HomeMy WebLinkAboutFEBRUARY 28, 1995 MINUTESCity of Virginia ~3~ach
"WORLD'S LARGEST RESORT CITY"
C[TY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Bfackwater Borough
LFNWOOD O. BRANCH, ll(, Virginia Beach Borough
KOBERT K. DEAN, Princess Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
BARBARA M. HENLEY, Pungo Borough
1.OU15 R. JONES, &ryside Borough
JOFIN ll. MOSS, At-Large
NANCY K. PARKER, At-Large
LOUISA M. STRAYFiORN, Kempsville Borough
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
CITY COUNCIL AGENDA
FEBRUARY 28, 1995
I. CITY MANAGER'S PRESENTATION - Council Chamber -
A. VOLUNTEER COUNCIL Annual Report
Mrs. Mary Russo, Coordinator
II. CITY MANAGER'S BRIEFING - Council Chamber
A. REAL ESTATE ASSESSMENTS - FY 1995/1996
Mr. J. D. Banagan, City Assessor
III. INFORMAL SESSION
- Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. CITY COUNCIL CONCERNS
D. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Ted James
First Baptist Church of Virginia Beach
4:00 PM
5:00 PM
6:00 PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
(804) 4274303
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
F.
G.
CERTIFICATION OF EXECUTIVE SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS
- February 14, 1995
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 re Harbour Point Road Extended (CIP #2-218)
(LYNNHAVEN BOROUGH):
a. APPROPRIATE $77,000 reimbursement from Virginia
Department of Transportation (VDOT); and, increase
revenues accordingly.
b. TRANSFER $462,000 from the Rudee Inlet Bridge (CIP #2-903
to Harbour Point Road Extended (CIP #2-218) re additional
construction and acquisition costs.
2. Ordinances re Department of Mental Health/Mental Retardation
FY 1994-1995 Operating Budget:
a. APPROPRIATE $335,000 from the Fund Balance of the
MH/MR/SA Special Revenue Fund to the FY 1994-1995
Operating Budget to fund enhancements to the Department's
Management Information System (MIS).
b. ACCEPT and APPROPRIATE $126,294 in federal revenue,
$24,415 in state revenue, $66,426 in fee revenue and
$61,463 in other revenue re additional funding; and,
estimated revenues be increased accordingly to offset
these appropriations.
c. TRANSFER $119,000 within the FY 1994-1995 Mental
Health/Mental Retardation Operating Budget re purchase of
six replacement motor vehicles.
d. CREATE two (2) new full-time permanent positions to
provide additional Substance Abuse services.
e. Authorize City Manager to execute any grant agreements
associated with the acceptance and appropriation of these
funds.
3. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Taxi
Diamond Taxi/Yellow Cab of Virginia Beach
4. Ordinance to authorize Tax Refunds in the amount of $3,977.33.
H. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION OF CONDITIONS (NUMBERED ONE AND TWO) in
the August 19, 1985, approved Application (RHW, INC., T/A
BOB WEAVER' S AUTO SALES ) for a Conditional Use Permit for
auto repairs and service for FERMA TERRA, INC. (FRANK
BOYNTON, PRESIDENT) at 3427 Holland Road (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
b. RECONSIDERATION TO DELETE CONDITION NUMBER THREE in the
March 22, 1994, approved Application of BIG BERTHA
INVESTMENTS, A VIRGINIA PARTNERSHIP for a Conditional Use
Permit for an outdoor recreation facility (rental of
water recreational vehicles) at 3319 Shore Drive
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
c. RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the
February 11, 1992, approved Application of SOL W. COHEN
for a Street Closure of a portion of Croatan Road at the
Northeast corner of Croatan Road and General Booth
Boulevard (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
d. Applications of THELMA BRITT HARRIS re property located
on the North side of Indian River Road beginning at a
point 4010 feet more or less West of West Neck Road,
containing 18 acres more or less (PRINCESS ANNE BOROUGH):
(1) Conditional Change of Zoning District
Classification from R-40 Residential District to
AG-1 Agricultural District
(2) RECONSIDERATION OF PROFFERS in the July 14, 1992,
approved Conditional Change of Zoning to R-40
Residential District (Amends the proffered
development plan and incorporates eleven (11)
residential lots into the adjacent development)
(3) Variance to Section 4.4(b) of the Subdivision
Ordinance re lot width requirements.
Recommendation: APPROVAL
e. Application of BAYLAKE PINES PRIVATE SCHOOL for a
Conditional Use Permit for a private school (addition) on
the North side of Shore Drive, 180 feet East of Vantage
Point Road (4444 Shore Drive), containing 4.978 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Application of DAE IK CHONG for a Conditional Use Permit
for truck rentals at the Southeast corner of Virginia
Beach Boulevard and North Birdneck Road (1085 Virginia
Beach Boulevard), containing 1.0474 acres (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
g. Application of CHERYL J. KINNEY for a Conditional Use
P rmi for a home occupation (baton twirling classes) at
the Southwest corner of Lavender Lane and Carnation
Avenue (553 Lavender Lane), containing 8,834.54 square
feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
I. APPOINTMENTS
PERSONNEL BOARD
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
YOUTH SERVICES COORDINATING COUNCIL
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Ordinance to
Division 2.5
Virginia, by
to establish
Mayor Meyera
Strayhorn)
AMEND and REORDAIN Chapter 2, Article VI,
of the Code of the City of Virginia Beach,
ADDING Sections 2-224.8, 224.9, and 224.10
a Minority Business Council. (Sponsored by
E. Oberndorf and Councilwoman Louisa M.
b. Ordinance to AMEND and REORDAIN Chapter 2, Article VI,
Division 2.5 of the Code of the City of Virginia Beach,
Virginia, by DELETING Section 2-220.1 and ADDING
Subdivision 4, Sections 2-224.1, 2-224.2, 2-224.3, 2-
224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re
Procurement. (Sponsored by Mayor Meyera E. Oberndorf and
Councilwoman Louisa M. Strayhorn)
L. ADJOURNMENT
suncgr/c_i_r_ IIaviav sc~uis
BUDGET/C.I.P. Thursday March 30* 12 Noon Council Chamber
PRESENTATION
WORKSHOP Tuesday April 04 10 AM - Noon Council Conference Room
WORKSHOP Tuesday April 11 10 AM - Noon Council Conference Room
WORKSHOP Tuesday April 18 4 PM - 6 PM Council Conference Room
PUBLIC HEARING Thursday April 20 7 PM Larkspur Middle School
WORKSHOP Tuesday April 25 2 PM - 4 PM Council Conference Room
PUBLIC HEARING Tuesday May 02 2 PM Council Chamber
FINAL WORKSHOP Thursday May 04 9 AM -11 AM Council Conference Room
BUDGET/C.I.P. Tuesday May 09 2 PM Council Chamber
ADOPTION
* * * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * * * *
02/24/95bap
AGENDA\02-28-95.PLN
MINUTE S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 28, 1995
Mayor Meyera E. Oberndorf called to order the PRESENTATION -VOLUNTEER COUNCIL REPORT
to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday,
February 28, 1995, at 4:00 P.M.
Council Members Present:
John A. Baum, Robert K Dean, Barbara M. Henley, Louis R. Jones,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Yzce
Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Absent:
Linwood O. Branch, III [ENTERED: 4:08 P.M.J
William W. Harrison, Jr. [ENTERED: 4:13 P.M.J
-2-
VOLUNTEER COUNCIL ANNUAL REPORT
4: DO P.M.
ITEM # 38842
Mrs. Mary Russo, Coordinator -Volunteer Council advised since 1978, the City Council has made it
possible for citizens of Yrginia Beach to participate in the delivery of services by City Government. Their
leadership has been a continued commitment to volunteerism and is greatly appreciated. The Volunteer
Program in Virginia Beach is based on partnership between citizens and City staff who work together for
the good of the community. This partnership is also evident in the Volunteer Council structure. Mrs.
Russo introduced her Co-Chair, Diane Roche, and her staff assistants: Doris Hindlin and Rosemarie
Morehead. Mrs. Russo recognized Ruth Hodges Smith -City Clerl~ as being a vital part of the Volunteer
program for many years. Mrs. Russo requested all members of the Volunteer Council in attendance to
stand.
In 1994 approximately 7,000 volunteers contributed over I-MILLION hours of service valued at more
than $l3-MILLION. These figures do not include the volunteers on Boards and Commissions and the
School System.
With the utilization of overheads, Mrs. Russo depicted:
Annual Report -Two Year Comparison in all Categories with increases
Annual Statistics for 1994
Ten Year Summary
Providing the same level of municipal service, but without volunteers,
would require the City hire an additional 621 full time employees.
TEN YEAR SUMMARY
Yl+;tl.i't YliLtJl`/?~:i'S:~' ~IUJ1iS' la"l~''~'" Yf1I.J~' (~,)
1985 2,095 425,365 205 $ 3,223,501
1986 2,841 515,569 248 $ 3,818,434
1987 3,151 542,757 261 $ 4,420,009
1988 3,396 663,144 319 $ 5,893,397
1989 3,516 723,082 348 $ 7,478,465
1990 3,833 772,532 37l $ 8,263,903
1991 4,933 835,352 402 $ 9,201,753
1992 5,000 1,001,213 481 $10,923,339
1993 5,500 1,066,028 513 $11,335,348
1994 6,791 1,291,024 621 $13,064,851
Mayor Oberndorf expressed appreciation to Mrs. Russo and the Volunteer Council. Mayor Oberndorf
distributed forty-five packets on Volunteerism, Quality and Productivity in the City during her
presentation at the U.S. Conference of Mayors. The Mayor is still receiving "thank-you" letters from
the different cities who are going to implement the very programs begun in our City. The Volunteer
programs are definitely at the highest priority, receiving rave reviews throughout the Country.
February 28, 1995
-3-
BRIEFING
REAL ESTATE ASSESSMENTS - FY 1995/1996
4:14 P.M.
ITEM # 38843
Mr. J. D. Banagan, City Assessor, advised the Assessor's Office, this morning mailed approximately
81,000 Notices of Assessment for the Fiscal year 1996. The projected 1996 assessment of
$17,434,000,00 represents a 2.8% increase over the current assessment. Each penny of the tax rate
relates to $1,734,000 in revenue for a total of $198,749,000 at the current rate of $1.14.
Mr. Banagan displayed charts depicting FY 1995 Assessments as of January 1995, according to
Borough. The vast majority of the property in Pungo and Blackwater are under the Land Use
Assessment Program. The 3.1% overall increase is a comparison of January 1995 to January 1996.
PERCENT OF CHANGE IN ASSESSMENTS
Over All Mean Change Over All Median Change
2.06% 0%
Residential 1.72%
Apartment 3.35%
Commerical/ 3.30%
Industrial
Residential 0.1 %
Apartment 4.52%
Commercial/ 0 %
Industrial
Approximately 12% of Parcels Decreased
Approximately 51 % of Parcels had 0% Increase or Decreased
Approximately 64% of Parcels had an Increase of less than 2%
Approximately 73% of Parcels had an increase of less than 3%
Approximately 82% of Parcels had an increase of less than 4%
Approximately 88% of Parcels had an increase of less than 5%
Approximately 92% of Parcels had an increase of less than 6%
Approximately 94% of Parcels had an increase of less than 7%
Approximately 97% of Parcels had an increase of less than 8%
The demographics of housing changed very little from the previous year. The percent each housing
type comprises of the 118,530 total did not change at all. 71.8% of the housing is single family.
The mean assessment for single family increased from $118,300 to $121,400, with the median
assessment increasing from $94,000 to $96,900. All the other categories referenced increasing from
year to year reflected only slight increases. 25% of properties are valued between $50,000 and
$75,000. 30.3% are valued between $75,000 and $100,000 with 24.5% being valued between
$100,000 and $150,000. 6% are assessed less than $50,000. 4% (4700 houses) are greater than
$250,000. 732 houses are valued over $500,000.
Mr. Banagan displayed a chart depicting Residences By Year Built and the Mean Assessment. From
1990 to 1994, the Mean Assessment increased from $132,800 to $138,900. 47-I/2% of residential
properties have been built since 1980.
Residential, apartment, and agriculture properties comprise 81.4% of the tax base with commercial
and industrial properties constituting 18.6% of the tax base. The percentage of the tax base for
commerical/industrial properties declined 0.3% from the current year.
New construction for the past 12 months amounted to $234,000,000, which is an increase of 8.5%
from the previous year. Residential new construction was actually up by 9.7%, but
commercial/industrial new construction was down by 0.4%. Residential new construction amounted
to 88.5% of the total year construction, which commercial/industrial represented 11.5%. Growth in
land due to rezonings and subdivision amounted to approximately $28,983,000. Total growth in land
and buildings amounts to approximately 1.5% of the tax base.
February 28, 1995
-4-
BRIEFING
REAL ESTATE ASSESSMENTS - FY 1995/I996
ITEM # 38843 (Continued)
Mr. Banagan displayed a Chart depicting growth and appreciation/depreciation. This year there was
a 1.4% increase in growth and 1.4% increase in Appreciation for a total of 2.8%. The three years
prior to that there was very little Appreciation. In 1992 and 1993, there was a decline or depreciation
of proeprty.
LAND USE TAXATION FISCAL YEAR 1995
Number of Parcels Under Program 1,167
Number of Acres Under Program 47,229
Number of Acres of Land in the City 165,568
Percentage of City's Acreage Under Land Use 29%
The Proposed Land Use Values received from the State for 1996 are $600 an acre for agriculture.
Last Year, the City did not use the State recommendation, and locally determined from rents a rate of
$590. On Forest Land, the State is recommending $375. Last year the City added the risk component,
which had been deleted by the State many years ago.
The final chart depicted the Real Estate Tax Exemption/Deferral/Freeze for Senior Citizens and
Disabled Persons. In the current year 1,645 families were assisted, exempting taxes of $1,239,185.
Breakdown of Percentage Exemption
Percentage of Exemption
100%
80%
60%
40%
20%
Number of Applicants
962
l82
182
212
104
February 28, 1995
-5-
ITEM # 38844
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 28, 1995, at 4:31 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
February 28, 1995
-6-
ITEM # 38845
Vice Mayor William D. Sessoms, Jr. 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:
PERSONNEL MATTERS: Discussion or consideration of or
interviews of prospective candidates for employment assignment,
appointment, promotion, performance, demotion, salaries, disciplining,
or resignation of specific public officers, appointees, or employees
pursuant to Section 2.1-344 (A) (1).
To Wzt: Appointments: Boards and Commissions:
Personnel Board
Southeastern Hampton Roads Disability Services Board
Youth Services Coordinating Council
PUBLICLY-HELD PROPERTY.• Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of
an institution which could affect the value of property owned or
desirable for ownership 6y such institution pursuant to Section 2.1-
344(A)(3).
To-Wit: Acquisition/Disposition of Property -Princess Anne Borough
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council voted to
proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss,
Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 28, 1995
- 7-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
February 28, 1995
6:00 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, February 28, 1995, at 6:00
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION: Dr. T. E Thieman
Chaplain
PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Ban1~ disclosed there were no
matters on the agenda in which he has a 'personal interest", as defined in the Act, either individually
or in his capacity as an officer of Central Fidelity Banff The Ytce Mayor regularly makes this
Disclosure as he may or may not know of the Bank's interest in any application that may come before
City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
February 28, 1995
-8-
Item IV-E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 38846
Upon motion by Yzce Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered
6y Yrginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
~P~
ftAtt
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 # 38845, Page No. 6, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
uth Hodges mith, CMC/AAE
City Clerk
February 28, 1995
-9-
Item IV-F.1.
MINUTES
ITEM # 38847
Upon motion by Vice Mayor Sessoms, seconded 6y Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of February 14, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K Parker
Council Members Absent:
None
Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of
February 14, 1995.
February 28, 1995
-10-
Item IV-F.2.
ANNOUNCEMENT ITEM # 38848
ADD-ON
Mayor Oberndorf referenced telephone conversation with Congressman Owen Pickett, followed by a call
from Senator Robb, and then Secretary Dalton with the wonderful news OCEANA was not included on
the BRAC closing list. Oceana has been designated to receive and house the F-14's and F/A-18's from
Cecil Field. Over a period of years, this will amount to approximately 5,200 Naval personnel, 150
civilian personnel and possibly 6,000 families. The economic impact will amount to approximately $150-
MILLION ayear to the City and the region. There has been a team effort since August 1993.
Congressman Pickett, along with the entire Congressional Delegation regardless of party, has joined
together to make this accomplishment a reality. The City Manager and his staff, the Civic, Chamber
Leaders, retired military have also rendered valuable assistance in preparing for BRAC.
February 28, 1995
- I1 -
Item IV-F.3.
RECOGNITION ITEM # 38849
ADD-ON
Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their merit badges:
BOY SCOUT TROOP NO. 481
KINGS GRANT BAPTIST CHURCH
Scoutmaster Art Shaw
BOY SCOUT TROOP NO. 490
ST. GREGORY'S CATHOLIC CHURCH
Scout Leader -Ralph Conley
BOY SCOUT TROOP NO. 985
Scout Leader -Jeff Boyd
February 28, 1995
-12-
Item IV-F.4.
PUBLIC HEARING ITEM # 38850
ADD-ON
Mayor Oberndorf DECLARED a PUBLIC HEARING:
AGRICULTURAL RESERVE PROGRAM
The following registered in SUPPORT of the Agricultural Reserve Program:
Jan Eliassen, 1472 Mill Landing Road, Phone: 426-7102
Fred Adams, 1548 Edgewater Drive, Phone: 467-2275 -Chair of the local Sierra Club
Eleanor Marshall, 8208 Oceanfront, Phone: 428-6384, represented the Virginia Beach Chapter of the
National Audubon Society.
Bob Danner, 2601 West Landing Road, Phone: 426-7390
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
February 28, 1995
-13-
Item IV-G.
CONSENT AGENDA ITEM # 38851
Upon motion 6y Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE
MOTION, Items 1, 3 and 4 of the CONSENT AGENDA.
Item 2 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
-14-
Item IV-G.l.a/b.
CONSENT AGENDA ITEM # 38852
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance re Harbour Point Road Extended (CIP #2-218)
(LYNNHAVEN BOROUGH):
a. APPROPRIATE $77,000 reimbursement from Yrginia
Department of Transportation (VDOT); anti, increase revenues
accordingly.
b. TRANSFER $462,000 from the Rudee Inlet Bridge (CIP #2-
903 to Harbour Point Road Extended (CIP #2-218) re
additional construction and acquisition costs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
1
2,
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE TO APPROPRIATE $77,000 FROM VIRGINIA
DEPARTMENT OF TRANSPORTATION AND TRANSFER
$462,000 FROM THE RUDEE INLET BRIDGE PROJECT # 2-903
TO THE HARBOUR POINT ROAD EXTENDED PROJECT #2-218
FOR ADDITIONAL CONSTRUCTION AND ACQUISITION COSTS
WHEREAS, the Harbour Point Road Extended Project #2-218 is currently budgeted at
$2,321,000, with construction scheduled for completion prior to the arrival of the tourist season;
WHEREAS, construction bid results, real estate acquisition costs, and construction
completion requirements have resulted in a revised cost estimate for Harbour Point Road Extended
Project #2-218 of $2,860,000, an increase of $539,000;
WHEREAS, $77,000 of the increased costs will be reimbursed by the Virginia Department
of Transportation;
WHEREAS, the remaining $462,000 is available for transfer from the Rudee Inlet Bridge
Project #2-903.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that funds in the amount of $77,000 be appropriated from the
Virginia Department of Transportation to the Harbour Point Road Extended Project #2-218, with
a corresponding increase in revenues;
BE IT FURTHER ORDAINED that funds in the amount of $462,000 be transferred from
the Rudee Inlet Bridge Project #2-903 to the Harbour Point Road Project #2-218 for additional
construction and acquisition costs.
22 Adopted the 28 day of February , 1995, by the Council of the City of Virginia Beach,
23
24
Virginia.
This ordinance shall be in effect from the date of its adoption.
APPROVED AS TO CONTENT
Walter C. Krae r.
Department of Management and Budget
F
b.. ~' ~ .F 'aka ~ ,,..
swj\council\hazbrude.ord
-15-
Item IV-G.2.a/b/c/d/e.
CONSENT AGENDA ITEM # 38853
Dr. Dennis I. Wool, Executive Director -Community Services Board and Jim Duffy, lead staff person
in MIS acquisition, responded to City Council inquiries
Upon motion by Vice Mayor Sessoms, seconded 6y Councilman Branch, City Council ADOPTED:
Ordinances re Department of Mental Health/Mental Retardation FY
1994-1995 Operating Budget:
a. APPROPRIATE $335,000 from the Fund Balance of the
MH/MR/SA Special Revenue Fund to the FY 1994-1995
Operating Budget to fund enhancements to the Department's
Management Information System (MIS).
b. ACCEPT and APPROPRIATE $126,294 in federal revenue,
$24,415 in state revenue, $66,426 in fee revenue and $61,463
in other revenue re additional funding; anc~ estimated revenues
be increased accordingly to offset these appropriations.
c. TRANSFER $119,000 within the FY 1994-1995 Mental
Health/Mental Retardation Operating Budget re purchase of six
replacement motor vehicles.
d. CREATE two (2) new full-time permanent positions to provide
additional Substance Abuse services.
e. Authorize City Manager to execute any grant agreements
associated with the acceptance and appropriation of these
funds.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and
Louisa M. Strayhorn
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
February 28, 1995
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $126,294 IN FEDERAL REVENUE, $24,415 IN STATE
3 REVENUE, $66,426 IN FEE REVENUE, AND $61,463
4 IN OTHER REVENUE FOR A TOTAL AMOUNT OF
5 $278,598 IN ADDITIONAL FUNDING TO THE FY 1994-
6 95 OPERATING BUDGET OF THE DEPARTMENT OF
7 MENTAL HEALTH AND MENTAL RETARDATION; TO
8 TRANSFER $119,000 WITHIN THE FY 1994-95 MH/MR
9 OPERATING BUDGET; AND TO CREATE 2.0 FULL-TIME
10 PERMANENT POSITIONS
11 WHEREAS, the Community Services Board and the Department
12 of Mental Health and Mental Retardation (the "Department") are
13 responsible for the coordination and implementation of mental
14 health, mental retardation, and substance abuse services;
15 WHEREAS, the Department has received an additional
16 $33,558 in federal allocations for early intervention services for
17 handicapped infants and their families;
18 WHEREAS, the Department has received an additional
19 $33,600 in federal SAPT block grant funding and $5,000 in private
20 funding for substance abuse prevention services;
21 WHEREAS, the Department has received an additional
22 $37,218 in federal SAPT block grant funding and an additional
23 $3,318 in grant funding for HIV early intervention and substance
24 abuse services;
25 WHEREAS, the De partment has received $3,901 in additional
26 state allocations for substance abuse residential follow-up
27 services;
28 WHEREAS, the Department has received $12,000 in state
29 grant funding for the Protect Our Kids in Traffic program to reduce
30 the incidence of head injuries;
31 WHEREAS, the Department has estimated an increase of
32 $36,626 in additional fee revenue for substance abuse outpatient
33 services provided through a contract with the United States
34 Probation Office;
35 WHEREAS, the Department has estimated an increase of
36 $53,145 in additional fee revenue for mental health day treatment
37 services provided through the Comprehensive Services Act;
38 WHEREAS, the Department has received $6,000 in federal
39 grant funding for the Child Care Development grant;
40 WHEREAS, the Department has been awarded $15,918 in
41 additional federal grant funding to provide new respite services
42 for military families;
43 WHEREAS, the Department has estimated an increase of
44 $29,800 in fee revenue for substance abuse services;
45 WHEREAS, the Department has received $8,514 in additional
46 state allocations for Part-H carry-over funding;
47 WHEREAS, the Department is in need of six replacement
48 motor vehicles and has sufficient funds within existing FY 1994-95
49 Operating Budget appropriations to purchase the vehicles;
50 WHEREAS, the additional substance abuse services for
51 which appropriations are requested in this ordinance will require
52 an additional 2.0 full-time permanent positions; and
53 WHEREAS, the requested appropriations have no required
54 local match funding.
55 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
56 OF VIRGINIA BEACH, VIRGINIA:
57 1. That $126,294 in federal revenue, $24,415 in state
58 revenue, $66,426 in fee revenue, and $61,463 in other revenue are
59 hereby accepted for the purposes set forth in Exhibit A (which is
60 attached hereto and incorporated by reference), and appropriated to
61 the FY 1994-95 Operating Budget of the Department of Mental Health
62 and Mental Retardation;
63 2. That the City Manager is hereby authorized to
64 transfer previously appropriated funds in the amount of $119,000
65 from within the FY 1994-95 Operating Budget of the Department for
66 the purpose of funding the purchase of six replacement motor
67 vehicles;
68 3. That the Department is hereby authorized to create
69 two (2) new full-time permanent positions for the purpose of
70 providing additional substance abuse services;
71 4. That estimated revenue from the federal government,
72 state government, fees and other sources be increased by $126,294,
2
73 $24,415, $66,426, and $61,463, respectively, to offset these
74 additional appropriations; and
75 5. That the City Manager is hereby authorized to
76 execute any grant agreements associated with the acceptance and
77 appropriation of these funds.
78 Adopted by the Council of the City of Virginia Beach,
79 Virginia, on the 28 day of February ~ 1995.
80 CA-5853
81 ORDIN\NONCODE\REVENUE.ORD
82 R-1
83 PREPARED: February 22, 1995
84
APPROVED AS TO CONTENT ,
Management and Budget
APPROVED AS TO LEGAL
SUFFICIENCY
ISepartment of Law
3
1 AN ORDINANCE TO APPROPRIATE $335,000 FROM THE FUND BALANCE
2 OF THE MENTAL HEALTH -MENTAL RETARDATION -SUBSTANCE ABUSE
3 (1VIIi-MR-SA) SPECIAL REVENUE FUND TO THE FY 1994-95 MH-MR-SA
4 OPERATING BUDGET TO FUND ENHANCEMENTS TO THE DEPARTMENT' S
5 MANAGEMENT INFORMATION SYSTEM (MIS)
6 WHEREAS, the Community Services Board and the Department of Mental Health,
7 Mental Retardation, and Substance Abuse are responsible for the coordination and
8 implementation of mental health, mental retardation, and substance abuse services;
9 WHEREAS, the department currently uses an automated management information
10 system (MIS) called Creative Socio-Medics (CSM) which is unable to reach its highest level of
11 performance while using the city's mainframe computer as its platform for operation;
12 WHEREAS, the city is converting all other operating systems to a new mainframe
13 system;
14 WHEREAS, the city will no longer be able to receive service for the CSM
15 management information system if it continues to use a mainframe as its platform for
16 operation;
17 WHEREAS, the department, in conjunction with the city's Department of Information
18 Technology, has identified an alternative platform for the CSM management information
19 system which would enhance its response time, remove it from the mainframe system, and
20 receive service.
21 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $335,000 be appropriated from
23 the fund balance of the MH-MR-SA Special Revenue Fund to the FY 1994-95 MH-MR-SA
24 Operating Budget to fund enhancements to the department's management information system.
25 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
26 Twenty-eighth ,may of February ,1995,
27 This ordinance shall be effective from the date of its adoption.
APPROVED AS TO CONTENT
~l
2
Walter C. Krae r, Jr.
Department of Management and Budget
-16-
Item IV-G.3.
CONSENT AGENDA ITEM # 38854
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Taxi
Diamond Taxi/Yellow Cab of Yrginia Beach
Young: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Ytce Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
VIRGINIA
BED :CH
1)cFaruncnt cif
('~~nventi~,n and Visiu~r
uc~~t<<~~,~Y,~~tt
Shccial 1;~•cnis and Film OCiirr
1000 19th Street
Virginia Beach, VA 23451
(804) 437-4800
FAX (804) 437-4737
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR OPERATION OF A PUBLIC VEHICLE
This certificate is subject to compliance with all provisions of Chapter 36 of the Code of
the City of Virginia Beach and any other relative ordinances that may be adopted by City
Council and other regulations promulgated by the City Manager and/or the Chief of
Police.
PERMITTEE:
COMPANY NAME:
BUSINESS ADDRESS:
Ruby Dozier
Beach Taxi, Inc_
184 S. Plaza Trail
FORM OF BUSINESS: Corporation
NUMBER OF TAXICABS AUTHORIZED BY CITY COUNCIL: 22
J '/ / `
Paulette Braithwaite
Permits & Film Coordinator
Convention & Visitor Development
Ruth Hodges Smith, CMC
City Clerk
THIS CERTIFICATE AND THE BUSINESS LICENSE SHALL BE DISPLAYED IN THE BUSINESS
OFFICE OF THE TAXICAB/FOR-HIRE COMPANX AT ALL TIMES
amity off' V~.~,gir-~i~ ~3~aci~
TNTER-CFEICE COR2ESF~i~IDENCF
DATE: Auguet 22.1994
TOs Captain A. M. Jacgbe, JX. DEPARTMP:NT: ~4lice/Special Operations
FROMs Ftavmond E. Messing, City Sealer _ DEP~IRTMENT: ~~blic Works/P 6 I
SUBJECT: Certificat@ of Public Cor.venien~e and Necessity ~Or Beach Taxi Inc.
(Permit ~CP00008) .
Our Weights and Measurers Bureau conducted an inspection of Beach Taxi's vehicleE.
on July 6, 1994.
This permit iequaated authorization for 25 taxi cabs, however, onl}• 22 wera
presented to this bureau for eertificaation.
Listed below are the taxi cabs which have been in9pected an~~ certified to be
correct by this Bureau. Each of these taxi cab's meters are properl}' mounted o~i
the dashboard and have been sealed in this position wi*_h 1994 !sad wire seals a:~d
1994 approval seals.
Compdnv Cab ~;tense ~` V.T.N. # Mater # .ake Model
leach Taxi 3 H40249 2GTAL6963D1234598 33014 Che•~y 1983
Beach Taxi 4 H40242 1GIBL5162HX203225 32183 Chevy 1987
Beach Taxi 5 H48268 1GIBL516XJAI38813 32182 Chevy 1988
Beach Taxi 6 H48272 2GIAL6966D1243420 32295 Ct~evY 1983
Beach Taxi 7 H40243 1GIBL5163HX2032d1 33011 Chevy 1967
Baac}~ Taxi 8 H40231 2G1AI,6968D1243483 33053 Chevy 1983
Beach Taxi 9 H40229 2GIBL6965FX183621 33016 Chevy 1985
Beach Taxi 10 H40244 2GIA16962D1243558 32702 Chevy 1983
Beach Taxi 11 H48267 1GIBL516X3A139024 32537 Chevy 1938
Beach Taxi 12 H48254 1GIB151613A139171 74995 Chev}~ 1983
Beach Taxi 22 H40230 2G1AL6963o12")2390 32294 Chevy 1983
Beach Taxi 23 H40238 1G1BL5162HX197927 75052 Chevy 1987
Beach Taxi 24 H40208 1GIBL6960FY183610 33021 Chev}• 1985
Beach Taxi 25 H48264 1G1BL51685A17918 75091 Chevy 1988
$each Taxi 26 H482%0 1G1BL6968FX183600 33018 Chevy 1985
Beach Taxi 27 H48255 1G1i3L5163HX103346 32500 Chevy 1987
Beach Taxi 33 H48252 1G1bL5161H9152160 33080 Chevy 1987
Beach Taxi 36 H40246 1G1BLb966FY183210 32246 Chevy 1985
Beach Taxi 37 H48253 1G1BL5162JA139504 33017 Chevy 1968
Beach Taxi 38 H40221 1G1BL6964FX183111 33013 Chevy 1985
Beach Taxi 39 H48261 1G1B16969FY183475 33019 Chevy 1985
Beach Taxi 40 H48263 1G1BL5166HX197679 33012 Chevy 1987
CERTIFICATE OF PUBLIC CONVENIENCE-' ~_~!~_~~ ~~`,~ ~' ~~,if
AND NECESSITY APPLICATION --=-~------~~-~- ~i ;
FOR REVIEW ' ~ ~~
ti~AY d 'S9~1 ' i
:, ~ L~ !~ i
______.~
TO: Captain Jacocks, Police/Special Operations
via: Pats Police Services _`~y,~i '°c~~
FROM: Paulette Braithwaite, Permi
Convention and Visitor Deg
~~~,1~~~
DATE: May 16, 1994
SUBJECT: PERMIT #CPC0008
BEACH TAXI INC.
~pment/Special_ Events Office
i~.'~~
~ ;;1~; i l i ~~~ , ,f
~ l
,~ 1`.
The attached application for a Certificate of Public Convenience and Necessity Permit
is forwarded for your review and comment. Please return this form to the Convention
and Visitor Development Office May 30. 1994.
Please provide comments that will furnish the City Manager with sufficient data that will
enable a proper judgement in the decision in this matter in accordance with City
ordinance, State Code, and/or administrative policy governing such matters.
Inasmuch as this office is charged with the responsibility of issuing the permit, the
approval of the application is predicated upon your review/investigation and comments
pertaining to the proposed activity. Please feel free to notify the applicant to verify
and/or clarify any details furnished.
Please include in your comments any services that may be provided by your
department/division; that is, security, traffic control, traffic devices, etc. or provisions that
the applicant may need to provide.
CAPTAIN JACOCKS - PLEASE ROUTE THIS APPLICATION TO CONSUMER
PROTECTION WHEN YOUR REVIEW IS COMPLETED.
Enclosures
APPROVAL RECD ~ ~NDED~ YES NO DATE: ~/~'~/ ~~
~. - - ._..
SIGNATURE: ~ - ~ --
COMMENTS: ,~ -i ~~-~-, ~; ,:~~. ~zl.~r,;`..~ ._.~ ~ ,-_. _ ..._ .~~~;. .~ .,,~.. _ .
~~Y~-2_ C~v l.~-t/~ ~x , C -L ~ ~~ r~ -1..C1,:. ~ ~C~~~ n ~(>(-(~-1.-t_x-~-' --11 ^v. . ~,~„Jff' ~c . ,~~~ ^/
(~ ALL: ~ ~~ -----TL C`."~: _
Ceptain R. M. JAGOba, JX.
July 22, x99a
Page 2
Mre. Ruby H. Do2ier has been instructed, should any of these seals be broken for
any reason, that this office be notified immediately ;fcr reir.spection of that
unit.
They have also been instructed that both our departments ar tc be no* if~ell prior
to placing any additional taxi cabs in service. / ~
~a rld`"E. Messing
Ci Sealer
REM;vyw /
cc: Robert R. Lolier, Administrator .../'
Paulette L. Braithwaite, Permits Coordinator
vJ_:J17.Ult llf~VL•'LUPMEN'i'
SPECIAL EVENTS & FILM OFFICE
PAVILION
1000 19TH STREET
__VA BEACH VA 23451 __ _._ _
' APPLICATION
CERTIFICATE OF PUBLIC CONVENIENCE AND N
FOR OPERATION OF A PUBLIC VEHICLE
CITY OF VIRGINIA BEACH, VIRGINIA
LsuV ~~r'
MAY-fi~
~? h~' _ nr~n ~
Subject to compliance with all provisions of Chapter 36 df the Code of the
City of Virginia Beach and any other relative ordinances that may be adopte ,y
City Council and other regulations promulgated by the City ^lanager and/or the '
Chief of ~Pol i ce. o
~~-~~ ~ D
I. Applicant Information:
Name
rst
e
Processing Period - 30
z r~2
Last
A d d re s s Z ~ o ~ 7~'4z~ t~,4,-K 5 I72- ~`~. ~ V'/~ ~ (;~U~ ~~ .
Social Security Number 23 ~ - t~ - 555th Race
Q,t~
Sex ~
Date of Birth Z - ~ _ Z ~ Place of Employment ~~AGt~ T,~.ty,~ (x~G .
Have you ever been charged with any criminal offense or convicted? Yes Nom
If yes, complete the following: Date
Name of Court
Offense
II. Company Information:
Disposition
Name ~GN- ~,~, ~ ~ ~,l~G .
Business Address /8~ S. Pl....~t~i ~-f"jz,A-r~. Telephone ~dl~ G58S
Form of Business (Please check):
a. Corporation ~_ Number of Shares Outstanding
b. Sole Proprietorship Name of Own~f~ ,,
~~ ,
c. Partnership Names of Partners:
Please provide proof of Registration for Operating Authority
from the State Corporation Commission/Motor Carrier Division.
Inquiries about obtaining Operating Authority may be directed
to the State Corporation Commission, Motor Carrier Division,
Richmond, Virginia; phone number 786-3621.
Officers:
President (or owner) /V1.tJ...n/r~ o D-o2~~L ~-fz .
Vice-President (~t[3y ~ ~z..~~
Secretary /1/~fa.v ~,~ p [~~ ~,e, ~,e. ,
Treasurer (2.~f~c.t ~ T1~"L~ ~
III.
Affiliated Companies
Type of Relationship
Number of Taxicabs and For-Hire Vehicles:
Taxicabs
IY.
Currently Authorized
Currently Licensed
Additional Requested
Total Requested
2~
5
25
Passenger Information:
Boring the Previous Calendar Year:
Average Miles Per Trip:
Total
Paid
Average Number of Passengers
Average Cab Receipts Per Trip
Cab Mileage:
Per Cab Owned Per oay
Per Man Hour
Per Gallon of Gas
Number of Trips:
Total Paid
Total Elderly
r.
Financial Information:
For-Hire
~/
s
Per Trip ~
5.oa
i ao
a
2~
i~
z qo
Section 36-99 of the Code of the City of Virginia Beach states that:
Every person applying for a certificate of public convenience and necessity
shall include a statement of assets and liabilities and a statement of income and
expenses, including detailed Information of operating revenues, specifically the
item gross fare revenue, and expenditures. and a statement of changes in financial
position with the provision that any income or expenses ahlch have been allocated
from a related, controlled or affiliate entity must be disclosed or, in the event
that such applicant, at the time of application, has not been in operation for a
full fiscal year, then for such period of time that the applicant has been 1n
operation or. 1n the event that such applicant has not previously been in operation,
then a beginning statement of assets and liabilities and a statement of income and
expertsas and a statement of changes in financial position. estimated for the fiscal
year period subsequent to the tine of application.
All financial statements required by this section shall be prepared 1n accordance
N1 th forru prepared by the director of finance end approved by the C1 ty Fianager.
-2-
ASSETS 19 `T2 19rJ ~
Current Assets:
Cash
Savings Accounts
Other Investments or Securities ~-t,~~--r~~~
Receivables:
7 ra d e ~ ~x~S-EY~VL~
Employees
Other
Other
Total Current Assets
Property. Plants, and Equipment:
Land
Building
Automobiles (Taxicabs Used in Business)
Office Furniture and Equipment
Total
Less: Accumulated Deft reciation
Net Property, Plant, and Equipment
Other Assets (List):
Total Assets S S
LIABILITIES AND STOCKHOLDERS' (OWNERS') EQUITY
Current Liabilities:
Notes Payable Due Mithin One Year
Accounts Payable
Accrued Payroll Withholding Taxes and Expenses
Accrued Salaries
Income Taxes Payable
Other
Total Current Liabilities
Notes Payable Due After One Year
Stockholders' (Owners') Equity:
Common Stack (Par Value S
Authorized Shares;~ssued Shares)
Retained Earnings
Total Stockholders' Equity
Total Liabilities and Stockholders' Equity S s
The accompanying notes are an integral part of the financial statements.
-3-
TAXICAB COf 1PANY
STATEMEN OF INCOME LOSS AND RETAINED EARNINGS
for the years ended December 31, 19 and 19
Income:
passenger Revenue
Contract Revenue
Other
Total
Direct Expenses:
Drivers Commissions
Gas and Oil
Depreciation on Autos
Repairs and Maintenance - Autos
Ti res and Tubes
Insurance - Autas
Payroll Taxes - Drivers
Auto Licenses
Other
To to
Selling, Administrative, and Other OE.~ratin
Officers' Salaries
Office Salaries
Payroll Taxes
Telephone
Utilities
Office Supplies
General Repairs and haintenance
Depreciation - Buildings and Equipment
Dues and Subscriptions
Ren t
Other Insurance
Accounting and legal Expenses
Advertising
Laundry
Other Taxes, Other than income
Ot he r
To to
Total Expenses
Net Income (Loss) Before Taxes
Federal and State Income Taxes
Net Income (Loss)
Retained Earnings, Beginning of Year
Retained Earnings, End of Year
19 Yz 19 43
~~ ~-a
Expenses:
S ~--
~___,__
The accompanying notes are an integral part of the financial statements.
r
-4-
TAXICAB COMPANY
STATEMENF{ANGES IN FINANCIAL POSITION
for the years ended December 31, 19 and 19
Financial Resources Were Provided By:
Net Income From Operations
Add Expenses Not Requiring Outlay of Working Capital:
Depreciation and Amortization
(Gain) on Sale of Equipment
Working Capital Provided by Operations
Proceeds From Sale of Equipment
Total Resources Provided
Financial Resources Were Applied To:
Increase in Notes Receivable
Additions to Equipment
Purchase of Investments
Total Resources Applied
Increase (Decrease) 1n Working Capital
Changes in Components of Working Capital:
Increase (Decrease) in Current Assets:
Cash
Investments
Receivables
Other
Increase (Decrease) in Current Liabilities:
Notes Payable
Accounts Payable
Accrued Payroll Withholding Taxes and Expenses
Accrued Salaries
Income Taxes Payable
Other
19 19
~ ~-~~~r
~t~~!t~crUr~
c
S
Increase (Decrease in Working Capital s ~
The accompanying notes are an integral part of the financial statements.
-5-
WILLIAM A. WOODWARD P. C.
CERTIFIED PUBLIC ACCOUNTANT
A PROFESSIONAL CORPORATION
TIME BUILDING, 1709 COLLEY AVENUE
NORFOLK, VA 23517
804-625-2979
Apr 25 94
Beach Taxi, Inc.
Dear Owner,
We have compiled the accompanying statement of assets, liabilities,
and shareholders' equity - income tax basis of Beach Taxi, Inc.,
as of December 31, 1992, the related statements of revenue and expenses,
- income tax basis for the year then ended, in accordance with state-
ments on Standards for Accounting and Review Services issued by the
American Institue of Certified Public Accountants.
A compilation is limited to presenting, in the form of financial state-
ments, information that is the representation of management. We have
not audited or reviewed the accompanying financial statements and,
accordingly, do not express an opinion or any other form of assurance
on them.
The company's policy is to prepare its financial statements on the
accounting basis used for income tax purposes; consequently, certain
revenue and the related assets are recognized when received rather than
when earned, and certain expenses are recognized when paid rather than
when the obligation is incurred. Accordingly, the financial statements
referred to above are not intended to present financial position and
results of operations in conformity with generally accepted accounting
principles.
WILLIAM A. WOODWARD P.C.
NORFOLK, VA.
CERTIFIED PUBLIC ACCOUNTANT
MEMBER
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
VIRGINIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS
Beach Taxi
Statement of Revenues and Expenses
12 Months Ended December 31, 1992
3100 Sales-Cab Fares
3300 Discounts
3400 Other Income
Net Sales
Cost of Sales:
4100 Commissions
4200 Fuel & Oil
4300 Parts & Repairs
4400 Towing, Inspections, & Misc.
Total Cost of Sales
Gross Profit
Overhead Expenses (Schedule)
Operating Income
Other Income and Expense:
9010 Interest Income
Income (-) or Loss Before
Income Taxes
Income Tax Expense:
9100 Federal Income Taxes
9200 Virginia Income Taxes
Total Income Taxes
Net Income or (Loss)
Year-to- ~ of
Date Sales
---------- ------
817,094.22 100.00
0.00 0.00
0.00 0.00
817,094.22 100.00
375,550.03 45.96
105,994.55 12.97
52,552.60 6.43
2,404.88 0.29
536,502.06 65.66
---------- ------
280,592.16 34.34
298,592.16
---------- 36.54
------
(18,000.00) 2.20
0.00 0.00
---------- ------
18,000.00 2.20
0.00 0.00
0.00 0.00
--
----------
0.00
---------- ----
0.00
------
(18,000.00) 2.20
---------- ------
---------- ------
UNAUDITED
SEE ACCOUNTANT'S COP4PILATION REPORT
Beach Taxi
Overhead Expenses
12 Months Ended December 31, 1992
8007 Advertising
8009 Equipment Rental
8010 Vehicle Expense
8013 Depreciation
8014 Dues & Subscriptions
8015 Uniforms & Laundry
8017 Insurance
8018 Interest
8020 Legal & Accounting
8022 Office Expense
8023 Rent
8024 Repairs & Maintenance
8027 Telephone
8028 Utilities
8029 Salaries
8030 Miscellaneous
8031. Tools / Supplies
8032 Taxes - FICA
8033 Taxes - VEC
8034 Taxes - FUTA
8035 Taxes - General
8036 Taxes - Licenses, Permits; Tags
Year-to- % of
Date Sales
---------- -----
50.00 0.01
1,008.43 0.12
0.00 0.00
28,414.00 3.48
927.88 0.11
5,394.73 0.66
67,124.42 8.22
0.00 0.00
4,550.00 0.56
3,012.90 0.37
0.00 0.00
6,942.99 0.85
9,386.92 1.15
4,990.84 0.61
106,477.70 13.03
1,432.26 0.18
2,854.91 0.35
37,760.12 4.62
9,532.31 1.17
1,403.92 0.17
3,381.94 0.41
3;945.89 0.48
298,592.].6 36.54
---------- ------
---------- ------
UNAUDITED
SEE ACCOUNTANT'S COMPILATION REPORT
Beach Taxi
Statement of Assets, Liabilities, and Shareholder's Equity
December 31, 1992
Assets
Current Assets:
1110 Cash In Bank 3,929.70
1120 Accounts Receivable 0.00
1135 Prepaid Interest 0.00
1140 Inventory 0.00
Total Current Assets 3,929.70
Fixed Assets, at Cost Less Depreciation:
1161 Taxi Cabs 83,225.00
1162 Office & Shop Equipment 1,518.00
84,743.00
1164 Less Accumulated Depreciation 71,081.00
Net Fixed Assets 13,662.00
Other Assets:
1171 Owner's Account 500.00
1172 Deposits 0.00
Total Other Assets 500.00
Total Assets 18,091.70
Liabilities and Shareholders' Equity
--
Current -----------------------------
Liabilities: -----
2220 Accounts Payable 1,000.00
2222 Accounts Payable - Clear 0.00
2231 Payroll W/H Virginia 888.05
2232 Payroll W/H Federal 0.00
2234 Payroll Ded.-Other 0.00
2235 Loans from Stockholders 38,367.18
Total Current Liabilities 40,255.23
Long Term Liabilities:
2271 Notes Payable 0.00
Total Long Term Liabilities 0.00
Shareholders' Equity:
2292 Capital Stock 0.00
2293 Paid in Capital 15,795.63
2299 Retained Earnings (19,959.16)
Profit or (Loss) for the Period (18,000.00)
Total Shareholders' Equity (22,163.53)
18,091.70
UNAUDITED
SEE ACCOUNTANT'S COMPILATION REPORT
Beach Taxi
Statement of Assets, Liabilities, and Shareholder's Equity
December 31, 1993
Assets
Current Assets:
1110 Cash In Bank 14,802.02
1120 Accounts Receivable 0.00
1135 Prepaid Interest 0.00
1140 Inventory 0.00
Total Current Assets 14,802.02
Fixed Assets, at Cost Less Depreciation:
1161 Taxi Cabs 84,875.00
1162 Office & Shop Equipment 2,560.76
87,435.76
1164 Less Accumulated Depreciation 72,940.00
Net Fixed Assets 14,495.76
Other Assets:
1171 Owner's Account 500.00
1172 Deposits 0.00
Total Other Assets 500.00
Total Assets 29,797.78
Liabilities and Shareholders'
------------ Equity
-------
-----------------
Current Liabilities:
2220 Accounts Payable 1,000.00
2222 Accounts Payable - Clear 0.00
2231 Payroll W/H Virginia 1,426.84
2232 Payroll W/H Federal 0.00
2234 Pavroll Ded.-Other 0.00
2235 Loans from Stockholders 38,367.18
Total Current Liabilities 40,794.02
Long Term Liabilities:
2271 Notes Payable 0.00
Total Long Term Liabilities 0.00
Shareholders' Equity:
2292 Capital Stock 0.00
2293 Paid in Capital 15,795.63
2295 Distributions 0.00
2299 Retained Earnings (26,791.87)
Profit or (Loss) for the Period 0.00
Total Shareholders' Equity (10,996.24)
29,797.78
UNAUDITED
SEE ACCOUNTANT'S COMPILATION REPORT
Beach Taxi
Statement of Revenues and Expenses
12 Months Ended December 31, 1993
3100 Sales-Cab Fares
3300 Discounts
3400 Other Income
Net Sales
Cost of Sales:
4100 Commissions
4200 Fuel & Oil
4300 Parts & Repairs
4400 Towing, Inspections, & Misc.
Total Cost of Sales
Gross Profit
Overhead Expenses (Schedule)
Operating Income
Other Income and Expense:
9010 Interest Income
Income (-) or Loss Before
Income Taxes
Income Tax Expense:
9100 Federal Income Taxes
9200 Virginia Income Taxes
Total Income Taxes
Net Income or (Loss)
Year-to- % of
Date Sales
---------- ------
1,008,357.46 100.00
0.00 0.00
0.00 0.00
1,008,357.46 100.00
455,240.64 45.15
123,525.83 12.25
62,365.78 6.18
2,290.76 0.23
643,423.01 63.81
---------- ------
364,934.45 36.19
346,925.73
------------- 3d_.41
------
18,008.72 1.79
0.00 0.00
------------- ------
(18,008.72) 1.79
0.00 0.00
0.00
- 0.00
------
-----------
-
0.00
------------- 0.00
------
18,008.72 1.79
------------- ------
------------- ------
UNAUDITED
SEE ACCOUNTANT'S COMPILATION REPORT
Beach Taxi
Overhead Expenses
12 Months Ended December 31, 1993
8007 Advertising
8009 Equipment Rental
8010 Vehicle Expense
8013 Depreciation
8014 Dues & Subscriptions
8015 Uniforms & Laundry
8017 Insurance
8018 Interest
8020 Legal & Accounting
8021 Profession / Contract Services
8022 Office Expense
8023 Rent
8024 Repairs & Maintenance
8027 Telephone
8028 Utilities
8029 Salaries
8030 Miscellaneous
8031 Tools / Supplies
8032 Taxes - FICA
8033 Taxes - VEC
8034 Taxes - FUTA
8035 Taxes - General
8036 Taxes - Licenses, Permits, Tags
Year-to- of
Date Sales
---------- -----
436.88 0.04
1,692.08 0.17
0.00 0.00
1,859.00 0.18
35.00 0.00
5,762.41 0.57
107,249.88 10.64
0.00 0.00
6,365.00 0.63
71.04 0.01
3,681.88 0.37
20,000.00 1.98
9,847.63 0.98
7,699.06 0.76
6,620.95 0.66
111,026.5d_ 11.01
1,278.56 0.13
3,391.96 0.34
44,229.89 4.39
1,927.59 0.19
2,967.29 0.29
8,647.09 0.86
2,136.00 0.21
346,925.73 34.41
---------- ------
---------- ------
UNAUDITED
SEE ACCOUNTANT'S COMPILATION REPORT
u
NQTES TO THE FINANCIAL STATEMENTS
1. The financial statements are prepared on the (cash) (accrual) basis.
2. The fixed assets are slated at cost and depreciated over their estimated
• useful lives using the following methods:
Ye__
' Building
Automobiles 3 S ~-
Office Equipment and Furniture
Other
~. The company is obligated under a cease agreement to rent•facilities •
~t = per month until 19
~1. Other notes as necessary. ••
• ~.
-6-
VIRGINIl1
BE.:CH
Ueparuncnt ~~f~
C~~nvention and Visit<u'
Ue~~eloptnent
Special I?~-ents and Film Olticc
1000 19th Street
Virginia Beach, VA 23451
(804) 437-4800
FAX (804) 437-4737
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR OPERATION OF A PUBLIC VEHICLE
This certificate is subject to compliance with all provisions of Chapter 36 of the Code of
the City of Virginia Beach and any other relative ordinances that may be adopted by City
Council and other regulations promulgated by the City Manager and/or the Chief of
Police.
PERMITTEE: Herbert Dise
COMPANY NAME: Diamond Taxi/Yellow Cab of Virginia Beach
BUSINESS ADDRESS: 4808 Shore Drive, Virginia Beach
FORM OF BUSINESS: Proprietorship
NUMBER OF TAXICABS AUTHORIZED BY CITY COUNCIL: 6
(r
`~ , _ -
~ ~~
C Paulette Braithwaite
Permits & Film Coordinator
Convention & Visitor Development
Ruth Hodges Smith, CMC
City Clerk
THIS CERTIFICATE AND THE BUSINESS LICENSE SHALL BE DISPLAYED IN THE BUSINESS
OFFICE OF THE TAXICAB/FOR-HIRE COMPANY AT ALL TIMES.
".,:.,
~ i:~ ~; n I
'-"-~..'...._--__- _! y^' ERTIk'zCATE 4F' PirBLTC CONVENIENCE ~I- •\
;I ~~ - '~ i AND NECESSYTY APPLICATION •.,1 _ ~' ~ ~ ,,;
fi• ~ ~- I i FOR REVIEW ~ ;1 ~C~~~ ~~c~~ ~"-
-~ w ;,`,`;;~''` cti~n~t' ~Ui
,,.,
'j
TO: .C~a(~I wQc~~Poli a/~necial Operations ~~~ ~~-~ -~ ~
via: Patsy Moore Police Services
FROM: Paulette Braithwaite, permits Coordinator
Convention and Visitor DevefopmentlSpecial Events Office
DATE: April 29, 'i994
SUBJECT: PERMIT #CPC0004
bIAMOND TAXI/YELLOW CAB
The attached application for a Certificate of Fublic Convenience and Necessity Permit
is forwarded for your review and comment. Please return this foam to the Convention
and Visitor Development Office May 13. 1994.
Please provide comments that will furnish the City Manager with sufficient data thGt 'fill
enable a proper judgement in the decision in this matter in accordance with City
ordinance, State Code, and/or administrative policy governing such matters.
Inasmuch as this office is charged with the responsibility cf issuing the permit, the
approval of the application is predicated upon your review/investigation and comments
pertaining to the proposed activity. Please feel free to notify the applicant to verify
and/or clarify any details furnished.
Please include in your comments any services that may be provided by your
department/division; that is, security, traffic control, traffic devices, etc. or provisions that
the applicant may need to provide.
CAPTAIN JACOCKS - PLEASE ROUTE THIS APPLICATIQN TO CONSI.~MER
PROTECTION WHEN YOUR REVIEW IS COMPLETED.
Enciosures
APPRQVAL RECbMft/IEN
SIGNATURE:,
COMMENTS:
./ YES
r~~'t J/
NO DATE:%~~
(,-- --: 7 ~ 9 `! lr~ rn~si~.,! ~= v 1-a 7= r;•ar r•_°, r' r-r ~~'v~t'L'~J` ~ :~ ` ~~('i~r' nv,~, - 1,~, '7l-c 'i (~ ~~, -
-.
Chl-1LhkV~7rch.1 G+- 7F1~~• 7 r'X~f 1'~1~=%r.iL-~ ~,y C~_!C.1:•l~ is •-r i~~~>~°~~~ r ~.
V-1 C C~r~~ c= ~- -r i~,~ a t~~.:i1.-l" ~ -7 1-'r-; _, i-:c_h-: ~•~' ~-~_ r~ «:~~,~.r~~-~~ --c> ~.~.-f~ i,~ ~f
b~l~~+-RTMENT OF POLICE
M E M O R A N D U M
CITY OF VrRC~INIA pEACH~ VA.
Toi Captain A.M. Jacocks
From: MPO R.L. Spreder
Date: May 24,X994
Subject: Permit: Public Convenience - Diamond (Yellow) Cab Company (Renew
on April 19, 1994 at 11.00 hours, this writer went to 4808 Shore Dr.
to inspect the above named business for the purpose of ren°Wing
their permit. There were na discrepancies noted in their
operation. Yellow Cabs were found to be in fair condition both
physically and mechanically. The business appeared to be in fair
condition although the fleet of cabs has been cut in half. The
owners have taken all of the D~.amond cabs off the read. Diamat~d
Cab (Yellow Gab) had only five vehicles licensed for use this year
and they were all inspected no discrepancies were found.
All drivers license numbers were run and found to have a valid
license with the exception of one driver and that driver was
notified and was told to correct his nor payment of fine. A11
records and information needed for my inspection were x-eadily
available. biamond Taxi is currently insured by Liberty Mutual
Policy Number ASI-1351-242710-01211.0 Effective Dates 12^-1893 to
1218--94
Summary:
This writer finds Diamond cab company to be in compliance in
their operations and in the maintenance of their vehicles. The
entire grounds, communications center, parking lot, office area,
etc., are also in fair condition.
~tecommendation•
This writer recommends approval of this permit.
YELLOW CAB OF VA. BEACH INC.
LIST OF DRIVERS MAY 1994
1. GERARD G. BAUER
2. FRANKLIN BECK
3. CHRISTOPHEk L. BRAM
~4. DANIEL T. CUCUZZA
5. PAUL GUX
G. DELLA M. HARRIS
7. GEKAKll '!'. McDONQUGH
8. V1;ORGE A NIQUETTE JR.
9. CLIFTON T. PENZCK
10. HASSLE D. TOTTY
~K11. CLARENCE MORRIS
12. THOMAS KENNY
13. RICHAF2b Y,'ALTERS
U94-38-7727'
4'14-62-8401.'
230-33-3879'
198-3~3--7833
012-42-5572/
432--56-:.'885/
179--32-4513 ~'
003-38-3236;/
921-70-6324/
466-42-9113v'
L16-56-8577x"
127-30-9725:-
484-78-5595Y'
r Ll i~
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v~ 1L,,.,.,,~, ~,~,~ I.~,~~i•r~u,~l Jl ~ I I Processing Period - 3f) '
. S~IECIl1L~ EVENTS & FiI,M OFFICE ', U
PAVILION
•a.ooo i~~x srR~Em _ ~ ~ ~ D ~ ~,
__ VA REACH VA 2~4s~. _._.. APPLICATION ,
CERTIFICATE OF PUBLIC CONVENIENCE ANC NECESSI f
'=~~ FOR OPERATION OF A PUBLIC VEHICLE ~~ ~
CITY OF VIRGINIA BEACH VIRGINIA ~~
~ L. ~"C: v 4
Subject to compliance with all provisions of Chapter 36 of the o e o'~'"'~"~'
City of Virginia Beach and any other relative ordinances that may be adcpted b,v
City Council and other regulations promulgated by the City "tanager and/or the
Chief of •police. •
I. Applicant Information:
Name HERBERT RICHARD DISE ^T^
first Pliddle Last
Address 5670 GRETNA ROAD, VIRGINIA BEACH, V•IP.CINIA 23x5
Social Security Number L07-`L8^5270 RdCeCARCASIAt~' Sex r3ALF.
Oate of Birth 10-31-3b Place of Employment BuISNESs
Have you ever been charged with any criminal offense or convicted? Yes_ rdo ~~
If yes, complete the follovring: pate _
Name of Court
Offense Disposition ~ ~ ____._
,~; -
II. Company Information.:
Name DIAr10ND '!'AX1/Y~:LLOW CAB OF VA. BEACFt INC.
Business Address 4808 SHORE DRIVE, VA. BEP.CH,VA Telephone 460-06017
form of Business (Please check};
a. Corporation ~ Number of Shares Outstanding
b. Sole Proprietorship x Name of Owner HERBERT P. DzsE
c. Partnership Names of Partners:
Please provide proof of Registration for c~peratinr, Authority
from the state Corporation Commission/Motor Carrier Division,
Inquiries about obtaining operating Authority may be directed
to the state Corporation Commission, Motor Carrier viv!siori,
Richmond, Virginia; phone number 7863621.
• `Officers:
President (or o+rner)
Vice-president
Seer'etary
Treasurer
.Affiliated Companies
Type of Relationship ___
III.
IY.
Number of Taxicabs and For-Hire Vehicles:
Taxicabs
Currently Authorized 30
Currently Licensed 5 J
Additional Requested ~_
Total Requested 30
Plssenger Information:
Quring the Previous Calendar Year:
Average Miles Per Trip:
Total
Paid
Average Number of Passengers Per Trip
Average Cab Receipts Per Trip
Cab Mileage:
Ptr Cab Owned Per pay
Per Man Hour
Per Gallon of Gas
H urnbe r o f T r i ps
Total Paid
Total Elderly
Y.
F1nan~iel Information:
For-Hire
3 MILES
s.oo/z~~zP
- ~
1
if)(1
15
10 MPG
5U ~: X5.40 7250.•00/DAY
z~
Section 36-99 of the Code of the City of Virginia Beach states that:
fYtry person applying for a certificate of public convenience and necessity
shall include a statement of assets and liabilities and a statement of income and
expenses, including detailed information of operating revenues, spe~iftcally the
item gross fare revenue, and expenditures, and a statement of changes in flnarGial
position rrlth the provision that any tncome or expenses which have been allocated
from ~ related, controlled or affiliate entity must be disclosed or, in the event
that such applitdnt, at the time of applicatlon~ has not been in operation for a
full fiscal year, then for such period of time that the applicant has been in
operation or, in the event that such appl tcant has not previously been in operation,
then a beginning statement of assets and liabilities and a statement of Income and
•xpen~ts and a statement of changes in financial position, estia-attd for tht fiscal
year period subsequent to the tine of applicatton,
A11 financial statements required by this section shell be p reparee in accordance
N1th torru prepared by the director of finance and approved by the City F`anager.
-2-
W ASSETS 1992 lg g3
Current Assets: •
Cash
Savings Accounts
Other Investments or Securities
Receivables:
Trade
Employees
Other
Other 0 0
Total Current Assets 0 0
Property. Plents, and Equipment:
Land
$uilding 1 , 500 1 , 500
Automobiles (Taxicabs Used in Business) s,4o0 s,40o
Office Furniture and Equipment 22,043 16,532
Total 28,9}3 23,432
less: Accumulated Depreciation _ ~ - -
ket Property, Plant, and Equipment
-~
Other Assets (List):
Total Assets = 2B , 943 s 23, 432
LiABiLITIES AND STOCKt-i0L0ER5' OuNERS' E UITY
Current Liabilities:
Notes Payable Oue Within One Year
Accounts Payable o 0
Accrued Payroll withholding Taxes and Expenses
Accrued Salaries
Income Taxes Payable
Other
Total Current Liabllities 0 0
Notes Payable Rue After One Year
Stx kholders' (Owners' Equity:
Common Stock (Par Yalue S
AuLhorSzed Shares; I-ssued Shares)
Retained Earnings
Total Stockholders' Equity U 0
Total Liabilities and Stockholders' Equity s 0 s U
~~~
The accompanying notes are an integral part of the financial statements.
t
-3-
i
,~nr~~_~i~i~~-- y~LLS.,~~._ TAXICAB CUIIPANI'
STA~EMENT OF 1NCC~tE (l.USS~ AND RETAINED EARNINGS
• for the years ended December 31, 1492 and 1~ 93
1992 l9 93
I n c ar-e
~isassenger Revenue
Contract Revenue
Other
Total
pirect Expenses;
DriversT Commissions
Gas and Oit
Depreciation on Autos
Repairs and I+{aintenance -Autos
Tires and Tubes
Insurance -Autos
Payroll Taxes -Drivers
Auto Licenses
Other ~, VCIE
To
Sellin Administrative and Other gratin
Officers Salaries '
Office Salaries
Payroll Taxes
Telephone
Utilities
Office Supplies
General Repairs and Maintenance
Depreciation -Buildings and Equipment
Dues and Subscriptions
Ren t
Other Insurance
Accounting and legal Expenses
Advertising
Laundry
Other Taxes, Other than income
Other
To to
Total Expenses
Net Income (Loss) Before Taxes
Federal and State Income Taxes
Net Income (Loss)
Retained Earnings, Beginning of Year
Retained Earnings, End of Year
Expenses:
-.---.- z3.92.b 6.0 c
~~~, fjrl~i R9.2~sL 00
~a,7~1 X4997.00
2$3, 64G ;~~55~00
.2,427_~
-~-i~ 5 ~3 3
--__~1 _5 2 2 3 9
:011 9318
2.15,928 2Ei ~
7 ~ 4-~. ~ ._ _ 7 3 4~
9 4-- , ~- -
-~~...~_
~ i ~?
18,
275 12833
~iT-
~4
L~~~
~ ~S1S,L_
409
_ 210 0 .,
- 1 ~s
_3}.S.IIZ
258228
328844
-~ 0,711
-~
s---.-r--,
~"-
~..~
T~
The accoRpanying notes are an integral part of the financial statements.
-4-
MO7ES Ta YHA FlNarrCIAl. sraTEMEnrs
1. the financial sLatetnents are prepared on the (cash) {accrua]) basis.
~. 1'he fixed assets are stated at cost and depreciated ever their tstimdLed
useful lives using the following methods:
• Years F4ethod
' Building 5 sL
/lutomobiles 3-5 i79 ACRS
Office Equipment and furniture 6 - SL
~'ther
3. the company is obligated under a least agreement to rent facilities •
~t S~Q00,__ per month unti 1 19 Q5.
4. Other notes as necessary, ••
-6-
IrlfU~nr~rl i~,rr co„r;,i~rr~'J here(;( 1s correct ~r;d unJersC~rrd
- _- . _ _ - - ,.I,:,~ 111...__.. _ ._«;c i~a~c must he licc~,srd by ;~~y t aE eacl; year.
Signature of ~+11.Ca,ic llate of APP icatio~:
A1'!'LICAN'L' NO"i' '1'0 wlcl'rc IiGLOW 'i'iflS LIN1:
R~commcndati ns:
Approval pisapproval
Chi f of Pollee ~ Date
Approval Disapproval
Cons cr ProCectiou OCfLcer Date
Appro ~` Disapproval
City Hauager _ ll to
Final Disposi[ion:
Approval bisapl~roval
City Councl.l Date
(Signature of City Clerk)
I I;creby certify that each vehicle app coved in this ce:tificac2 has been licensed
iu JCCUCdd:-ce with SecCion 18-105 Of Che Clty Codc.
Commissiuncr of Itevcnu~ bate
when final disposltlou has bccrti recorded, this certificaCt is tv Lie returr,cd to the
Chief of Police.
-7-
kCVisod 7/3(/84 g~
i i I
1 ~1 ~ \J V L 1..~ J~ }. \/ 1 \ 1 V~..r,L~ L~1 A U' v LJ` 1 V i `tia r ~. tea, • ., ari ..- .~~ ~ ~, .-- -
!n ~tccordarttt with Fedtral privacy and Security Cody Regulations and secxivrts 9-169 and 19.2-389 of the Code of the
State of Virginia (1950), as amended, and the rules and regulanotu of the Cnnnna! Jusirce Serti'iees• Corrvrussion of tiu
Commonwealth of Vrgl~xra, 1 agree by my signature that any information discovered as a result of the subrnixsion of this
form may be released to any c=ry o,~idal will have tfu authortry to act on this appLi~on and feather, tha.r if dis4uaiifizn,~
information is discovered this fact, bur not the speeifces of surh i~rformaxfon, may be made Irnewn m the organi.-.anon
o~"icia! named cs applicant. I swear or affirm that all information sub»~rted is the truth.
Name: HERBERT R. DISE Address: ~~~n GR'ETNA ROAD, _~A, BEACH. VA. 234
Sex: M Mace: CARCASIAN ppg; 10^31-36
SSN:207-28^5270
Reason for Request: C~RTIFICATI; OF PUBLIC permit Application
Position held in
Signature:
t10ri: OP7NER/PRES I OEN
Sworn to and subscribed before me this
Date: ~ APRIL• 199a
1 g ~~
19~. I~iy commission expires:
C_- ~ ~
Signature: ~.
~, 3 ~9
~ ____
day of ~~~
* * FOJ:t DEPAR~M~NTA_L USE ONZ.,Y
Requested by: Date1Tut3e:
Run by: DateJT'ime:
Response: Positive Negative
Comments:
II I ~
L1:~'1' V1~ I:AtS:a UN J-~l h1AY 1 `J 9'l
CAB # CAR VIN # SAr~~'1'Y INSY #
1. 15 1FABP83G7EZi83281 E-2953527
2. 17 1FABPA3G4EZ183206 E-2953341
3. 19 1FABP43G4EZ183254 F-2953490
4. 20 1FABP43G9EZ183265 E-2953493
5. 23 9LT65F192890 E-2953528
~~1 I
'~ F~1
~
w'~RI
~
~~
,
SCC TAG # CITY D AL #r LIC ?~
,
~~ ~
,
7'-118665 21.2433~~~'~` H-53229
}
~
~d~j
/
T-000563
~.~
...
20316
"~ H-5312E.
~~
~~
~
f
~
T~-000562 203166
g
s;
;: E~-53227
T-000560 °`r~r l
1031b8;~~.~;
H-53228
t~i
~
T-318664 h,
~
3}~'
212932
H-53230
,
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Y~
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1
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I',~
'ri ~4
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Cit3.r of ~~`i~~iY-Y~.~ ~~~c1 ~
:NT~R-0FF7C~ Cc~RRESPONU~IJC~
DATES Au 21 4
TO: t A. Jac Jr DEPARTMENT: _Police/special,Operatione
FROM: ~Ymond E Mess,tna. City Sealer D~PA~tTMENT: Publ~.p Work,Q/F & Z
SUBJECT: ert Cate Public ConveniwnrA ~.,.~ ~~s,.eoo~.... ~___ .., _
Our weights and Measures Bureau conducted an inspection of Yellow Taxi's vehzclee
on July 7, 1994. '
This permit requested authorization for 30 taxi cabs, however, only F were
presented to this bureau for certification,
Listed below are the taxi cabs which have been inspected and certified to be
correct by this Bureau. Fach of these taxi cab's meters are properly mounted, or.
the dashboard and have been sealed in this position with 1994 lead wire seals and
1994 approval seals.
Comz~anv Cab ~ ice a V.I.N. # et
~~ Make M 1
Yollow 14 H53237 IFABP43GEZ1832235 32354 Ford 1984
Yellow 15 H53229 IFABp43G7EZ183281 3576
Yellow 16 H53239 IFABP43G4EZ1$3299 32352 Ford 1984
Yellow 19 H53227 IFABP43G4EZ183254 30812 Ford 1934
Yellow 20 H53228 IF'ABP43G9E2183265 31580
Yellow 23 H53230 9UGSF192890 Ford 1934
30032 Ford 1979
Mr, Herbert R. Dise, Company owner, and Stan Sloan, Manager, have been
innstructed, should any of these seals be broken far any re=scn, that: this office
be notified immediately for reinspection of that unit.
They have also been instructed that both our departmen ar to be nctifie pri r
to placing any additional taxi cabs in service.
~~~: ~
--~- ~.--
`xa d'`E. Messing
REM:v City sealer
Yw
cc: Robert R. I.oher, Administrator
Paulette L. Braithwaite, Permits Coordindtor
-17-
Item IV-G.4.
CONSENT AGENDA ITEM # 38855
Upon motion by Yce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $3,977.33 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Yoting: ll -0
Council Members Yoting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Yoting Nay:
None
Council Members Absent:
None
February 28, 1995
FORM NO. C.A. 7 r
2/3/95 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax
Year Type
of Tax Ticket Exonera-
Number tion No. Date penalty
Paid Int. Total
Paulson & Associates 95 P,E(1/2) 103892-9 9/20/94 318.60
John F & Barbara Baldwin 95 RE(1/2) 005263-7 11/14/94 892.07
Va Beach Community Dev Corp 95 RE(1/2) 106118-0 9/26/24 3.49
Va Beach Community Dev Corp 95 RE(1/2) 106191-0 9/23/94 2.35
Lee N Stuart Jr 95 RE(1/2) 068654-2 1/13/95 52.24
Life Savings Bank 95 RE(1/2) 111340-0 12/5/94 528.14
Dimitrios & Mary Papadopoulos 95 RE(1/2) 089746-8 12/5/94 36.94
Tidewater Tel Operators CU 95 RE(1/2) 018540-3 11/28/94 609.45
Linwood L & Eleanor Briggs 95 RE(1/2) 013195-4 12/5/94 18.71
Paul E & Willie F Turner 95 RE(1/2) 120291-0 11/25/94 34.66
Richard G Kramer et als 95 RE(1/2) 132865-1 11/10/94 256.68
Lafayette Distributing Co 94 RE(2/2) 065841-3 5/27/94 208.20
Geraldine Y Stephens 94 RE(2/2) 112431-9 6/5/94 66.22
Geraldine Y Stephens 94 RE(2/2) 11243?.-8 6/5/94 71.58
Marjorie J Gavin 92 RE(1/2) 041291-1 12/2/91 10.90
Marjorie J Gavin 92 RE(2/2) 041291-1 5/15/92 10.90
Marjorie J Gavin 92 RE(1/2) 041292-0 12/2/91 13.63
Marjorie J Gavin 92 RE(2/2) 041292-0 5/15/92 13.63
Marjorie J Gavin 93 RE(1/2) 041590-8 11/18/92 13.63
Marjorie J Gavin 93 RE(2/2) 041590-8 5/17/93 13.63
Marjorie J Gavin 93 RE(1/2) 041589-1 11/18/92 10.90
Marjorie J Gavin 93 RE(2/2) 041589-1 5/17/93 10.90
Marjorie J Gavin 94 RE(1/2) 042128-6 11/30/93 11.40
Marjorie J Gavin 94 RE(2/2) 042128-6 6/2/94 11.40
Marjorie J Gavin 94 RE(1/2) 042129-5 11/30/93 14.25
Marjorie J Gavin 94 RE(2/2) 042129-5 6/2/94 14.25
Marjorie J Gavin 95 RE(1/2) 042399-7 11/15/94 11.40
Marjorie J Gavin 95 RE(1/2) 042400-4 11/15/94 14.25
John Hooker Jr & H Duff II 94 RE(1/2) 054534-9 12/30/93 325.49
Margit & Bill Fountain 95 Dog V09836 12/15/94 8.00
Alfred Cochran 95 Dog V18592 12/12/94 2.00
Thomas E Witcher 90 PP 218133-8 8/29/90 207.18
Thomas E Witcher 91 PP 217945-7 1/30/92 154.56
Doris E Lambert 95 RE(1/2) 066855-3 11/21/94 5.70
Total
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3, 977.33 were approved by
the Council of the City of Virginia
Beach on the 28 day of February,, 1995
Ruth Hodges Smith
City Clerk
3,977.33
Cert fied s to pay n ;
John . At 'nson, re surer
Approved as to form:
L ie L. Lilley, City Atto
-18-
Item IV-H.1.
PUBLIC HEARING ITEM # 38856
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
I.
(a) FERMA TERRA, INC. RECONSIDERATION OF
CONDITIONS
8/19/85 (RHW, ING, T/A
BOB WEAVER'S AUTO SALES
(b) BIG BERTHA INVESTMENT5, A VIRGINIA PARTNERSHIP RECONSIDERATION TO
DELETE CONDITION 3/22/94
(c) SOL W. COHEN RECONSIDERATION TO
MODIFIYCONDITION2/11 /92
(d) THELMA BRITT HARRIS CONDITIONAL CHANGE OF
ZONING /RECONSIDERATION
OF PROFFERS 7/14/92/
VARIANCE
(e) BAYLAKE PINES PRIVATE SCHOOL CONDITIONAL USE PERMIT
(fj DAE IK CHONG CONDITIONAL USE PERMIT
(g) CHERYL J. KINNEY CONDITIONAL USE PERMIT
February 28, 1995
-19-
Item IV-H.I.a.
PUBLIC HEARING ITEM # 38857
PLANNING
Cornelius I. Boynton, 709 Pinebrook Drive, Phone: 495-1052, represented his application
Upon motion By Councilman Dean, seconded by Council Lady Henley, City Council DENIED ANY
EXTENSION OF THE FIVE-YEAR CONDITION INSTITUTED August 19, 1985, in the approved
Application (RHW, INC., T/A BOB WEAVER'S AUTO SALES) for a Conditional Use Permit for auto
r~airs and service for FERMA TERRA, INC. (FRANK BOYNTON, PRESIDENT) at 3427 Holland
Road (PRINCESS ANNE BOROUGH).
The applicant is to work with Mr. Scott for compliance with the conditions previously stated and for any
consideration of an administrative extension of time:
2. A privacy fence and appropriate tall vegetation along the rear lot line and on
Stoneshore Road.
3. The entrance on Stoneshore Road shall be closed.
4. No outside storage of vehicles, parts or repairs or continuous repair vehicles shall
be allowed except within the area delineated in the plat to be made a part of the
record.
Voting: 10-1
Council Members Voting Aye:
Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr., and
Louisa M. Strayhorn
Council Members Voting Nay:
John A. Baum
Council Members Absent:
None
February 28, 1995
- 20 -
Item IV-H.1. b.
PUBLIC HEARING ITEM # 38858
PLANNING
Attorney Michael H. Levinson, 303 34th Street, represented the applicant
Letters of support from Captain Randall W. Bourgeois, Vice President -Maryland Pilots and Dimitri
Hionis of Bubba's Marina are hereby made a part of the record.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED THE
TWO-YEAR EXTENSION on the March 22, 1994, approved Application of BIG BERTHA
INVESTMENTS, A VIRGINL4 PARTNERSHIP for a Conditional Use Permit for an outdoor recreation
facility (rental of water recreational vehicles) at 3319 Shore Drive (LYNNHAVEN BOROUGH)
ORDINANCE UPON APPLICATION OF BIG BERTHA INVESTMENTS
FORA CONDITIONAL USE PERMIT FOR A RECREATIONAL
FACILITY OF AN OUTDOOR NATURE (RENTAL OF WATER
RECREATIONAL VEHICLES) 803941887
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Big Bertha Investments for a Conditional
Use Permit for a recreational facility of an outdoor nature (rental of
water recreational vehicles) on the south side of Shore Drive, west of
Vista Circle. Said parcel is located at 3319 Shore Drive and contains
27,390.52 square feet. LYNNHAVEN BOROUGH.
The other two (2) conditions shall remain as granted March 22, 1994:
1. The applicant is limited to ten (10) jet skis, wave runners for
rental purposes.
2. The jet skis/wave runner rentals shall 6e given a map indicating
the no-wave zones and instructed in and given a list of the
rules of the water pertaining to the operation of watercraft in
general.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa
M. Strayhorn
Council Members Voting Nay:
Nancy K Parker
Council Members Absent:
None
February 28, 1995
- 21 -
Item IV-H.1. c.
PUBLIC HEARING ITEM # 38859
PLANNING
Charles Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant
Correspondence from Maureen and Arthur Strassle, dated February 27, 1995, in opposition to the
application, is hereby made a part of the record
Upon motion by Councilman Harrison, seconded by Yce Mayor Sessoms, City Council DEFERRED
UNTIL MARCH 14, 1995, CITY COUNCIL SESSION the RECONSIDERATION TO MODIFY
CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for
a Street Closure
Ordinance upon application of Sol W. Cohen for the discontinuance,
closure and abandonment of a portion of Croatan Road located at the
northwest intersection of Croatan Road and General Booth Boulevard.
The parcel contains 17,824 square feet. LYNNHAVEN BOROUGH.
The DEFERRAL will enable the Planning staff to work with the applicant regarding requirement of a
sewer system connection and the cost.
Young: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vzce Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
- 22 -
Item IV-H.1. d. (1)
PUBLIC HEARING ITEM # 38860
PLANNING
Gerry Porterfield 100 Landmark Square, Phone: 340-0322, represented the applicant
Upon motion 6y Councilman Dean, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of THELMA BRITT HARRIS for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF THELMA BRITT HARRIS FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40
to AG-1 202951442
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thelma Britt Harris for a Change of
Zoning District Classification from R-40 Residential District to AG-1
Agricultural District on certain property located on the north side of
Indian River Road beginning at a point 4010 feet more or less west of
West Neck Road. The proposed zoning classification change to AG-1 is
for agricultural land use. The Comprehensive Plan recommends use of
this parcel for agricultural and residential single family use at densities
of no more than 1 dwelling unit per acre in accordance with Transitional
Area II Plan policies. Said parcel contains IS acres more or less.
PRINCESS ANNE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, ~Iliam W.
Harrison, Jr., Louis R. Jones, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
February 28, 1995
- 23 -
Item IV-H.l.d.(21
PUBLIC HEARING ITEM # 38861
PLANNING
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council APPROVED the
Applications of THELMA BRITT HARRIS re property located on the North side of Indian River Road
beginning at a point 4010 feet more or less West of West Neck Road, containing 18 acres more or less
(PRINCESS ANNE BOROUGH):
RECONSIDERATION OF PROFFERS in the July 14, 1992, approved
Conditional Change of Zoning to R-40 Residential District (Amends the
proffered development plan and incorporates eleven (11) residential lots
into the adjacent development)
Variance to Section 4.4(b) of the Subdivision Ordinance re lot width
requirements.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Thelma Britt
Harris. property is located on the north side of Indian River Road, 4010
feet more or less west of West Neck Road. PRINCESS ANNE BOROUGH.
NOTE: The City Council requested that there be heavy tree landscaping
in addition to the Proffers offered.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Louis R. Jones, Nancy K Parker and Yce Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and
Louisa M. Strayhorn
Council Members Absent:
None
February 28, 1995
~.RM VO. P.S, 18
City of Virgiriia Seach
INTER-OFFICE CORRESPON'OENCE
In Reply Refer To Our File No. DF-94-3820
DATE: February 17, 1995
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Macau G~l~~ "~ DEPT: City Attorney
RE: Conditional Zoning Application -Thelma Britt Hams, et al.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 28, 1995. I have reviewed the subject proffer agreement and have
determined it to be legally sufficient and in proper legal form. A copy of the agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further,
WMM
Enclosure
MARY ELLEN BRITT
ALICE M. BRITT
THELMA BRITT HARRIS
TO: (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
a Municipal corporation of the
Commonwealth of Virginia
THIS AGREEMENT, made this 1st day of November, 1994, by and between
MARY ELLEN BRTIT, widow and unremarried, ALICE M. BRTTT, unmarried, and
THELMA BRITT HARRIS, widow and unremarried (the "Grantors"), of the one pact,
and CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of
Virginia (the "Grantee"), of the other part.
WITNESETH:
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the
Grantee, so as to downzone a portion of the Grantor's property consisting of 18.0
Acres t from R-40 to AG-1 and to modify the covenants and conditions of the
previous rezoning approval on that portion of the Grantors' property consisting of 13.0
Acres t (the "Thirteen Acre Parcel") as set forth in that certain Zoning Agreement
dated May 26, 1992, duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 3108, at page 526, and any other
Zoning Agreements affecting the Property (hereinafter defined) and recorded prior
hereto, if any (the "Prior Zoning Agreements"), so that those covenants and conditions
are consistent with the covenants and conditions set forth in that certain Zoning
Agreement made by Indian River Plantation, Inc., a Virginia corporation, Indian River
Country Club Estates, L.P., a Virginia limited partnership, Thomas G. Vance and
Robert F. Ripley, Jr., dated December 16, 1993, duly recorded in the aforesaid Clerk's
Office in Deed Book 3333, at page 792; and
WHEREAS, the Thirteen Acre Parcel is more particularly described in Exhibit
A attached hereto and incorporated herein, and is hereinafter referred to as the
"Property"; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for residential use through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that in order to recognize the effects of
change, and the need for various types of uses, certain reasonable conditions governing
the use of the Property for the protection of the community that are not generally
applicable to land in a Residential Zoned classification are needed to cope with the
situation which the Grantors' proposed development gives rise to; and
2
WHEREAS, the Grantors have voluntarily proffered in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the
Residential Zoning district or zone by the existing overall zoning ordinances, the
following reasonable conditions related to the physical development and operation of
the Property to be adopted as a part of said amendment to the new Zoning Map
relative to the Property described above, which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning and proposed
development; and
WHEREAS, said conditions having been proffered by the Grantors and
allowed and accepted by the Grantee as part of the amendment to the zoning
ordinance, such conditions shall continue in full force and effect until a subsequent
amendment changes the zoning on the Property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent amendment if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the Clerk's office
of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the
record owner of the subject property at the time of recordation of such instrument;
provided, further, that said instrument is consented to be the Grantee in writing as
evidenced by a certified copy of an ordinance or a resolution adopted by the governing
3
body of the Grantee, after a public hearing before the Grantee advertised pursuant to
the provisions of the Code of Virginia, Section 15.1-431, .which said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such
consent.
WHEREAS, only as to the Property, the covenants, conditions and restrictions
set forth herein supersede in their entirety those set forth in the Prior Zoning
Agreements, and only as to the Property, the Prior Zoning Agreements are hereby
temunated.
NOW, THEREFORE, the Grantors, for themselves, their assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or
execution from the Grantee or its governing body and without any element of
compulsion or quid pro guo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and
restrictions as to the physical development and operation of the Property and
governing the use thereof and hereby covenant and agree that this Declaration shall
constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their
heirs, personal representatives, assigns, grantees and other successors in interest or
title, namely:
4
1. The Grantors agree to develop the property substantially in confornuty
with the Land Use Plans entitled "REZONING PLAN OF BRITT FARM", dated
December 1, 1994, which said plans have been exhibited to the City Council and are
on file in the Department of Planning.
2. The Grantors agree to develop a comprehensive stomswater
management/open space protection plan, upon approval by the City of Virginia Beach,
and prior to final plat recordation to include the following elements:
(a) A description of the existing environmental hydrological
conditions of the site and receiving water;
(b) Delineation of non-tidal wetlands (if present) subject to approval
by the Corps of Engineers;
(c) Changes in topography resulting from construction;
(d) Protection of critical edge habitat if present;
(e) Identification of areas which support rare and endangered species
and their habitat areas in accordance with information provided by the U.S.
Fish and Wildlife Service and the Virginia Department of Conservation and
Recreation;
(f) Location of regional Best Management Practice facilities.
3. The Grantors agree to provide a 50 foot buffer strip in the rear of all
residential lots which abut existing agricultural areas. These buffers will be
5
constructed with the first 25 feet of such area adjacent to an agricultural operation
shall be planted to develop a grassed area. The second 25 feet of such area shall be
planted with a mixture of deciduous and evergreen trees of the seedling variety and
placed in three rows on 10 foot centers. Assistance and recommendations in the
creation of this forested buffer will be sought from the City of Virginia Beach and the
Virginia Department of Forestry. In addition to the above a pedestrian walkway shall
be integrated into the buffer area; as depicted on the site plan. The Buffer/Walkway
shall be described in lot deed restrictions and be maintained by the Homeowner's
Association.
4. The Grantors further agree to provide the same buffer strip as described
in Proffer 3 along the residential lot frontage that abuts Indian River Road. The
development of these buffer areas, however, shall be reversed with the first 25 feet
adjacent to the lots being planted and developed into a grass area and the 25 feet
adjacent to the roads shall be planted with a mixture of deciduous and evergreen trees
of the seedling variety and placed on 10 foot centers.
5. The Grantors recognize that the subject site is located within the limits
of Transitional Area II identified in the Comprehensive Plan of the City of Virginia
Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states
that all development within Transitional Area II shall pay its pro rata share of al]
6
needed capital improvements. Grantors agree to pay their pro rata share subject to the
following:
(a) Grantors will make payments on a residential lot basis
(hereinafter per unit pro rata cost). As of the permitted commencement date for
platting of residential lots (January 1, 1994), the per unit pro rata cost will be
$1,675.00.
Grantors recognize that the per unit pro rata cost will be paid
over a period of years and therefore inflation must be considered. In that regard,
Grantors agree to pay the per unit costs according to the following schedule:
Time Period Per Unit Cost
(Payment per
residential lot)
January 1, 1994 -December 31, 1994
January 1, 1995 -December 31, 1995
January 1, 1996 -December 31, 1996
January 1, 1997 -December 31, 1997
January 1, 1998 -December 31, 1998
January 1, 1999 -December 31, 1999
January 1, 2000 -December 31, X000
January 1, 2001 -December 31, 2001
January 1, 2002 -December 31, 2002
$1,675.00
1,723.25
1,777.00
1,830.31
1,885.22
1,941.77
2,000.02
2,060.02
2,121.82
Any payment made after December 31, 2002 will continue to
increase by three (3) percent annually.
(b) Grantors agree to make payment for each residential lot shown
on any subdivision plat prior to recordation of that plat.
(c) All payments will be made to the Planning Department payable
to the City Treasurer.
7
(d) The Grantors agree to dedicate a maximum of 33 feet from the
existing Indian River Road right-of--way (30 foot) along the frontage of the subject
sites adjacent to Indian River Road to allow for an ultimate 96 foot right-of--way for
Indian River Road in accordance with the City Master Street Highway Plan dated
April 28, 1992. The right-of--way dedication will be made prior to or concurrent with
the recordation of the first subdivision plat. In the event that the road improvements
contemplated in this proffer have not been included in the City's 5-year CIP at the
time of the subdivision approval, the Grantors agree to execute an appropriate
agreement prior to such subdivision approval, in form acceptable to the City Attorney,
to assure that such dedications will be conveyed to the City upon the inclusion of said
road improvements in the CIP. The Grantors acknowledge that subdivision approval
will not be granted until such an agreement has been executed. If the property and/or
improvements proffered by the Grantors in this paragraph are not used by the Grantee
anytime within the next 20 years for the purpose for which they are proffered, then
such property and/or any funds paid and unused may be used by the City of Virginia
Beach for any other public purpose.
(e) All funds collected will be utilized by the Grantee to offset
right-of--way acquisition and improvement costs for the construction of the 150-foot
major arterial shown on the Grantee's Master Street and Highway Plan. In the event
that the 150-foot major arterial has not been included in the City's 5 Year Capital
Improvement Program, the Grantee, at its discretion, may apply said funds to any
other roadway in the 5 Year Capital Improvement Program in or adjacent to Transition
8
Areas I or II. If the Grantee does not proceed with the construction of any Capital
Improvement Program road project for which the funds have been collected within 20
years, all funds shall be applied to the funding of public schools generated by the
proposed development.
(f) The Grantors recognize that the payment of pro rata share costs
does not eliminate other required fees normally associated with development process.
6. Prior to development of the Property, the Grantors shall install (or bond,
if appropriate) at their own expense an on-site roadway system as may be reasonably
required to meet the demands created by this development without cost to the Grantee.
Grantors agree that these improvements will be completed, or bonded if
appropriate, prior to the recordation of the last residential lot in the subject site or
December 31, 2002, whichever comes first.
7. The Grantors agree to embellish all entrances to the development with
landscaping and low monument style signage treatment.
It is recognized that further conditions may be required during the
administration of applicable City ordinances and that there will be detailed site plan
review to meet all applicable City codes, and that further conditions may be required
during the administration of applicable City ordinances.
9
All references hereinabove to requirements and regulations applicable
thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach,
Virginia, in force as of May 28, 1993, which is by this reference incorporated herein.
The Grantors covenant and agree that (1) the Zoning Administrator of
the City of Virginia Beach, Virginia, shall be vested with all necessary authority on
behalf of the governing body of the City of Virginia Beach, Virginia, to administer
and enforce the foregoing conditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and (ii), the bringing of legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) if aggrieved by any decision of the Zoning Administrator pursuant to the
provisions, the Grantors shall petition to the governing body for review thereof prior to
instituting proceedings in court; and (4) the Zoning Map may show by an appropriate
symbol on the map the existence of conditions attaching to the zoning of the subject
property on the map and that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office of the Zoning Administrator
and in the Planning Department and that they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name
of the Grantors and Grantee.
~o
WITNESS the following signatures:
STATE OF VIRGII~TIA
CITY/COUNTY OF _
~~ ~ ~~
,.
Mary Ellen ~ Britt
,~~
Alice M. Britt
~ew
k
Thelma Britt Hams
w1~2K
to-wit:
I, ~ U-/~ a Notary Public for the State
of Virginia, do hereby certify hat Mary Ellen ,whose na/mk is signed to the
foregoing instrument bean date on the /~ day of k.X~- '~~~~; 1994, has
acknowledged the same be ore me in the City and State aforesaid.
Notary lic
'~ :.~,•
My commission expires: ~Lc 9~`' , ~ocz~_, ~~ • -
c
~ car-: _-. Q.~c.~ ~ I , i9 9 5 "
STATE 0~~~ -~ UDC
CITY/CO OF to-wit:
I, ~~ ~ l.•~1 a Notary Public for the State
of Virginia, do hereby certify at Alice M. Bn ose name is sig~ed to the
foregoing instrument bearin date on the C ~ of ~-e•- ~a`~5 , 1994, has
acknowledged the same before me in the City and State aforesaid.
pit ` ~ W ~~'
Notary Pub c
My commission expires: ~~e ~~, 1 9 `~ `t
AL'Jr
-~u~.: 11
~i~. ~~ .
-24-
Item IV-H.1. e.
PUBLIC HEARING ITEM # 38862
PLANNING
Attorney R J. Nutter, 4425 Corporation Lane, Phone: 671-200, represented the applicant. 257 petitions
and letters in SUPPORT of the application were presented and hereby made a part of the record.
Kal Kassir, Corner Market -Shore Drive, Phone: 428-8845, spoke in SUPPORT.
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of BAYLAKE PINES PRIVATE SCHOOL for a Conditional use Permit:
ORDINANCE UPON APPLICATION OF BAYLAKE PINES PRIVATE
SCHOOL FOR A CONDITIONAL USE PERMIT FOR A PRIVATE
SCHOOL (ADDITION) 802951935
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baylake Pines Private School for a
Conditional Use Permit for a private school (addition) on the north side
of Shore Drive, 180 feet east of Vantage Point Road. Said parcel is
located at 4444 Shore Drive and contains 4.978 acres. BAYSIDE
BOROUGH.
The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Vrginia, on the Twen , -eighth o~.February,
Nineteen Hundred and Nine -Five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor ~Iliam D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
-25-
Item IV-H.1. f.
PUBLIC HEARING ITEM # 38863
PLANNING
Susan Chong, 1085 Vrginia Beach Boulevard Phone: 422-2565, the applicant
A motion was made by Councilman Harrison, seconded by Yce Mayor Sessoms, to ADOPT an Ordinance
Application of DAE IK CHONG for a Conditional Use Permit for truck rentals at the Southeast corner
of Virginia Beach Boulevard and North Birdneck Road (1085 Vrginia Beach Boulevard), containing
1.0474 acres (LYNNHAVEN BOROUGH) as conditioned.
A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Councilman Moss, to ADOPT
an Ordinance upon Application of DAE IK CHONG for a Conditional Use Permit for truck rentals at
the Southeast corner of Virginia Beach Boulevard and North Birdneck Road (1085 Virginia Beach
Boulevard), containing 1.0474 acres (LYNNHAVEN BOROUGH). with the additional condition that the
parked trucks be located on the East side of the site near the convenience store to be more aesthetically
pleasing.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert K Dean, ,Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K Parker
Council Members Voting Nay:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Louis R. Jones, Vice
Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Absent:
February 28, 1995
-26-
Item IV-H.1. f.
PUBLIC HEARING ITEM # 38863 (Continued)
PLANNING
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of DAE IK CHONG for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DAE IK CHONG FOR A
CONDITIONAL USE PERMIT FOR TRUCK RENTALS 802951936
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dae Ik Chong for a Conditional Use
Permit for truck rentals at the southeast corner of Vrginia Beach
Boulevard and North Birdneck Road. Said parcel is located at 1085
Vrginia Beach Boulevard and contains 1.0474 acres. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Approval is for three trucks only.
2. The rental trucks shall not exceed 24 feet in length.
The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Vrginia, on the Twenty eighth of February.
Nineteen Hundred and Nine , -Five.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice
Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean, John D. Moss and Nancy K Parker
Council Members Absent:
None
February 28, 1995
-27-
Item IV-H.I.Q.
PUBLIC HEARING ITEM # 38864
PLANNING
Upon motion by Councilman Jones, seconded by Yce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of CHERYL J. KINNEY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHERYL J. KINNEY FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BATON
TWIRLING CLASSES) 802951937
BE II' HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cheryl J. Kinney for a Conditional Use
Permit for a home occupation (baton twirling classes) at the southwest
corner of Lavender Lane and Carnation Avenue. Said parcel is located
at 553 Lavender Lane and contains 8,837.54 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. Classes shall 6e limited to six (6) students.
2. Classes are to be held only on Saturdays.
3. The conditional use permit is valid for a period of two (2)
years.
The Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of February
Nineteen Hundred and Nine , -Five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
-28-
Item IY-I.1.
APPOINTMENTS ITEM # 38865
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
PERSONNEL BOARD
Michael C. Savvides
Janet G Turlington
Three Year Term
3/1/95-2/28/98
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Yce Mayor William D. Sessoms,
Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
-29-
Item IV-I.2.
APPOINTMENTS ITEM # 38866
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
February 28, 1995
-30-
Item IV-L 3.
APPOINTMENTS
ITEM # 38867
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
YOUTH SERVICES COORDINATING COUNCIL
Jim Woolf Court Services Unit 1-Yr. 3/1/95-2/28/96
Sgt. Ray Greenwood Police Department 2-Yr. 3/I/95-2/28/97
Daniel M. Stone Social Services Dept. 3-Yr. 3/1/95-2/28/98
Pat Davidson Public Health Dept. 1-Yr. 3/1/95-2/28/96
JoAnn Ackerman MH/MR/SA 2-Yr. 3/I/95-2/28/97
Marcie Sims Public Libraries 3-Yr. 3/1/95-2/28/98
Susan Walston Parks & Recreation I-Yr. 3/1/95-2/28/96
Andrew M. Friedman Housing & Neighborhood Preservation 2-Yr. 3/1/95-2/28/97
Sidney Faucette Public Schools Adm. 3-Yr. 3/1/95-2/28/98
David L. McClenney CARE 1-Yr. 3/1/95-2/28/96
John L. Kung CARE 2-Yr. 3/1/95-2/28/97
Ann Phillips Non-Profit Organ. 3-Yr. 3/1/95-2/28/98
James Woods Non-Profit Organ. 1-Yr. 3/1/95-2/28/96
Joe O'Brien Adult Business 2-Yr. 3/1/95-2/28/97
Teressa Stanley Interfaith Group 3-Yr. 3/1/95-2/28/98
Nony E. Abrajano Volunteer Non-Profit 1-Yr. 3/1/95-2/28/96
Phyllis Milette Volunteer Non-Profit 2-Yr. 3/1/95-2/28/97
Scott Sacks Mayor's Youth Council 1-Yr. 3/1/95-2/28/96
Stanley Smith Student 1-Yr. 3/1/95-2/28/96
Sonia Montero Student 1-Yr. 3/1/95-2/28/96
Keesh Tann Student 1-Yr. 3/1/95-2/28/96
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Yzce Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
- 31 -
Item IV-J.1.
UNFINISHED BUSINESS ITEM # 38868
ADD-ON
Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADDED to the
Agenda:
Resolution requesting Governor Allen to postpone the signing of House
Bill NO. 1593 until after City Council conducts a Public Hearing on
March 7, 1995, and formally votes on whether or not to support the
provisions contained therein.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
- 32 -
Item IV-J.1. b.
UNFINISHED BUSINESS ITEM # 38869
ADD-ON
Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council ADOPTED, AS
AMENDED*:
Resolution requesting Governor Allen to postpone the signing of House
Bill NO. 1593 until after City Council conducts a Public Hearing on
March 7, 1995, and formally votes on whether or not to support the
provisions contained therein.
(Sponsored by Council Lady Henley)
*On Line 38, the verbiage "no later than March 14, 1995 ; shall be
added after the verbiage "..March 7, 1995, and formally votes, "
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
February 28, 1995
1 RESOLUTION REQUESTING GOVERNOR ALLEN TO
2 POSTPONE THE SIGNING OF HOUSE BILL NO. 1593
3 UNTIL AFTER CITY COUNCIL CONDUCTS A PUBLIC
4 HEARING ON MARCH 7, 1995, AND FORMALLY VOTES
5 ON WHETHER OR NOT TO SUPPORT THE PROVISIONS
6 CONTAINED THEREIN
7 WHEREAS, at an advisory referendum held at the general
8 election in May of 1994, a majority of the qualified voters of the
9 City of Virginia Beach voted in favor of amending the City's
10 existing councilmanic electoral plan to provide for division of the
11 City into seven districts of approximately equal population, with
12 seven members to be elected only by the voters of their respective
13 districts, and three members and the mayor to be elected by and
14 from the City at large;
15 WHEREAS, on October 25, 1995, City Council held a public
16 hearing to determine if the citizens of the City desired the
17 General Assembly to amend the City's existing councilmanic
18 electoral plan in the manner provided above;
19 WHEREAS, pursuant to Section 15.1-835 of the Code of
20 Virginia, City Council, by resolution adopted October 25, 1995,
21 requested the General Assembly to introduce a bill in its 1995
22 Session to amend the City's existing councilmanic electoral plan in
23 the manner provided above;
24 WHEREAS, during its 1995 Session, the General Assembly
25 introduced and adopted House Bill No. 1593, which amends the City's
26 existing councilmanic electoral plan by providing for seven
27 districts of approximately equal population with the members of
28 council being elected in the same manner that they are currently
29 elected; and
30 WHEREAS, City Council would like to afford its citizens
31 an opportunity to appear at a public hearing and comment on House
32 Bill No. 1593 prior to its being signed by Governor Allen.
33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35 That City Council hereby requests Governor Allen to
36 postpone the signing of House Bill No. 1593 (attached hereto as
37 Exhibit "A") until after City Council conducts a public hearing on
38 March 7, 1995, and formally votes, no later than March 14, 1995, on
39 whether or not to support the provisions contained therein.
40 BE IT FURTHER RESOLVED:
41 That the City Clerk is hereby directed to transmit a
42 certified copy of this Resolution to Governor Allen and to each
43 member of the City's local delegation to the General Assembly.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the 28 day of February , 1995.
46 CA-5862
47 Noncode\Charter.Res
48 R-4
49 March 1, 1995
2
- 33 -
Item IV-K 1. a.
NEW BUSINESS ITEM # 38870
COUNCIL-SPONSORED ITEMS
The following registered to speak in SUPPORT of the Ordinances:
Gerald S. Divaris, 1519 Quail Point Road, Phone: 481-3327
David Ollison, The Urban League, 840 Church Street, Suite 1, Norfoll5 Phone: 627-0864
Leroy Michael Cloud-Butler, 208 Matt Lane, Vrginia Beach 23454, Phone: 422-3340
Sylvia Strickland-Primm, 1504 Colonnade Drive, Vrginia Beach 23451, Phone: 491-8317
Helen P. Shropshire, 5908 Tajo Avenue, Virginia Beach 23455, Phone: 461-3040
Bill Reid, Cellar Door Productions of Yzrginia, Inc.
Council Lady Strayhorn distributed correspondence from Gilbert T. Bland President of TymarJ~
(Franchisee of Burger King Corporation), which is hereby made a part of the record.
A motion was made by Council Lady Strayhorn, seconded by Councilman Harrison, that City Council
ADOPT Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division 2.5 of the Code of the
City of Virginia Beach, Virginia, by DELETING Section 2-220.1 and ADDING Subdivision 4, Sections
2-224.1, 2-224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re Procurement.
(Sponsored by Mayor Meyera E. Oberndorf and Council Lady Louisa M. Strayhorn)
A motion was made by Vice Mayor Sessoms CALLING FOR THE QUESTION:
Voting: 7-4 (MOTION FAILED AS 2/3 VOTE REQUIRED)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., ,
Louis R. Jones, Mayor Meyera E Oberndorf, Vice Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean, Barbara M. Henley, John D. Moss and Nancy K Parker
Council Members Absent:
None
February 28, 1995
-34-
Item IV-K 1. b.
NEW BUSINESS ITEM # 38870 (Continued)
COUNCIL-SPONSORED ITEMS
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division
2.5 of the Code of the City of Virginia Beach, Vrginia, by DELETING
Section 2-220.1 and ADDING Subdivision 4, Sections 2-224.1, 2-
224.2, 2-224.3, 2-224.4, 2-224.5, 2-224.6, 2-224.7 and 2-224.8 re
Procurement. (Sponsored by Mayor Meyera E. Oberndorf and Council
Lady Louisa M. Strayhorn)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Yce
Mayor William D. Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean, John D. Moss and Nancy K Parker
Council Members Absent:
None
February 28, 1995
Requested by Mayor Meyera E. Oberndorf and
Councilmember Louisa M. Strayhorn
1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2,
2 ARTICLE VI, DIVISION 2.5 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, BY DELETING
4 SECTION 2-220.1 AND ADDING SUBDIVISION 4,
5 SECTIONS 2-224.1, 2-224.2, 2-224.3, 2-224.4,
6 2-224.5, 2-224.6, 2-224.7, AND 2-224.8,
7 PERTAINING TO PROCUREMENT
8 WHEREAS, the City reaffirms its commitment to its
9 established policy of equal opportunity and nondiscrimination in
10 procurement, and supports the concept of economic advancement for
11 all of its citizens;
12 WHEREAS, it is the policy of the City to encourage the
13 participation of minority-owned businesses in City procurement
14 activities;
15 WHEREAS, the City will continue to ensure that its
16 procurement opportunities are available to all persons, regardless
17 of race, religion, color, sex, national origin or handicap;
18 WHEREAS, pursuant to State and local law, public
19 contracts may only be awarded to the lowest responsible and
20 responsive bidder, as defined in ~ 2-217.2 of the City Code; and
21 WHEREAS, State and local law also require businesses and
22 individuals who contract with public bodies to be equal opportunity
23 employers and to refrain from discrimination against any employee
24 or applicant for employment;
25 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That Chapter 2, Article VI, Division 2.5 of the Code of
28 the City of Virginia Beach, Virginia, is hereby amended and
29 reordained by deleting Section 2-220.1 and adding a new Subdivision
30 4 "Discrimination in Contracting Prohibited", consisting of
31 Sections 2-224.1 through 2-224.8, which shall read as follows:
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51 a{~61~-a~te@-6~r~i ~e~er-ai-'rz^r"~~3 ~e-6i~-i~E~~~a~~6-ir-Sti, ., , , t.,,. a ,-.,,,,,..,a
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57
5 8 Subdivision 4. Discrimination in Contractin_4 Prohibited
59 Section 2-224.1. Definitions.
60 For purposes of this subsection, the following words shall
61 have the meanings ascribed to them in this section:
62 (a) Good faith minority-owned business participation
63 efforts: The sum total of efforts by a particular business to
64 provide for the equitable participation of minority employees and
65 subcontractors in the operations and contracts of such busines
66 ,~ For mast efforts this sum total shall be
67 comprised of the record of minority participation over the past two
68 S2) years through em ployment retention, and promotion;
69 subcontracting or joint ventures in the private sector; or a
70 combination thereof.
71 ii In connection with the performance of a
72 particular City contract good faith efforts shall mean those
73 measures which are proposed to allow equitable participation of
74 minority employees and subcontractors.
75 ~b1 Minority-owned business: A business or other entity
76 that is at least fifty-one (51) percent owned and controlled by one
77 or more socially and economically disadvantaged person(s). For
78 purposes of this definition the term "control" shall mean
79 ,
exercisin g the power to make policy decisions and being actively
80 involved in day-to-day management. Such disadvantage may arise
81 from cultural racial chronic economic circumstance or background,
82 or other similar cause. Such persons include, but are not limited
83 to, Black Americans, Hispanic Americans, Asian Americans, Eskimos,
84 and Aleuts.
85 ~_c_)_ Minority contractors bid list: A list of
86 contractors who have completed and filed with the Purchasing Agent
87 the City's bidder application indicating that their firm is a
88 minority-owned business.
89 Section 2-224.2 Employment Discrimination by
90 Contractor Prohibited.
91 The following provisions shall be included in every contract
92 of over ten thousand dollars ($10,000.00):
93 (1) During the performance of this contract, the
94 contractor agrees as follows:
95 (a) The contractor will not discriminate against any
96 employee or applicant for employment because of race, religion,
97 color, sex or national origin, except where religion, sex or
98 national origin is a bona fide occupational qualification
99 reasonably necessary to the normal operation of the contractor.
100 The contractor agrees to post in conspicuous places, available to
3
101 employees and applicants for employment notices setting forth the
102 provisions of this nondiscrimination clause.
103 fib) The contractor, in all solicitations or
104 advertisements for employees placed by or on behalf of the
105 contractor will state that such contractor is an equal opportunity
106 employer.
107 (c) Notices advertisements and solicitations placed in
108 accordance with federal law rule or regulation shall be deemed
109 sufficient for the purp ose of meetin g the requirements of this
110 section.
111 (2) The contractor will include the provisions of the
112 foregoing paragraphs a, b, and c in every subcontract or purchase
113 order of over ten thousand dollars ($10,000.00), so that the
114 provisions will be binding upon such subcontractor or vendor.
115 Section 2-224.3. Minority-owned business opportunities -
116 construction contracts - bid requirements.
117 LL The purchasing agent shall maintain a list of
118 minority-owned businesses that are engaged in business as prime
119 construction contractors. Such list shall be provided, upon
120 request, to any interested party.
121 ~bL Notice of every invitation to bid on city
122 construction contracts in excess of fifteen thousand dollars
123 ($15,000) shall be provided to each business included in the
124 bidders list maintained pursuant to subsection (a) of this section.
125 In addition, the purchasing agent shall also forward such notices,
126 upon request, to any minority organization or other interested
127 party.
128 S,c~ Every bid submitted in response to an invitation to
129 bid on a city construction contract in excess of fifteen thousand
130 dollars ($15,000.00) shall be required to contain a statement
131 setting forth the good faith minority-owned business participation
132 efforts which the bidder has undertaken in the past, and which the
133 bidder intends to undertake in connection with performance of the
134 contract.
135 ~dl The purchasing anent shall also maintain a list of
136 minority-owned businesses that are engaged in various fields of
137 construction subcontracting Such list shall be provided to all
138 prospective prime construction contractors upon request; provided,
139 however that the list shall not be deemed to include all available
140 minority subcontractors nor shall it be deemed to constitute an
141 endorsement of the qualifications of any subcontractor included on
142 the list.
143 ~, Prior to final payment all contractors must provide
144 documentation regardincl the actual good faith minority-owned
145 business participation efforts undertaken in connection with the
146 contract.
147 (4) That the City Purchasing Agent maintain a list of
148 minority-owned subcontractors, and provide such list to
149 prospective prime contractors, upon request; and
150 (5) That, prior to receiving final payment, contractors must
151 document the good faith minority-owned business
152 participation efforts they undertook in connection with
153 a City contract.
154 The $15,000 limitation is based upon a State Code requirement
155 that public bodies engage in competitive procurement for any
156 contract expected to exceed that amount.
157 Section 2-224.4. Minority-owned business opportunities -
158 contracts for provision of goods and services.
159 LaZ The purchasing agent shall maintain a list of
160 minority-owned businesses that supply various goods and services.
161 Such list shall be provided, upon request, to any interested party.
162 ~ Solicitations for contracts of more than fifteen
163 thousand dollars ($15 000.00) shall include at least three (3)
164 minority-owned businesses that are included on the list maintained
165 pursuant to subsection (a) of this section and are in the business
166 of supplying goods or services of the kind to be procured, unless
167 the list contains less than three (3) minority-owned businesses
168 which are in the business of supplying goods or services of the
169 kind to be procured. In addition, the purchasincL agent shall
5
170 forward such solicitations upon request, to any minority
171 organization or other interested party.
172 Section 2-224.5. Minority-owned business opportunities -
173 procurement of professional and other than
174 professional services by competitive
175 negotiation
176
177 ~aZ Every
for Proposals ("RFP") proposal submitted in response to
(Section 2-215.1 of the City Code a Request
) shall be
178 required to contain a statement setting forth the g ood faith
179 minority-owned business participation efforts which the responding
180 party has undertaken in the past and which the responding party
181 intends to undertake in connection with performance of the contract
182 or service.
183 L~ Compliance with the provisions of Section 2-224.2,
184 "Employment discrimination by contractor prohibited," shall be
185 considered in the RFP evaluation and contractor selection process.
186 Section 2-224.6. Responsible and responsive bidder; qualified
187 offeror.
188 The provisions of this subdivision shall be used as criteria
189 in determining whether a bidder is deemed to be responsible and
190 responsive as defined in Section 2-217.2, or whether an offeror is
191 deemed to be fully qualified, and no contract shall be awarded to
192 a bidder or offeror who has not complied with the provisions
193 herein.
194 Section 2-224.7. Public inspection of records.
195 In accordance with the Virginia Freedom of Information Act, a
196 bidder's or contractor's statement of "good faith minority-owned
197 business participation efforts" shall be open to public inspection.
198 Section 2-224.8. Penalties.
199 _(aj_ Any bidder or contractor that intentionally makes a
200 material misrepresentation in connection with any of the
201 information required by this subdivision shall be debarred from
202 contracting with the City for a period of two (21 years from the
203 date of notification of such debarment.
204 ~b1 The debarment of any bidder or contractor pursuant
205 to this subdivision shall be deemed to include the debarment of any
206 successor corporation partnership, firm or other entity controlled
207 or managed by any officer directors partner or controlling
208 shareholder of the debarred bidder or contractor.
209 Adopted by the Council of the City of Virginia Beach, Virginia
210 on the 28th day of February, 1995.
211 ORD-95-2309
212 CA-5252
7
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Item IV-K 1. b.
NEW BUSINESS ITEM # 38870 (Continued)
COUNCIL-SPONSORED ITEMS
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 2, Article VI, Division
2.5 of the Code of the City of Virginia Beach, Vrginia, by ADDING
Sections 2-224.8, 224.9, and 224.10 to establish a Minority Business
Council. (Sponsored by Mayor Meyera E. Oberndorf and Council Lady
Louisa M. Strayhorn)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf, Vice Mayor William D. Sessoms, Jr., and Louisa M.
Strayhorn
Council Members Voting Nay:
John D. Moss and Nancy K Parker
Council Members Absent:
None
February 28, 1995
-35-
Item IV-KI.b.
NEW BUSINESS ITEM ~ 38870 (Continued)
COUNCIL-SPONSORED ITEMS
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 2, Article N Division
2.5 of the Code of the City of Yrginia Beach. Virginia, by ADDING
Sections 2-224.8, 224.9, and 224.10 to establish a Minority Business
Council. (Sponsored by Mayor Meyers E. Oberndorf and Council Lady
Louisa M Strayhorn)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood D. Branch, III, Robert K Dean, W:Iliam W,
Harrison, Jr, Barbara M. Henley, I,~~uis R. Jones, Mayor Meyers F..
Oberndorf, ice Mayor William D. Sessoms•. Jr., and Louisa M.
Strayhorn
Council Members Voting Nay:
John D. Moss and Nancy K Parker
Council Members Absent:
None
February 28, 1995
Requested by Mayor Meyera E. Oberndorf and Councilmember Louisa M.
Strayhorn
1
2 AN ORDINANCE TO AMEND AND REORDAIN
3 CHAPTER 2, ARTICLE VI, DIVISION 2.5
4 OF THE CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, BY ADDING SECTIONS
6 2-224.9, 224.10, AND 224.11
7 PERTAINING TO THE MINORITY BUSINESS
g COUNCIL
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Chapter 2, Article VI, Division 2.5 of the Code of the
12 City of Virginia Beach, Virginia, is hereby amended and reordained
13 to read as follows:
14 Sec. 2-224.9. Minority Business Council established; composition;
15 ~pointment and terms of members; etc.
16 S~ There is hereby created the City of Virginia Beach
17 Minority Business Council which shall consist of five (5) members.
18 ~ The members of the Minority Business Council shall be
19 appointed by the City Council for terms of two (2) years. Of those
20 members appointed one (1) member may be a member of City Council.
21 The Minority Business Council shall elect, from among its members,
22 a chairperson and vice-chairperson.
23 ~ Attendance records shall be kept at each meeting of the
24 Minority Business Council, and an annual report of attendance shall
25 be submitted to City Council through the City Clerk's office. No
26 member shall accumulate an annual total of (i) more than three (3)
27 absences or iii) absences exceeding one-fourth of the number of
28 meetings held whichever is lesser, for reasons other than personal
29 illness death or other unusual circumstances. If this limitation
30 is exceeded the chairperson shall report to the City Clerk the
31 name of the Minority Business Council member whose unexcused
32 absences exceed the number set forth herein. The City Clerk shall
33 then notify such member in writing, with copies to the City
34 Council, that, due to absences in excess of the number allowed
35 herein, his or her membership is terminated. Thereafter, the City
36 Clerk shall forward the vacancy to the City Council for appointment
37 of a new Minority Business Council member to serve for the
38 remainder of such terminated member's term.
39 ,~ Notwithstanding the provisions of subsections fib) and (c~
40 of this section, all members of the Minority Business Council shall
41 serve at the pleasure of City Council.
42 Sec. 2-224.10. Staff assistance; recordation of minutes.
43 u The city's purchasing agent shall serve in an advisory
44 capacity to the Minority Business Council and among other duties
45 shall assist the chairperson of the Minority Business Council in
46 the preparation of meeting agendas.
47 Sec. 2-224.11. Duties, powers and functions.
48 The Minority Business Council shall serve as an advisory
49 agency to the City Manager and the City Council with respect to the
50 city's procurement policies and procedures and shall be vested with
51 the following duties, powers and functions:
52 ja1 To advise the City Manager and the City Council on policy
53 and procedural issues involved in:
54 j1,Z The city's established policy of equal opportunity
55 and nondiscrimination in procurement;
56
57 j2,1
participation The city's continuing efforts
of minority-owned businesses in to encourage the
city contracts; and
58 _L3.1_ The city's assurance that its procurement
59 opportunities are made available to all persons, regardless of
60 race, religion , color, sex, national origin or handicap.
61 (b) To institute, conduct, and engage in educational and
62 training prog rams to promote minority involvement in the public
63 procurement process.
64 (c) To serve as a forum for the discussion and development of
65 minority awareness of the procurement process.
66 ld1 To provide City Council and the City Manacier with an
67 annual written report of the Minority Business Council's activities
68 on or before December 31st of each year.
69 .u To adopt rules and procedures for the conduct of its
70 affairs.
71 The Minority Business Council shall not be empowered or
72 authorized to ~rovidTadvice or assistance with respect to, or
73 otherwise become involved in, individual procurement solicitations,
74 evaluations, awards, disputes or protests.
75 Adopted by the City Council of the City of Virginia Beach on
76 this 28th day of February, 1995.
77 CA-5856
78 DATA/ORDIN/PROPOSED/MINORITY.2
79 FEBRUARY 22, 1995
80 R9
3
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Item IV-L.1.
NEW BUSINESS ITEM # 38871
BY CONSENSUS, City Council developed the process City Council will follow to appoint a citizen to fill
the vacancy created by Councilman Moss' resignation effective March I5, 1995. Interviews of candidates
shall be SCHEDULED for March 17, 1995, with a SPECL4L FORMAL SESSION at 2:30 P.M.
A Member of City Council can nominate one person to be interviewed.
Nominations will close at 5:00 P.M. on March 7, 1995.
Nominations will be submitted to the Mayor.
Interviews will not exceed one-half hour for each individual
candidate.
Interviews will be public and televised.
At the conclusion of the interviews, City Council will RECESS into
Executive Session to discuss the candidates. Upon conclusion of this
discussion, a vote will occur to determine who will be the new Council
Member. A majority of 6 votes will be required for the successful
candidate.
February 28, 1995
-37-
Item IV-L.2.
NEW BUSINESS ITEM # 38872
ADD-ON
Mayor Oberndorf will sponsor a document re free inoculation for Rabies March 7, 1995.
February 28, 1995
-38-
Item IV-L.3.
NEW BUSINES5 ITEM # 38873
ADD-ON
City Council will RECONSIDER the Ordinance pertaining to TV/VIDEO filming of City Council
Sessions during the City Council Session of March l4, 1995.
Ordinance to AMEND and REORDAIN Section 2-20 of the Code of
the City of Vrginia Beach, Vrginia, re time and place of regular
meetings of City Council.
February 28, 1995
-39-
Item IV-M.
ADJOURNMENT ITEM # 38874
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:00 P.M.
C~ _ _o__y~~. ----__--
Bever~ l O: Hooks CMC
Y
Chief Deputy City Clerk
~~ -~
Ruth Hodges Smith, CMC/AAE
Ciry Clerk
City of Virginia Beach
Virginia
Meyera E. Oberndorf
Mayor
February 28, 1995