HomeMy WebLinkAboutJune 28, 1994 MINUTES
-I i , II
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
JUNE 28, '994
CITY MANAGER'S BRIEFINGS - Council Chamber - 3:00 PM
A. PERSONAL PROPERTY - CHANGES IN BILLING SYSTEM
John T. Atkinson, Treasurer
B. VIRGINIA BEACH OUTDOORS PLAN
Susan D. Walston, Director, Parks @ind Recreation
INFORMAL SESSION Council Chamber - 4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
FORMAL SESSION Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Chaplain William B. Dodd - Retired Pastor
Church of the Nazarene
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY CO(JNCIL
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1 . INFORMAL & FORMAL SESSIONS June 14, 1994
G. CONSENT AGENDA
AJI 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.
Resolution to endorse a uniform motor vehicle license decal renewal date of February
Fifteenth for all Hampton Roads jurisdictions.
2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia:
a. Sections 4-85, 4-87.1, 4-92, 4-92.2. 4-93 and 4-94 re bingo games and raff les
b. Sections 5-73 and 5-87 re animals
C. Section 22-11 re indecent exposure
d. Section 38-3.2 re use of bow and arrow
3. Ordinance to declare a portion of approximately ten (i 0) acres as EXCESS PROPERTY
adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of
John and Geraldine Corneft; and, authorizing the City Manager to dispose of same
(KEMPSVILLE BOROUGH).
4. Ordinanoe to authorize the City Manager to execute an Agreement between the City of
Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDOT),
re administering both the Rosemont Road widening and Route 44/Rosemont Road
Interchange modifications Westbc)und On-Ramp A projects.
5. Ordinance to ACCEPT and APPROPRIATE an $18,000.00 Grant from the Virginia
Department of Conservation and Recreation (DCR); and, TRANSFER $18,000.00 from
the Outdoor Plan Initiative Reserve (CIP #4-960) re construction of a portion of the
Pungo-Park Connector Trail.
6. Ordinance to APPROPRIATE $1 0,000 from Account #3002-1-4-02-03 (Civil Charges
for wetlands violations) to the Department of Agriculture re abatement of environmental
damage to, or restoration of, Wetlands.
7. Lease Agreement between the City of Virginia Beach and the Back Bay Wildfowl Guild
re operation of a museum of wildfowl art at dewift Coftage.
8. CERTIFICATES OF PUBUC CONVENIENCE AND NECESSITY:
EAST COAST LIMOUSINE
LAND YACHTS
MAS SERVICES
TOM'S LIMO SERVICE
9. Ordinance to authorize tax refunds in the amount of $1,952.50.
10. Ordinance to authorize a special tax refund in the amount of $13.06.
ii. Ordinance to authorize license refunds in the amount of $74,319.76
H. RESOLUTIONS/ORDINANCES
I Resolution to authorize the City Manager to execute a Loan CommItment Lefter for
$1,585,000.00 from the Virginia Revolving Loan Fund, and other necessary documents,
re sanitary sewer projects at Grayson/Bonney Road (CIP 6-006) and Dozler's Bridge
(CIP 6-008).
2. Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements
(Project 1-058) to Ocean Lakes High School (Project 1 -01 0) and Larkspur Middle
School (Project 1-053) re purchases necessary to open those schools in the Fall of 1994.
3. Ordinance to authorize the City Manager to submit a proposal for the acquisition of
certain property now hold by the Resolution Trust Corporation; negotiate for purchase of
the land; and, TRANSFER $500,000.00 for expenses associated therewith re possible use
for municipal purposes.
4. Ordinances re West Neck Creek Golf Course (CIP #2-254) on Seaboard Road
(PRINCESS ANNE BOROUGH):
a. TRANSFER $130,000 from the Tourism Growth Investment Fund (TGIF) re
purchase of an additional approximately eight (8) acres; and, authorize the City
Manager proceed with acquisition of same upon completion of certain legal
requirements
b. Grant a thirty (30)-year lease with a ten (1 0)-year renewal option to BRASSIE
GOLF CORPORAT10N ("Grantee") for the lease of approximately 185 acres of
City-owned property, and/or property the City may acquire, for construction,
maintenance and operation of an eighteen (18)-hole Public Golf Facility plus
related amenities.
5. Ordinance to TRANSFER $15,000 from General Fund Reserve for Contingencies to
Department of Economic Development re joint marketing efforts with Forward
Hampton Roads.
6. Ordinance re compensation for City Council Appointees.
PUBUC HEARING
1 . PLANNING
a. Application of CARROLL L and DIANA D. PALMER for a Condit'onal Use Permit
for a on the South side of Pleasant Ridge
Road, 1087.5 feet East of Dawley Road (1701 Pleasant Ridge Road), containing
4.057 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
b. Application of ST. MATTHEWS CATHOUC CHURCH for a Condoteonal Use Perm't
for a 120 feet more or less North of the intersection of Sandra
Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
C. RECONSIDERATION of Conditions placed on the May 12, 1992, approved
application of CRW, INC. for a i for a borrow pit at 2765
Indian River Road (PRINCESS ANNE BOROUGH), re number of truck trips per
day.
Recommendation: APPROVAL
d. Application of TIDEWATER REGIONAL GROUP HOME COMMISSION for a
Cond*t'onal Use ipermit for a on the South side of Americus Avenue
beginning at a point 350 feet more or less West of Birdneck Road, containing
30,657.52 square feet (LYNNHAVEN BOROUGH).
Deferred: June 14, 1994
Recommendation: DENIAL
e. Application of VIRGINIA BEACH CHURCH OF CHRIST for a
Permet for a church at the Southeast intersection of Great Neck Road and the
Norfolk-Virginia Beach Expressway (2219 Commerce Parkway), containing 1200
square feet (LYNNHAVEN BOROUGH)
Recommendation: DENIAL
f. Applications of DOUGLAS B. MUNDEN at the Northeast intersection of Muddy
Creek Road and Drum Point Road (PUNGO BOROUGH):
(1) V to Section 4.4(b) of the Subdivision Ordinance which requires that
all lots created by subdivision meet all requirements of the City Zoning
Ordinance
(2) Conditional Use Permit for in the AG-1
and AG-2 Agricultural Districts (parcel containing 86.1 acres)
Recommendation: DENY BOTH APPLICATIONS
9. SOUTHERN RURAL AREA PL-AN (Sponsored by Councilman John A. Baum)
(1) Ordinance to AMEND the Comprehensive Plan re rural residential
development (yielding approximately 2500 additional dwelling units).
(2) Ordinance to AMEND and REORDAIN Sections 401, 402 and 405 of the
Comprehensive Zoning Ordinance re agricultural districts.
(3) Ordinance to AMEND and REORDAIN Section 4.1. Subsection (p) of the
Subdivision Ordinance re cul-de-sac streets.
Recommendation: APPROVE ALL AMENDMENTS
h. CITY OF VIRGINIA BEACH:
(1) Conditional Us r to on the
Southwest side of Seaboard Road, 3500 feet Northwest of Princess Anne
Road, containing 338.7 acres (PRINCESS ANNE BOROUGH)
Recommendation: APPROVAL
(2) Ordinance to adopt the Oceanfront Resort Area Concept Plan.
(3) Ordinance to adopt the Virginia Beach Outdoors Plan.
Recommendation: APPROVE BOTH ORDINANCES
J. APPOINTMENTS
EROSION COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
SOCIAL SERVICES BOARD
SPORTS AUTHORITY OF HAMPTON ROADS
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER-REGIONAL GROUP HOME COMMISSION
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH TOWING ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1 CITY COUNCIL-SPONSORED ITEMS:
a. Resolution to approve a pilot program to provide parking at Little Island Park at
a reduced rate for vehicles displaying valid City Decals.
(Sponsored by Councilman Paul J. Lanteigne)
b. Ordinance to AMEND and REORDAIN Chapter 33 of the Code of the City of
Virginia Beach, Virginia, by ADDING a new Article VIII re newsracks-
(Sponsored by Councilman Paul J Lanteigne)
2. Abstract of Votes cast in the Primary Election held on June 14, 1994, for the United
States Senate and House of Representatives.
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Dea@
6/23/94cmd
AGENDA\6-28-94.PLN
MI NU @ ES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Jun(! 28, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the V7RGINL4
BEACH CITY COUNCIL in the Council Chamber, City Ilall Building, on Tuesday, June 28, 1994, at
3:00 P.M.
Council Members Present:
John A. Baum, Littwood 0. Branch, III, Robert K Dean, Louis R. Jones,
Paul J. Lanteigne, John D. Moss, May(@r Meyera F. Oberndorf and Vzce
Mayor William I). Sessoms, Jr.
Council Members Absent:
James W. Brazier, ./r. [PNTP@RED: FXECUTITE SFSSIONI
Robert W. Clyburn IEN7FRED: FXFCUTIVE @F,5@510NI
Nancy K Ilarker [REPRESENTIN(; AL4YOR OBERNI)ORF
IN MO@5COW RTTH,5ISTER CITY
(.'OMMI,"IONI
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Banlc, disclosed other than the
application of Tidewater Regional (;roup Home Commission for a conditional use permit on which he
intends to abstain, there were no matters on the agenda in which he has a '@ersonal interest", as defined
in the Act, either individually ()r in his capai!ity as an officer of Central Fidelity Bank. 7he Vice Mayor
regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that
ntay come before City Council. rice Mayor @essoms'l(-tter of.fune 28, 1994, is hereby made a part of the
record.
.ILLI@M D SESSOMS JR 80@ RE@'@EE A.C@
'ICE MAYO@ @I.GINIA BEAC. @l@GINtA '@ll
June 28, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests ket
Dear Mrs. Smith:
In accordance with niy letter to you dated August 10, 1993, 1 have thoroughly
reviewed the agenda for the June 28, 1994, meeting of City Council for the purpose of
identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, with the exception of the applica6on of Tidewater Regional Group Home
Commission for a conditional use permit on which I intend to abstain, there are no matters
on the agenda in which I have a "personal interest," as defined in the Act, either individually
or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully reqtiesi
that you record this letter in tlie official records of the C'otincil.
Thank you for your assistance an(i cooperatioii in this inatter.
VerN triily yk)LI I'S ,
Wi l@iai essoiiis, Jr.
Vice Mayor
WDS,Jr./clb
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CITY MANAGER'S BRIEFING
PERSONAL PROPERTY CHANGEs IN BILLING SYSTEM
3:00 PM@
ITEM # 38114
John T. Atknson, CIIY Treasurer, adv@ed a localty should investigate the feasibilily of creating
"statement bifling'not only for PersOnal propen), tax, -1 eswe tax, but for all municipal bius
incurred by a family - -tity- Ihis would be a consolidated statement each month.
Mr. Atkin-n advised the only legally accepted option available now - personal property is the twice -a-
year bifling.
@e City Ma-ger will advise (-'ity Council c-cerning impacts of these suggestions.
June 28, 1994
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CITY M.4NAGER'S BRIEFING
VIRGINL4 BF,4CH OUTDOORS PL4N
3:15 PM.
ITEM # 38115
Su-n D. Walston, Directo,, Parks and Recreation, presented a Synopsis of the 117RGINL4 BEACH
OUTDOORS PLAN with the utilization of a video shown in public presentations.
Zhe Virginia B-ch Outdoors Plan s the fist attempt by the City of llrignia Beach to define i. ...e
document its philosophy regarding the plan,,,'ng, protection, desig@ d-elopment, financing, construction,
management, and maintenance of its natural and recreational resources of an OUtdoor nature, 7he Plan
is intended to provide an -erall frainework for these diverse -d conplex issues which often overlap and
interrelate, creatzng diverse and complex coordination problems for the array of City staff dep-tnents,
private citize-, vendors and avers who are involved with the City's natural a,,d recreational res(,urce,.
Ihe Outdoors Plan -tes a system which brings together five (5) networks:
BIKEW,4yS AND T"LS Develol, key linkages to conplete
recreation and transportation net-ork. l@irst priorities are:
Landslown1pungo 7),ail., beginning of the eastlwest greenwayltrail
corridor adjacent to the Resort Area and Oceana; and Shore
DriveIL-- BrIdgeINf@rthatnpt()n Boul('vard greenwayltrail corridor.
G,REENWAYS 14ND SCENIC' WATERWAYS: Develop a northlsouth
and eastlwest greenways and scenic waterways network. Develop five
canoe launchlaccevs points during the proposed CII, cycle (through
2000); two acces-Y JK)ints are planned with state and federal agencies.
HE,RITAGE PESOURCES: Include natural, cultural and historic a"as
in the -erall outdoors Plan. Develop joint management program for
natural areas with state and federal agencies.
PARKS AND GOLF (@OURSES'- 7he Plan outlines the exisfing inventory
and standards fc)r the (,ity-wide park ne-ork 7his network includes 177
neighborh(>od parkv, district 1-rks, 7 community parks, and 13 golf
courses. 7his analysiv in&cates a major succ,(,ss for the City in
development of at,tiv(, recreational amenities and recommends the
following:
Development of existing City pr,,prty in(luding 11/2blic
WOrksIHighways and 11/2blic Utilities
Continue focmv on the high priority deficit are,,
Joint partnerships with schools
West Neck Creek District Park developinent
Owl Creek District I'ark delelopment
Recreation improv(-,ment adj(lcent to Oceana
PUBLIC BF-4CH ACCESS. Fo(-us on e"nsion and improvements to
Little Island Park. Proceed with planning and development of a
beachlrecreation facility in the Lesner BridgelShore I,)rive area to include
beach Parking, resiro()Im, boat launch (Pleasure Ilouse (.reek), trails and
handicapped accessible b()at laun,-h and swimming facilities.
Mrs. Walston advised in 1988, City Cou,,,@il creati@d a 7110 cents tax increase to promote open space.
7hrough this effort, new parks have been c"ated, the deficit for park land has been elininated in some
areas of the City and scenic waterway systems have been addressed In the future, this funding will be
leveraged on an annual basis -en further through grants, publiclprivate partnerships and other revenue
enhancement strategies to utilize thesc fun(is to meet a much broader need within the City.
June 28, 1994
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CITY MANAGER'S BRIEFING
VIRGINL4 BEACH OUTDOORS PL4N
ITEM # 38115 (Continued)
Mrs. Walston advised since February, presentations have been made to a number of organizations. In
addition to working confinually with the GreenwaysIBikeways and Trails Committee, the Parks and
Recreation Commission and the Planning Commission, the Commiffee has worked with the Resort Area
Advisory Commission, the Council of Civic OrganiWions, Firginia Departinent of Conservation and
Recreadon, Back Bay Nadonal Wddfife Refuge and Seashore State Park. In Apri4 a Public Meeting on
the Plan was conducted Ihe Outdoors Plan Commiuee wishes to compile the public comments, staff
recommendations and combine into a Final I'lan to be printed by the end of the year.
7he Outdoors Plan Steering CommiUee was composed of the ft)llowing:
Jan Ahrens-Bella Parks and Recreation Department
Clay Bernick Planning Department
Ray Emerson Parks and Recreation I)epartmerit
Barry Frankenfleld Parks and Recreation Departinent
Kay Fudala Parks and Recreation Department
Calvin Jackson I'lanning Department
Betty Jean Meyer Management and Budget Department
Helen Spore l@blic Information Office
Carol Williams Ilotaing and Neighborhood 1reservation Departinent
Robert Scott, Director of Planning, advised the most exciting aspect of the Plan was the implementation.
Over $500,000 in grants has been received to assist in building the Pungo Park Trail. A grant of
appro.ximately $400,000 has been received to assist with the Ocean Walk Plan. A $100,000 grant will be
supplemented by other @ to assist in the restoration of the Cape Henry Lighthouse. Grants have been
received in the amount of $30,000 to assist in building the Efizabeth River Canoe Trail System, and
$36,000 to build the West Neck Creek District Park. An Ordinance is @';CHFDULED for the Formal
.5ession re acceptance of an $18,000 Crant to further implement the Pungo Park Trail.
Mayor Oberndorf referenced receipt of a critical letter concerning the Plan, and requested a list of the
citizens who participated in the discussions of this Plan. Perhaps citizens could serve with the Committee
concerning the Plan and make recommendations. Additional Nblic flearings should be scheduled.
BY CONSENSUS, City Council agreed to DEFER INDEFINITELY an Ordinance to adopt the Virginia
Beach Outdoors Plan until completion of additional Public Hearings and citizen recommendations.
June 28, 1994
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ITEM # 38116
Mayor Meyera E. Oberndoyf called to order the INFORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28, 1994, at 4:00 P.M-
Council Members Present:
John A. Baum, Linwood 0. Branc,% III, Robert K Dean, Louis R. Jones,
Paul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf and Vice
Mayor William D. Sessoms, Jr.
Council Members Absent:
James W Brazier, Jr., Robert W Clyburn and Nancy K- Parker
June 28, 1994
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ITEM # 38117
Mayor Meyera E. Obemdorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 21-344, Code of ;-trginia, as amended. for the following purpose:
. Discussion or consideration of or interviews
of prospective candidates for employment, assignmen4 appointment,
promotiom performance, demotion, salaries, disciplining, or resignafion
of specific public officers, appointees, or emplovees pursuant to 5ection
21-344 (A) (1).
Perforynance Review: Council Appoiritees
To-Wit: Appointments: Boards and Commissi(@ns.-
,,;ports Authority of Ifampton Roads
Appointments: Assistant City Attorneys
: Consultation with legal counsel ()r briefings by staff
meynbers, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provisions of
legal advice by counsel pursuant to @e(,tion 2.1 - 344(A)(7).
To-Wit.- Lake (;aston Briefing
U%itley v,. "itehurst
0 Discussion ()r 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 ofproperty owned or desirable for
ownership by such itistitution pursuant to Section 2.1-344(A)(3)-
To -Wit: Acquisition of Properly Princess Anne B()rough
Acquisition of Property Vzrginia Beach Borough
0 Discussion concerning a
prospective business or industry where no previt)us announcement has
been made of the business' or industry's interest in locating in the
community pursuant to ;ection 21-344 (A) (-5).
Upon motion by Vice Mayor Sess()ms, seconded by Councilman Jories, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III. Robert K Dean, Louis R.
Jones, Paul J. fanteigne, John D. Moss, Mayor Meyera E. Oberndorf
and @ice Mayor William D. 5essona, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr., Robert W Clyburri and Nancy K Parker
June 28, 1994
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FORMAL SESION
k7RGINL4 BEACH CITY COUNCIL
June 28, 1994
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINLI BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28, 1994, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Deam Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera F. Oberndorf and Vice Mayor glilliam D. ,;essoms,
ir.
Council Members Absent.-
Nancy K Parker fREPRESFA71NG MAYOR OBPRNDORF
IN MOSC.'OW HnH SI,5TFR CI7Y
COMMISSIONI
IN-VOCATION. Chaplain William B. L)odd - Retired Pastor
Church of the Nazarene
PLEDGE OF AUEGL4NCE TO WE FL4G OF THE UNITED STATES OF "ERICA
June 28, 1994
8
II-E. I
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 38118
UP- -otion by Vice Mayor Sessoms, seconded by Councibnan Baum, City Council CERTIFIED THE
EXECUT@ SESSION TO BE IN ACCORDANCE RITH THE MOTION TO RECESS
OnlY Public business matt- lawfully exempted from Open Meeting
-quire-ents by rlrginia law were discussed in F@ecutive ,;ession to
which this certification resolution appliev;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach (@ity CounciL
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louiy R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf and Vice Mayor William D. 5evsoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W Clyburn
Council Members Absent:
Nancy K Parker
June 28, 1994
.6
!Rtsiolttttatt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BFACH CITY COUNCIL
WHEREAS: The Virginia Beach C'ity Council convened into EXECUTIVE SESSION,
pursuant to the affirinative vote recorded in ITEM # 38117, Page No. 6, and in accordance with
the provisions of The Virginia Freedom of Information Act-, and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certirication by the
goveming body that such Exccutive Session was conducted in confonnity with Virginia law.
NOW, T7HEREFORE, BE rr RESOLVED: That thc 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 idcntified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Ruth Hodge@ mith, CMCI@F
City Clerk June 28, 1994
9
tem II-F 1.
MINUTES ITEM # 38119
Upon motion by Trice Mayor Sessoms, seconded by Councibnan Clyburn, City Council APPROYED the
Minutes of the INFORMAL AND FORAFAL SESSIONS of June 14, 1994, as "ENDED:
Councibnan Moss advised the folloving AMENDMENT to Item # 380" Ordinance to AMEND and
REORDAIN Chapter 2, Article III, Divisions I and 2 of the Code of the City of Virginia Beaci4 Virginia,
by AMENDING Section 2-84 re annual leave; ani4 AMENDING Sections 2-101, 2- IOZ 2-103, 2-
104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 and 2-116; and ADDING Sections
2-117, 2-1171 and 2-117.2 e administration of the basic pay plan:
On Line 433 a period () shall be at the end of the word "classification".
7he following verbiage appearing after the word "classification" shall be
DELETED: "... e sala will @red-cir led'
RQ,icy ..."
Section (b), page 13, shau read as follows:
(b) 41/2enever any employment position with the city is reclassified to
a different class having a lower pay range, all employees in the
reclassified position at the time of reclassification shall continue to be
compensated at the salary received at that time provided, however, that
if such salary iv greater than the maximum salary of the range of the new
classification
7'he amendments are to be italicized and identified clearly
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. ,;essonts,
ir.
Council Members Voting Nav
None
Council Members Absent:
Nancy K Parker
June 28, 1994
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Item III-F 3.
MA yors PRESENTATIONS ITEM # 38120
Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their merit badges for
citizenship.
TROOP 496
GREEN RUN HOMEOWNERS' ASSOCIATION
Alex Young
Brian Furie
Joseph Ldberatore
Tony Ldberatore
Matthew Somerindyke
Matthew Woods,
Travis Carew
Bill Morrisey
TROOP 985
HOLY SPIRIT CATHOLIC CHURCH
Kevin Laskowski
Brian Laskowski
TROOP 443
David Gray
Brett Burgess
Alex Nieprasdik
June 28, 1994
Item III-G.
CONSENT AGENDA ITEM 38121
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in
ONE MOTION items 1, 2, 4, 5, 6. Z 8, 9, 10 and 11 ()f the CONSENT AGENDA.
Item 3 was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. lanteigne, John D.
Moss, Mayor Meyera P,. Oberndorf and Kice Mayor William D. Sesso?M,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
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te- III-G.I.
CONSENT AGENDA ITEM # 38122
Upon -tion bY Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Resolution to endorse a uniform motor vehicle license decal renewal date
of FebruarY Fifteenth for all Hampton Roads jurisdictions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera I,,. Oberndorf and Ilice Mayor William D. ,;essoms,
ir.
Council Members Voting Nay:
Non e
Council Members Absent.-
Nancy K Parker
June 28, 1994
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te- III-G.2.
CONSENT AGENDA ITEM # 38123
Upon -Otion by Vice Mayor Sessonts, seconded by Councibnan Clyburn, City Council AD40PTED:
Ordinances to AMEND and REORDAIN the Code of the City Of rzrginia
Beach, rzrginia.
a. Sections 4-85, 4-87.1, 4-92, 4-92.2, 4-93 and 4-94 re bingo games and raffles
b. Sections 5-7.? and 5-87 re animals
C. 5ection 22-11 re indecent exposure
d Section 38-3.2 re use of bow and arrow
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D
Moss, Mayor Meyera F Oberndorf and llice Mayor William D. Sessoms,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
Requested by Mayor Meyera Oberndorf
I A RESOLUTION TO ENDORSE THE ADOPTION OF A
2 UNIFORM MOTOR VEHICLE LICENSE DECAL RENEWAL
3 DATE OF FEBRUARY 15TH FOR ALL HAMPTON ROADS
4 JURISDICTIONS
5 WHEREAS, the Commissioners of the Revenue and Treasurers
6 in the Hampton Roads area have expressed the desire to foster
7 regional uniformity and cooperation in the administration of local
8 licenses and taxes;
9 WHEREAS, the Hampton Roads area of Virginia is generally
10 considered to be comprised of the cities of Chesapeake, Norfolk,
11 Virginia Beach, Portsmouth, Suffolk, Hampton, Newport News,
12 Poquoson, Williamsburg, and Firanklin, and the Counties of Isle of
13 Wight, York, James City, Gloucester, Southampton, and Mathews;
14 WHEREAS, there are currently seven different motor
15 vehicle license decal renewal due dates for these sixteen
16 localities;
17 WHEREAS, the motor vehicle license decal is a significant
is revenue source for these sixteen localities, in that over $22
19 million dollars was generated from the collective sale of over one
20 million decals in 1993, of which $5. 8 mill ion dollars was collected
21 in the City of Virginia Beach;
22 WHEREAS, it is difficult for citizens moving from one
23 Hampton Roads locality to another to be aware of the various motor
24 vehicle decal renewal dates;
25 WHEREAS, the display of the current year's decal attests
26 that personal property taxes 4:)n motor vehicles have been paid;
27 WHEREAS, adoption by the sixteen localities of the same
28 renewal date would facilitate local police departments in taking a
29 more active approach to monitoring legal compliance, which in turn
30 would aid in personal property tax collection efforts;
31 WHEREAS, personal property taxes on motor vehicles
32 amounted collectively to over $100 milliori dollars for the sixteen
33 localities in fiscal year 1992-1993, including $16 million dollars
34 collected in the City of Virginia Beach;
35 WHEREAS, by adopting a uniform date, the sixteen
36 localities can demonstrate regional cooperation that will prove to
37 be helpful not only to the general public but to the fiscal w,il
38 being of each community; and
39 WHEREAS, the City of Virginia Beach, as well as several
40 neighboring jurisdictions, presently require local licenses to be
41 renewed on February 15, which is the uniform renewal date
42 recommended by the commissioners of the Revenue and Treasurers;
43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
44 OF VIRGINIA BEACH, VIRGINIA:
45 That the Council hereby endorses the adoption of February
46 15th as a uniform motor vehicle license decal renewal due date for
47 all of the aforenientioned sixteen Hampton Roads area localities,
48 commencing in 1995, and encourages the adoption, where appropriate,
49 of the necessary amendments to local ordinances by the respective
50 City Councils and County Boards of Supervisors.
51 Adopted by the Council of the City of Virginia Beach,
52 virginia, on the 28 day of June 1994.
53 CA-5631
54 ORDIN\NONCODE\DECAL.RES
55 R-3
56 PREPARED: 06/23/94
2
A,i T() CONTEt,r,@
@RM
I AN ORDINANCE TO AMEND AND REORD
2 SECTIONS 4-85, 4-87.1, 4-1)2, 4-92
3 4-93, AND 4-04 OF THE CODE OF
4 CITY OF VIRGINIA BEACFI, VIRGINIA,
5 PERTAINING 110 BINGO ;AMES A
6 RAFFLES
7 BE IT ORDAINED B@' THE (@ITY COUNCII OF' THE ('ITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That SectiOns 4-8'@, 4-87.1, 4-92, 4-93, and 4-94 of
10 the code of the Cit-y c)f Vj-r(gini@i Bea(h, Virgillia, are hereby
11 amended and reordainE'@] to reetd as loiLow,,..
12 Section 4-85. Application of@ article.
13 (a) The provision,-, of ttlis artici, @;hall apply to bingo ganes
14 and raffles conducted in the city Ilursuar,t to se(2tions 18.2-340.1
15 through 18.2-340.12 Dt the Code of Vil-gil,i@,.
16 (b) Definition@-, As use@d in tnls @ll t- i,-@le the following words
17 shall have the following meanings:
18 (1) Organi@ation mE!anS any OnE@ of the following:
19 a. A voluntai-y fir,? depzil-tnient or rescue squad or
20 itixi I i,ary unit tti L r-ec)f which has been
21 t(,c,)(jnizeci by aii orclifi,iiice or resolution of a
22 pot Lt ical subdi, ision ,.,Iicre the voluntary fire
23 d(@p@it-tmenti or resciie E;quad is located as being
24 1)Et@t of the safety pro',Jram of such political
25 SLII-)Ctivisic,n.
26 b. An or(ganj-zatioii operated exclusively for
27 reljcjious, charitabl-, community or
28 ei@icational purpose--, all association of war
29 veterans or auxili@lly t,ilits of such veterans
30 c)r(lanized in thc, Unite,i @@tates, or a fraternal
31 associatio@n oper-itiii(; in:ier the lodge systent.
32 (2) Bingo means i !E;pecif @c@ gctlii,-, )f chance played with
33 indivi iial cards havin(j rat@ct(,,mly numbered squares
4 ranginci fi-om one- (1) to sev@nt -five (75) , in which
3 5 prizes ire a@,7arded c)ii the basis of designated
36 numbei@; on such cards conf,)riiiing to a predetermined
37 patteiri i,f nuitibers @;elect(,(:i @it random. Such cards
38 shall tiave five ( F,) v@,rtical rows headed
39 respecti vely I)y the I etter-s; B. I . N. G.O. , with each
40 row hav@rig fi,,,e (5) randoiHl,,, numbei-ed squares.
41. (3) Raffi(@ Picans a lott@ry ifi ,,hich the prize is won by
42 a ranciofi drawi.ng of the i-,,ime or prearranged nuinber
43 of one or more pei-son, purchasing chances or a
44 randofn contee;t in whicti the winning name or
45 ssi ri@d- iiumber ot o.ne -or-more persons
46 rct@qing chances is determined by a race
47 involviii@l inaiiimate ,p@ects floatip@on a body of
48 water, c)m@inon rgferred @o as a "duck race."
49 Howe%,(,r noth'@ng in thif, irt@cle sliall prohibit an
50 orgariiziition from tisitig the State Lottery
51 Depar-Iiii,?iit's Pick-3 @.1 s the basis for
52 detet-pii!iing tile winiler (,l -i lottery. For purposes
5@3 of tiii@ def init i @Dii, 'r@itf lell shall include
54 detet-,,,iii@ng t.he winner )f a lottery by use of
55 prep@i,-k,3ged p@ill-tal) devi,-@,@; which are devices irade
56 compl@'t Ly of pat,er 1:@,- paper products with
57 conce,ile@l numbers cr syiii@)c,ls; that must be exposed
58 by thE' I)Iayer to dE@termii)c-! wins or losses and may
59 incILide the use of a sea@ @@hich c(3nceals a number
60 or symbc)l tha.t has been des;ignated in advance as
61 prizc@ wiiiner including I)tit riot Iiiiiited to pull-tab
62 devices @ommoi@ly kn@)wn is tip @)oards or seal cards.
63 (4) Instant bingo mearts d @;pecific game of chance
64 playeci i)y the ran@,Jc)m s@,16@ction C)f one or more
65 indi,iidliall-y prepa(7ked (,,ir,ds, with winners being
66 deter-mined b@l the prepi inted appearance of the
67 letter-s 13.I.N.G.O. in an', r)rescri@)ed order on the
68 rever--@e side of suc[i (,,ar@
2
69 (5) Speci@il binqc) meaiis a Lingo session cc)nducted
70 pursuant to @i separate @3ermit authorizing bingo
71 games fnoi,e frE!quent.Y thzit t',,To (2) c7alendar days in
72 any c)tie 1) czilendl@- weE,@:
73 (6) Jackpot ifleans a birigo c7@ij',l played as a part of a
74 bingo gaine in whicii ali numbe-rs on the card are
75 coverecl, each numbei, bein,l @;electeci at random, and
76 with jio more than cne Al@ free or "wild"
77 numbet.
78 (7) Winner--take-all meajis any bingo game in which all
79 the gic)s@; reCE?iptS ':-rom pla@ers for that game -ire
80 paid as prize money back tc, the players.
81 (8) sessi ii rqeans a time perio@i iuring which one (1) or
82 more bin o garnes are c-,onlu(ted, stich time period
83 corres@)oriding precLseLy to the, time perlod
84 specif@ed by the organiz@ition's reported beginni,ng
85 and ending times.
86 (9) Gross r-eceipts means the t tal amount of all money
87 received froill bingo ;jame@,, instant bingo or raffie
88 operatior-,!@ before t@iE, de,lLitic)n of any expenses
89 whatsoev,:@-.
90 (10) Expens@,.s rieans docum,@nteci r@xl-)enditures usually and
91 custoni@iri@y ass;ociat(-d @,.'itli the conducting of bingo
92 games @r raffles i!lclucling but not limited to
93 supp I i (' -@ equipment, i-ent i] fees, permit fees,
94 prizes audit fee@;.
95 (11) Games riaiiiger ()r operatoi- is a member responsible
96 for al@ workers and for ',he conduct of each
97 session, including all recor eeping requireynents.
98 (12) Cashder is a meitiber r@?spon,-;ibLe for c@ontrolling and
99 settljr( (jame gross receil)t@s ind (3ame operatilig
00 COSTS f(@r @l session.
01 (13) Caller L@@ a member iesponi;il)Le for calling bingo
02 numbers anci verifyinci tlie :ai 1 back of (-l player's
03 bingo i), ;, floor workei-,
3
1 0 4 (14) SpeCL@a-L; custodiar is i member responsible for
105 cont2-oiiing zind settliii(I special Packages sol(i at
106 the tiine of admis@,ion ari(i flool@ sales (specials)
107 durinq sessic,ns.
108 (15) Floor orker!:; are members responsible for floor
109 sales (specials) arid bin@lo verif@cation.
110 (16) PaymastEr is a member cesponsible for awarding
ill bingo prizes.
112 (17) Bingo li@lls; or biiigo h,@,ii operations means any
113 locat@iori, building, preiiii@s,,s, ol@ any place where
114 bingc) se,-sions or raffle; @ire held, conducted or
115 take I (ice excili(ling I)ioperty owned by an
116 organiz,ation.
117 r--
118
119 A
1 2 0
121
1 2 2
1 2 3
12 4
12 5
12 6
1 2 7
12 8 @8 Landlord meane; anv @er-l-on r his flrm
29 association__ r ar,izaticn_ _ @r@ne @r
30 Ordt@lln-@ M l@ee the e@ot_, which and
n owns d
31 lea@ses a,iy @einise devoted in whole@r art to
3 2 the con(luct-Of- 0 aa-@es, an n
33 in-th@ s4D@@sehol@i as-ti@e iandior@d.
34 Section 4-87.1. Membership; eligibility for permit.
35 Prior to the issuin@.(, of any pet-mit, @iii i)r@ganiz@ition must meet
36 the following requireidents:
37 (1) Anv or,lai@ization whlch a pi e@s jo@ ri in,,
38 @r Jul@_l 994 -h@ill h@ive been in existence
4
1 3 9 and met on @i regular basi@; in ttie City of Virginia Beach
140 or in a city i jacei@t to the C'ily of Virginia Beach, for
141 a period of at least t1/2ie @ five @i) years immediately
1 4 2 prior to ri@,iiig applicatic)n @Dt- @@,uch permit. Siich
143 organizati,)ri @;liall maintaiii foi the current year and at
144 least thre(, (3) preceding ear-,; records (minutes,
145 attendance, etc,,.) cf all meeti,i(j:; and, in addition for
146 the same per i@,,i slia- I maijitaip. records pertinent to
147 the mainten ir(7e of its b @ ngo a,j(l raf f Ic? permits, which
148 records sh(ill be iaade available tc) the c)fficials of the
149 city upon re(Auest. eit@,
150 r-eqtt+/-i=efRen-- e,@ three- (3) Y@ re(!Or!dS
151 in e)Eist@@ but-@e@s th
1 5 2 (2) Sueh Any @Dr-cjanization wtiich @iL)p@ies for an inal
153 it aftey--J-@i@l- 1994 ;hal I @)@ operat(,d currently and
154 shall have previou@;ly bceti (,t),ritecl exclusively as a
155 nonprofit oig iiizAtion anJ shill tiave been in existence
156 as such non@,rdfit organizatioji foi- a pei-iod of at least
157 t1/2ie (2) !:ive 51 y(@ars imiie @@itc-ly pri(.@r to seeking a
158 permit.
159 (3) A permit ma@, h(, issued to in (-)rg@iriiz-ation which relocates
160 its meeting lace on a per-PiatiEIit L)asis from another
161 jurisdictioii ii Virqinia to th@,; (@Lty, provided that such
162 organizatior-, t]-ie holder, ,,@ @i valid bingo and/or
163 raffle permit :it th(E! time of ,@u,--h relocation, maintains
164 all record@@ )ertirient lo ho.(Jlng a permit and is
165 currently 3therwise eligible t , ne issued a permit in
166 accordance i@ti this; chapter. in organization which has
167 obtained a l,ej-riit urider t[iis artic,le to conduct a raffle
168 may sell tl(,kets both in and otiti of thi@; city, and nay
169 conduct its cirawing eit@ier @i, thi,,; city or in the
170 jurisdictic)i- @here the major-it@ f tickets were sold.
171 (4) Any auxili@iry Dr similarly napi(-(ft i)rganizat:Lon having a
1 7 2 direct rel@it loriship with Ei SIDC)nc Jr ing orcjanization shall
1 7 3 obtain a pc-rmit prior to bing,D sessions. An
5
17 4 auxiliary shall deitionstr@ite to tlie satisfaction of the
17 5 city manager zi hi!@tory of it@volvement in charitable
17 6 activitie-, )ther than ;pon@;c)i-@r)g biricjo sessions and
177 lotteries, ts t conditior prec(' E@rlt to being (granted an
17 8 original c)t r-enew@il permit !Jo mor(, than one @1)
17 9 auxiliary @)t any spon@,,oring c@i-cjanization shall be
180 eligible for issuance of a I)et-iiit .
181 (5) No less than fifty (50)--perceiit of th,e membershild of the
182 organization shall be resident@: ot Virginia. As part of
183 the appli,'@ItLon process an,] to I)eing granted a
184 bingo or t@ift-le pei-mit aii orqzinization shall provide a
185 complete I of its off icer@@ @nd members, identifying
186 those membei-L; designated by th(@ (@rganizltion to manage,
187 conduct or assist in an@ capa,@@1-y in the operation of
188 bingo game@@ )r reiffles ri@formation sufficient to
189 establish t[ic- bona fides :)f meiyii)ecship and residency may
190 be requirecj I,,@ the city franzigei . The chief of police or
191 his designce @@,hall condu t a riminal records check of
1 9 2 all off icc@i-s @As well as the ime rnanaqer or operator,
193 cashier and l,aymaster. Mei,,itDer-@ aJ ed after the issuance
1 9 4 of a permil ,@hall not Le lieri,ittect to serve as games
195 manager, c7a@@tijer, caller, spe(-i il@ CLI-@to(iian or paymaster
196 until the i)e--:@ilt is; rene@.jed @ nencjed.
197 (6) No bingo ir raffle per-mit 31i,ill be issued to any
198 organizati,,n @,vherein (a) @iiiy ,tficer or (b) any person
199 designateci as bingo gamc iTiana,,)c@i or operator, cashier,
200 caller, spec @ i Is custodij3n, t )r ,orker or paymaster has
2 0 1 been conva,@te,i of @a feloriy c)r- @,,,rime of iroral turpitude.
202 Further, ii@) ;D(,rson shall parti,,ipate in the management,
2 0 3 operation )i condtict ot any )ingo or raffle if that
204 person, w@th@ti the past livf, @"ears, tias participated
2 0 5 in the manacj(,r,.ient, operation @)i @,,Dnduct c)f any bingo (:lame
206 or raffle was found I)y @zi @)(@il perniitting authoi-ity
2 0 7 or by a ,(,ut,t of compel@ent '@,ri@dicti@)n to have I)een
208 operated t(, ,iolation ot @;tatc I-iw or local ordinanc7e.
6
2 09 Section 4-92. Records to be maintained and reports to be filed by
210 organizations conducting bingo games and raffles.
211 (a) Each organization shall i-ndint.,jr a record in writing of
2 1 2 the dates on whicii Lingo Is pl@iye , 7hc@ number of people in
2 1 3 attendance on each datc@ and the amo.int cf tlip receipts and expenses
2 1 4 for the day and prize@; paid on eacii su,ii ,iay. -Phe organization
215 shall also maintait) i recoi-d of the i,,ime @ind address of each
2 1 6 individual to whom @i ioor prize, reclul ir (Dr special bingo game
2 1 7 prize, raffle or ja @,p()t frc,in the of bingo or raffle is
218 awarded, as well as @f@e amolint of sucti a,,,ard. ]'he organization
219 conducting bingo gaf,,(@s @)r i'af'fles @;hall ti@;c) maintiain an itemized
2 2 0 record of all receipt@@ Larid disbursenieiits, Ln,--tuding operating costs
221 and use of proceeds iricurred in su(7ti g(imE,,; )r raffies, utilizing a
2 2 2 uniform accounting @,y@@tem Eind rc@port format provided by :he
2 2 3 director of finance. Said recor@is sh;@ll be fijrnished to :he
224 director of finance Di Iiis designec- upon i-equest.
2 2 5 (b) Each organiz@ition shall maintii!i a separate checking
2 2 6 account into which shill t)e F)Iaced all t@@@2(,@pts from bingo games
2 2 7 and raffles. Monie@; from other s,)urce@@ sliall ii(t be Placed or
2 2 8 deposited into such ac(@ount, neither sh@il i -ii@)nies from said account
229 be transferred into liny fund or a-,coutit (-,untaiiiiricl monies from
30 other sources. Bin(A,;Ilt-affie proc(@ed-@3 j-@iy be maintained in an
31 interest-bearing fun,i c,t acc(Dunt, howev(:@r , such funds shall be
32 transferred to the --Ii@ ckincj acc()unt r -,.-) r to disbursement.
3 3 Withdrawals from sai(I (--hecking ac-ount @,tidil be made only by
34 utilizing printed, seq(ie,,it7ia ll'y numbered ks. All disbursements
35 from such accounts shil@ be support(@d ijy ,r@Itten d(icumentation as
36 set forth in subsect io-- (a) above. Funds i
37 ritable, cc)mmuni educatiotial @urP ses for which
@or-
38 speci i@cally chaclered iTi@@ e@t@@ sferred on a
39 jc,@eral fund prcLvid@-d-that the@ cLr ation
zatic-
40 tax exem t under secti-on@-01@ e IJiiit,ed,,States Internal
41 evenue Code. An or-,@@ir,ization conluctji@ii i(i more@ ttlan one (1)
42 raffle per fiscal year ,ith nE't gam@@ n(Dt exceeding five
43 thousand dollars ($5, ( (@o (io) s@iall b( (@@,em@)t t r-oiii th(, requirements
4 of this paragraph.
7
2 4 5 (c) A sponsorlng orgaiiizati,)n Sh@iiJ @De responsible f'or
2 4 6 maintaining records ,if@i--h supl)ort tlie liur@'li@t@@e and sale of regular
2 4 7 bingo cards (handcar@,,@ ;ind papercari@,@ ii(] it@@,tant bingo cards.
2 4 8 (d) All invoice@ related to ihe 1)tir-ciiase of bingo supplies
2 4 9 shall be kept in datc@ )i (ler f or three ( 3) ,e,i r-s f ol I owing the close
250 of the fiscal year t wllich the recorcis
2 5 1 (e) All purcha.,es @)f bii-igo sul)plie!- iii exc!es@; of ten dollars
2 5 2 ($10.00) shall be pa',d for b@7 checl ; Leceipts; for all other
253 purchases of supplie@ Li-,Lill be ret,@ilIE'd.
254 (f) The recordke@epincj systern sh@ll pi-c)vide a way to account
2 5 5 for tickets used to -(ii-,trol re(gulat bincj@ liandcar(I sales, regular
2 56 bingo papercards pui-chzised and sDId, cii)(I inst@int bingo cards
257 purchased and sold, anci prizes awaide(i oi !;ession dates.
258 (g) All prizee; of inor-e than one li@in@ired (iollars ($100.00)
2 5 9 shall be paid by che @'s Irawn on th(@ or-gaf,@7.,-ition's, bingo cheeking
2 60 account. Said check.,; sti@ill be@ bank clieck@ printed ind sequentially
2 6 1 numbered. The orgaiiiz,3tioii'!s checking tec@ords shall reflect the
2 6 2 name and social s(@@'urity ziccoun' iiurpi)(,i of each such prize
2 6 3 recipient. All other prizes E;hall l@e rec:,,lil@te(i for by the winners,
2 6 4 recording each rec@it,ieiit's printei address and social
265 security number. Ar,l I)r-ize viinner- r i(@@ 'L,)tent wtio shall provide
2 6 6 a false name, addres@; Dr sociii sectirity when receipting for
267 payment shall be quilt,,) of a Class I mi@,lefneanor.
2 6 8 (h) On an annual I)asis, and rID latp@ Iliati December 31 of each
269 calendar year, all mon@(@s, iii exce;s :)t iitteen (L5) percentum of
27 0 the total net receipts (gross reccipts i iii@is gamc expenses) from
271 bingo or raffles coii(lucted during the p@i@;t f@scal year, shall be
2 7 2 donated to and/or cxp(-,nded upon ,harit,il)le activities/projects.
2 7 3 The commissioner of ttie revenue oi ti@is repre-,entati.ve may approve
2 7 4 the carryover and a(7ciiniulat@-on of funl@ ciesiqnated for specific
275 charitable projecte;. @uch a@@cumulatioji @h-ill not normally exceed
2 7 6 a period of two @2'i additional I is,,-al years7 however, the
2 7 7 commissioner of thE@ ievenue may apl,)r@)v,@ a longer period in
2 7 8 exceptional circumst@in,--(@s. A fiscil ye@t be the twelve-month
2 7 9 (12) period from Oct,)b@-i I t@Lrough Ser)tei@@)(@r @0. ('omplete recc)rds
8
280 of such expenditure@; shall be maintained at all times by
281 organizations holding permits to c nluct @)ingo or raffles.
2 8 2 (i) Should an or(4anizEition cease f c)r any reason to be
2 8 3 licensed to conduct i;iri,4o games oi r,ift I @s, aLl accumulated net
2 8 4 receipts (gross rece@ )tz rninuss game expen,@es;) shall be expended for
285 appropriate charitabi,@ tctivities r not riore than ninety
286 (90) days after termiiiation cf the licen@@(,, And a final report of
2 8 7 all receipts and d@s@)tii @@ements as @@et fci til, @n sec-tion 18.2-34,9.6
2 8 8 of the Code of Virgiriia @,hall be file wit@i tlie director of finance
289 not more than one hur@l c,@(i twerity (I', 0) ciA, tter- siid termination.
2 9 0 (j) All requireci records sftiill t3e maintiiined with the
2 9 1 permanent records ot ti--@ org,anization f- t i iiiinimum of three (3)
2 9 2 years after the close ol a fi@;cal y@@ar to wtiich tliey apply. If any
2 9 3 required records ai-@ Ic)st, stolc@n, oi (@therwise misplaced or
294 destroyed, the organi/,ition s.riall n)tify Iii,, director of finance in
295 writing within two 2 days of dSCOVE@t-@l)g the mis;sing records
2 9 6 giving the date of lo-,c@, detai@ed (de@-,cription of the records
2 9 7 missing, and the cir-,uiri;tanc(@s sut-@-@)uiiditi,j the mi@@sing records.
298 Section 4-92.2. Instant Bingo.
299 Any organizat@)n qual@fied to -,Dn@@luct bingo games and
3 0 0 possessing a valid (tiri-(,nt pe@rmit is @iliticilzed to conduct instant
301 bingo as a part ni @ii(,h b'LngO @ainc,, @tit)@ect to the following
302 conditions:
3 0 3 (1) Instant bing-, may I)e con(tucted :)itly at such location and
304 at such tliiie@, as are specif@e,i iii the I)ingo application
305 permit for- regular bingc (jam(,@.
3 0 6 (2) The gross i-e,@cipts in thc (,our@ , Df a reporting year from
307 instant biiigc) shall not ex(-,ee@l fifty (50) percentum of
3 08 the gros re,ceipts of -in or,iit zitior,ls entire blngo
309 gross receipts.
3 1 0 (3) Any organi/.ation c,Dnductii)g iii,@t@iiit bingo shall maintain
311 a record kif ttie date, qu.intity ii@l card value of instant
3 1 2 bingo sup! I i c,,; purchase(3 @is %,iL II is the name and address
3 1 3 of the i er of such iii@tai ti I)inqc 5;upplies.
9
314 (4) No organizat@on sh@ill sell @-Aii in@-,tant hin(go card to any
315 individual iri@ier s-i@ @@ c-iTILteqri l@al years of age.
3 1 6 It shall L,,c, the r(@sponsliDiLdt:,, @.f the orcjanization to
3 1 7 verify thc, of I)Iayer
3 1 8 (5) Organizati(in@-, shall maintaln ,;,-pay'ate accounting records
3 1 9 for instaiit ,,@ngo games. E;u4,,l records shall specify
3 2 0 total recE-ipt@; fropi inst,int I @ i(4,., ancl siiall be separate
3 2 1 frorn tota. cjr-uss receipts t i biiigu g PIes and raffles
3 2 2 during botl,, i quired quarterl in-il/or calendar reporting
323 periods.
324 (6) Such instant i,)ingo recorcis shall be made, available upon
3 2 5 request to ttie@ comnlissiotier c)f tlie revenue.
326 Section 4-93. Prohibited practices.
3 2 7 In addition tc, ttiose other practi(@E?s prol@ibited by this
3 2 8 article, the followin,@ zi@7ts or prac@ice@ Sh@@ll also be prohibited:
3 2 9 (a) No part le.ss than five (51_percent of the gross receipts
3 3 0 derived by an organizttion IDermit E,d 1-@ (-,)ii(luct bingo games or
3 3 1 raffles @ shall be (if;ed f(Dr @ PUfffl,)-@E la@r @a-n (i) those
3 3 2 lawful religious, ch@iri,@i@ile, commuliity t e-iucational purposes Eor
3 3 3 which the organizati,)r specifically chir-tered or organized,-+@
3 3 4 @lr'J @i7iiy l@l expenses
335 relating to the acqui-@ition, constiuctiof, ria@ntenance, or repair
3 3 6 of any interest in th(@ i c,@il propert@ Lnv@j', , ii-,(4 the C)peration of @he
3 3 7 organization and usecl (3>@. lusi,,ely fcr iiwt,il religic)us, charitable,
3 3 8 community or educati(@n@ti pur@)oses. All remaid@n s receidts
3 3 9 shall be used for pr,ize,,s and-bona fide,o@)ei-ating--expqnses. Bingc)
3 4 0 or raffle revenues ni;l@ not be exl)en(le(i f r foocl, beverages or
3 4 1 entertainment for git@ie participants ot- t-@)r- Iult niembers of a
342 sponsoring organizati()I-.
3 4 3 (b) Except for p,@rsons employed @i,@ ,Ierica@- assistants by
344 organizations compose@i 01- or- for de@if r LIind persons,
345 ef eer-poi=ate sp@@, and fae ef eivie, and-f
3 4 6 only bona fide memL)e!-@ f any sti,!@i cii-(j nizatic)rl who have been
3 4 7 members of such organizition for at lea,,,@ iiiety (90) days prior to
348 such participation sti,ii, participate in t@ic- management, operation
10
3 4 9 or conduct of any @,)iiiclo game or raftle. Notwithstandin(:f the
3 5 0 foregoing, employees of- a corporate sp nsor of ualified
3 5 1 organization may rti at in th riariaqement, oideration or
3 5 2 conduct of one raffle Per -vear. pr()vided herein, no
3 5 3 person shall receive iijy reniunerati n oi- par-t@-,ipating in the
3 5 4 management, operiti,ri @,)r conduct of aii,,, such ciame or raffle.
3 5 5 Persons employed by -,t,qanizations (omr)o.@(i c@f or fDr deaf or blind
3 5 6 persons may receive re'rnuneration not t@-) exceed thirty dollars
3 5 7 ($30.00) per event for I)i,ovid--ng cl(,ri(@a@ , E@sistance in the conduct
3 5 8 of bincjo cjames or i- @ t f I es orily f c),- sti,@li c)rqciliizations. Persons
359 eighteen (18) years @,f age and un,ler ;ell r@iffle tickets to
3 6 0 raise funds for youtli ictivities in wlii@.Ii they participate may
3 6 1 receive nonmonetarv incentive iwarcl, or pr@zes from the
362 organization provideci ttiat or-ganiz@itioii i,-@ j@onprol-it. The spouse
3 6 3 of any such bona fi@i(2 iliembei- or @ fiie f @ghter or rescue squad
3 64 member employed by a f),)@ itic,,a] subdivisic)ii ,,ith dhich the volunteer
365 fire fighter or rescL@,, @;quad membet i@@ Ei@;@@,,:@iated may participate
3 66 in the operation and c@Diiduct of a bingo jarre or raffle if a bona
367 fide member is pre@;etil.
3 6 8 (c) No member )t iii or-ganization sh@ttl be permitted to manage
3 6 9 or work any bingo 11(ii@ie ut, raftle @t more rhan three (3)
370 organizations at any tii.lie; hc@wever, flocji %@,orkers shall be exempt
371 from this exclusioii.
3 72 (d) No organizzit,c)n sh@iii permit @ l@)erson not a member to
3 7 3 enter into a contra,@- @@th, (Dr othei-,,@i,;c e@mploy for compensation
374 any person, firm, iss@Dciat:ion, F)artnership, or
3 7 5 corporation or otherwis @ for t,he purpol:,e @irganizing, managing or
376 conducting bingo game@@ @r raffles.
3 7 7 (e) No organiz@itic)n coniuctin bing @]ames or raffles in any
378 location owned, I c, L; c, (i or otlierwis@@ controlled by that
3 7 9 organization, shall, @c,t the use oC E;u,-,Ii facilitdes, expend from
3 8 0 bingo or raffle rec(,ipt@; nior(? thaii the t--ttial cost of utilities,
3 8 1 maintenance and suppc)tt @;erviues inci,lent tc) the conducting of stich
3 8 2 games. For purposel D" this article, @i@;xiliaries and subsidiziry
383 organizations are con!;dciered part ,f the [@E@i-ent or-qzirization.
11
3 8 4 (f) Permissioii t,) conduct bingo g@nie between 12:00 midnight
3 8 5 and 6:00 a.m. may b, d,lied c)r rev(,ked b,, the c@,ity manager upon his
386 determination that ttlc, conduct Of bing() @;e: sions (iuring such hou,,
3 8 7 at the specified lo,@ation i!@ inco[@ipat@t@le with publi.c safety and
388 welfare or constitute@ a nuisance,
3 8 9 (g) Nc> organiz;lti n fna,/ hold b@ngo 4anies-, or(, frequently than
3 9 0 two (2) calendar ci@@,)/s @n any one (1,, ,,,@ek, i.e. Monday
391 through Sunday, ex(2cpt i)nder, a sp, ci@ll @)e,,,,,it i@Sued pursuant@ to
392 section 18.2-340.4 @! tie Cc,de of Virgi,il,i and the provision-, of
393 this article.
3 9 4 (h) No locatior, @;iidli Le utilized ii-@ %lihole ci- in part for the
3 95 purpose of conductirici I)ingo gaines: in(ire@ f,,eqlientty than two (2)
396 calendar day@- in @,n,/ one (i) caiei@iar week for a single
3 9 7 organization; howevf-@t, the F,rovisonF (,t this section shall not
398 apply to the playin Di binqc) pursiiant t, i specieil permit issued
399 in accordance with l@i4.
400 (i) No organiz,it@on shall enter ;'Ito any contract or
4 0 2 otherwise employ c)r -' MF)c@nsite any nemi-)c" tli@it @)rqeinization Eor
402 the sale of bingo supidiies or equi,merit.
4 0 3 (j) The sale c@i @ift of instant t@@nlio supplies which have
404 been tampered with iii an@, way, includ@ing ;eeils broken on packets,
4 05 shall constitute a C'I,iL@: I misdeme@tnc)t-. Fiiimed@ately prior to or
4 06 during a session, seil@; shai[ be trojen ;Liii itistzint bingo cards
4 0 7 shall be thoroughl@ Ilixed and @311 U f t I E7'( I to insure random
408 distribution to play(,rs.
09 (k) Nor person @inder tl-..e age of edghteen (18) years shall
10 participate in any c ii),]@-ity iri the )perat,'Dll of any bingo game or
11 raffle, except as floc)r ,@orket-S.
12 (i) No individuil tinder the a(@e of @L>@teen (16) years shall
13 be permitted to play r)incjo durinq design@te,d @)ingc sessions, nor
14 shall any individual uticier the acle of 3,xteen (IE) years be
15 permitted on the preii@t.@(,@; wtieii bincj ) iF, (, @-,n@Juctecj or while binq,
16 sessions are in pro(-,ess, oi- any ritti@2 belng held, unle,'3s
17 accompanied by a par-@,nt ot- legal gu,711-(ii@aii, or unless on the
18 premises solely foi ti@e purpose ot operating refreshmeiit
12
4 19 concessions. City offi,2ials shall lilve the right to check age and
420 verify identificaticii-
4 2 1 (m) The destructiun of any unso (i regular, special, or
4 2 2 instant bingo materi,ils @;hall be pei,.-oi)al,y ,@tnes;sed and certified
4 2 3 in writing by at least tdo (2) offi@el:,s (@, rhe c)rg@inization, other
4 2 4 than the treasurer Dt ames manag(@r. Itie recor(I of destruction
4 2 5 shall specifically @cieritify E!ach itern e@@tij@(jyei.
4 2 6 (n) No bingo clim,- or raffle -,h@il I b,-, c7c)nducted unless all
4 2 7 advertising circular@@,, @gns, poste i- , ti @ I t,oards c)r notices c)f any
4 2 8 other kind which adv,@iti@;e zi @,ingo (iciiric- Di ritfle iiicludes the name
4 2 9 and address of the @pc)nsoring or,lani7,zi@ @,)n and the purpose or
4 3 0 activity to which th(@ I)t-oceecis dei ive(A t r-am the operation of the
431 game or raffle are tc L(i applied.
432 (o) No prize he awar ei tc) t@,(@ )inner of a bingo game
433 or raffle other ttian is idvertised by th(@ c@rganization.
4 3 4 (p) The sponsoi-inj or-gaiiizati )n @;hzi, I -iccept nly cash or, at
4 3 5 it) [)ayment of @,ny cli@irles c)r assessments 'or
4 3 6 piayers to participat(? in bingc) game.@;. fi@)wever no- izat o@n
4 3 7 shall dated chec:ks ii; L)ayr,.@cnt of iny r es or
4 3 8 assessments for pllt_yer@; to, part.ju@oatc@ in binqo- (:iames. No
4 3 9 pei-,;on ori the ;,)reiiiises shall extend lines of
4 4 0 credi --re(lit oi- debi'L clird @)i other ele-ctronic fund
441 trans t )-f any char@es, r @@@,sessment@3,,for ers to
4 4 2 n@o.
443 (q) Pull-tab d,,,Iic'es@ as defineci iri @,C-c-tion 4-85 may be sold
444 only upon the uwned @r Ex(lusively leased by an
445 organization to whi Ii a r-affle per it i@@ issued, and at such ti.me
4 4 6 as such premises ar,@, ii(@t op@l t the puLLic, except to
447 members and their gu('--;t-@.
448 Section 4-94. operation of bingo halls.
4 4 9 (a) Rental pei-i@il:@@ or lease@ fc)i bingo halls shall be in
4 5 0 writing and shall be @ii (:ompliance with I)c.th state statutes and
4 51 this article and sh@ill be avail i@,1(, inspection by city
4 5 2 officials upon reque@@t. Copies of said permit@- or leases
4 53 shall be available @)ri tile premises whei ;)ingo ;essions are in
13
454 progress and shall e @ivailal)le at the pt-@ilcipal office locations
4 55 of the organization. @ cop@ of sich permit@- or Leases shall be
4 5 6 forwarded by the orgin-zatiori to ttie ,it, i,i@in@acjer, not later than
4 5 7 ten (10) days after tl)e i-,ommeiicemeii-- ot t) , torr, of the lease. All
4 58 bingo halls not the @)rop(2rty c)f the c)rcian @,@it iun @iiall be used only
459 pursuant to a writteti 1),@riTlit or le@ise.
4 60 (b) On an annu@il basis, and no l@it@-r than June 30 of each
4 6 1 calendar year, all oppi-ator@; and owiier-@;,,lc@ssors C)f bingo halls
4 6 2 shall file with the it@ rnanager 1he ii@ifqe, and iddresses of the
463 owners of said binqo If su,h be other than natural
4 64 persc)ns, all indivi@lu,ils h@tving aii )@,,!ier@hip ;ind,/or security
4 6 5 interest in such entit includinc, o er tc,r-s anci iirectors, sh@all
466 be listed. Any change@ to the fil@d listii@,(js must be reported to
467 the city manager withir thirty (30) (3@iys; ;Iltet- the change occurs.
4 68 (c) Complete ati(i i,-,curate re(,@)rds (@i ill bin(-fo hall receipts
4 69 shall be maintained [)y operators )f ID[rcic halls at a specified
4 7 0 location and shall b(-, iri@i e available fc)r iiisF)ect@c)n by the business
471 license auditor and -)t-/other designated ,.t@ offic-ills.
4 7 2 (d) No person, associat@on, c)tc4z)riizatic,n, partnership,
4 7 3 or corporation shall p-l@ or recei E, fc)t iental of any location
4 7 4 devoted, in whole oi, iii part, tO @IIE' @@ nCiLict of bingo games or
4 7 5 raffles any considei-,itL@)ri in exce@@s )f tii@, (.urrE@nt fair market
4 7 6 rental value of sucli [)i-@,pert@'. @'c)i' pur,p)s@@@, of t@lis section, no
4 7 7 fair market rental i,i.ue (7onsid@@ratic):, be based upon
4 7 8 operation of bingo g@inie@@ c)r raffles ior @hil such consideration be
479 based upon or determ@rie(,l by any reterenc@ t(@ the number of peol)le
4 8 0 in attendance at SLI@'ti biriqc) gams or, Each day in
481 violation of this se(7tiic)n s@iail cDn@@tit@it. ii separate offense.
482 Evidence of fair market rental value riay [@),, ;)ased u[)on the (1) rnost
483 current reai estate tse;essment re(lorclE,, (2) most current state
484 ratio assessment atzi irid (3) most rec7e[it cost of living (COL)
4 85 index data. Current estate asL:essmEtit (iata M@ly be subject to
486 a reasonable percentig,, inci-ease as @r lic-Lite I)y state ratio
487 assessment and cost of I-ving index iat@i. @,Tjth s3pe,-ific reference
488 to fair market rent,il @ial@ie it ;hat I assun@ed that such
14
4 8 9 determination is base(] upon a pr(Dpertv's u,-,e f,,r , ,nth in a
4 9 0 regular business settiii(l. In no in@-3tanL7E@, :;flail fair market rerital
4 9 1 value be computed oi @tiargeci on a,i lioi-Irl@ basis. Rental may be
492 computed or charged on -1 per-gaine @,asis, the monthly fair
4 9 3 market value of the @-)t-operty by th(, avet t I( itum@)et- of games held on
494 the premises each irioi@tti@
495 (e) -ef-
4 9 6 -in
4 9 7 an ,Ft n-@at+/-@
4 9 8 aPA- e@
4 99 +/-di er- s@ Any le,@@-er
50 0 @ I @t@ t4+e
501 et+/-4 ities
5 0 2 4
503 (:+Fft - @e f @@
5 0 4 0 landlord shall at-, blngo @me@@Qnd cted on h@e
505 landlord's premises, (i) -P@ticipat,, @-i@ ttie --,ond,uct,@a ment or
506 gc) cLirnes;-@LL_sel'@, i@2ase or othg_@w rovlde
507 for consideration.an@ I)i@o incj_ @t ot litni e@d
508 iri@,t,illt .,bi-nqo- c@itds, ii,@tr-kers,,, or_ ther aine
509 @uir@ as a conditioi-i -)! trie leas,@or ontrqct
510 that rticular maiiul;icturE@r_@j@;trihutui- or su@_l
511 nt Lised by If @ui ent or
512 servi (i by zi landlord @ii cir@y lease or contract the
513 lease slilil @ itemize the imourit attributab e to the rent
514 of the premises, e@uil)merit_,ar)d eacli servtce to be prq
515 -landlord.
5 16 uf this subsectiori hall not 1 an
517 chari ticin 2ondu t@ina @ingo gEii,.ie@ on its wn behklf
518 which @;(-,s ,itiere such
t).i n c o -s a held.
-L _4aiiie re -
519 (f) Failure to o@rl)ly wlth tti re@ll@ i c@?ments )f this section
20 or the providing T-alse or LncuTqf@ ,2,e @nf@Drmation shall
21 constitute a Class I i,i sAeniecin'Dr and sh,ll I I E ';Ul t iii the suspension
22 of use of the premisc@@@ "@)r Lirigo gl!,iE@s (i!iy rgai)ization.
15
5 2 3 Adopted by the CoLi.,i@2il ol- the City ,,)t Vircjinia Beach, Virginia
5 2 4 on the 28 day of fune 1 191@4.
525 CA-5598
526 R-5
527 JUNE 17, 1994
528 ORDIN\DATA\PROPOSED\4-@@"ETSQ.ORD
16
APP7)OV'-'
AN ORDINANCE 'CO AMEND AND REORDAIN
SECTIONS 5-73 AND 5-87 OF THE CODE
2
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERT-AINING TO ANIMALS
5 BE IT ORDAINED BY THE CITY COUNCII@ Of,' THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Chapter 5 Sections 5-73 and 5-87 of the Code of the City
8 of Virginia Beach, virqinia, is hereby amended and reordained to
9 read as follows:
10 Section 5-73. Keeping dogs under restraint; leash law.
11 (a) It shall be unlawful for the owner of any dog to permit
12 the dog to go upon any publi.c street, sidewalk or right-of-way,
13 excluding the public beaches c)f the city, unless it is kept secured
14 by a leash or lead or other mean@; of iestraint not harmful or
15 injurious to the dog @ind under the @ontrol of a responsible person
16 capable of physically restraining the do(t.
17 (b) Any person who does not restrain his dog, in accordance
18 with this section, whetlier suc!h per--on be the owner or custodian of
19 such dog, shall be guilty of a Class 4 ,niE3demeanor. the animal
20 control officer or pol [(,,e officer may issle 3 summons to any person
21 he finds in violation of this section.
22 (c) (1) This section sliall ncdt apply to any person who uses
23 a dog under his direct supervision while lawfully
24 hunting, while engaged in a supervised formal obedience
25 training class or show, or duririg formally sanctioned
26 field triaL@;.
27 (2) This section shall not apply to any person south of
28 the trace I itie beg.inning at ttie@ intersection of Elbow
29 Road and the Cheszipeake-Virginiji Beach City boundary
30 line; thence northeastwai-dly alonq Elbow Road to Salem
31 Road; thence southeastwai-dly along Salem Road to North
32 Landstown Road; the@nce n@,@)rthea.,;twardly along Landstown
33 Road to Prince@3s Anrie roa(t; thetic!c, southeastwardly along
3 4 Princess Anne Road to
3 5 nE)r-
3 6
3 7 i@it
38 sub
39
40 astwardly Al Sndbri Ro@d t, s nte ... ti,, th
41 he Atlant@c Ocea-- ith t e@ @h,
42 ubdivisigns of-BeLlwood Estates, Foxfilre and Three a@ks
43 nd the qomm n-te Of Sndbrijgq @n
44 ther areas @ ned for-re idential use.
45 Section 5-87. Vaccination or inoculation of dogs and cats.
46 (a) It shall be unlawful for any person to own, keep, hold or
47 harbor any dog or c@it over the agc@ of f@)tir (4) months within the
48 city, unless such dog or cat shall have been currently vaccinated
49 with a rabies vaccine, Licensed by the Urlited States Department. of
50 Agriculture for use in that species. If, h-Dwever, the requirement
51 of vaccination or ino(-ulation threatens the physical well-being of
52 such dog or cat, the owner of uch (iog or cat shall have a
53 certificate signed by @i licerksed vcterin.irian certifying the same
54 and the owner shall @eep sucli dog z)r cat in quarantine until the
55 same is inoculated or %7accinated.
56 (b) Any person transporting a dog or cat int.o the city from
57 some other jurisdicticii sha-Li conply wlth this section within
58 thirty (30) days froni the da@, he brings such dog or cat into the
59 city, if such dog or (! t is to be kept in the city more than thirty
60 (30) days.
61 (c) The vaccination or inoculation required by this section
62 shall be administered by or under the SLipervision of a licensed
63 veterinarian. When so admini@E;tered, the veterinarian shall issue
64 to the owner of the Jog or cat a t@ig and @a certif icate of rabies
65 inoculation or vaccination, I)roper..y executed and signed by the
66 veterinarian, certifyin@3 that the d(-)g or @-,at in question has been
67 inoculated or vaccinateci @n accordance with the provisions of this
2
68 section. Such tag shall be firmly attached to the dog's or cat's
69 collar and shall be worn at all times when the dog or cat is not on
70 the property of the owner or custo(lian of t-he dog or cat or in the
71 iinmediate control of some responsible person. The owner or
72 custodian of the shall furni@h within reasonable
73 gn e qest @f n -- nimal warden hunane
74 invest-i-ator, law enf.orcement officer or official ent
75 of he ination
76 Adopted by the Council oiE the City of Virginia Beach, Virqinia
77 on the 28 day of Jtjne 19')4.
78 CA-5607
79 Rl
80 ORDIN\DATA\PROPOSED\05-73-87.ORD
81 JUNE 10, 1994
3
1 AN ORDINANCE 'FO AMEND AND REORDAI)IT-
2 SECTION 22-11 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO INDECENT EXPOSURE
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 22-11 of the Code of the ('ity of virginia Beach,
8 Virginia, is hereby amended and rec-rdainc@d to read as follows:
9 Section 22-11. Indecent exposure.
10 No person shall intentlonall@@ make @in obscene display or
11 exposure of his persori, or the private parts thereof, in any public
12 place or in any place where others are present, and no person shall
13 procure another to so expose h.imsell No person shall be deemed to
14 be in violation of this section for breastfeeding hild in an
15 Public Place or any pl@g@where others are-present.
16 Adopted by the Council of the City ot vlr(ginia Beach, Virginia
17 on the 28 day of J@ine 1994.
18 CA-5597
19 Rl
20 MAY 19, 1994
21 ORDIN\DATA\PROPOSED\22-11.ORD
APi@-;@)VtCi TC) CONTEWS
-iT
APPPOV,,.,:
@ I 'r -0 LEIGAL
1 E"Cy
2 AN ORDINANCE: TO AMEND AND REORDAIN
3 SECTION 38-3.2 OF THE CODE OF THE ITY ATT,
4 CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO USE OF BOW AND ARROW
5 BE IT ORDAINED By THE CITY COUNCI L OF THE CITY OF VIRGINIA
6BEACH, VIRGINIA:
7 That Section 38-3-2 of the Code of th@ CitY of Virginia Beach,
8Virginia, is hereby amended and reordained to read as follows:
9Section 38-3.2. Use of bow and arrow restricted.
10 (a) It shall be unlawful for any person to shoot with a bow
11 and arrow within those limits of the city which zire specified in
12 section 38-3 to be unlawful for the discharge of any firearm,
13 e)<cept within an archery range? having clearly designated boundarie,
14 and a safe area of impa,t sufficient to p-revent personal injury and
15 property damage. The Llse of any such range located on public or
16 school property shall be subjE!Ct to the appr:)val of the director of
17 parks and recreation or the principal ol the respective school.
18 The shooting of arrows ti@@ped ,.ith --@uction cups shail not
19 constitute a violation ,f thi@s sectton.
20 (b) Notwithstandin(j any other provisic3n of this chapter, it
21 shall be unlawful for -atly pere;on to shoot w'th a bow and
22 rrow or crossbow iia in r act ss any@oao,-Or within the right of
23 S-tre-et- r iii at or upon the property of
24 another without permisE;i,:)ti of the owner or @)ther person lawfully -n
25 charge thereof.
26 (c) A violation of this section shall, constitute a class 4
7misdemeanor.
8 Adopted by the Council of t:he City of Virginia Beach, Virginia
9on the 28 day of Jtjne 199,1.
0CA-5596
IR-2
2MAY 26, 1994
3ORDIN\PROPOSED\38-3-2.QRL
- 14 -
em 11 -G.3
CONSEA'T AGENDA ITEM # 38124
7he following registered in SUPPORT.
Attorney R. Edward Bourdon, Pembroke One Building, Fifth l"I()Or, Phone: 499-8971, represented the
applicant
I)onald F Kelleher, 5529 "irlaway Road, Phone: 499-9349
7he following registered in OPPOSITION.-
Robert Hicks, Chairman - Parb, and Recreation Commission, 5565 Rhirlaway Road, Phone: 49 7- 4129.
Mr. Hicks requested the property behind the sewerage pump station not be sold.
A MOTION was made by Councilman Clyburn, seconded by Councibnan Brazier to ADOPT an
Ordinance to declare a portion of approxi?wtely ten (10) acres as EXCESS PROPERTY adjacent to 5517
"irlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Corneit, and,
authorizing the City Manager to divpose of same (KEMP,1;1,7II,E BOROUCII),
A SUBSTITUTE MOTION was made by Councilman Deam seconded by Councibnan Moss to DEFER
THIRTY DAYS TO THE CITY COUNCIL SESSION OF AUGUST 2,1994, an Ordinance to declare
a portion of apprctximately ten (10) acres as EXCESS PROPERTY adjacent to 551 7 FAirlaway Road
(Carolanne Farms Subdivision), in the petition ofjohn and Geraldine Corneit, and, authorizing the City
Manager to dispose of same (KFMPSVIII.E BOROU(,H).
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members voting Aye:
Linwood 0. Branch, III, Robert K Dean, John D. Moss, Mayor Meyera
E. Oberndorf and Vice Mayor William D. @essomv, Jr.
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, louis R. Jones
and Paul J. lanteigne
Council Members Absent:
Nancy K Parker
June 28, 1994
- 15 -
-G.3
CONSENT AGENDA ITEM # 38124 (Contin,,d)
A MOTION _ _,ie by Counclman Clyburn, seconded by CounciLmn Brazier to ADOPT an
Ordinance to declare aplrtion Of aPProxiinate Y ten 0) acre as EXCESS PROPERTY jace 0 55 7
"tr'-ay ROal (C-olann. s ad it I I
pe
ty Manager to dispose of sa-e (KFMPSVILIE BOROU(-;Il).
authorizing the Ci F-- S-bdi,,ii-n), in he ti"On of John and Geraldine Cornelt, and,
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
John A. Ba-, ja__ W r, Jr., Robert W. (@'lyburn, Louis R. Jones
-d Paul J. Lanteigne . Br.,
Council Members Vtig Nay:
Linwood 0. Brancl4 III, Robert K Dean, John D. Mos,, mayor meyera
E Ob-liorf and 1,ce Mayor WIlia,, 1) Ssso@, j,
COuncil Me-bers Absent.-
Nancy K Parker
June 28, 1994
- 16 -
CONSENT AGENDA ITEM # 38124 (Continued)
UP- -'!On bY Councilman Clybu,,,, c,,,,dd by l-,ce May- s:esso_,
RECONSIDER: CitY COuncil AGREED To
Ordinance to declare a Portion Of aPPr-i ately ten (10) acres as
EXCESS PROPERTY adjacen m
Far Subdivision), in th 1 to 5517 K%irlawaY Road (Carolanne
m e petition of John and Geraldine Corneit,' ani4
authorizing the ('ity Manager tO dispose (@f same (KEMps L
BOROUGH). VI LE
Voting: 10-0
Council metnbers Votig Aye:
John A. Ba-, Linwood 0. Branck III, jaes W Br-ier, Jr., Rober, W.
Clyburt; Robert K Dean, Louis R -jones, Paul J. Lanteigne, Joh, D
MOSS, MaYor Meyera E. Oberndorf and t,ce Mayor william I). @essolm,
ir.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
June 28, 1994
- 17
tem III-G 3
CONSENT AGENDA ITEM # 38124 (Continued)
UP- -tion by Councibnan Clyburn, seconded by Councilinan Br-ier, City Council DEFERRED To
THE CITY COUNCIL SESSION OF AUGUST 2,1994:
Ordinance to declare a portion of approximately ten (10) acres as
EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne
Farms Subdivision), in the petition of John and Geraldine Corneit; and,
authorL,ing the City Manager to &,vpose of same (KFMP,@VIIIE
BOROUGH).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W
Clyburr; Robert K Deap; Louis It Jones, Paul J. fanteigne, John D.
Moss, Mayor Meyera I,. Oberndorf and Vice Mayor William D. @essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
- 18 -
Ite 111-G 4
CONSENT AGENDA ITEM # 38125
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED.
Ordinance to authorize the City Manager to execute an Agreement
between the City of @irginia Beach and the Commonwealth of Pirginia,
Department of Transportation (VDOT), re administering both the
Rosemont Road widening and Route 44IRosemont Road interchange
modifications Westbound On -.Ramp A projects.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancA III, James W. Brazier, Jr., Robert W.
Clyburm Robert K I)ean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and rice Mayor William D. 5essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K I'arker
June 28, 1994
1 AN OPDItIA@JC'E AUI'[iC)Plll!,-(-, PliE CITY
2 MATIAGER TO EXF:CU'I'E AGREEMENT
3 BEI'WEEN TfiE CITY OF @!IPGFNIA BEACH
4 AND THE COlvIMONWEAI,I'fi OF VIRGINIA,
5 DEPARTMENT OF TRANSPOI@-fATIO@l, FOR
6 ADMINISTERIIIG BOTYI TiiE l@OSE14ONT ROAD
7 WIDENING ANI) ROUTE 44ZPOSEMONT ROAD
8 INTERCHANGE MODIF, IC'A'rlolj@; @"'ES'PBOliND
9 ON-1@AMP A Pl@0,7ECT3
10 WHEREAS, tll(- Ros(-,iiiont Roa Pi-oject (CIP 2-1r,9)
11 first appeared in tli(, ,Pit@, ,,'p c)vej,ient Program;
12 WHEREAS, tl@e Project provicie, f(-,I- tlie --on-Struction f an
13 additional southbc,@@jn@] lane from Vilyi,@@,t Beic7h Boulevard t,) t-he
14 Rc)ute 44 overpass, i Of IPPr(@, l@l,@tcly foui- hundred (400)
15 feet;
16 WHEREAS, Departmert of
17 Transportation, @elit ptc)jcct it, the city
18 known as Route ',4/Rosem(int P -)@ici !lit, t-c:hinge Modificat@otis,
19 Westbound On-Ramp A; @itid
20 WHEREAS, @tie City ,nd tie @tate Department of
21 Transportation agie,, t@lat it wollid @i their best interests to
22 have one entity a(l@"I@tia@;ter oth F-r je,-,i -,.
23 NOW, THEREF(:)RE, BE IT O@DAINED BY THE CITY COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That the ('it@, Manacjer is I,,et-,,I,y i@itl@orized to execute@, on
26 behalf of the C'ity of Virgitiia an "Agreement for
27 Administerincj Pro j( c7t y @ltini( ipii @t itt,ich(@d hereto as
28 Exhibit A, by whic@ t@i,, Cit@@ acjr(,@@@@ t,, @i,,ini@,ter both the City's
29 Rosemc)nt Road Wid@,@ : fl,j @Ir j ('Ct Ill I tllc, D,i.@iori,,@eitth of Vircjinia,s
30 Route 44/Rosemont Pc,,id Tiltercfiatige i f i cit ions, Westbotind
31 On-Ramp A Project i(-c(,)i.,(IEince -@@th tc@rms itid (-oiiditions set
32 forth in said agreel@i(-'t)f.
33 Aclopted t)y tiie Council ot til@ -ity of Virgiiiia Beach,
34 virginia on the -)8 day of Jun( 1994.
35 CA-5551 AS ro CONTENTS
36 \ORDIN\NONCODE\CA5')@@1-2-ORD
37 R-2
38 PREPARED: 4/6/94
:%['f)RO@'l-'[) AS 'ro [-E(.'Al,
ANI) FORNI
AGREEMENT FOR ADMINISTERING PROJECT BY MUNICIPALITY
ROUTE 44/ROSEMONT ROAD
INTERCHANGE MODIFICATIOUS
VDOT PROJECT NUMBER: 0044-134-111, C501
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made and executed in duplicate as of this
day of -1 19_-, between the COMMONWEALTH OF
VXRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the
"Department" and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of virginia, hereinafter called the
tocityll.
I T N E S S E T H-
WHEREAS, the Department has programmed an improvement project
in the City know as Route 44/Rosemont Road Interchange
Modifications, Westbound On-Ramp A, project number 0044-134-111,
PE101, C501 and as shown on the design plans prepared in connection
therewith, and referred to hereinafter as the "Project"; and
WHEREAS, the Department and the City agree that it would be in
their best overall interests to have one entity administer both
construction contracts;
NOW, THEREFORE, and in consideration of the premises and
mutual covenants and aqreements contained herein, the parties
hereto agree as follows:
1. The City shall consult with, and act as the agent of, the
Department in performing the construction phase of the
Department's Project, specifically including the
following:
a. Administer, supervise and inspect the construction
of the Project through final acceptance, in
accordance with the design plans, contract
specifications or any addenda thereto.
b. Procure, in conformance with the applicable
provisions of the Virginia Public Procurement Act,
a contractor to construct the Project. The City
agrees to provide the Department with all bid
documents, including copies of the bid
advertisement, the engineer's estimate, and all
bids received, and the City will not award a
contract to construct the Project until the
Department has reviewed and approved the bid and
the contractoi.-.
C. Relocate utilities as necessary.
d. Submit each phase of work to the Department for
review and approval as the Project develops and
allow Department personnel to inspect all phases of
the project at@ all times.
e. The City and the Department, through the Resident
Engineer, shall mutually agree upon the need for
additional work to be added to the contract.
Contract change orders will be approved and
executed by the City and the Department, prior to
the commencement of any work, except in the case Of
an emergency situation and/or when the time
involved in the execution of a change order would
prove costly or detrimental to the City and the
Department. 7-he City shall advise the Department
verbally, wherl it is necessary to commence work
prior to the execution of a change order. When it
is necessary to commence work prior to the
execution of a change order, a formal notification
shall be initiated by the City as soon as
practical. Upon determination of all costs
associated with the change, a change order shall be
prepared and executed. A formal notification is a
memo required when changes occur in quantities
after estimated costs have been determined; when
time does not permit preparation and execution of a
change order prior to performance of the work; or
where notice is necessary to alert the Department
of significant changes not requiring a contract
change order.
2
Receive Department approval of any claims prior to
settlement. The city will furnish the Department
with a copy of all notices of intent to file a
claim and a copy of any claim that is filed upon
the completion and acceptance of the project. The
Department shall have access to the City's files
pertaining to the claim. Upon receipt of a claim,
the City shall within 30 days transmit the claim
and its position to the Department through the
Department's Resident engineer. This is not to
mean that face-to-face meetings or discussions
concerning the claim cannot occur prior to that
time. The Department's Chief Engineer, after
review by the Residency, District, and Central
Office staff, will determine whether the claim is
valid and which part or parts have merit. He will
advise the Ci.ty of the Department's decision at
least 10 days prior to the time the City is
required to communicate the decision to the
contractor. The City will inform the contractor of
its position within 90 days of receipt of the
claim, If t-he contractor does not accept the
City's offer, which offer shall be reviewed and
approved by the Chief Engineer, and requests a
hearing before the State Transportation
Commissioner, then the hearing will be held jointly
with the contractor, the City and the Department
within the time frames noted in Section 105.17 of
the Specificat@ions. The Commissioner will apprise
the City of his position on the claim and notify
the contractoy- accordingly.
9. Maintain accurate records of all costs and expenses
incurred for the Project and documentation of all
expenses for which reimbursement will be requested,
and make sucti records available for inspection
and/or audit by the Department at any time.
3
h. Submit to the Department's Resident Engineer on a
monthly basis a certification of all Project
expenses incurred and paid for during the preceding
month for construction. The final billing shall be
made on a basis of actual costs, reconciling any
differences with previously billed amounts. Such
billings shall be accompanied by the Department's
Form AS-5.
i. In the event the Project is terminated by the
Department during any phase of work, the Department
will bear 100% of all costs expended to the date of
termination.
2. The Department will coordinate with, cooperate with, and
assist the City in implementing the Project, and
specifically agrees to:
a. Review each phase of the Project and respond to
requests from the City for assistance.
b. Secure the Commonwealth Transportation Board's
approval of the constructi.on contract.
C. Upon receipt of the construction bids from the
City, prepare @a detailed estimate based on contract
prices, a bid tabutation, a detailed allocation
summary, and a monthly progress estimate.
d. Provide funds to the City within thirty (30) days
of receiving from the C'ity an invoice of the
expenses.
e. Audit all Project costs and records as may be
required or appropriate.
f. The Department hereby approves the schedule of
hourly rates attached hereto as Exhibit "All.
3. Nothing herein shall be construed as creating any
personal liability c)n the part c)f any officer, employee,
or agent of the parties, nor shall it be construed as
giving any rights or benefits to anyone other than the
parties hereto.
4
4 Neither party will use Federal funds to carry out its
Portions of the Project.
5. This Agreement shall be binding upon the Parties hereto,
and their respective successors and assigns.
6. Upon the execution of this Agreement by both parties, the
City is hereby authorized to commence with the Project.
IN WITNESSETH WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized offi,ers.
ATTEST: CITY OF VIRGINIA BEACH
ITY CLERK CITY MANAGER
WITNESS: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
BY-.--
APPROVED AS TO LEGAL SUFFICENCY
BY@
AScl
nfe
11/12/93
IIE TIIEII
5
R,9-
A
44
OR.
,-HIC SCAI @
2000
I,() P,TION Mi@i@
@ " , ( -@,( ,
EXHIBIT IIA"
The cost associated with construction administration and inspection
services to be performed by the City of Virginia Beach personnel
will be charged against the Route 44/Rosemont Road Interchange
Modifications project at the following tiourly wages:
Civil Engineer II $30.19
Construction Representative II $23.01
Construction Representative I $20-85
Contract Specialist $23.01
Secretary '?12.72
te- III-G.5.
CONSENT AGENDA ITEM # 38126
Upon motion by rice Mayor Sessn., Neconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4 TE an $18, 000. 00 Grant fi-om
the Virginia Deparonent of Conservation and Recreation (DCR); ani4
TRANSFER $18, 000. 00 from the Outdoor Plan Initiative Reserve (CIP
#4-960) re construction of a Portion of the Pungo-Park Connector
Trail.
Voting: 10-0
Council Members Voting Aye:
John A. Baum' Linwood 0. Brancl; III, @es W Brazier, Jr, Robert W,
Clyburn, Robert K Dea?; Louis R Jones, Paul J. Ianteigne, John D.
Moss, Mayor Meyera F. Oberndorf and Vice May(@r William D. 5essom,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $18,000 FROM THE VIRGINIA
3 DEPARTMENT OF CONSERVATION AND RECREATION AND
4 TO TRANSFER $18,000 FROM CIP #4-960 OUTDOOR
5 PLAN INITIATIVE RESERVE
6 WHEREAS, the Virginia Department of Conservation and
7 Recreation has provided a grant in the amount of $18,000 to offset
8 the cost of constructing an asphalt pedestrian and bicycle pathway
9 with grassed shoulders within an unused City right-of-way for
10 Rosemont Road as part of the Pungo-Park Connector Trail;
11 WHEREAS, the total cost of constructing the pathway
12 portion of the Pungo-Park Connector Trail along the unused Rosemont
13 Road right-of-way is $36,000; and
14 WHEREAS, the work to be provided through this grant will
15 significantly enhance the recreational amenities and transportation
16 alternatives afforded to the citizens of Virginia Beach and
17 complements the objectives and plans included in the proposed
18 outdoor Plan.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That a grant in the amount of $18,000 from the Virginia
22 Department of Conservation and Recreation be accepted and
23 appropriated to CIP Project #4-961 Pungo-Park Connector Trail and
24 that the City Manager be authorized to sign the attached project
25 agreement.
26 BE IT FURTHER ORDAINED:
27 That estimated revenue from grant funding in the CIP be
28 increased by $18,000, and that $18,000 be transferred from CIP
29 Project #4-960 Outdoor Plan Initiative Reserve to CIP Project #4-
30 961 Pungo-Park Connector Trail.
31 This ordinance shall be effective July 1, 1994.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 28 day of June 1994.
34 CA-5594
35 ORDIN\NONCODE\PUNGOPRK.ORD
36 R-1 S G@!ATU@2
37 PREPARED: 06/20/94
APP,70VED AS TC) LEGAL
SUFFI(:IE@ND_fORM
CITY ATICMNIEY,
- 20 -
te- III-G.6.
CONSENT AGENDA ITEM # 38127
UP- -ot'on by 1-ice Mayo, Ve,,soms, seconded by Councilman Clybun, city Council ADOPTED:
Ordi-nce toAPPROPRUTE $10,000fi-OmAccount#3002-1-4-02-03
(Civil Charges for wetlands violatio,,s) to the Departinent of Agriculture
- abatement of environmentd do-ge tO, or restoration of Wtland,.
Voting: 10-0
Council Members Voting Ay,.
John A. Baum, Linwood 0. Brallck III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, LOuis R. iones, Paul J. Lanteigne, John D.
Moss, May- Meye- E. Oberndorf and Vice Mayor William D. @l;essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parkcr
June 28, 1994
I ORDINANCE TO APPROPRIATE $10,000 TO THE
2 DEPARTMENT OF AGRICULTURE FOR THE ABATEMENT OF
3 ENVIRONMENTAL DAMAGE TO, OR RESTORATION ef@,
4 WETLANDS IN THE CITY OF VIRGINIA BEACH.
5
6
7
8 WHEREAS, the Wetlands Board of the CitY of Virqinia Beach
9 has ordered the imPOsi-tion Of civil charges in connection witti
10 violations of the Wetlands Zoning Ordinance of the CLty of Virgi.nia
11 Beach and has collected the cumulative sum of $lo,ooo in civi.1
12 charges and deposited said monies with the City Treasurer; and
13 WHEREAS, Section 28.2-1320 C)f the (@ode of Virqinia 1950, as
14 amended, and as incorporatd bY reference In Section 1418 of the
15 City Zoning ordinance, provides that civil (,harges imposed for the
16 violation of any provision of the Wetlands Act (Sections 28.2-
1 1300 - 28.2-1320) oL violations of any Com,ission or wetlaiids board
18 notice, order, rule, t-egulation or permit condition may be direct.ed
19 to be paid into the treasury of the county, city, or town in which
20 the violation took place for the put,-Pose ')f abating environmental
21 damage to, or the restoration of wetlands therei.n; and
22 WHEREAS, there are available revenues deposited with the City
23 Treasurer, the sum of $iO,000 for the abatement of environTnent-,,Il
24 darnage to, or the restoration Of wetlands; and
25 WHEREAS, the Department of Agriculture is tasked with the
26 administration of funds collected in accor(iance with Section 28.',@-
7 13 2 0.
8 NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGIN @, THAT:
0 That the sum of $i.o,ooo is hereby appropriated to the
I Department of Agricultul,e, for the abatement Of environmental damaqe
2 to, or the restoration ()f wetlands in the City of Virginia Bea( as
3 directed by the Director of Agriculttire.
34 Adopted by the Ccluncil of the City If Virginia Beach, Virgini,
35 this 28 day ot J@iFie
1994.
36 A MAJORITY VOTE OF ALL THE MEMBERS OF COUNCIL IS REQUIRED.
37
38
39
40
41 CA-5613
42 ordin\Noncode\Wetlands.ord
43 06/09/94
44
APPFOVED AS TO CONIENTS
Z DFPAR7MENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Cill All
2
- 21 -
tem III- G. 7.
CONSENT AGENDA ITEM # 38128
UP- moti@n by @ce Mayo, s
V & lo-, s,,.ded by Co,,ncilm,,,n Clyburn, CitY Council ADOPTED.-
L-e Agreement between the City f Vrgi,,,,, Beach and the Back Ba
Wildf@,vl Guild - op-tion of a museum Of wildfowl art at dewiuy
Cottage.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LlnwOOd 0. Branck III, Janes W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jo,,es, Paul J. Lanteigne, John D.
Moss, Mayor Meyera f,. oberndorf and Vice May- William D. ,;essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
LEASE
THIS AGREEMENT Made as of the r4 day of ri e- 1994, by
and between the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth
of Virginia, (hereinafter the "City") and the Back Bay Wildfowl Guild, (hereinafter the "Guild").
WITNE T H-
That the City, for and in consideration of the rent and covenants and agreements
to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby
rent to the Guild, and the Guild does hereby accept said lease upon the terms and conditions set
forth herein, all that certain piece, parcel or tract of land, together with any and all
appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach,
Virginia, the following described property, to-wit:
All that certain lots or pieces of land with the buildings thereon,
in the city of Virginia Beach, Virginia, known, numbered and
designated upon a plat of the Virginia Beach property which is
attached to and made part of a deed to Robert M. Hughes from the
Norfolk and Virginia Beach Railroad Company, dated July 21,
1887, and duly recorded in the clerk's Office of the Circuit Court
of the City of Virginia Beach, as lots number one (1) and two (2)
in block eleven (I 1) which lots are bounded and described as
follows: Beginning at the Southeastem intersection of Twelfth
Street and Atlantic Avenue and running South along the East side
of said Atlantic avenue One Hundred and five (105) feet, thence
Eastwardly at right angles with Atlantic Avenue One Hundred and
fifty (150) feet; thence northerly parallel with Atlantic Avenue One
Hundred and five (105) feet to Twelfth Street, thence Westwardly
along the southern side of Twelfth Street One Hundred and fifty
(150) feet to the point of the beginning.
It being the same property conveyed to the Virginia Beach
Foundation by deed of the dewitt sisters dated October 1, 1990,
and recorded in the Clerk's Office of the circuit court of the City
of Virginia Beach, Virginia, in Deed Book 2945 at Paae 1287.
This Agreement and Lease is conditioned upon the following terms, conditions, and
covenants.
1. Term: The term of this Lease shall be for a period of five (5) years, commencing
on the date that ownership of the Property (the Building and the grounds) is conveyed to the City
and the Guild is prepared to assume occupancy of the premises, and ending at midnight on the
date which is five years from the commencement date, with the intention of renewing this lease,
to the extent permitted by law, as long as both parties are dedicated to preserving the historic
nature of the dewitt Cottage (the "Building") and operating an activity that compliments the
general level of culture of the City of Virginia Beach.
2. Rent: The total rent for the term hereof and any renewal term hereof shall be one
dollar ($1.00) per annum, which the Guild shall pay to the City, in advance, at such place as
may be designated by the City.
3. Use: The Guild will use and occupy the Property for purposes which complement
the general level of culture of the City of Virginia Beach, including wildfowl exhibits and related
special events, receptions and meetings, operation of a gift shop, and exhibiting fumishings and
other items which are intended to preserve the historic nature of the dewitt Cottage.
The Building must remain open to the general public for at least 120 days and for a total
of at least 1,000 hours per year.
The Guild covenants and agrees to abide by, observe and comply with all Federal, State,
and Municipal laws, ordinances and regulations applicable to its use and occupancy of the
Property and with any covenants and restrictions to which the Property is now or may hereafter
be made subject and further covenants that it will not do or permit any act or thing or omit any
act or thing which conflicts or otherwise fails to comply with the terms of any policy of
insurance covering the Property.
The Guild shall not use nor permit the Property to be used for any purpose other than
as stated in this section of the Lease without the City's prior written consent.
2
4. Notice: Any notice provided for or required by this Lease shall be deemed to have
been delivered on the date that such notice has been personally delivered or deposited in the
U.S. Mail, first class, retum receipt requested, postage prepaid and addressed as follows:
(A) To the City: Department of Museums
City of Virginia Beach
Virginia Beach, Virginia 23456
(B) To the Guild: The dewitt Cottage
21st and Atlantic Avenue
Virginia Beach, Virginia 23451
5. Name: The official name of the Guild's operation must include mention of the dewitt
Cottage, such as "The Atlantic Wildfowl Heritage Center at the dewitt Cottage." Letterhead
and identifying signage on site and any other formal recognifion must contain this inclusion.
The appearance of this title shall be approved by the City and the Guild.
6. Signage: The Guild shall erect a sign which shall give recognition to the City as a
principal in the ownership and establishment of the dewitt Cottage. Such signage is to be
constructed and maintained in accordance with applicable State and City law. Signage shall be
approved by the City, such approval not to be unreasonably withheld.
7. mn : The following documents are attached hereto and such documents
shall be incorporated herein by reference:
(A) Exhibit A - Insurance Obligations; and
(B) Exhibit B - Inventory of Fumishings.
8. Termination: The Guild may terminate this Lease with sixty (60) days advance
notice, for any reason it considers appropriate, with no further obligation.
9. Default: If, after receiving written notice from the City, the Guild fails to complete
performance within forty-five (45) days thereafter or within such additional time as may be
reasonably necessary, of any covenant or agreement to be performed by the Guild herein, or
causes damage to or neglects the house, the City may reenter the Property, and terminate the
Lease. in addition, the City shall retain the right to sue for damages as allowed by law and to
pursue such other remedies as are available at law or in equity.
10. Indemnification: The Guild agrees to indemnify the City against all liabilities,
expenses and losses incurred by the City as a result of (a) failure by the Guild to perform any
covenant required to be performed by the Guild hereunder; (b) any accident, injury, or damage
which shall happen in or about the leased Property or resulting from the condition, maintenance
or operation of the leased Property.
3
The City shall not be liable for any loss, injury, death, or damage to persons or property
which at any time may be suffered or sustained by the Guild or by any person whomsoever may
at any time be using or occupying or visiting the Property or be in, on, or about the same,
whether such loss, injury, death, or damage shall be caused by or in any way result from or
arise out of any act, omission, or negligence of the Guild or any occupant, visitor, or user of
any portion of the Property, or shall result from or be caused by any other matter or thing
whether of the same kind or of a different kind than the matters or things above set forth. The
Guild shall indemnify the City against all claims, liability, ioss, or damage whatsoever on
account of any such loss, injury, death, or damage. The Guild hereby waives all claims against
the City for injuries to person or property in or about the Property, from any cause arising at
any time.
The Guild further agrees to defend, indemnify, and hold harmless the City, its
employees, agents, and volunteers from any and all liability and/or damages for injuries to
persons or damage to property arising out of the acts or omissions of the Guild, the Guild's
agents or employees under this Lease.
I 1. City/Guild Serviceso Maintenance: City shall, at City cost: (A) Maintain in good
condition and repair the Property, including all buildings and improvements, sidewalks and
landscaping; (B) Provide payment for all utility costs and fees as pertain to electricity, heating,
fuel, water, sewer and solid waste collection; (C) Provide minimal weekly housekeeping
services; and (D) Approve in advance the acquisition or installation of any equipment it is
expected to maintain. The grounds will be maintained in a manner consistent with the historical
appearance of the Building or representative building of the same period. The City shall, upon
prior notice to the Guild, have access to the Building, at reasonable intervals during normal
business hours, for reexamining or repairing the Building, and City may enter at any time for
emergency repairs. However, the City shall not unreasonably interfere with the Guild's use of
the Building. The City shall have the right to establish reasonable rules and regulations
goveming the use and occupancy of the Property.
The Guild shall not perform any repairs upon the premises, structural or otherwise,
unless minor in nature and approval of the City is first obtained, but shafl use its best efforts to
maintain the premises in a neat and orderly condition. No changes or additions to the structure
of the Building or its mechanical systems may be made without the approval of the City. The
Guild shall provide daily housekeeping services. Upon the termination of this Lease, the Guild
shall deliver the Building to the City in "broom clean" condition, excepting ordinary wear and
tear or loss or damages caused by fire or other casualty. The Guild shall: Pay for
telecommunications fees and services and other utilities unless specified to be paid by the City;
and Provide written security procedures designed to reasonably protect tlie Building against
damage, such procedures to be approved by the Cit@.
12. Fumishiniis: The Guild is hereby expressly given the right, at any time during its
tenancy to remove its fixtures and other personal property, but shall not be obligated to do so-,
provided however, the Guild will make reasonable repairs to the Building for any physical injury
caused thereto by such removal. At the expiration of the Term, should the Guild fail to remove
4
all flxtures and other personal Pro,perty, the Guild shall be deemed to waive all rights toy
such fixtures or personal Propert.y not so removed. an
An inventory Of all fumishings and material, considered to be a part hibit
the dewitt Cottage @ill be Presented to the Guild. (This inventory is attached of the property of
B and is incorpora ere 0 Ex
disposed of without the approval of the City. moved or otherwise
ted herein by reference). None of these items may be e h t as
There shall be maintained at the Guild's expense, at all times when any change or
altez-ation is in progress, worker's compensation insurance in accordance with law covering all
Persons employed in connection with the change or alteration, and general liability insurance for
the Guild covering the additional hazards resulting from the change or alteration.
13. C : Except as otherwise provided herein, in the event the Building
or improvements on the ProPerty Or any part thereof are damaged or destro ed by fire or other
casualty, net proceeds of insurance as are applicable to such damage shall beyused for the repair,
replacement, rebuilding, or restoration of the Building to the same condition as existed prior to
such damage or destruction if deemed economicafly feasible to do so by the City.
14. nmen-I let in : The Guild shall not assign this Lease in whole or in part
or sublease all or an,y part of the Pro,perty. This shall not prohibit the Guild from conductin-
special events, receptions, meetings for which it receives fees or other consideration as long as
such events are conducted in general accord with the terms and conditions stated in this Lease,
15. Sti nder: Upon the ex,piration or earlier termination of this Lease, the Guild shall
surrender to the City the Property in a broom clean condition, fair wear and tear excepted.
16. ra ilit : If any provision of this Lease or its application to any pcrson or
circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the
application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid
and enforceable to the fullest extent permitted by law.
17. on behalf of itself and its agents, employees,
contractors, to observe and strictly comply with afl
reasonable r e City from time to time With respect to the
occupancy o: City shall not be liable for the nonobservance
or violation I contractor, invitee or licensee of the Guild,
of any Rules
18. uired A v I : All approvajs required within the wording of this Lease must
be obtained in writing prior to implementation or acquisition. The official representative of the
City for administering this Lease and contact is the Department of Museums, unless otherwise
stated.
5
19. Non-Discrimi@l n: The Guild certifies that eligibility for membership,
employment, volunteer worker status or elected or appointed office in the Guild is not restricted
on the basis of race, religion, color, sex, or national origin.
IN WITNESS WHEREOF, the City and the Guild have duly executed this
Agreement as of the date first written above.
CITY OF VIRGINIA BEACH:
BY
City Manager or Authorized Designee
(SEAL)
ATTEST:
(Title)
BACKBAY WILDFOWL
B
(SEAL)
ATI'EST-
@-@
(Title)
6
STATE OF
COUNTY OF to-wit:
a Notary Public in and for the County
and State aforesaid, do hereby certify that whose name is signed to the
foregoing writing, bearing date the _ day of 1994, has acknowledged the
same before me in my County and State aforesaid.
Given under my hand this _ day of 1994.
NoLuy Public
My Commission Expires:
STATE OF t)tiec-l@ i q
COUNTY OFkfreess 41ve, to-wit:
1, /W,4/e-7-HI4 4. @n a Notary Public in and for the
County and State aforesaid, do hereby certify that 6V@?L@hose name is signed
to the foregoing writing, bearing date the a3 day of 3-@ 1994, has
acknowledged the same before me in my County and State aforesaid.
Given under my hand this 23 day of 1994.
Nofary'Public
My Commission Expires: /991/
7
EXHIBIT "A"
INSURANCE OBLIGATIONS
A. T-he City's Insurance Obliizations.
The City shau maintain during the Term such comprehensive public liability insurance
in such amount as the City deems appropriate. The city may, at its sole discretion,
self-insure the risks of physical damage to the Property or use a combination of
insurance and self-insurance as the City deems appropriate.
B. T-he Guild's Insurance Oblipations.
The Guild shafl, at all times during the Tenn at its own cost and expense, carry
commercial general liability insurance on the Property with limits of not less than
$1,000,000-00 combined single limit. The Guild shall also carry "all-risk" casualty
insurance, written at replacement cost value and with replacement cost endorsement,
covering all the Guild's personal property in the Building (including, without limita6on,
fixtures, floor coverings, furniture, and other property removable by the Guild under the
provisions of the Lease ) and all Leasehold improvements installed in the Building by or on
behalf of the Guild and if, and to the extent permitted by law, worker's compensation or
simflar insurance.
All liability insurance policies shall name the City as an additional named insured and
shall be written by companies acceptable to the City and in form acceptable to the City.
Each such policy shall also contain a provision prohibiting cancellation without thirty (30)
days prior written notice to the City or its designee. Certificates of such insurance shall be
delivered to the City promptly after the issuance of the respective policies. If the Guild fails
to provide or maintain such liability insurance, the city may, but shall not be obligated to,
do so and collect the cost thereof as Additional Rent.
8
- 22 -
CONSENT AGENDA ITEM # 38129
UP- -olion by Myo,,
VI'lol-, @c@ndd by Councilman Clyburn, CitY Coun,il APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
@5T C()ASI'IIMOUSINE
LAAID YA(,'IIA'
A,L4S S-F'RVICf,,@
TOMS LIMO @,;ERVICE
Voting: 10-0
Council Members Vohng Aye:
John A. Baum, Linwood 0. Branch, III, jame, W. Brazier, Jr., Robert W.
Clyburn, Robert K Deam LOuis p, ioes, Paul J. Lanteigne, John D.
MOss, MaYor Meyera F Oberndorf and I,,ce Mayor William D. @5essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent,-
Nancy K Parker
June 28, 1994
23 -
-G.
CONSENT AGENDA ITEM # 38130
UP- -0 on by myo,, ,o
m, se,olldd by councibnan Clybu,@ City Cuncil @PTED:
Ordinance to authorle ta, ,funds in the amount of $1,952.50 upon
aPPlica6on of certain persons and upo, certification of the City
Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branc& III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Deam LOuis R. J()nes, Paul J. Lanteigne, Joh,, D.
MOSS, May- Meye- F. Oberndorf and Pice May- R'illiam D. 5essoms,
ir.
Council Members Voting Aray:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
6"13/ 4 I-M(
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Margaret J Twohy et al 94 RE(1/2) 119497-5 12/5/93 906.87
J Harold Jr & Son 94 RE(1/2) 49076-3 12/5/93 28.50
Frank J & Mary B Acela 94 RE(1/2) 284-4 12/5/93 159.80
Leslie W & Carolyn Smith 94 RE(2/2) 134036-8 5/10/94 363.97
Vilma E Smith 9,3 RE(1/2) 19715-4 11/20/92 90.75
Peggy E & William Amato Jr 94 RE(1/2) 2073-5 12/5/93 2.49
Peggy E & William Amato Jr 9"@ RE(1/2) 2054-9 12/5/92 2.38
Peggy E & William Amato Jr 93 RE(2/2) 2054-9 6/5/93 2.38
Peggy E & William Amato Jr 9@, RE(1/2) 2034-5 12/5/91 2.38
Peggy E & William Amato Jr 92, RE(2/2) 2034-5 6/5/92 2.38
Peggy E & William Arnato Jr 91 RE(1/2) 2092-5 12/5/90 2.26
Peggy E & William Amato Jr 91 RE(212) 2092-5 6/5/91 2.26
Talman Home Mortgage Corp 94 RE(1/2) 10746-5 11/23/93 35.87
Talman Home Mortgage Corp 93 RE(1/2) 10560-9 11/'24/92 34.29
talrnan Home Mortgage Corp 93 RE(2/2) 10560-9 5/ 29/93 34.29
Talman Home Mortgage Corp 92 RE(1/2) 10477-2 11/26/91 34.29
Talman Home Mortgage Corp 92 RE(2/2) 10477-2 6/5/92 34.29
Talman Home Mortgage Corp 91 RE(1/2) 10527-3 11/9/90 32.47
Talman Home Mortgage Corp 91 RE(212) 10527-3 5/14/91 32.47
Jerald B & Patricia Jones 93 RE(2/2) 59511-7 4/27/94 67 @ 62
Jerald B & Patricia Jones 94 RE(1/2) 60178- 7 4/27/94 4 1. 3 5
Jackie E Davis g-, pp 51330-1 2/18/94 39.14
Total 1,952.50
This ordinance shall be effective frorn date of adoption.
The above abatement(s) totaling ayment;
- $1, 952.50were approved by
the Council of the City of @irginia
Beach on the-28-day of June
rm
Ruth Hodges Smith
City Clerk
Le 1. L L ,-Y c@ly I
- 24 -
te- III-G.10
CONSENT AGENDA ITEM # 38131
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance to authorize a special tax refund in the amount of $13.06
upon application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louiy R. Jones, Paul J. Ianteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Vice Mayor Wzlliam D. Sessoms,
ir.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K Parker
June 28, 1994
AN ORDFNANCE AUTHORIZING @P@CIAL TAX PEFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME TAX Date
Year Paid Base Penalty Total
Mrs. Leonette Adler
3Q65 ocean Hills Ct.
Virginia Beach, VA 23451 1994 4/20/94 ---- ---- $13.06
Certified as to Payment
bert P Vaughan
-ommiss;cner of the Revenue
AQProved as to form
This ordinance shail be effe,-tive from date O' @@,ty Attorney
adoption.
The above abatement(s) totaiing 1 3 . 0 6
were approvec by the -louncii
of the City of Virginia Beach on the 28 @@ay of lune 19 94
Ruth Hodges Smith
City Clerk
- 25 -
I-G.11
CONSENT AGENDA ITEM # 38132
UPon -otion by Vice Mayor Vessoms, seconded by Councilman Clybu-, City Council ADOPTED:
Ordinance to authorize license refunds in the amount of $74,319.76 upon
application of certain persons and upo,, ertification of the Commissioner
of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. BrancA III, James W Brazier, Jr., Robert W.
Clyburp; Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Vzce Mayor William D. 5essoms,
ir.
Council Members Voting Nay:
None
Council Members Absent.-
Nancy K Parker
June 28, 1994
so @ a REV aft
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONEF3
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Busch Inc. 11,91-94 1991-94 7 174.59 70,474.51)
516 Viking Drive
Vir,ginia Beach, VA 23452
Certified as to Payment@
Commissioner of the Revenue
Approved as tc) form
Leslie L L:tliey
City Attc)rney
This ordinance shall be efiective from date of
adoption.
The above abatement(s) totaling $7,@,474.59 were apprc)ved b@, the Counci
Juiie 04
of the City of Virginia Beach on the day of
Ruth Hodges Smith
City Clerk
,OR. .0 cl-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Barbee, Wallace D. l 902 Audit 98.65
T/A Raindoctor
5216 Balboa Drive
virginia Beach, VA 23464
Bevelheimer, David L. 199-1-I)i Audit 28.56
T/A East Coast Cleaning
4853 Tunlaw Court
virginia Beach, VA 23462
Bohanon, Raymond A. 199@ Audit 3 .@5 38.25
T/A The Bass Connection
2009 Idlywood Court
Virginia Beach, VA 23456
Certitieo as to Payment!
Commissioner of the Revenue
Approved as to form
L.sl,e L @,lley
C@ty Attorney
This ordinance shall be effective trom dale oi
adoption.
The above abatement(s) totaling $165.46 were approved bv the Council
June 94
day of li9
of the City of Virginia Beach on the
Rutr) Hodges Smith
City Clerk L
@OA- -0 C .. 8 REI
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BEITORDAINEDBYTHECOUNCILOFTHECITY FVIRGINIABEACH.VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Totai
Year Paid
Boone, Ronald W. 199 3/15/94 112. 0
809 East ocean View Avenue
Norfolk, VA 23503
Brianza G P Co. 1992-)i Audit 279.(Jl 279.01
T/A Pizza Chef Gourmet Pizza
P.O. Box 1843
Chesterfield, VA 23832
Carey, Todd M. 1991-)@ Audit 11(),90 170.90
T/A Indian River Auto Sales
1109 S. Battlefield Blvd.
Chesapeake, VA 23320
Ce,tifiea as to Payment:
@erl P Vaughin
-@mm ss oner of the Revenue
ApDrovea as to form
L
L@,e@ L,Iley
Citv Attornev
This ordinance shall be effective from cate of
adoption.
The above abatement(s) totaling 1561 @l were approve(! by tle --@Dunc
of the City of Virginia Beach on the -ay f June 'a 94
Ruth Hodges Smith
C@ty Cierk