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Home My WebLink AboutMAY 12, 1992 MINUTES it_v o£ Virginia E}each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR ROBERT E. FENTRESS, Virginia Beach Borough JOHN A. BAUM, Blackwater Borough JAMES W BRAZIER, ]R., l~¥nnhaven Borough ROBERT W. CLYBUtLN, Kempsville Borough HAROLD HEISCHOBER, At-Large LOUIS R. JONES, Bayside Borough PAUL ]. LANTEIGNE. Pungo Borough REBA S. McCLANA~~, Pnncess Anne Borough NANCY K. PARKER, At-Large IJVILLIAM D SESSOMS, JR, At-Large JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorn©, RUTH HODGES SMITH, CMC / AAE, C~ty Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER I/IRGINIA BEACH, 'VIRGINIA 23456-9005 ~804~ 427-4303 May 12, 1992 ITEM I. CITY MANAGER'S BRIEFINGS - Council Chamber - 12: NOON Ae Be CHESAPEAKE BAY PRESERVATION ACT Louis E. Cullipher, Director, Natural Resources and Rural Services CRUISING ORDINANCE C. Oral Lambert, Jr., Chief of Staff ITEM II. INFORMAL SESSION - Council Chamber - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL Co RECESS TO EXECUTIVE SESSION ITEM III. FORMAL SESSION - Council Chamber - 2:00 PH A. CALL TO ORDER - Mayor Meyera E. Oberndorf Bo INVOCATION: Reverend Paul Kettner Hope Lutheran Church LC-MS 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 Fo MINUTES 1. INFORMAL & FORMAL SESSION 2. FY 1992-1993 BUDGET PUBLIC HEARING - April 28, 1992 - April 30, 1992 G. PRESENTATION 1. RESOLUTION - SAM MEYERS DAY Howard S. Myers, Jr. Requested by Mayor Meyera E. Oberndorf Councilman Harold Heischober H. COUNCIL COMMITTEE REPORT 1. 1986 BOND REFERENDA William A. Schlimgen, Chairman I. 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 one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution to appoint the Director of Finance as the City's Designee re Declarations of Official Intent in compliance with IRS Regulations 26 C.F.R., Section 1.103-18. 2. Resolution approving application to the State Board of Education of Virginia re loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach; and, City to include this amount in its tax levies and appropriate to the School Board of the City of Virginia Beach sufficient funds to meet School Board's debt service on this loan. 3. Ordinance to ACCEPT and APPROPRIATE a $91,850 Grant from the Virginia State Library and Archives to the Circuit Court Clerk's office re equipment and support costs to transfer Land Records to Optical Disks; and, the total appropriation be offset by $91,850 in estimated revenues from the Commonwealth. 4. Ordinance to APPROPRIATE $3,750 from the fund balance of the Francis Land Trust Fund re offset printing expenses of a promotional brochure. 5. Ordinances authorizing TRANSFERS from the Economic Development Investment Program Account to the Development Authority re on-site infrastructure improvements: a. $600,000 - ($300,000 - ($300,000 - C & P Telephone Company's Eastern Virginia Regional Headquarters and Administrative Office Building 1992-1993) 1993-1994) b. $ 15,000 - Ticketmaster-New York, Inc.'s regional headquarters and telephone center. 6. Ordinance to TRANSFER $88,335 from Project 12-984 Seatack Street Improvements-Phase liB re upgraded construction cost of Bells Road. 7. Ordinance to TRANSFER $32,000 within Department of Public Works FY 1991-1992 Budget re purchase of computer-aided drafting and design (CADD) workstation with software; and, eliminate one (1) vacant drafting technician position. 8. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Sea Breeze Point Trail to Robert C. and Judy C. Barker re construction and maintenance of two 4' x 4' brick columns (LYNNHAVEN BOROUGH). 9. Ordinance authorizing tax refunds in the amount of $562.39. J. ORDINANCES 1. FY 1992-1993 BUDGET APPROPRIATIONS a. Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1992 and ending June 30, 1993, in the sum of Six Hundred Sixty-six Million, One Hundred and Forty-three Thousand, Eighty-eight Dollars ($666,143,088) for Operations and Two Hundred Forty Million, Eight Thousand, Seven Hundred Fifty-eight Dollars ($240,008,758) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. b. Ordinance establishing the tax levy on real estate for Tax Fiscal Year 1993. c. Ordinance establishing the tax levy on personal property and machinery and tools for Calendar Year 1993. d. Ordinance authorizing the City Manager to suspend salary increases for employees eligible to receive merits and promotions re Sections 2-109 and 2-110 of the Code of the City of Virginia Beach for the Fiscal Year 1992-1993 as per Section 2-87.1. e. Ordinance authorizing the City Manager to transfer excess appropriations to Reserve for Contingencies re use in funding unanticipated expenditures. f. Ordinance to AMEND and REORDAIN Section 2-109.1 of the Code of the City of Virginia Beach, Virginia, re merit leave. g. Ordinance to AMEND and REORDAIN Sections 8-10, 23-48 and 23-50.1 of the Code of the City of Virginia Beach, Virginia, re unsafe structures, open storage of dilapidated equipment and removal of diseased trees. h. Ordinance to AMEND and REORDAIN Section 31-61 of the Code of the City of Virginia Beach, Virginia, re increased charge for depositing solid waste. i. Ordinance authorizing the City Manager to establish and charge fees re use of computerized dial-up services to access the City's assessment files. j. Resolution authorizing the City Manager to reorganize existing structure of City Operations with continuing analyzation of same. k. Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City of Virginia Beach, Virginia reflecting changes required by reorganization of the City Administration. K. PUBLIC HEARING 1. PLANNING BY CONSENT a. Petition of HOLLOMAN BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. for the discontinuance~ closure and abandonment of a portion of Princess Anne Road on the North side, 439.97 feet East of General Booth Boulevard, containing 4,564 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL b. Application of FIRST FILIPINO BAPTIST CHURCH and ERNESTO ANDRADA, JR. for a Conditional Use Permit for a church and related activities on the South side of Holland Road, West of Monet Drive (2969 Holland Road), containing 2.25 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL c. Application of SAINT LUKE'S UNITED METHODIST CHURCH BOARD OF TRUSTEES for a Conditional Use Permit for a church at the Northeast corner of Holland Road and Stoneshore Road (3396 Stoneshore Road), containing 3 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL do Application of ORTHODOX CHRISTIAN MISSION OF TIDEWATER for a Conditional Use Permit for a church on the East side of Gammon Road, 204 feet North of Indian River Road (824 Gammon Road), containing 31,558 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of M. R. and MARY R. WELCH for a Conditional Use Permit for a contractor's equipment storage yard on the North side of Industry Lane, 270 feet East of Central Drive, containing 1.8 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan to allow townhouse development in lieu of multiple family development on Parcel A-2 on the East side of Bold Ruler Drive, 1564.9 feet South of Dam Neck Road, containing 20.791 acres (PRINCESS ANNE BOROUGH). Deferred: April 14, 1992 Recommendation: APPROVAL Staff recommends DEFERRAL to May 26, 1992 b. Applications of H. WAYNE and BARBARA C. McGRAW re property in the AG-2 Agricultural District at 2860 West Landing Road, containing 30,927.6 square feet (PRINCESS ANNE BOROUGH): Variances to the Subdivision Ordinance: Section 4.4(b) which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance; Section 4.4(d) which requires all lots subdivision to have access to a public street; created by AND, Conditional Use Permit for a single family dwellin9. Recommendation: APPROVE BOTH APPLICATIONS c. Application of TIDEWATER AUTOMOTIVE CENTERS, INC. for a Conditional Use Permit for an automotive repair establishment at 5166 Princess Anne Road, Unit #1, Carolanne Shopping Center, containing 3,300 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of CRW, INC. for a Conditional Use Permit for a borrow pit on the South side of Indian River Road, 2870 feet more or less West of West Neck Road (2765 Indian River Road), containing 35.066 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Applications of PLEASANT ACRES, DEVELOPMENT, INC. for Conditional (PRINCESS ANNE BOROUGH): LTD. and RIVER WALK Zonin9 Classifications 1. AG-1 A~ricultural District to R-7.5 Residential District 600 feet South of Holland Road beginning at a point 550 feet more or less West of Christopher Farms Drive, containing 46.59 acres. 2. AG-1A~ricultural District to R-7.5 Residential District on property 600 feet South of Holland Road beginning at a point 2200 feet more or less West of Christopher Farms Drive, containing 3.34 acres. 3. AG-2 A~ricultural District to R-7.5 Residential District on the South side of Holland Road beginning at a point 550 feet more or less West of Christopher Farms Drive, containing 15.32 acres. 4. AG-2 A~ricultural District to R-7.5 Residential District on the South side of Holland Road beginning at a point 1760 feet more or less West of Christopher Farms Drive, containing 14.32 acres. Recommendation: APPROVE ALL APPLICATIONS L. APPOINTMENTS EROSION COMMISSION GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a® Resolution expressing support for the "Roll Patrol" concept to assist the Police at the Resort Area. (Sponsored by Councilman William D. Sessoms, Jr.) be Resolution to recognize and commend law enforcement personnel and City Prosecutors for superior performance in the case of the tragic murder of two young boys within the City. (Sponsored by Councilwoman Reba S. McClanan) O. ADJOURNMENT 5/7/92 gs MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 12, 1992 Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY MANAGER'S BRIEFINGS in the Council Chambers, City Hall Building, on Tuesday, May 12, 1992, at 12:00 NOON. 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 -2- CITY MANAGER ' S BRIEFING FY 1992-1993 OPERATING BUDGET ITEM # 35570 12:00 P.M. The City Manager referenced proposed amendments to the FY 1992-1993 OPERATING BUIR]ET. In order to provide additional funding to the schools to implement programs proposed in the School Board Budget, the City is proposing a total funding level for the schools of $312,800,160. This would entail utilizing $1,500,000 of the CIP's "Pay-As-You-Go Funding". The fund balance returned to the City from the Schools, currently estimated in the range of $2 to $3-MILLION would be used to refund this "Pay-As-You-Go Funding" and not for any Operating Expenses. This provision shall be incorporated into a Resolution for City Council's Adoption during the Formal Session. AMENDMENTS APPROPRIATIONS: Total Proposed Budget Amount ADDITIONS: Fully Fund the Bookmobile and Restore Positions Match State Environmental Grant Match the State Clean Community Grant, Restore Coordinator Position $ 67,000 15,000 Change COIG Allocations and Provide/Increase Funding as Follows: Samaritan House Resource Mothers Hospice of Virginia Beach WWJudeo-Christian Outreach W~Tidewater Aids Task Force COIG Reserve $19,000 $3o,ooo $ 4,ooo $ 5,ooo $ 275 $ (215) Change Compensation for City and School Employees to 2% on July First with no Cap; AND, 2.5% on January First capped at $1,200; a ~$20 per month increase in Health Insurance · effective on January 1~ 1993. Other Increases to School Operating Budget Total Additions Other Changes: Reallocation of School's CIP Pay-As-You-Go Funding Total Council Amended Appropriations 18,000 58,060 2,411,268 1~300~000 $ 666,143,088 $ 3,869,328 (1,500,000) $ 668~512~416 WCouncilman Jones wished the $20 per month to be utilized as an increase in Health Insurance and not utilized as performance bonuses as proposed by the School. Councilwoman McClanan suggested the overtime be reinstated to the police and firemen. The amount needed to fund the overtime positions of the FLSA be extracted from the Eastern Virginia Medical School, which would entail approximately $400,000 city-wide. Vice Mayor Fentress referenced correspondence from the Eastern Virginia Medical School, which he believed justified the contribution from the City. May 12, 1992 -3- CITY MANAGER ' S BRIEFING FY 1992-1993 OPERATING BUDGET ITEM # 35570 (Continued) E. Dean Block, Assistant City Manager for Economic Management, advised firefighters work a 27-day shift, which means they typically work one 24-hour period at the firestation and then off two 24-hour periods on a cycle of 27 days. Approximately 6 hours are built into this sequence, which, in effect, constitutes "overtime". If a firefighter, took annual leave during one of these 27-day cycles, the firefighter would lose this "overtime". If they did not take annual leave during this 27-day period, the firefighter would not lose his "overtime". Under the Fair Labor Standards Act, certain types of salaried individuals can be defined as not coming under the Act. The City staff reviewed all the Budget Classifications and identified 480 positions in various job classifications ranging predominately in the professional areas and including some supervisory personnel. None of whom are in uniform services. These positions are proposed to be shifted from being Eligible for Overtime to being Ineligible for Overtime. Councilman Sessoms suggested keeping the "overtime" for the "rank and file" employee and transfer these funds from the Contingency fund rather than the Eastern Virginia Medical School. Councilman Heischober expressed concern relative the legality of the City's changes to the FLSA. Mr. Block advised the City Attorney's Office has given guidance to these policy changes. Assistant City Attorney Randall Blow advised the City is conforming to the Fair Labor Standards Act. Councilman Jones referenced correspondence received from Dr. C. Donald Combs, Vice President of Institutional Advancement - Medical College of Hampton Roads, and requested clarification of the 20,000 office visits generated by indigent patients and the cost to the school of $2.1-MILLION. Mr. Block referenced Page 7-2, Section 07014 Contractual Health Services, and cited one of the objectives as being to provide funds for basic pharmacy, laboratory and supply support to serve 2,140 indigent adults in the Adult Medical Clinic sponsored with the Medical College of Hampton Roads. Mayor Oberndorf referenced correspondence from Dr. Edward E. Brickell, President - Medical College of Hampton Roads, in response to contributions to the Medical School. Dr. Brickell advised, relative the contributions of the seven (7) Hampton Roads Cities to the Eastern Virginia Medical School: "The original agreement between the School and the Municipalities had nothing to do with service per se, but rather revolved around the City's willingness to subsidize medical education because of the spin off economic and other benefits accruing to the area." Dr. Brickell, in attendance during the City Council Session, advised the 20,000 office visits generated by indigent patients and the cost to the school of $2.1-MILLION were Virginia Beach residents. ~Mayor Oberndorf referenced her Memorandum requesting funds be provided to the Judeo-Christian Shelter with the $5,000 already existing in the budget for the Hospice support services, no longer in existence, and $275 be transferred to the Tidewater Aids Crises Task Force. Councilwoman McClanan requested an Amendment to a Resolution to reorganize the existing structure of City Operations. Under Section 2-275, Issuance of stop- work orders, page 6, Line 188. Councilwoman McClanan requested the specific reasons for the stop-work order also be stated. May 12, 1992 -4 - ITEM # 35571 BY CONSENSUS, City Council RESCHEDULED the CHESAPEAKE BAY PRESERVATION ACT and CRUISING ORDINANCE BRIEFING to the Formal Session of City Council. May 12, 1992 -5 - CITY COUNCIL CONCERNS ITEM # 35572 Councilwoman McClanan referenced the newspaper articles relative the Police promotional process involving the Sergeant's exam. The City Attorney advised Councilwoman McClanan, under the Code of Virginia, and unless involving specific personnel, a report concerning this promotional process can not be given in Executive Session Therefore, Councilwoman McClanan requested the City Manager provide a report to City Council to enable Council Members to respond to these newspaper articles. May 12, 1992 -6- ITEM # 35573 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, May 12, 1992, at 1:12 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 May 12, 1992 - 7- ITEM # 35574 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 or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Erosion Commission Greenways, Trails and Bikeways Committee Virginia Beach Community Development Corporation City Manager's Water Task Force 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of property for a public purpose - Burton Station Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold 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 May 12, 1992 -8- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 12, 1992 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, May 12, 1992, 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 I NVOCAT I ON: Reverend Paul Kettner Hope Lutheran Church LC-MS PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA May 12, 1992 -9 - Item III-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35575 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. ~nly public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, 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 May 12, 1992 Beso 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 # 35574, Page No. 7, 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. th Hodges Smi-th, CMC/AAE City Clerk May 12, 1992 - 10- Item III-F.1. MINUTES ITEM # 35576 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 28, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., 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 Abstaining: Robert W. Clyburn Council Members Absent: None Councilman Clyburn ABSTAINED as he was not in attendance during the City Council Session of April 28, 1992. May 12, 1992 -11 - Item III-F.2. MINUTES ITEM # 35577 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the PUBLIC HEARING of April 30, 1992. The City Clerk advised Councilman Lanteigne the reason for his absence (Teaching a "Supervisors School" at Longwood College) was made clear during the PUBLIC HEARING of April 30, 1992. Voting: 9-0 Council Members Voting Aye: John A. Baum, 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 Voting Nay: None Council Members Abstaining: James W. Brazier, Jr. and Paul J. Lanteigne Council Members Absent: None Council Members Brazier and Lanteigne ABSTAINED as he was not in attendance during the City Council Session of April 30, 1992. May 12, 1992 -12- Item III-F.3. ABSTRACT OF VOTES ITEM # 35578 ADD-ON Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED ADDING TO THE AGENDA and ACCEPTING as a part of the Public Record: ABSTRACT OF VOTES for the Councilmanic Election of May 5, 1992. Voting: 11-0 Counci 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. Counci Members Voting Nay: None Counci Members Absent None May 12, 1992 City of Virginia Flcach RUTH HODGES SMITH, CMC/AAE CITY CLERK 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 12 May 1992 HONORABLE MAYOR MEMBERS OF CITY COUNCIL The ABSTRACT OF VOTES for the Councilmanic Election on May Fifth was received after the delivery of the Agenda. Since this document does not require Council action, merely to be made a pa~t of the official record, we ask tha~ you add this to the Unfinished Business today. Many thanks. Respectfully, cc: City Attorney Ruth Hodges SmJ~h, CMC/AAE City Clerk ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: , Virginia, at the enter appropriate office title and, if applicable, Borough, District or Ward Total Vote~ ~.~ived Name, of Camt~da~, (In gigure,) ~4ark S_ Oz~ ley ~ Reba S. McClanan 18,153 l~a Ro Oberndarf -~ ~ 1 T.i~ ~ 2 J~V.~ 1 ~~ 2 j~~ 1 (con~ on ~ve~ ,~, if rice'd) we, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this A =opy te~te: 7th day of May, 1992. City of V~r~L~Aa ~-ach enter appropriate office title and, if applicable, Borough, District or Ward ~'racey Dinn~ddZ1. Giles Dodd John Doe Donald Duck Sidney Faucette ~nbert E. Fentress Beth Hauser Christopher M. Haushalter H. ~eischober l~abert I]lgr_ ~, TTT l~l'~d,~ Gall Koepf ~3~h ni mbauqh Delce~o C. )tilos Jc~n b~s May 5, 1992 General Election Page 2 of 3 1 1 1 1 2 1 2 1 1 1 1 1 1 1 1 1 1 1 ~ity of V~'~n~a. appropriate office ~ and, if appI'_,c_~_l~, Borough, Di~trirt or War~ None of ~ r__~._~ Pace H. Ross Perot Paul Andrew Petty Brad Eh,1 ly l~x)bert Purkey ~bert R. Richards Jem~s L. S~ Anna Swinson Va. Beach Is Destroyed May 5, 1992 General Election Page 3 of 3 1 1 ] 2 1 ] 1 1 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, fori Virqinia Beach , Virginia, at the M~mher, City Council (Blaekwater Borough) (1 seat) enter appropriate off-we title and, if applicable, Borough, District or Ward Name, of Candidate, John A. Total Vote~ R~.~ived (It Fig,,res) 22,606 ~G!oria K. Jasinowski 13,500 Delceno C. Miles 16,140 Jack ~Ds 1 A1 P~]ko 1 Robert ~encinigna 1 Pat Bou~hanan 1 E.T. "Joe" Buchanan 1 Buggs ~¥ 1 Robert Ho Cald~ll 1 (continue on reveree ~de, if .eed~d) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this A ~opy te~te: , Chairman '~ Secreta~, E~ctoral B~rd City of V~rgL-Aa ~ F~mber, Cit~ Council (Black~ater Borouqh) enter appropriate offi~ title and, if applicable, Borough, District or Ward Susan Carter T<~,..~ G~iffith Crag Hayer Barbara Henley None of the above NOTA Ruth Platt Pat Robertson Save Va Beach Michael K. St~llinqs May 5, 1992 General Election Page 2 of 2 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: , Virginia, at the M~,~r, City Council (prin~e~ Anne ~rou~h) (1 seat) enter appropriate office title and, if applicable, Borough, District or Ward To~a~ Vot~ ~e~eived Names of Candidate. (In Figur,,) Thc~as W. "T~" Abbott 17,979 Rc~=rt K. De_on J~a.~ Larry, Jr. Louis M~ ]es "Lou" Pace A1 P~]ko Robert Bencinigna J~m~s S. Brent, III E.T. "Joe" ~hanan John Bushnell 3,614 6,677 1 1 1 1 2 1 we, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this A ~'oFy teste: 7th day of May, , Chairman , Vice Chairman · Secretary Secretary, Electoral Board City of v~'~a ~ Member, City Council (Pr~ _-o=~ Aon~ Bor~h) enter appropriate office title and, if applicable, Borough, District or Wa~d Walter Carter Edd Davin Patricia Dickerson ~ John Doe D~nald Duck J~nes Hetfield Rob Johnson Lar-y J(x~s, Jr. Dary] Le~mard May General Page 2 1 2 1 1 2 1 2 1 1 1 4 1 City of b~dner, City Council (Princess Anne Borough) enter appropr~te office title and, if applicable, Borough, District or Ward ara,.., .f c~.~t,, None of the above C~_ parker Ross Pex-oL. Danielle Stephens David R. winik~-r May 5, 1992 General Election Page 3 of t., 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: , Virginia, at the l~yor enter appropriate offire title and, if applicable, Borough, Di~tri~ or Ward Total Vota ~ceived Names of C~~ ~n ~s) ~k s. r~ ~e_v ~ Reba S. l~k~Cl~ 18,153 Bozo 1 r.~ Branch 2 J~ar~_s V. Card 1 Ri. girard Cranium 1 Edd ~ 2 John Denver 1 (¢ont'inue on rever~, ,~le, if ri,cried) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Meyera E. Oberndorf Given under our hands this A cop:/t~te: 7th day of May, 1992. ~~ , Chairman ~' ~~ce Cha~r~l~n ,J~.¢~ 4. ~l~~ Secretary, Electoral Board City of Virginia Beach Ma~o_ r enter ~ppropriat~ off~ ~ and, if ~ppli~a~le, Borough, Di, tri~t or W~d Tracc~ DJ_rmw~ G~les Dodd John Doe Donald Duck Robert B. Engesser Sidney Faucette Robert E. Fentress Christopher M. Haushalter Ho He±schober Anne J. ~ John Moss May 5, 1992 General Election Page 2 of 3 1 1 1 1 2 1 2 1 1 1 1 1 1 1 1 1 1 1 ~ity of enter appropriat~ offi~ title ~ ~f a~pli~able, Borough, District or Ward Nnn~_ of ~ NOTA Lou Pace It. Ross Perot Paul Andrew Petry Brad 1~1 ly Robert Purkey Robert R. Richards Marry. ~ J~m~_s L. SJim~ns Dr. George Sweet Angela Swinson Va. Beach Is Destroyed May 5, 1992 General Election Page 3 ...of,_~._ 1 1 ] 2 1 ] 1 1 ] .- 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, fori Vircl'i ni a Beach , Virginia, at the ~r, City c~,,~i~ (B~ackwater eorough) (1 se~.,t) enter appropriate office tf~e and, if applicable, Borough, District or Ward Namee of Candidatea John A. Tota~ Vote~ 22,606 G1 oria K. Jasinowski 13,500 Delceno C. Miles 16,140 Jack ;~os 1 A1 P. al ko 1 Robert Ben~inigna 1 Pat Bouchanan 1 E.T. "Joe" Buchanan 1 Buggs Bunny l Robert H. Cald~ell 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this __ A copy te~te: · Chairman ~ Vice Chairman City of v~rgL~a Edd Davin John Doe Mary Jo Engesser Goofey T~t,wf G~iffith ~g ~ Barbara ~enley None of the above R~th Platt Pat P~bertson Save Va Beach Michael K. S~]]inqs May 5, 1992 General Election Page 2 of 2 1 1 2 1 1 1 1 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: virginia ., Virginia, at the enter appropriate office title and, if appli~:able, Borough, Di~tri~ or Ward Total ~rot~ (/n F/gure,) 17,979 Robert K. Dean ~ Jooa~ La, ay, Jr. 3,614 Louis Miles "Lou" Page 6,677 A1 1:~ 1 kj~ 1 J~4 S. Brent, III i E.T. "Joe" [~.hanan Jdqn~ 1 2 1 rev, rs, rid,, if ri,cried) we, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this A ~1~' ~este: 7th day of May, · Chairman ~ Vice Chairman · Secretary Secretary, Electoral Board City of virginia Be-rich ~e~., City Council (pr~e_$s Anne ,nter appropriate office tit~ and, if applicable, Borough, District or Wa~d Walter Carter Edd Dav/n Patricia Dick~rson ~ John Doe Donald Duck Cathy A. Enqesse~ TC..y Griffith Jc/m L. Hargrove Jazes F~=tfield Tyrone Hicks Rob Johnson Larry Jc~es, Jr. May 5, 1992 General Election Page 2 of 3 1 2 1 1 1 1 2 1 2 1 1 1 4 1 City of ~,.~.~e_r~ City C~_~-~ (Princess Anne Bo~) ~nt~r appropriat~ office ~ and, if appllcable, Borough, Di~trivt or Ward N01~e of t~ above C~_ parker Ross Pe~o t Danielle Stephens David R. winiker May 5, 1992 General Election Page 3 of 3 ,, 1 1 1 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: Virginia Beth , Virginia, at the F~mber, City Council (Virginia Beach Boom,h) (1 seat) er~ter appropriate office titls and, if applicable, Borough, Di~trigt or Ward N~m.~s of Co~d~e ~'otal Fotes It~ivsd TArrw{Dod O. Branch, III Robert E. Fentress 25,497 20r733 A1 Balko 1 Ja~es A. Brent. III 1 E.T. "Joe" Buchanan 1 Bullwinkle 1 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Branch, III Given under our hands this 7th __ day of May, 1992.~ , Chairman Vice Chairman Secretary Secretary, Electoral Board City of virginia Be~ch I~mber, City Council ( Virginia Beach Borough) enter appropria~ off~ title and, if applicable, Borough, District or Ward May 5, General Page 2 of 3 A.J. Canada, _~r. John Doe Donald Duck Jerry Garcia GPY am~ J. ~ Tc~y House Ev~ett R. Johnson, Jr. 1 1 1 1 '1 1 2 1 1 2 1 1 1 1 1 1 1 1 City of M~mher, City Council (Vi~finia Beach Borough) ~ttr appr~priat~ o~ ~ and, if applh:a3l~, Borough, Dittriat or Ward Marl~n~ Mickey Mouse ~_Nc~e~ ~_ of the above B~ S. Simpers Micb~=.=l K. Stallings ' May 5, 1992 General Election Page 3 of 3 1 3 2 1 1 1 1 ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: Virginia , Virg~.ia, at the ~, City Counc__-!! (At ~arqe) ( 1 seat ) enter appropriat~ offi~ title and, if applicable. Borough. Di~tri~ or Ward Na.~e .f Joshua F. Edwards, Sr. F. Te~L,'y Elliott John D. ~oss John O. P~e, Jr. Naehan D. Rohr Total Vot~ 6,628 .._ 3,278 2,356 16,432 1,803 748 1 1 (continue on ~, s~, We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Given under our hands this 7th day of May, 1992.~ ~ ..~//~ ~/'] ~ , Chairman City of virqinia Beach M~b~r, City Council (At Large) enter appropr~e offu~ tLt~e and, £f applicabl~, Borough, Di~tr~t or Ward J~m~_s A. Brent, III Jerry Brown E.T. "Joe" Buchanan Robert H. Cald~ll Norman W. Carrick Ted Case John E. Creekmore, Jr. Gregory J. Daubner Edd Davin Robert Dickerson John Doe Dorothy J. Engesser Rimer Fudd Patricia Griswald Craig Hayer Tyrone Hicks Chris Holland Dockery Lambert May 5, General Elec~i0:a Page 2 of 3 1 1 1 1 1 1 2 1 1 1 1 City of virginia Be~h M~mber, City Council (At Large) en~r ap. propri~e off-~ ti~2e and, if appllca~le, Borough, Di~tri~ or Ward ~,~h T.i ~haugh Jim Lock Barbara Luna Mickey Mouse None of the above NOTA S. Catherine Parker Ruth Platt Michael Joseph Posta J~-g L. Sim~xaus P. R~phx3el W. Stephens, III Peggy Stoneham Thcmas P. Thorpe Michael Tcpliff Va. Beach ~ds Leader May §, 1992 General Election Page 3 of 3 1 ] 1 1 1 1 1 1 1 1 1 1 1 J~-~ Dwight Watts I .J~B~STRACT OF VOTES cast in the City of May 5, 1992 General Election, for: Virqinia Be~-h , Virginia, at the bi=tuber, City Counc~ (Virginia Beach Bcxou~h) enter appropriate offi~ title and, if applicable, Borough, District or Ward Names of Ca. didates T.i~ O. Branch, III (1 seat) Tot~ Votes Received 25,497 Rct~ertE. Fentress 20,733 F~d .~_h~ols 1 A1 Balko 1 1 j~m~ A. Brent, TTI 1 Kat~ L. Bryan 2 E.T. "Joe" Buchanan 1 Bullwinkle 1 (continue on reverse side, if nceded) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: T.inm~od O. Branch, III Given under our hands this -- 7th day of May, 1992. Chairman Vice Chairman Secretary Secretary, Electoral Board City of, Virqinia Bem~-h Member, City Council ( Virginia Beach ~) enter appropriate office title and, if applicable, Borough, District or Ward MaryReid Burrow ~ H. Cald~ell A.J. Canada, jr. S~=I dnn Corner Edd Davin Georgette Constant Davis John Doe Donald Duck Jerry Garcia Tony House Everett R. Johnson, Jr. May ~5~ 't. 99~a General ~Lx~a:io (.~, Page 2 0f :~ 1 1 1 1 1 1 2 1 1 2 1 1 1 1 1 1 1 1 City of W~mher, City Council (Vi~inia Beach Borough) en2~r appropr/a~ o/Tu~ tithe and, if applicable, Borough, District or Ward Mar!en~ )tnre~_~ May 5, 1992 General Election Page 3 of 3 1 3 2 1 1 1 1 'ABSTRACT OF VOTES cast in the City of May 5, 1992 General Election, for: Viroi ni ~ B~h , Virg~-ia, at the b~-9~r, City Co--il (At Larqe) ( 1 seat ) enter appropriate of J~e title and, if applicable, Borough, District or Ward Total Vote~ 6 ~ 628 Sheldon L. Corner ~ Joshua F. Edwards, Sr. 3,278 F. Te~-ryElliott 2,356 Harold Heischober 15,635 John D. Moss 16,432 John O. Parmele, Jr. 1,803 Nathan D. Rohr 748 (continue on rever~ ,ide, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: John D. Moss Given under our hands this 7th Secretary, Electoral Board City of virginia ~ M~ber, City Counc±l (At Large) enter appropriate office title and, if applicable, Borough, District or Ward May 5, General Elect:fo~_~ Page 2 of James A. Brent, III Je~ry Brown E.T. "Joe" Buchanan ~obert H. Cald~ell 1 1 1 1 John E. Creekmore, Jr. Gregory J. Daubner Edd Davin Robert Dickers~ John Doe Dorothy J. Engesser Patricia Griswald Craig Hayer ~ Hicks 1 1 2 1 1 1 1 City of virginia _~h F~mber, City Council (At Large) Jim Lock Bar~a Luna mckey S. Ca~h~_rine Parker Rnth Platt Michael Joseph Posta B__~;~;a~l W. S~, III Pe~y St~neham ~hc~as P. Thorpe Michael Topliff Va. Beach ~-~ds I~ader May 5, 1992 General Election Page 3 ...of 3 1 1 1 ] 1 1 1 1 1 1 1 1 1 1 1 -13- Item III-G.1. PRESENTATION ITEM # 35579 ADD-ON Mayor Oberndorf introduced Bobble Elizabeth Burns in attendance during the City Council Session. Miss Burnes is an Extern from the University of Virginia's Program Evaluation/Career Placement and is assisting the Mayor's Office and is sponsored by the City Clerk as a Volunteer. May 12, 1992 Item III-G.2. - 14 - PRESENTATION ITEM # 35580 RESOLUTION Councilman Heischober read into the record the Resolution (sponsored by Mayor Oberndorf and Councilman Heischober) recognizing HOWARD S. MYERS, JR. for his creative and tenacious ability, dedication to purpose and commitment to the City of Virginia Beach and PROCLAIMED: SAM MYERS DAY May 12, 1992 Mayor Oberndorf extended appreciation to Sam Myers and his lovely wife, Loretha, for his dedication, commitment and unselfish service. Mayor Oberndorf advised Virginia Beach's loss is going to be California's gain. Sam Meyers ACCEPTED the Resolution on behalf of himself and his wife of forty- eight years, Loretha. Mr. Meyers extended best wishes to Vice Mayor Robert E. Fentress, Councilwoman Reba S. McClanan and Councilman Harold Heischober as they go into their new phase of life in July, and that they will look back with satisfaction and pride on all their accomplishments for the City of Virginia Beach. Mr. Meyers also extended appreciation to Ruth H. Smith, CMC/AAE, City Clerk, and Robert J. Scott, Director of Planning, for their services over the years. The City was fortunate to have these fine individuals. Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council ADOPTED: Resolution proclaiming SAM MEYERS DAY, May 12, 1992 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 May 12, 1992 - 15 - Item III-H.1. PRESENTATION 1986 BOND REFERENDA ITEM # 35581 Cynthia Davenport, Member - Bond Referendum Committee, in the absence of William A. Schlimgen, Chairman, reported on expenditures and obligations incurred by the City through March 31, 1992. Relative the 1986 Highway Referendum, Ferrell Parkway, Independence Boulevard, Indian River Road, Northampton Boulevard, General Booth Boulevard and two Lynnhaven Parkway projects are complete. In the Fiscal Year 1991-92 Capital Improvement Program, two new projects were scheduled for funding from the 1986 Highway Referendum Bonds. These additional projects are Centerville Turnpike, Phase I-1, and Independence Boulevard, Phase IV-A. Due to a surplus of funds after completion of the original referendum projects, the addition of these new projects was possible. Of $40,000,000 authorized, 91.9%, or $36,776,299, has been contracted. Concerning the 1987 Recreation Center Referendum, the Great Neck and Bow Creek facilities are open to the public. The Bayslde project opened April 23, 1992. The Princess Anne Community Center project is 7.6% complete. Through March 31, 1992, $32,564,373, or 99.1%, of the $32,850,000 total has been contracted. Relative the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood, and Glenwood Elementarles. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbrldge (formerly London Bridge) Elementary School have been acquired. Construction is scheduled to begin on the Ocean Lakes High School and Corporate Landing Elementary School projects in June and July 1992, respectively. Funds totaling $29,826,591, or 92.3% of the $32,310,000 authorized, have been contracted. Concerning the 1989 School Referendum, because of the Various School Site Acquisition, Ocean Lakes High School and Corporate Landing Elementary School projects also have 1986 School Referendum funding. Work is complete on the original thirteen elementary school gymnasium additions and an architect has been hired for design of a gymnasium addition at the Old Donation Center for the Gifted and Talented. Work is complete on Strawbrldge Elementary and the Bayslde and Kellam High School modernizations. Construction of the Tall~ood High and Landstown Elementary and Middle School projects is 66% and 64% complete, respectively. Of $68,375,000 authorized, $61,323,174, or 89.7%, has been contracted. Work on the 1988 Lake Gaston Water Resource Project Referendum, had been delayed by court injunction requiring the City to await an approval from the Federal Energy Regulatory Commission. However, in December 1991, a federal appeals court ruled construction could begin on the overhead crossings (Contract B1) and the below-ground portion of the pump station (part of Contract D1). Bids were received March 1992 for Contract B1 and are expected to be received May 1992 for the authorized portion of Contract D1. Of $200,000,000 authorized, $17,799,385, or 8.9%, has been contracted. May 12, 1992 CITY - 16- MANAGER 'S BRIEFING CHESAPEAKE BAY PRESERVATION ACT ITEM # 35582 Louis E. Cullipher, Director - Natural Resources and Rural Services, advised the purpose of the Chesapeake Bay Preservation Act is to protect the water quality of the Bay and tributaries. The Chesapeake Bay Preservation Act was enacted by the General Assembly in 1988 with final regulations adopted in November 1990. The City's Chesapeake Bay Preservation Ordinance was effective January 1991. In July 1991, City Council adopted Amendments to the Ordinance to make the program easier to administer. As part of the State's Act, the Chesapeake Bay Local Assistance Department gives authority to promulgate regulations through the consistency review process. This process is required for all localities in the Chesapeake Bay Program. The purpose of this review process is to be assured all localities in line with the State's regulations. During review of the program, the Chesapeake Bay Local Assistance Department found several areas of inconsistency in the City's Ordinance. The City staff, working with the State, has developed recommendations with respect to revising the Ordinance that will address the State's concerns. The Chesapeake Bay Local Assistance Board Southern Area Review Committee met on April 24, 1992, to review the City's recommendations. The Committee voted to recommend to the full board the City's program be deemed provisionally consistent. This is based upon the City Council's adoption of regulations to correct the inconsistencies and eventually revising its ordinance to reflect these recommendations. Consistency Issues Issue: The City's designated Resource Management Area (RMA) does not encompass a land area large enough to provide significant water quality protection. Recommendation: The City will designate the entire Chesapeake Bay Watershed as a Chesapeake Bay Preservation Area. Those areas which are not specially designated as Resource Protection Areas (RPAs) would be Resource Management Areas (RMAs). Issue: The City's definition of Nontidal Wetlands does not include all hydric soils in the City that could possibly support nontidal wetlands within the Chesapeake Bay Preservation Area watershed. Recommendation: The City will work closely with the State in order to resolve the definition regarding nontidal wetlands and a recommendation will be forthcoming. Issue: In Section 111, the nonconforming use does not specifically include any requirements for erosion and sediment control for land disturbances of 2500 square feet or more. Recommendation: Revise Section requirement. 111 to include this Issue: The Department is of the opinion that swimming pools in the Resource Protection Area (RPA) should not be exempt and should only be allowed in the Resource Protection Area (RPA) by allowing an exception to the criteria. Recommendation: The City will amend the Ordinance to eliminate swimming pools as an exemption. May 12, 1992 - 17- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESERVATION ACT ITEM # 35582 (Continued) Issue: The City adopt a new definition for redevelopment that is related to the impervious surface. Recommendation: The City will adopt a new definition in the Ordinance which identifies threshold for redevelopment tied to impervious surfaces. Issue: The Department has suggested that the City AMEND Section 106 to insure that water dependent facilities are required to comply with all performance standards. Recommendation: The City will AMEND Section 106 by adding development related water dependent facilities shall comply with all the performance criteria in Section 108. Administrative Issues Issue: The City should clarify the default load that the City is using for compliance with the Stormwater Management criteria in the Ordinance. In lack of data, 16% can be utilized as percent impervious cover. Recommendation: The City will amends Section 108 and 109 to define the calculation procedures and defaults to be used in determining compliance with nonpoint source pollutant load criteria. Issue: The Intensely Development Areas (IDA's) were not designated by the City but the qualifying provisions were included in the adopted ordinance. The City may not now designate IDAS. Recommendation: Remove the Intensely Development (IDA's) from the Ordinance. Areas Issue: The Ordinance does not include a definition for public roads or reflect the Board's Chesapeake Bay Local Assistant revisions to the Final Regulations effective October 1, 1991. Recommendation: The City will AMEND the Ordinance to include the definition of public roads, to be included in the required section of the Final Regulations. Mr. Cullipher displayed on the overhead the proposed definition of public roads: Sec. 103 Definitions A publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to (i) The Erosion and Sediment Control Law (Section 10.1-560 et. seq. of the Code of Va.) and (ii) The Virginia Stormwater Management Act (Section 10.1-603 et. seq. of the Code of Virginia). This definition includes those roads designed, constructed and maintained by a governmental or other public agency. May 12, 1992 - 18- CITY MANAGER'S BRIEFING CHESAPEAKE BAY PRESERVATION ACT ITEM # 35582 (Continued) Michael L. Smiley, ASLA, Landscape Architect, Chesapeake Bay Local Assistance Department, advised there are opportunities through the State's Grant Program to apply for funds to assist in financing the protection of the environment concerning implementation for the criteria relative the Stormwater Act. Proposed Amendments to the Chesapeake Bay Preservation Ordinance are SCHEDULED for the City Council Session of May 26, 1992. May 12, 1992 -19- Item II1-1. CONSENT AGENDA ITEM # 35583 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 a/b/, 6, 7, 8 and 9 of t~e CONSENT AGENDA. 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 May 12, 1992 - 20 - Item II1-1.1. CONSENT AGENDA ITEM # 35584 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution to appoint the Director of Finance as the City's Designee re Declarations of Official Intent in compliance with IRS Regulations 26 C.F.R., Section 1.103-18. 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 May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION FOR APPOINTMENT OF A CITY DESIGNEE FOR DECLARATIONS OF OFFICIAL INTENT UNDER IRS REGULATIONS 26 C.F.R. § 1.103-18 WHEREAS, in order for the City to be reimbursed for capital expenditures made before a bond is issued, the City must comply with IRS reimbursement regulations; WHEREAS, the Internal Revenue Service recently released the final version of reimbursement regulations; WHEREAS, the new regulations will apply to bonds issued after March 2, 1992; WHEREAS, the new regulations will require the City to issue declarations of formal intent to be reimbursed from bond proceeds before making expenditures in order to be reimbursed from bond proceeds; WHEREAS, it is anticipated that the City will need to execute a number of declarations of official intent for its capital expenditures on an ongoing basis each year; and WHEREAS, the new regulations provide for the City to appoint designees with regard to the declarations of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Director of Finance of the City of Virginia Beach is hereby appointed as the City's designee under 26 C.F.R. Section 1.103-18. 2. That this resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. CA-4654 ORDIN\NONCODE\BONDS.RES R-3 DEPARTMENT AI:~ROVED AS TO LEGAl SUFFICIENCY AND FORM CITY ATTORNEY - 21 - Item 111-1.2. CONSENT AGENDA ITEM # 35585 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Resolution approving application to the State Board of Education of Virginia re loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach; and, City to include this amount in its tax levies and appropriate to the School Board of the City of Virginia Beach sufficient funds to meet School Board's debt service on this loan. 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 May 12, 1992 RESOLUTION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, Section 22.1-146 of the Code of Virginia of 1950, as amended, authorizes the Board of Education to make loans from the Literary Fund to the School Boards for the purpose of erecting, altering, or enlarging school buildings; WHEREAS any indebtedness owed by the School Board for the City of Virginia Beach, Virginia, to the Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, Virginia, under Section 22.1-161 of the Code of Virginia of 1950, as amended; WHEREAS, Virginia Code Section 22.1-158 requires that the City shall include in its tax levies and appropriate to the School Board funds sufficient to meet the School Board's debt service on these loans; WHEREAS, officials of the School Board for the city of Virginia Beach, Virginia, have prepared an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,500,000 for an elementary school located in the Princess Anne Borough off Dam Neck Road and Corporate Landing Parkway, to be paid in 20 annual installments and the interest thereon at 3 percent paid annually; and WHEREAS, City Council desires to support this request and believes it to be appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the application to the State Board of Education of Virginia for a loan of $2,500,000 from the Literary Fund to the School Board of the City of Virginia Beach is hereby approved. 2. That the City include in its tax levies and appropriate to the School Board of the City of Virginia Beach funds sufficient to meet the School Board's debt service on this loan. 33 34 35 36 This resolution shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May . , 1992 37 38 39 CA-4645 ORDIN \ NONCODE \ LITERAR2. RES R-1 V.A. 005 1186 Name of School No, APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Corporate Landing F'lemen+ar'y R~_hnnl Name of County-City Virginia Beach To THE STATE BOAR~ OF EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the ~-Gity of .u!rg!r.!z Ess-ch hereby makes application for a loan of $ 2,500,000 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) a school building located at Princess Anne 8orouoh, Va. Beach. VA , as follows: (Describe .briefly) The 18,782 acre site Is located off Dam Neck Road and Corporate Landino Parkway. The Darcel ls more fully described in Deed Book 2946, Page 721; Map Book 206, Page 1.. 1. The said building, addition, or permanent improvement described above, to be of 8rick and concrete masonry (Type of construction, brick, frame, etc,) will be used as a .__~lementary School building, and is estimated to cost $ 8,603~000 . (Elem., H. $., Comb. Elem. & H.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ Not Aoallcable 3. There is at present a loan from the Literary Fund on this Not Appl lcable of $. No~c AppI lcahls, (Building or school plant) in the amount 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains 18o 782 acres, of which 18. 782 acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the SUperintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with. hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. 7. The proposed building, additio~ or permanent improvement, is desirable because: (Explain briefly) This school will house approxlmatelr ~ students resldin~ in the General Booth coor ldor. Without thls school, crowded conditions will cont]3~ to Impact surroundinq elementary schools, 8. The .present total indebtedness c~ the County-City for school buildings is $ 149, 452~ 626 , of which $ ~ '~: 030: ~a~ is owed to the Literary Fund. 9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: Not ^pp I i cab I e 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) No'~ ^ppllcab l e 12. This loan is to be made for~20 years, and is to be paid in 20 annual installments, with interest at Sm20 5to~0 the rate of 3 per centum .per annum, payable annually. .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. / Given under my hand this the 14 day of Apr I I ,19 92 . ATTEST: SEAL (2) AT ,~ M£ETINO of the Board of Supervisors for the County of for the City of Vlrglnla Beach ., held in the said County or City on the ., 19~. or the Council day of WHEREAS, The School Board for the County of ,, or City of Vlrglnla Beach ~ on the __ __ day of , 19 , presented to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $ 2,500,000 for the new school building (or for adding to or improving the present school building) at Corporate Landing ., to be paki in 20 .annual installments, and the interest thereon at Elementary School 5 to 20 per cent paid annually. RESOLVED, That the application of the County or City School Board to the State Board of Education of Virginia for a loan of $__2,~5_0.0~ from the Literary Fund is hereby approved, and authority is hereby granted the said County or City School Board to borrow the said amount for the purpose set out in said application. The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by I.aw regulating loans from the Literal' Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the County of __ or the Council of the City of ¥1rglnla Beach ., Clerk SEAL BOARD OF SUPERVISORS FOR THE COUNTY OF COUNCILFOR THE CITY OF Vlrginla Beach (s) ATTORNEY'S CERTIFICATE OF TITLE THIs Is TO CERTIFY that I, or Attorn.ey for the Commonwealth for Attorney for V l r'0 ! n ! ~ R~eh of Virginia Beach E I I zabe'~h E. Fox , a qualified and competent attar, County or City, or the City or County have examined the title of the School Board or Governing Body County or City, Virginia w that certain lot, parcel or tract of land re- ferred to in the attached application, and that the School Board of Virginia Beach , or the Governing Body of , has a fee simple title to said land, and the same is free from encumbrances, except as noted in attached summary. Executed this ,ff'~ day of ~27~ Attor.~y for the Co~mo~ealfi~3for Viroinla Beach Attorney, or City or County County or City CERTIFICATE OF THE CLERK OF COURT Wvxv-~r~s, the school board of the governing body of wvgrn)~ R~_~_h __ owns ~._-: 7_~2 acres of real estate in county or city of Vir 12!_l_l_l_l_l_l_l~_flm~.ch ~ Virginia, on which to erect the ~chool building described in this application. The title deed to this property is recorded in the clerk's office for county, or Vlrqlnla Beach __ city, in deed book number 2945 ~ page 72! map book number 206 , page 1 __., book number __ --, page any-. That the title to the real estate has been examined and approved in writing by the attorney for the Commonwealth, the county or city attorney or other competent attorney and his report filed with the clerk of the court. Two. That the certificate of the attorney examining thc title shows that the school board or the governing body of Virginia Beach has a good and sufficient tide in fee simple to the real estate subject to the (following) (no) encumb~'ances (note encumbrances, if any). Given under my hand this the 6th day of May ~ ~ . _ , ~ hundred and 9 2 .,'~.,'-~ Clerk ./ ¢ircul'l' ~ court of Virginia Beach County or City SEAL .THIs APPLXCa~OI~ has been reviewed and checked against "Minimum Requirements and Standards for School Buildings." Date Associate Director o[ Energy & Facilities Services Attorney's Certificate of title and this application approved this, the __ day of 19,__ Attorney General, o[ Virginia Approved by the State Board of Education, For Secretary State Board o! Education (4) STATEMENT OF THE COUNTY OR CITY TREASURER 1. Assessed Value of Real ahd 'Personal Property, subject to taxation for county school purposes at date of this report. Real Estate ........................ ~.2..9./..9..2. ................................ $16,402,509,528 Tangible Personal Property ........ 9./_.3.0.~9.~: ................................................................................................................................................ $ 1,216,538, 44? Public Service Corporations ........ 6../....3.9../..~.!.. ................................................................................................................................................ $ 488,28?, 602 Total ............................................................................................................................................................................................................................. $18,107,335, 5?? 2. Income of the County or City for school purposes for current fiscal year: County School Levy $ '- Cash Appropriations (local) FY 91-92 $ 184,328,083 Db~rlct. L~'Aes School.. Capital...P~oj ects ............................................................................................................................ $ 2,262,426 Total ' ..................................................$ 186t 590t 509 3. Indebtedness of County or City (including districts) for school purposes at date of this report: Literary Fund Loans ................................................................................................................................................................................................ $. 13,030,546 Long-Term Bonds ...................................................................................................................................................................................................... $ 136¢422,080 Temporary Loans .......................................................................................................................................................................................... $. ~' Total ............ ..2~.2.9~.~ ................................................................................................................................................................................ $. 149,452,626 4. Record of School Bonds Outstanding (not including Literary Fund Loans): Long-Term School Bonds: Please see attached, Date of Issue Maturity __ Rate of Interest .~ Date of Issue Maturity __ Rate of Interest ~ Date of Issue Maturity Rate of Interest ~ 5. Payments for Indebtedness from school funds for current fiscal year: (Include those to be paid ,before end of current year.) To Literary Fund of Virginia, including Interest .......................................................................................................................... $ 995,000 To Sinking Fund for Retirement of Long-Term School Bonds ......................................................................................... $ x- . Long-Term School Bonds paid, including Interest ........................................................................................................................ $ 19,309, 08_3 Total .................................................................................................................................................................................................................... $ 20,304,083 Temporary Loans Paid .......................................................................................................................................................................................... $ ' (¥-" ' Total Indebtedness Paid ..... ..t~_§~3.0,~5...2 ............................................................................................................................. $ 20,304,083 I certify that the above is a true statement concerning the school fu: for the year 1991__ - 1992, according to the records of my office. lVirm~n~m Date f~,[ 37 ] q a} 2 for Virginia Bnae_h (5) County or City Trea$u~r City of Virginia Beach, VA School Bonds Outstanding Bond Issue Maturity Rate of Issue Date Date Interest 1972-A School 09/01/72 1972-B School 06/01/73 1974 Public Improvement 11/01/74 1975 Public Improvement 12/01/75 1976 Public Improvement 12/01/76 1977 Public Improvement 12/01/77 1978 Public Improvement 12/01/78 1979 Public Improvement 11/01/79 1980 Public Improvement * 02/01/82 1981 Public Improvement * 02/01/82 1982 Public Improvement ** 12/01/82 1984 Public Improvement ** 07/15/84 1985 Public Improvement 02/01/85 1985 Pub Impr. Refunding 11/15/85 1986 Public Imorovement 05/01/86 1986 Pub Impr. Refunding 09/01/86 1987 Public Improvement 05/15/87 1988-A Public Improvement 04/15/88 1989-A Public Improvement 10/01/89 1990-A Public Improvement 06/01/90 1991-A Public Improvement 03/01/91 1991-A Va Pub School Auth 07/31/91 1991-O Public Improvement 08/01/91 09/01/92 5.094909% 06/01/94 4.905989% 11/01/92 5.8219% 12/01/95 6,1031% 08/01/96 4.803472% 10/01/97 4.9517% 10/01/98 5.6296% 11/01/99 6.374941% 12/01/91 11.885% 12/01/91 11.885% 11/01/02 9.5333% 07/15/04 9.336614% 02/01/01 8.210425% 12/01/97 7.577744% 05/01/06 6.95958% 07/15/04 7.042% 05/01/07 7,016016% 04/15/08 6.864797% 10/01/09 6.952442% 06/01/10 6.95286% 03/01/11 6,587601% 07/15/11 6.447% 08/01/11 6.359438% * A portion of this issue has been refunded Refunding Bonds, dated 11/15/85). ** A portion of this issue has been refunded Refunding Bonds, dated 09/01/86). (1985 Public Improvement (1986 Public Improvement Item 111-1.3. - 22 - CONSENT AGENDA ITEM # 35586 Upon motion by Vice Mayor Fentress, seconded Council APPROVED: by Councilman Sessoms, City Ordinance to ACCEPT and APPROPRIATE a $91,850 Grant from the Virginia State Library and Archives to the Circuit Court Clerk's office re equipment and support costs to transfer Land Records to Optical Disks; and, the total appropriation be offset by $91,850 in estimated revenues from the Commonwealth. 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 May 12. 1992 1 2 3 AN ORDINANCE TO ACCEPT AND APPROPRIATE $91,850 FROM THE COMMONWEALTH OF VIRGINIA LIBRARY AND ARCHIVES 4 5 6 WHEREAS, the Clerk of the Circuit Court of the City of Virginia Beach has responsibility for maintainenance of public records, including Land Records for the City, WHEREAS, Land Records from September 1952 to July 1964 were recorded by a photostatic process, which is found to be deteriorating, rendering these documents fading and of finite life, 10 11 12 13 WHEREAS, the Clerk of the Circuit Court has applied for and received a two year grant from the Virginia State Library and Archives for equipment and support costs to transfer all these Land Records to optical disks for preservation, 14 15 16 17 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $91,850 from the Virginia State Library and Archive be accepted and appropriated, and that estimated Revenue from the Commonwealth be increased by $91,850. 19 20 This ordinance shall be effective from the date of its adoption. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of May , 1992. APPROVED ,AS TO CONTENT OFFICE OF BUDGET AND EVALUATION - 23 - Item 111-1.4. CONSENT AGENDA ITEM # 35587 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Ordinance to APPROPRIATE $3,750 from the fund balance of the Francis Land Trust Fund re offset printing expenses of a promotional brochure. 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 May 12, 1992 AN ORDINANCE TO APPROPRIATE $3,750 IN THE FRANCIS LAND HOUSE TRUST FUND FOR THE DEVELOPHENT OF A PROMOTIONAL BROCHURE 4 5 WHEREAS, the Friends of the Francis Land House have generated revenues through fund raising sales and events, membership dues, and cash donations; 6 7 8 WHEREAS, the Friends of the Francis Land House would like to use $3,750 of the revenue to assist in the development a four-color promotional brochure that will attract visitors to the site and promote membership; 9 10 11 WHEREAS, $3,750 is requested to for the purpose printing expenses for the brochure with funds provided from private donations residing in the Francis Land House Trust Fund; 12 13 14 15 NOW THEREFORE, BE IT ORDAINED BY THE GOUNGIL OF THE GIT OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $3,750 be appropriated from the fund balance of the Francis Land Trust Fund to offset printing expenses of a promotional brochure. 16 This ordinance shall be effective from the date of its adoption. 17 18 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th May of , 1992. APPROVED ~ TO CON'rENr C'i:]~CF OF ~ubuE ~ AND EVALUATION Item 111-1.5.a.b. CONSENT AGENDA ITEM # 355 88 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Ordinances authorizing TRANSFERS from the Economic Development Investment Program Account to the Development Authority re on-site infrastructure improvements: $600,000 - C & P Telephone Company's Eastern Virginia Regional Headquarters and Administrative Office Building ($300,000 - 1992-1993) ($300,000 - 1993-1994) 15,000 Ticketmaster-New York, Inc.'s regional headquarters and telephone center. 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 Do Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $600,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964 (as amended) (the "Acts"); WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City] ". WHEREAS, the Department of Economic Development, on behalf of the Authority, has induced C & P Telephone Company to locate its 132,000 square foot Eastern Virginia Regional Headquarters and Administrative Office Building in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide C & P Telephone Company $600,000 to underwrite a portion of the on- site infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY 1990-91/1994-95 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on April 21, 1992, the Authority, by a vote of 7-0, determined that the provision of the aforementioned incentive to C & P Telephone Company would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer funds in the amount of $600,000 from the Economic Development 35 36 37 38 39 40 41 42 43 44 45 46 Investment Program Account to the City of Virginia Beach Development Authority to enable the Authority to provide $600,000 to C & P Telephone Company to underwrite a portion of the costs of on-site infrastructure improvements to C & P Telephone Company's Eastern Virginia Regional Headquarters and Administrative Office Building to be located in the City of Virginia Beach. BE IT FURTHER RESOLVED: That $300,000 shall be transferred to the Authority in FY 1992-93, and that the remaining $300,000 shall be transferred to the Authority in FY 1993-94. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. 47 48 49 CA-4624 ORDIN\NONCODE\C&P.ORD R-1 SIGNATURE DEP~ RT,~AEI".IT ~- C~ITY ATTORNEY 2 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $15,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964 (as amended) (the "Acts"); WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City]...."., WHEREAS, the Department of Economic Development, on behalf of the Authority, has induced Ticketmaster-New York, Inc., to locate its regional headquarters and 150 station telephone center in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide Ticketmaster-New York, Inc., $15,000 to underwrite a portion of the on-site infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY 1990-91/1994-95 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on April 21, 1992, the Authority, by a vote of 7-0, determined that the provision of the aforementioned incentive to Ticketmaster-New York, Inc., would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer funds in the amount of $15,000 from the Economic Development Investment Program Account to the City of Virginia Beach 35 36 37 38 39 40 41 Development Authority to enable the Authority to provide $15,000 to Ticketmaster-New York, Inc., to underwrite a portion of the costs of on-site infrastructure improvements to Ticketmaster-New York's regional headquarters and telephone center facility in the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. 42 43 44 CA-4623 ORDIN \NONCODE \TICKETM. ORD R-1 A~:~'CV'~:r.~ ."~$ ?© 2 - 25 - Item 11t-l.6. CONSENT AGENDA ITEM # 35589 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Ordinance to TRANSFER $88,335 from Project 12-984 Seatack Street Improvements-Phase lib re upgraded construction cost of Bells Road. 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 May 12, 1992 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $88,335 TO PROJECT 2-984 SEATACK STREET IMPROVEMENTS-PHASE IIB TO ACCOMMODATE THE CITY'S FUTURE DREDGE OPERATION FACILITY W"HEREAS, the Capital Improvement Program includes project 2-984 Seatack Streets-Phase IIB for the construction of street and drainage improvements in the Seatack neighborhood; 8 9 10 11 W"HEREAS, current funding is sufficient for the original scope of improvements, but the future relocation of the city's dredge operation facility to a new site requires upgrading the road structure of Bells Road at an additional cost of $88,335; 12 13 14 WHEREAS, the additional amount needed may be transferred from project 2-712 Dredging Eastern Branch Lynnhaven River since the project is substantially completed and has funds sufficient to be transferred for the above purpose. 15 16 17 18 19 2O NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $88,335 are hereby transferred from project 2-712 Dredging Eastern Branch Lynnhaven River to project 2-984 Seatack Street Improvements-Phase IIB to cover the upgraded construction cost of Bells Road to accommodate the city's future dredge operation facility. 21 This ordinance shall be in effect from the date of its adoption. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of May , 1992. ~PPROVED AS TO CONTE~NT pt. of Manage~ft and Budget - 26 - Item 111-1.7. CONSENT AGENDA ITEM # 35590 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Ordinance to TRANSFER $32,000 within Department of Public Works FY 1991-1992 Budget re purchase of computer-aided drafting and design (CADD) workstation with software; and, eliminate one (1) vacant drafting technician position. 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 So McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 1 2 3 4 AN ORDINANCE TO TRANSFER $32,000 WITHIN THE DEPARTMENT OF PUBLIC WORKS FY 1991-92 BUDGET TO PURCHASE COMPUTER AIDED DRAFTING AND DESIGN EQUIPMENT WITH SOFTWARE AND ELIMINATE ONE (1) VACANT DRAFTING TECHNICIAN POSITION WHEREAS, the Drafting Bureau of the Department of Public Works Engineering Division produces detailed specifications and drawings which can be produced more efficiently by computer aided drafting and design (CADD) equipment; 8 9 WItEREAS, the cost to purchase one CADD workstation with software is estimated to be approximately $32,000; 10 11 12 13 14 WHEREAS, the Department is estimating that purchasing a CADD workstation with software and eliminating a drafting technician position at an annual cost of approximately $33,822 including fringe benefits will produce greater efficiencies and generate savings to the City of approximately $99,570 over the next five (5) years: 15 16 WHEREAS, savings from this program have been included in the Proposed FY 1992-93 Operating Budget; 17 18 19 WHEILEAS, there are sufficient funds for transfer within the Department of Public Works to purchase the CADD workstation with software, and there is presently a vacant drafting technician position which could be eliminated. 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $32,000 be transferred within the Department of Public Works for the purpose of purchasing one (1) computer aided drafting and design (CADD) workstation with software; 24 25 26 BE IT FURTHER ORDAINED, that one (1.0 FTE) vacant drafting technician position be eliminated from the Drafting Bureau of the Department of Public Works Engineering Division's FY 1991-92 budget. 27 This ordinance shall be in effect from the date of its adoption. 28 29 Adopted the 12 day of May , 1992, by the Council of the City of Virginia Beach, Virginia. APPROVED AS TO CONTENT Walter C. Krae~r, Jr. Office of Budget and Evaluation - 27 - Item 111-1.8. CONSENT AGENDA ITEM # 35591 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Sea Breeze Point Trail to Robert C. and J,dy C. Barker re construction and maintenance of two 4' x 4' brick columns (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: John A. 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 May 12, 1992 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SEA BREEZE POINT TRAIL TO ROBERT C. BARKER AND JUDY C. BARKER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, ROBERT C. BARKER and JUDY C. BARKER, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Sea Breeze Point Trail . That the temporary encroachment herein authorized is for the purpose of constructing and maintaining two 4' X 4' brick columns, one of either side of the proposed driveway, and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Sea Breeze Point Trail , on the certain plat entitled: "SITE PLAN OF LOT 2 SEA BREEZE POINT M.B. 119 P. 40 LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Robert C. Barker and Judy C. Barker, themselves, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Sea Breeze Point Trail and that 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61. Robert C. successors removal. Barker and Judy C. Barker, their heirs, assigns and in title shall bear all costs and expenses of such AND, PROVIDED FURTHER, that it is expressly understood and agreed that Robert C. Barker and Judy C. Barker, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Robert C. Barker and Judy C. Barker execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May 19 92 62 63 64 KL/ta 12/06/91 encr\barker.ord ,~L~/) (..$,G .NATg RE D[PART MEhlT ..... , ~_ .. ,o~ .... '., .- ' ~ 3~ -~ . .o< ..... .,* ; a o=o ~o~ - - ,. ........... / ,'.,~: ~ '. z =~ ~ . / ,,:.~,.. ~ ' '--. ~ ' '" '.: ~. . / ~ ~ -~ '~, -~.. ). ': .. ~ ', "-'~~ "'~ .., .:~,..~ . :,,..--.... ~:~, ...., ,. . .. / ,/,., ,,, .:.,.. i. , '~ . -.. :'5 *, I ~ ' ' ~' , ~f~;' ~' ~' . . ' ,' ' ' ~ : ...... . ,. ,.,:.~_ ,,~..' .,~ ~-.. ~ ...... ..,. /,:', ,......'~ , .. .. ,.., .. . .,,~ '~.:~,,..~ ,..., .. . .,~.,, ,. . i / -~ : ~ ~:, .-~,.-.~: ,., :~:/~ ., . /;: ~ ,-r.. ~ , ' ..~1 -~ i . .$' ~ ~ X~' :~ . ,%~,.~ .. ,- .." ~-:~ .., ' /. / . ~ ~...,., .:., ' ./.:, · ' ' ~~ %%-~% ~v~',. '. ' .X?~ ," ,.' .... ~.. .~ '//, :.~2 - :' "'/:,', :. :,: '., ' ~.~- z /. - ~~~ 'k~:,,'( .~. -' .~. :..;. "..'i' · .,,.., L~, / ~. ',,,," , .' ,//"' ~~' :'~';'" ~"::"::"P<Z,.: '." '%' ~ /~. ,/' x" - -~ ~. . ~' :' ' /' 'o · ' · , , /.- ., ~~~' : ,,'/ .':~: / /'. -- / ~ , ... . . ~, . - ~: / · .. , .. . /,t.' · '~~.. -~::" .. ;x,.:.'t" :.. .,. ~ . , , / , ..... . .u~'~:~i... ~" ,,/. / ., , " ," ' ' ' .... ~"~:;,:~ ' N .: / , X , ...--,,,~,,.,-~,,,?..,,. ,'....' .. ........... ,:,,~' ..,... . ..,.. :.. :::~ ,, :. :. ...... ... ~', , ' ~,-.*~ , ~& . · ' ~ ' '.~' ' I -~ ~-.. / /: "' ' '~' ~ - 1' ..:. .:'"'~" .'?"'~ ...... ,' .' ., i ~ ' ~ I · '. / - ' ' ~'.'"}'~'"':L:,'' "~":"'"'*:<~-"" / :,.. "'t.'Z :"', b~') . 1~"~' ' ~: . · I~ ~. 'r.. ~, . ;,'~.~,..,, ... .~.~-~.~ ' .~-,:~,. ...... / . ~.. . .; · ~, '. ,~, ,.* .. :~.. ~, ..~ .... -.,.,~, .... / / . ., t . ..',~ ,~. .. ~,. <,./,~ . ~ , -. !.. .~'::.". ~> './ ~ /'/ : . . . ~ , ~ . ',, z' / ' ,/ ,/ Z LOCATION MAP THIS AGREEMENT, made this day of ~~-- , 19 ~'/ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, Grantor, and ROBERT A. BARKER and JUDY C. BARKER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, Grantee. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to maintain two existing 4' X 4' X 4' brick columns, one on each side of the driveway, in the City of Virginia Beach; and WHEREAS, in maintaining such existing brick columns, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Sea Breeze Point Trail.; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such existing brick columns within a portion of the City's right-of-way known as Sea Breeze Point Trail. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Sea Breeze Point Trail for the purpose of constructing and maintaining such existing brick columns. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Sea Breeze Point Trail as shown on that certain plat entitled: "SITE PLAN OF LOT 2 SEA BREEZE POINT M.B. 119 P. 40 LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Sea Breeze Point Trail by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachn~nt; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provi~by law for the collection of local or state taxes.~_ A. IN WITNESS WHEREOF, ROBERT U. BARKER and JUDY C. BARKER, the said party of the second part, has caused this Agreement to be executed by his signature and seal 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 affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk ~ Robe~ v~/. Barker STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: · a Notary Public in and for the City and State aforesaid, do hereby certify that · CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO § 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 . My Commission Expires: Notary Public APPROVED AS TO CONTENT DEI~ARTMENT - 28 - Item 111-1.9. CONSENT AGENDA ITEM # 35592 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms City Council APPROVED: ' Ordinance authorizing tax refunds in the amount of $562.39 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, James Wo Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 FORM NO. C.A. 7 4/24/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAHE Year of Tax Number tion No. Paid Total Standard Federal S & L George E Langley George E Langley Johanna M Kralowetz 92 RE(l/2) 59195-0 11/26/91 36.52 92 RE(l/2) 65397-3 11/27/91 109.00 92 RE(l/2) 65400-8 11/27/91 337.90 92 RE(l/2) 63470-8 12/3/91 78.97 Total 562.39 This ordinance shall be effective from date of adoption. T h~)$~obzO.~je0 aba t e me n t(s) totaling were approved by the Council of the City of Virginia Beach on the 12 day of May, 1992 Ruth Hodges Smith City Clerk Certi John iS to paymT~nt~ Approved as to form: STATE OF VIRGINIA CITY OF VIRGINIA BEACH· to-wit: I, , a Notary Public in and for the City and State aforesaid· do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on · the day of , 19 __, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Patricia M. Johnson · a Notary Public ira and for .the City and State aforesaid, do hereby certify that ROBERT A~.~B~KER and JUDY C. BARKER, whose name is signed to the foregoing writing, bearing date the 27th day of December , 19 9~, have acknowledged the same before me in my City and State aforesaid. D~eamher Given under my hand this 27~h day of · 1991 . My Commission Expires: Item III-J. la. - 29- ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35593 The following registered to speak relative the FY 1992-1993 Budget Appropriations: Delores Delaney, 132 Brentwood Crescent, Phone: 340-2762, spoke relative meeting of fifty-six PTA Leaders throughout the State and encouraged full funding of the School Board Budget. The children of the City are entitled to the City's very best efforts. Gregg Benshoff, 3998 Roebling Lane, Phone: 486-1910, represented the Virginia Beach Professional Firefighters. Mr. Benshoff referenced the correspondence from Virginia Beach Professional Firefighters expressing their concerns relative the FLSA overtime and holiday cuts in the fire department budget. Samuel W. Meekins - Chairman - Virginia Beach School Board, advised receipt of the Resolution to serve as a recommended guidance to the Virginia Beach School Board and extended appreciation for the increase with the understanding that this is all that could be given and that they are prepared to go forward with their educational commitment. Upon motion by Councilman Heischober seconded by Vice Mayor Fentress, City Council: ' ADOPTED, AS REVISED~, an Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1992 and ending June 30, 1993, in the sum of c~.. u.._~_~ o~ ...... ~ ....... k~ooo,~J,uoo~ Six Hundred Sixty-eight Million, Five Hundred and Twelve Thousand, Four Hundred and Sixteen Dollars ($668,512,416) for Operations and Two uuizo~o (~9%n nao,~58) Two Hundred Forty Million, Six Hundred Twenty Thousand, Twenty-Six and NO/100 Dollars ($240,620,026) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. ~AMENDMENTS APPROPRIATIONS: Total Proposed Budget Amount ADDITIONS: Fully Fund the Bookmobile and Restore Positions Match State Environmental Grant Match the State Clean Community Grant, Restore Coordinator Position Change COIG Allocations and Provide/Increase Funding as Follows: Samaritan House $19,000 Resource Mothers $30,000 Hospice of Virginia Beach $ 4,000 Judeo-Christian Outreach $ 5,000 Tidewater Aids Task Force $ 275 COIG Reserve $ (215) Change Compensation for City and School Employees to 2% on July First with no Cap; AND, 2.5% on January First capped at $1,200; a $20 per month increase in Health Insurance effective on January 1, 1993. Other Increases to School Operating Budget Total Additions Other Changes: Reallocation of School's CIP Pay-As-You-Go Funding Total Council Amended Appropriations $ 67,000 15,000 18,000 58,060 2,411,268 .1~300~000 $ 666,143,088 $ 3,869,328 (1,5oo,ooo) ,$ 668~512,416 - 30 - Item III-J.1. ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35593 (Continued) ADOPTED a Resolution to serve as a recommended guidance to the Virginia Beach School Board re compensation for employees; and, all reversions from the School System for FY 1991-1992 be used only for School capital improvements. The School Budget Appropriation would be by Categories, as opposed to Lump-Sum. The Reserve for Contingency Fund shall remain with City Council reserving this option prior to July First, after which James K. Spore - City Manager, E. Dean Block - Assistant City Manager for Economic Management, and Leslie L. Lilley - City Attorney, are directed to examine and come forward with an equitable resolution of the application to the Fair Labor Standards Act. 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, Reba S. McClanan, Mayor Meyera E. 0berndorf and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteignew and Nancy K. Parker Council Members Absent: None ~Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position in the Commonwealth Attorney's Office. Councilman Brazier declared he was able to participate in discussion and vote on the FY 1992-93 Operating Budget fairly, objectively and in the public interest. Councilman Brazier's letter of April 14, 1992, is hereby made a part of the record. WCouncilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he was currently employed by the City of Virginia Beach as a police officer in a position in the Sheriff's Office. Councilman Lanteigne declared he was able to participate in discussion and vote on the FY 1992-93 Operating Budget fairly, objectively and in the public interest. Councilman Lanteigne's letter of April 14, 1992 is hereby made a part of the record. May 12, 1992 CITY OF VIRGINIA BEACH, VIRGINIA FY 1992-93 OPERATING BUDGET CITY COUNCIL AMENDMENTS OF MAY 12, 1992 APPROPRIATIONS: TOTAL PROPOSED BUDGET AMOUNT ADDITIONS: FULLY FUND THE BOOKMOBILE AND RESTORE POSITIONS MATCH STATE ENVIRONMENTAL GRANT MATCH THE STATE CLEAN COMMUNITY GRANT, RESTORE COORDINATOR POSITION CHANGE COIG ALLOCATIONS AND PROVIDE/INCREASE FUNDING AS FOLLOWS: SAMARITAN HOUSE $19,000 RESOURCE MOTHERS $30,000 HOSPICE OF VIRGINIA BEACH $4,000 JUDEO-CHRISTIAN OUTREACH $5,000 TIDEWATER AIDS TASK FORCE $275 COIG RESERVE ($215) CHANGE COMPENSATION FOR CITY AND SCHOOL EMPLOYEES TO 2% ON JULY 1 WITH NO CAP AND 2.5% ON JANUARY 1 CAPPED AT $1,200 AND A $20 PER MONTH INCREASE IN HEALTH INSURANCE EFFECTIVE ON JANUARY 1, 1993. OTHER INCREASES TO SCHOOL OPERATING BUDGET TOTAL ADDITIONS OTHER CHANGES: REALLOCATION OF SCHOOL'S ClP PAY-AS-YOU-GO FUNDING $ 67,000 15,000 18,000 58,060 2,411,268 1,300,000 TOTAL COUNCIL AMENDED APPROPRIATIONS REVENUES: TOTAL PROPOSED BUDGET AMOUNT ADDITIONS: REVISED PERSONAL PROPERTY TAX ESTIMATE REVISED STATE ESTIMATE FOR STATE SHARE SALES TAX REVISED ESTIMATED STATE AID FOR SCHOOLS $ 666,143,088 $ 3,869,328 ,5oo,ooo) $ 668,512,416 $ 666,143,088 1,087,635 481,693 800,000 TOTAL COUNCIL AMENDED REVENUES $ 668,512,416 SCHOOL BUDGET FORMAT OPTIONS:: LUMP-SUM: CITY COUNCIL WOULD NEED ONLY TO ADOPT THE TOTAL AMOUNT OF FOR THE SCHOOL BUDGET. BASED ON THE ABOVE ALTERNATIVES THAT AMOUNT WOULD BE $312,800,160. APPROPRIATION BY CATEGORIES: THE AMOUNT ADOPTED BY CITY COUNCIL WOULD BE THE SAME AS #1 BUT WOULD BE SUBDIVIDED INTO CATEGORIES CURRENTLY IDENTIFIED IN THE BUDGET ORDINANCE. THE AMOUNTS IN EACH CATEGORY WOULD HAVE TO BE DEFINED BY THE CITY MANAGER AND SCHOOL SUPERINTENDENT BASED ON THE AMENDMENTS ADOPTED BY THE CITY COUNCIL. ACTION STATEMENT: TO ACCOMPLISH THE ABOVE, COUNCIL SHOULD APPROVE THE CITY MANAGER'S PROPOSED BUDGET WITH THE CITY COUNCIL AMENDMENTS OF MAY 12, 1992. A RESOLUTION TO SERVE AS RECOMMENDED GUIDANCE TO THE VIRGINIA BEACH SCHOOL BOARD CONCERNING COMPENSATION FOR EMPLOYEES WHEREAS, the City Council has carefully reviewed the FY 1992-93 School Operating Budget as recommended by t~e School B9ard and understands the needs of a growing and maturing school system; WHEREAS, the City Council has also carefully reviewed the City Manager's Proposed FY 1992-93 Operating Budget, which includes recommended reductions in city programs and constraints on school funding; 7 8 9 10 WHEREAS, these reviews have been undertaken with the understanding that anticipated local revenues for FY 1992-93 are estimated to decline by 4.25% from the FY 1991-92 budgeted level and that future fiscal years may see only minor improvement; 11 12 13 14 15 16 17 WHEREAS, the City Council is interested in recognizing the hard work and efforts of all employees, both city and school, by providing for equitable compensation packages in the FY 1992-93 Operating Budget. The City Council wishes to provide to all employees of the government, a 2% general increase effective July 1, 1992, a $20 per month per employee increase in the City contribution to health insurance effective January, 1993, and a second general increase of 2.5% in January, 1993 capped at $1,200. 18 19 WHEREAS, there are many unmet capital needs for school construction which can be partly addressed through FY 1991-92 school reversions to the city; 20 21 WHEREAS, the City Council adopts this resolution in order to take a fiscally prudent course relative to current and future city resources and needs. 22 23 24 25 26 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that this resolution be forwarded to the Virginia Beach School Board to express the intent of City Council and to serve as guidance in establishing equitable levels of employee compensation for all employees of the government in FY 1992-93; 27 28 29 3O 31 32 BE IT FURTHER RESOLVED, that all reversions from the School System for FY 1991-92 be used only for school capital improvements, save any portion of such reversions required to conform with the City's minimum undesignated fund balance policy. Adopted by the City Council of the City of Virginia Beach, Virginia on this day, May 12, 1992. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1992 AND ENDING JUNE 30, 1993, IN THE SUM OF SIX HUNDRED SIXTY-EIGHT MILLION, FIVE HUNDRED TWELVE THOUSAND, FOUR HUNDRED SIXTEEN AND NO/100 DOLLARS ($668,512,416) FOR OPERATIONS AND TWO HUNDRED FORTY MILLION, SIX HUNDRED TWENTY THOUSAND, TWENTY-SIX AND NO/100 DOLLARS ($240,620,026) IN INTERFUND TRANSFERSAND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED. WHEREAS, the City Manager has heretofore submitted an Annual Budget for the city for the fiscal year beginning July 1, 1992, and ending June 30, 1993, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating NINE HUNDRED NINE MILLION, ONE HUNDRED THIRTY-TWO THOUSAND, FOUR HUNDRED FORTY- TWO AND NO/100 DOLLARS ($909,132,442) consisting of TWO HUNDRED FORTY MILLION, SIX HUNDRED TWENTY THOUSAND, TWENTY-SIX AND NO/100 DOLLARS ($240,620,026) in interfund transfers and SIX HUNDRED SIXTY-EIGHT MILLION, FIVE HUNDRED TWELVE THOUSAND, FOUR HUNDRED SIXTEEN AND NO/100 DOLLARS ($668,512,416) for operating or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1992-1993, are hereby appropriated subject to the conditions hereafter set forth, for the year 1992-1993, for the use of the several departments and specially designated funds of the city governments, and for the purpose hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1992, and ending June 30, 1993, as follows: Item of Expenditure Budget 1992-1993 GENERAL FUND LEGISLATIVE DEPARTMENT: Municipal Council City Clerk Total ~ $ 315,127 316,009 631,136 675,715 471,458 1,147,173 1,518,634 EXECUTIVE DEPARTMENT: City Manager Citizen Services/Public Information Total LAW DEPARTMENT: City Attorney FINANCE DEPARTMENT: Commissioner of the Revenue Board of Equalization City Real Estate Assessor Treasurer Director of Finance Total 2,734 688 16 056 1,466 796 3,212 325 3,489 447 10,919 312 DEPARTMENT OF HUMAN RESOURCES: Human Resources $ 2,247,763 JUDICIAL DEPARTMENT: Circuit Court General District Court Juvenile and Domestic Relations District Court Public Defender Medical Examiner Clerk of the Circuit Court Magistrates Commonwealth's Attorney Sheriff and Corrections Juvenile Probation Total 377,300 46 186 30 723 74 329 9 075 380 933 15 191 2,056 990 10,022 675 992 391 14,005 793 1 711,403 379,851 58,476 2 149,730 16 946,186 40 254,812 42 979,625 12 490,152 7 137,736 2 431,012 692,489 1,162,622 16,525,997 HEALTH DEPARTMENT: Preventive Medicine Contractual Health Services Personal Care Services Total SOCIAL SERVICES DEPARTMENT: Social Services POLICE DEPARTMENT: Police PUBLIC WORKS DEPARTMENT: Public Works PARKS AND RECREATION DEPARTMENT: Parks and Recreation LIBRARY DEPARTMENT: Library PLANNING DEPARTMENT: Planning AGRICULTURE DEPARTMENT: Agriculture DEPARTMENT OF ECONOMIC DEVELOPMENT: Director of Economic Development DEPARTMENT OF GENERAL SERVICES: General Services BOARDS AND COMMISSIONS: General Registrar Zoning Board of Appeals Arts and Humanities Commission Mass Transit Operations Wetlands Board of Virginia Beach Department Volunteer Council Video Services Department Total NON-DEPARTMENTAL: Community Organization Incentive Grants Employee Special Benefits 519,717 18,361 202,200 838,213 13,666 27~360 584,075 2,203,592 320,920 385,206 :' . . Budget Item of EXpenditure.. 1992-1993 GENERAL FUND NON-DEPARTMENTAL: (concluded) Revenue Reimbursements Regional Participation Total $ 931,946 619,031 2,257,103 17,586,460 1,175,711 222 128 1,293 338 6,798 245 676 456 230,894,896 4,528,907 440,877,008 FIRE DEPARTMENT: Fire EMERGENCY MEDICAL SERVICES: Emergency Medical Services DEPARTMENT OF MUSEUMS: Museums DEPARTMENT OF MANAGEMENT AND BUDGET: Management and Budget DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT: Convention and Visitor Development HOUSING AND NEIGHBORHOOD PRESERVATION: Housing and Neighborhood Preservation TRANSFERS: Transfer to Other Funds RESERVES: Reserve for Contingencies TOTAL GENERAL FUND SCHOOL OPERATING FUND DEPARTMENT OF EDUCATION: Instruction Administration, Attendance and Health Pupil Transportation Operations and Maintenance Total School Operating Fund Request Plus: School Mainframe Charges Less: School Mainframe Charges to be Absorbed by Schools Less: City Manager Reduction Total School Operating Fund Recommended by City Manager Plus: Amount Restored by City Council Total School Operating Fund Approved by City Council* 261,825,705 9,299,030 11,977,734 35,182,307 $ 318,284,776 750,000 (150,000) (8,995,884) $ 309,888,892 2,911,268 $ 312,800,160 *Category amounts to be determined by the City Manager and School Superintendent. GRANTS CONSOLIDATED FUND JUDICIAL DEPARTMENT: CDI93 Pre-Trial Program MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE: Mental Health/Mental Retardation/Substance Abuse 158,259 867,204 175,963 19,958 1,221,384 176,676 12,944 61,930 251,550 HOUSING AND NEIGHBORHOOD PRESERVATION: Section 8 Housing RESERVES: Reserve for Contingencies TOTAL GRANTS CONSOLIDATED FUND LAW LIBRARY FUND LIBRARY DEPARTMENT: Law Library RESERVES: Reserve for Contingencies TRANSFERS: Transfer to Other Funds TOTAL LAW LIBRARY FUND Budget · Item'"of"'E~pendltu're. 1992-1993 PENDLETON CHILD SERVICE CENTER FUND JUDICIAL DEPARTMENT: Pendleton Child Service Center RESERVES: Reserve for Contingencies TOTAL PENDLETON CHILD SERVICE CENTER FUND COMMUNITY DEVELOPMENT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Administration and Housing RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL COMMUNITY DEVELOPMENT FUND COMMUNITY CORRECTIONS SPECIAL REVENUE FUND JUDICIAL DEPARTMENT: CDI93 Core Service/Case Management RESERVES: Reserve for Contingencies TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND MH/MR/SA FUND DEPARTMENT OF MENTAL HEALTH: Mental Health RESERVES: Reserve for Contingencies TOTAL MH/MR/SA FUND CD LOAN AND GRANT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Loans and Grants HOMELESS INTERVENTION FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Homeless Intervention DEA SEIZED PROPERTY SPECIAL REVENUE FUND RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND FEDERAL HOUSING ASSISTANCE GRANT HOUSING AND NEIGHBORHOOD PRESERVATION: Home Program POLICE AIRPLANE SPECIAL REVENUE FUND POLICE DEPARTMENT: Airplane Enterprise WATER AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES: Public Utilities REVENUE BOND DEBT SERVICE: Revenue Bonds 931,858 15,998 947,856 1,324,993 9,359 342,444 1,676,796 319,302 2,497 321,799 10,997,990 135,668 11,133,658 1,070,000 140,349 $ 104,105 $ 45,895 150,000 $ 1,160,000 167,919 34,914,064 13,072,141 Budget Item of Expenditure 1992-1993 WATER AND SEWER FUND RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL WATER AND SEWER FUND GOLF COURSE ENTERPRISE FUND PARKS AND RECREATION DEPARTMENT: Golf Courses RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL GOLF COURSE ENTERPRISE FUND OFFICES: Museums MARINE SCIENCE MUSEUM ENTERPRISE FUND RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND RESORT PARKING ENTERPRISE FUND PUBLIC WORKS DEPARTMENT: Parking Systems Management RESERVES: Reserve for Contingencies TRANSFERS: Transfers to Other Funds TOTAL RESORT PARKING ENTERPRISE FUND DEBT SERVICE: Debt Service GENERAL DEBT FUND 1,991,415 6,086,805 56,064,425 1,705,601 104,768 340,869 2,151,238 1,381,997 47,995 728,670 2,158,662 283,741 16,220 150,039 450,000 65,446,612 COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND HOUSING AND NEIGHBORHOOD PRESERVATION: Community Development Capital Projects FIRE DEPARTMENT: Fire Programs FIRE PROGRAMS CAPITAL PROJECTS FUND FIRE PROGRAMS CAPITAL PROJECTS FUND RESERVES: Reserve for Contingencies TOTAL FIRE PROGRAMS CAPITAL PROJECTS FUND WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF PUBLIC UTILITIES: Water and Sewer Capital Projects ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT: Engineering and Highways Capital Projects 75,000 200,000 123,000 323,000 2,000,OO0 1,133,677 Item of Expenditure Budget 1992-1993 RESORT PROGRAM CAPITAL PROJECTS FUND OFFICES: Resort Area Capital Projects SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND TRANSFERS: Transfers to Other Funds TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND PARKS AND RECREATION DEPARTMENT: Parks and Recreation Capital Projects TRANSFERS: Transfers to Other Funds TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF GENERAL SERVICES: Building Capital Projects TOTAL BUDGET Less: Interfund Transfers NET BUDGET $ 3,294,871 1,872,976 1,872,976 1,148,000 95,502 1,243,502 1,000,000 909,132,442 240,620,026 668,512,416 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of permanent positions, shall be the maximum of positions authorized for the various departments of the city during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. With the exception of the education department, the City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the city. Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the city. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated funds. Section 5. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business for the fiscal year ending on the thirtieth day of June, 1993, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1993. However, there shall be retained in the General Fund Balance, an undesignated amount not less than the range of seventy- five (75) to one hundred (100) percent of the budget for city and school debt service payments for that fiscal year for contingencies and' emergency situations and not to be used to support 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 appropriations approved in the ordinance for the fiscal year beginning July 1, 1992, except upon subsequent authorization by City Council. Section 6. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with the consent and approval of the City Council first being obtained, .but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each operating appropriation unit included in this Ordinance and does not apply to Interfund Transfers. The City Manager or those persons designated in writing by him, where a copy of such designation is on file with the Director of Finance, is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except herein provided. The City Manager may limit expenditures to the classes of appropriations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are different from the classes shown in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for salary or fringe benefit adjustments approved by City Councilj and may transfer appropriations from Reserve fo~ Judicial Center in amounts necessary for operatinq costs of thc Judicial Center from the date of its oDeninq until June 30. 1993. Section 7. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government. Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of the city departments, bureaus, or agencies, to any of their officers and employees for expenses on 3 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenty-four cents ($.24) per mile of actual travel for the first 15,000 miles and eleven ($.11) per mile for additional miles of such use within the fiscal year. Section 9. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals, and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, including payments to employees of the School Board. Section 10. That this Ordinance shall be in effect from and after the date of its adoption. Section 11. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. 124 125 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. 126 127 128 CA-4608 ORDIN\NONCODE\BUDGETi.0RD R-3 4 - 31 - Item III-J.1. ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35594 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items J.l.b, c, d, e, f, g, h, i, j and k of the FY 1992-1993 BUDGET APPROPRIATIONS. 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 WCouncilman Lanteigne voted a VERBAL NAY on Item J. 1.d. May 12, 1992 - 32 - Item III-J.l.b ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35595 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance establishing the tax levy on real estate for Tax Fiscal Year 1993. 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 Do Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1993 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1993 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar and nine cents ($1.09) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for fiscal year 1993, taxes on all real estate certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of one dollar and nine cents ($1.09) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 3. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. 33 34 35 Section 4. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. 36 37 38 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. CA-4610 ORDIN\NONCODE\BUDGET2.ORD R-3 APPROVED AS TO CONTF. N~'S DEPARTMEIqT APPROVED AS TO LEGAL · SUFFICI~NCY AND FORM - 33 - Item III-J.l.c ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35596 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance establishing the tax levy on personal property and machinery and tools for Calendar Year 1993. 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 May 12, 1992 1 2 3 4 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1993. 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. 8 9 10 11 12 13 14 15 16 17 18 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993, taxes on all tangible personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) assessed valuation thereof. In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain household goods and personal effects as defined therein shall be exempt from taxation. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS 19 20 21 22 23 24 25 26 PERSONAL PROPERTY USED AS MOBILE HOMES. In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all vehicles without motor power used or designated to be used as mobile homes, at the rate of one dollar and nine cents ($1.09) on each one hundred dollars ($100) of assessed valuation thereof. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING 27 28 29 30 31 32 33 FIVE TONS OR MORE. In accordance with section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all boats or watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. 34 Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL 35 EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. 36 37 38 39 40 41 42 43 44 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all tangible personal property certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, 45 46 FARM TOOLS, AND FARM LIVESTOCK INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 POULTRY. In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 7. AMOUNT OF LEVY ON AIRCRAFT. In accordance with Section 58.1-3506 (A) (2,3) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all aircraft at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES. In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all antique automobiles at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT. In accordance with Section 58.1-3506 (A) (6) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all heavy construction equipment at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT 83 84 85 86 87 88 89 90 91 92 93 94 95 96 BUSINESS TANGIBLE PERSONAL PROPERTY In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950) as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all research and development tangible personal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMRNT. In accordance with Section 58.1-3506 (A) (7) of the Code of Virginia (1950) as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all energy conversion equipment at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE. 97 98 99 100 101 102 In accordance with Section 58.1-3506 (A) (9) of the Code of Virginia (1950) as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars 103 104 105 and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation ther'eof. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS 106 107 108 109 110 111 112 113 AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY. In accordance with Section 58.1-3506 (A) (10) of the Code of Virginia (1950) as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 14. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING 114 TRAILERS AND MOTOR HOMES USED FOR RECREATIONAL PURPOSES ONLY. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 In accordance with Section 58.1-3506 (A) (15) of the Code of Virginia (1950) as amended, there shall be levied and collected for general purposes for the calendar year 1993 taxes on all privately owned camping trailers and motor homes as defined in Section 46.2- 100 of the Code of Virginia (1950), which are used for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 15. ASSESSED VALUE DETERMINATION. In accordance with Section 58.1-3103 of the Code of Virginia (1950) as amended, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for the City of Virginia Beach. Section 16. CONSTITUTIONALITY. That if any part of parts, section or sections, sentences, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 17. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1993. 135 136 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May 1992. 137 138 139 CA-4612 ORDIN\NONCODE\BUDGET5.ORD R-3 API~OVED' AS 1'0 CO/~ DEPARTMENT Al"PROVED AS TO Lr~G/~I- SuFHCIENC~ AND ~ Item I II-J.l.d ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35597 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to suspend salary increases for employees eligible to receive merits and promotions re Sections 2-109 and 2-110 of the Code of the City of Virginia Beach '~or the Fiscal Year 1992-1993 as per Section 2-87.1. 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, Reba S. McClanan Mayor Meyera E. Oberndorf, Nancy K. Parker and Wil iam D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne* Council Members Absent: None *Verbal Nay May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUSPEND SALARY INCREASES FOR EMPLOYEES ELIGIBLE TO RECEIVE MERITS AND PROMOTIONS AS PER SECTIONS 2-109 AND 2-110 OF THE CODE OF THE CITY OF VIRGINIA BEACH WHEREAS, Section 2-109(b) of the Virginia Beach City Code refers to variable merit increases, whereby such increase may range from a one (1) to three (3) step increment within the pay range of the class to which the employee is assigned; WHEREAS, Section 2-110 of the Virginia Beach City Code refers to employee promotions, which require an increase in salary to a minimum step for that new class (A step) or four (4) pay increments above the present range and step, whichever is greater, as long as that increase shall not place the employee at a pay step in the range of the new position higher than the pay step held in the range of the former position; WHEREAS, the City Manager believes that, due to limited resources, such salary increases will need to be suspended for FY 1992-1993; WHEREAS, Section 2-87.1 of the Virginia Beach City Code authorizes the city Council, by ordinance, to suspend the award of merit increases and/or promotions at any time for a specific period of time; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to suspend any and all awards of merit increases and promotions during FY 1992-1993, as per Section 2-87.1 of the Virginia Beach city Code. 30 31 32 33 34 Adopted by the Council of the City Virginia, on the 12 day of May CA-# ORDIN~NONCODE~BUDGET3.ORD R-1 of Virginia Beach, 1992. ;'.: "'~'?OV~D AS TO LEGAl SUFFICIENCY AND FOR/v CITY ATTORNEY - 35 - Item I II-J.l.e ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35598 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to transfer excess appropriations to Reserve for Contingencies re use in funding unanticipated expenditures. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AN ORDINANCE TO ALLOW THE CITY MANAGER TO TRANSFER EXCESS APPROPRIATIONS DURING THE FISCAL YEAR TO THE RESERVE FOR CONTINGENCIES FOR USE IN FUNDING UNANTICIPATED EXPENDITURES WHEREAS, the City Manager or the Assistant City Manager for Analysis and Evaluation is authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as provided within the budget ordinance; WHEREAS, the Reserve for Contingencies may require supplemental funding during the fiscal year in order to cover additional unanticipated expenditures during the fiscal year; WHEREAS, such supplemental funding may be available within existing appropriations in other sections of the Operating Budget due to cost savings realized after incurring expenditures; WHEREAS, transfer of such excess appropriations to the Reserve for Contingencies would not increase the total Operating Budget for a fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were appropriated have been incurred. 29 30 31 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. CA-4611 ORDIN\NONCODE~BUDGET4.ORD R-2 APPROVED AS TO CO~,. ""~___ DEPARTMENT AP'PROVED AS TO LEGAl t,~/ SUFFICIENCY AND FORM CiTY ATTORNEy - 36 - Item I II-J.l.f ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35599 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-109.1 of the Code of the City of Virginia Beach, Virginia, re merit leave. 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 May 12, 1992 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-109.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO MERIT LEAVE. 6 7 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-109.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2-~09.~. Merit leave. (a) Merit leave shall be leave with pay that is awarded to full-time permanent and probational employees on the general and administrative compensation plans based on job performance as evaluated by the city-wide performance evaluation program. (b) Each eligible employee shall be formally evaluated and rated on his or her respective anniversary date during fiscal year 199~-199~ to determine the level of performance the employee has achieved. Based on this rating, full-time employees who have not reached the (P) step of the pay range shall be awarded merit leave One (1) day for acceptable or fully satisfactory performance; (2) Two (2) days for very good or superior performance; (3) Three (3) days for outstanding performance subject to final approval by the city manager; provided, however that full-time employees completing the probationary period shall be eligible for no more than two (2) days of merit leave. (c) Full-time permanent employees at the (P) step of the pay range shall be eligible on their anniversary date for one (1) day of merit leave provided that their annual performance is outstanding for their position, or two (2) days of merit leave if the employee demonstrates performance of an outstanding nature, as follows: (1) 35 36 37 38 39 40 41 42 43 44 45 46 which resulted in practical innovative ideas or methods involving efficiency in time and process, a major documented cost savings to the city, or resulted in extreme bravery or risk for the benefit of the city. (d) No merit leave shall be awarded for below acceptable or minimally satisfactory performance. (e) This ordinance shall be in effect from July 1, 199~ to June 30, 199~. (f) Any leave awarded to an employee in accordance with the provisions of this section shall be used prior to June 30, 199~. (g) No employee shall be compensated monetarily for unused merit leave. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of May , 1992. 49 5O 51 CA-4603 \ordin\proposed\02-109-1.pro R-1 APPROVe' AS TO CONTENTS APPROVED AS TO LEGAL ,,~ SUI:FlClENCY AND FORM CITY A'Pr'ORNEY - 37 - Item III-J.l.g ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35600 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 8-10, 23-48 and 23-50.1 of the Code of the City of Virginia Beach, Virginia, re unsafe structures, open storage of dilapidated equipment and removal of diseased trees. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert Wo 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 May 12, 1992 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 8-10, 23-48 AND 23-50.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO UNSAFE STRUCTURES, OPEN STORAGE OF DILAPIDATED EQUIPMENT, AND REMOVAL OF DISEASED TREES, RESPECTIVELY. 10 11 12 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 8-10, 23-48 and 23-50.1 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section S-10. Unsafe, etc., structures. (a) This section is adopted pursuant to the powers vested in the City of Virginia Beach by Section 2.02 of the Charter of the City of Virginia Beach and by Section 15.1-839 of the Code of Virginia, as amended. (b) Upon determination by the code administrator that any building or structure, or portion thereof, is unsafe, unsanitary or not provided with adequate exit facilities, or constitutes a fire hazard or a hazard to health or safety by reason of inadequate maintenance, dilapidation or abandonment, whether or not construction of such building or structure has been completed, such building or structure shall be declared unfit for occupancy. (c) (1) Notice that a building or structure has been declared unfit for occupancy shall be by registered or certified mail or by personal delivery to the owner and to the occupant of the building or structure; provided, however, that if the owner or his agent, despite the exercise of due diligence, cannot be found, such notice shall be sufficient as against the owner if given by certified or registered mail to the last-known 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O address of the owner and posted in a conspicuous place upon the building or structure. (2) Such notice shall state with reasonable particularity the defects or other conditions of the building or structure which render it unfit for occupancy, and shall specify the period of time within which repairs or corrections shall be made or the building or structure, or a portion or portions thereof, demolished and removed. Such period of time shall not be less than is reasonably required by the exercise of due diligence for the required repairs or corrections to be made, or for the building or structure, or portion or portions thereof, to be demolished and removed. (d) In the event the building or structure or any portion thereof is, in the judgment of the code administrator, in actual and immediate danger of collapse, or when any portion of a building or structure has already collapsed, or when any other condition constitutes an immediate and serious threat to life or safety, the code administrator may order that such building or structure, or portion thereof, be vacated. Such order shall be stated in the notice provided for in subsection (c) hereof. In addition thereto, there shall be posted in at least one conspicuous place upon the premises a placard stating "THIS STRUCTURE IS UNSAFE OR UNFIT FOR OCCUPANCY AND ITS USE OR OCCUPANCY IS PROHIBITED". Upon the posting of such placard, it shall be a violation of this section for any person to enter upon or in such building or structure except with the written authorization of the code administrator for purposes of making required repairs, demolition, or inspection. (e) (1) In the event the owner of a building or structure who has been served with the notice provided for in subsection (c) hereof shall fail to comply with the terms of such notice within the time specified therein, the code administrator shall 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 be authorized to close or secure the building or structure through available means, or to order the building or structure, or portion thereof, to be demolished and the debris removed, at the cost of the owner. Such cost shall include an administrative fee in the amount of one hundred dollars ($100.00). No building or structure, or portion thereof, shall be demolished by order of the code administrator unless such building or structure, or portion thereof, is unsafe or structurally unsound. (2) Except in cases in which the condition of a building or structure presents an imminent danger to health or safety, no building or structure, or any portion thereof, shall be demolished upon order of the code administrator unless notice of such order is given to the owner, no less than five days prior to the date of demolition, in the manner provided for in subsection (c) hereof. In the event the owner or his address is unknown, notice of the order shall be by publication in a newspaper of general circulation in the city once per week for two consecutive weeks and, in addition thereto, shall be mailed to all holders of current mortgages or deeds of trust upon the property as shown by the records of the Clerk of the Circuit Court. The cost of such publication and mailing shall be charged to the owner. (f) Any person aggrieved by any determination of the code administrator shall have the right to appeal such determination to the Board of Building Code Appeals, Building Maintenance Division, by filing with the code administrator a written notice of appeal specifying the determination appealed from within twenty (20) days of the receipt of such determination. The filing of an appeal 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 shall stay all actions in furtherance of the determination until the appeal has been decided. (g) Any person who shall fail to comply with a notice provided for in subsection (c) hereof, or who shall continue to occupy, or permit the occupancy of, a building or structure ordered to be vacated by the code administrator shall be guilty of a misdemeanor punishable by a fine of not less than ten nor more than one thousand dollars, and each day that a violation continues shall constitute a separate offense. Any violation of the provisions of this section may also be enjoined by the circuit court at the suit of the code administrator. (h) All costs chargeable to the owner of property subject to the provisions of this section shall be recoverable by action at law or, at the option of the city, may be collected as real estate taxes are collected in accordance with Article II of Chapter 35 of the City Code. (i) For purposes of this section, the term "code administrator" shall mean the housing code administrator or the building code administrator and their respective assistants and deputies. 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Section 23-48. Open storage of rusted, junked, etc., machinery, equipment, etc. (a) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture, appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any such item which remains on the property for a period of ten (10) days after notice of violation of this section is given to the owner of such property shall be presumed to be abandoned and subject to being removed from the property by the city or its agents without further notice. In the event any such item is so removed, the cost of removal, including an administrative fee in the amount of one hundred dollars ($100.00), 139 shall be charged to the owner of the property. Any such charge 4 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 which is not paid within thirty (30) days of the date on which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes. (b) This section shall not apply to any licensed junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment. (c) A violation of this section shall constitute a Class 1 misdemeanor. In addition to any other remedy provided herein, the housing code administrator may institute legal action to enjoin the continuing violation of this section. (d) The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Bection Z$-50.1. Removal of certain trees. (a) Upon determination by the housing code administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be construed to include the plural of the term. (b) Service of the notice provided for herein shall be personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his agent cannot be found by the exercise of due diligence, such notice shall 5 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises are owned or occupied jointly. (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor, and each day thereafter that the violation continues shall constitute a separate offense. In addition to any fine imposed hereunder, the housing code administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred dollars ($100.00), 191 192 193 194 195 196 197 198 199 200 shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature. (d) The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of , 1992 . 201 202 203 CA-4605 \ordin\proposed\OS-OlOet.pro APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY - 38 - Item III-J.l.h ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35601 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 31-61 of the Code of the City of Virginia Beach, Virginia, re increased charge for depositing solid waste. 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 May 12, 1992 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE CHARGE FOR DEPOSITING SOLID WASTE AT CITY REFUSE DISPOSAL AREA. 8 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-61 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 Section $1-6~. Use charges. (a) There shall be a fee of thirty-~-i~esix dollars and ....... ~ .... ccnts (~R~$36.00) per ton, or aD scvcntcen eiqhteen dollar ....... ~ ccnt (~ $18.00) minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided however, that residents of the city depositing sanitary solid waste, refuse, debris or garbage generated solely from their households may deposit the same free of charge. (b) There shall be a fee of seventy-five cents ($0.75) per tire for cutting and disposing of tires at the city refuse disposal areas. 25 This ordinance shall be effective on July 1, 1992. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of MAY , 1992. 28 29 30 CA-4616 \ordin\proposed\31-061.pro R-1 APPROVED'AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL ,SUFFICIENCY AND FORM CITY ATTORNEY - 39 - Item I II-J.l.i. ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35602 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to establish and charge fees re use of computerized dial-up services to access the City's assessment files. Voting: 11-0 Counci 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 May 12, 1992 1 2 3 4 5 6 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ESTABLISH AND TO CHARGE FEES FOR THE USE OF THE COMPUTERIZED DIAL-UP SERVICES AVAILABLE TO THOSE INDIVIDUALS WISHING TO ACCESS THE CITY'S ASSESSMENT FILES 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, Section 2.02(e) of the City Charter empowers the City "[t]o establish and collect such fees as may be determined by the council to be reasonable for the rendering of special services;" WHEREAS, the City Real Estate Assessor's Office has worked with other City departments to develop a system whereby individuals will be able to access City Real Estate files for reference and research through a computer dial-up system; and WHEREAS, the costs of such service will be recovered through a fee for use charged to individuals and offices accessing the system at a rate to be determined w~en the system becomes fully operational. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to establish and charge a fee to any person, group, or organization wishing to access the City's assessment files by way of a computerized dial-up system; provided, however, that such fee shall not exceed the actual costs to the City to develop and provide the service. Adopted by the Council of the city of Virginia Beach, Virginia, on the 12 day of May , 1992. 28 29 30 CA-4625 ORDIN\NONCODE\DIALUP.ORD R-1 APPROVED A~S TO CO..~tTENT$ DI~PARTMENT AP'PROVED AS TO LEGAl. /~ SUFFICi£NCY AI~,~D FORM CITY ATTORNEY - 40 - Item III-J.l.j ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35603 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED: Resolution authorizing the City Manager to reorganize existing structure of City Operations with continuing analyzation of same. Voting: 11-0 Counci 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. Counci Members Voting Nay: None Counci Members Absent: None May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION TO REORGANIZE THE EXISTING STRUCTURE OF CITY OPERATIONS WHEREAS, the City of Virginia Beach exists in an environment of rapid overall change precipitated by changes due to technological advancements, changes in the demographics of its citizens, changes in community needs, and changes in the fiscal environment; WHEREAS, the City's administration has the responsibility to periodically examine its organizational structure and to make adjustments to better serve its customers, the citizens of the City; WHEREAS, the City Manager has determined that (1) the strategic plan for the management of the City should be revised to reflect changes in both the external and internal environment in order to more effectively deal with issues relevant to the City's customers, and that (2) the City's organization should be revised to better implement the strategic plan and to contribute to the accomplishment of the City's goals and objectives; and WHEREAS, City Council has reviewed the proposed revisions and is confident that their implementation will be in the best interests of the City and its customers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Department of Permits and Inspections is hereby abolished, and its functions are hereby reassigned to the Departments of Planning and Public Works; 2. That the Development Services Department is hereby abolished, and its functions are hereby reassigned to the Department of Planning; 3. That the Department of Natural Resources and Rural Services is hereby abolished, its Division of Environmental Management is hereby reassigned to the Department of Planning, and its Divisions of Administration, Farmers' Market, and Environmental Services are hereby reassigned to the Department of Agriculture; 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 4. That the Municipal Video Production Unit, presently assigned to the Public Information office is hereby abolished, and its functions are hereby reassigned to the Joint Cable Center; 5. That the office of Intergovernmental Relations is hereby abolished, and its functions are hereby reassigned to the City Manager's Office; 6. That the review and inspection function currently assigned to the Division of Landscape Services in the Department of General Services, under the Site Plan Ordinance, is hereby reassigned to the Department of Planning; 7. That the Department of Management and Budget is hereby created, to be comprised of the Internal Audit Division, previously located within the Department of Finance, the office of Research and Strategic Analysis, and the office of Budget and Evaluation; 8. That the City Manager is hereby authorized to transfer appropriated funds and existing positions as may be necessary to implement the organizational changes set forth herein; 9. That this Resolution shall become effective immediately upon its adoption and that the specific organizational changes set forth herein shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and organizational functions; and 10. directed to organizational orderly transition of existing That the City Manager is hereby authorized and continue to examine and analyze the City's structure and to periodically make such recommendations to the Council as the City Manager determines to be in the best interests of the City and its citizens. 65 66 67 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. CA-4607 ORDIN\NONCODE\STRUCTUR.RES R-4 ~I~PROVED AS TO CONTENTS IGNATI~ DEPAI~TM~NT APPROVED AS TO l E'~AI. ~/(~, SUFFICIENCY AND FORM CITY ATTORNEY -41 - Item III-J.l.k ORDINANCES FY 1992-1993 BUDGET APPROPRIATIONS ITEM # 35604 Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED, AS REVISED*: Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City of Virginia Beach, Virginia reflecting changes required by reorganization of the City Administration. 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 May 12, 1992 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ADMINISTRATION. 6 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 PEP~ITS ~'~ ~,w INSPECTICNE and ,.,d.,&. ,,.,- ,,t,,,.k ,..,. ,,...k ,.&. ,.,.. .,..,- ,.,,t "".2' ,k...a.&,,.... 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 and 33 34 35 36 37 38 39 .......... ~ ....................... ~th~.. thc ..... ~ 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 2 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89~ 90 91 92 93 94 95 96 97 98 99 100 101 ARTICLE VII. DEPARTMENT OF MANAGEMENT AND BUDGET Section 2-246. Created; composition. There is hereby created a department to be designated the department of management and budget, which shall consist of n director of the department, and such other employees as may bo prescribed by the Charter, or by ordinance, or by the city manager or the director consistent therewith. Section 2-247. Functions. The department of management and budget shall be responsible for resource management, review, allocation and budget policy development, and for the following general duties, including any other duties which may be required, assigned, or prescribed by the council or the city manager: (1) Plan, prepare, and develop the annual operating budget, including estimates of appropriations and revenues for support of the operating budget, consistent with thm provisions of Chapter 5 of the Charter, and carry out thm same duties for all amendments thereto. (2) Plan, prepare, and develop for submission to the council a capital improvements program and capital budget in accordance with section 2-195. (3) Be responsible for preparation of short-term and multi- year financial forecasts of both expenditures and revenues. (4) Perform internal financial and compliance auditing of city agencies on a scheduled basis and such special 3 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 audits as required by the city manager or the director of manaqement and budget. (5) Be responsible for performance auditing, policy and fiscal analysis, and program evaluation for city programs, aqencies, and projects, and for provision of management assistance services for programs and activities of operations enhancement and improvement. (6) Coordinate and carry out city-wide strateqic and fiscal planning and goal setting, and provide staff support for special studies and projects. ARTICLE VIII. DEPARTMENT OF PUBLIC WORKS Section 2-267. Divisions established. There shall be, within the department of public works, the following divisions: (1) Engineering division. (2) Highway division. (3) Solid waste division. (4) Traffic division. (5) Office of real estate. (6) Permits and inspections division. (7) Weights and measures division. 4 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Section 2-273. Composition of permits a-d inspections division; police powers of building official and deputies. (a) The permits and inspections division of the department of public works shall be responsible for all matters pertaining to, and the enforcement of, the building code adopted by article II of chapter 8 of this Code and fire and health inspections for new construction, including the orderinq, in writinq, of the remedying of any condition found in violation of such codes or any ordinance, and the brinqing of legal action to ensure compliance therewith, including injunction, abatement and any other appropriate action or proceedings. Such division shall perform such other duties as may be required, assigned or prescribed. (b) There shall be, within the permits and inspections division, a building official. Police powers are hereby conferred upon the building official or designated deputies while engaged in performinq their duties, and they shall exercise all powers and authority of police officers in performing such duties. Section 2-274. Composition of weiqhts &nd measures division, function; police powers. (a} The weights and measures division of the department of public works shall be responsible for all matters pertaining to weights and measures and complaints of fraud and unlawful practice~ and dealings with consumers with respect to weights and measures. It shall be the responsibility of this division to see that th~ laws of the state and ordinances on the subject of weights and measures are enforced in the city, as well as to enforce other rules, regulations, ordinances and laws pertaining to consumers. 5 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 (b) There shall be, within the weights and measures division, a sealer of weights and measures. He shall have such additional duties as may be assigned by the city manager. (c) Police powers are hereby conferred upon the weights and measures division and the sealer of weights and measures and hi~ designated deputies or assistants while engaged in performing their lawful duties, and they are authorized to arrest any violator of such laws and ordinances and to seize, for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts of packages or commodities found to be used, retained, offered or exposed for sale or sold in violation of law. Section 2-275. Issuance of stop-work orders. (a) Upon notice from the director of public works, any division head subject to the supervision and control of tho director of public works or any of their designated deputies or assistants that work is being performed contrary to the provisions of this Code, such work shall be immediately stopped. The stop- work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state specific violation or violation~ for which the order was issued and the conditions under which work 190 191 192 193 194 195 196 197 198 199 200 201 may be resumed. (b) Any person who shall continue any work or have his agent continue any work in or about the site after a stop-work order hay been issued, except such work as he is directed to perform by the city official issuinq the stop-work order to correct a violation or unsafe condition, shall be guilty of a Class 1 misdemeanor. ARTICLE XIII. DEPARTMENT OF INFORI~TION TECHNOLOGY Section 2-339. Created. There is hereby created the department of ~-~ ........ ~ information technology in and for the city. 6 202 203 204 205 206 207 2O8 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Section 2-340. Composition. The department of__._~-~ ....... ~v~..~-- information technology shall consist of the director of d~t~ a ~csu~--~..~ information technology and such other employees as may be provided by the Charter or ordinance or by the direction of the city manager consistent therewith. ARTICLE XIV. DEPARTMENT OF AGRICULTURE Section 2-348. Create4; supervision; composition. There is hereby created a department of agriculture, which shall be under the supervision of the director of agriculture whe -~-~ ~- ~ .... ~-"~ .... ~-~' There shall be such other officers and employees as shall be directed by ordinance or order of the city manager. Section 2-349. Functions. It shall be the responsibility of the department of agriculture to help preserve, protect and increase the production of agriculture in the city, and to maintain, operate and supervise the farmers' market of the city, to be responsible for the administration of environmental and agricultural resources of the city, and to perform such other duties and functions as may be' prescribed by the council or by orders of the city manager or the director consistent therewith. ARTICLE XVI. DEPARTMENT OF PLANNING Section 2-382. Composition. The department of planning shall consist of a director appointed by the city manager and such assistants as may be provided. The department of planning shall also include a zoning administrator who shall possess all powers and authority granted to such officers by statute, ordinance or charter. 7 268 269 270 271 272 273 274 275 thc .... ~ ....... ............... t-i and 1 ..... " ity 276 277 Adopted by the Council of the City of Virginia Beach, Virginia 12 May on the day of , 1992. 278 279 280 CA-4604 \ORDIN\PROPOSED \ 02-246ET . PRO R-6 9 -42 - Item 111-1.1/2/3. PUBLIC HEARING ITEM # 35605 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) HOLLOMAN BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. STREET CLOSURE (b) FIRST FILIPINO BAPTIST CHURCH AND ERNESTO ANRADA, JR. CONDITIONAL USE PERMIT (c) SAINT LUKE'S UNITED METHODIST CHURCH BOARD OF TRUSTEES CONDITIONAL USE PERMIT (d) ORTHODOX CHRISTIAN MISSION OF TIDEWATER CONDITIONAL USE PERMIT (e) M. R. AND MARY R. WELCH CONDITIONAL USE PERMIT PLANNING (a) R. G. MOORE BUILDING CORPORATION MODIFICATION TO THE OCEAN LAKES MASTER PLAN (b) H. WAYNE AND BARBARA C. McGRAW CONDITIONAL USE PERMIT (c) TIDEWATER AUTOMOTIVE CENTERS, INC. CONDITIONAL USE PERMIT (d) CRW, INC. CONDITIONAL USE PERMIT (e) PLEASANT ACRES, LTD. and RIVER WALK CONDITIONAL ZONING CLASSIFICATIONS May 12, 1992 -43 - Item III-K. PUBLIC HEARING ITEM # 35606 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items la, b, d and e of the PLANNING BY CONSENT Agenda. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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. *Councilman Jones ABSTAINED and DISCLOSED on Item III-K.1, pursuant to Section 2.1-639.14(E) of the Code of Virginia, he is President of Holloman-Brown Funeral Home, Bayside Chapel, Inc., receives an annual salary in excess of $10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc. and has an ownership interest in the corporation which exceeds 3% of its total equity and assumes liability on behalf of the corporation which exceeds 3% of its asset value. Councilman Jones' letter of May 11, 1992, is hereby made a part of the record. May 12, 1992 - 44 - Item III-K.l.a. PUBLIC HEARING ITEM # 35607 PLANNING BY CONSENT Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council APPROVED subject to compliance of conditions in 180 days (November 24, 1992), the petition of HOLLOMON BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. for the discontinuance, closure and abandonment of a portion of Princess Anne Road. Petition of Hollomon Brown Funeral Home, Bayside Chapel, Inc. for the discontinuance, closure and abandonment of a portion of Princess Anne Road on property located on the north side of Princess Anne Road, 439.97 feet east of General Booth Boulevard. Said parcel contains 4,564 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Approximately 20 feet along the frontage of the site proposed for closure shall be retained as public right-of-way to provide for an ultimate 92- foot right-of-way to for this portion of Princess Anne Road. 2. The ultimate disposition of this right-of-way shall be by purchase. Policy regarding determination of fair market value is available from the office of Public Works Real Estate. 3. A survey must be conducted to determine the location of the 16-inch water line. If the facility is located within the area proposed for closure, dedication of a utility easement 30 feet wide and centered over the water line is required. 4. If a utility easement is required, the applicant shall submit a revised ordinance to the City Attorney's Office closing the right-of-way. The redraft shall include a "save and except" clause for the utility easement referenced in Condition #3. 5. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may be located in the right-of-way proposed for closure. 6. The applicant is required to re-subdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days (11/24/92) of approval by City Council. May 12, 1992 Item I II-K.l.a. PUBLIC HEARING PLANNING BY CONSENT - 45 - ITEM # 35607 (Continued) - 45 - Item III-K.l.a. PUBLIC HEARING ITEM # 35607 (Continued) PLANNING BY CONSENT The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: William D. Sessoms, Jr. *Councilman Jones ABSTAINED and DISCLOSED on Item III-K.1, pursuant to Section 2.1-639.14(E) of the Code of Virginia, he is President of Holloman-Brown Funeral Home, Bayside Chapel, Inc., receives an annual salary in excess of $10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc. and has an ownership interest in the corporation which exceeds 3% of its total equity and assumes liability on behalf of the corporation which exceeds 3% of its asset value. Councilman Jones' letter of May 11, 1992, is hereby made a part of the record. May 12. 1992 City of Virginia Bcach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 FAX (804) 426-5687 May 11, 1992 Councilman Louis R. Jones Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Jones: I am writing in response to your request for an opinion regarding your ability to participate in the Council consideration of a petition by Holloman-Brown Funeral Home, Bayside Chapel, Inc. for closure of a portion of Princess Anne Road near Nimmo Church. This matter is currently scheduled for Council consideration at its May 12, 1992, meeting. SUMMARY/CONCLUSION: From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you have a personal interest in the City Council's consideration of a petition by Holloman-Brown Funeral Home, Bayside Chapel, Inc. for closure of a portion of Princess Anne Road near Nimmo Church as a result of your personal interest in Holloman- Brown Funeral Home, Bayside Chapel, Inc. Therefore it is my opinion that you are disqualified from participating in this transaction of the City Council and you are required to disclose your personal interest to the City Clerk. For your information, I have set out the disclosure requirements of § 2.1-639.14(E) at the end of this letter. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Councilman Louis R. Jones -2- Re: Conflict of Interests Opinion May 11, 1992 FACTS PRESENTED: Your request for an advisory opinion is generated by the Council's consideration of a petition by Holloman-Brown Funeral Home, Bayside Chapel, Inc. for closure of a portion of Princess Anne Road near Nimmo Church. This matter is currently scheduled for Council consideration at its May 12, 1992, meeting. You have advised that your concern, and reason for requesting this opinion, is that you are the President of Holloman-Brown Funeral Home, Bayside Chapel, Inc. You have further advised that you receive a salary in excess of $10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc., you have an ownership interest in the corporation exceeding 3% of its total equity, and you assume liability on behalf of the corporation exceeding 3 % of its asset value. ISSUE: Are you precluded from participating in the City Council's consideration of a petition by Holloman-Brown Funeral Home, Bayside Chapel, Inc. for closure of a portion of Princess Anne Road near Nimmo Church? DISCUSSION: I. Applicable Definitions of Section 2.1-639 1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act. C. Council consideration of a petition for a street closure is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. "Personal interest" is defined in § 2.1-639.2 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 five 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 Councilman Louis R. Jones -3- Re: Conflict of Interests Opinion May 11, 1992 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; and 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 a 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 realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions A. Personal Interest A personal interest exists by reason of one of five specified categories, as noted above in the definition of "personal interest." Specifically, my review of those categories and the facts presented indicate that you have a personal interest in Holloman-Brown Funeral Home, Bayside, Inc., the petitioner for the subject street closure. Your personal interest exists by virtue of the fact that you receive an annual salary from the corporation in excess of $10,000, you have an ownership interest exceeding 3 % of the corporation's total equity, and you assume liability on behalf of the corporation exceeding 3 % of its asset value. B. Personal Interest in the Transaction You have a "personal interest in a transaction" under the definition of § 2.1-639.2 by virtue of your personal interest in Holloman-Brown Funeral Home, Bayside Chapel, Inc. which is the subject of the transaction. III. Disclosure Requirements Based on the fact that the transaction has application solely to a business in which you have a personal interest, and it is reasonably foreseeable that you may realize a benefit or detriment as a result of City Council's consideration of the petition for closure of a portion of Princess Anne Road near Nimmo Church, § 2.1-639.11 (A)(1) disqualifies you from participating in the transaction. Additionally, you must disclose your personal interest in accordance with § 2.1-629.14(E). Enclosed please find a written declaration form. You must ftc a disclosure with the City Clerk, and such disclosure is to be reflected in the public records for a period of five years from the date of recording or receipt. Councilman Louis R. Jones -4- Re: Conflict of Interests Opinion May 11, 1992 Please contact me should you desire any additional information. Very truly yours, City Attorney LLL/RMB/clb Enclosure STATENENT OF CONSENT APPLICANT: HOLLOMON BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. APPLICATION: Street Closure DESCRIPTION: Portion of North side of Princess Anne Road, 439.97 feet East of General Booth Boulevard (Princess Anne Borough) CITY COUNCIL SESSION: May 12, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: Approximately 20 feet along the frontage of the site proposed for closure shall be retained as public right-of-way to provide for an ultimate ninety-two (92) foot right-of-way for this portion of Princess Anne Road. ® The ultimate disposition of this right-of-way shall be by purchase. Policy regarding determination of fair market value is available from the Office of Public Works Real Estate. ® A survey must be conducted to determine the location of the sixteen (16)-inch water line. If the facility is located within the area proposed for closure, dedication of a utility easement thirty (30) feet wide and centered over the water line is required. If a utility easement is required, the applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced in Condition #3. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may be located in the right-of-way proposed for closure. e The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 0 Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within one (180) days of the approval by City Council. Owner - 46- Item III-K.l.b. PUBLIC HEARING ITEM # 35608 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of FIRST FILIPINO BAPTIST CHURCH & ERNESTO ANDRADA, JR. for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF FIRST FILIPINO BAPTIST CHURCH & ERNEST ANDRADA, JR. FOR A CONDITIONAL USE PERMIT FOR A CHURCH & RELATED ACTIVITIES R05921423 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Filipino Baptist Church & Ernest Andrada, Jr. for a Conditional Use Permit for a church & related activities on the south side of Holland Road, west of Monet Drive. Said parcel is located at 2969 Holland Road and contains 2.25 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The semi-circle entrance shown on the submitted plan is not acceptable. A single 30' commercial entrance is required. 2. The parking lot must be redesigned to preserve as many trees as practical located on the Eastern side of the structure. Existing trees located near the Southern property line must also be preserved to the maximum extent practical to provide a buffer for the residential neighborhood to the South. A tree preservation and protection plan must be submitted for review and approval. 3. A Best Management Practices facility must be provided to control stormwater runoff in accordance with the Stormwater Management Ordinance. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May~ Nineteen Hundred and Ninety-Two. May 12, 1992 -47 - Item III-K.l.b. PUBLIC HEARING ITEM # 35608 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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. May 12, 1992 STATEMENT OF CONSENT APPLICANT: FIRST FILIPINO BAPTIST CHURCH and ERNESTO ANDRADA, JR. APPLICATION: Conditional Use Permit - 2969 Holland Road (Princess Anne Borough) DESCRIPTION: Church and related activities CITY COUNCIL SESSION: May 12, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: e The semi-circle entrance shown on the submitted plan is not acceptable. A single thirty-foot commercial entrance is required. The parking lot must be redesigned to preserve as many trees as practical located on the eastern side of the structure. Existing trees located near the southern property line must also be preserved to the maximum extent practical to provide a buffer for the residential neighborhood to the south. A tree preservation and protection plan must be submitted for review and approval. A Best Management Practices facility must be provided to control stormwater runoff in accordance with the Stormwater Management Ordinance. Owner By: Date: Attorney/Agent -48 - Item III-K.l.c. PUBLIC HEARING ITEM # 35609 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of SAINT LUKE'S UNITED METHODIST CHURCH BOARD OF TRUSTEES for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF SAINT LUKE'S UNITED METHODIST CHURCH BOARD OF TRUSTEES FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05921424 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saint Luke's United Methodist Church Board of Trustees for a Conditional Use Permit for a church at the northeast corner of Holland Road and Stoneshore Road. Said parcel is located at 3396 Stoneshore Road and contains 3 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A Best Management Practice facility must be provided to control stormwater runoff from the addition in accordance with the Stormwater Management Ordinance. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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. May 12, 1992 STATEMENT OF CONSENT APPLICANT: APPLICATION: ST. LUKE'S UNITED METHODIST CHURCH Conditional Use Permit - 3396 Stoneshore Road (Princess Anne Borough) DESCRIPTION: Church CITY COUNCIL SESSION: May 12, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: A Best Management Practice facility must be provided to control stormwater runoff from the addition in accordance with the Stormwater Management Ordinance. By: Attorney/Agent - 49 - Item III-K.l.d. PUBLIC HEARING ITEM # 35610 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of THE ORTHODOX CHRISTIAN MISSION OF TIDEWATER Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF THE ORTHODOX CHRISTIAN MISSION OF TIDEWATER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05921425 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Orthodox Christian Mission of Tidewater for a Conditional Use Permit for a church on the east side of Gammon Road, 204 feet north of Indian River Road. Said parcel is located at 824 Gammon Road and contains 31,558 square feet. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelft~ 9f May, Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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. May 12, 1992 Item III-K.l.e. - 50 - PUBLIC HEARING ITEM # 35611 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of M. R. & MARY R. WELCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF M. R. & MARY R. WELCH FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S STORAGE YARD R05921426 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M. R. & Mary R. Welch for a conditional use permit for a contractor's equipment storage yard on certain property located on the north side of Industry Lane, 270 feet east of Central Drive. Said parcel contains 1.8 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Category VI screening shall be provided along the entire perimeter of the site. 2. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May~ Nineteen Hundred and Ninety-Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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. May 12, 1992 STATENENT OF CONSENT APPLICANT: N. R. and NARY R. WELCH APPLICATION: Conditional Use Permit - Industry Lane/Central Drive (Princess Anne Borough) DESCRIPTION: Contractor's equipment storage yard CITY COUNCIL SESSION: May 12, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: Category VI screening shall be provided along the entire perimeter of the site. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. Attorney/Agent Owner Date: - 51 - Item III-K.2.a. PUBLIC HEARING ITEM # 35612 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant and advised City Staff has requested DEFERRAL until May 26, 1992, while the Water Task Force finalizes possible amendments to the Water Conservation Ordinance. Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council DEFERRED until the City Council Session of May 26, 1992, an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES MASTER PLAN Ordinance upon application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow townhouse development in lieu of multiple family development on Parcel A-2 located on the east side of Bold Ruler Drive, 1564.9 feet south of Dam Neck Road. Said parcel contains 20.791 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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 May 12, 1992 - 52 - Item III-K.2.b. PUBLIC HEARING ITEM # 35613 PLANNING Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132 Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council APPROVED the application of H. WAYNE & BARBARA C. McGRAW for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance and ADOPTED an Ordinance upon application of H. WAYNE & BARBARA C. McGRAW for a Conditional Use Permit: Application of H. Wayne & Barbara C. McGraw for an Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance on property located at 2860 West Landing Road. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF H. WAYNE AND BARBARA C. McGRAW FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-2 AGRICULTURAL DISTRICT R05921427 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of H. Wayne & Barbara C. McGraw for a Conditional Use Permit for a single family dwelling in the AG-2 Agricultural District on certain property located at 2860 West Landing Raod. Said parcel contains 30,927.6 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Verification of legal ingress/egress to the subject site must be provided during final subdivision plat review. 2. A vegetative buffer~ which is a minimum width of 15 feet shall be established alon~ the western property line adjacent to the North Landing River. The buffer shall consist of a mixture of indigenous trees and shrubs, planted on lO-foot centers or less and may be planted with seedling material. Once created~ the buffer area may not be cleared~ cut or mown except as necessary to provide site lines and access points in accordance with Section 7 (c) of the Southern Watershed Management Ordinance. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Two. May 12, 1992 -53 - Item I II-K.2.b. PUBLIC HEARING ITEM # 35613 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, 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 May 12, 1992 - 54 - Item III-K.2.c. PUBLIC HEARING ITEM # 35614 PLANNING Attorney R. J. Nutter, 4425 Corporation Lane, Phone; 671-6000 represented the applicant ' Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of TIDEWATER AUTOMOTIVE CENTER, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER AUTOMOTIVE CENTERS, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR ESTABLISHMENT ON CERTAIN PROPERTY R05921428 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Automotive Centers, Inc. for a Conditional Use Permit for an automotive repair establishment on certain property located at 5166 Princess Anne Road, Unit #1, Carolanne Shopping Center. Said parcel contains 3,300 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. All repairs shall be conducted inside the building. No outside repairs or storage of automobiles or auto parts will be allowed. 2. The compressor shall be placed inside the building. 3. This site is approved for light automobile repair uses only as defined in Section 111 of the City Zoning Ordinance under the definition for automobile repair establishments. 4. All parking related to this proposed automobile repair facility shall be accommodated within parking spaces designated for this use. Overflow parking intruding into parking spaces for adjacent retail uses will not be allowed. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety-Two. May 12, 1992 - 55 - Item I I I-K.2.c. PUBLIC HEARING ITEM # 35614 (Continued) PLANNING Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None May 12, 1992 - 56 - Item III-K.2.d. PUBLIC HEARING ITEM # 35615 PLANNING The following spoke in SUPPORT of the application: Lucy Wade, 1017 Abingdon Road, Phone: 425-1986, President - CRW, Inc. Tuck Bowie, 1709 Oxen Court, Phone: 481-2741 Art Rutter, 901Holladay Point, Phone: 428-1954 The following spoke in OPPOSITION to the application: Attorney Mike Gardner, One Columbus Circle, Suite 900, Phone: 473-5374 represented adjacent residents. ' Harry Jennings, 2865 Indian River Road, Phone: 495-5200 Sandy Stuchell, 8845 Colonial Parkway, Phone: 486-1506, owns two tracts of land adjacent to the property Steven H. Snyder, 2645 Indian River Road, Phone: 721-5360, distibuted a list of proposed additional conditions Bernard Walker, 6608 Oceanfront, Phone: 428-1718 Sharon C. Mosely, 2709 Indian River Road, Phone: 721-7170 A motion was made by Councilwoman McClanan, seconded by Councilman Lanteigne to DEFER Ordinance upon application of CRW, INC. for a Conditional Use Permit. This DEFERRAL would enable development of an overall policy by a Committee, composed of representatives of E. V. Williams Borrow Pit Operations, residents and City Staff, relative borrow pits in the Southern portion of the City addressing all safety, residential and hydrology concerns. Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Brazier, City Council ADOPTED an Ordinance upon application of CRW, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CRW, INC. FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R05921429 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CRW, INC. for a Conditional Use Permit for a borrow pit on the south side of Indian River Road, 2860 feet more or less west of West Neck Road. Said parcel is located at 2765 Indian River Road and contains 35.066 acres. PRINCESS ANNE BORUGH. The following conditions shall be required: 1. The operator shall post a $20~000 performance bond 9uaranteein~ the operator's performance of its obligation to provide continuous water service. The surety shall be listed as an approved surety by the United States Department of the Treasury Fiscal Service in the current edition of Department Circular 570. The operator of the borrow pit shall be responsible for continuous water service for existing private wells up to 1,000 feet from the perimeter of the proposed pit. The operator's responsibility shall be to promptly replace, at the operator's cost, any well within this "cone of influence". The operator of the borrow pit ~ shall be responsible for continuous water service for private wells located between 1,000 and 5,000 feet from the perimeter of the proposed pit if the affected property owner can present credible evidence that the borrow pit operation caused his or her well to fail. The operator's responsibility shall be to promptly replace, at the operator's cost, any well affected. May 12, 1992 - 57 - Item III-K.2od. PUBLIC HEARING ITEM # 35615 PLANNING 2. The borrow pit will be operated in a dust free manner. 3. An excavation permit is Department of Public Works. required from the 4. Operating hours shall be 7 a.m. until 5 p.m.~ Monday through Friday and on Saturday from 7 a.m. until NOON. No Sunday operating shall be permitted. 5. Electric pumps for dewatering shall only operate between the hours of 7 a.m. and 5 p.m., Monday through Friday and on Saturday from 7 a.m. until NOON. No Sunday operating shall be permitted. 6. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the State Board of Health to eliminate breeding places for mosquitoes and other insects. 7. Discharge from the sedimentation/dewatering basin shall be in compliance with the Southern Watershed Management Ordinance. 8. Only 30 truck trips per day shall be allowed. 9. West Neck Road shall not be used as a haul road. 10. Excavation must be completed by December 31, 2002. 11. Renewal of the City Zoning Ordinance is required after a-f-i-~e-~a~-one-year period. 12. A 43-foot right-of-way dedication is required along this site's Indian River Road frontage, as per the applicant's proffer. A left turn lane shall be constructed by the applicant. 13. Category III landscaping shall be installed along the Indian River Road dedication void of existing trees. 14. A variance is required from the Board of Zoning Appeals to place over-burden in the required 100- foot buffer. 15. The applicant shall adhere to the site plan and to all other conditions/stipulations submitted by the applicant. 16. The applicant shall secure permits, as may be required by the Virginia State Water Control Board, for the withdrawal of groundwater and/or discharge of water from the sedimentation basin. May 12, 1992 - 58 - Item III-K.2.d. PUBLIC HEARING ITEM # 35615 PLANNING 17. Additional calculations must be submitted at the time of detailed site plan review which demonstrate that adequate settling of suspended solids will occur prior to the discharge of water from the sedimentation basin. 18. The final site plan shall include a planting schedule which describes the planting of vegetative species and density on the wetlands bench. 19. In addition to the berm shown on the submitted site plan on the South and West sides of the borrow pit, a berm may also be constructed on the East side of the pit. Board of Zoning Appeals approval is required for any encroachment of the berm within the required lO0-foot buffer. 20. The applicant is subject to all regulations re~ardin~ the Department Minerals and Energy. pertinent of Mines, This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May~ Nineteen Hundred and Ninety-Two. Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fen~ress, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Louis R. Jones, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED and DISLOSED although there is no conflict of interest as it pertains to direct financial involvement, and Parker Pools does not make $10,000 from the owners of the subject property, Mr. and Mrs. Rutter, the father and owner of the land, have been clients of Parker Pools for over 21 years. Councilwoman Parker's letter of May 13, 1992, is hereby made a part of the record. May 12, 1992 - 59 - Item IlI-K.2.e. PUBLIC HEARING ITEM # 35616 PLANNING J. Randall Royal, Engineering Services - 3357 Stoneshore Road, Phone: 468-6800 Attorney John Richardson, Stallings and Richardson, Phone: 422-4700 Upon motion by Coucilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED Ordinances upon application of PLEASANT ACRES, LTD. and RIVER WALK DEVELOPMENT for Conditional Zoning Classifications: ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD., A VIRGINIA CORPORATION AND RIVER WALK DEVELOPMENT, INC., A DELAWARE COPRORATION, FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-7.5 Z05921349 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pleasant Acres, Ltd., a Virginia Corporation, and River Walk Development, Inc., a Delaware Corporation, for a Conditional Zoning Classification from AG-1 Agricultural District to R-7.5 Residential District on certain property located 600 feet south of Holland Road beginning at a point 550 feet more or less west of Christopher Farms Drive. The proposed zoning classification change is for residential land use. The Comprehensive Plan recommends use of this parcel for residential development at a density no greater than 3 dwelling units per acres. Said parcel contains 46.59 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD., A VIRGINIA CORPORATION, AND RIVER WALK DEVELOPMENT, INC. A DELAWARE CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-7.5 Z05921350 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pleasant Acres, Ltd., a Virginia Corporation, and River Walk Development, Inc., a Delaware Corporation, for a Conditional Zoning Classification from AG-1 Agricultural District to R-7.5 Residential District on certain property located 600 feet south of Holland Road begining at a point 2200 feet more or less west of Christopher Farms Drive. The proposed zoning classification change is for residential land use. The Comprehensive Plan recommends use of this parcel for residential development at a density no greater than 3 dwelling units per acres. Said parcel contains 3.34 acres. PRINCESS ANNE BOROUGH. May 12, 1992 - 60 - Item III-K. 2.e. PUBLIC HEARING PLANNING ITEM # 35616 (Continued) AND, ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD., A VIRGINIA CORPORATION AND RIVER WALK DEVELOPMENT, May 1~, 1992 The Honorable Meyers E. Obemdorf, Mayor Municipal Center Virginia Beach, VA 23456 Dear Mayo,' Obemdorf: While there is no conflict of interest as it pertains to direct financial involvement, and Parker Pools doc~ not make $10,000 from the owners of the subject property, they, Mr. and Mrs. Ruttcr, the father and owner of the land, have been clients of Parker Pools for over 21 years. In order to negate the appearance of a conflict for a client, I shall be abstalning. This position is consistent with past Council applications as they pertain to our business. Councilmember of May~ Nineteen Hundred and Ninety-Two. May 12, 1992 - 61 - Item III-K.2.e. PUBLIC HEARING ITEM # 35616 (Continued) PLANNING Voting: 9-2 Council Members Voting Aye: John Ao Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None May 12, 1992 STALLINGS AND =~ICHARDSON COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED TO THE CITY OF VIRGINIA BEACH, VIRGINIA Grantor: PLEASANT ACRES, LTD., a Virginia Corporation c/o: Norfolk Warehouse Distribution Centers, Inc. 6969 Tidewater Drive Post Office Box 2556 Norfolk, Virginia 23501 THIS PROFFER AGREEMENT, made this 23rd of March , 1992, by and between PLEASANT ACRES, LTD., owner of the Property as described hereinafter, and hereinafter referred to as Grantor, and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter Grantee. W I TN ES SETH : WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, in order to change the zoning classification of the Grantor's property from AG-1 and AG-2 to R-7.5; and WHEREAS, Grantor is the owner of a certain parcel of property, hereinafter the Property, located in the Princess Anne Borough of the City of Virginia Beach, Virginia, said property hereinafter referred to as the Property and further described as follows: 79.57 acres located on the west side of Holland Road, between the subdivisions of Woods of Piney Grove and Christopher Farms, as shown on a "Plat of Survey of Property of Pleasant Acres, Ltd., a Virginia Corporation," made by W. -1- STALLINGS AND VIRGINIA I=1 ~' AC~ H, VII~GINIA P. Large, Inc., dated February 26, 1988, and recorded in Book 2715, at Page 10650, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; and WHEREAS, the Grantee's policy is to provide only for the orderly development of the land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that in order to recognize the effects of change created by Grantor's proposed rezoning, and in order to permit various types of uses on and in the area of the Property, certain reasonable conditions governing the use of the Property, for the protection of the community, that are not generally applicable to land in the requested zoning classification are needed to resolve the situation to which the Grantor's proposed development gives rise; and WHEREAS, Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the requested zoning district by the existing zoning ordinances, the following reasonable conditions related to the physical development, operation and use of the Property be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and -2- STAt. LII~G $ AND ~ICHAI~D$ON WHEREAS, said conditions having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property; provided, however, that Such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance; however, the conditions may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia and provided said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void; NOW, THEREFORE, the Grantor, for themselves, their heirs, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or -3- STALLINGS AND ~ICHA~DSON VIRGINIA ~£ACH, its governing body and without any element of compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development,, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The total number of dwelling units on the Property shall not exceed 153. 2. Development of the substantially in accordance Property shall be with the accompanying Preliminary plan entitled "PRELIMINARY SUBDIVISION PLAN, OPTION 1, FOR HOLLAND LAKES IN VIRGINIA BEACH," dated February 25, 1992, and made by Engineering Services, Inc., hereinafter the Preliminary Plan. 3. Grantor shall reserve for future conveyance to Grantee property for the widening of Holland Road and for the extension of London Bridge Road, generally as shown on the Preliminary Plan, to facilitate Grantee's contemplated future improvement of those roads, and Grantor shall construct landscaping (category VI) improvements and measures along those roads to minimize the effects of the -4- I~IC HAI~D$ON q~fNIA ~I~AC H, roads upon the remaining property. As part of these landscaping measures, the existing stand of trees along Holland Road will be preserved and protected to the maximum practical extent, except where crossed by street, canal or other imprOvements. 4. Grantor shall construct or provide amenities on the Property to enhance the overall appearance of the developed Property, and to improve the lifestyle of its residents. Such amenities shall be substantially completed and available for the use of residents simultaneous with or prior to the recordation of the 100th lot, and shall include, but not be limited to, the following: a. A community clubhouse of approximately 2,000 square feet; and b. A landscaped lake as generally shown on the aforesaid Preliminary Plan. The dimensions of the lake may be increased or decreased at the request of the City of Virginia Beach. 5. Grantor shall work with the builder(s) who ultimately contract to purchase the lots to develop additional covenants and .restrictions concerning the architecture and siting of individual homes. These shall be designed to promote an aesthetically pleasing, non- monotonous appearance in the development, and shall provide for the following, as a minimum: -5- STALLINGS AND RICHARDSON VIRGINIA BEACH, VIRGINIA a. Driveways on each lot wide enough to allow two cars to park side-by-side, so as to discourage on- On corner lots, the driveway location the side farther from the street street parking. should be on intersection. b. Homes shall have a minimum square footage of heated living space of 1,500 square feet for one story homes, and 1,800 square feet for two story homes. Total square footage of living area will be calculated on floor space, measured to the exterior walls, excluding decks, porches, unheated storage areas, and unfinished rooms over the garage. Single story homes having a finished and heated room over the garage shall have a minimum square footage of 1,650 square feet. c. In addition to observing all building setbacks, the placement of dwellings shall be staggered to the extent possible from the setback of an established adjacent dwelling to enhance the view of the dwellings from the street. d. The selection of materials shall be harmonious with the architectural motif of each dwelling unit and community as a whole. Exterior walls with the same color scheme will be permitted on a frequency of only every third dwelling unit. Roofing materials should be darker in color than the exterior wall colors. Roof lines should be varied in nature and overhangs should be in balance with both the size of the roof and volume of the -6- STALLINGS AND structure. Flat roofs or styled roofs conflicting with the neighborhood character will not be allowed. Primary roof slopes shall be a minimum of 6:12 (6" vertical per 12" horizontal). Exterior materials shall reflect harmony with both the environment' and other structures in the neighborhood. The predominant exterior material on the front elevation of any building shall also be the predominant exterior material on the side and rear elevations of that building. Composition sheet siding, asbestos, unfinished wood, exposed concrete or exposed concrete are unacceptable exterior materials. e. Roofing shingles, shakes, etc., shall be no less than a weight of 240 pounds per square (one square = 100 square feet) or greater. Exposed vent stacks shall be located for minimum visibility. The foregoing conditions shall be substantially adhered to; however, further conditions may be required by the Grantee during detailed site plan review and administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia in force as of the date of this Agreement, which is by this reference incorporated herein. The Grantor further covenants and agrees that: -7- STALLINGS AND RICHARDSON VII~GINIA BEACH, VIBGINIA (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority to: a. order, in writing, that any noncompliance with such conditions be remedied; b. bring legal action or suit to ensure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit or proceedings; and c. require a guarantee in an amount sufficient for and conditioned upon construction of improvements required by conditions. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to the provisions of this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in Court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the -8- STALLINGS AND F~ICHAI~D$ON VIRGINIA BI'ACH, VIRGINIA conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of both the Grantor and the Grantee. WITNESS the following signatures and seals: GRANTOR: PLE~RES, LTD. '-'Robert T. T~ylo~,~esiaent STATE OF VIRGINIA, , to-wit: Subscribed and sworn to before me this~ day of ./~ ~ , 1992, by Robert T. Taylor, President of Pleasant Acres, Ltd., the Grantor herein. My commission expires: -9- - 62 - Item I II-L.1. APPOINTMENTS ITEM # 35617 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: EROSION COMMISSION Jeffrey J. Beaton Unexpired thru 4/30/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 - 63 - Item I I I-L.2. APPOINTMENTS ITEM # 35618 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to: GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE May 12, 1992 Item III-L.3. APPOINTMENTS ITEM # 35619 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Loretta Cornelius Tanya Monroe Unexpired thru 12/31/92 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 May 12, 1992 - 65 - Item III-L.4. APPOINTMENTS ITEM # 35620 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: CITY MANAGER'S WATER TASK FORCE John A. Baum (Resignation of Vice Mayor Robert E. Fentress) 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 May 12, 1992 - 66 - Item III-M.1. NEW BUSINESS ITEM # 35621 Pinky Drew, 211 24h Street, Phone: 428-3389, Owner - Corner 24 Surf Shop. Mrs. Drew advised the Roll Patrol is a volunteer organization sponsered by Corner 24 Surf Shop in conjunction with the lISA (International In-line Skating Association) to promote "Skate Smart" Programs here in Virginia Beach. Their primary goal is to assist the police, beach service and the City as a whole by asking skaters to slow down, maintain control, wear their safety gear at all times and be aware that skating on the boardwalk is a privilege not a right. Cyclists will also be instructed to remain on the bike path and to control their speed. Upon motion by Councilman Sessoms, seconded by Councilman Lanteigne, Council ADOPTED: Resolution expressing support for the "Roll Patrol" concept to assist the Police at the Resort Area. 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 Wi liam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Requested by Councilman William D. Sessoms, Jr. A RESOLUTION EXPRESSING SUPPORT FOR THE ROLL PATROL revenues; WHEREAS, the City has recently been faced with declining WHEREAS, this decline in revenues has directly impacted the level of services that the City has been able to provide in many areas, including law enforcement; WHEREAS, the City has long recognized the need to increase law enforcement activities at the Resort Area during the summer season in response to seasonal demands; WHEREAS, much of the law enforcement effort at the Resort Area includes, among other things, advising citizens and visitors that certain activities are in violation of City ordinance; WHEREAS, the Corner 24 Surf Shop, located at the corner of 24th Street and Pacific Avenue, has agreed to sponsor the "Roll Patrol" which would be comprised of individuals who would patrol the Resort Area on skates and advise bicyclists to stay on the bicycle path, pedestrians to stay on the boardwalk, and skaters to slow down and skate "smart"; WHEREAS, the "Roll Patrol" would consist entirely of volunteers who would act in a "courtesy" capacity and would have no enforcement powers; WHEREAS, the Police Department has been advised of, and endorses, the "Roll Patrol" concept; and WHEREAS, the "Roll Patrol" would be a welcome asset to the Resort Area in light of the Police Department's limited resources. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby expresses its support for the Roll Patrol and its efforts to assist the Police Department in advising bicyclists, skaters and pedestrians on the boardwalk and 33 34 bicycle path adjacent thereto of the laws concerning their respective activities. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12 day of May , 1992. 37 38 39 CA-4670 ORDIN\NONCODE\ROLL.RES R-2 2 - 67 - Item III-M.2. NEW BUSINESS ITEM # 35622 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council MOVED FORWARD AND ADOPTED: Resolution to recognize and commend law enforcement personnel and City Prosecutors for superior performance in the case of the tragic murder of two young boys within the City. The Honorable Robert J. Humphreys, Commonwealth's Attorney and Frank J. Zanin Assistant Commonwealth's Attorney ACCEPTED the Resolution. 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 May 12, 1992 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Requested by Councilmember Reba McClanan A RESOLUTION TO RECOGNIZE AND COMMEND LAW ENFORCEMENT PERSONNEL AND CITY PROSECUTORS FOR SUPERIOR PERFORMANCE WHEREAS, the City of Virginia Beach was recently shocked by the tragic murder of two young boys; WHEREAS, although initially presented with limited information surrounding these terrible crimes, members of the Virginia Beach Police Department, displaying thoroughness, team work and professionalism of the highest level, identified the individual who had committed the murders and subsequently obtained a confession to the crime; WHEREAS, members of the Office of the Virginia Beach Commonwealth's Attorney provided sound and timely advice and guidance to the Police Department through the course of their investigation, and thereafter performed commendably in the prosecution of the case, resulting in the conviction of the guilty person; and WHEREAS, certain members of the Police Department and Commonwealth,s Attorney's Office are particularly deserving of recognition. NOW THEREFORE BE IT RESOLVED, that this Council commends and expresses its appreciation to the members of the Police Department and the Office of the Commonwealth's Attorney who participated in this case for the hard work, perseverance, and investigative and legal skills which brought the matter to a just conclusion; BE IT FURTHER RESOLVED, that the Council individually recognizes Commonwealth's Attorney Robert J. Humphreys, Assistant Commonwealth,s Attorney Frank J. Zanin, Detective Shawn W. Hoffman, Detective James D. Price, and Evidence Technician Giselle P. Ruff, whose industry, professionalism and dedication to duty reflected great credit upon the institutions of law enforcement and criminal justice in our community. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of May , 1992. CA-4628 ORDIN\NONCODE\COMMEND.RES R-4 - 68 - Item III-M.3 C I TY MANAGER'S BR I E F I NG CR U I S I NG ORD I NAN CE ITEM # 35623 C. Oral Lambert, Jr., Chief of Staff, distributed a DRAFT Ordinance to AMEND and REORDAIN Chapter 21 of the Code of the City of Virginia Beach, Virginia, by adding Section 21-260, pertaining to cruising on Atlantic Avenue. Traffic congestion on Atlantic Avenue has long been a concern expressed by many residents, businesses in the area, as well as City Staff and impacts the visitors to the area. At times, the situation reaches near gridlock levels and goes beyond the nuisance or inconvenience factor for motorists. It is felt by many to be an intolerable situation. The Atlantic Avenue Corridor is already heavily impacted by valid business trips, with the influx of visitors, and the acitivities occuring there. Adding to this problem, is the practice of "crusing". Cr, lsing is driving back and forth with no destination point, simply for entertainment or pleasure. Another term might be recreational driving. Cruising has also been associated with undesirable behavioral problems. The Atlantic Avenue Circulation Committee, an arm of the Resort Area Advisory Commission, advised in their report in January, a significant contributor to the behavioral problems experienced in the Resort Area is the practice of cruising on Atlantic Avenue, especially between Fifteenth and Twenty-fifth Street during the weekend and holiday period during the tourist season. The practice has persisted for years and has not been addressed adequately by ordinances. Mr. Lambert displayed samples of signs which would be placed on several side streets leading into Atlantic Avenue and along Atlantic Avenue warning motorists of the new law. Concern was expressed by City Council relative enforcement. The Ordinance will be SCHEDULED for the City Council Session of May 26, 1992. May 12, 1992 - 69 - Item III-M.3. NEW BUSINESS ITEM # 35624 ADD-ON Mayor Oberndorf referenced the Public Service Forum at the Norfolk Waterside- Marriott Convention Center on Thursday, May 21, 1992, sponsored by VIRGINIA- TECH (Virginia Polytechnic Institute and State University). The Forum will provide an overview of the prospects for federal action to assist defense conversion by Senator Charles Robb. The Mayor distributed the invitation and revised agenda to Members of City Council. The City Manager advised his attendence. May 12, 1992 - 70 - Item III-M.4. NEW BUSINESS ITEM # 35625 ADD-ON Councilwoman Parker referenced the Water Conservation Program results for the Month of April. Last year, during the month of April, the City utilized 30.5- MILLION gallons. This amount has dropped to 27-MILLION gallons during April 1992. The public is to be commended. May 12, 1992 - 71 - Item III-N.1. ADJOURNMENT ITEM # 35626 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 6:40 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk ~uth Hod~es'Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia May 12, 1992 AGENDA ITEM # F/1 F/2 H/1 I/3 I/4 ae be i/7 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 12, 1992 PAGE: One SUBJECT MOTION TO IPASSED BRIEF I NGS: I CHESAPEAKE BAY PRESERVATION ACT Louis E. Cul lipher, Dir, Natural Resources/ I I CRUISING ORDINANCE INFORMAL/FORMAL SESSIONS CERTIFICATION OF EXEC SESSION MINUTES: INFORMAL/FORMAL SESSIONS - April 28, 1992 MINUTES: FY 1992-1993 BUDGET PUBLIC HEARING - April 30, 1992 RESOLUTION: SAM MEYERS DAY Howard S. Meyers, Jr. i1986 BOND REFERENDA iResolution to appoint City's Designee re Declarations of ~Official Intent in compliance with IRS Regulations Resolution approving application re loan of $2,500,000 from Literary Fund to the School Brd Ordnc to ACCEPT/APPROPRIATE a $91,850 Grant from Va State Library/Archives to Circuit Ct Clerk to transfer Land Records to Optical Disks Ordnc to APPROPRIATE $3,750 of Francis Land Trust Fund re pro- motional brochure Ordncs authrzng TRANSFERS to Dvlpmt Authrty re on-site infra- structure improvmts: $600,000 - C&P Telephone Co's Eastern Va Regnl Headqrtrs/Admin Office Bldg $15,000 - Ticketmaster-NY, Inc's regnl headqrtrs/telephone center Ordnc to TRANSFER $88,335 from Seatack St Phase liB re upgraded constr cost of Bells Rd Ordnc to TRANSFER $32,000 re computer-aided drafting/design (CADD) workstation/eliminate one drafting technician position Rural Services I C. Oral Lambert Jr. Chief of Staff CERTIFIED APPROVED APPROVED ADOPTED 11-0 10 -0 9-0 11-0 Cynthia Davenport, Vice Chairman ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED 11-0 11-0 11-0 11 -0 11-0 11-0 11-0 Y Y Y Y *C Y IH T H R 0 E B S E S R Y y * y L A N T J E 0 I N E S Y Y Y Y [Y Y yburn abstained * IY IY IY IY I* I L A A R N A [E E N R Y Y Y Y Y Y Y Y IY *Brazier/Lanteigne abstained I I Y Y Y IY Y IY Y Y Y Y Y .Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y IY Y Y Y Y Y Y Y Y Y Y Y Y IY Y Y Y Y Y Y Y Y AGENDA ITEM # ~/8 i/9 J/~ J/1/a J/1/b J/1/c J/1/d J/1/e J/1/f J/1/g J/1/h J/1/i J/1/j J/1/k J/ADD ON CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 12, 1992 PAGE: Two SUBJECT Ordnc authrzng encroachmt into portion of r-o-w of Sea Breeze Pt Tr to Robert C/Judy C Barker re const/maint of two 4'x4' brick columns (LYNNHAVEN BOROUGH) Tax refunds: $562.39 FY 92-93 BUDGET APPROPRIATIONS: Ordnc making APPROPRIATIONS for FY 92-93 in sum of $668,512,416 for Operations/$240,O08,758 in Interfund Transfers regulating the City Treasury Ordnc establshng tax levy on real estate for FY 1993 Ordnc establshng tax levy on Ipersonal property/machinery/ tools for Calendar Year 1993 Ordnc authrzng suspend salary increases for employees eligible to receive merits/promotions for FY 92-93 Ordnc authrzng transfer excess appropriations to Reserve for Contingencies re use in funding unanticipated expenditures Ordnc to AMEND Sec 2-109.1 of the Code re merit leave Ordnc to AMEND Secs 8-10/23-48/ 23-50.1 of the Code re unsafe structures/open storage of dilapidated equipmt/removal of diseased trees Ordnc to AMEND Sec 31-61 of the Code re increased charge for depositing solid waste Ordnc authrzng fees re use of computerized dial-up services to access the City's assessmt files Resolution authrzng reorganize existing structure City Operatns with continuing analyzation Ordnc to AMEND Chapter 2 of the Code reflecting changes required by reorganization of City Admin Resolution to serve as recmmnded guidance to School Board re compensation for employees/all reversions from School System for Fy 91-92 be used only for School capital improvmts MOTION TO ADOPTED ADOPTED ADOPTED AS REVISED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED ADOPTED AS AMENDED ADOPTED I 11-0 Y 11-0 9-2 1 1-0 11-0 10-1 11 -0 11-0 11 -0 11-0 11 -0 11-0 11-0 11-0 B lc E N Y Y Y Y Y Y Y Y Y Y I Y ]Y Y I Y Y Y Y Y Y Y Y Y Y iY Y Y IY Y ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ ¥ iH T R E lB N S IE E S Y Y Y iY Y Y Y Y Y Y Yty YIY Y Y Y Y Y Y I I I IA 1~4 IN lc IE IT lC I~ P J E IL A 0 I1^ ID IR G IN I0 IK N IA IR IE :y y Y I I I Y IY Y Y I N IY Y N Y IY Y IY I I I Y Y IY Y I 1 N [Y Y Y Y Y Y Y Y Y Y IY Y Y Y Y Y Y Y Y Y Y Y IY Y Y IY Y IY Y I I I Y IY YIY I I I I Y ,Y Y IY AGENDA ITEM # K/1/a K/1/b K/1/c K/1/d K/1/e K/2/a K/2/b K/2/c K/Z/d K/2/e 2. 3. 4. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 12, 1992 PAGE: Three SUBJECT HOLLOMAN BROWN FUNERAL HOME closure of portion of Princess Anne Rd East of Gnrl Booth Blvd (PRINCESS ANNE BOROUGH) FIRST FILIPINO BAPTIST CHURCH/ ERNESTO ANDRADA, JR. CUP: church on Holland Rd/Monet Dr (PRINCESS ANNE BOROUGH) ST LUKE'S UNITED METHODIST CHURCH BOARD OF TRUSTEES CUP: church at Holland Rd/Stoneshore Rd (PRINCESS ANNE BOROUGH) ORTHODOX CHRISTIAN MISSION OF TIDEWATER CUP: church on Gammon Rd/Indian River Rd (KEMPSVILLE BOROUGH) M. R./MARY R. WELCH CUP: con- tractor's equipmt storage yard on Industry Ln/Central Dr (PRINCESS ANNE BOROUGH) R. G. MOORE BUILDING CORP Modi- fication of Ocean Lakes Master iPlan on Bold Ruler Dr/Dam Neck Rd (PRINCESS ANNE BOROUGH) H. WAYNE/BARBARA C. McGRAW in AG-2 at 2860 West Landing Rd (PRINCESS ANNE BOROUGH): Variances to Subdvsn Ordnc: Sec 4.4(b) all lots created meet all reqrmts of CZO/ Sec 4.4(d) all lots created have access to public st AND, CUP: single family dwelling TIDEWATER AUTOMOTIVE CENTERS INC CUP: auto repair at 5166 Princss Anne Rd, Carolanne Shopping Ctr (KEMPSVILLE BOROUGH) CRW, INC. CUP: borrow pit on Indian River Rd/West Neck Rd (PRINCESS ANNE BOROUGH) IPLEASANT ACRES, LTD/RIVER WALK DEVELOPMENT INC. Condtl Zoning on Holland Rd/Christopher Farms Dr (PRINCESS ANNE BOROUGH): AG-1 to R-7.5, 46.59 acres AG-1 to R-7.5, 3.34 acres AG-2 to R-7.5, 15.32 acres AG-2 to R-7.5, 14.32 acres MOTION TO APPROVED/ CONDITIONED APPROVED/ CONDITIONED APPROVED/ CONDITIONED APPROVED APPROVED/ CONDITIONED DEFERRED TO 5/26/92 and ORDNC RE WATER RESTRICTIONS TO BE SCHEDULED APPROVED/ CONDITIONED APPROVED/ CONDITIONED APPROVED/ CONDITIONED lAND REFER TO COMMITTEE FOR RECOMMENDATIONS TO COUNCIL ON BORROW PITS IAPPROVED/ PROFFERED PAS SED 9-0 10-0 10--0 10-0 10 -0 11-0 11-0 9-2 7-3 9-2 I i IF H E I S C H J 0 Io R E N IR E Y IF *Jones abstained I I Y Y YIY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YIY YLY YtY Y Y Y Y Y *Parker abstained 1 Y Y Y Y IY Y I I I I I I 1 LI Iol A MIBI N lc IE I I I IA ID IR K E R Y I Y Y Y Y Y Y Y N YIY YIY YIY Y Y Y Y Y Y Y Y N IN N * AGENDA ITEM # M/ADD ON N/1 N/1/a N/1/b CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: May 12, 1992 PAGE: Four SUBJECT MOTION TO IPASSED iAPPOINTMENTS: EROSION COMMISSION I GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION iCITY MANAGER'S WATER TASK FORCE ABSTRACT OF VOTES - GENERAL ELECTION - MAY 5, 1992 COUNCIL-SPONSORED ITEMS: Resolution expressing support for "Roll Patrol" concept to assist Police at Resort Area Resolution to recognize/commend law enforcement personnel/City Prosecutors for superior per- formance in the case of the tragic murder of two young boys within the City ADJOURNMENT: IAPPOINTED: I 11-0 Jeffrey J. Beaton Unexpired thru 4/30/95 RESCHEDULED APPOINTED: 11-0 Loretta Cornelius Tanya Monroe Unexpired thru 12/31/92 VICE MAYOR ROBERT FENTRESS RESIGNED/ APPOINTED COUNCILMAN JOHN A. BAUM ABSTRACT REC'D AND TO BE MADE A PART OF THE RECORD FOR THIS DATE ADOPTED ADOPTED 6:40 PM 11-0 11-0 11-0 B C R L A Y B Z B A I U M R ¥ ¥ Y Y Y Y B Y F E N T R E S S iY Y Y el° Y Y cf° H E I S C zl 0 I N G E N S E Y Y Y Y IY Y Y I Y jY Y Y N C E N Y IY Y Y I Y iY Y Y N C E N 0 B E R N D 0 N F P A R K E R Y Y Y S U Y Y Y Y S U