PERMANENT SAVGS. BANK NORFOLK x
LIFE SAVINGS BANK NORFOLK, x
CENIT BANK FOR SAVINGS, FSB NORFOLK x
BLACK DIAMOND SAVINGS BANK NORTON x
SHORE SAVINGS BANK ONLEY x
FIRST FEDERAL SAVINGS BANK PETERSBURG x
DATE 07-30-90 BANK SUMMARY QUALIFIED DEPOSITORIES PAGE 5
PROGRAM: DS02 DEPOSIT SECURITIES SYSTEM
AS OF 06/30/90
B A N K N A M E L 0 C A T I 0 N QUALIFIED QUALIFIED NOT
NO DEPOSITS QUALIFI
FIRST COLONIAL SAVINGS BANK PRINCE GEORGE x
SENTINEL SAVINGS BANK RICHLANDS x
COREAST SAVINGS BANK, FSB RICHMOND x
INVESTORS SAVINGS BANK RICHMOND x
VIRGINIA FED SAVINGS AND LOAN RICHMOND x
SOUTHWEST VA S&L ROANOKE x
LIBERTY SAVINGS BANK WARRENTON x
JEFFERSON S&L ASSOC WARRENTON x
- 35 -
Item VI-1.2
CONSENT AGENDA ITEM # 33234
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, to cornply with
revisions to the State Code adopted by the 1990
General Assembly by ADDING Section 6-120.1 re
personal watercraft; flotation device required;
hours of operation.
Votlng: 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
TO CONTENTS
MOVED AS
SIG.NATURE
DEPARTMI-'@T
APPROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND AND tAD FORM
2 REORDAIN THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, BY
4 ADDING SECTION 6 -12 0. I EY
5 PERTAINING TO PERSONAL WATER-
6 CRAFT; FLOTATION DEVICE
7 REQUIRED; HOURS OF OPERATION.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 6-120.1 Code of the City of Virginia Beach,
11 Virginia, is hereby added to read as follows:
12 Section 6-120.1. Personal watercraft; flotation device required.
13 nours ot o2eration.
14 1. No personal shall, in any waters of the City, including
15 the marqinal adiacent ocean, (a) operate a personal watercraft
16 unless any person riding or beinq towed behind rsonal
17 watercraft is wearing a Dersonal flotation device of a typt
18 approved by the United States Coast Guard; or (b) overate a
19 Personal watercraft at anV time between the hours from one-half
20 hour after sunset to one-half hour before sunrise..
21 For the purposes of this section "personal watercraft" means
22 a small class A-1 or A-2 vessel which uses an outboard motor, or
23 an inboard motor powering a let pump, as its Primary source of
24 motive Power and which is designated to be operated by a person
25 sittinq, standing, or kneeling on, or being towed behind the
26 vessel, rather than in the conventional manner of sitting or
27 standing.
28 2. Violation of this section shall constitute a Class 4
29 misdemeanor; provided, that the provisions of this section shall
30 not apply to Darticipants in any regatta, race, marine parade,
31 tournament or exhibition which is approved by the Virginia Board
32 of Game and Inland Fisheries or the United States CoaSt Guard.
33 3. The provisions of this section shall expire on July 1,
34 1991.
3 5 Adopted by the Council of the City of Virginia Beach,
36 virginia on the 7th day of August , 1990.
37 CA-3872
38 \ordin\proposed\06-120-I.pro
39 R-2
2
I
@v,
1990 RECONVENED SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER RE@ROLLED
An Act to authorize the City of Virginia Beach to place certain restrictions on the
opt,ration of personal watercraft,- penalty.
[H 5901
Approved
Be it enacted by the General Assembly of Virginia:
1. 6 1. That the City of Virginia Beach may, by ordinance, declare it unlawful within its
te@torial limits, including the marginal adjacent ocean, to (i) operate a personal
watercraft unless any person riding or being towed behind the personal watercraft is
wearing a flotation device approved by the United States Coast Guard and (ii) operate a
personal watercraft at any time between the hours from one-half hour after sunset to
one-half hour before sunn.se.
For the purposes of this act, "personal watercraft" means a small class A-1 or A-2
vessel which uses an outboard motor, or an inboard motor powering a jet pump, as its
primary source of motive power and which is designed to be operated by a person sitting,
standing, or kneeling on, or being towed behind the vessel, rather than in the conventional
manner of sitting or standing.
SS 2. Violations of the provisions of SS I shall constitute a Class 4 misdemeanor.
SS 3. The provisions of this act shall not apply to pai-ticipants in a Board of Game and
Inland Fisheries approved or United States Coast Guard approved regatta, race, man.ne
parade, tournament, or exhibition.
2. That the provisions of this act shall expire on July 1, 1991.
PresidEnt of the Senate
Speaker of t e House of Delegates
Approved:
Governor
- 36 -
Item VI-1.3
CONSENT AGENDA ITEM # 33235
Upon motion by Councilman Baum, seconded by Vlce Mayor Fentress, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN Sections of the
City Code of the City of Virginia Beach, Virginia,
to comply with revisions to the State Code adopted
by the 1990 General Assembly: (Sponsored by
Councilman Paul J. Lanteigne)
Section 23-14 re disorderly conduct In public
places.
Section 23-22 re public intoxication;
transportation of public lnebriates to
detoxification center.
Section 38-5 re pointing or brandishing
firearm or object similar In appearance.
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
!.EGAL
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 23-14 OF THE 'y
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 DISORDERLY CONDUCT IN PUBLIC
6 PLACES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-14 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 23-14. Disorderly conduct in public places.
12 A person is guilty of disorderly conduct and a Class 1
13 misdemeanor if, with the intent to cause public inconvenience,
14 annoyance or alarm, or recklessly creating a risk thereof, he:
15 (1) In any street, highway, or public building, or while in or on
16 a public conveyance or in a public place, engages in conduct
17 having a direct tendency to cause acts of violence by the
18 person or persons at whom, individually, such conduct is
19 directed; peevided, he1/2iever-, t=hat sueh eendaet= shall net be
20 deemed te inelade the utteeanee eE d4:splay ef- any 1/2iefda ef- t&
21 ine!uele e9nd1/2tet etheeiiise Fnade punishable 1/2ineler- this ehapter-t
22 or
23 (2) Wilfully, or being intoxicated, whether wilfully or not, and
24 whether such intoxication results from self-administered
25 alcohol or other drug of whatever nature, disrupts any
26 meeting of the city council or any department, division or
27 agency thereof, or of any school, literary society or place
28 of religious worship, if such disruption
29 (i) prevents or interferes with the orderly conduct of sueh
30 the meeting or
31 (ii) has a direct tendency to cause acts of violence by the
32 person or persons at whom, individually, s1/2ieh the
33 disruption is directed; pr-ek'ided, he,4ieveE, that=
34 mandi@gi= RhAl, net be deempd #g ingli@Flp *:I;p i,*:*:Pr-anee er-
3 5 display of a ise
36 faaele ptin'-sha@ eiiepter. or
37 (3) wilfully or while intoxicated, whetner wilfully or not, and
38 whether such intoxication results from self-administered
39 alcohol or other drug of whatever nature, disrupts the
40 operation of any school or any activity conducted or
41 sponsored bv any school, if the disruption
42 (i) pre@,ents or interferes with the orderly conduct of the
43 operation or activitv or
44 has a direct tendency to cause acts of violence by the
45 person or persons at whom, individuallvl the disruption
46 is directed.
47 However, the conduct prohibited under subsection (1), (2) or
48 (3) shall not be deemed to include the utterance or display of any
49 words or to include conduct otherwise made punishable under this
50 chapter.
51 The person in charge of any such building, place, conveyance,
52 meeting, operation or activity may eject therefrom any person
53 who violates any provision of this section, with the aid, if
54 necessary, of any persons who may be called upon for such purpose.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia on the 7th day of August 1990.
57 WEB/ccm
58 6/8/90
59 CA-03789
60 \ordin\proposed\23-014.pro
2
1990 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER
An Act to amend and reenact SS 18.2-415 of the Code of virginia, relating tO di5Orderly
conduct.
[H 6651
Approved
Be it enacted by the General Assembly of Virginia:
1. That SS 18.2-415 of tile Code of Virginia is amended and reenacted as follows:
SS 18.2-415. Disorderly conduct in public places.-A person is guilty of disorderly conduct
if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly
creating a risk thereof, he:
A. In any street, highway, public building, or while in or on a public conveyance, or
public place engages in conduct having a direct tendency to cause acts of violence by the
person or persons at whom, individually, such conduct is directed
be dAAMAd tg of @ of aff @ of to @IU40
@ PM undef or
B. Willfully or being intoxicated, whether willfully or not, and whether such
intoxication results from self-administered alcohol or other drug of whatever nati4re,
disrupts any meeting of the goveming body of any political subdivision of this
Commonwealth or a division or agency thereof, or of any school, literary society or place
of religious worship, if m" the disruption (i) prevents or interferes with the orderly
conduct of suc4 the meeting or (ii) has a direct tendency to cause acts of violence by the
person or persons at whom, individually, @ the disruption is directed
R" ; or
C. Willfully or while intoxicated, whether wil@lly or not, and whether such
intoxication results )rom self-administered alcohol or other drug of whatever rzature.
disrupts the operation of any 5chool or any activity conducted or sponsored by arkv
school, if the disruption (i) prevents or interferes with the orderly conduct of the operation
or activity or (ii) has a direct tendency to cause acts of violence by the person or persons
at whom, individually, the disruption is directed.
However, the conduct prohibited under subsection A, B or c shall not be deemed tb
include the ufterance or display of any words or to include conduct otherwise made
punishable under this tiue.
The person in charge of any such building, place, conveyance of , meeting , operation
or activity may eject therefrom any person who violates any provision of this section, with
tbe aid, if necessary, of any persons who may be called upon for such purpose.
The goveming bodies of counties, cities and towns are authorized to adopt ordinances
prohibiting and punishing the acts and conduct prohibited by this section, provided that the
punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A
person violating any provision of this section shall be guilty of a Class I misdemeanor.
IE
FORM
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 23-22 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 PUBLIC INTOXICATION;
6 TRANSPORTATION OF PUBLIC
7 INEBRIATES TO DETOXIFICATION
8 CENTER.
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Section 23-22 of the Code of the City of Virginia Beach,
12 Virginia, is hereby amended and reordained to read as follows:
13 Section 23-22. Public pr-ef-an4:ty afid dr-1/2in!Eefiaes& intoxication;
14 transportation of public inebriates to
15 detoxification center.
16 If any person be dEun!E intoxicated in public, whether such
17 intoxication results from alcohol, narcotic drug or other
18 intoxicant or drug of whatever nature, he shall be deemed guilty
19 of a Class 4 misdemeanor. In any area in which there is located
20 a court-approved detoxification center, the judge of the general
21 district court may, by written order, authorize the
22 transportation, by police or otherwise, of public inebriates to
23 such detoxification center; provided, however, that no person
24 shall be involuntarily detained in such center.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia on the 7th day of August 1990.
27 CA-03850
28 \ordin\proposed\23-022.pro
29 R-1
1990 RECONVENED SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER REENROLLED
An Act to amend and reenact SS 18.2-388 of the Code of Virginia, relating to disorderly
conduct in public places.
[H 10101
Approved
Be it enacted by the General Assembly of Virginia:
1. That SS 18.2-388 6f the Code of Virgnia is amended and reenacted as follows:
SS 18.@-388. Profane swearing and itoxication in public; penalty; transportation of public
inebriates to detoxification center.-If any person profanely eur-se curses or swear- swears
or be dn3nk is intoxicated in public , whether such intoxkation results fi'Om alcohol,
narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of
a Class 4 misdemeanor. In any area in which there Is located a court-approved
detoxification center a law-enforcement officer may authorize the transportation, by police
or otherwise, of public inebriates to such detoxification center in lieu of arrest however,
no person shall be involuntarily detained in such center.
President of the Senate
Speaker of the House of Delegates
Approved:
Govemor
CC,NTENTF
APPROVII'@',
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 38-5 OF THE
3 CODE OF THE CITY OF VIRGINIA R.ITY
4 BEACH, VIRGINIA, PERTAINING TO
5 POINTING OR BRANDISHING FIREARM
6 OR OBJECT SIMILAR IN APPEARANCE.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That section 38-5 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 38-5. Pointing or brandishing firearm or object similar
12 in appearance.
13 (a) It shall be unlawful and a Class 1 misdemeanor for any
14 person to point or brandish any firearm or any object similar in
15 appearance to a firearm, whether capable of being fired or not, in
16 such manner as to reasonably induce fear in the mind or another,
17 or hold a firearm in a public place in such a manner as to
18 reasonably induce fear in the mind of another of being shot or
19 iniured; however, this section shall not be applicable to any
20 Person engaged in justified or excusable self-defense.
21 (b) Any police officer, in the performance of his duty in
22 making an arrest under the provisions of this section shall not be
23 civilly liable in damages for injuries or death resulting to the
24 person being arrested if he had reason to believe that the person
25 being arrested was pointing, holding or brandishing a firearm or
26 object which was similar in appearance to a firearm, with intent
27 to induce fear in the mind of another.
28 (c) For purposes of this section the word "firearm" shall
29 mean any weapon in which ammunition may be used or discharged by
30 explosion or pneumatic pressure. The word "ammunition," as used
31 herein, shall mean cartridge, pellet, ball, missile or projectile
32 adepted adapted for use in the firearm.
33 Adopted by the Council of the City of Virginia Beach,
34 Virginia on the 7th day of August 1990.
35 CA-03797A
36 \ordin\proposed\38-005.pro
1990 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER
An Act to amend and reenact SS 18.2-282 of t,@e Code of virginia, relatitig to pointilig,
holding, or brandishing a firearm; penalty.
[S 3981
Approved
Be it enacted by the General AsSembly of Virginia:
1. That SS 18.2-282 of the Code of Virginia is amended and reenacted as follows:
@ 18.2-282. Pointing, holding, or brandishing firearm or object similar in appearance;
penilty.- @ A. It shall be unlawful for any person to point, or brandish any firearm, as
hereinafter described, or any object similar in apdearance to a firearm, whether capable of
being fired or not, in such manner as to reasonably induce fear in the mind of another or
hold a firearm in a public place in such a manner as to reasonably induce fear in the
mind of another of being shot or injured,- however, this section shall not be applicable to
an 'y person engaged in excusable or justified self-defense . Persons violating the provisions
of this section shall be guilty of a Class 1 misdemeanor.
B. Any police officer in the Derformance of his duty , in making an arrest under
the provisions of this section shall not be civilly liable in damages for injuries or death
resulting to the person being arrested if he had reason to believe that the person being
arrested was pointing, holding, or brandishing such firearm, or object which was similar in
appearance to a firearm, with intent to induce fear in the mind of another.
(c4 C. For purposes of this section , the word "firearm" shall mean any weapon in
which ammunition may be used or discharged @ by explosion i or pneumatic pressure. The
word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or
projectile adapted for use in a firearm.
President of the Senate
Speaker of the House of Delegates
Approved:
Governor
- 37 -
Item VI-1.4a.
CONSENT AGENDA ITEM # 33236
Upon motion by Councilman Baum, seconded by V I ce Mayor Fentress, C i ty Counc i I
APPROVED, upon FIRST READING, as REVISED:
Ordinance to APPROPRIATE $625,000 In Multi-Family
Rehabilitation Loan and Energy Grant Funds frorn 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. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
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
day of 1990.
APPROVED AS TO C APWOVED AS TO
Ci
Depa sing and
Neighbot,hood Preservation
FIRST READING: August 7, 1990
- 38 -
Item VI-1.4b.
CONSENT AGENDA ITEM # 33237
Upon mot 1 on by Counc I I man Baum, seconded by V i ce Mayor Fentress, C i ty Counc i I
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $49,782 frorn the State
Department of Criminal Justice Systems through the
Anti-Drug Abuse Act of 1988; and, TRANSFER $12,446
from General Fund Reserves to FY 1990-1991
Operating Budget as required matching funds.
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. McC]anan, 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 4.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 Brazierts letter of August
7, 1990, Is hereby made a part of the proceedings.
@it@ C>f NTi@@i@iet F3@EIC21-)L
JAMLS W BRAZIER. JR 3200 LY.NHAVEN DRIVE, #302
COUNCILMAN - LYNN@VEN BOROUGH VIRGINIA BEACH, VIRGINIA 234@
481-38W
August 7, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia conflict of Interests Act, SS2.1-
639.14(G), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Council consideration of an anti-
drug abuse grant to the Police Department.
2. I am a city employee, formerly a police officer, and am
currently assigned to the office of the Commonwealth
Attorney.
3. I will not realize any direct or foreseeable financial
benefit or detriment as a result of this transaction.
4. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not meet
the criteria of a personal interest in the transaction
under the Conflict of Interests Act, I wish to disclose
this interest and declare that I am able to participate
in the transaction fairly, objectively, and in the
public interest.
Accordingly, I respectfully request that you record this
declaration in the official records of the city council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges Smith -2- August 7, 1990
Thank you for your assistance and cooperation in this
matter.
si,ncerely,
Counc er
Enclosure
I AN ORDINANCE TO APPROPRIATE $49,782 FROM THE STATE
2 DEPARTMENT OF CRIMINAL JUSTICE SYSTEMS AND
3 TRANSFER $12,446 FROM GENERAL FUND RESERVES TO
4 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 WHERF-AS, the Virginia Beach Police Departm,ent has applied i-or and I)een
10 notified by the state of the grant award totalling !@49, 782, vith a re,juired lc,cal
11 match of $12,446;
12 WHEREAS, these funds shall be used for overtime compensation for increas;ed
13 narcotics investigation activities and additional narcotics s,urveillance
14 equipment, as requested in the grant application.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
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 c@ffset by a
18 corresponding increase in estimated reverr6ies;
19 BE IT FURTHER ORDAINED THAT funds iii the amount of $12,446 be transferred
20 from General Fund Reserves to the FY90-91 Operating Budget as the required mat,.ch
21 from the city.
22 This ordinance shall be in effect from the date of its adopti.on.
23 Adopted the - day of 1990, by the Council of the Cit,l of
24 Virginia Beach, Virginia.
25 First reading: Au2ust 7. 1990
26 Second reading:
I
- 39 -
Item VI-1.4c.
CONSENT AGENDA ITEM # 33238
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $24,389 Grant
from the Cornmonwealth of Virginia Department of
Criminal Justice re Victim Witness Program; and,
provide one full-time tofnporary 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 4.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 proceedings.
JAMES W. BA@IER, JR@ 32W LYNNHAVEN DRIVE.
COUNCILMAN - LYNNHAVEN BOROUGH VTRGINIA BEACH, ViFtGINIA 23464
481
August 7, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, SS2.1-
639.14(G), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the City Council consideration of a
Victim Witness Assistant position for the Conunonwealth
Attorney's office.
2. I am a city employee, currently assigned to a position
in the Commonwealth Attorney's office.
3. I will not realize any direct or foreseeable financial
benefit or detriment as a result of this transaction.
4. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not meet
the criteria of a personal interest in the transaction
under the Conflict of Interests Act, I wish to disclose
this interest and declare that I am able to participate
in the transaction fairly, objectively, and in the
public interest.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges Smith -2- AugUSt 7, 1990
Thank you for your assistance and cooperation in this
matter.
Sincerely,
i.es Br. er
Councilmember
Enclosure
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A @24,389 GRANT
2 FROM THE COMMONWALTH 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 Witness Coordinator has pursued various grants to fund
9 staff in addition to the three full-time positions and operational support fulided
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 - day of _ , 1990.
28 First Reading August 7, 1990
29 Second Reading
40 -
Item VI-1.4d.
CONSENT AGENDA ITEM # 33239
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED, upon FIRST READING, AS AMENDED*:
Ordinance 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.
*The additional full time permanent position shall be authorized only for the
term of the grant.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
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 TiiE 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
28 day of 1990.
29 First Readine August 7, 1990
30 Second Reading
- 41 -
Item VI-1.4e.
CONSENT AGENDA ITEM # 33240
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED, upon FIRST 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
1 AN OELDINANCE TO APPROPRIATE $17,500 FROM THE
2 MARINE SCIENCE 14USEUM ENTERPRISE FUND'S ELETAINED EARNINGS
3 TO THE FY 90-91 OFEELATING 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 adopti.n.
13 Adopted the _ day of 1990, by the Council of the City of
14 Virginia Beach, Virginia.
15 First reading: August 7, 1990
16 Second reading:
- 42
Item VI-1.4f.
CONSENT AGENDA ITEM # 33241
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $10,138 within FY 1990-
1991 Operating Budget of Department of Social
Services re employment of one part-tlme 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 Votlng Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
*Mayor Oberndorf ABSTAINED on item 4.f, and DISCLOSED pursuant to Sectlon
2.1-639.14(E) of the Code of Vlrginia, she is a non-paid Director of Tidewat,r
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
proceedlngs.
MEYERA E. OBERNDORF MUNICIPAL CENTER
MAYOR VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-45W
August 7, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's office
municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639-14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, SS2.1-
639.14(E), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the hiring of a hospital based eligibility
worker.
2. i am a non-paid Director of Tidewater Health Care, which
is the parent corporation of virginia Beach General
Hospital.
3. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not meet
the criteria of a personal interest in the transaction
under the Conflict of Interests Act, I wish to disclose
this interest and abstain from participating in this
transaction.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges Smith -2- August 7, 1990
Thank you for your assistance and cooperation in this matter.
Very truly yours,
Meyera Oberndorf
Mayor
Enclosure
LESLIE L. LILLEY MUNICIPAL CENTER
CITY AUORNEY VIRGIN@A B@CH. VA 234@-@
(BN) 427-4531
AugUSt 7, 1990
Mayor Meyera Oberndorf
Municipal Center
Virginia Beach, Virginia 23456
Re: Request for Conflict of Interests Act Opinion:
Hospital Based Eligibility Worker
Dear Mayor Oberndorf:
I am writing in response to your request for an opinion as to
whether you may participate in the Council consideration of a
hospital based eligibility worker.
Summary Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you do not have a personal interest in the transaction
of the virginia Beach city council concerning a hospital based
eligibility worker and thus you are permitted to participate in
this matter without restriction. For your information I have
outlined the disclosure requirements of SS 2.1-639.14(G) should you
desire to disclose your relationship and vote; I have also set
forth the applicable provisions for abstention set forth in SS 2.1-
639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts and
discussions.
Facts Presented:
Your request for an advisory opinion is generated by the
Council consideration of the hiring of a hospital based eligibility
worker which is currently scheduled on the agenda for August 7,
Mayor Meyera oberndorf -2- August 7, 1990
1990. You advise that your area of concern with respect to the
transaction is that you are a non-paid Director of Tidewater Health
Care. Tidewater Health Care is the parent corporation of Virginia
Beach General Hospital. The eligibility worker would be employed
by the city and will be working out of Virginia Beach General
Hospital and the hospital will reimburse the City for this
position.
Issue:
Are you precluded from participating in the Council's
consideration of the hiring of a hospital based eligibility worker
because of your position as a non-paid Director for Tidewater
Health Care?
Discussion:
I. Applicable Definitions of SS2.1-639.2:
A. City Council is a "governmental agency" under the
definition, as it is a legislative branch of local government.
B. You are an officer within the meaning of "officer".
C. The consideration of the hiring of a hospital based
eligibility worker is a "transaction" as defined by the Act. A
transaction includes any matters considered by any goverrimental
agency on which official action is taken or contemplated.
D. "Personal interest" is defined as a financial benefit or
liability which accrues to an officer, employee, or to an immediate
family member. The interest exists by reason of one of f ive
categories specified therein as: 1) ownership in a business if the
ownership interest exceeds 3% of the total equity of the business
2) annual income from ownership in real or personal property or a
business in excess of $10,000.00 3) salary from the use of property
or paid by a business that exceeds $10,000.00 annually 4) ownership
of real or personal property when the interest exceeds $10,000.00
in value, exclusive of ownership in a business, or salary 5)
personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business.
E. A "personal interest in the transaction" exists when an
officer or employee or a member of his immediate family has a
personal interest in property or a business or represents any
individual or business and such property, business or represented
individual (i) is the subject of the transaction or (ii) may
Mayor Meyera Oberndorf -3- August 7, 1990
realize a reasonably foreseeable direct or indirect benefit or
detriment as the result of the agency considering the transaction.
F. "BuSiness" means a corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, trust or
foundation, or any other individual or entity carrying on a
business or profession, whether or not for profit.
II. Application of Definitions:
A. Personal Interest
My review of the f acts indicates that you do not have a
personal interest as defined above, by virtue of the fact that you
do not receive a salary from, own any interest in, or assume any
liability for Tidewater Health Care. Since you do not have a
personal interest in Tidewater Health Care, you do not have a
personal interest in the subsidiary corporation, Virginia Beach
General.
B. Personal Interest in the Transaction
You do not have a personal interest, as defined above,
therefore you cannot have a personal interest in the transaction
under the definition of the Conflict of Interests Act.
III. Prohibitions and Disclosure Requirements
Based on the fact that you have no personal interest in the
transaction, you are not disqualified from voting on the propqsal
to employ a hospital based eligibility worker, nor are you required
to disclose. If you are concerned that your position may create
some appearance of impropriety to those who do not understand the
conflict of Interests Act, there are two options available to you.
You may either disclose the facts presented herein and proceed to
vote as to this transaction, or you may abstain from voting and
disclose any interest. Either of these may diffuse any perception
problems that may arise.
Enclosed please find a written declaration form, should you
decide to declare your interest. This disclosure form is based on
S 2.1-639.14(G). This section provides that you may either make
this declaration orally, which is to be recorded in the written
minutes of the City Council, or you may file a signed written
declaration with the Clerk of City Council, who shall retain and
make this document available for public inspection for a period of
five years from the date of recording or receipt.
Mayor Meyera Oberndorf -4- August 7, 1990
If you should desire to abstain from voting, SS 2.1-639.14(E)
provides that in such instances, the officer shall forthwith make
disclosure of the existence of his interest and his disclosure
shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the types of
influences upon a public officer's or employee's judgment which
are clearly improper. The law cannot, however, protect against
all appearances of improper influence. In that respect the Act
places the burden on the individual officer to evaluate whether
the facts presented would present an appearance of impropriety
which is unacceptable or which would affect the confidence of the
public in the officer's ability to be impartial. I have opined
that you may participate in the transaction, without disclosure.
However if you are concerned that participating in the transaction,
even after disclosure, creates an unacceptable appearance of
impropriety, you may abstain from participating under SS2.1-
639.14(E) provided that you first disclose your interest in the
transaction.
As a final note to any conflict of interest opinion, Section
2.1-639.18(c) provides that a written opinion of the City Attorney
made olfter a full disclosure of the facts, is advisory and
admissible as evidence that you did not knowingly violate the Act,
while a favorable opinion of the Commonwealth's Attorney as the
enforcing officer of the COIA, provides immunity from any alleged
violation. If you choose to seek an opinion of the commonwealth's
Attorney, I will be pleased to assist you in that regard.
Please contact me should you desire any additional
information.
Very truly yours,
Le@s
City
LLL/awj
Enclosure
I 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 GENEPAL 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 FY90/91
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
29 day of 1 1990.
30 First Reading August 7, 1990
31 Second Reading
- 43 -
Item VI-1.5.
CONSENT AGENDA ITEM # 33242
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED:
Ordinance to TRANSFER $81,000 frorn within the Risk
Management Internal Service Fund; and, to authorize
the City Manager to execute an agreement for
Independent workers' cornpensation claims adjustment
services.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and W! I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $81,000
2 FROM WITHIN THE RISK MANAGEMENT INTERNAL SERVICE FUND
3 AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT
4 FOR INDEPENDENT WORKERS' COMPENSATION CIAIMS ADJUSTMENT SERVICES
5 WHEREAS, the City of Virginia Beach has a self-insured risk management
6 program;
7 WHEREAS, the Risk Management Division of the Department of Finance is
8 responsible for managing and operating tbis self-insured risk management
9 program;
10 WHEREAS, the Risk Management Division througb further research, has fou@nd
11 that several independent claims adjustmenti companies are hanidling wo@rkers'
12 compensation claims and providing services that are estimated to pro(tuce a
13 savings of at least $85,000 during the first year of@ operation;
14 WHEREAS, the cost of these workers' compensati,@n claims@ adjustm@ent
15 services will total no more than $81,000 and may be funded by, deleting a
16 vacant full-time Workers' Compensation Adju@ter II position and trans:zerring
17 existing appropriations within the Risk Management Internal Service Fiand.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 That funds in the amount of $81,000 aTe hereby transferred from various
21 sources within the fiscal year 1991 Risk Management Internal Service Fund to
22 provide independent workers' compensation claims adjustment ser-vices and one
23 vacant Workers' Compensation II position is deleted from the Risk Management
24 Internal Ser-vice Fund.
25 AND, BE IT FURTHER ORDAINED:
26 The City Manager is authorized to execute an agreement to provide
27 independent workers' claims adjustment services.
28 This ordinance shall be effective from the date of its adoption.
29 Adopted by tbe Council of the City of Virginia Beach, Virginia on the
30 7 day of August 1990.
APPgqVED AS TO. CONTENfs
SIGNAT(
- 44 -
Item VI-1.6.
CONSENT AGENDA ITEM # 33243
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOFITED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of a 25-foot
strip around Lake Joyce and the waters of Lake
Joyce to Clayton L. and Virginia P. Krejci re
lnstallatlon of a proposed bulkhead and an existing
pier to remain.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City ot Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any I labil lty as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to be come unsightly or a hazard.
4. The owner must obtain an approved waterfont permit.
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
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF A 25 FOOT
6 STRIP AROUND LAKE JOYCE
7 AND THE WATERS OF LAKE
8 JOYCE TO CLAYTON L. KREJCI
9 AND VIRGINIA P. KREJCI
10 THEIR HEIRS, ASSIGNS AND
11 SUCCESSORS IN TITLE
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent thereof
15 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
16 Clayton L. Krejci and Virginia P. Krejci, their heirs, assigns and
17 successors in title are authorized to construct and maintain a
18 temporary encroachment into the right-of-way of a 25 foot strip
19 around Lake Joyce and the waters of Lake Joyce.
20 That the temporary encroachment herein authorized is for
21 the purpose of constructing and maintaining a bulkhead and an
22 existing pier and that said encroachment shall be constructed and
23 maintained in accordance with the city of Virginia Beach Public
24 Works Department's specifications as to size, alignment and
25 location, and further that such temporary encroachment is more
26 particularly described as follows:
27 An area of encroachment into a
28 portion of the City's right-of-way
29 known as a 25 foot strip around Lake
30 Joyce and the waters of Lake Joyce,
31 on the certain plat entitled:
32 "PROPOSED BULKHEAD, FILL IN LAKE
33 JOYCE AT VA. BCH. STATE VA.
34 APPLICATION BY C. L. KREJCI SHEET 1
35 OF 2 DATE 10-29-89," a copy of which
36 is on file in the Department of
37 Public Works and to which reference
38 is made for a more particular
39 description.
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to Clayton L. Krejci and Virginia P. Krejci, their
43 heirs, assigns and successors in title and that within thirty (30)
44 days after such notice is given, said encroachment shall be
4 5 removed from the City's right-of-way of a 25 foot strip around
46 Lake Joyce and the waters of Lake Joyce and that Clayton L. Krejci
47 and Virginia P. Krejci, their heirs, assigns and successors in
48 title shall bear all costs and expenses of such removal.
49 AND, PROVIDED FURTHER, that it is expressly understood
50 and agreed that Clayton L. Krejci and Virginia P. Krejci, their
51 heirs, assigns and successors in title shall indemnify and hold
52 harmless the City of Virginia Beach, its agents and employees from
53 and against all claims, damages, losses and expenses including
54 reasonable attorney's fees in case it shall be necessary to file
55 or defend an action arising out of the location or existence of
56 such encroachment.
57 AND, PROVIDED FURTHER, that the party of the second part
58 agrees to maintain said encroachment so as not to become unsightly
59 or a hazard.
60 AND, PROVIDED FURTHER, that the party of the second part
61 agrees to obtain an approved waterfront permit.
62 AND, PROVIDED FURTHER, that this ordinance shall not be
63 in effect until such time that Clayton L. Krejci and Virginia P.
64 Krejci execute an agreement with the City of Virginia Beach
65 encompassing the aforementioned provisions.
66 Adopted by the Council of the city of Virginia Beach,
67 Virginia, on the 7 day of August 1990.
68 CA-3644
69 NONCODE\KREJCI.ORD
70 R-1
APPROVED AS TO CONTENI
@ime@ 0.
IGNfTU,RE
DEPARTMFNT
2
made this day of 11,11,1112
THIS AGREEMENT
19 @O by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and ClaYton L.
Krejci and Virginia P. Krejci, their heirs, assigns and
successors in title, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
and maintain a proposed bulkhead and
second part to construct
existing pier in the city of Virginia Beach; and
WHEREAS, in constructing and maintaining such proposed
bulkhead and existing pier, it is necessary that the said parties
of the second part encroach into a portion of an existing City
right-of-way known as a 251 strip around Lake Joyce and the
waters of Lake Joyce; and said parties of the second part have
requested that the party of the first part grant a temporary
encroachment to facilitate such proposed bulkhead and existing
pier within a portion of the City's right-of-way known as a 251
strip around Lake Joyce and the waters of Lake Joyce;
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
es of the second part a
first part doth grant to the parti
q 7,@
temporary encroachment to use a portion of the City's right-of-
way known as a 251 strip around Lake Joyce and the waters of Lake
Joyce for the purpose of constructing and maintaining such
sting pier.
proposed bulkhead and exi
it is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
ealth of Virginia and the
accordance with the laws of the Commonw
ordance with the City of
i@ city of Virginia Beach, and in acc
Virginia Bear-h Public Works Department's specifications and
approval as to size, aligrunent and location and is more
follows, to wit:
particularly described as
An area of encroachment into a portion of
the City's right-of-way known as a 25' strip
around Lake Joyce and the waters of Lake
Joyce as shown on that certain plat entitled:
"PROPOSED BULKHEAD, FILL IN LAKE JOYCE AT VA
BCH. STATE VA. APPLICATION BY C. L. KREJCI
SHEET 1 OF 2, " a copy of which is attached
hereto as Exhibit "A" and to which reference
is made for a more particular description.
it is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by thc city of virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
trip around Lake Joyce and
City's right-of-way known as a 25' s
the waters of Lake Joyce by the parties of the second part; and
t shall bear all costs and
that the parties of the second par
11 expenses of such removal.
2
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
it is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the seccnd part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said encroachment
so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
parties of the second part must obtain an approved waterfront
permit.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the parties of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the parties of the second
3
part to remove such temporary encroachment; and pending such
removal, the party of the first part may charge the parties of
the second part compensation for the use of such portion of the
City's right-of-way encroached upon the equivalent of what would
be the real property tax upon the land so occupied if it were
i owned by the parties of the second part; and if such removal
shall not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Clayton L. and Virginia P. Krejci,
the said parties of the second part have caused this Agreement
to be executed by their signatures and seals duly affixed.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto af fixed and attested by its
City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
4
By
Clayto L. Krejci
By'/-
vieginia P.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the day of s acknowledged
19_, ha
tne same nefore me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
5
whose name is signed to the foregoing Agreement bearing date on
the day of 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
1-9
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
Clayton L. Krejci, whose name is signed to the foregoing writing,
the
bearing date day of 19 @O , has
acknowledged the same before me in my City and State aforesaid.
Given under MY hand this day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
Virginia P. Kreici, whose name is signed to the foregoing
6
writing, bearing date the d a y o f /@;ll@ /Z-
19 has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
N6tary Public
My commission Expires:
EEF:kg
3 - 2-90
CA-90-3644
(encroach\Krejci.agr)
ONTLN'."
I)EPARTMPNT
7
EXHIBIT "A" NOT A SUBDIVISION
-?@i- T'
olu
0 1
Trc-@o@z7P titktg@14FAL7, FIL.L
'@4EAD, FILL
Pleevc@ ,@51 @
WA tf P LA@(F LEvEl- VA. B,c@. L/,4- 23,4:55
I TAPAEG, AGl-E6 AT VA Ii,
it MIC"ALL @TY or IYATE VA
APPLiCATION BY C,
MUT I OF 'Z PATC C) g]
55
Cl'eS,4p)
PROJI
2 POWR-LLS P
LOCATION MAP
of
ice of the City Manager
April 27,
Mr. Aubrey V. Watts
City Manager
Municipal Center
virginia Beach, VA 23456 CITY OF VA. BEACH
Re: Lake Joyce Encroachment
Clayton L. Krejci
Dear Aubrey,
As you know on June 20, 1967 the Norfolk city Council adopted an
ordinance conveying Lake Joyce along with a 25 foot wide strip of
land around the lake to the city of Virginia Beach. There was
language in the conveyance which required the City of Virginia
Beach to use the property exclusively for public or municipal
purposes and provided that the property Should not be conveyed,,
sold or leased and should not be permitted to be used for any other
purpose. In the event this condition was breached, the property
would revert to Norfolk.
We have received a request from Mr. Clayton L. Krejci of 4512
Powells Point Road to encroach into the 25 foot wide strip of land
around Lake Joyce in order to replace the bulkhead and rebuild a
pier along the shoreline adjacent to his property. This matter was
forwarded to City Council and no objections were noted.
Therefore, the City of Norfolk would not consider the requested
encroachment by Mr. Clayton L. Krejci, if authorized by the City
of Virginia Beach, to violate the conditions in Norfolk's deed to
virginia Beach. This position is taken only with respect to the
facts set forth herein as it relates to the 25 foot wide strip of
land located at 4512 Powells Point Road, Virginia Beach, Virginia
23455. This action does not demonstrate or controi sim4-lar
instances -- past, present or future.
Please give us a call should you have any questions.
Sincerely,
Ja. s B. oliver@
@y manager
cc: DI@rector of Utilities
Director of Development
Mr. Clayton L. Krejci
1101 City Hall Building Norfolk, Virginia 23501 - (804) 441-2471
- 45 -
Item VI-1.7.
CONSENT AGENDA ITEM # 33244
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Counci I
APPROVED:
LOW BID:
UTILITY BUILDERS, INC. Seatack Street $1,049,037.30
Improvements Phase IIA
(CIP 2-980)
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
- 46 -
Item VI-1.8.
CONSENT AGENDA ITEM # 33245
Upon motion by Counci lman Baum, seconded by Vice Mayor Fentress, City Council
APPROVED:
Ordinance authorizing tax refunds in the amount of
$31,165.36 upon application of certain persons and
upon certification of the City Treasurer for
payment.
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, Paui 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
FORM NO. C.-. 7 5/22/90 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Ci ty of Norfol k 90 RE(1/2) 20736-0 11/24/89 18,150.39
Ci ty of Norf ol k 90 RE (112) 2(,)737-9 11/24/89 31. 36
City of Norfolk 90 RE(1/2) 20738-8 11/24/89 77.69
City of Norfolk 90 RE(1/2) 20739-7 11/24/89 11.34
City of Norfolk 90 PE(1/2) 20740-4 11/24/89 646.71
City of Norfolk 90 RE(1/2) 20741-3 11/24/89 334.82
City of Norfolk 90 RE(1/2) 20742-2 11/24/89 2,603.63
City of @lorfolk 90 RE(1/2) 20743-1 11/24/89 4,472.35
City of Norfolk 90 RE(1/2) 20744-0 11/24/89 2,545.18
City of tiorfolk 90 RE(1/2) 20745-9 11/24/89 160.98
City of Norfolk 90 RE(1/2) 20746-8 11/24/89 28.00
Virginia D Good 90 DE(1/2) 42478-6 11/30/89 17.10
Virginia D Good 90 RE(2/2) 42478-6 11/30/89 17.10
Bel-Aire Inc 90 RE(1/2) 7996-2 12/5/89 165.31
Holland Woods Assoc 90 RE(1/2) 51496-5 11/17/89 1,220.76
Robert T Brown & Assoc 90 RE(1/2) 29040-2 12/5/89 662.64
US Fleet Leasing Inc N/A Pkng 292042 5/10/90 20.00
Total 31,165.36
This ordinance shall be effective from date of adoption.
The ab)ove6@bqtpment(s) totaling as to paymen@i
$31,1 ib were approved by
the Council of the City of Vi ,na
r g..
Beach on the 7 _ day of A t, 1990
T. A&in@o@,'t ea@surer
Approved as to form:
Ruth Hodges Smith
City Clerk
Leslie L. Lilley, City Cttorney
- 47 -
Item VI-J.I.a/b/c/d/e
APPOINTMENTS ITEM # 33246
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
COMMUNITY SERVICES BOARD - Resignation
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
- 48 -
Item VI-J.l.f.
APPOINTMENTS ITEM # 33247
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council CONFIRMED THE APPOINTMENT OF:
BOARD OF ZONING APPEALS
Albert W. Balko
Alternate Member
September 1, 1990 - August 31, 1995
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, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McClanan ABSTAINED as she wished no part of the BZA. She did not
believe, by law, the City Council was suppose to be Involved.
- 49 -
Item VI-K.l.
UNFINISHED BUSINESS ITEM # 33248
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
A Resolution directing the City Attorney to
Discontinue Legal Action in the matter of the
variance granted to International Festival
Associates, Trading as the Festhaus.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Councll Members Absent:
None
1 A RESOLUTION DIRECTING TME CITY @TTORNEY TO
2 DISCONTINUE LEGAL ACTION IN THE MATTER OF TME
3 VARIANCE GRANTED TO INTERNATIONAL FESTIVAL
4 ASSOCIATES, TRADING AS THE FESTHAUS
5 WHEREAS, by Resolution adopted on July 2, 1990, the City
6 Council directed the Zoning Administrator to appeal the decision
7 of the Board of Zoning Appeals of June 6, 1990, whereby the Board
8 granted a variance to International Festival Associates, trading
9 as the Festhaus, allowing the said establishment to have three
10 signs and ninety-six (96) square feet of sign area, instead of two
11 signs and sixty-four (64) square feet of sign area, as allowed by
12 applicable sign regulations of the city Zoning ordinance; and
13 WHEREAS, upon further consideration, it is the opinion
14 of the City Council that, by reason of the unique circumstances of
15 the application heard and decided by the Board, the variance is
16 not contrary to the spirit or the intent of the City's sign
17 regulations;
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That the City Attorney be, and hereby is, directed to
21 discontinue the legal action authorized by the Resolution of July
22 2, 1990.
23 Adopted by the City Council of the City of Virginia Beach,
24 Virginia, on the 7th day of August, 1990.
25 CA-3893
26 Fest. res
27 R-1
- 50 -
Item VI-L.I.
NEW BUSINESS ITEM # 33249
Upon NOMINATION by Vice Mayor Fentress, City Council DESIGNATED:
VIRGINIA MUNICIPAL LEAGUE
Certification of Voting Delegates for 1990 Annual Conference:
Voting Delegate - Mayor Meyera E. Oberndorf
Upon NOM114ATION by Councilman Heischober, City Council DESIGNATED:
Alternate Voting Delegate - Vice-Mayor Robert E. Fentress
Voting: 11-0
Councli 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
- 51 -
Item VI-L.2.
CANCEL/RESCHEDULE
CITY COUNCIL SESSIONS ITEM # 33250
BY CONSENSUS, the City Council Session:
Tuesday, September 4, 1990
SHALL NOT BE CANCELLED OR RESCHEDULED.
- 52 -
Item VI-L.3.
CANCEL/RESCHEDULE
CITY COUNCIL SESSIONS ITEM # 33251
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
CANCELLED:
CITY COUNCIL SESSION
Tuesday, September 11, 1990
(Virginia Municipal League
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
53 -
Item VI-L.2.c.
CANCEL/RESCHEDULE
CITY COUNCIL SESSIONS ITEM # 33252
Upon motion by Coiuncilman Heischober, seconded by Vice Mayor Fentress, City
Council:
RESCHEDULED CITY COUNCIL SESSION
Tuesday, December 4, 1990
(National League of Cities Conference)
TO
Thursday, December 6, 1990
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
- 54 -
item VI-M.l-
ADJOURNMENT ITEM # 33253
Upon motion by Counci lman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 7:12 P.M.
Be,,., I y O@
Chief Deputy City Clerk
*th mc Mey6ra Oberndorf
C,ty Clerk Mayor
City of Virginia Beach
Virginia