HomeMy WebLinkAboutDECEMBER 14, 1993 MINUTES
-
City- CJE' Virgi~iEl. I3CElCn
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS JR, At Large
JOHN 4. BAUM, Blackwater Borough
LINWOOD 0 BRANCH /ll, VirgInia Beach Borough
JAMES W BRAZIER, JR, Lvnnhaven &rough
ROBERT W CLYBURN, KempsvIlle &rough
ROBERT K DEAN, Pn"cess Anne Borough
LOUIS R JONES, BaYSlde Borough
PAUL J LANTEIGNE, Pungo Borough
JOHN J) MOSS At Large
NANCY K PARKER, At Large
JA\ŒS K SPORE, CIty Manager
LE~LIE L LIUEY, CIty Attorney
RUTH HODGES SMITH, CMC ! AAE, CIty Clerk
CITY COUNCIL AGENDA
2XI (In HALL BUILDI-\!(,
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VIR('¡NI4. BE4( H VIR(,INIA 2345h 'itl(!'i
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DECEMBER 14, 1993
I.
CITY MANAGERIS BRIEFINGS
- Council Chamber -
11 :30 AM
A.
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993
Patricia A. Phillips, Director of Finance
B.
WATER/SEWER REVENUE AND REFUNDING BONDS PRICING RESULTS
Patricia A. Phillips, Director of Finance
II.
INFORMAL SESSION
- Council Chamber -
12: NOON
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUllVE SESSION
III.
FORMAL SESSION
- Council Chamber -
2:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCA llON:
Reverend Edward S. Martin, Jr.
Sandbridge Beach United Methodist Church
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTlFlCAllON OF EXECUTIVE SESSION
F.
MINUTES
1.
INFORMAL & FORMAL SESSIONS
- December 7, 1993
G.
H.
I.
PUBUC HEARING
1.
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
a.
The Founders Village, Inc.
RESOLUTION/OR DI NANCE
1.
Resolution supporting legislation at the 1994 General Assembly Session to designate real
and personal property owned by The Founders Village, Inc. as being exempt from State
and Local Real and Personal Property Taxation.
2.
Ordinance authorizing the City Manager to finalize a lease and invite bids for a thirty (30)-
year lease of a parcel of City-owned property containing approximately 185 acres
re construction, maintenance and operation of an eighteen (18)-hole public golf facility,
plus related amenities (PRINCESS ANNE BOROUGH).
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1.
Ordinance authorizing acquisition of property in fee simple for right-of-way for
Indian Lakes Boulevard, Phase I Extension Project (CIP 2-019) and the acquisition of
temporary and permanent easements of right-of-way, either by agreement or
condem nation.
2.
Ordinance declaring a twenty-five (25)-foot wide strip of land adjacent to 2221 West
Berrie Circle (Berrie Gardens) as EXCESS PROPERTY in the application of
Carolyn Parker; and, authorizing the City Manager to dispose of same
(BA YSIDE BOROUGH).
3.
Ordinance to ACCEPT and APPROPRIATE $281,575 from the Virginia Housing
Partnership Fund1s Indoor Plumbing/Rehabilitation Program to the Department of Housing
and Neighborhood Preservation re housing rehabilitation or reconstruction and that
revenues be increased accordingly.
4.
Ordinance to ACCEPT and APPROPRIATE $177,821 from the federal government to the
Department of Mental Health, Mental Retardation and Substance Abuse re substance
abuse treatment/prevention and additional infant stimulation services.
5.
Ordinance to ACCEPT and APPROPRIATE $116,232 for Section 8 rental payments and
administrative fees from the United States Department of Housing and Urban
Development (HUD) re Section 8 Rental Assistance Program and that revenues be
increased accordingly.
6.
Ordinance to TRANSFER $263,000 within the HOME Program Fund to Virginia Beach
HOME, Inc. re housing for low income persons.
J.
7.
Ordinance to AMEND the 1993-1994 Community Development Block Grant (CDBG)
Final Statement of Objectives; TRANSFER $10,000 from the CDBG Special Revenue
Fund; and, authorize the City Manager use the funds re repair of the Judeo-Christian
Outreach Shelter.
8.
Ordinance authorizing License Refunds in the amount of $10,417.05.
PUBUC HEARING
1 .
PLANNING
a.
Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance. closure
~ of a portion of ~ beginning at the Eastern
boundary of Constitution Drive and running in an Easterly direction a distance of
650 feet, being 50 feet in width and containing 33,854 square feet (BA YSIDE
BOROUGH) .
Deferred Indefinitely:
Deferred for Compliance:
Additional Deferral:
July 9, 1990
December 15, 1992
June 22, 1993
Recommendation:
ADDITIONAL 180 DAY DEFERRAL
b.
Application for VWAIN YOUNG for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires that aI/lots created by Subdivision meet all requirements
of the Subdivision Ordinance of the City Zoning Ordinance, on the North side of
Owl's Creek Lane, 406.46 feet East of South Birdneck Road (L YNNHA VEN
BOROUGH) .
Recommendation:
APPROVAL
c.
Application of TIDEWATER EVANGEUCAL FREE CHURCH for a Condillonal Use
permit for a c urch ex ns'on on the Northeast side of Euclid Road, Southeast
of Northern & Southern Railroad (4966 Euclid Road, Suite 107), containing 1.477
acres (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
d.
Application of MONTE JOE BIGELOW for a C . i I U er' for a home
cc ti n taxiderm at the Southeast intersection of Blackwater Road and
Hungarian Road (5704 Blackwater Road), containing 1 acre (BLACKWATER
BOROUGH) .
Recommendation:
APPROVAL
e.
Application of TUNE UP PLUS for a Cond.i1iQngJ Use permit for an automobllg
~r and service establis.l1ment at the Northwest corner of Virginia Beach
Boulevard and Witchduck Road, containing 16,200 square feet (BA YSIDE
BOROUGH) .
Recommendation:
APPROVAL
1.
Application of U-HAUL INTERNATIONAL, INC. for a CondjtjQ[mJ Use Permit for
a f a ci i at the Northwest corner of Virginia Beach Boulevard and
Lavender Lane (4950 Virginia Beach Boulevard), containing 2.3485 acres
(BAYS IDE BOROUGH).
Recommendation:
APPROVAL
Application of KELLAM-GERWITZ, Agent for London Mews for a Change of
i i ict CI ssification from -.5 e iden ial i 'c to B-2 Commun~
~ on the East side of Great Neck Road beginning at a point 144.28
feet South of Rustwood Lane, containing 7,927.92 square feet (L YNNHAVEN
BOROUGH) .
g.
Recommendation:
h.
APPROVAL
Application of CHURCH OF THE REDEEMER for a on itional Use Permit for a
~ on the South side of Shipps Corner Road, 1300 feet more or less East of
Holland Road (3101 Shipps Corner Road), containing 12.39 acres (PRINCESS
ANNE BOROUGH).
Recommendation;
i.
DENIAL
Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER
COUNTRY CLUB ESTATES, LP. for n I ifi s
(PRINCESS ANNE BOROUGH):
(1 )
From
63.3 acres:
is rict, containing
~
~
~
~
~
(2)
From
117.1 acres:
0
~
~
~
~
Parcel 5:
~
EarœlL
Deferred:
Recommendation:
i trict to R- 0 Residential
650 feet North of Indian River Road beginning at a point
600 feet more or less West of West Neck Road.
1400 feet North of Indian River Road beginning at a point
1200 feet more or less West of West Neck Road.
1000 feet North of Indian River Road beginning at a point
2100 feet more or less West of West Neck Road.
600 feet North of Indian River Road beginning at a point
2800 feet more or less West of West Neck Road.
1360 feet North of Indian River Road beginning at a point
5050 feet more or less West of West Neck Road.
Northwest intersection of Indian River Road and West Neck
Road.
1200 feet North of Indian River Road beginning at a point
1650 feet more or less West of West Neck Road.
2880 feet more or less West of the intersection of Indian
River Road and West Neck Road.
680 feet North of Indian River Road beginning at a point
2750 feet more or less West of West Neck Road.
2400 feet more or less North of Indian River Road
beginning at a point 3400 feet more or less West of West
Neck Road.
1250 feet North of Indian River Road beginning at a point
3800 feet more or less West of West Neck Road.
1350 feet North of Indian River Road beginning at a point
5320 feet West of West Neck Road.
September 14, 1993 and October 12, 1993
APPROVE ALL APPLICATIONS
j.
Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY
CLUB ESTATES, LP., ROBERT F. RIPLEY and THOMAS VANCE
(PRINCESS ANNE BOROUGH):
(1 )
Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots
created by subdivision must meet all requirements of the City Zoning
Ordinance at the Northwest intersection of Indian River Road and West
Neck Road.
(2)
~
North side of Indian River Road beginning at a point 2300
feet more or less West of West Neck Road.
~
1700 feet North of Indian River Road beginning at a point
1150 feet more or less West of West Neck Road.
~
North side of Indian River Road beginning at a point 5800
feet more or less West of West Neck Road.
(3)
i' I e Permit for an Open-Space promo\iQn at the Northwest
intersection of Indian River Road and West Neck Road, containing 279.2
acres.
Deferred:
September 14, 1993 and October 12, 1993
Recommendation:
APPROVE ALL APPLICATIONS
K.
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HISTORICAL REVIEW BOARD
Resignation
PLANNING COMMISSION
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP)
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
VIRGINIA BEACH FOUNDATION, INC.
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
1.
COUNCIL-SPONSORED ITEMS:
a.
Resolution requesting the General Assembly enact legislation requiring the
Commonwealth Transportation Board and the Virginia Department of
Transportation (VDOT) exclude self-supporting toll roads from the State Noise
Abatement Pol icy.
(Sponsored by Mayor Meyera E. Oberndorf)
b.
Ordinance authorizing and directing the City Manager adjust the term of the Citys
Agreement with Virginia Beach Events Unlimited, Inc.; develop and issue a
Request for Proposal (RFP) re entertainment/events program in the
Resort Area; establish a Committee to review the proposals submitted in
response to the RFP and make recommendation for the selection of a contractor
for the Program.
(Sponsored by Councilman Linwood O. Branch III)
c.
Ordinance to AMEND and REORDAIN Ordinance No. 93-22221 re establish
alternative personal property tax levy rate for one (1) motor vehicle owned by
a qualified elderly or disabled person.
(Sponsored by Councilman Paul J. Lanteigne)
d.
Ordinance authorizing the City Manager convey to the Commonwealth of Virginia
all right, title and interest of the City of Virginia Beach to property in the
Sandbridge area subject to agreement by the Commonwealth to become the
exclusive local sponsor re cost-shared federal beach nourishment or hurricane
protection project for the Sandbridge area.
(Sponsored by Councilman Paul J. Lanteigne)
N.
ADJOURNMENT
12/06/93/m 1m
AGENDA\ 12-14-93.PLN
*************
COUNCIL SESSIONS CANCELED
December 28, 1993
*************
CITY COUNCIL WORKSHOP
SOUTHERN RURAL PRESERVATION AREA
Pavilion Conference Room
January 8, 1994 9:00 AM
*************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 14, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER 'S BRIEFINGS to the VIRGINIA
BEACH CITY COUNCIL m the Council Chamber, City Hall Building, on Tuesday, December 14, 1993,
at 11:30 A.M
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R
Jones, Mayor Meyera E Oberndorf, Nancy K Parker and VIce Mayor
William D. Sessoms, Jr.
Council Members Absent.
Robert K Dean
[ATTENDING ENVIRONMENTAL ZONE
MEETING IN RICHMOND]
James W. Brazier, Jr.
[ENTERED. EXECUTIVE SESSION]
Paul J. Lanteigne
[ENTERED. EXECUTIVE SESSION]
John D Moss
[ENTERED' EXECUTIVE SESSION]
-2-
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993
11:30 AM.
ITEM # 37488
Patricia A. Phillips, Director of Finance, advised the firm of KPMG Peat Marwick completed the audit
of the City's financial records for the year ending June 30, 1993. Once again, the City has received an
unqualified opinion (clean opinion) on its financial presentation and record keeping. WIth the completion
of the audit, it is now time to present the City's Comprehensive Annual Financial Report (CAFR) to City
Council. During the 1993 Session, the General Assembly passed House Bill 133O, which is effective July
1,1993, and amends Sections 15.1-163 and 15.1-167 of the Code ofVlrgmia. This House Bill requires
that local governments shall have all their accounts and records, including all accounts and records of
their constitutional officers audited annually by an independent certlfied public accountant. Furthermore,
the certified public accountant is required to present a detailed written report (the CAFR) to the local
governing body at a public session by the following December Thirty-First. Coples of this 1993 CAFR
were distributed to Members of City Council.
Patricia Phillips introduced representatives from the City's Auditors:
Gary Strick/aden
Managing Partner - KPMG Peat Marwick
Susan Reed
Senior Manager - KPMG Peat Marwick
Robert Hayes
Comptroller
Don Barnett
Deputy Comptroller
Mrs. Phillips depicted through the utilization of slides: All Government Funds and Account Groups:
Governmental Fund Types
General Fund
Special Revenue Funds
Debt Service Fund
Capital Projects Funds
Proprietary Fund Types
Enterprise Funds
Internal Service Funds
Fiduciary Fund Type
Trust and Agency Funds
Account Groups
General Fixed Assets
General Long - Term Debt
December 14, 1993
-3-
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993
ITEM # 37488 (Continued)
SUMMARY OF CHANGES IN UNDESIGNATED FUND BALANCE
Undesignated Fund Balance at June 30, 1992 $ 48.3
Revenues $ 451.9
Expenditures:
Current $ 205.8
Transfers Out 230.6 < 436.4>
Decrease in Reserves .3
Loan to VBDA, Net of Repayment < 5.3>
Increase in Fund Balance ~
Undesignated Fund Balance at June 30, 1993 $ 58.8
WATER AND SEWER ENTERPRISE FUND
COMPARATIVE STATEMENT OF REVENUES, EXPENSES & CHANGES
IN RETAINED EARNINGS
FOR THE YEAR ENDED JUNE 30, 1993, WITH COMPARATIVE TOTALS FOR JUNE 30, 1992
1993 1992
OPERATING REVENUES $ 58,990, 490 $ 56,760,230
OPERATING EXPENSES $ 42.735.469 $ 41.991.549
OPERATING INCOME $ 16,255,021 $ 14,768,681
NONOPERATING REVENUES (EXPENSES) $ 298. 728 $ 77.631
INCOME (LOSS) BEFORE EXTRAORDINARY ITEM $ 16,553,749 $ 14,846,312
Extraordinary Item - Loss on Advance Refunding (847.769). (453. 677!
NET INCOME $ 15,705,980 $ 14,392,635
Add: Transfer of Depreciation to Continued Capital 4.516.913 4.427.361
Accounts
INCREASE IN RETAINED EARNINGS $ 20,222,893 $ 18,819,996
RETAINED EARNINGS - JULY 1 106.252.377 87.432.381
RETAINED EARNINGS - JUNE 30 $126.475.27Q ~06.252.377
Mrs. Phillips displayed graphs depicting Expenditures by Major Function for 1993 and General Fund
Balance Compared to Total Fund Revenues for the Years 1984 through 1993. The largest single
expenditure item is 53.10/0 for Education.
December 14, 1993
-4-
CITY MANAGER'S BRIEFINGS
COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993
ITEM # 37488 (Continued)
COMBINED BAlANCE SHEET - ASSETS - ALL FUND TYPES AND ACCOUNT GROUPS
JUNE 30,1993
with comparative totals for the year ended June 30, 1992
1993 1992
Cash and Investments $ 356,732,560 $ 338,724,076
Receivables (net of allowance for un collectables) 43,786,361 39, 703,229
Due from Other Funds & Governments 18,949,877 37,284,730
Other 30,235,113 30,024,399
Fixed Assets - net of accumulated 1,456,162,083 1,336,649,049
depreciation/amortization & Construction in Progress
Amount to be Provided for Retirement of General Long - 472.953.960 413.371.41Q
Term Debt
TOTAL ASSETS $2.378.819.954 ~95. 756.899
SCHEDULE OF GENERAL FIXED ASSETS
FOR THE YEARS ENDING JUNE 30, 1993 AND JUNE 30, 1992
1993 1992
Land $ 25,397, 746 $ 24,965,746
Buildings 322,516,161 310,225,042
Improvements other than Buildings 26,376,231 22,977, 631
Highway Improvements 138,881,424 129,790,132
Equipment 135,202,227 123,525,516
Assets Under Capital Leases 1,618,341 1,602,695
Construction in Progress 451.598.519 379.084.534
Total General Fixed Assets UJJ}j. 59(~þ49 $ 992.171.296
Charts depicting Real Estate Tax Revenue, Property Tax Base, Business Licenses Revenue, Hotel Room
and Meal Tax Revenue, Restaurant Meal Tax Revenue and General Sales Tax Revenue were also
displayed.
General Obligation Bonds $ 528,924,390
Less General Obligation Bonds to be paid from Water and Sewer 72.085.000
Enterprise Fund Revenues
Net Direct Tax Supported Debt $ 456.839.39Q,
December 14, 1993
-5-
CITY MANAGER'S BRIEFINGS
WATER/SEWER REVENUE AND REFUNDING BOND PRICING RESULTS
ITEM # 37489
11:55 A.M.
Patricia A. Phillips, Director of Finance, advised relative the Water/Sewer Revenue and Refunding Bond
Pricing Results:
New Money
Refunding
$ 16,575,000
$ 29,865,000
TO TAL SALE
~
Gross Savings
Net Present Value Savings
PercentDge of Refunded Amount
True Interest Cost
$ 2,060,271
$ 1,485,531
5.6 %
5.13%
December 14, 1993
-6-
ITEM # 37490
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 14, 1993, at 12:00 NOON
Council Members Present:
John A. Baum, Linwood o. Branch, III, Robert W Clyburn, LoUIS R.
Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vzee Mayor
WIlliam D. Sessoms, Jr.
Council Members Absent:
James W. Brazier, Jr., Robert K Dean, Paul J. Lanteigne and John D.
Moss
December 14, 1993
-7-
ITEM # 37491
Mayor Meyera E. Obemdorf entertained a motion to permit City Council to conduct ItS EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of VIrginia, as amended, for the followIng purpose.
. Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to SectIOn
2.1-344 (A) (1).
To- WIt: Appointments - Boards and CommiSSIOns
Francis Land House Board of Governors
Historical Revlew Board
Parks and Recreation CommissIOn
Planning Commission
Southeastern VIrginia Areawide Model Program
VIrginia Beach Community Development Corporation
Vlrginza Beach Foundatzon, Inc.
: D,scusszon or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to SectIOn 21-344(A)(3).
To- WIt: Acquisition of Real Property.
Lynnhaven Borough
Vlrginza Beach Borough
Southeastern Expressway
~: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaIning to actual or probable
litigation, or other specific legal matters requestzng the prOVlszons of
legal advice by counsel pursuant to Section 21-344(A)(7).
To- WIt: Churchill Downs
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into
EXECUTIVE SESSION.
Voting:
7-0
Council Members Voting Aye:
John A. Baum, Lznwood O. Branch, Ill, Robert W. Clyburn, LoUls R
Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent.
James W. Brazier, Jr, Robert K Dean, Paul J. Lanteigne and John D.
Moss
December 14, 1993
-8-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
December 14, 1993
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday. December 14, 1993. at 2 00 P.M
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lantezgne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIllzam D
Sessoms, Jr.
Council Members Absent:
Robert K Dean
[ATTENDING ENVIRONMENTAL ZONE MEETING
IN RICHMOND]
INVOCATION:
Reverend Edward S. Martin, Jr.
Sandbridge Beach UnIted Methodist Church
TES OF
December 14, 1993
-9-
~
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37492
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by VIrginia law were discussed in Executive Session to
which this certification resolutzon applies;
AND,
Only such public business matters as were Identified In the motion
convening the Executive Session were heard, discussed or considered by
VIrginia Beach City Council.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
Iltønlutinu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 37491, Page No.7, 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 certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each memberls knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
~L~../~-
R th Hodges S~th, CMC/AAE
City Clerk
December 14, 1993
- 10 -
I1J:m.Jl1=.E.L.
MINUTES
ITEM # 37493
Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of December 7, 1993
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 11 -
l1J:nL.lIl::..ß
PUBUC HEARING
ITEM # 37494
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
The Founders Village, Inc.
The following registered to speak in SUPPORT of the Resolution.
Attorney VInce Mastracco, 700 Pavilion Center, Phone 624-3213, represented the applicant
John W. Chappell, 700 CBN Center, Phone: 523-7861, President of The Founders VIllage, Inc.
The following registered in OPPOSITION to the Resolution:
Pasquale Cruciano, 5408 Compton Circle, Phone. 523 -1363
John Waters, 1461 Kempsville Road, Phone. 467-3282
Harry Ruiz, read the statement of Colonel Robert Engesser mto the record.
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
December 14, 1993
- 12 -
~
RESOLUTION/ORDINANCE
ITEM # 37495
A motion was made by VIce Mayor Sessoms, seconded by Counczlman Clyburn, to ADOPT.
Resolution supporting legislation at the 1994 General Assembly Session
to designate real and personal property owned by The Founders Vdlage,
Inc. as being exempt from State and Local Real and Personal Property
Taxation.
Voting:
5-5 (MOTION FAILED DUE TO A TIE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul
J. Lanteigne, and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Louis R. Jones, Mayor Meyera E Oberndorf, John D.
Moss and Nancy K Parker
Council Members Absent:
Robert K Dean
December 14, 1993
- 13 -
~
RES OL UTI 0 NIO RDINANCE
ITEM # 37496
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION.
A motion was made by Councilman Moss, seconded by Council Lady Parker to DEFER until the City
Council Session of January 4, 1994, Ordinance authorizmg the City Manager to finalize a lease and mvlte
bids for a thirty (30)-year lease of a parcel of City-owned property contammg approximately 185 acres
re construction, maintenance and operation of an eighteen {18)-hole public golf facility, plus related
amenities (PRINCESS ANNE BOROUGH).
Upon SUBSTITUTE MOTION by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Counczl
ADOPTED, AS AMENDED:
Ordinance authorizing the City Manager to fillahze a l~ase and invite
bids for a thirty (30)-year lease of a parcel of City-owned property
containing approximately 185 acres re constructiOn, mamtenance and
operation of an eighteen {18)-hole public golf facility, plus related
amenities (PRINCESS ANNE BOROUGH).
*The following verbiage shall be deleted on lmes 30 and 31 after the
word "authorized":
"..and directed to finalize a lease and.. "
The word "to" shall be added on lme 31 before the words "invlte bids"
The correct verbiage shall be'
"That the City Manager or his designee is hereby authorized ami
db ected to finalize a lease and lQ invite bids for a 3 -year lease of the
Property for construction, maintenance and operations of an 18 -hold
public golf facility, plus related amenities, in accordance with the
provision of Section 15.1-307, et seq., Code of VIrginia, 1950, as
amended, and existing City regulations and procedures. "
City Council shall have final approval.
Voting:
7-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay'
John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
Robert K Dean
December 14, 1993
10
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S
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO INVITE BIDS FOR THE LEASE
OF A PARCEL OF CITY OWNED PROPERTY
CONTAINING APPROXIMATELY lS5 ACRES
IN THE PRINCESS ANNE BOROUGH, FOR
CONSTRUCTION, MAINTENANCE AND
OPERATION OF AN lS-HOLE PUBLIC GOLF
FACILITY, PLUS RELATED AMENITIES.
9
the City of Virginia Beach owns approximately lS5
WHEREAS,
acres of property adjacent to Seaboard Road in the Princess Anne
Borough; and
WHEREAS, the City desires to lease the property for an lS-hole
public golf facility, plus related amenities.
The term of the
lease shall be for a period of thirty (30) years, with an option to
renew for an additional ten (10) years, subject to renegotiation of
rental payments; and
WHEREAS, the Leased Property shall be used for construction
and operation of a Championship caliber, regulation length lS-hole
golf course including clubhouse, maintenance facilities and other
amenities, built to industry standards and open to the general
public during the full term of the lease; and
WHEREAS, the successful bidder shall be required to provide
private ~inancing for the capital improvements; and
WHEREAS, Section 15.1-307 of the Code of Virginia requires the
City, after due advertisement, to receive bids publicly for any
proposed lease of City owned property for a period in excess of
five years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager or his designee is hereby authorized to
invite bids for a 30-year lease of the Property for construction,
maintenance and operations of an lS-hole public golf facility, plus
related amenities, in accordance with the provisions of Section
15.1-307, et seg., Code of Virginia, 1950, as amended, and existing
City regulations and procedures.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
14
, 1993.
day of December
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PROPOSED
1
2
3
4
5
6
7
8
AN ORDINANCE GRANTING A THIRTY (30) YEAR LEASE WITH A TEN
(10) YEAR RENEWAL OPTION TO ("GRANTEE") FOR
THE LEASE OF APPROXIMATELY 185 ACRES OF CITY-OWNED
PROPERTY IN THE PRINCESS ANNE BOROUGH FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF AN EIGHTEEN
(18) HOLE PUBLIC GOLF FACILITY PLUS RELATED AMENITIES, AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO
A LEASE AGREEMENT WITH THE GRANTEE.
9
WHEREAS, the City of Virginia Beach owns property adjacent to Seaboard Road in the
Princess Anne Borough containing approximately 283 acres as more particularly described on the plat
entitled "PLAT TO ACCOMPANY LEASE SHOWING PROPERTY TO BE LEASED TO
"
,
dated
, prepared by
, which is attached hereto as Exhibit A
(hereinafter referred to as the "Property"); and
WHEREAS, by Ordinance adopted on the 14th day of December 1993, City Council
authorized and directed the City Manager or his designee to Invite bids for a thirty (30) year lease, with
a ten (10) year renewal option, of approximately 185 acres of the Property for the construction,
maintenance and operation of an eighteen (18) hole public golf facility plus related amenities; and
WHEREAS, pursuant to that Ordinance, the City Manager caused an invitation to bid to
be advertised in accordance with the provisions of § 15.1-307 et seq. of the Code of Virginia (1950), as
amended; and
WHEREAS, the bid deemed to be in the City's best Interest was submitted by
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that a thirty (30) year lease with a ten (10) year renewal option is hereby granted to
("Grantee") for the lease of the Property and that the City Manager is hereby
authorized and directed to enter into a lease agreement with the Grantee.
,
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of
,1994.
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- 14 -
~
RESOLUTION/ORDINANCE
ITEM # 37497
Upon motion by Councilman Jones, seconded by Councilman Moss, City CounciL AGREED TO ADD TO
THE AGENDA:
Resolution to AMEND August 1, 1993, Resolution; and, authorize the
City Manager to enter into an Agreement which amends the prior
Agreement between the City and Churchill Downs, Inc.
AN D,
Resolution to AMEND August 24, 1993, ResolutIOn requesting Sports
Authority of Hampton Roads assist In financIng a racing facility in
VIrginia Beach.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W.
Clyburn, Louis R Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIllzam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14. 1993
- 15 -
~
RESOLUTION/ORDINANCE
ITEM # 37498
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED:
Resolution to AMEND August 1, 1993, Resolutzon; and, authorize the
City Manager to enter into an Agreement which amends the prior
Agreement between the City and Churchill Downs, Inc.
AND,
Resolution to AMEND August 24, 1993, Resolution requesting Sports
Authority of Hampton Roads assist in financing a racing facility in
VIrginia Beach.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W
Clyburn, Louis R. Jones, Paul J Lan tezgn e, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
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1
2
3
4
5
6
A RESOLUTION TO AMEND RESOLUTION
R93-02226 AND TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WHICH AMENDS THE PRIOR AGREEMENT
BETWEEN THE CITY AND CHURCHILL
DOWNS, INCORPORATED
7
WHEREAS, pursuant to an Agreement dated August 1, 1993,
8
the City and Churchill Downs, Incorporated (Churchill) made certain
9
promises to each other concerning the proposed construction of a
horse racing facility in the city; and
WHEREAS,
events occurring since the executi on of the
Agreement have required an amendment of the agreement; and
WHEREAS,
the
City
Council
agrees
to
the
proposed
amendments and further agrees to amend Resolution R93-02226 which
is incorporated by reference in the Agreement.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT:
1.
The City Manager is hereby authorized to execute an
agreement to amend the August 1, 1993 Agreement between the City
and Churchill Downs, Incorporated as follows:
a) Paragraph 2 a. (page 3) Churchill's investment shall be
approximately $45,000,000 instead of $50,000,000 in Phase I.
Phase
II investment is to be approximately $5,000,000.
The facilities
shall
contain
facilities
the
on-site
betting
off-tract
at
completion
period
and
During
design
Phase
the
of
of
II.
construction of the facilities, Churchill Downs will operate six
(6) off-track betting facilities throughout the State.
During the
period of design and construction of the facilities, the cumulative
total operating days for all off-track betting facilities, divided
by six (6), shall produce an average of at least one (1) year of
operation for each off-track betting facility.
A temporary off-site betting facility shall be located and
operated
in
city
of
Virginia
during
this
period.
Beach
the
operation of such temporary facility shall not extend past the
completion of Phase II construction or three (3) years, whichever
is later.
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b) Add to paragraph 2 f. (page 4) at the end:
Such revenues
for purposes of this paragraph shall accumulate from the first day
of the opening of live racing in Virginia Beach.
c) New paragraph 2 g. (page 5) - Additional City Reserve
Each year, for the first four years of the operation of the
race track,
Churchill Downs agrees to set aside $250,000 in a
separate escrow account.
Such account shall be limited to a total
of $1,000,000.
After such amount is reached, Churchill Downs will
have no further obligation to fund the reserve and all interest
earnings on the $1,000,000 shall accrue to Churchill Downs.
The
funds in the escrow shall be available exclusively to the City of
Virginia Beach for its use in the event of potential default on the
senior debt.
The escrow funds,
if not utilized prior to the
retirement of the senior debt,
are available to the City for
retirement of Sports Authority of Hampton Roads debt or other
lawful purposes.
c)
Paragraph 3 m.
the City I s obI igation to
(page 9)
restore debt service reserve funds shall not exceed $1,950,000 per
annum instead of $2,250,000.
d)
Paragraph 4 g.
this Resolution amending
(page 12)
Resolution R93-02226 (adopted July 6,1993) shall be referenced in
the amended agreement.
BE
IT
RESOLVED
RESOLUTION
R-93-02226,
THAT
FURTHER
ADOPTED JULY 6, 1993 IS HEREBY AMENDED AS FOLLOWS:
Lines 92 and 93 are changed to read Fifteen Million Five
Hundred Thousand Dollars ($15,500,000) instead of Seventeen Million
Eight Hundred Thousand Dollars ($17,800,000).
Lines 100 and 101 are changed to read One Million Nine
Hundred Fifty Thousand Dollars ($1,950,000) instead of Two Million
Two Hundred Fifty Thousand Dollars ($2,250,000).
Adopted by the Council of the City of Virginia Beach,
14 December
Virginia, on the day of , 1993.
CA-5403
ORDIN\NONCODE\
R-1
R-2
PREPARED: 12/13/93
12/14/93
2
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A RESOLUTION TO AMEND RESOLUTION
R93-02235 WHICH REQUESTS THE SPORTS
AUTHORITY OF HAMPTON ROADS TO ASSIST
IN THE FINANCING OF A HORSE RACING
FACILITY IN THE CITY OF VIRGINIA
BEACH
7
WHEREAS, by Resolution R93-02235, adopted by the City
8
Council of the City of Virginia Beach on August 24,
1993, the
9
Council requested the Sports Authority of Hampton Roads to assist
in the financing of a horse racing facility to be constructed in
the City of Virginia Beach: and
WHEREAS,
events occurring since the adoption of the
Resolution have resulted in a need to amend the Resolution.
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Resolution R93-02235 which requests the Sports
Authority of Hampton Roads to assist in the financing of a horse
racing facility in the City of Virginia Beach is hereby amended as
follows:
Line
substitute
$15,500,000
(page
one)
36
for
$17,800,000.
Adopted
Council
Beach,
City
of Virginia
by
the
the
of
Virginia, on the
14
December
, 1993.
day of
CA-5404
ORDIN\NONCODE\CA54 04
R-2
PREPARED: 12/13/93
12/14/93
- 16 -
~
RESOLUTION/ORDINANCE
ITEM # 37499
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council AGREED TO ADD
TO THE AGENDA:
Resolution requesting the General Assembly enact enabling legislation re
aircraft noise attenuation features in buildings and structures affected by
flight operations at Oceana Master Jet Base.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 17-
~
RES OL UTI 0 NI ORDINANCE
ITEM # 37500
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, CIty Council ADOPTED:
Resolution requesting the General Assembly enact enabling legislation re
aircraft noise attenuation features in buildings and structures affected by
flight operations at Oceana Master Jet Base.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WillIam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
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Requested by Mayor Meyera E. Oberndorf
and Councilmember James W. Brazier, Jr.
1
2
3
4
5
RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO
ENACT ENABLING LEGISLATION PERTAINING TO
AIRCRAFT NOISE ATTENUATION FEATURES IN
BUILDINGS AND STRUCTURES AFFECTED BY FLIGHT
OPERATIONS AT OCEANA MASTER JET BASE.
6
WHEREAS,
Oceana Master Jet Base is one of the Navy's
7
prime master jet bases in the largest city in the Commonwealth of
8
Virginia; and
9
WHEREAS, Oceana Master Jet Base is one of the linchpins
of the economy of the city of Virginia Beach in that it provides
11,500 jobs and has direct expenditures in the City of Virginia
Beach of over 450 million dollars per year; and
WHEREAS,
the
is
future
of
Jet
Master
Oceana
Base
uncertain due to the Base Realignment and Closure Commission
process of 1995; and
WHEREAS, the City Council wishes to proactively pursue
any and all measures necessary to enhance the viability of Oceana
Master Jet Base; and
WHEREAS, notwithstanding the proactive measures already
taken in providing buffer areas around Oceana Master Jet Base
through the Comprehensive Plan and the purchase of easements, the
provision of noise attenuation measures in buildings and structures
affected by "THE SOUND OF FREEDOM" noise emanating from flight
operations
at Oceana Master Jet Base may be a
factor
to be
considered by the Base Realignment and Closure Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That during its 1994 session, the General Assembly is
hereby respectfully requested to enact appropriate legislation, in
substantially the same form as the proposed legislation attached
hereto, conferring upon the City of virginia Beach the authority to
adopt reasonable regulations relating to the provision of noise
attenuation measures
in
buildings
or
portions
and
structures
thereof to be constructed in areas affected by above average noise
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39
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41
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43
-
levels from aircraft due to their proximity to Oceana Master Jet
Base; and
The City Clerk is hereby directed to forward a certified
copy of this Resolution and attachment to each of the members of
the City's General Assembly delegation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
14 day of
December
, 1993.
CA-5399
ORDIN\NONCODE\NOISE.RES
SIGNA T JRE
J-A11L1
DfPARTM:NT
APPROVED AS TO LEGAL
SUFF ~þIDA:ORM
~~
~ CITY ATTORNfY
2
A BILL to amend the Code of Virginia by adding section 15.1-491.03
relating to aircraft noise attenuation features in buildings and
structures within airport noise zones.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding section 15.1-
491.03 as follows:
§ 15.1-491.03 Aircraft noise attenuation features in buildings and
structures within airport noise zones.-
The governing body of any city having a population of at least
350,000 persons as reflected in the 1990 census and in whose
jurisdiction is located a licensed airport or united states
government or military air facility, may adopt reasonable
regulations relating to the provision or installation of acoustical
treatment measures in buildings and structures, or portions
thereof, to be constructed in areas affected by above average noise
levels from aircraft due to their proximity to flight operations at
nearby airports. In establishing such regulations, the governing
body may adopt one or more noise overlay zones as an amendment to
its zoning map and may establish different measures to be provided
or installed within each zone, taking into account the severity of
the impact of aircraft noise upon such buildings and structures
wi thin each zone. Any regulations adopted pursuant to this statute
shall become a part of the city's building code. Notwithstanding
any provision to the contrary, the authority provided herein shall
be in addition to and not be limited by the regulations contained
in the Uniform statewide Building Code.
------
- 18 -
/1em.Jlld.
CONSENT AGENDA
ITEM # 37501
Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council APPROVED In
ONE MOTION items 1, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Item 2 was pulled for a separate vote.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III. James W Brazier. Jr, Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 19 -
I1w...lII=.l.L.
CONSENT AGENDA
ITEM # 37502
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazzer, City CounciL ADOPTED:
Ordinance authorizing acquisition of property in fee simple for right-
of-way for Indian Lakes Boulevard, Phase I Extension Project (CIP 2-
019) and the acquisition of temporary and permanent easements of right-
of-way, either by agreement or condemnation.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lan tezgn e, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Robert K Dean
December 14, 1993
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32
33
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2
3
4
5
6
7
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR RIGHT OF WAY FOR INDIAN
LAKES BLVD., PHASE I (CIP 2-019) AND
THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMENT OR CONDEMNATION
8
WHEREAS, in the opinion of the Council of the City
9
of Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health,
convenience,
and for the
good order,
comfort,
peace,
welfare of the people in the city of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
section 1.
That the City Council authorizes the
acquisition by purchase or condemnation pursuant to sections 15.1-
236, et seq., 15.1-898, 15.1-899, and section 33.1-89, et seq.,
Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all
that certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans entitled
"INDIAN LAKES BOULEVARD, PHASE I EXTENSION PROJECT," these plans
being on file in the Office of Real Estate Department of Public
Works, Virginia Beach, Virginia.
section
City
Manager
is
That
the
hereby
2.
authorized to make or cause to be made on behalf of the City of
Virginia
available,
a
extent
that
funds
Beach,
to
the
are
reasonable offer to the owners or persons having an interest in
said lands.
If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the
14
December
, 1993.
day of
CA-5358
NONCODE\CA5358.0RD
R-l
v
- 20 -
~
CONSENT AGENDA
ITEM # 37503
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applzcant
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS
AMENDED:
Ordinance declaring a twenty-five (25)-foot wlde strip of land adjacent
to 2221 West Berrie Circle (Berrie Garden!)) as EXCESS PROPERTY
in the applzcation of Carolyn Parker, and, authorizing the Clty Manager
to dispose of same (BAYSIDE BOROUGH)
The $2,500 survey cost shall be deducted from the amount pazd to the Clty.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazzer, Jr, Robert W
Clyburn, Louls R. Jones, Paul J Lan telgn e, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzllzam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Robert K Dean
December 14, 1993
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11
12
13
14
15
16
17
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19
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29
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31
32
33
34
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1
2
3
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
4
WHEREAS, the City of Virginia Beach acquired ownership of
the following described property by deed recorded in Deed Book
5
,....
6
1018, page 154; and
WHEREAS, the City Council is of the opinion that the
7
8
following described property is in excess of the needs of the City
9
of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the following described property is hereby
declared to be in excess of the needs of the City of Virginia Beach
and that the City Manager is authorized to convey said property in
the manner he deems in the best interests of the City of virginia
Beach reserving therein any and all easements pertaining thereto,
and further that such property be declared in excess of the needs
of the City and is more particularly described as follows:
All that certain lot, piece or parcel of land situate in
the Bayside Borough of the City of Virginia Beach,
Virginia, and being shown as the 4,117 sq. ft. /0.094
hatched area on that certain plat entitled "PLAT SHOWING
A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT
10, SOUTHERN HALF OF LOT 9 AND A PORTION OF PARCEL
DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (MB 25, P. 4)
SCALE: 1"=30' OCTOBER 4, 1993," prepared by John E.
Sirine and Associates, Ltd., a copy of which is attached
hereto as Exhibit "A. II
2 .
The parcel shall be combined with the adjoining
property of the Petitioner into one parcel.
3.
The parcel shall not be conveyed by the city until
such time as the Petitioner or assigns shall obtain a release of
the city of Norfolk's right of reverter over said parcel.
4.
This Ordinance shall be effective from the date of
its adoption.
36
37
38
39
40
41
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of December, 1993.
CA-5378
ORDIN\NONCODE\parker.ORD
R-1
PREPARED: 11/26/93
-------,
-~---- ---
-~
2
APPROVED AS TO
LEGAL SUFFICIENCY
~i Ù /~
Department of Law
SYKES,CARNES,BOURDON
& AHERN P C
ATTORNEYS AT LAW
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
~ET I7.IQN
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your petitioner, CAROLYN
respectfully represents as follows:
by
PARKER,
counse 1,
1.
That
Petitioner
the
applies
the
to
and
Mayor
Council
City
an
Virginia
the
Virginia,
of
of
Beach,
for
ordinance declaring the hereinafter described property to be in
excess
of
City
to
Virginia
needs
the
the
of
of
Beach
and
authorize
City
convey
the
the
Manager
to
to
the
property
Petitioner upon payment of fair market value as determined by
qualified appraisal and in accordance with City policy.
2.
That your Petitioner owns the property contiguous
to the hereinafter described property and is the only property
owner
contiguous
said
the
site.
And
further
that
to
hereinafter described property has no utility unless joined to
the contiguous property of Petitioner.
3.
The
Petitioner
to
be
.
IS
asking
property
your
declared in excess of the needs of the City of Virginia Beach
so that she may purchase same is hereby described as follows:
ALL THAT CERTAIN lot, piece or parcel of land
situate in the Bayside Borough of the City of
Virginia Beach, Virginia and being designated as
.. 25' STRIP OF PROPERTY TO BE VACATED" on that
- 1 -
----- -_. -
SYKES, CARNES BOURDON
& AHERN P C
ATTORNEYS AT LAW
certain plat entitled "Plat Showing A PORTION OF
25' STRIP OF PROPERTY TO BE VACATED ON LOT 10,
SOUTHERN HALF OF LOT 9 AND A PORTION OF PARCEL
DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (MB 25,
P. 4)", prepared by John E. Strine and
Associates, Ltd. , a copy of which is attached
hereto as Exhibit 'A"'.
4.
Tha t no i nconven i ence wi 11
any person
result to
or
property owner
by
of
the hereinabove
reason
the sale of
described property.
WHEREFORE,
Petitioner
prays
that the Mayor
and
your
City Council of the City of Virginia Beach, Virginia, declare
the hereinabove described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City Manager
to convey same to your Peti tioner upon payment to the Ci ty of
Virginia Beach, for the fair market value of said property as
determined by qualified appraisal.
Respectfully submitted,
By:
'/
Of Counsel
I
I
I R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN,
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
P.C.
4165i
- 2 -
--------- -
C::;I\",O' I
^
N
42.83'
REMAINING PORT
DESIGNA TED A~O~ EOF PARCEL
. . BERRIE
09816'40" E FIELD
(25.15'
~/!
o~ c/1
z ~Q, 0 /:i
TJ n . ,,1
co I M- C
Q') -" 0 <:x¡ 0°
.0 - :0
(J\ tV :1- ::0:0 /" =:;~
Q'). CD () rrt JT1
. ~I M I:;::: Z:¡j
(J1 (XI - -oi 0 -
<D. . ,,:;:: r- ::0 r-
. / - M.. 11
:E \ M- ).I/()
<.nw r
::r ~ \
r~
MER\O\AN SOURCE
(M.8.25, P.4)
~ ~ ;;
)...
Q!
~
Q:-
r¿f:j
O::?;~
0 ::x: Q
~ ï;j~
.;s- :--Q
0 ~ï;j
~ c;:
~~
c
PORTION OF
PARCEL DESIGNATED AS
F.E. BERRIE Q'
-:"'.¡;j
Qc;:
G:!,-=-
:--
~~
, ,
0) a
tv a
co o'
co a
.....
~
OLD
PIPE
- 75.26'
S 12.26' W
84.13'
25' STRIP OF
PROPERTY TO
BE VACATED
, t
a a
a,""
o' tr)
a .~
..... co
<0
C/)
----
N 05.38'00" E
31.68'
NOTES:
1. THIS PLAT IS THE RESULT OF A
FIELD SURVEY.
2. AREA OF LAND V ACA TED:
4,117 SQ. FT./O.O94 ACRE
3. GPIN NO.: <.f) Z
1479-48-9561 11 ~q ~/1
1479-48-8467 ~ ~
1479-58-8573 :: 3. A
4. ALIGNMENT OF 25' STRIP OF rv"'.. ::: I
PROPERTY WAS ESTABLISHED ~ ~
BY THE PROLONGATION OF P ~
PROPERTY LINES AS SHOWN ON .s.~
PLAT ENTITLED" AMENDED RESUB-
DIV\SION PLAT OF LOT 4 AS SHOWN
ON PLAT ENTITLED "SUBDIVISION OF
WOODBEACH"", RECORDED IN MAP
BOOK 151 AT PAGE 35.
10
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:J<g~'f>
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Ul ex:>
(/)
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--1
l.L.
0
Z
0
J-
a::::
0
a..
(9
z
z
«
~
w
a::::
A=0.46'
, , 1
--
OLD
PIN 81.95'
~ - OLD S 05.05'00" W
R=100.00' PIPE
A=9 43'
WEST BERRIE CIRCLE (sot)
- 215' TO -
N. GREENWELL
ROAD
'-
r'At I~ ~ ( AÀ~N (I
)
,. 'ot
.\
G-f¿;~)~!
"'-(-1,,0 - 2~ .,~c" - .
~/D S n~~ J
~' PLA T SHOWING
A PORllON OF 25' STRIP OF PROPERTY TO BE VACATED
ON
LOT 10, SOUTHERN HALF OF LOT 9 AND A PORllON OF PARCEL
DESIGNATED AS F.E. BERRIE, BERRIE GARDENS
(M.8.25, P.4)
VIRGINIA BEACH, VIRGINIA
OCTOBER 4, 1993
SA YSIDE BOROUGH
SCALE: 1 "=30'
JOHN E. SIRINE AND ASSOCIATES, LTD.
SURVEYORS. ENGINEERS. PLANNERS
VIRGINIA BEACH, VIRGINIA
0
t II i
REV'SEIJ". NOVE MBER 29, /993
30
I
60
,
GRAPHIC SCALE
90
1
120 FEET
I
~ - ",,- .--......., ...'"
T- ----
------T-- -
I'
I
I
I
¡
,I
,I
THIS DEED OF VACATION AND QUITCLAIM is made this
day of
,
1993, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
I
I J
I
II
,i
II
"Grantor" party of the first part,
and the Carolyn Parker,
, "Grantee" party of the second part, 2221 West
Berrie Circle, Virginia Beach, Virginia.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS
I
I
I
¡
¡
I
II
II
I
I
II
II
II
I
I
¡
!I
I
I
($10.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part its right and interest,
if any,
in the
following described property:
All that certain lot, piece or parcel of land
situate in the Bayside Borough of the City of
Virginia Beach, Virginia, and being shown as
the 4,117 sq. ft./O.O94 acre hatched area on
that certain plat entitled "PLAT SHOWING A
PORTION OF 25' STRIP OF PROPERTY TO BE VACATED
ON LOT 10, SOUTHERN HALF OF LOT 9 AND A
PORTION OF PARCEL DESIGNATED AS F.E. BERRIE,
BERRIE GARDENS (MB 25, P. 4) SCALE: 1"=30'
OCTOBER 4, 1993," prepared by John E. Sirine
and Associates, Ltd., a copy of which is
attached hereto as Exhibit "A."
II
f
It being a part of the same property conveyed
to Grantor, by Deed of city of Norfolk, a
municipal corporation of the State of
Virginia, dated July 21, 1967, and recorded in
the aforesaid Clerk's Off ice in Deed Book
1018, at page 154.
GPIN: 1479-48-9561; 1479-48-8157; 1479-58-8573
I
II
"
I
This
is
subject
to
conditions,
made
conveyance
restrictions, easements, and reservations of record in the chain
of title, if any, constituting constructive notice thereof.
witness the following signatures and seals:
I
I
I
I.
I I
I
I
¡
I
i
CITY OF VIRGINIA BEACH, a
municipal corporation of the
Commonwealth of Virginia
APPROVED AS TO
LEGAL SUFFICIENCY
W J; IfJ1;
Department of Law
By
city Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
I
I
II
I,
II
I'
II
II
j I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
, a Notary Public in
and for the City and State aforesaid, do hereby certify that
, City Manager/Authorized Designee
of the City Manager of the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, whose name is signed
to
the
foregoing
writing,
bearing
day
of
date
the
, 1993, has acknowledged the same before me in my City
and State aforesaid.
Given under my hand this
day of
,1993.
I
II
I
Notary Public
My commission expires:
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
, a Notary Public in
and for the City and state aforesaid, do hereby certify that Ruth
Hodges
smith,
a
ci ty Clerk of the CITY OF VIRGINIA BEACH,
municipal corporation of the Commonwealth of Virginia, whose name
is signed to the foregoing writing, bearing date the
day of
,1993, has acknowledged the same before me in my City
and state aforesaid.
Given under my hand this
day of
, 1993.
Notary Public
My commission expires:
I
II
I
I
3
- - 1
LOCATION MAP
.
. -
~~ ---
. ~;, ,,- . -
" -
\-------- -.
I
----
'"' I.
;,--, ~ ,
.:- I
~ '-j t'-
~ f :::...' -
:'_'-.-,;~ . "," ~-
~ '-' ~~..u"?-......
~ .~~;.;.... -
~ ".:lUNa RD
. J- . '"',
,. "',
-,]0.' ..- .....-: " r,
.... -r .....: ~ J8. '-
,";.t. - - ';. ~
.;.. "-'!:' '~.. '
~<: --:-
.. ...,
---- ----T
EXHIBIT "A"
MERlO! AN SOURCE
(M.8.25, P.4)
-~ ~ ~
)...
if!
~
£C
flf:]
Q:::~~
O::J::o
~ ç;j~
.:s;: :--.;0
0 ~c¡j
~ c;:
~\...:.
REMAINING PORTION
OLD DESIGNA TED AS F EOF PARCEL
PIN . . BERRIE
4 ~ 09-'6'40" E FIELD
2.83 (25.15'
:~/!
0-::1 (~
z ~w () /:j
TI n °"'1
OJ \ -- ,. c -
ffi'-' () 4õO,,:;IJ () P
-0 -. ::0
(]'I N ,.-- ::u :;0 /" :!' ~
ffi. '.... CD 0 r~ -,. rr,
(]'I _I. .....:.. ..:u
CD :;'-1 (.J -
<D - ","'-r- :;.of....
~ / - .,
:E \ (;) / ~2
.t. ffi ;x: I
r- ~-)
r..
L
PORllON OF
PARCEL DESIGNATED AS
F.E. BERRIE Q'
Q't!
¡;j '-=-
:-..;
~4J
.. ..
0) a
tv a
~ o'
<0 a
-
~ r
---
.. t
0 a
o..1V)
o' II)
a -~
- co
<0
CI')
-
75.26'
S 12.26' W
84 13'
25' STRIP OF
PROPERTY TO
BE VACATED
OLD
PIPE
OLD
PIN
OLD
PIN
N 05.38'00" E
31.68'
NOTES:
1. THIS PLAT IS THE RESULT OF A
FIELD SURVEY.
2. AREA OF LAND V ACA TED-
4,117 SO. FT,/0.094 ACRE
3. GPIN NO.: Lf) Z
1479-48-9561 11 ~ q ;:;/1
1479-48-8157 ~ ~
1479-58-8573 :~ ~ /!
4. ALIGNMENT OF 25' STRIP OF Y I
PROPERTY WAS ESTABLISHED ~-;J ~
BY THE PROLONGATION OF P S
PROPERTY LINES AS SHOWN ON -S----
PLAT ENTITLED" AMENDED RESUB-
DIVISION PLA T OF LOT 4 AS SHOWN
ON PLAT ENTITLED "SUBDIVISION OF
WOODBEACH"", RECORDED IN MAP
BOOK 151 AT PAGE 35.
10
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ffiOm1Do
I j;~....~~
O::)<g~~
I :I: r-v
(f) co
(/)
I
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.-
0
-'
lL.
0
Z
0
f=
a::
0
a..
<...')
z
z
«
~
w
a::
:.
A=O 46'
- .
...
OLD
PIN 81 95'
-- - OLD S 05-05'00" W
R=100.00' PIPE
A=9,43'
WEST BERRIE CIRCLE (50')
- 215' TO -
N. GREENWELL
ROAD
t'.\t'l . r;.A~P.¡ t .
", ,r
.
- .
. ,
6'~¿::~.I~ r
. ~ 10 - 2'2.'~ ",
~, ~..q oJ (') .-
~o sun"~~~"'"
-.......:.- ..sr--
PLAT SHOWING
A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED
ON
LOT 10, SOUTHERN HALF OF LOT 9 AND A POR110N OF PARCEL
DESIGNATED AS F.E- BERRIE, BERRIE GARDENS
(M B.25, P.4)
VIRGINIA BEACH, VIRGINIA
OCTOBER 4, 1993
BA YSIDE BOROUGH
SCALE: 1 "=30'
JOHN E. SIRINE AND ASSOCIATES, L TO.
SURVEYORS- ENGINEERS- PLANNERS
VIRGINIA BEACH, VIRGINIA
0
,
30
I
60
,
GRAPHIC SCALE
90
I
120 FEET
I
-
- 21 -
~
CONSENT AGENDA
ITEM # 37504
Upon 11Wtion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $281,575 from the Virginia
Housing Partnership Fund's Indoor Plumbing/RehabilitatiOn Program to
the Department of HOUSing and Neighborhood Preservation re housing
rehabilitation or reconstruction and that revenues be increased
accordingly.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
10
11
12
13
14
15
16
17
18
19
20
21
1
2
3
ORDINANCE TO ACCEPT AND APPROPRIATE $281,575
FROM THE VIRGINIA HOUSING PARTNERSHIP FUND'S INDOOR
PLUMBING/REHABILITATION PROGRAM FOR HOUSING REHABILITATION
4
WHEREAS, the Department of Housing and Neighborhood Preservation operates
5
housing rehabilitation programs for the benefit of the citizens of Virginia Beach, and
6
WHEREAS, the Virginia Department of Housing and Community Development
7
has notified the City that it has made available $281,575 in Indoor Plumbing/Rehabilitation
8
Program funds for the rehabilitation or reconstruction of eligible owner OCCUpIed houses in
9
Virginia Beach, and
WHEREAS, the Department of Housing and Neighborhood Preservation is
currently operating such a program and will continue it with the use of these funds.
NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE
CITY OF VIRGINIA BEACH accepts and approprIates $281,575 for use as specified by the
Virginia Department of Housing and Community Development, and that revenue from the
Commonwealth be increased by $281,575.
Adopted by the Council of the City of Virginia Beach on the
Fourteenth
December
day of
, 1993.
Approved as to Contents:
1
/ //4 ~. , -
, , //(
,/I ' 7' ;" ,I'> '. ,
\" yJ¡ ~!'l j j¡, -, (¿ ~lj¡,"i -,
A'bdrew M. Friedman, Director
Housing and Neighborhood Preservation
Approved as to Legal Form:
'~"",ì,',,111,..'," -.i'"f'
>. 1\ \ .~"."-
, ."
,J. "r' :~"II""'l
II..,: ,..,-,_,10."1.. u
4
f \mbasket\afned\mdoor ord
- 22 -
~
CONSENT AGENDA
ITEM # 37505
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier. City CounciL ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $177,821 from the Federal
Government to the Department of Mental Health, Mental Retardation and
Substance Abuse re substance abuse treatment/prevention and additional
infant stimulation services.
Voting:
10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, LoUIS R. Jones, Paul J Lan tezgn e, John D Moss. Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D
Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14. 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT FEDERAL FUNDING IN THE AMOUNT
OF $177,821 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION, AND SUBSTANCE ABUSE TO REDUCE THE RISK
OF CHILD ABUSE AND NEGLECT IN FAMILIES WITH SUBSTANCE
ABUSE PROBLEMS, TO ENHANCE SUBSTANCE ABUSE PREVENTION AND
TREATMENT PROGRAMS, TO SERVE SUBSTANCE ABUSING WOMEN AND
THEIR CHILDREN, AND TO PROVIDE THERAPY FOR INFANTS
IN THE INFANT STIMULATION PROGRAM
9
WHEREAS, the Community Services Board and the Department of
Mental
Health,
Retardation,
Mental
and
Substance
Abuse
are
responsible
coordination and
for the
implementation of mental
health, mental retardation, and substance abuse services;
WHEREAS, the department has received federal funding in the
amount of $177,821 to provide substance abuse treatment/prevention
services and additional infant stimulation services;
WHEREAS, the funding requires no local funding match and 1
FTE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH,
VIRGINIA:
That funding in the amount of
1 .
$114,450 be accepted and appropriated from the federal government
and 1 FTE be established in the Department of Metal Health, Mental
Retardation, and Substance Abuse to reduce the risk of child abuse
and neglect in families with substance abuse problems;
2.
That
funding in the amount of $18,500 be accepted and appropriated from
the federal government to enhance substance abuse treatment and
prevention programs; 3. That funding in the amount of $6,000 be
accepted and appropriated from the federal government to serve
substance abusing women and their children; 4. That funding in the
amount of $38,871 be accepted and appropriated from the federal
government to provide therapy for infants in the infant stimulation
program;
and
appropriations
$177,821
be
offset
by
That
5 .
a
increase in federal revenue.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the
Fourteenth
December
, 1993.
day of
This
ordinance
its
effective
from
the
date
of
shall
be
adoption.
Approved as to Content
~~~/
Walter C. Krae , Jr.
"\
..
~~~
~ø'
.
VIrginia Commonwealth University
-
November S, 1993
Dennis Wool, Ph.D.
Executive Director
Virginia Beach Communi ty Services Board
Comprehensive Substance Abuse Programs
Pembroke 6, Suite 208
Virginia Beach, V A 23462
Agreement Number: 5-26105; Req. No. 136300
Doctor Kathryn Hal1. Project Director at Virginia Beach Con1munity Services
Board
Doctor Susan R. Gener. Project Director at veu
Dear Doctor Wool:
RE:
Enclosed are two copies of the agreement between VCU and Virginia Beach
Community Services Board executed for VCU. Please return one ful1y executed
copy and retain the other for your records. If the execution of the enclosed
agreement is not under your authority, please forward it to the appropl"iate
individual.
Sincerely,
ð uJ ~G-~ '(,
Deborah W. Valenti
Research Administrator
Enclosure
c: Doctor Susan R. Geller
Otr1ce ot Sponsored Programs. Box ~Ga . RlC:hmond. Vll1.r1nia 23298-0588
(804) 786.2824 . 'VOICE TDD (804) 186-0956 . FAX (80") 371-Z521
-" --
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. ¡TIllman:. ~ lln DISablilllf!S
"'Ir "'l nl ~ "t - ~
, "I """ . '
1 Io¿oarttnt!nt Of Sacral
'l"I/(t!S
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Dr oarrment Inr the
1/lutJIÚ HIJnalcapped
. " . " I , ~
E-tRLY lVTER r'E.VTIO\ SERJ7CES FOR lVFA.VTS .-L\D
TODDLERS H'TTH DISABILITIES -t VD THEIR F.4JI/LIES
\..lft> ( 'Jrporaf/on
l ,JmmUSlOn. Bureau oJ
IlI\urance
. -"r "', "
...~ - - ,.I, ,
-'
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"ift t! to: "(' / "CltII£WaÚ 1\ Ill! Dljan//l:lt'5 Edw.aw}f1 .h r
To: Local CouncIl Coordinators
Local Fiscal Agen ts ~
Fro m: King E. DaVIs, Ph"D"~'¿AJ
Commissioner
Date: November 15, 1993
Sub]: Part H Re-AllocatIon Funds
On behalf of the state agencies involved in Part H, I am pleased to announce that $412,000
of federal Part H re-allocation funds are being disseminated to local councils based upon each
council's revised formula share. The V 1..RGr-t ~
. ..local interagency coordinatIng cou.n~il wIll receive $~ in additional funds under
"the same grant number as your ongInal allocation, #92-~.
In order to indicate how you will use these additional funds, please submit a revised fifth
year budget and revised fifth year budget jusuficatlon narrative to the Part H Office by
December 31, 1993. If you have any questions regarding these re-allocation funds, please
contact your regional consultant.
cc:
Brad Bradford
Mike F ehl
Anne Lucas
Regional Consultants
Rosanna Moser
----f - -----
KING E DAVIS. Ph 0 . LCSW
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
Mental Health, MenIal Retardatio1l and Substance Abuse Services
MEMORANDUM
MAILING ADDRESS
PO BOX 1797
nlCI CMONO. VA 23214
TEL (804) 786-3921
TO:
Edna Hanopal, Virginia Beach CSB, Fiscal
()L
Aida Rivadeneira, Project LINK State Coordinator
FROM:
DATE:
December 1, 1993
RE:
Child Care Development Block Grant
Please be advised that Virginia Beach has been awarded $6,000 in
CCDBG funds for fiscal year 1993-94 to purchase child care slots
for eligible project LINK children.
To access this amount, a form 5 must be completed as soon as
possible and submitted to me. I will then hand deliver the form to
our fiscal staff person, Brad aradford.
Please note date, fiscal year and purpose. As I highlighted in my
memo dated November 8,1993, Virginia Beach will be reimbursed for
the expenses incurred last year in the amount of $1,960. Thus, the
boxed in area of the form titled COST will list total expenses as
$7,960, your first year quarterly report should only reflect $6,000
as operational revenue for this year.
Should you have any questions, please do not hesitate to call me at
786-1530.
Thank you for your continued support and cooperation.
cc:
patricia Gonet
VOICEltDD (804) 371-8977
FAX (604) 78&-414b
- - 1 ----~
~r:)
KING E DAVIS. Ph D LCSW
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
Mental Health, Mental Retardation and Substance Abuse Services
November 18, 1993
MAILING ADDRESS
PO BOX 1797
RICHMOND. VA23214
TEL (804) 786-3921
Dennis I. Wool, Ph.D.
Executive Director
Virginia Beach Community services Board
Pembroke Six, Suite 208
Virginia Beach, VA 23462-2891
Dear Dr. Wool:
The Virginia Beach Community services Board has been awarded
$18,500 in additional SAPT Prevention Block Grant Funds. Your
"Plan for Intended Use" was received and approved by the Office of
Prevention and Children's Resources. These additional funds should
be expended by June 30, 1994 if at all possible.
Questions regarding the additional SAPT Prevention Block Grant
Funds and your Plan for Intended Use should be directed to William
B. Porch, Ph.D. at (804) 786-1530. If you have any questions
regarding the fiscal procedure, please contact your Community
services Administrator.
To access your additional SAPT Prevention Block Grant Funds,
complete a Form 5 - Reappropriation and One Time Grants, make a
notation of the money's intended use and send the original and
three (3) copies to Paul Gilding, Director of Community Services.
Sincerely,
~
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NOV 2 ¿ ,
Harriet M. Russell
Director, Office of Prevention
and Children's Resources
- ---
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cc: Olivia Garland
Paul Gilding
Mellie Randall
Rosanna Moser
William B. Porch,
JoAnn Ackerman
, . . ..
Ph.D.
VOICElTDD (804) 371-8977
FAX (804) 786-4146
-- ----r-- -
---- -----
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..
AGREEMENT
AGREEMENT NUMBER: 5-26105; Req. No. 136300
,
DATE: November S. 1993
PARTIES TO THE AGREEMENT:
This is an agreement between:
Virginia Commonwealth University I hereinafter caned VCU
with a business address at Box 568, MCV, Richmond, VA 23298-0568
and
Virginia Beach Community Services Board, hereinafter called SUBAWARDEE
with a business address at Pembroke 6. Suite 208,
Virginia Beach, Virginia 23462
CONTENTS:
This Agreement consists of this page and
Schedule of Provisions .................
General Provisions ............. I.""
Attachment AI Statement of Work ...
Attachment B. Budget ..................
Attachment C, VCU's Award .........
Attachment DI Requisition """."
,/
VCU is in receipt of Grant No. 90CNO12501 from U. S. DHHS. This
agreement Is to make a subaward in compliance with the terms of said
a ward to VCU.
page 2
page 5
page 10
page 11
page 12
page 13
PURPOSE:
PERIOD OF PERFORMANCE: September 30, 1993 - September 29. 1994
COST:
Not to exceed $114.450.
PROJECT DIRECTORS:
VCU:
SUBAWARDEE:
Doctor Susan R. Gener
Doctor Kathryn Hall
EXECUTION: In witness of their acceptance of the terms of this agreement. the parties
have caused it to be executed by their duly authorized representatives.
VIRGINIA COMMONWEALTH UNIVERSITY:
VIRGINIA BEACH COMMUNITY
SERVICES BOARD:
1ft' ~.". yav u. '-
Herbert B. Chermside, Director
Sponsored Programs Administra tion
I/Gé~
Date & I..: -54600-1758
--
(Typed Name)
Date '" TAX I.D.:
-- - -,---
- 23 -
~
CONSENT AGENDA
ITEM # 37506
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Counczl ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $116,232 for Sectzon 8
rental payments and administrative fees from the United States
Department of Housing and Urban Development (HUD) re Section 8
Rental Assistance Program and that revenues be mcreased accordmgly
Voting:
10-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, James W. Brazier. Jr, Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14. 1993
10
/11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
3
ORDINANCE TO ACCEPT AND APPROPRIATE $116,232 FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR USE IN THE
SECTION 8 RENTAL ASSISTANCE PROGRAM
4
5
6
WHEREAS, the City receives funding under the Section 8 Existing Housing
Program for the purpose of providing rental subsidies to low income households, and
WHEREAS, the City has received an award of additional funding under this
7
8
9
program, and
WHEREAS, the City wishes to expand the use of Federal funds to provide rental
assistance to low Income households,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $116,232 in Section 8 rental payments and administrative fees be
accepted and appropriated to the Section 8 budget unit, and
BE IT FURTHER ORDAINED THAT revenue from the Federal government be
increased by $116,232.
Adopted by the Council of the City of Virginia Beach on the 14
day of Decernbe:ç 1993.
Approved as to Content:
A pproved as to Legal Form
¿~
-'"city Attorney
rew M. Fri man, Director
Department of Housing and
Neighborhood PreservatIon
~". i' jt( \ "ED.AS TO CONi F f-"¡r
rr
'v\,":hr C K'~f)mHr "r
O~~! ~)r '.1dn-lClern ^>r)t rrl [<I ¡rtntlt
- 24-
~
CONSENT AGENDA
ITEM # 37507
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED:
Ordinance to TRANSFER $263,000 within the HOME Program Fund to
VIrginia Beach HOME, Inc. re housing for low income persons
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch. III, James W Brazier, Jr.. Robert W
Clyburn, LoUIS R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
10
11
12
13
14
15
16
17
18
19
20
1
2
3
4
5
6
7
8
9
6
ORDINANCE
TO TRANSFER FUNDS WITHIN THE HOME PROGRAM FUND
WHEREAS the HOME Program was established by the Federal
Government to provide housing for low income persons; and
WHEREAS staff have reviewed the budgeted use of FY 94
HOME funds; and
WHEREAS staff recommends that the proposed use of funds
be changed to provide additional funding for permanent housing and
for operating costs of
virginia Beach HOME, Inc.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $263,000 of FY 94 HOME funds currently
budgeted for a homeless shelter be allocated to Virginia Beach
HOME, Inc. for the purpose of providing permanent affordable rental
housing, including $38,000 for operational costs of the program.
the
Adopted by the Council of the City of Virginia Beach on
14 December
day of , 1993.
Approved as to Contents:
Approved as to Legal Form:
(
jy'
City Attorney
drew M. Fr' edman, Director
Department of Housing and
Neighborhood Preservation
l~PPE.OVED AS TO COi"¡TEN1r
~~
OeD! cf M::lfi....LuTult ~~nrj Budget'
- 25-
~
CONSENT AGENDA
ITEM # 37508
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, CIty CouncIL ADOPTED:
Ordinance to AMEND the 1993-1994 Community Development Block
Grant (CDBG) Final Statement of ObjectIves; TRANSFER $10,000 from
the CDBG Special Revenue Fund; and, authorIze the CIty Manager's use
of the funds re repair of the Judeo-Christian Outreach Shelter
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WILLiam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
,.
10
11
12
13
14
15
16
17
18
19
20
21
1
AN ORDINANCE TO AMEND THE 1993 - 1994 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FINAL STATEMENT OF OBJECTIVES
TO AUTHORIZE FUNDING FOR THE REPAIR OF
THE JUDEO-CHRISTIAN OUTREACH SHELTER
2
3
4
5
6
WHEREAS, the City of Virginia Beach supports the activities of the J udeo-
Christian Outreach Shelter, and
WHEREAS, the City desires to assist the Shelter to improve its facilities, and
WHEREAS, the Council has determined that the use of CDBG funds for such
7
8
9
purpose is appropriate,
NOW, THEREFORE BE IT ORDAINED, that the 1993-1994 Community
Development Block Grant Final Statement of Objectives is amended to authorize funding in the
amount of $10,000 for the repair of such shelter as indicated on the written request of the
shelter,
AND, BE IT FURTHER ORDAINED that the City Manager is authorized to
transfer funds from the CDBG Special Revenue fund for such purpose.
Adopted by the Council of the City of Virginia Beach on the 14
of December, 1993.
day
Approved as to Legal Form
,
/
r'\PPROVED AS T() CONTL:\'T
~~~
ÙE:pt of M'1'1D.gernf~rlt :F'd ~IJdQet .
- 26-
~
CONSENT AGENDA
ITEM # 37509
Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City CounciL ADOPTED:
Ordinance authorizing License Refunds in the amount of $10,417.05
upon applzcatzon of certam persons and upon certzfzcatzon of the
Commissioner of the Revenue.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III. James W Brazzer. Jr. Robert W
Clyburn, Louis R. Jones, Paul J. Lan tezgn e, John D Moss. Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
FORM NO CA 8 REV 3186
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
NAME
License
Year
Date
Paid
Base
Penalty
Into
Total
Beaches Rental Equipment Co. Inc.
2509 Sandpiper Road 1992
Virginla Beach, VA 23456
Audit
46.77
46.77
DaVls Engineering Assoc. PC
569 Central Drive #100 1991-93
Vlrglnla Beach, VA 23454
Audlt
278.95
278.95
East Coast Construction Mgt.
1508 Chirnside Court 1990-92
Vlrglnla Beach, VA 23464
Audit
48.00
48.00
Certified as to Payment
-~~#
~£-Y ~
~bert P Vaughan
Commissioner of the Revenue
--
Approved as to form
Les Ie L Lilley
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 373.72
were approved by the Council
of the City of Virginia Beach on the
14
day of December
11993
Ruth Hodges Smith
City Clerk
~
FORM NO CA . REV 3186
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
NAME License Date Base Penalty Int Total
Year Paid
Hardy Bui1dlng Corp. 1991-93 Audlt 32.05 32.05
4356 Bonney Road #101
Virginla Beach, VA 23452
Hunter, Wi111am D. 1991-92 Audlt 37.72 37.72
824 B11trnore Drive
Vlrglnla Beach, VA 23454
Internatlona1 Cargo Servo Inc.
T/A I C S 1992-93 Audlt 690.71 690.71
1300 Dlamond Sprlngs Road
Vlrglnia Beach, VA 23455
Certified as to Payment
'7 '/' ~
~-~~-. /¿~
~obert P Vaughan ¿;/
Commissioner of the Revenue
Approved as to form
~(ß15.
slle L LIlley
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 760.48
were approved by the Council
of the City of Virginia Beach on the
14
day of
December
19 93
,
Ruth Hodges Smith
City Clerk
I --
FORM NO C A. I REV 3186
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:
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Kyl0 Cable Inc.
36 Cedar Road
Poquoson, VA 23662
1990-91
Audlt
112.76
112.76
Luper, Mlchele K. 1990-92
T/A Direct Health Foods Distribution
944 24th Street #202
Virglnia Beach, VA 23451
Audit
30.00
30.00
Management Consulting Inc.
T/A Mancon 1992-93
1617 Dlamond Sprlngs Road
Vlrginla Beach, VA 23455
Audlt
6,683.44
6,683.44
CertifIed as to Payment
~~-7~
Robert P VaUghO
Commissioner of the Revenue
Approved as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 6,826.20
were approved by the Council
of the City of Virginia Beach on the
14 day of
December
, 19 93
Ruth Hodges Smith
City Clerk
FOAM NO CA 8 REV 3IW6
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:
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Margerco Ltd.
T/A Kays Bedding
3021 Cape Henry Court
Virginia Beach, VA 23451
1992-93
Audit
464.39
464.39
Marshall, Linda K.
T/A A & M Bullders
668 Harris Point Drive
Vlrglnia Beach, VA 23455
1991-92
Audit
27.99
27.99
Miranda Inc. 1992-93
T/A Deslgner Styllsts
16506 SE 29th Street Apt. G69
Carnas, WN 98607
Audit
136.27
136.27
Approved as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling S 62R.61:)
were approved by the Council
of the City of Virginia Beach on the
14
day of
December
I 19 93
Ruth Hodges Smith
City Clerk
r -
FORM NO CA 8 REV 3186
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.
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Montessori Inst. of Tdwtr. Inc.
928 Glenfield Court 1992
Virginia Beach, VA 23454
Audit
314.73
314.73
Mosley, Rosetta F.
T/A Un~forms 4-U
1401 Planting Court
Virginia Beach, VA 23456
1991-92
Audit
10.00
10.00
Mulvaney, James N. 1989-92
T/A Sandford Rose Associates
727 Ivanhoe Drive
Florence, SC 29505
Audit
206.18
206.18
Certified as to Payment
obert P Vaughan
CommisSioner of the Revenue
Approved as to form
Leslie L LIlley
¿.
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 530.91
14
of the City of VirgInia Beach on the
were approved by the Council
December 93
day of I 19
Ruth Hodges Smith
City Clerk
- --- -
,--'-
FOAM NO C A. 8 REV 3186
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'
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Nelson, Steven S. 1993
T/A Steven S. Nelson, Atty. At Law
P.O. Box 3667
Norfolk, VA 23514
Aud1.t
228.06
228.06
Norfolk Sheet Metal Works Inc.
215 E. 25th Street 1992-93
Norfolk, VA 23504
Audit
206.17
206.17
Peirce, Charles H. 1992-93
T/A Act1.on Fence & Construct1.on Co.
5812 MoJave Road
Virg1.nia Beach, VA 23462
Audit
12.82
12.82
Certlflea as to Payment
ert P Vaughan
CommisSioner of th
Approvec as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 447.05
were approved by the Council
of the City of Virginia Beach on the
14
day of
December
,19 93
Ruth Hodges Smith
City Clerk
FORM NO CA 8 REV 3186
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.
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Pick, Fred B. & Kathie J. 1991-92
T/A Coverall/Pick & Company
633 Kenneth Road
V1rgin1a Beach, VA 23462
Audit
94.82
94.82
Pipemasters Inc.
9647 F1rst V1ew Street
Norfolk, VA 23503
1992
Audit
30.00
30.00
Prism OptlCS Inc.
P.O. Box 3211
Norfolk, VA 23514
1993
Audlt
82.08
82.08
Certlflea as to Payment
~-~~
~obert P vaug~
CommiSSioner of the Revenue
Approved as to form
ThiS ordinance shall be effective from date of
adoption
The above abatement(s) totaling S 206. gO
slle L Lilley
City Attorney
of the City of Virginia Beach on the
14
were approved by the Council
December
93
day of
I 19
Ruth Hodges Smith
City Clerk
FOAM NO C A. 8 REV 3186
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
NAME
License
Year
Date
Paid
Base
Penalty
Int
Total
Prumm, will1am E.
4516 Yarmouth Court
Vlrginla Beach, VA 23455
1993
10/5/93
30.00
30.00
Seaport Plywood Inc.
3411 Investors Road
Norfolk, VA 23502
1992
Audlt
397.16
397.16
Seebergeer, Rick J. 1992
T/A Prepress Express Intnl.
1401 Greenbrler Parkway #370
Chesapeake, VA 23320
Audit
150.00
150.00
Certified as to Pavment
ert P Vaughan
Commissioner of t,
Approved as to form
ThIs ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 577. +6
14
were approved by the Council
December 93
I 19
of the City of Virginia Beach on the
day of
Ruth Hodges Smith
City Clerk
FORM NO CA 8 REV 318&
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.
NAME
License
Year
Date
Paid
Base
Penalty
Into
Total
Storbeck, Gerhard C. 1992-93
T/A Green Run TV & Stereo
1013 Tangelo Isle
Fort Lauderdale, FL 33315
Audit
53.86
53.86
Tidwell, Robert J.
T/A Shamrock Landscaping
1493 Trading Point Lane
Virginia Beach, VA 23452
1992-93
Audl.t
12.12
12.12
Certified as to Payment
ert P Vaughan
Commissioner of the R
Approved as to form
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 65.98 were approved by the Council
14 Dec9mber 93
day of , 19
of the City of Virginia Beach on the
Ruth Hodges Smith
City Clerk
- 27-
~
PUBUC HEARING
ITEM # 37510
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on.
PLANNING
1.
(a) COLUMBUS CENTER ASSOCIATES
STREET CLOSURE
(b) YWAIN YOUNG
VARIANCE
(c) TIDEWATER EVANGELICAL FREE CHURCH
CONDITIONAL USE PERMIT
(d) MONTE JOE BIGELOW
CONDITIONAL USE PERMIT
(e) TUNE UP PLUS
CONDITIONAL USE PERMIT
(f) U-HAUL INTERNATIONAL, INC.
CONDITIONAL USE PERMIT
(g) KELLAM-GERWITZ, Agent for London Mews
CHANGE OF ZONING
(h) CHURCH OF THE REDEEMER
CONDITIONAL USE PERMIT
(i) INDIAN RIVER PLANTATION, INC., AND
INDIAN RIVER COUNTRY CLUB ESTATES, LP.
CHANGES OF ZONING
(j) INDIAN RIVER PLANTATION, INC., INDIAN RIVER VARIANCE
COUNTRY CLUB ESTATES, LP., ROBERT F. RIPLEY AND CHANGE OF ZONING
THOMAS VANCE CONDITIONAL USE PERMIT
December 14, 1993
- 28-
Item IU-J.l.a.
PUBliC HEARING
ITEM # 37511
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Brazier, CIty CouncIl AUTHORIZED AN
ADDITIONAL lBO-DAY DEFERRAL (To June 14, 1994) in the Petition of COLUMBUS CENTER
ASSOCIATES for the discontinuance. closure and abandonment of a portion of Columbus Street
beginning at the Eastern boundary of ConstitutIOn Drzve
Petition of Columbus Center Associates for the discontinuance, closure
and abandonment of a portion of Columbus Street beginnIng at the
eastern boundary of Constitution Drive and runnIng m an easterly
dIrection a distance of 650 feet. SaId street IS 50 feet m wIdth and
contains 33,854 square feet. More detaIled InformatIOn IS avaIlable in the
Department of Planning. BAYS/DE BOROUGH
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wlllzam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 29 -
~
PUBliC HEARING
ITEM # 37512
PLANNING
Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council DENIED the
Ordinance upon application of 1WAIN YOUNG for a Variance to SectiOn 4.4((b) of the Subdivision
Ordinances which requires that all lots created by Subdivision meet all requirements of the Subdivision
ordinance of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, SubdivisiOn for Twain Young
Property is located on the north side of Owl's Creek Lane, 406 46 feet
east of South Birdneck Road LYNNHAVEN BOROUGH
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 30 -
Item /0-J.1.12:.
PUBliC HEARING
ITEM # 37512 (Continued)
PLANNING
Upon motion by Councilman Brazier, seconded by Councilman Baum, CIty Council AGREED TO
RECONSIDER the previous action DENYING the applzcation of 1W AIN YOUNG for a Variance to
Section 4.4(b) of the Subdivision Ordinances which requires that all lots created by SubdivIsion meet all
requirements of the Subdivision Ordinance of the City Zoning Ordinance
The applicant, Twain Young, was in the audience, but was not aware he was to respond to the CIty Clerk.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. BrazIer, Jr., Robert W.
Clyburn, LoUIS R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean and VIce Mayor Wlllzam D. Sessoms, Jr.
December 14, 1993
- 31 -
Item IU-J.1.b.
PUBLIC HEARING
ITEM # 37512 (Continued)
PLANNING
Twain Young, the applicant, represented himself
Upon motion by Councilman Brazier, seconded by CouncIlman Moss, CIty CouncJl DENIED the
Ordinance upon application of TWAIN YOUNG for a Variance to Sectzon 44(b) of the Subdivision
Ordinances which requires that all lots created by SubdIvlszon meet all requIrements of the SubdIvIsion
ordinance of the City Zoning Ordinance.
Appeal from Decisions of Administratžve Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Twain Young.
Property is located on the north side of Owl's Creek Lane, 406 46 feet
east of South Birdneck Road.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D
Sessoms, Jr
Council Members Votžng Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 32 -
Item IU-J.i.c.
PUBliC HEARING
ITEM # 37513
PLANNING
Thomas Sawyer, 470 Leslie Terrace, Phone: 422-6155, represented the Tidewater Evangelical Free
Church
Upon motion by Councilman Clyburn, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of TIDEWATER EVANAGELICAL FREE CHURCH fora Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER EVANGELICAL
FREE CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH (EXPANSION) RO12931862
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Evangelzcal Free Church for
a Conditional Use Permit for a church (expanszon) on the northeast side
of Euclid Road, southeast of Northern & Southern Railroad. Said parcel
is located at 4966 Euclid Road, Suite 107, and contains 1 477 acres
KEMPSVILLE BOROUGH.
The following condition shall be required;
1.
This request is approved for a period of three years.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance
Adopted by the Council of the City of Vlrginza Beach, VIrginia, on the Fourteenth of December. Nzneteen
n r nd ine - re.
Voting:
9-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn. LoUls R.
Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf.
Nancy K Parker and VIce Mayor William D. Sessoms. Jr.
Council Members Voting Nay.
None
Council Members Absent:
James W. Brazier, Jr. and Robert K Dean
December 14, 1993
- 33 -
~
PUBLIC HEARING
ITEM # 37514
PLANNING
Monte Joe Bigelow, 5704 Blackwater Road, Phone: 421-9278, represented the applicant
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of MONTE JOE BIGELOW for a ConditIOnal Use Permit
ORDINANCE UPON APPLICATION OF MONTE JOE BIGELOW FOR
A CONDITIONAL USE PERMIT RO12931863
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C/1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Monte Joe Bigelow for a CondItional use
Permit for a home occupation (taxidermy) at the southeast Intersection
of Blackwater Road and Hunganan Road. Said parcel is located at 5704
Blackwater Road and contains 1 acre. BLACKWATER BOROUGH.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of December. Nineteen
u an in e.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D Sessoms. Jr
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Robert K Dean
December 14, 1993
~
PUBliC HEARING
PLANNING
- 34-
ITEM # 37515
Richard K Stell, 21866th Street, Phone: 428-5824
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of TUNE UP PLUS for a Condztzonal Use Permit
ORDINANCE UPON APPLICATION OF TUNE UP PLUS FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR &
SERVICE ESTABLISHMENT RO 12931864
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tune Up Plus for a Conditional Use
Permit for an automobile repair and service establishment on certain
property located at the northwest corner of VIrginia Beach Boulevard
and Witchduck Road. Said parcel contains 16,200 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required;
1.
No outside storage of automobile parts will be allowed.
2.
No outside storage of vehicles will be permitted outside of
normal business hours
3.
Only one curb cut on Witchduck Road and one curb cut on
VIrginia Beach Boulevard will be permitted. The two curb cuts
closest to the intersection will be closed by Installation of
planters.
4.
The existing brick on the structure will remain and the trim will
be painted antique white.
5.
Signs on the building will match the type used at the applicant's
Denbigh location Pictures of these signs are on file in the
Planning Department. Any freestanding sign will be a
monument-type with a landscaped base.
6.
Planters will be installed along portions of the bUildIng facing
Witchduck Road and VIrginia Beach Boulevard, excluding bay
entrances and doorways. Plantings will also be installed in the
unpaved area at the corner of the site.
7.
Aluminum and vinyl awnings shall be used.
The Ordinance shall be effective zn accordance with Sectzon 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Fourteenth of December. Nzneteen
n d n e.
December 14, 1993
- 35-
/h:m...1IbL1&.
PUBLIC HEARING
ITEM # 37515 (Continued)
PLANNING
Voting:
8-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf, Nancy K Parker
and Vice Mayor Wllliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss
Council Members Absent:
James W. Brazier, Jr. and Robert K Dean
Councilman Moss ABSTAINED as he has a financial interest in EXXON in excess of $10,000.
December 14, 1993
C ity- ~:f' Vir g i :r1ia Beach
JOHN D MOSS
COUNCILMAN - AT LARGE
(804) 498-0318
4021 GLEN ROAD
VIRGINIA BEACH VIRGINIA 23452
January 4, 1994
Mrs. Ruth Hodges Smith, CMC/ AAE
CIty Clerk's Office
Municipal Center
VirginIa Beach, VirgInIa 23456
Re:
AbstentIon Pursuant to Section 2.1-639 .14(E), Code of Virginia
Dear Mrs. SmIth:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(£), Code of
Virginia, I make the followIng declaration:
1.
The transaction for which I am executing this written disclosure is the City
Council consideration of the application of Tune Up Plus for a conditional use
permIt for an automobIle repalf and service establishment on certaIn property
located at the northwest corner of Virginia Beach Boulevard and Witchduck
Road. The transaction was considered by the Council at its December 14,
1993, meeting.
2.
The nature of my interest in the transaction is that Tune Up Plus is leasing the
property upon which Its facIlity will be located from the Exxon Corporation,
and my wife and I own stock In Exxon.
3.
I disclosed this interest at the meetIng on December 14, 1993, and abstained
from participatIng in the Council's discussion and vote on the transaction.
----
Mr. Ruth Hodges Smith, CMC/AAE
-2-
January 4, 1994
Re:
Abstention Pursuant to Section 2.1-639.14(£), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council.
Sincerely
~ : J~;
~ . oss
Councilmember
JDM/ clb
-- ---
-- - ---
- 36 -
lWrLllbLU
PUBUC HEARING
ITEM # 37516
PLANNING
Claude F. Lym, 5033 Rouse Drive, Phone: 490- 9264, Engineer, represented the applzcant
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of U-HAUL INTERNATIONAL, INC. for a Condltzonal Use Permit.
ORDINANCE UPON APPLICATION OF U-HAUL INTERNATIONAL.
INC. FOR A CONDITIONAL USE PERMIT FOR A SELF STORAGE
FACILITY RO12931865
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatzon of U-Haul Internatzonal, Inc.. for a
Conditional Use Permit for a self storage facility at the northwest corner
of VIrginia Beach Boulevard and Lavender Lane. SOld parcel IS located
at 4950 VIrginia Beach Boulevard and containS 2.3485 acres BAYSIDE
BOROUGH
The following conditions shall be required:
1.
The hours of operation shall be 7 00 AM to 7 00 PM
2.
A Stormwater Management Plan shall be required.
3.
The development shall substantially adhere to the submitted
rendering on file with the Planning Department
4.
The stand of trees on the Northwest corner of the property will
be preserved. the storage facility will be relocated Eastward to
accommodate the trees
5.
Category VI landscaping will be required on the Northwest,
North and East side of the storage faczllty.
6.
Access will be only from Vzrgima Beach Boulevard as shown
on the submitted site plan
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordmance
Adopted by the Council of the City of VIrginia Beach, Vlrginza. on the Fourteenth of December. Nineteen
I
December 14, 1993
- 37 -
l1nrLIlL=L.U
PUBLIC HEARING
ITEM # 37516 (Continued)
PLANNING
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III. James W. Brazzer, Jr, Robert W
Clyburn, Louis R. Jones, Paul J. Lantezgne, John D. Moss. Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Robert K Dean
December 14, 1993
- 38 -
~
PUBliC HEARING
ITEM # 37517
PLANNING
Robert Kellam, 2232 Virginia Beach Boulevard, Phone: 340-0828, Kellam -Gerwitz, Agent for London
Mews, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, Czty Council ADOPTED an
Ordinance upon application of KELLAM-GERWITZ, Agent for London Mews for a Condztzonal Change
of Zoning:
ORDINANCE UPON APPLICATION OF KELLAM-GERWITZ, AGENT
FOR LONDON MEWS FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO B-2 Z012931402
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEAClf. VIRGINIA
Ordinance upon application of Kellam-Gerwztz, agent for London Mews.
for a Conditional Change of Zonzng from R- 7.5 Reszdentzal Dzstrzct to
B-2 Community Business Distrzct on certain property located on the east
side of Great Neck Road begznnzng at a pOInt 144.28 feet south of
Rustwood Lane. The proposed zoning classification change to B-2 zs for
commercial land use. The Comprehensive Plan recommends use of this
parcel for suburban medium density reszdential land use in accordance
with other plan policzes. Said parcel contaIns 7,92792 square feet.
LYNNHAVEN BOROUGH.
The following conditions shall be required'
1.
An Agreement encompassIng proffers shall be recorded wzth the
Clerk of Circuit Court.
The Ordinance shall be effective in accordance with Sectzon 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virgznia Beach, Virginia, on the Fourteenth of December. Nzneteen
Hundred and Ninety - ~.
December 14, 1993
- 39 -
~
PUBliC HEARING
ITEM # 37517 (Continued)
PLANNING
Voting:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier. Jr, Robert W
Clyburn, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and VIce Mayor Wlllzam D Sessoms. Jr
Council Members Voting Nay:
None
Council Members Absent.
Robert K Dean and Louis R. Jones
December 14, 1993
- 40-
~
PUBUC HEARING
ITEM # 37518
PLANNING
The following spoke in SUPPORT of the application:
Fred V. Watkins, Jr., Engineer, Phone: 456-9028, represented the applicant
Richard J, Ivey, Architect, 6465 College Park Square, #30, Phone' 424-0954, Architect
Attorney W. Edward Hudgins, 615 Lynnhaven Parkway, Phone' 463 -1054, represented Margaret
Drummond owner of the property.
The following spoke in OPPOSITION:
Lieutenant Commander Bryan P. Murphy, NAS Oceana, Phone. 499-9188, advIsed the property IS located
within AICUZ High Noise Impact Zone 3.
A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch to ADOPT an
Ordinance upon Application of CHURCH OF THE REDEEMER for a Conditional Use Permit for a
church on the South side of Shipps Corner Road, 1300 feet more or less East of Holland Road (3101
Shipps Corner Road), containing 12.39 acres (PRINCESS ANNE BOROUGH).
A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Council Lady Parker to DENY
an Ordinance upon Application of CHURCH OF THE REDEEMER for a Conditzonal Use Permit for
a church on the South side of Shipps Corner Road, 1300 feet more or les5' East of Hol/and Road (3101
Shipps Corner Road), containing 12.39 acres (PRINCESS ANNE BOROUGH)
ORDINANCE UPON APPLICATION OF CHURCH OF THE
REDEEMER FOR A CONDITIONAL USE PERMIT FOR A CHURCH
Ordinance upon application of Church of the Redeemer for a Conditzonal
Use Permit for a church on the south sIde of Shipps Corner Road, 1300
feet more or less east of Hol/and Road. Said parcel is located at 3101
Shipps Corner Road and contains 12.39 acres PRINCESS ANNE
BOROUGH.
Voting:
5-5 (MOTION FAILED DUE TO A TIE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, John D Moss, Mayor Meyera
E Oberndorf and Nancy K Parker
Council Members Votzng Nay
John A. Baum, Linwood O. Branch, III, LouIs R Jones, Paul J Lanteigne
and Vice Mayor WIlliam D. Sessoms. Jr.
Council Members Absent:
Robert K Dean
December 14, 1993
- 41 -
~
PUBLIC HEARING
ITEM # 37519
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant
The City Clerk referenced the letter of Councilman Dean, advising of his absence and requesting
DEFERRAL of the application until January 11, 1993.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Counczl DEFERRED TO
THE CITY COUNCIL SESSION OF JANUARY 4, 1993, Ordznances upon applicatLOn of INDIAN
RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Change of
Zoning District Classifications.
ORDINANCES UPON APPLICATION OF INDIAN RIVER
PLANTATION, INe. AND INDIAN RIVER COUNTRY CLUB ESTATES,
L P., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-l TO R-20
Ordinance upon application of Indian River Plantation, Inc., and Indian
River Country Club Estates, LP., for a Change of Zoning District
Classification from AG-l Agrzcultural District to R-20 ResIdentIal
District on the following parcels:
parcel L: Located 650 feet north of Indian River Road beginning at a
point 600 feet more or less west of West Neck Road
Parcel 2: Located 1400 feet north of Indian River Road begmmng at a
point 1200 feet more or less west of West Neck Road
parcel 3: Located 1000 feet north of Indian River Road begmnzng at a
point 2100 feet more or less west of West Neck Road.
parcel 4: Located 600 feet north of Indian River Road beginnmg at a
point 2800 feet more or less west of West Neck Road.
Parcel 5: Located 1360 feet north of Indian River Road begmmng at a
point 5050 feet more or less west of West Neck Road.
The proposed zoning classification change to R - 20 is for single famIly
residential use at a density no greater than 1.7 dwelling umts per acre.
The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contain 63.3 acres. PRINCESS ANNE
BOROUGH
AND,
December 14, 1993
~
- 42-
PUBUC HEARING
PLANNING
ITEM # 37519 (Continued)
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, LP., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
R-20
Ordinance upon application of Indian River Plantation and Indian Rzver
Country Club Estates, LP., for a Change of Zoning Dzstrzct
Classification from AG-2 Agricultural District to R-20 Reszdential
District on the following parcels.
Parcel 1.;.. Located at the northwest intersection of Indzan River Road and
West Neck Road.
Parcel 2: Located 1200 feet North of Indzan River Road begznning at a
point 1650 feet more or less West of West Neck Road.
Parcel 3: Located 2880 feet more or less West of the zntersection of
Indian River Road and West Neck Road.
Parcel 4: Located 680 feet North of Indian Rzver Road begznmng at a
point 2750 feet more or less West of West Neck Road
Parcel 5: Located 2400 feet more or less North of Indzan Rzver Road
beginning at a point 3400 feet more or less West of West Neck Road.
~: Located 1250 feet North of Indzan Rzver Road begznmng at a
point 3800 feet more or less West of West Neck Road.
parcel 7: Located 1350 feet North of Indian River Road beginning at a
point 5320 feet West of West Neck Road
The proposed zoning classificatIOn change to R-20 zs for szngle family
residential land use at a density no greater than 1 7 dwellzng umts per
acre. The Comprehensive Plan recommends use of these parcels for
agricultural land use. Said parcels contazn 117 1 acres PRINCESS
ANNE BOROUGH.
December 14, 1993
- 43 -
~
PUBliC HEARING
ITEM # 37519 (Continued)
PLANNING
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay
None
Council Members Absent:
Robert K Dean
Item III-J.1.i and III-J.1j. were voted upon together
December 14, 1993
- 44-
Item ¡O-J.1.i.
-
PUBUC HEARING
ITEM # 37519 (Continued)
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant
The City Clerk referenced the letter of Councilman Dean, advisIng of his absence and requesting
DEFERRAL of the application until January 11, 1993.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council DEFERRED TO
THE CITY COUNCIL SESSION OF JANUARY 4, 1993, the Applications of INDIAN RIVER
PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., ROBERT F. RIPLEY and
THOMAS VANCE for a Variance to Section 44(b) of the SubdivisiOn Ordinance which requires lots
created by subdivision must meet all requirements of the City Zoning Ordinance, an Ordinances for a
Change of Zoning and a Conditional Use Permit.
Appeal from Decisions of Administrative Officers m regard to certain
elements of the Subdivision Ordinance, Subdivision for Indian River
Plantation, Inc., Indian River Country Club Estates, L P., Robert F
Ripley and Thomas Vance. Property zs located at the northwest
intersection of Indian River Road and West Neck Road PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, LP., THOMAS
VANCE AND ROBERT RIPLEY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-40 TO R-20
Ordinance upon application of Indzan River Plantation, Inc., Indian River
Country Club Estates, LP., Thomas Vance and Robert Rzpley for a
Change of Zoning District Classification from R-40 Residential Dzstrzct
to R - 20 Residential Distrzct on the following parcels
parcel l: Located on the north side of Indian River Road beginning at
a point 2300 feet more or less west of West Neck Road
Parcel 2: Located 1700 feet north of Indian River Road beginning at a
point 1150 feet more or less west of West Neck Road
parcel 3: Located on the north side of Indian River Rod beginning at a
point 5800 feet more or less west of West Neck Road
The proposed zoning classification change to R - 20 zs for single family
residential land use at a density no greater than 1.7 dwelling units per
acre. The Comprehensive Plan recommends use of this parcel for
agricultural land use. Sazd parcels contain 98.8 acres PRINCESS ANNE
BOROUGH.
December 14, 1993
- 45 -
~
PUBLIC HEARING
ITEM # 37519 (Continued)
PLANNING
AND,
ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION,
INC., INDIAN RIVER COUNTRY CLUB ESTATES, L P.. ROBERT F.
RIPLEY AND THOMAS VANCE FOR A CONDITIONAL USE PERMIT
FOR AN OPEN SPACE PROMOTION
Ordinance upon application of Indian River Plantatzon, Inc, Indzan River
Country Club Estates, L P., Robert F Ripley and Thomas Vance for a
Conditional Use Permit for an Open Space Promotion on certain
property located at the northwest intersection of Indian River Road and
West Neck Road. Said parcel contains 2792 acres PRINCESS ANNE
BOROUGH.
Voting:
10-0
Council Members Voting Aye:
John A. Bawn, Lznwood o. Branch, III. James W Brazier, Jr, Robert W.
Clyburn, Louis R. Jones, Paul J. Lan telgn e, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay.
Council Members Absent.
Robert K Dean
Items III-}.1.i. and III-}.lj. were voted upon together.
December 14, 1993
- 46 -
~
APPOINTMENTS
ITEM # 37520
Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED
PARKS & RECREATION COMMISSION
James H. Sellers
Lynnhaven Borough
Unexpired Term thru 08/31/94
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 47 -
~
AP PO INTMENTS
ITEM # 37521
Upon NOMINATION by VIce Mayor Sessoms, CIty Council:
PLANNING COMMISSION
APPOINTED:
Adabelle S. Riddick
Blackwater Borough
AND REAPPOINTED:
E. L. Cockrell, Jr.
At Large
Barbara J. Ferguson
Princess Anne Borough
4 Year Terms
01/01/94 - 12/31/97
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzllzam D.
Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent.
Robert K Dean
December 14, 1993
- 48-
I1m1..lII.=..lU
APPOINTMENTS
ITEM # 37522
Upon NOMINATION by VIce Mayor Sessoms, City Council:
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
APPOINTED:
James N. Banks
Scott P. Folck
Henry L. Livas, Jr.
REAPPOINTED:
William J. Fanney
4 Year Terms
01/01/94 - 12/31/97
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Willzam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 49 -
~
APPOINTMENTS
ITEM # 37523
Upon motion by VIce Mayor Sessoms, City Council CONFIRMED the following Appomtments.
VIRGINIA BEACH FOUNDATION, INC.
Dr. Edward E. Brickell
Major Area Banks
01/01/94 - 12/31/98
Andrew S. Fine
VIrginia Beach Circuit Court
01/01/93 - 12/31/97
Harry B. Price
US District - Eastern District of VIrginia
Norfolk Division
01/01/93 - 12/31/97
Ulysses Van Spiva
Board of Directors
01/01/94 - 12/31/98
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzllzam D
Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 50-
~
APPOINTMENTS
ITEM # 37524
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance to AMEND previous Ordinance to change the composition of
the FRANCIS LAND HOUSE BOARD OF GOVERNORS to eleven
(11) members to be appointed by City Council, with staggered terms,
and, authorize the Board of Governors to select up to twenty-two (22)
Directors.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr, Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wlllzam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 51 -
~
APPOINTMENTS
ITEM # 37525
ADD-ON
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Robert H. Callis, Jr.
Judith K. Connors
Gary Forrest
Joseph J. Owens
3 Year Terms
01/01/94 - 12/31/96
Mary L. Edmundson
Glenda H. Knowles
Nonie W. Waller
2 Year Terms
01/01/94 - 12/31/95
Johnnie L. Miller
James A. Stick
J. Robert Stiffler
Fielding L. Tyler
1 Year Term
01/01/94 - 12/31/94
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D
Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
December 14, 1993
- 52-
~
APPOINTMENTS
ITEM # 37526
BY CONSENSUS, City Council RESCHEDULED the followmg APPOINTMENTS:
HISTORICAL REVIEW BOARD
December 14, 1993
- 53 -
~
NEW BUSINESS
ITEM # 37527
COUNCIL-SPONSORED ITEMS
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in SUPPORT of the Resolution.
Upon motion by Councilman Moss, seconded by Vzce Mayor Sessoms, City Council ADOPTED:
Resolution requesting the General Assembly enact legislation requiring
the Commonwealth Transportation Board and the VIrginia Department
of Transportation (VDOT) exclude self-supporting toll roads from the
State Noise Abatement Policy.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R
Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vzce Mayor Willzam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and Robert K Dean
December 14, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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REQUESTED BY MAYOR MEYERA E. OBERNDORF
1
2
3
4
5
6
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
TO ENACT LEGISLATION REQUIRING THE
COMMONWEALTH TRANSPORTATION BOARD AND THE
VIRGINIA DEPARTMENT OF TRANSPORTATION TO
EXCLUDE SELF-SUPPORTING TOLL ROADS FROM THE
STATE NOISE ABATEMENT POLICY
7
under
Noise
Abatement
Policy
the
State
WHEREAS,
8
(hereinafter referred to as the Policy)
effect,
in
currently
9
localities are required, on all non-federal aid road projects, to
pay fifty per cent (50%) of the cost of noise abatement measures
and to have in effect an ordinance requiring developers to provide
noise abatement measures for all new residential and other noise-
sensitive developments adj acent to existing highways or known
future highway corridors;
WHEREAS,
according
of
Virginia
to
the
Department
Transportation (VDOT) , the Policy applies to highways which are
self-supporting through the collection of tolls as well as to other
highways;
WHEREAS, the Policy does not allow VDOT funding of noise
abatement
along
are
Route
unless
such
44
measures
measures
installed
conjunction with
an
ongoing highway
improvement
in
project; and
WHEREAS, Route 44 is fully self-supporting through the
collection of tolls,
such that it provides a source of State
funding of noise abatement measures;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the General Assembly be, and hereby is, requested to
enact
appropriate
legislation
Commonwealth
requiring
the
Transportation Board and the Virginia Department of Transportation
to exclude from the State Noise Abatement Policy highways which are
self-supporting through the collection of tolls and to allow noise
33
34
35
36
37
38
39
40
abatement measures on such highways, including existing highways,
to be funded through the collection of tolls.
the
14
Adopted by the Council of the City of Virginia Beach on
December
day of
CA-93-5379
\wmordres\vdot.res
R-1
11-26-93
, 1993.
~~............. "'1
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2
- 54 -
~
NEW BUSINESS
ITEM # 37528
COUNCIL-SPONSORED ITEMS
The following spoke in OPPOSITION to the Ordinance:
Joe Gianascoli, Chairman of the Board - Vlrignia Beach Events Unlimited.
Jimmy Capps, Owner - The Breakers
Sarah Orth, Oceans One, Atlantic Avenue,
Michael Barrett, CEO - Runnymede CorporatIOn,
Senator Clarence Holland
A motion was made by Councilman Branch, seconded by Councilman Lanteigne to ADOPT Ordinance
authorizing and directing the City Manager adjust the term of the City's Agreement with Virginia Beach
Events Unlimited, Inc.; develop and issue a Request for Proposal (RFP) re entertainment/events program
in the Resort Area; establish a Committee to review the proposals submitted in response to the RFP and
make recommendation for the selection of a contractor for the Program.
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Moss, City Council:
VOTED TO EXTEND the current contract with Virginia Beach Events
Unlimited, Inc. thru June 30, 1994, as originally intended. A Request for
Proposal (RFP) will be issued July 1, 1994; bids received by October 31;
and, selection by December 31, 1994.
Voting:
6-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Louzs R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
Linwood O. Branch, III, James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Abstammg:
VIce Mayor Willzam D. Sessoms, Jr.
Council Members Absent:
Robert K Dean
VIce Mayor Sessoms DISCLOSED pursuant to Section 2.1-63914(G) of the Code of Vzrginia, and
ABSTAINED as he is an ad hoc member of the Board of Directors of Vzrignia Beach Events Unlimited,
Inc. VIce Mayor Sessoms's letter of December 14, 1993, zs hereby made a part of the record
December 14, 1993
City- e>f Virgi:rìia Beach
WILLIAM 0 SESSOMS JR
VICE MAYOR
809 GREEN TREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 455-5732
December 14, 1993
Mrs. Ruth Hodges Smith, CMC/ AAE
City Clerk's Office
Municipal Center
Virginia Beach, V A 23456
Re:
Abstention Pursuant to Section 2.1-639.14(£), Code of Virginia
Dear Mrs. Smith :
Pursuant to the Virginia Conflict of Interests Act, § 2.1-639. 14(E), Code of Virginia,
I make the following declaration:
1.
The transaction for which I am executing this written disclosure is the City
Council consideration of an ordinance authorizing and directing the City
Manager to adjust the tenn of the City's agreement with Virginia Beach
Events Unlimited, Inc.
2.
The nature of my interest in the ordinance is that I am an ad hoc member of
the Board of Directors of Virginia Beach Events Unlimited, Inc.
3.
Although the City Attorney has advised me that I am not required to disclose
this interest as it does not meet the criteria of a personal interest in the
transaction under the Conflict of Interests Act, I wish to disclose this interest
and abstain from participating in this transaction.
Mrs. Ruth Hodges Smith
-2-
December 14, 1993
Re: Abstention Pursuant to Section 2. 1-639. 14(E), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
r
/cJdJ/ /'
William D. Sessoms, r.
V ice-Mayor
WDS,Jr./clb
Enclosure
City- e>f" VTi1-giJ ~i£~
I 3c£ ~C 1-1
LESLIE L LILLEY
CITY AI lor~NEY
MIINICIf'I\I n:Nlr n
VIIHoIt-JIAIHACH V/i'1j1r,G< ()O1
(801) 427 1'>31
fAX (801) ,1;:>6 56R7
December 14, 1993
Vice-Mayor William D. Sessoms, Jr.
Municipal Center
Virginia Beach, V A 23456
Re:
Conflict of Interests Opinion
Dear Vice-Mayor Sessoms:
I am writing in response to your request for an opinion regarding your ability to
participate in the Council discussion and vote on an ordinance authorizing and directing the
City Manager to adjust .the term of the City's agreement wIth VIrginia Beach Events
Unlimited, Inc. The ordinance is scheduled for the December 14, 1993, nleeting of the
Council.
Summary ¡Conclusion:
From my review of the Conflict of Interests Act and the information provided by you
as referenced below, I am of the opinion that you do not have a personal interest in the
transaction of the Virginia Beach City Council concerning an ordinance authorizing and the
City Manager to adjust the tenn of the City's agreement with Virginia Beach Events
Unlimited, Inc. Thus, yollare pennitted to participate in this Inatter without restriction. For
your infonnation, I have outlined the disclosure requirements of Section 2.1-639.14(G)
should you desire to disclose your relationship and vote; I have also set forth the applicable
provisions for abstention set forth in Section 2.1-639 .14(E), should you choose not to vote.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon this
opinion if they are correct and complete.
Vice-Mayor William D. Sessoms, Jr.
-2-
December 14, 1993
Re:
Conflict of Interests Opinion
Facts presented.l
Your request for an advisory opinion is generated by the Council's consideration of
an ordinance authorizing and directing the City Manager to adjust the term of the City's
agreement with Virginia Beach Events Unlimited, Inc. You have advised that your concern,
and reason for requesting this opinion, is that you are an ad hoc member of the Board of
Directors of Virginia Beach Events Unlimited, Inc. You have further advised that you
receive no salary or other compensation from Virginia Beach Events Unlimited, Inc., own
no equity in Virginia Beach Events Unlimited, Inc., and do not assume any liability on behalf
of Virginia Beach Events Unlimited, Inc.
Issue:
Are you precluded from participating in Council's consideration of an ordinance
authorizing and directing the City Manager to adjust the term of the City's agreement with
Virginia Beach Events Unlimited, Inc.?
Discussion:
I.
Applicable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict
of Interests Act.
B.
You are an officer within the meanIng of § 2.1-639.2 of the above-referenced
Act.
C. Council consideration of the aforementioned ordinance is a II transaction II as
defined by the Act. A transaction includes any matters considered by any governmental
agency on which official action is taken or contemplated.
D. IIPersonal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the Interest exceeds $10,000.00 in value,
Vice-Mayor William D. Sessoms, Jr.
-3-
December 14, 1993
Re:
Conflict of Interests Opll1l0n
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II.
Application of Definitions
A.
Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the defmition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Virginia Beach Events Unlimited, Inc., a non-
stock corporation: you do not own affected real or personal property which interest exceeds
$10,000 in value; nor do you have any personal liability incurred or assumed on behalf of
the corporation. Therefore, I conclude that you do not have a personal interest in Virginia
Beach Events Unlimited, Inc., as defined by the Conflict of Interests Act. I
lThree opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
CO! Adv. Ope No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. CO! Adv. Ope No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a "personal interest" in either body and, thus, need not
disqualify hImself from participating in a transaction involving both bodies. eOI Adv. Ope No. 76
(1986).
See also § 13.1-814 which provides that no dividend shall be paid and no part of the income of
a non-stock corporation shall be distributed to its members, dIrectors or officers.
Vice-Mayor William D. Sessoms, Jr.
-4-
December 14, 1993
Re:
Conflict of Interests Opinion
B.
Personal Interest in the Transaction
You do not have a Itpersonal interest It, as defined above; therefore, you cannot have
a "personal interest in the transaction It under the definition of the Act.
ill.
Disclosure Requirements
Based on the fact that you do not have a personal interest in an ordinance authorizing
and directing the City Manager to adjust the term of the City's agreement with Virginia
Beach Events Unlimited, Inc., it is my opinion that you are able to participate in City
Council's discussion and vote on the ordInance without restriction. Consequently, there is
no disclosure requirement.
118
118
118
The Conflict of Interests Act deals with the types of influences upon a public officer's
Judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that regard, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in the transaction without
restriction. However, if you are concerned that participatIng in the transaction could create
an unacceptable appearance, there are two options available to you which may diffuse any
perception problems that may arise:
1.
You may either disclose the facts as presented herein and proceed to
vote as to this transaction; or
2.
You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide,
in the alternative to declare your interest and abstain, a proposed disclosure letter which
complies with § 2.1-639 . 14(E) is also enclosed. You may either make the declaration orally,
which will be recorded in the written minutes of the City Council, or you may file a signed
written declaration with the Clerk of the CIty Council, who shall retain and make the
declaration available for public inspection for a period of five years from the date of
recording or receipt.
- - -- - -
î--- ---- --
Vice-Mayor William D. Sessoms, Jr.
-5-
December 14, 1993
Re:
Conflict of Interests Opinion
Please contact me should you desire any additional information.
Very truly yours,
~l:5(Jj12~
Leslie L. Lilley ~
City Attorney
LLL/RMB/dmc
Enclosure
------
- 55-
~
NEW BUSINESS
ITEM # 37528
COUNCIL-SPONSORED ITEMS
Wally Erb, 150 Cayuga Road, Phone: 497- 7451, registered in SUPPORT.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered lfl OPPOSITION.
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, Clty Council ADOPTED:
Ordinance to AMEND and REORDAIN Ordinance No 93 -2222/ re
establish alternative personal property tax levy rate for one (1) motor
vehicle owned by a qualified elderly or disabled person
This Ordinance shall not be constrained by Resolution R92-02130 ADOPTED by the Council of the City
of Virginia Beach, Virginia on November 3, 1992.
Voting:
5-4
Council Members Voting Aye:
James W. Brazier, Jr, Robert W Clyburn, Paul J. Lantelgne, Mayor
Meyera E. Oberndorf and Vice Mayor Willlam D Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Louis R. Jones, John D Moss and Nancy K Parker
Council Members Absent:
Linwood O. Branch, III and Robert K. Dean
December 14, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Requested by Councilmember Paul J. Lanteigne
1
2
3
4
5
6
AN ORDINANCE TO AMEND AND REORDAIN
ORDINANCE NO. 93-2222I BY
ESTABLISHING AN ALTERNATIVE PERSONAL
PROPERTY TAX LEVY RATE FOR ONE MOTOR
VEHICLE OWNED BY A QUALIFIED ELDERLY
OR DISABLED PERSON
7
WHEREAS, by ordinance adopted May 11,1993 (Ordinance No. 93-
2222I), City Council established the tax levy on personal property
8
9
and machinery and tools for the calendar year 1994; and
WHEREAS,
pursuant to section 58.1-3506.1 of the Code of
Virginia (1950), as amended, City Council desires to amend that
ordinance to provide for an alternative personal property tax levy
rate on one motor vehicle owned by a qualified elderly or disabled
person.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Ordinance No. 93-2222I which was adopted by City Council
on May 11, 1993, and which is attached hereto as Exhibit "A", is
hereby amended and reordained by adding a new section 15A to read
as follows:
~
VEHICLE OWNED AND
USED PRIMAR
-FIVE YEARS OF AGE OR
ANYONE FOUND
1li.
In accordance wttn Sections 5~-3506.1 et sea. o~
Code 0
be a reduced tax
ended
.J.evy rate oL..t}1ree d,QlJ.ars ~ . 00) on eacþ one þund~ars
liJOO.OO~f assessed va~on on one OJ motor vehigJe owneq anq
useq primar~v or for anyone a~eas~xty-{Jve years of age or
a
as defined i
Section 5~506.3~e Code of VU:ginj.a (J.950). as amend~
sub ect to the
s.
k
~he total com~income receiveq. exclYQjnq the
~t $7.500 o~ncome. from ~ sources d~ng ca¡enqar year ¡993
t
þy the owner of.-tþe ~ veb.J&J.e shAll not exceeq twenty-two
~housand~ars ($22.000~
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
~
,
includin
the
present value of aU equ~terests. as oL.December 3-1-2.f.
calendar
residence
~he lanq. not exceeq!ng one acre. upon w~s situated~
shall not exceed s
70 000 .
h
s
sha
be
compu~by aagreqatjna ~ncome and assets. as ~he case may ~
of a
and sha
be
dwe
a
oed to
bene °t of
,t.he
~ferent~tax
permitteq
tbj.s
ordJnance.
:tA.. t e
unqer
jrrespectjve o~w such motor ve~e may be t~tled~
ßù.
~nv such motor ve~e owne~bv a ~banq an~e may
is
in subsection
Adopted by the Council of the City of Virginia Beach, Virginia
on the
day of
December
, 1993.
14th
CA-5383
\ORDIN\NONCODE\ALTERNATIVE.ORD
R-l
PREPARED: November 30, 1993
2
---~~ -~-
---~-~--
10
11
12
13
15
16
17
18
19
20
21
22
23
25
26
27
IIExhibit All
0 R D - Ð 3 - 2 2 2 2):
1
2
3
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND
TOOLS FOR THE CALENDAR YEAR 1994.
4
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
5
6
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there
7
shall be levied and collected for general purposes for the calendar year 1994, taxes on all tangible
8
personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the
9
rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) assessed valuation
thereof
In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain
household goods and personal effects as defined therein shall be exempt from taxation.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL
PROPERTY USED AS MOBilE HOMES.
In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all vehicles
without motor power used or designated to be used as mobile homes, at the rate of one dollar and
fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR
MORE
In accordance with section 58 1-3506 (A)(1) of the Code of Virginia (1950). as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all boats or
watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one
hundred dollars ($100) of assessed valuation thereof.
Section 4. AMOUNT OF lEVY ON .CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES. CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there
28
shall be levied and collected for general purposes for the calendar year 1994 taxes on all tangible
29
personal property certified by the Commonwealth of Virginia as .Certlfied Pollution Control Equipment
30
and Facilities. not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each
31
one hundred dollars ($100) of assessed valuation thereof.
,
32
33
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
56
57
58
59
60
61
62
63
64
Section 5. TAX EXEMPTION FOR FARM MACHINERY AND IMPLEMENTS, FARM TOOLS. AND
FARM LIVESTOCK INCLUDING ALL HORSES. POULTRY. AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
In accordance with Section 58.1-3505 (B) of the Code of Virginia (1950), as amended, all farm
machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains
and feeds used for the nurture of farm livestock and poultry, are exempt from personal property
taxation.
Section 6. AMOUNT OF lEVY ON MACHINERY AND TOOLS
In accordance with Section 58 1-3507 of the Code of Virginia (1950), as amended, there shall
be levied and collected for general purposes for the calendar year 1994 taxes on machinery and tools,
not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of
assessed valuation thereof.
Section 7. AMOUNT OF lEVY ON AIRCRAFT.
In accordance with Section 58 1-3506 (A)(2,3) of the Code of Virginia (1950). as amended,
there shall be levied and collected for general purposes for the calendar year 1994 taxes on all aircraft
at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
Section 8. AMOUNT OF lEVY ON ANTIQUE AUTOMOBilES.
In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950). as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all antique
automobiles at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100)
of assessed valuation thereof.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
In accordance with Section 58.1-3506 (A) (6) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all heavy
construction equipment at the rate of three dollars and eighty cents ($3 80) on each one hundred
dollars ($100) of assessed valuation tllereof.
Section 10. AMOUNT OF lEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
.
PERSONAL PROPERTY
In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all research
and development tangible personal property, not exempt from taxation, at the rate of one dollar ($1)
on each one hundred dollars ($100) of assessed valuation thereof.
---- 1
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Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
....
,
In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all energy
conversion equipment at the rate of one dollar ($1 ) on each one hundred dollars ($100) of assessed
valuation thereof.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there
shall be levied and collected for general purposes for the calendar year 1994 taxes on all computer
hardware used by businesses primarily engaged In providing data processing services to other
nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty
cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND
WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950). as amended,
there shall be levied and collected for general purposes for the calendar year 1994 taxes on all
privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one
dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof.
Section 14. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR
HOMES USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(15) of the Code of Virginia (1950), as amended,
there shall be levied and collected for general purposes for the calendar year 1994 taxes on all
privately owned camping trailers and motor homes as defined In Section 46.2-100 of the Code of
Virginia (1950), which are used for recreational purposes only, at the rate of one dollar and fifty cents
($1 50) on each one hundred dollars ($100) of assessed valuation thereof.
Section 15. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED
BY A DISABLED VETERAN.
In accordance with Section 58.1-3506(A) (16) of the Code of Virginia (1950), as amended,
there shall be a reduced tax levy rate of one dollar and fifty cents ($1.50) on each one hundred dollars
($100) of assessed valuation on one (1) motor vehicle owned and regularly used by a veteran who
has either lost, or lost the use of, one or both legs, or an arm or a hand, or who IS blind, or who is
permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor
vehicles In addition to the one (1) so taxed shall not qualify for the taxation at the rate established
herein, and shall be taxed at the rate or rates applicable to that class of property. In order to qualify,
the veteran shall provide a written statement to the Commissioner of Revenue from the Department of
Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans'
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Affairs as to meet the requirements of Section 58.1-3506(A) (16), and that his disability Is service
connected. For purposes of this ordinance, a person is blind if he meets the provisions of Section
46.2-739 of the Code of Virginia (1950), as amended.
Section 16. ASSESSED VALUE DETERMINATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal
property mentioned in the above sections shall be assessed at actual fair market value, to be
determined by the Commissioner of Revenue for the City of Virginia Beach.
Section 17. CONSTITUTIONALITY.
That If any part of parts, section or sectIons, sentences, clause, or phrase of this ordinance is
for any reason declared to be unconstitutional or Invalid, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 18. EFFECTIVE DATE.
This ordinance shall be In effect January 1, 1994.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of May, 1993.
F :\94BUDGE1\DOCU M E NT\ORDFINAL
U:!¡J5
- 56 -
~
NEW BUSINESS
ITEM # 37529
COUNCIL-SPONSORED ITEMS
The following spoke in SUPPORT of the Ordinance:
James M. Pendergast, 5376 Club House Road, Phone: 490-4753
Tom Fraim, 2461 Sandfiddler Road, Phone: 721-3366
The following spoke in OPPOSITION to the Ordinance.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Maxine C. Graham, 3057 South SandpIper Road, Phone: 721-3000
Upon motion by Councilman Lanteigne, seconded by Councilman Jones, City Council J4DOPTED, as
AMENDED * :
Ordinance authorizing the City Manager convey to the Commonwealth
of Virginia all right, title and interest of the City of Virglma Beach to
property in the Sandbridge area subject to agreement by the
Commonwealth to become the exclusIve local sponsor re cost-shared
federal beach nourishment or hurricane protection project for the
Sandbridge area.
*The word "some" shall be inserted on line 20 after the word
"WHEREAS" and before the verbIage" property owners of Sandbrzdge
desire.. " on Councilman Moss's amended version.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W BrazIer, Jr, Robert W
Clyburn, Louis R. Jones, Paul J. LanteIgne, John D Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
This item was MOVED FORWARD prior to Item III-M.1.b. (Virgima Beach Events UnlimIted, Inc.)
December 14, 1993
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AN ORDINANCE AGREEING TO CONVEY TO THE
COMMONWEALTH OF VIRGINIA ALL RIGHT, TITLE AND
INTEREST OF THE CITY OF VIRGINIA BEACH TO
PROPERTY IN THE SANDBRIDGE AREA SUBJECT TO
AGREEMENT BY THE COMMONWEALTH TO BECOME THE
EXCLUSIVE LOCAL SPONSOR FOR A COST-SHARED
FEDERAL BEACH NOURISHMENT OR HURRICANE
PROTECTION PROJECT FOR THE SANDBRIDGE AREA
9
WHEREAS,
erosion
beach
continues
reestablish the
to
westwardly in the Sandbridge area;
WHEREAS,
this
oceanfront
erosion
severely
threatens
homes;
WHEREAS,
Sandbridge's land and buildings represent a
major segment of property holder's financial portfolioa; and
WHEREAS,
some property owners of Sandbridge desire a
commitment
from the Commonwealth to assist
in protecting and
maintaining these resources by agreeing to act as the sponsor for
a cost-shared federal beach nourishment or hurricane protection
project for the Sandbridge area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That upon agreement of the Commonwealth of Virginia to
serve as an exclusive local sponsor, without cost participation by
the
City
a
of Virginia
Beach,
for
cost-shared
federal
beach
nourishment or hurricane protection project for the Sandbridge
area, and upon approval, appropriation of funding, and adequate
assurance of construction of such project, the City Manager shall
have
the
authority
the
quitclaim
release,
and
to
vacate,
to
Commonwealth of Virginia,
for public recreation use, all right,
title,
and interest of the City of Virginia Beach to certain
property located in the Sandbridge beach area situate in the City
of Virginia Beach as described and more particularly identified in
Exhibit A, which is attached hereto and incorporated by reference
herein.
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45
46
BE IT FURTHER ORDAINED:
That the City Clerk is hereby directed to provide a
certified copy of this ordinance to one or more members of the
city's local delegation to the Virginia General Assembly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of December
14
, 1993.
Adoption of this Ordinance requires nine (9) affirmative
votes.
CA-5364
NONCODE\Sand.Ord
R-3
12/15/93
2
- --- ------
A.
B.
c.
D.
E.
Exhibit "All
~
~
2434 05 5305
4.38 Ac. North
Beachfront Parcel
Area
Sec
1
2434 11 6996
13.5 Ac. Beachfront Parcel
2434 11 6589
1.4 Ac. Residue Parcel
2434 11 7352
.5051 Ac. Sec 1 Lot C
2434 11 8063
2.53 Ac. Sec 1 Tract B Lot B-1
F.
2434 11 5201
.5599 Ac. See 1 Lot C
G.
2434 10 6901
2.15 Ac. Parcel pt Area B-3 Sec 1
, Lot B-1 Tract B
H.
2434 20 1692
20.8 Ac. Tract B See 1 Beachfront
Parcel
I.
2433 36 7079
6.9 Ac. Beachfront Parcel
J.
2432 72 6712
123.47 Ac. Little Island Rec Area
-- -----
- 57-
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NEW BUSINESS
ITEM # 37530
ADD-ON
Assistant City Attorney Gary Fentress advised the Staff did meet with Attorney W Edward Hudgins
representing Margaret Drummond, owner of the property involved in the AppllcatlOn of CHURCH OF
THE REDEEMER for a Conditional Use Permit. concerning opportUnItIes avaIlable to attempt to relIeve
some of the tax burden. However, there is a statute of limitations to correct roll-back assessments The
roll back occurred in June 1990. Therefore, the roll back could not be elIminated
If City Council could declare void the Ordinance rezoning the property In 1990, there could be tax relief
as a result of adjusting evaluation from commercIal to agricultural values Mrs. Drummond mIght also
be able to requalify for land use assessment.
J erald Banagan, Real Estate Assessor, advised there were two rezonzngs on the property In 1988 and
1990. If both Ordinances were rescinded, Mrs. Drummond would receive a refund of approximately
$20,000 to $25.000.
A wriUen report wIll be distributed to City Council. This Item wIll be SCHEDULED for a future CIty
Council Session.
December 14, 1993
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ADJOURNMENT
ITEM # 37531
Upon motion by Councilman Bawn and BY CONSENSUS, City Council ADJOURNED at 7:05 P.M.
(J)~_¡l.H~____-
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~t?~~-'"'-~---
Ruth Hodges Smith, CMC/AAE
City Clerk
--------------------------
Meyera E Oberlldorf
Mayor
City of Virginia Beach
Virginia
December 14, 1993