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Home My WebLink AboutJUNE 18, 1990 MINUTES @it-@@f @iir"-ii-iiiE-A "WORLD'S LARGEST RESORT CITY" CITY COLJNCIL MAYOR MEYEM E, OBERN@U. A, VICE MAYOR ROB@.1 @ -In@, l,i@i. .-I -,l -.1 JOHN A, MUM, -.,l -@- --@R. . @, H@N@y, I.- l@CY K. PAMER, A, J.@N 1. 1-1, 1--, JR,, A@ A--l I --@, JR, lil, CITY COUNCIL AGENDA 11@l;IIIA -11@, 11@... -E I .-I, .,, A,.- @ll@E@ S.I-. C.Cl-E, Ci@, C@k June 18, 1990 ITEM 1. CITY MANAGERTS BRIEFING - Conference Room - 10:00 AM A. VIDEO -- DUANY LAND USE SEMINAR ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:30 AM A. TIDEWATER TRANSPORTATION DISTRICT COMMISSION MOSS SKOLEMUSIKKORPS CONCERT - Flag Square - 12; NOON ITEM 111. L U N C H - Conference Roorn - 12:30 PM ITEM IV. CITY COUNCIL CONCERNS - Conference Room - 1:00 PM ITEM V. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding (Mayor Oberndorf representing City at U.S. Conference of Mayors Chicago, Illinols) B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend J. Scottio Griffin, D.D. First Presbyterian Churcil B. MOSS SKOLEMUSIKKORPS Moss, Norway C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS - June 11, 1990 G. PRESENTATIONS 1. MOSS, NORWAY, SISTER CITY DELEGATION Mayor Bjorn Barang 2. LABOR DAY COMMUNITY COORDINATION COMMITTEE Dr. Harrison B. Wilson, Co-Chair Andrew S. Fine, Co-Chair H. PUBLIC HEARING 1. PLANNING a. Ordinance to AMEND and REORDAIN Article 15, Sections 1500, 1501, 1502, 1503, 1504, 1505, 1506 and 1507 of the City Zoning Ordinance re RT-1 Resort Tourist District. Deferred June 11, 1990 Recommendation: APPROVAL ORDINANCES 1. Ordinances LITTLE NECK FIRE STATION SITE (Lynnhaven Borough): OPTION A: Authorization for acquisition of property (Lot B Subdiv Is ion of Hubert L. and Mona H. DAII), in fee simple for construction either by agreement or condemnation. OPTION B: Authorization for acquisition of property (Bettie A. Wilson Estate, Parcels A, B and C) in fee simple for construction either by agreement or condemnation. OPTION C: Authorize the City Manager to TRANSFER $ frorn the Park Land Acquisition Program to acquire property for the Little Neck Fire Station. OPTION D: FIRST READING, to authorize the City Manager to APPROPRIATE $ from the General Fund Balance to ac4u-ire property for the Little Neck Fire Station. 2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat channel on Broad Bay and The Narrows. Deferred June 4, 1990 3. Ordinance to TRANSFER $67,631 from reserves to the FY 1990-1991 Budget of the Pendleton Child Service Canter to fund a Parent-Child Education Pilot Program (AVANCE Program). 4. Ordinance to TRANSFER $40,000 trorn the General Fund Reserve for Contingency re Grant to the Sugar Plum Bakery. J. RESOLUTIONS 1. Resolution rescinding political activity section of the Code of Ethics. (Sponsored by Council Lady Reba S. McClanan and Councilman Harold Heischober) 2. Resolution requesting the Virginia Beach Schools to limit the serving of meals at Courthouse Elernentary School; and, to consider phasing out the operation of the Cafeteria Training Facility. (Sponsored by Council Lady Reba S. McClanan and Vice Mayor Robert E. Fentress) 3. Resolution authorizing the City Manager to negotiate an agreement with the Corps of Engineers for placement of dredged material on the Ocean Park Beach. (Sponsored by Councilman Harold Heischober) K. 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. 1 f an I tem 1 s removed f rom the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 21-422 of the Code of the City of Virginia Beach, Virginia, re signs required on property. 2. Ordinance, upon FIRST READING, to APPROPRIATE $34,996 to the Commonwealth's Attorney's Offlce for an additional Attorney I Position to be funded by a $29,582 increase in estimated revenues; and, $5,414 TRANSFER from Reserve for Contingencies. 3. Ordinance, upon FIRST READING, to APPROPRIATE $128,218 to fund seven (7) additional permanent positions and data processing equipment In the Sheriff's Office. 4. Ordinance, upon FIRST READING, to APPROPRIATE $408,676 to cover additional operating costs and the purchase of data processing equipment for the Sheriff's Office to be offset by an Increase in estimated revenues. 5. Ordinance, upon FIRST READING, to APPROPRIATE $119,996 to the FY 1990-1991 Budget of the Office of Community Corrections with a corresponding increase in estimated revenues; and, TRANSFER $39,999 within the FY 1990-1991 Budget for a Pre-trial Inmate Release Program. 6. Ordinance, upon FIRST READING, to APPROPRIATE $107,016 from a State Grant and $7,706 as Match from other cities; and, TRANSFER $1,926 as the City's Match to provide $116,648 to purchase Regional Communications Equipment in the FY 1990-1991 Budget of the Police Department. 7. Ordinance, upon FIRST READING, to APPROPRIATE a $9,959 Grant from the State to the FY 1990-1991 Operating Budget of the Police Department to fund a Child Abuse-Juvenile Delinquency Study. 8. Ordinance, upon FIRST READING, to APPROPRIATE $40,000 from the Pendleton Child Service Fund FY 1990-1991 Balance to the Pendleton Child Service Center; and, that a full-time, permanent position for a Nurse be created. 9. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $13,571 from the Virginia Department of Housing and Ccxnmunity Development re Emergency Home Repair Program. 10. Ordinances to authorize temporary encroachments: a. A portion ot the right-of-way of Island Lake West Canal to William 0. and Dorothy G. Arey (Lynnhaven Borough) for installation of a bulkhead and pier. b. A portion ot the right-of-way of a 100 foot drainage right-of- way (2532 Los Corrales Court) to Lois Hurdle (Princess Anne Borough) to construct an Inground pool. c. A portion of the right-of-way of Lynnhaven Parkway (560 feet North of Viking Drive - Oceana West Corporate Park) to the Virginia Beach Development Authority (Lynnhaven Borough) to allow installation of an ID sign. 11. Annual Ambulance Permit Renewal for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: a. Children's Hospital of the King's Daughters b. Norfolk Paramedical Rescue Services c. Nightingale Air Ambulance d. City of Chesapeake Fire/EMS e. Central Virginia Ambulance Service f. Tidewater Ambulance Service g. Medical Transport, lnc. 12. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: NITE LIFE MARINA, INC. L. UNFINISHED BUSINESS 1. ABSTRACT OF VOTES General Election, taay 1, 1990 M. NEW BUSINESS N. ADJOURNMENT PUBLIC HEARING July 2, 1990 9:00 AM Virginia Beach School Board Appointment Unexpired (AT LARGE) Term Ending December 31, 1990 6/14/90 cmd m I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 18, 1990 The VIDEO LAND USE SEMINAR by Andreas Duany to the VIRGINIA BEACH CITY COUNCIL was presented. in the Conference Room, City Hall, on Monday, June 18, 1990, 10:00 A.M. Council Members Present: Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and William D. Sessoms, Jr. - 2 - C I T Y M A N A G E R 'S B R I E F I N G DUANY LAND USE SEMINAR 10:00 A.M. ITEM # 32976 Councilwoman Henley introduced the Video and announced Andreas Duany makes his presentations throughout the Country and tailors them to that particular area. Counc i I woman Hen I ey distrl buted cop l es of the devel opment towns des! gn ed by Andreas Duany (Kentlands in Gaithersburg, Maryland and the town of Belmont In Loudon County). Kentlands is on 352 acres, located in Gaithersburg, Maryland. The plan for Kentiands integrates the wide range of civic activities and preserves pedestrian accessibility and public safety. The City's Planner, Rogers, Golden and Halpern, have the same concept. Rogers, Golden and Halpern have positioned one of the proposed "communities of place" exactly where the Courthouse Estates property is located. The costing out between the "trends" scenario in comparison to the "communities of place" and "traditional town" scenario, results in a difference of $275-MILLION to the City of Virginia Beach. - 3 - C 0 U N C I L C 0 N C E R N S S E S S I 0 N TIDEWATER TRANSPORTATION DISTRICT COMMISSION 11:40 A.M. ITEM # 32977 John R. Sears, Chairman - Tidewater Transportation District Cornmission advised TRT has modern facilities with the finest equipment and Is able to provide any service desired. Mr. Sears extended appreciation to Councllwoman Henley for her outstanding service on the Commission. James C. Echols, Executive Director - Tidewater Transportation District Commission, distributed a pamphlet entitled TRT TRANSPORTATION SERVICES 1990 - 1991. These services entail: Bus Service Commuter Ridesharing Community Based Van Service Maxi-Ride Hand!-Ride Discover Tidewater Ferry Service Festival Park and Ride Charters Mr. Echols distributed copies of the Tidewater Transportation District Commission Report to the Virginia Beach City Council. Said report is hereby made a part of the record. Mr. Echols reterenced Summary of Bus Services which is distributed every quarter. The Route 2000 (Virginia Beach Boulevard Route) operates in both Norfolk and Virginia Beach with express service. Sixteen buses operate on this route at any one time. The cost of the operation per day is $5,505 with a total of 3,662 passengers. The report also depicts the "Rldership on Trolley Services". #14 Norfolk Tour 9,622 127 Boardwalk 13,560 130 Atlantic Avenue 202,126 131 South Rudee 54,700 #32 Lynnhaven Mall 22,992 #36 Independence 52,544 138 Great Neck 10,418 139 Granby Mall 19,223 142 Old Towne Tour 7,518 Information Is provided relative Handi-Ride Services. The following agencies contract with TRT and are provided service on an at-cost basis: SEVAMP Norfolk Medicald Hope House Lynnshore Manor Hillhaven Nursing Home Respite Care Virginia Beach Dialysis Virginia Beach Medicald Norfolk Comm. Sev/lnf. Ghent Arms Ports Infant Service Lakewood Suffolk Health Department DRS Lake Taylor Hospital Thornton Hall - 4 - C 0 U N C I L C 0 N C E R N S S E S S I 0 N TIDEWATER TRANSPORTATION DISTRICT COMMISSION ITEM # 32977 (Continued) Virginia Beach utilizes 30,583 miles of handi-ride services at a cost of $38,797. The next chart reflected the Total Subsidy Per Passenger for the last five years. The Subsidy History for the Last Ten Years is depicted showing the decline in Federal Aid with State Aid increasing significantly and the Virginia Beach Subsidy was shown as being fairly stable. Mr. Echols reflected the Work Force Analysis: Male Female Percentage Job Classification White Black White Black Minority Bus and Trolley Drivers 68 84 35 163 71 Vehicle Maintenance 41 41 1 1 50 Paratransit 4 12 8 71 88 Tech.,Administration 3 2 10 16 58 Managerlal 22 4 9 7 26 138 143 63 258 67 Mr. Echols advised as part of the public transportation Improvements in the Norfolk-Virginia Beach Corridor, the Tidewater Tansportation District Commission has completed the planning of restoring rail passenger service along the Norfolk-Virginia Beach Corridor. TTDC now intends to pursue the planning for an extension to the Sewells Point Naval Base Complex, as well as provide a financial feasibility study for the Norfolk-Virginia Beach line. A separate task is to prepare a Financial Feasibility Study for the Norfolk-Virginia Beach Corridor. The objective will be to provide a cash flow forecast to estimate the most probable sources and uses ot funds and cash balances for the forecast period (1990-2010). Mr. Echols distributed a pamphlet concerning TRT's ridesharing activities. - 5 - MOSS SKOLEMUSIKKORPS CONCERT 12:00 NOON ITEM # 32978 V i ce Mayor Fentress ANNOUNCED the c I ty Counc i I wou I dproceed to FLAG SQUARE for the MOSS SKOLEMUSIKKORPS Concert. The MOSS SKOLEMUSIKKORPS Is a 100-plece Norwegian Band trom Moss, Norway (Virginia Beach's Sister City). - 6 - ITEM # 32979 The I NFORMAL SESS I ON of the V I RG I N I A BEACH C I TY COUNC I L was ca I I ed to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on Monday, June 18, 1990, at 1:00 P.M. The Vice Mayor ANNOUNCED there would be no EXECUTIVE SESSION. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: (Mayor Meyera E. Oberndorf was representing the City at U.S. Conference of Mayors, Chicago, lllinols) - 7 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32980 Councilman Moss related a story concerning his son, John Robert. John Robert's dog got loose. The dog was faster than his son. A police car came by and John Robert waived him down and related his problem. The police officer assisted his son in catching the dog. Needless to say, this conveyed a most favorable impression concerning community helpers. ITEM # 32981 Councilwoman Henley referenced the Ordinance to AMEND and REORDAIN the Subdivision Ordinance: Section 5.5: Requirements for curbs, gutters, storm sewers and drainage (ADOPTED by City Council on June 11, 1990.) Councilwoman Henley had requested consideration of a further amendment regarding Section (c) (v). The City Attorney has advised proposed verbiage: "There also shall be recorded through deed restrictions, covenants or other means acceptable to the director of the Department of Public Works, a statement which advises all potential purchasers that the City of Virginia Beach will not be responsible for providing and/or bearing the cost of curbs and gutters if and when owners of lots in the subdivision desire such improvement." Councilwoman Henley distributed a copy of proposed amendments, which are hereby made a part of the record. Councilwoman Henley requested this item be SCHEDULED for the City Council Session of June 25, 1990. ITEM # 32982 Councilwoman Henley also distributed a copy of a proposed Resolution: A Resolution that no land be rezoned nor use permits be issued unless the applicant can demonstrate that the Environmental Protection Agency and the Army Corps of Engineers will not object to the contemplated use. Councilwoman Henley requested said Resolution be SCHEDULED for the City Council Session of June 25, 1990. Councilwoman Henley referenced the article in Saturday's newspaper in the Business Section concerning the wetlands policy. ITEM # 32983 Concerning the VIDEO LAND USE SEMINAR by Andreas Duany earlier this morning, Councilwoman Henley distributed a reprint from the August 1989 issue of Planning relative Andreas Duany, the paper written by Bob Pierson who worked with Rogers, Golden and Halpern which contains many of the same points as Mr. Duany and an article from Virginia Business Magazine. ITEM # 32984 Councilman Perry referenced the Ordinances concerning the LITTLE NECK FIRE STATION SITE (See V-I.1 of Ordinances). Councilman Perry advised only one site had been referenced, which did not have a ditch and did not require piping. Vice Mayor Fentress advised during the Formal Session, City Council will be able to choose between two sites and two financing plans. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32985 Councilman Perry referenced last LABOR DAY 1989. Councilman Perry believed the video-tapes of the occurrence should be reviewed. The University of Mississippi, Howard Unlversity and the University of Maryland are plannlng on attending. Councllman Perry's concerns will be conveyed to the Labor Day Community Coordination Commlttee. ITEM # 32986 Councilman Baum referenced the land use values and the mistakes in connection with same. There Is a need for a system that is reliable rather than theoretical. The State Land Evaluation Advisory Council is the State agency created to prepare suggested land use values each year for jurisdictions which have adopted land use taxation. The whole process should be reviewed. City Council should provide direction whether the Real Estate Assessor, Jeraid Banagan, should make a determination based on true market value or remain with the SLEAC suggested land use values. Councilman Baum advised cash rentals would have to be confidential and handied through the use ot sealed envelopes containing the rentals paid and the amount of acreage. An average could then be determined. Mr. Banagan advised in the calculations complied by SLEAC, Increased government supplement payments are added to determine total net returns per acre for the various crops. ITEM # 32987 Councilman Perry referenced the decreases of corwnerc I a I assessments, particularly at the oceanfront. Councilman Perry cited the Assessment of the Mardi Gras Hotel: Prior Assessment New Assessment Land $ 438,000 $ 438,000 Structures $ 644,140 $ 377,000 $1,082,140 $ 815,000 Mr. Banagan advised the reductions have been based upon the last two and three years of Income and expense data submitted with the appeals. Vice Mayor Fentress advised the 1986 Tax Reform Act In no longer in eftect. Councilwoman Parker advised there may be a tremendous drop In tax revenue which may have a substantial impact on the City's budget. Councilman Moss will discuss this subject further during the Formal Session; however he believed the revenues would not be realized In the ADOPTED FY 1990-1991 OPERATING BUDGET. The City Council should have been notified of the reductions In hotel assessments during the Budget process. Councilman Moss referenced a possible softening in real estate assessments. Councilman Moss suggested investigating a Budget entailing 90% of the adopted amount. Priorities should be re-examined. The School Board Budget creates the most outstanding challenge from a revenue point of view. Approximately eighty percent (80%) of the School Board Budget encompasses salaries. Councilman Balko advised land values In different areas In the Lynnhaven Borough have risen approximately $80,000 to $100,000 per lot In one year. ITEM # 32988 Councilwoman McClanan referenced the selection of park sites and open space and requested guidelines be established. - 9 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32989 Councilwoman McClanan also requested the City Attorney to draft an ordinance regulating the location of golf courses in residential neighborhoods. The golf courses would abide by all of the National Golf Association Rules. This Ordinance could be included within the Comprehensive Zoning Ordinance. Councilwoman McCianan requested the City Attorney to investigate the possibility of creating an authority to develop golf courses and recreational facilities which would be revenue producing. The City Manager advised information will be conveyed to City Council. This procedure is working well in other communities. ITEM # 32990 Councilwoman McClanan advised the Department of Transportation Agenda for Thursday, June 21, 1990, entails the hiring of the Consultant for the Constitution Drive Project. Councilwoman McClanan desired the City Council request the Commonwealth Transportation Board delay consideration of the selection of the consultant for the Constitution Drive Project until after the "reorganized council" has reconsidered this project. Councilwornan McCianan will add this item under NEW BUSINESS during the Formal Session. 1TEM # 32991 Councilwoman Parker referenced the management letter from Peat Marwick. The firm estimated the City will owe over $500,000 in rebatable Interest as of December 31, 1989. The City Manager will provide a report. ITEM # 32992 Councilwoman Parker referenced the VARIANCE GRANTED by the Board of Zoning Appeals on June 6, 1990, to International Festival Associates, 1065 19th Street. A variance of 32 square feet to 96 square feet in sign area instead of 64 square feet and of one (1) sign to three (3) signs Instead of two (2) signs. The City Attorney will Investigate provide further information. ITEM # 32993 Councilwoman Parker referenced the Memorandum from Thomas M. Martinsen, Jr., Deputy City Manager relative the Central Business District Master Plan and the Selection of a consultant. For several months the Central Business District Ccxnmission has worked towards the selection of a consultant to perform the Master Plan, with staff support provided by the City Purchasing Agent, and in accordance with City purchasing procedures The request for proposals were prepared by the Purchasing Division, and specifications for evaluation of the proposals were prepared by a sub-committee of the Commission. Councilman Sessoms advised the Consultant will be meeting with the Central Business District Commission on Tuesday, June 19, 1990. Councilwoman Parker believed the selection of the Consultant should wait until after July 2, 1990, to receive advice from all Members of City Council. Council Members Henley and Moss believed the selection of the Consultant would require City Council's review. The City Manager will advise the Central Business District Commission of the concerns of City Council. - 10 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32994 The City Manager distrlbuted a Resolution ADOPTED by the City of Chesapeake: Resolution requesting the Environmental Protection Agency, The U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture Soil Conservation Service to reevaluate the definition of Wetlands as contained in the Federal Manual for Identifying and delineating jurisdictional Wetlands, and supporting the proposal by the U.S. Army Corps of Engineers to issue a regional permit that would al low discharges of dredged fill material on certain cleared agricultural lands. Louis Cullipher, Director of Agriculture has reviewed the Ordinance and provided comments. This Ordinance shall be SCHEDULED for the City Council Agenda of June 25, 1990. ITEM # 32995 The City Attorney distributed a REVISED Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat channel on Broad Bay and The Narrows. see Item IV-1.2 ORDINANCES The Ordinance falled to delete the word "maneuver" and substitute the word "operate". - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 18, 1990 2:00 P.M. Vice Mayor Robert E. Fentress called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 1B, 1990, at 2:00 P.M. Councii Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent-. (Mayor Meyera E. Oberndorf was representing the City at the U.S. Conference of Mayors, Chicago, Illinois) INVOCATION: Reverend J. Scottie Griffin, D.D. First Presbyterian Church PLEDGE OF ALLEGIANr'l: TA THP FlAr, OF THE UNITED STATES OF AMERICA 90 - 12 - Item VI-D.l- CERTIFICATION OF EXECUTIVE SESSION ITEM # 32996 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. - 13 - Item V-F- 1. MINUTES ITEM # 32997 Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of June 11, 1990. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John D. Moss, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf - 14 - item G. 1 PRESENTATIONS MOSS, NORWAY ITFM # 32998 SISTER CITY DELEGATION Katharine Griggs, President of the MOSS-VIRGINIA BEACH SISTER CITY ASSOCIATION, introduced Mayor Biorn Barang and Mrs. Kari Sandmael, President of the Moss Sister City Association. Mayor Bjorn Barang expressed appreciation for the opportunity to visit the beautiful City of Virginia Beach and to expand the special and historical ties between cities. Mayor Barang presented Vice Mayor Fentress and the City Council with a plaque depicting the City Seals of Virginia Beach, Virginia and Moss, Norway. Vice Mayor Fentress presented Mayor Barang with an engraved marble plaque of the City's historical collage. Mrs. Kari Sandmael, President of the Noss Sister City Association and the volunteer leader of the delegation presented Vice Mayor Fentress with the emblem of Moss, Norway. A "PICTORIAL HISTORY" of Princess Anne County and Virginia Beach, Autographed by the Mayor, was given to Mrs. Sandmael by Vice Mayor Fentress. Gifts were also presented to Jan Egil Woll, Mr. and Mrs. Helge Soelberg and Mr. Gunnar Johansen, the leaders of the MOSS SKOLE:4USIKKORPS. The children of the MOSS SKOLEKUSIKKORPS, ranging in age from eight to nineteen years old, played the "Old Hunter's March". 18 1990 - 1 5 - Item V-F. PRESENTATION ITEM # 32999 LABOR DAY COMMUNITY COORDINATION COMMITTEE Vice Mayor Fentress advised Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION COMMITTEE, were unable to attend to present their report. - 16 - Item VI-H-1- PUBLIC HEARING ITEM # 33000 PLANNING Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on: PLANNING (a) RT-1 RESORT TOURIST DISTRICT AMEND and REORDAIN Article 15, Sections 1501, 1502, 1503, 1504, 1505, 1506 and 1507 of the CZO. - 17 - Item V-H. 1 PUBLIC HEARING PLANNING ITEM # 33001 Timothy Barrow, 1928 Thunderbird Drive, Chairman - Resort Area Advisory Commission, referenced four proposed amendments to the Ordinance: Substitution for 1501 (a) ( I ) Ii, AddIt Ion of 1501 (a) ( I ) i I 1, 1502 (c) and 1503 (d) . ( I ) I imit to one the number of bicycl e rental estab l !shments permitted per hotel , prevent the use of "overhang areas" and al leys for these establ ishments, and control points of access to the bikepath. (2) Prohibit retai I commercial use within fifty (50) feet of the boardwalk. This will prevent further commercial ization of the Boardwalk. (3) Limit pedestrian crossings of the bikepath and related safety concerns. This change wi I I also act to precl ude Indirect cornmercial lzation of the boardwalk. (4) Prevent location of signs on the side elevations ot hotels to avoid the sign limit on the Boardwalk. Upon motion by Counci Iman Moss, seconded by Counci Iman Baum, City Counci I ADOPTED: Ordinance to AMEND and REORDAIN Article 15, Sections 1500, 1501, 1502, 1503, 1504, 1505, 1506 and 1507 of the City Zoning Ordinance re RT-1 Resort Tourist District.* (*Planning Staff's version) The P I ann I ng Staf f w i i I meet w I th Cha i rman Barrow an d Members of the Resort Area Advisory Commission concerning the possible addition of the recommended amendments In Mr. Barrow's letter of June 13, 1990. This Ordinance will be returned to City Council for consideration of further amendments on August 6, 1990. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, Nancy K. Parker, John D. Moss, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf AN ORI)IRMCF To AMEND AND REORDAIN AJUICLE 15 OF THE CITY ZONING ORDINANCE PEFE G TO THE FC-1 RESORT TOURISR DI=CF BE IT 0 BY THE ODUNCIL OF ME CITY OF == BEACH, @IM, That Article 15 of the city zoning ordinance bp- amerided and reordairied as follows: A. @ 1 Resort Thurist District. sec. 15M. @lative intent. The purpose of the Rr-1 Resort Tourist District is to pravide areas which can ac=mnodate high density hotels and their related needs ancl where a high concentration of resor-t facilities are desirable. This district is not interided for general application but should be limited generally to those propertip@ contiguous to Atlantic Avenue. Sec. @3.- Use ticns. (a) Principal Uses and structures: (1) Hotels and motels, which nay have in conjunction with them any ccubination of restaurants, outdoor cafes retail @ial use and corivention facilities, provided that uses in conjunction with hotels and motels may not occupy rmre than 10% of the f loor area of all structures (excluding parking) located on the lot, and ii the (i) otitdoor cafes must be directly associated with a hotel or motel restaurant -- follcwincr condit ons. no entrance or exit to an outdoor cafe shall be located on the side of the sl unless such entrance or exit provides a open area, which shall be fully enclosed to least four (4) feet without any entrances or exits facincr the boardwalk. The only exceptions to this condition arviv to boardwalk r-afes as permitted by srecial recrul in franchise a Bicycle rental establishmnts are permitted with a hotel or rotel Drovided that not more than forty (40) bicycles per zoning lot shall be @itted. A barrier shall be provided consisting of a - with suitable line secured to rust-resistant nine stanchion, anchored to a weighted base, or r)rot)erlv secured in c[rourid. Such screen will be thit -.ix 36 inches in hei t and neating the limits of the property tqr rne duration of the use pennit. It shall have an a not more than f ive (5) feet Wide on e i ther side of the enclosure not facina the ocean. only one (1) nonil luminatincf sicfn in connec.tion with e etablihent - be all-ed- -idecl hc)wever, that the surface shall not exceed four (4) sallare feet, and f@ nt @ of the portion of canvas screen wh towards the beach. (2) Public buildings and grourids; 1- are ffli -faeinej-the yar@r- areaF--@@@ ease the area@ and -t-@4E) er- f3,&)-- F-that-the the -f&@131 Public utilities installations and substations including offices; provided storage or mintenance facilities shall not be p-dtted; and provided, further, that utilities substatioris, other than @ividual transformers, shall be slirrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge f ive (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a lardscaped screening hedge, solid except for access openirxg; (b) Conditional uses and structures: Uses and structures hereiriafter specified, subject to corrpliance with the provisions of part C of article 2 hereof: (1) C@cial Parking lots and parking garages. (2) HeliPOrts and HeliStOps- (3) Restaurants, outdoor Caf@ and Retail co@cial Uses in coniunction with hotels and Taotels_ diere all or Dart of the use is located within 50 feet of the Boadwalk right-of-way. Sec. @2. Dim2risional requirem !nts. (a) minimm Lot Size: 14,000 square feet. (b) Minimm Lot Width: 70 feet. (c) Minimm Yard Requirements: 5 feet front yard, 5 feet side yard when adjacent to a street, other than the boardwalk- (d) Maximm Height: 100 feet at the eastern most property line and one and a half feet of height for each additional foot west of the eastern @t pr lim not to exceed an overall inaxi= height of 200 feet. Notwithstanding the above, no building or other stnicture shall exceed the height iiinit established by section 202(b) regarding air navigation. Ser-. 1503. Sign regulati-- (a) within the RT-1 Resort Tourist District sign recjulations pertainirig to hotels and motels shall be as follows: (1) For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one sign and not more than forty (40) square feet of surface area of signage shall be permitted; provided, h@, that no establishment shall have more than four (4) signs of which one my be a free-standing sign; and provided further, that no establishment having a frontage of less than one huridred (100) feet shall have a free-standing sign. No establi having a frontage of at least one hundred (100) feet but less than or equal to two huridred (200) feet shall have a free-standing sign exceeding thirty-two (32) e f eet of surface area per face, and rio establishment having a frontage of more than two hundred (200) feet shall have a free-standing sign exceeding seventy-five (75) square feet of surface area per face. No free-standirig sign shall exceed two (2) faces , and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or proper-ty having less frontage or lot line adjoining a street than required @ve may have one sign not exceeding thirty (30) square feet of surface area. (b) Within the IU-1 Resor-t Tourist District sign recjulations pertaining to multiple family dwellings, parks, playgrourids, co@ity centers, botanical and zoological gardens and other public buildings and uses shall be as specified in the district where the use is first permitted as a principal use. (c) Identificationsignsforboardwalkcafesandmobilevendors@tted as part of a city council approved franchise agreerent shall not be colmted against the sicrn all@ce specified elsewhere in this section. (d) Identification sicfns for bicycle rental establishments, as pennitted in Section 1501 (a) (1) (ii), shall not be counted against the sign allowarice specified elsewhere in this section. @ @e Sign regulations pertaining to all other uses and structures shall be as apply as specified in the RII-2 Resort Tburist District. Sec. @. Off parking t-i-- Parking shall be required for all uses and strlictures permitted in the 1 Resort Thurist District in accordance with section 203. sec. @5. off-site fac@ties. off-site parking facilities in connection with hotels and T=tels located within the RT-1 Resort Thurist District may be permitted on zoning lots within the @2 Resoi7t @ist District, Rr-3 Resort Thurist District and the B-4 Resort @cial District where the required off-street parking cannot be provided on the lot with the principal building or use provided: (a) Structures for parking facilities shall conform to the regula- tions of the district in which located. (b) A written agreement assurinci continued availability of the of spaces indir-ated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the Clerk of the Court. Such agreement shall stipulate that, if such space is not mintained or space acoeptable to the plann@ director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agr@t shall be subject to the approval of the city attorney. sec. @. Maxinm density ratirigs. The maximlim density for hotel and rmtel development shall be 160 lodgiM units per acre for the entire zoning lot, even if partially ied by other principal uses or conditional uses. Sec. @7. Des@ design features and ves. (a) For these uses which incorporate all of the following Desired Design Features: (1) Minimum lot size of 20,000 square feet. (2) Setback froin east-west streets of at least 10 feet with the area landscaped in a@rdance with the Larxiscaping, Screenincj and Buffering Specifications and Standards. Notwithstanding any provision to the contrary above, tM maximlun density of hotel and mtel use shall be 160 lodging units per acre, and uses in conjunction with hotels and motels rnay occupy up to but not mre than 20% of the floor area of all structures (excluding parking) located on the lot. (b) FOr th- uses which incorporate all of the following Desired De.sign Features: (1) MinimLun lot size of 40,000 square feet. (2) Setback fr(xn east-west streets of at least 15 feet with the area landscaped in accordance with the Landscaping, Screening and Buffering Specifications and standards. Notwithstandir-mg any provision to the c-tr-Y above, the @im= derlsity of hotel and motel use shall be 175 lodgirxg units per acre, and uses in conjunction with hotels and motels raay Occupy up to but not mre than 25% of the floor area of all structures located on the lot. (c) For those uses which incorporate all of the following Desired Design Features: (1) lot size of 80,000 square feet or the a@lation of multiple par-cels under comTK)n ownership totalling at least 80,000 e feet of larld, such that the parcels are separated solely by a public stxeet, Of no rnore than 100 feet in width and by a distance not exceeding the width of the public street. (2) At least 20*-. of the floor area of the hotel shall be used for convention arid/or related facilities. (3) Me entire lot or acclirnulated parcels are developed in a functionally integrated fashion. Upon ccmply@ with the forego@ cor)ditions, the following shall apply, nOtwithstanding any other provision to the contrary: (1) 'Ihe mximm density for hotel and motel use shall be 190 lodging umts per acre for the entire accumulation of parcels. (2) Uses in conjunction with a hotel may occupy up to 50% of the floor area of the structures. (3) Required parking shall be at least one space per lodging or dwelling unit or one space per 200 square feet of floor area used for uses in conjunction with the hotel, whichever is greater. Adapted by the il of the City of Virginia Beach, virginia, on the 18 day of June 1990. - 18 - Item VI-1.1. ORDINANCES ITEM # 33002 James H. Newton, 717 Runnymede Circle, Phone: 486-3357, repre5ented the Kings Grant Civic League and spoke In SUPPORT of Option A. Ben Krause, 1436 Five Hill Trail, Phone: 486-3721, President of the Sea Breeze Farm Civic League, spoke in SUPPORT of Option A or B Edward G. Kreyling, Jr., 3646 South Seabreeze Farm, Phone: 463-7465, spoke In SUPPORT of Option A or B The followlng registered In OPPOSITION: William R. Stewart, 832 Bishopsgate Lane, Phone: 486-1027, President of the Bishopsgate Civic League. Mr. Stewart believed the location of the fire station should remain at the Brill Field site. Esther Coleman, 845 Bishopsgate Lane, Phone: 340-2105. Mrs. Coleman believed the location of the fire station should remain at the Brill Field site or the location should be the Bettle A. Wilson Estate (Option B). A MOTION was made by Councilman Balko, seconded by Councilman Baum to ADOPT an Ordinance to authorize acquisition of property (Bettie A. Wilson Estate, Parcels A, B and C) In fee simple for construction either by agreement or condemnation (OPTION B); AND, Authorize the City Manager to TRANSFER $107,000 from the Park Land Acquisition Program to acquire property for the Little Neck Fire Station (OPTION C). Councilman Balko AMENDED his MOTION. Upon motion by Councilman Balko, seconded by Councilman Baum, City Council: ADOPTED: Ordinance to authorize acquisition of property (Bettie A. Wilson Estate, Parcels A, B and C) in fee simple for construction either by agreement or condemnation (OPTION B) AND, APPROVED, upon FIRST READING: Ordinance authorizing the City Manager to APPROPRIATE $107,000 from the General Fund Balance to acquire property for the Little Neck Fire Statlon. (OPTION D) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John D. Moss, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE FOR 3 CONSTRUCTION OF A FIRE STATION IN THE 4 LITTLE NECK AREA, EITHER BY AGREEMENT 5 OR CONDEMNATION 6 WHEREAS, in the opinion of the Council of the City of 7 Virginia Beach, Virginia, a public necessity exists for this 8 important project for the preservation of the safety, health, 9 peace, good order, comfort, convenience, and for the welfare of 10 the people in the City of Virginia Beach: 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 Section 1. That the City Attorney is hereby authorized 14 and directed to proceed with immediate negotiation with the 15 property owner to acquire by purchase or condemnation pursuant to 16 Sections 15.1-897, 15.1-898, and 15.1-899, Code of Virginia of 17 1950, as amended, that certain real property in fee simple 18 described as: "PROPERTY OF BETTIE A. WILSON ESTATE", Parcels A, 19 B, and C, as shown on that certain plat entitled; " SURVEY OF 20 PROPERTY OF BETTIE A. WILSON EST. D.B. 72 P. 331 M.B. 2 P. 3 JOHN 2 1 HENRY WILSON ESTATE & CARRIE WILSON HARVEY LITTLE NECK LYNNHAVEN 22 BOROUGH VA. BEACH, VA. SCALE 1"=501 JULY 11, 1973 REVISED - OCT. 23 17, 1973 BRUCE B. GALLUP, C.L.S.". 24 Section 2. That the City Attorney is hereby authorized 25 to make or cause to be made on behalf of the City of Virginia 26 Beach, a reasonable offer to the owner or person having an interest 27 in said land; if refused, the City Attorney is hereby authorized 28 to institute proceedings to condemn said property, time being of 29 the essence. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and e'ffect from the date of its 32 adoption. 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 18 day of June 1990. 35 JCL/trg 36 06/13/90 37 \lnfs\lindsley.ord DEPARTMENT .ACE, .8.9@ A.B.7 Parcel B $42,500 arcel 30.000 OAD 50 App s@sed.,Values iv 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 APPROPRIATE $107,000 FROM THE GENERAL FUND BAIANCE 3 TO ACQUIRE PROPERTY FOR THE LITTLE NECK FIRE STATION 4 WHEREAS, the city desires to construct the Little Neck Fire Station in a 5 strategic location for rapid response in preserving the safety, health, and well- 6 being of citizens; 7 WHEREAS, a site has been selected by City Council at an estimated cost of 8 $107,000; 9 WHEREAS, the City Manager has identified funding in the General Fund 10 Balance for the acquisition of the site; 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA, that the City Manager is hereby authorized to take the necessary 13 action to appropriate $107,000 from the General Fund Balance for the purpose of 14 acquiring the Little Neck Fire Station site. 15 This ordinance shall be in effect from the date of its adoption. 16 Adopted the _ day of 1990, by the Council of the City of 17 Virginia Beach, Virginia. 18 FIRST READING: June 18, 1990 19 SECOND READING: - 19 - Item VI-1.2. ORDINANCES ITEM # 33003 Captain Les Fenlon, President - Great Neck Association of Civic Leagues, 222 Scallop Road, Phone: 481-2501, spoke in support of the Ordinance. Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED, AS REVISED*: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 6-112.2 re designation of a boat channel on Broad Bay and The Narrows. *The word I'manuever" on line 21, was changed to "operate". Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, BY ADDING 4 SECTION 6-112.2 PERTAINING TO 5 DESIGNATION OF A BOAT CHANNEL IN 6 BROAD BAY AND THE NARROWS 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach, Virginia, is 10 hereby amended and reordained by adding Section 6.112.2 to read as 11 follows: 12 Section 6-112.2. Designation of channel for vessels transiting 13 Broad Bay and The Narrows. 14 (a) There is hereby established a channel for vessels 15 transiting between Long Creek Canal and the entrance to Linkhorn 16 Bay, through Broad Bay and The Narrows. Such channel shall be 17 marked with appropriate markers and navigational aids conforming 18 to the requirements of the U.S. Coast Guard. 19 (b) It shall be unlawful for any person to anchor, fish, 20 crab, swim or water ski in said channel. Powered vessels shall not 21 operate in said channel except as necessary to transit or cross 22 same, proceeding in accordance with the Inland Rules of the Road. 23 Adopted by the Council of the City of Virginia Beach, Virginia 24 on the 18 day of June 1990. 25 WEB/lmt/sam/ccm 26 02/09/90 27 04/19/90 28 06/05/90 29 06/18/90 30 CA-3721 31 \ordin\proposed\06-112-2.pro - 20 - Item VI-1-3. ORDINANCES ITEM # 33004 Upon motion by Counc i I man Perry, seconded by Counc i I woman Parker, Ci ty Counc i I ADOPTED: ordinance to TRANSFER $67,631 from reserves to the FY 1990-1991 Budget of the Pendleton Child Service Center to fund a Parent-Child Education Pilot Program (AVANCE Program). Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and Wi I I lam D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf Requested By: Councilwoman Nancy K. Parker I AN ORDINANCE TO TRANSFER @67,631 FROM 2 RESERVES TO THE FY90-91 BUDGET OF THE PENDLETON 3 CHILD SERVICE CENTER TO FUND A PARENT-CHILD 4 EDUCATION PILOT PROGRAM 5 WHEREAS, enhancing a child's positive self-image at an early age has shown 6 positive results in the child's behavioral patterns, continuing through 7 adulthood; 8 VHEREAS, increasing parental knowledge, attitudes, and skills in the growth 9 and development strengthens the family support systems so that parents can 10 provide guidance, nurturance, and discipline to the child at an early age which 11 leads to positive self-esteem, values, and behaviors; 12 WHEREAS, a Parent-Cbild Education Pilot Program will address some of the 13 special needs of pre-school children ages three (3) and under in certain at-risk 14 neighborhoods over a nine (9) month period, featuring one weekly session and two 15 (2) home visits per participant, with the goal of preventing future dysfunction 16 in the individual child and family; 17 VHEREAS, the cost of this pilot program is estimated to cost $67,631 and 18 will fund six (6) part-time positions including clinicians, teachers, a child 19 care worker, social work aides, a clerk typist, and necessary equipment and 20 supplies. 21 NOV, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA, that funds in the amount of $67,631 be transferred from reserve 23 for contingencies to the FY90-91 Operating Budget of the Pendleton Child Service 24 Center for the purpose of establishing a Parent-Child Education Pilot Program. 25 This ordinance shall be in effect on July 1, 1990. 26 Adopted the 18 day of June , 1990, by the Council of the City of 27 Virginia Beach, Virginia, - 21 - Item VI-1.4. ORDINANCES ITEM # 33005 Carl H. Marshal 1, 524 Surfside Avenue, Phone: 422-5991, volunteer with the Sugar Plum Bakery, spoke in SUPPORT of the application. The following registered their SUPPORT of the Ordinance, but WAIVED their right to speak: Reverend John H. Jordan, Jr. , GaIi lee Eplscopal Church, Phone: 425-3573 John E. Ford,648 King's Grant, Phone: 340-6264 Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470 Donald S. Clarke, 925 Bay Colony Drive, Phone: 428-0317 Cheyney Cole, 514 24th Street, Suite 305, Phone: 428-2224 Upon motion by Counc i I man Baum, seconded by Counc II man Sessoms, Ci ty Counc i I ADOPTED, as AMENDED*: Ordinance to TRANSFER $40,000 from the General Fund Reserve for Contingency re Grant to the Sugar Plum Bakery. The following verbiage shall be added: It is understood adoption of this ordinance further commits the City of Virginia Beach to funding: FY 1991-1992 $30,000 FY 1992-1993 $20,000 FY 1993-1994 $10,000 Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf 1 2 3 AN ORDINANCE TO TRANSFER $40,000 FROM THE 4 GENERAL FUND RESERVE FOR CONTINGENCY FOR A GRANT 5 TO THE SUGAR PLUM BAKERY 6 7 8 9 WHEREAS, the City makes available grants to not-for-profit agencies 10 which provide significant service to residents and visitors to the city 11 12 WHEREAS, such an agency, the Sugar Plum Bakery, has requested a $40,000 13 grant for FY 90-91 for support of its operations in training and placing 14 disabled residents 15 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA, that $40,000 be transferred from the FY 90-91 General Fund 18 Reserve for Contingencies for a Community Organization Incentive Grant to the 19 Sugar Plum Bakery, Inc.. It is understood adoption of this ordinance further 20 commits the City of Virginia Beach to funding: 21 FY 1991-1992 $ 30,000 22 FY 1992-1993 20,000 23 FY 1993-1994 10,000 24 25 This ordinance shall be effective from the date of its adoption. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 18th day of June, 1990. 29 - 22 - Item VI-J.1. RESOLUTIONS ITEM # 33006 Mr. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, registered in OPPOSITION: Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED: Resolution rescinding political activity section of the Code of Ethics. Voting: 6-4 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf "*Councilwoman Henley and Councilman Balko DECLARED pursuant to Section 2.1- 639.14G of the Code of Virginia, although they have not been reelected to the City Council and the Council Members-Elect for their seats are also currently city employees, they are able to participate in the transaction fairly, objectively, and in the public interest. Council Members Henley and Balko's letters are hereby made a part of the proceedings. 1 RESOLUTION RESCINDING POLITICAL 2 ACTIVITY SECTION OF THE CODE OF ETHICS 3 4 5 WHEREAS, on December 23, 1968, the City Council of the 6 City of Virginia Beach adopted a Code of Ethics for the Public 7 Service of the City of Virginia Beach governing the conduct of city 8 employees; and 9 WHEREAS, the City's Code of Ethics includes provisions 10 restricting the political activities of employees; and 11 WHEREAS, restricting political activity in the classified 12 (merit) personnel system has been considered a compelling 13 objective; and 14 WHEREAS, in an effort to protect the objectives and 15 purposes of the classified (merit) personnel system and to utilize 16 only those restrictions which were reasonably necessary to achieve 17 those objectives, City employees have been permitted to campaign 18 for elective office as Council Members while on leave of absence 19 from their employment with the direction that prior to assuming 20 office, if elected, their City employment must be resigned or 21 terminated; and 22 WHEREAS, employees have been elected to Council offices 23 which positions, as a part of the governing body, have direction 24 and control over the policies of the City, including the classi- 25 fied (merit) employment system, and have indicated their desire to 26 continue their City employment; and 27 WHEREAS, it appears that once elected by the voters with 28 knowledge of dual status that involuntary termination is contrary 29 to the sense of the electorate; 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the restrictions of the "Code of Ethics for the 33 Public Service of the City of Virginia Beach," applicable to 34 political activity, be rescinded. 35 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia on this 18 day of June , 1990. 38 39 LLL/clb 40 06/08/90 41 06/14/90 42 CA-3738 43 ETHICS1.RES 2 @it3r LESLIEL.LILLEY MUNICIPAL CENTER CITY ATTORNEY VIRGIN@A BEACH, VA 23456-NN (BN) 427-4531 June 18, 1990 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to SS2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virgini.a Conflict of Interest Act, SS2.1- 639.14(G), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is the Council vote on the proposed rescission of the City Code of Ethics. 2. The nature of my interest is that I have not been reel.ected to the City Council. The Council Member- Elect for my seat is a currently also a city employee. 3, If the City Code of Ethics is not rescinded the Council Member-Elect is prohibited from being a city employee and holding an elected office at the same time. 4. Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interest Act, I wish to disclose this i.nterest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assi-stance and cooperation in this matter. S.tncerely, 4OA0 ri Barbara He Councilwoman BB/abe enclosure I 1. I LESLIE L. LILLEY MUNICIPAL CENTEFI CITY ATTOtiNEY VIHGINIA BEACH, VA 2NM-@ IW4) 421@MI ,Junc 18, 1990 Councilwoman Barbara Henley Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interest Act opinion: Vote on rescission of City Code of Ethics Dear Councilwoman Henley: I am writing in response to your request for an opinion as to whether you may participate in discussions and vote on the rescission of the City Code of Ethics. Summary Conclusion: From ffiy review of the Conflict of Interest Act and the information provided by you as referenced below, I am of the opinion that you have no personal interest in the transaction of the Virginia Beach City Council concerning the referenced matter thus you are not restricted as to voting. For your information I have outlined the disclosure requirements of 52.1-639.14(G) should you desire to discl.ose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in SS2.1-639.14(E), sliould you choose not to vote. I base the aforesaid conclusions on the following facts and discussions. Facts Presented:- Your request for an advisory opinion is generated by the proposed vote on the above-referenced transaction, which is currently scheduled on the agenda for June 18, 1990. You have advised that yoijr area of concern with respect to the transaction is that the City Code of Ethics currently prohibits a city employee from holding elected office. Two employees have been elected as Council Members with terms beginning on July 1, 1990. on June 18, 1990 the council will consider a resolution rescinding the City's Code of Ethics. Issue: Are you precluded from participating in the discussion and voting on the above-referenced transaction because of your position as an incumbent Council Member who has not been reelected, when the Council ,4ember-Elect for youl seat is a city ernployee who has bcen elected? Discussion: I. Appli.cable Definitions: A. city Council is a governmerital agency, as it is a legislative branch of local government as defined in SS2.1-639.2 of the Virginia State and Local Government Conflict of Interest Act. B. You are an officer within the meaning of SS2.1-639.2 of tbe above-referenced Act. C. The action to be voted on by City Council is a iltransaction" as defined by the Act. The Act defines a transaction as "any matters considered by any ... goverrmental agency on which official action is taken or contemplated." 52.1- 239.2. D. "Personal interest" is defined in SS2.1-639.2 as being a finaiicial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) owncrship of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. 52.1-639.2 defines a "personal interest in the transaction" as existing when an officer or employee or a member of his irnmediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable 2 direct or i.ndirect benefi.t or detriment as the result of the agency considering the transaction.' F. "Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a busincss or profession, whether or not for profit." SS2.1-639.2 G. "Personal Interest in the Contract" is defi.ned under SS2.1-639.2 as meaning a personal interest which an officer has in a contract with a governmental agency, either due to his being a party or due to a personal interest in a business which is a party to the contract. ii. A. Personal. Interest Since the City is a not a busiricss under the above definitions, but is instead a goverrimental agency, you do not have a personal interest with respect to your salary received from the City.@ 'Tn circtimstances where the effect of a transaction is speciilative, remote or contingent on factors beyond the officer's coiitrol, it is not reasonably foreseeable that thc officer's personal interest will benefit or siiffer as a result of the pending transaction. Attorney General Opinion to the Honorable William F. Parkerson, Jr. , Member, Senate of Virginia, dated February 2, 1987. Additionally thc test of reasonable forcsceability is to be applied at the time of the transaction. COI Adv. Op. No. 6-AO5 (1986) West v. Jones 228 Va. 409, 415 (1984). -'The definition of biisiness under 52.1-639.2 is capable of being read to include a City. However, since the code specifically defines a governmental agency in the same set of definitions, we assume that the drafters meant the two terms to be exclusive of each other. Therefore, the term business does not include a governmental agency. Additionally, if the code is read to include the City iinder the term business, it can lead to absurd results. It would mean that since every Council Member has a personal interest in the city, by virtue of their salary, that no Council Member could vote on transactions coming before the Council in which the City could reasonably realize a direct or iridirect benefit or detriment. Most transactions that the City acts on involve a benefit or detriment to the City, so the City Council would have very limited powers. 3 B. Tntnrnst in the ransactilon test Since you do iiot have a personal ii-iterest, you Cannot have a personal interest in the transaction as defined above. C. Personal Interest in thc contract Since you do not have a personal interest, you cannot have a personal interest in your implied employment contract as defined above.:@ c,2.1-639.14(G) Based on the fact that you have no personal interest in the transaction you are not disqualified from voting on the proposal to rescind the City Ethics code, nor are you required to disclose. If you are concerned that Your position may create some appearance of impropriety to those who do not understand thc Conflict of Interest Act, therc are two options available to you. You may either disclose the facts presented herein and proceed to vote as to this transaction, or you may abstain from voting and disclose any interest. Either of these may diffuse any perception problems that mav arise. Eiiclosed, please find a written declaration form, should you decide to declare your interest. This disclosure form is based on SS2.1-639.14(G). This section provides that you may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of City Council, who shall retain and make this documerit available for public inspection for a period of five years from the datc of recording or receipt. If you should desire to abstain from voting, SS2.1-639.14(E) provides that in such instances, the officer shall forthwith make disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. As a final note to any conflict of interest opinion, SS2.1- 639.18(c) provides that a written opinion of the made after a ful.1 disclosure of the facts, is advisory and acbnissible as evidence that the local officer did not knowingly vi.olate thc Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immun ty "Even if it were established that you liave a personal i.nterest, it is not a prohibited interest under SS2.1-639.6. That section states, "No officer ... shal@l- have a personal interest in a contract ... other than his own contract of employment." 4 from any alleged violation. If you choose to seek an opinion of the commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact me should you dcsire any additional information. Very truly yours, @@a Leslie L. Li y Ci.ty Attorney Enclosure LLL/abe Cit@@f @ii-ggi@iei LESLIE L LILLEY MU.ICIPAL CENTER CIW AUORNEY VIRGINIA BEACI. VA 23@@-@ June 15, 1990 (8N) Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to SS2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interest Act, SS2.1- 639.14(G), Code of Virginia, I make the following declaration: 1. Ttie transaction for which I am executing this written disclosure is the Council vote on the proposed rescission of the City Code of Ethics. 2. The nature of my interest is that I have not been reelected to the City Council. The Council Member- Elect for my seat is a currently also a city employee. 3. If the City Code of Ethics is not rescinded the Council Member-Elect is prohibited from being a city employee and holding an elected office at the same time. 4. Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of interest Act, I wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. SLncerely, I @ hlbert W. Balko Co@incilman AWB/abe enclosure 2 Cit@ LESLIE L. LILLEY MUNICIPAL CENTER Cl@ ATTORNEY VIRGINIA BEACH, VA 23456.9W4 (BN) 427 @531 June 15, 1990 Councilman Albert W. Balko Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interest Act Opinion: Vote on Rescission of City Code of Ethics Dear Councilman Balko: I am writing in response to your request for an opinion as to whether you may participate in discussions and vote on the rescission of the City Code of Ethics. Sumnary Conclusion: From my review of the Conflict of Interest Act and the information provided by you as referenced below, I am of the 6pinion that you have no personal interest in the transaction of the Virginia Beach City Council concerning the referenced matter; thus, you are not restricted as to voting. For your information I have outlined the disclosure requirements of SS2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in SS2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts and discussions. Facts Presented: Your request for an advisory opinion is generated by the proposed vote on the agenda item: Rescission of City Code of Ethics, which is currently scheduled on the agenda for June 18, 1990 (see attached item). You are the Lynnhaven Borough city Council Member, your bid for re-election was unsuccessful, and your term expires June 30, 1990. You have advised that your area of concern with respect to the transaction is that the City Code of Ethics currently prohibits a City employee from holding elected councilman Albert W. Balko -2- June 15, 1990 Re: Request for Conflict of Interest Act opinion: Vote on Rescission of city Code of Ethics off ice, and two employees have been elected as council Members with terms beginning on July 1, 1990. one such employee is the Lynnhaven Borough Council Member-Elect. on June 18, 1990, the Council will consider a resolution rescinding the City's Code of Ethics. Issue: Are you precluded from participating in the discussion and voting on the above-referenced transaction because of your posi- tion as an incumbent Council Member who has not been reelected, when the Council Member-Elect for your seat is a City employee? DiscussiO-- I. Applicable Definition-. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in SS 2.1-639.2 of the Virginia State and Local Government Conflict of Interest Act. B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced Act. C. The action to be voted on by City Council is a "trans- action" as defined by the Act. The Act defines a transaction as "any matters considered by any ... governmental agency on which official action is taken or contemplated." SS 2.1-239.2. D. "Personal interest" is defined in SS 2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business; 2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value , exclusive of ownership in a business, or salary; 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. Section 2.1-639.2 defines a "personal interest in the transaction" as existing when an officer or employee or a member of his immediate family has a personal interest in property or a Councilman Albert W. Balko -3- June 15, 1990 Re: Request for Conflict of Interest Act opinion: vote on Rescission of city code of Ethics business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detfiment as the result of the agency considering the transaction.' F. "Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, trust or foundation, or any other individual or entity carrying on a business or profession, whether or not for profit." SS 2.1-639.2 G. "Personal Interest in the Contract" is defined under SS 2.1-639.2 as meaning a personal interest which an officer has in a contract with a governmental agency, either due to his being a party or due to a personal interest in a business which is a party to the contract. II. Application of Definitions:. A. Personal Interest since the City is a not a business under the above defini- tions, but is instead a governmental agency, you do not have a personal interest with respect to your salary received from the city. 2 lIn circumstances where the effect of a transaction is speculative, remote or contingent on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal interest will benefit or suffer as a result of the pending transaction. Attorney General opinion to the Honorable William F. Parkerson, Jr., Member, S6nate of Virginia, dated February 2, 1987. Additionally the test of reasonable foreseeability is to be applied at the time of the transaction. COI Adv. Op. No. 6-AO5 (1986) West Jones 228 Va. 409, 415 (1984). 2The definition of business under SS2.1-639.2 is capable of being read to include a city. However, since the code specifically defines a governmental agency in the same set of definitions, we assume that the drafters rneant the two terms to be exclusive of each other. Therefore, the term business does not include a governmental agency. Additionally, if the code is read to include the City under the term business, it can lead to absurd results. It would mean that since every Council Member has a personal interest in the city, by virtue of their salary, that no Council Member could vote on transactions coming before the Council in I Councilman Albert W. Balko -4- June 15, 1990 Re: Request for Conflict of Interest Act Opinion: Vote on Rescission of City Code of Ethics B. Personal Interest in the transaction test Since you do not have a personal interest, you cannot have a personal interest in the transaction as defined above. C. Personal Interest in the contract Since you do not have a personal interest, you cannot have a personal interest in your implied employment contract as defined above. 3 III. Disclosure Requirements of 4 2.1-639.14(G) Based on the fact that you have no personal interest in the transaction referenced herein, you are not disqualified from voting on the proposal to rescind the City Ethics Code, nor are you required to disclose. If you are concerned that your position may create some appearance of impropriety to those who do not understand the Conflict of Interest Act, there are two options available to you. You may either disclose the facts presented herein and proceed to vote as to this transaction, or you may abstain from voting and disclose any interest. Either of these may diffuse any perception problems that may arise. Enclosed, please find a written declaration form, should you decide to declare your interest. This disclosure form is based on SS 2.1-639.14(G). This section provides that you may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you inay file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such instances, the officer shall forthwith make which the City could reasonably realize a direct or indirect benefit or detriment. Most transactions that the City acts on involve a benefit or detriment to the City, so the City Council would have very limited powers. 3Even if it were established that you have a personal interest, it is not a prohibited interest under SS2.1-639.6. That section states, "No officer... shall have a personal interest in a contract... other than his own contract of employment." Councilman Albert W. Balko -5- June 15, 1990 Re: Request for Conflict of Interest Act Opinion: vote on Rescission of City Code of Ethics disclosure of the existence of his interest and his disclosure shall be reflected in the public records for five years. As a final note to any conflict of interest opinion, SS 2.1- 639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides irftmunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact me should you desire any additional information. Very truly yours, Lesli City Attorney Enclosure LLL/abe - 23 - Item VI-J.2. RESOLUTIONS ITEM # 33007 BIII D 1 1 Ion, represented the Vi rg in ia Beach Restau rant Assoc! ation, and spoke in SUPPORT of the Ordinance. Councilman-Elect Robert Clyburn, represented the School Board, and advised the Cafeteria Training Facility at Courthouse Elementary School Is a fine training facility for the purpose intended with good quality food. Upon motion by Counc II woman McCl an an, seconded by Counc II man Perry, Cl ty Council ADOPTED, AS REVISED*: Resolution requesting the Virginia Beach Schools to !iFR't stop the serving of meals at Courthouse Elemenfary School; and, to consider phasing out the operation of the Cafeteria Training Faclilty. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John D. Moss, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf 1 RESOLUTION REQUESTING THE VIRGINIA 2 BEACH SCHOOLS TO STOP SERVING MEALS 3 AT COURTHOUSE ELEMENTARY SCHOOL AND 4 TO CONSIDER PHASING OUT THE OPERATION 5 OF THE CAFETERIA TRAINING FACILITY 6 7 8 WHEREAS, the Food Services office of the Virginia Beach 9 City Public Schools operates a Cafeteria Training Facility 10 (Training Facility) at the former Courthouse Elementary School 11 located adjacent to the Virginia Beach Municipal Complex; and 12 WHEREAS, it has been alleged that Training Facility 13 personnel utilizing public facilities prepare and serve breakfasts 14 and lunches at lower prices than those charged for comparable meals 15 served at privately-owned businesses; and 16 WHEREAS, members of the public as well as City and School 17 Board employees have purchased meals at the Training Facility; and 18 WHEREAS, it appears that the accessibility of the public 19 to the services of this publicly sponsored facility places this 20 facility in the position of unfairly competing with privately 21 operated businesses; and 22 WHEREAS, the activity is not an essential element of 23 providing high quality public education to our students. 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That the City Council of the City of Virginia Beach 27 requests the Virginia Beach Public Schools to stop serving meals 28 at Courthouse Elementary School and to consider phasing out the 29 operation of the Cafeteria Training Facility. 30 Adopted by the Council of the City of virginia Beach, 31 Virginia, on this 18 day of June 1990 32 33 LLL/clb 34 04/26/90 35 06/06/90 36 06/07/90 37 06/14/90 38 CA-3732 39 CAFETERI.RES - 24 - Item VI-J.3. RESOLUTIONS ITEM # 33008 The following registered in SUPPORT of said Resolution: Harry Adelman, 2124 Woodlawn Lane, Phone: 363-3697, represented the 0.... Park Civic League and presented petitions in SUPPORT. Said petitions are hereby made a part of the record. Judy Connors, represented the Ocean Park Civic League Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000 Councilman-Elect Louis R. Jones, 1008 Witch Point Trail, Phone: 583-1077 The following registered in OPPOSITION: Flo McDaniel, 968 South Oriole Drive, Phone: 428-8015, represented the Virginia Beach Hotel and Motel Association. Letter in OPPOSITION Is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED: Resolution authorizing the City Manager to negotiate an agreement with the Corps of Engineers for placement of dredged material on the Ocean Park Beach. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Nancy K. Parker, John D. Moss and Willfam D. Sessoms, Jr. Council Members Voting Nay: None Councll Members Absent: John L. Perry and Mayor Meyera E. Oberndorf RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO NEGOTIATE AN AGREEMENT WITH 3 THE CORPS OF ENGINEERS FOR PLACEMENT OF 4 DREDGED MATERIAL ON THE OCEAN PARK BEACH 5 WHEREAS, the United States Army Corps of Engineers (the 6 "Corps") has scheduled a maintenance dredging of the Lynnhaven 7 Inlet Channel and turning basin (the "Project) in the Fall of 1990; 8 and 9 WHEREAS, at the request of the City Council, the Corps 10 previously placed sand on the beach at Ocean Park in 1987 in 11 connection with the maintenance dredging of Lynnhaven Inlet; and 12 WHEREAS, it has been represented that the Corps has 13 expressed a willingness to place sand on the Ocean Park Beach in 14 connection with the pending Project, provided the City of virginia 15 Beach reimburses the Corps for any additional expense; and 16 WHEREAS, the City Council believes it is in the interest 17 of the City to request the Corps to place sand on Ocean Park Beach; 18 and 19 WHEREAS, present plans are to place the dredged material 20 from the Project on a City disposal site at Lynnhaven Inlet for use 21 by the City in nourishing the resort beach; and 22 WHEREAS, it will be necessary to overdredge the Project 23 to provide sufficient material to nourish Ocean Park Beach and 24 continue to provide a source of sand for the resort beach; and 25 WHEREAS, any cost for the overdredging must be paid one 26 hundred percent (100%) by the City; and 27 WHEREAS, the Ocean Park Civic League has requested the 28 City to fund the Project extension at a cost not to exceed One 29 Hundred Thousand Dollars ($100,000.00). 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is authorized and directed to 33 negotiate an agreement with the Corps of Engineers to overdredge 34 the proposed maintenance dredging of the Lynnhaven Inlet Channel 35 and turning basin and to take whatever other action is necessary 36 or desirable to Provide additional sand for placement on the beach 37 at Ocean Park; and the City Manager is further directed to identify 38 available funding sources to provide reimbursement to the Corps for 39 the Ocean Park Beach nourishment at a cost not to exceed one 40 Hundred Thousand Dollars ($100,000.00). 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the 18 day of June 1990. 43 LLL/clb 44 06/14/90 45 CA-3802 46 ordin\noncode\oceanpk.res 2 - 25 - Item VI -K. CONSENT AGENDA ITEM # 33009 Upon motion by Counci Iman Baum, seconded by Counc! lman SessOms, City Counci I APPROVED In ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8 (AS REVISED), 9, 10, 11, and 12 of the CONSENT AGENDA. Votlng: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry - 26 - Item VI-K.1 CONSENT AGENDA ITEM # 33010 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-422 of the Code of the City of Virginia Beach, Virginia, re signs required on property. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry APPR@@ED AS TO CONTENTS AP"IROVEP, L,@GAL 1 AN ORDINANCE TO AMEND 2 REORDAIN SECTION 21-422 OF TAN HE CITY ATTO@R,14EY 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 SIGNS REQUIRED ON PROPERTY. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-422 of the Code of the City of Virginia 9 Beach, Virginia, iS hereby amended and reordained to read as 10 follows: 11 Section 21-422. Signs required on property. 12 (a) Each owner of private property having parking facilities 13 accessible to the public, and offering parking to it customers, 14 clientele, residents, lessees or guests, who intends to enforce 15 parking restrictions by the use of tow truck service, shall post, 16 at each point of ingress and egress to the parking area, clearly 17 legible signs containing the following wording: 18 PRIVATE PARKING 19 (name of business, apartment, 20 condominium, motel, hotel, 21 office building, or organization, 22 whichever is applicable 23 RESIDENTS/CUSTOMERS/CLIENTELE/ 24 LESSEES/GUESTS ONLY 25 TOWING ENFORCED 26 Unauthorized cars towed at owner's expense: 27 $40.00 day, $50-00 night. Call 28 427-5616 for location and information 29 concerning return of car if towed. 30 (b) The signs required by this section shall be at least 31 thirty-six (36) inches in width and thirty (30) inches in height. 32 Lettering for the top eight (8) lines shall be at least three (3) 33 inches in height and, for all other lines, at least ne and one- 4half (1 1/2) inches in height. The face of the sign shall be 35 composed of high intensity reflectorized sheeting or like aterial. 36 The name of the business may be on a separate sign, but must be 37 adjacent to the primary sign containing the information required 38 by this section. The provisions of subsection (a) abo,e shall be 39 applicable to parking facilities of apartment houses, condominiums 40 and nonprofit organizations. 41 (c) It shall be unlawful for any tow truck service or 42 operator to tow or otherwise move a vehicle from any privately 43 owned land or property within the city, unless such land or 44 property is properly signed in accordance with this section. 45 Adopted by the Council of the City of Virginia Beach, Virginia 46 on the 18 day of June 1990. 47 WEB/ccm 48 date 49 CA-03759 50 \ordin\proposed\21-422.pro 2 - 27 - Item VI-K.2 CONSENT AGENDA ITEM # 33011 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $34,996 to the Commonwealth's Attorney's Office for an additional Attorney I Position to be funded by a $29,582 increase in estimated revenues; and, $5,414 TRANSFER from Reserve for Contingencies. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry I AN ORDINANCE TO APPROPRIATE $34,996 TO THE COMKONWEALTHIS 2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I POSITION 3 TO BE FUNDED BY A $29,582 INCREASE IN ESTIMATED REVENUES 4 AND A $5,414 TRANSFER FROM RESERVE FOR CONTINGENCIES 5 WHEREAS, the State Compensation Board has granted approval to the Office 6 of Commonwealth's Attorney for an additional Attorney I position for FY90-91 to 7 address increasing caseload; 8 WHEREAS, the total net additional cost for the position including salary, 9 fringe benefits, furniture, and other operating support is $34,996; 10 WHEREAS, of the total net additional costs, $29,582 will be funded by 11 additional revenues from tbe Commonwealth, and $5,414 will be funded through a 12 transfer from General Fund Reserve for Contingencies; 13 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH: 15 That an additional Attorney I position be approved and funds in the amount 16 of $34,996 be appropriated to the Commonwealth's Attorney's Office for 17 FY90-91; 18 That estimated revenues from the Commonwealth be increased by $29,582; 19 That $5,414 be transferred from General Fund Reserve for Contingencies to 20 the Office of the Commonwealth's Attorney to finance the balance of the necessary 21 amount. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of 24 This ordinance shall be in effect from the 1 day of July, 1990. 25 FIRST READING: June 18, 1990 26 SECOND READING: - 28 - Item VI-K.3 CONSENT AGENDA ITEM # 33012 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $128,218 to fund seven (7) additional permanent positions and data processing equipment in the Sheriff's Office. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 AN ORDINANCE TO APPROPRIATE @128,218 2 TO FUND SEVEN ADDITIONAL PERMANENT 3 POSITIONS AND DATA PROCESSING 4 EQUIPMENT IN THE SHERIFF'S OFFICE 5 WHEREAS, on February 12, 1990, the Council approved seven temporary 6 Correctional Officer positions in conjunctio, with State approval with fu,,ding 7 through June 30, 1990; 8 WHEREAS, in response to the staffing shortage and data processing needs 9 at the virginia Beach Correction Center, the Compensation Board of the 10 Commonwealth has approved seven permanent Corre,ti.nal Officers and data 11 processing equipment; 12 WHEREAS, these positions were not f,nd,d in the 1990-91 Operating Budget 13 due to the uncertainty of their continuan.e; 14 WHEREAS, the total operating cost of the seven positions, effective July 15 1, 1990, is estimated at $158,410 and the cost of the data processing equipment 16 is $5,000 resulting in a total cost of $163,410; 17 WHEREAS, of the total cost, $128,218 -ill be funded by an increase in 18 estimated revenues from the Commonwealth and $35,192 from transfers within the 19 Sheriff's Fy 90-91 Operating Budget. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA 21 that funds in the a.ount of $128,218 are hereby appropriated to the Sheriff's 22 Office and funds in the amount of $35,192 be transferred within the budget to 23 finance seven additional Correctional Officers and data processing equipment. 24 BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth be 25 increased by $128,218. 26 Adopted by the Council of the City of Virginia Beach, Virginia, this 27 - day of , 1990. 28 This ordinance shall be in effect on July 1, 1990. 29 First Reading: June 18 1990 30 Second Reading: - 29 - Item VI-K.4 CONSENT AGENDA ITEM # 33013 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $408,676 to cover additional operating costs and the purchase of data processing equipment for the Sheriff's Office to be offset by an increase in estimated revenues. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF 2 $408,676 TO COVER ADDITIONAL OPERATING COSTS AND THE 3 PURCHASE OF DATA PROCESSING EQUIPMENT FOR THE SHERIFF'S 4 OFFICE TO BE OFFSET BY AN INCREASE IN ESTIMATED REVENUES 5 WHEREAS, The Sheriff's Office is responsible for the welfare of all 6 prisoners confined in the City of Virginia Beach Correctional Facility; 7 WHEREAS, the appropriations and estimated revenues in the Sheriff's FY 8 1989-90 Operating Budget were based on an average inmate population of 450; 9 WHEREAS, the present daily irimate population at the Correctional Facility 10 is approximately 525; 11 WHEREAS, due to the increase in daily inmate population over estimates, 12 the additional cost of the medical and food contracts and miscellaneous operating 13 expenses has resulted in a deficit of $347,760; 14 WHEREAS, the increase in daily inmate population has also resulted in 15 increased revenues of $408,676; 16 WHEREAS, of the total increase in revenues, the Sheriff's Office has 17 requested that $347,760 be used to cover the deficit and $60,916 be used for the 18 purchase of data processing equipment needed to automate the Civil Process 19 Division and Corrections Division; 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 21 BEACH, VIRGINIA, that funds in the amount of $408,676 be appropriated to 22 eliminate the deficit in the Sheriff's FY 1989-90 Operating Budget and to 23 purchase data processing equipment. 24 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be 25 increased by $408,676. 26 Adopted by the Council of the City of Virginia Beach, Virgini.a, this 27 day of 1990. 28 This ordinance shall be in effect from the date of its adoption. 29 First Reading: June 18, 1990 30 Second Reading: - 30 - Item VI-K.5 CONSENT AGENDA ITEM # 33014 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $119,996 to the FY 1990- 1991 Budget of the Office of Community Corrections with a corresponding increase in estimated revenues; and, TRANSFER $39,999 within the FY 1990-1991 Budget for a Pre-trial Irimate Release Program. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 AN ORDINANCE TO APPROPRIATE $119,996 TO THE FY90-91 BUDGET 2 OF THE OFFICE OF COMMUNITY CORRECTIONS WITH A CORRESPONDING 3 I14CREASE IN ESTIMATED REVENUES AND TRANSFER $39,999 WITHIN 4 THE FY90-91 BUDGET FOR A PRE-TRIAL IMMTE RELEASE PROGRAM 5 WHEREAS, the state inmate prisoner population has been increasing 6faster than correctional facilities can be constructed; 7 WHEREAS, one alternative to incarceration is a program which will 8screen inmates on a pre-trial basis for the purpose of determining their 9suitability for release into the custody of a pre-trial program; 10 WHEREAS, the state has made funds available to localities through 11 a grant which will utilize drug testing targeted at incarcerated non- 12 violent misdemeanants and felons; 13 WHEREAS, the city has received acceptance to the grant program 14 providing $119,996 in state funds, requiring a local match of $39,999; 15 16 WHEREAS, these funds will be used to create four (4) full-time 17 and one (1) part-time grant positions, provide out-patient residential 18 drug and alcohol treatment services, and acquire equipment and supplies. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 01? 20 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $119,996 be 21 appropriated to the FY90-91 Operating Budget of the Office of Community 22 Corrections with a corresponding increase in estimated revenues for the 23 purpose of establishing a pre-trial release program ; 24 BE IT FURTHER ORDAINED that funds in the amount of $39,999 be 25 transferred from within the FY90-91 Operating Budget of the office of 26 Community Corrections as the required local funding match; 27 BE IT FURTHER ORDAINED that the City Manager is hereby directed 28 to advise individuals employed in the positions funded under this 29 appropriation that said positions are subject to discontinuance upon the 30 expiration of this source. 31 Adopted this - - day of 1990, by the Council of the 32 City of Virginia Beach, Virginia. 33 This ordinance shall be in effect on July 1, 1990. 34 First Reading: June 18, 1990 35 Second Reading: - 31 - Item VI-K.6 CONSENT AGENDA TTEM # 33015 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $107,016 from a State Grant and $7,706 as Match from other cities; and, TRANSFER $1,926 as the City's Match to provide $116,648 to purchase Regional Commi@nications Equipment in the FY 1989-90 Budget* of the Police Department. *The City Clerk advised the Agenda incorrectly stated the Communications Equipment was to be purchased in the FY 1990-1991 Budget of the Police Department. It should correctly read in the FY 1989-90 Budget of the Police Department. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 AN ORDINANCE TO APPROPRIATE $107,016 FROM A STATE 2 GRANT, APPROPRIATE $7,706 AS MATCH FROM OTHER CITIES, AND 3 TRANSFER $1,926 AS THE CITY'S 14ATCH TO FROVIDE 4 $116.648 TO FURCHASE REGIONAL COMMUNICATIONS EQUIPMENT 5 IN THE FY89-90 BUDGET OF THE POLICE DEPARTMENT 6 WHEREAS, communications between area police departments will enhance 7 cooperative efforts, and increase assistan,e and coordination between police 8 agencies during times of peak demands or major disaster; 9 WHEREAS, the Virginia Beach Police Department, as lead agency for regional 10 police departments, has applied for and been awarded a grant from the state t. 11 purchase the necessary 800 MHz base stations for installation in Norfolk, 12 Portsmouth, Suffolk, and Virginia Beach; 13 WHERF-AS, the grant requires a $9,632 match in local funding, of which 14 $7,706 will be provided by the other cities as their portion, and $1,926 from 15 Virginia Beach as its share which can be provided from within the FY89-90 16 Operating Budget; 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA that funds in the amount of $107,016 be appropriated from the 19 state, and $7,706 be appropriated from other cities, totalling $114,722 in 20 appropriations, with corresponding increases in estimated revenues; 21 BE IT FURTHER ORDAINED that $1,926 be transferred within the FY89-90 budget 22 as the required Virginia Beach match to the state grant, to provide the necessary 23 $116,648 total for communications equipment to the FY89-90 budget of the Police 24 Department for the purpose of providing regional communications equipment. 25 Adopted the _ day of 1990, by the Council of the City of 26 Virginia Beach, Virginia. 27 This ordinance shall be in effect from the date of its adoption. 28 First Reading: PROVED AS TO. CONTENTS 29 Second Reading: SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICI@AN @RM - 32 - Item VI-K.7 CONSENT AGENDA TTEM # 33016 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE a $9,959 Grant from the State to the FY 1990-1991 Operating Budget of the Police Department to fund a Child Abuse-Juvenile Delinquency Study. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry I AN ORDINANCE TO APPROPRIATE A $9,959 GRANT FROM THE STATE 2 TO THE FY90-91 OPERATING BUDGET OF THE POLICE DEPARTMENT 3 TO FUND A CHILD ABUSE - JUVENILE DELINQUENCY STUDY 4 WHEREAS, the State Department of Criminal Justice Services recognizes the 5 relationship between certain childhood patterns and juvenile delinquency; 6 WHEREAS, the State has made funds available to localities through its 7 Juvenile Justice and Delinquency Prevention Program to fund a study to determine 8 the relationship between reported instances of child abuse and reported acts of 9 juvenile delinquency; 10 WHEREAS, the City has been awarded a grant for $9,959 in FY90-91 to fund 11 sucb a study, including part-time temporary positions and necessary equipment 12 and supplies; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA, that funds in the amount of $9,959 be appropriated to the FY9O- 15 91 Operating Budget of the Police Department to fund a child abuse - juvenile 16 delinquency relationship study; 17 BE IT FURTHER ORDAINED th-t estimated revenues be increased by $9,959 to 18 reflect a grant from the Commonwealth c@f Virginia Department of Criminal Justice 19 Services. 20 Adopted the - day of _, 1990, by the Council of the (,ity of 21 Virginia Beach, Virginia. 22 This ordinance shall be in effect on Ju@ly 1, 1990. 23 First Reading: June 18, 1990 24 Second Reading: - 33 - Item VI-K.8 CONSENT AGENDA ITEM # 33016 UPon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING, AS REVISE])*: Ordinance to APPROPRIATE $40,000 from the Pendleton Child Service Fund FY 1990-1991 Balance to the Pendleton Child Service Center; and, that a full-time, permanent Position for a Nur,e be created. *Line 32 shall be amended to read: "...that $40,000 be appropriated fro, the Pendleton Child Service Fund Balance to the Pendleton Child Service Center FY 90-91 Operating Budget to fund a citv nursp Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 AN ORDINANCE TO APPROPRIATE $40,000 FROM THE 2 PENDLETON FUND BAIANCE TO CONTINUE SERVICES 3 OF A NURSE FOR FY 90-91 4 5 6 7 WHEREAS, the Pendleton Child Service Center h,s , criti,al program need 8 for anursing response and has depended on provision of health services and 9 assessment through use of a full time permanent state nursing position 10 provided by the Virginia Beach Cooperative Health budget 11 12 WHEREAS, significant reductions in the Cooperative Health budget have 13 required the Department of Health to remove this nursing position from the 14 Pendleton Child Service Center effective July 1, 1990 15 16 WHEREAS, the emergence of this problem occurred after completion of FY 17 90-91 budget negotiations with the City of Chesapeake for the FY 90-91 18 Operating budget in keeping with the Pendleton Joint Powers Agreement 19 20 WHEREAS, the continuation of this position for FY 91-92 will be 21 addressed in negotiations with the City of Chesapeake and the use of fund 22 balance resources is viewed as a interim measure while such negotiations are 23 undertaken 24 25 WHEREAS, the Pendleton Child Service Center has adequate resources 26 within its fund balance which has accrued from previous fiscal years to allow 27 payment of salary and fringes for a full time nursing position for one year 28 29 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA, that $40,000 be appropriated from the Pendleton Child Service 31 Fund Balance to the Pendleton Child Service Center FY 90-91 Operating Budget 32 to fund a city nurse position. 33 34 This ordinance shall be effective from the date of its adoption. 35 36 Adopted by the Council of tbe City of Virginia Beach, Virginia on the 37 day of June, 1990. 38 30 First Reading une 18 iggo 40 Second Reading I - 34 - Item VI-K.9 CONSENT AGENDA ITEM # 33018 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $13,571 from the Virginia Department of Housing and Community Development re Emergency Home Repair Program. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry ORDINANCE TO ACCEPT AND APPROPRIATE $13,571 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM WHEREAS, the. Commonwealth of Virginia has established the Virginia Housing Partnership Fund to encourage the improvement of housing opportunities for low-income Virginians; and WHEREAS, the Virginia Department of Housilig and Community Developme,nt has autliorized grants under this program to localities to provide emergeiicy liome repairs to eligible- citizens; and WHEREAS, the Virginia Department of Housing and Community Development has informed the City that $13,571 has been awarded to the City for such emergency repairs; NOW; THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of cts,13,571 from the virginia Department of Housing and Community Development for emergency home repairs is accepted and appropriated to the City of Virginia Beach's Department of Housing and Neighborhood Preservation. BE IT FURTHER ORDAINED THAT the City Manager is authorized to execute a grant agreement witl, the Virginia Department of Housing and Community Development accepting such funds. BE IT FURTHER CRDAINED THAT the City of Virginia Beacli will comply with all requirements of this program as set forth by the Virginia Department of Housing and Community Development. Adopted by the -@ouncil of the City of Virginia Beach on the day of 1990. APPROVED AS TO CONTENT; APPROVED AS TO FORM ck, D y Atto,.ey Department of Housing and Neighborhood Preservation First Reading: June 18, 1990 Second Reading: - 35 - Item VI-K.10a. CONSENT AGENDA ITEM # 33019 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Island Lake West Canal to William 0. and Dorothy G. Arey (Lynnhaven Borough) for installation of a bulkhead and pier. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain an approved waterfront permit. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF ISLAND 7 LAKE WEST CANAL TO 8 WILLIAM 0. AREY AND 9 DOROTHY G. AREY, THEIR 10 HEIRS, ASSIGNS AND 11 SUCCESSORS IN TITLE 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof 16 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 17 William 0. Arey and Dorothy G. Arey, their heirs, assigns and 18 successors in title are authorized to construct and maintain a 19 temporary encroachment into the right-of-way of Island Lake West 20 Canal. 21 That the temporary encroachment herein authorized is for 22 the purpose of constructing and maintaining a bulkhead and pier 23 and that said encroachment shall be constructed and maintained in 24 accordance with the City of Virginia Beach Public Works 25 Department's specifications as to size, alignment and location, 26 and further that such temporary encroachment is more particularly 27 described as follows: 28 29 An area of encroachment into a 30 portion of the City's right-of-way 31 known as Island Lake West Canal, on 32 the certain plat entitled: 33 PROPOSED BULKHEAD PIER AND FILL IN 34 ISLAND LAKE CANAL TRIBUTARY OF LONG 35 CREEK VIRGINIA BEACH STATE VA. 36 APPLICATION BY WILLIAM 0. AREY,ll a 37 copy of which is on file in the 38 Department of Public Works and to 39 which reference is made for a more 40 particular description. 41 42 PROVIDED, HOWEVER, that the temporary encroachment 43 herein authorized shall terminate upon notice by the City of 44 Virginia Beach to William 0. Arey and Dorothy G. Arey their heirs, 45 assigns and successors in title and that within thirty (30) days 46 after such notice is given, said encroachment shall be removed 47 from the City's right-of-way of Island Lake West Canal and that 48 William 0. Arey and Dorothy G. Arey, their heirs, assigns and 49 successors in title shall bear all costs and expenses of such 50 removal. 51 AND, PROVIDED FURTHER, that it is expressly understood 52 and agreed that William 0. Arey and Dorothy G. Arey, their heirs, 53 assigns and successors in title shall indemnify and hold harmless 54 the City of Virginia Beach, its agents and employees from and 55 against all claims, damages, losses and expenses including 56 reasonable attorney's fees in case it shall be necessary to file 57 or defend an action arising out of the location or existence of 58 such encroachment. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that William 0. Arey and Dorothy G. Arey 61 execute an agreement with the City of Virginia Beach encompassing 62 the afore-mentioned provisions. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 18 day of June 19 90 65 66 EEF:kg 67 Date: 02-16-90 68 CA-90 3642 69 (encroach\Arey.ord) APPROVED AS TO CON@ (@t.; ITS DEPARTMENI APPROVED AS T@D LEC@AL 2 THIS AGREEMENT, made this 9th day of April 90 CITY OF VIRGINIA BEACH, VIRGINIA, a 1.9 by and between the part, and WILLI municipal corporation, party of the first AM 0. AREY and DOROTHY G. AREY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a bulkhead and pier in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead and pier, it is necessary that the said party of the second part encroach into a portion of an existing City property known as waters of island Lake Canal; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead and pier within a portion of the City's property known as waters of Island Lake Canal. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as waters of Island Lake Canal for the purpose of constructing and maintaining such bulkhead and pier. It is expressly understood and agreed that such temporary encroaclunent will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications ancl approval as to size, alignment and location and is more particularly described as follows, to wit; An area of encroachment into a portion of the City's property known as bulkhead and pier as shown on that certain plat entitled: "PROPOSED BULKHEAD PIER AND FILL IN ISLAND LAKE CANAL TRIBUTARY OF LONG CREEK AT VIRGINIA BEACH, STATE: VA., APPLICATION BY WILLIAM 0. AREY,ll a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the seconaj part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as waters of Island Lake Canal by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including 2 reasonable attorney's fees in case it shall be necessary to filei or defend an action arising out of the location or existence of such temporary encroachment. it is further expressly understood and agreed that enlarge such nothing herein contained shall be construed to aintenance or permission and authority to permit the m construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroaclunent by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain an approved waterfront permit prior to commencing any construction within the City's property. It is further expressly understood and agreed that prior to issuance of a waterfront permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00), if required. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and 3 collect the cost in any manner provided by law for the collection may require the party of the second part of local or state taxes; to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City v s right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be the made within the time ordered hereinabove by this Agreement, City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WILLIAM 0. AREY and DOROTHY G. i AREY, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its Deputy City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By Deputy City Manager I 4 (SEAL) ATTEST: City Clerk Willizim 0. Arey By 'Doroth Arey yp- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS M. MARTINSEN, JR., Deputy City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: As To CONTENI 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-Wit: I, a Notary Public State aforesaid, do hereby certify that in and for the City and RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 the has acknowledged same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19 Notar Public My Commission EXpires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Karyn M. Mercier I, a Notary Public in and for the City and State aforesaid, do hereby certify that WILLIAM 0. AREY, whose name is signed to the foregoing writing, bearing date the 9th day of April 90 19 has acknowledged the same before me in my City and State aforesaid. Given under my hand this 9th day of April 19 90 140@y@publi 10-30-92 My Commission Expires. 6 STATE OF VIRGINIA to-wit: CITY OF VIRGINIA BEACH, I, Karyn M. Mercier a Notary Public in and for the City and state aforesaid, do hereby certify that DOROTHY G. AREY, whose name is signed to the foregoing writing, April 19 90 , has bearing date the 9th day of - acknowledged the same before me in my City and State aforesaid. Given under my hand this 9th day of April 19 90 N My Commission Expires: 10-30-92 7 1 Requested by DePartment of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF ISLAND 7 LAKE WEST CANAL TO 8 WILLIAM 0. AREY AND 9 DOROTHY G. AREY, THEIR 10 HEIRS, ASSIGNS AND 11 SUCCESSORS IN TITLE 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof 16 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 17 William 0. Arey and Dorothy G. Arey, their heirs, assigns and 18 successors in title are authorized to construct and maintain a 19 temporary encroachment into the right-of-way of Island Lake West 20 Canal. 21 That the temporary encroachment herein authorized is for 22 the purpose of constructing and maintaining a bulkhead and pier 23 and that said encroachment shall be constructed and maintained in 24 accordance with the City of Virginia Beach Public Works 25 Department's specifications as to size, alignment and location, 26 and further that such temporary encroachment is more particularly 27 described as follows: 28 29 An area of encroachment into a 30 portion of the City's right-of-way 31 known as Island Lake West Canal, on 32 the certain plat entitled: 33 PROPOSED BULKHEAD PIER AND FILL IN 34 ISLAND LAKE CANAL TRIBUTARY OF LONG 35 CREEK VIRGINIA BEACH STATE VA. 36 APPLICATION BY WILLIAM 0. AREY,ll a 37 copy of which is on f ile in the 38 Department of Public Works and to 39 which reference is made for a more 40 particular description. 41 42 PROVIDED, HOWEVER, that the temporary encroachment 43 herein authorized shall terminate upon notice by the City of 44 Virginia Beach to William 0. Arey and Dorothy G. Arey their heirs, 45 assigns and successors in title and that within thirty (30) days 46 after such notice is given, said encroachment shall be removed 47 from the City's right-of-way of Island Lake West Canal and that 48 William 0. Arey and Dorothy G. Arey, their heirs, assigns and 49 successors in title shall bear all costs and expenses of such 50 removal. 51 AND, PROVIDED FURTHER, that it is expressly understood 52 and agreed that William 0. Arey and Dorothy G. Arey, their heirs, 53 assigns and successors in title shall indemnify and hold harmless 54 the city of Virginia Beach, its agents and employees from and 55 against all claims, damages, losses and expenses including 56 reasonable attorney's fees in case it shall be necessary to file 57 or defend an action arising out of the location or existence of 58 such encroachment. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that William 0. Arey and Dorothy G. Arey 61 execute an agreement with the City of Virginia Beach encompassing 62 the afore-mentioned provisions. 63 Adopted by the Council of the City of virginia Beach, 64 Virginia, on the _ day of 19 65 66 EEF:kg 67 Date: 02-16-90 68 CA-90 3642 69 (encroach\Arey.ord) APPROVED AS TO CON-' fE; 4TS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 2 EXHIBIT "A" SLIAOI-Wl?tr 5rAfC P-RK 1, ZI.TH ricAN ti,&H @- rCl? AW Ar@ 0 VA.@-@H RVPI-R@ @P R vt7 rxisr 9R.V,9E:D \,/.Ll. VW@. l.ro C .T,- bo cu YOS F UF'LAWD F',I.L T. ec T)SCD. 2. Peop@sco Flic'R ec 3,wiaZ ANO PURPOSE: PLAW P-TLL DATIJM M L\IV ACENT PROPGRTY OWNGRO: AT COUNTY OF $TATE\/@. VA. A"LICATION BYV/,LLI@M 0 Ai?t5Y 1 C# E DATE q IDY CA.@ILEY MARI@5 @CN57- SHEET -,?S- 55 NOT A SUBDIVISION IZ201,000 12,2D7.000 12,213,000 JECT SITE Neck Point LIT7 LOCATION MAP - 36 - Item VI-K.10b. CONSENT AGENDA ITEM # 33020 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a(@ portion of the right-of-way of a 100 foot drainage right-of-way (2532 Los Corrales Court) to Lois Hurdle (Princess Anne Borough) to construct an inground pool, subject to: The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. Prior to any construction within the existing public right-of-way, the owner or her agent shall obtain a permit from the Highway Inspections Bureau. 5. Prior to issuance of a Highway permit, the owner or her agent must post a Performance Bond and show proof of public liability (minimum $300,000). 6. The owner agrees to purchase, from the City of Virginia Beach, the excess property within the drainage right-of-way. The amount of excess will be determined by the Department of Public Works. The owner will be required to follow the City of Virginia Beach Department of Real Estate Public Works Procedure for Sale of Excess Property. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF A 100 FOOT 7 DRAINAGE RIGHT-OF-WAY TO 8 LOIS HURDLE, HER HEIRS, 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent thereof 15 contained in Section 15.1-893, Code of virginia, 1950, as amended, 16 LoiS Hurdle, her heirs, assigns and successors in title are 17 authorized to construct and maintain a temporary encroachment into 18 the right-of-way of a 100 foot drainage-of-way. 19 That the temporary encroachment herein authorized is for 20 the purpose of constructing and maintaining a 19'-1/2" x 371-1/2" 21 inground swimming pool and that said encroachment shall be 22 constructed and maintained in accordance with the City of Virginia 23 Beach Public Works Department's specifications as to size, 24 aligrlment and location, and further that such temporary 25, encroachment is more particularly described as follows: 26 27 An area of encroachment into a 28 portion of the City's right-of-way 29 known as a 100 foot drainage right- 30 of-way, on the certain plat 31 entitled: "POOL PLAN PREPARED BY 32 POLYNESIAN POOLS 2980 VIRGINIA BEACH 33 BLVD. VIRGINIA BEACH, VA. STATE 34 CONTRACTING NO. 019188 FOR MRS. 35 LOUIS HURDLE 2532 LAS CORRALES CT. 36 VA. BCH. VA 23456,11 a copy of which 37 is on file in the Department of 38 Public Works and to which reference 39 is made for a more particular 40 description. 41 42 PROVIDED, HOWEVER, that the temporary encroachment 43 herein authorized shall terminate upon notice by the City of 44 Virginia Beach to Lois Hurdle, her heirs, assigns and successors 45 in title and that within thirty (30) days after such notice is 46 given, said encroachment shall be removed from the City's 47 right-of-way of a 100 foot drainage right-of-way and that Lois 48 Hurdle, her heirs, assigns and successors in title shall bear all 49 costs and expenses of such removal. 50 AND, PROVIDED FURTHER, that it is expressly understood 51 and agreed that Lois Hurdle, her heirs, assigns and successors in 52 title shall indemnify and hold harmless the City of Virginia 53 Beach, its agents and employees from and against all claims, 54 damages, losses and expenses including reasonable attorney's fees 55 in case it shall be necessary to file or defend an action arising 56 out of the location or existence of such encroachment. 57 AND, PROVIDED FURTHER, that this ordinance shall not be 58 in effect until such time that Lois Hurdle executes an agreement 59 with the City of Virginia Beach encompassing the afore-mentioned 60 provisions. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 18 day of June 19 90 63 64 65 EEF:kg 66 2/16/90 67 CA-3643 68 (encroach\Hurdle.ord) S](-,NATURE DEPARTMENT 2 THIS AGREEMENT, made this @'i day of by and between the CITY OF VIRGINIA BEACH, VIRGINIA@ a municipal corporation, party of the f irst part, and Ms. Lois Hurdle, her heirs, assigns and successors in title, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a 19--1/2" x 37--1/2 inground swimming pool in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such 191-1/2" x 371-1/2" swimming pool, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as a 100 foot drainage right-of-way; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such swimming pool within a portion of the City's right-of-way known as a 100 foot drainage right of way. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known GPIN as a 100 foot drainage right-of-way for the purpose of constructing and maintaining such 191-1/2 x 371-1/2" inground swimming pool. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as a 100 foot drainage right-of-way as shown on that certain plat entitled: "POOL PLAN PREPARED BY POLYNESIAN POOLS 2980 VIRGINIA BEACH, VA. STATE CONTRACTING NO. 019188 FOR Mrs. Louis Hurdle 2532 Las Corrales Ct. VA. BCH. VA 23456,1' a copy of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as a 100 foot drainage right-of-way by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the 2 City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the second part agrees to purchase from the party of the 3 first part the excess property within the drainage right-of-way, which amount shall be determined by the Public Works Engineering Office. The party of the second part further agrees to follow the City of Virginia Beach, Department of Real Estate Public Work's procedure for sale of excess property. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the Citv's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Ms. Lois Hurdle, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of 4 Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk By Ms. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, - I a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the _ day of , 19-, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _ day of 19-. MY Cormnission Expires: Notary Pu APPROVED AS TO CONTENT DEPARTMENT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 _, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this - day of 19-. MY Commission EXpires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I , @A z- , L in and for the City and state aforesa a Notary Public id, do hereby certify that Ms. Lois Hurdle, whose name is signed to the foregoing writing, bearing date the @ day of @.? i, II @ - I 119 @(-), has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of My Commission Expires: 1991- 6 EEF: kg Date 2-16-90 CA-3643 I (encroach\Hurdle.agr) i I I I I I i I I I I 1 7 1 I I I r,,/$is TOCEilriFYTHAT OIV APRIL 28,1988 SURVEYED THE PROPERTY SHOWN ON rtlis PI A AAFD THAT THE i RITLE LINES AND rHE WALLS ARE A,7 SHOWN ON THIS IYITHIN T,'iE TITLE LINES AND y SHOW,V AND THAT THE PROPI CHAIENTS OF 0 7HER B ILU-0. FLOOD HAZARD BOUNI APPEAI?S TO FALL Wffl@ DArED JANUARY17,1985. Y NO. 515531, PANEL N CENTERLINE ASSOCIATES, LTD. By Land Englneerlng - Con3iruclion Sur,,eylng 3690 Soulh Plaza Troll Vir nla Beach, Virginla (WC)4) 491) - 312?) R. 51 DRAIN-IGE EASE 0t 14 "E .IA C CY 2 STORY BRICK to .4, co aricx 50 tvks 0 4 LAS CORRALEO@ courr PHYSICAL 3URVEY OF LOT 5 LAS CORF?ALES 2532 LAS CORRALES COURT VIRGINIA BEACH, VIRGINIA FOA' LOIS S. HI)RDLE - PL AT RECORDED 2 @7 BOOK 25 2 4,PG. 39 1. 9 2 3 6 PO, 144 71) all POOL PLAN PREPAREQ By POLYNESIAN Po6Ls 2.98@ VIRGINIA REACH BLVD- VIRGINIA BEACH, VA STAT' , CONTRACTING NO- 019188 FOX Mcs. I-oui LAS VA 7,-CO CC@ D,., LAS CORRALR-S COL) SC A'L -1 2 FD- - 37 - Item VI-K.10c. CONSENT AGENDA ITEM # 33021 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lynnhaven Parkway (560 feet North of Viking Drive - Oceana West Corporate Park) to the Virginia Beach Development Authority (Lynnhaven Borough) to allow installation of an ID sign, subject to: The following conditions shall be required: 1. The owner agrees to remove the e,,roachment when notified by the CitY of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 6. Prior to issuance of a Highway permit, the owner or his agent must show proof of public liability (minimum $300,000). 7. No open cut of a public roadway shall be allowed except under extreme circumstances; such exceptions shall be submitted to the Highway Division for final approval. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 RIGHT-OF-WAY OF LYNNHAVEN 7 PARKWAY TO THE VIRGINIA 8 BEACH DEVELOPMENT 9 AUTHORITY, ITS ASSIGNS AND 10 SUCCESSORS IN TITLE 11 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent thereof 15 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 16 the City of Virginia Beach Development Authority , its assigns and 17 successors in title, is authorized to construct and maintain a 18 temporary encroachment into the right-of-way of Lynnhaven Parkway. 19 That the temporary encroachment herein authorized is for 20 the purpose of constructing and maintaining an identification sign 21 and that said encroaclunent shall be constructed and maintained in 22 accordance with the City of Virginia Beach Public Works 23 Department's specifications as to size, aligriment and location, 24 and further that such temporary encroachment is more particularly 25 described as follows: 26 27 An area of encroachment into a 28 portion of the City's right-of-way 29 known as Lynnhaven Parkway, on the 30 certain plat entitled: IIOCEANA WEST 31 CORPORATE PARK SIGN LOCATION 32 PLANNING, " a copy of which is on 33 file in the Department of Public 34 Works and to which reference is made 35 for a more particular description. 36 37 PROVIDED, HOWEVER, that the temporary encroachment 38 herein authorized shall terminate upon notice by the City of 39 Virginia Beach to the City of Virginia Beach Development 40 Authority, its assigns and successors in title and that within 41 thirty (30) days after such notice is given, said encroachment 42 shall be removed from the City's right-cf-way of Lynnhaven Parkway 43 and that the Virginia Beach Development Authority, its assigns and 44 successors in title, shall bear all costs and expenses of such 45 removal. 46 AND, PROVIDED FURTHER, that the Virginia Beach 47 Development Authority agrees to maintain said encroachment so as 48 not to become unsightly or a hazard. 49 AND, PROVIDED FURTHER, that the Virginia Beach 50 Development Authority must submit and have approved a traffic 51 control plan before commencing work in the City's right-of-way. 52 AND, PROVIDED FURTHER, that the Virginia Beach 53 Development Authority agrees that no open cut of the public 54 roadway shall be allowed except under extreme circumstances. Such 55 exceptions shall be submitted to the Highway Division, Department 56 of Public Works, for final approval. 57 AND, PROVIDED FURTHER, that the Virginia Beach 58 Development Authority must obtain a permit from the Highway 59 Inspections Bureau prior to commencing any construction within the 60 City's right-of-way. 61 AND, PROVIDED FURTHER, that prior to issuance of a 62 Highway permit, the Virginia Beach Development Authority must show 63 proof of public liability insurance of a minimum of Three Hundred 64 Thousand Dollars ($300,000.00). 65 AND, PROVIDED FURTHER, that it is expressly understood 66 and agreed that the Virginia Beach Development Authority, its 67 assigns and successors in title, shall indemnify and hold harmless 68 the City of Virginia Beach, its agents and employees from and 69 against all claims, damages, losses and expenses including 70 reasonable attorney's fees in case it shall be necessary to file 71 or defend an action arising out of the location or existence of 72 such encroachment. 73 AND, PROVIDED FURTHER, that this ordinance shall not be 74 in effect until such time that the Virginia Beach Development 75 Authority executes an agreement with the City of Virginia Beach 76 encompassing the aforementioned provisions. 77 2 78 Adopted by the Council of the City of Virginia Beach, 79 Virginia, on the 18 day of June 1990 80 81 JAS/I ls 82 02/2 2/ 90 83 CA-89-3412 84 (ordin\noncode\authorit.ord) 3 THIS AGREEMENT, made this Z day of 19 by and between the CITY OF VIRGINIA-BEACH, VIRGINIA, a municipal corporation, party of the first part, and the VIRGINIA BEACH DEVELOPMENT AUTHORITY, a commission appointed by the City Council of the City of Virginia Beach, ITS ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the isecond part to construct and maintain an identification sign in the median of Lynnhaven Parkway in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such identification sign, it is necessary that the said party of the second part encroach into a portion of an existing City right- of-way known as Lynnhaven Parkway; and said party of the second part has requested that the party of the f irst part grant a temporary encroachment to facilitate such identification sign within a portion of the City's right-of-way known as Lynnhaven Parkway. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of one GPIN ($1.00), in hand paid, to the said party of the first Dollar part, receipt o@@ ghich is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Lynnhaven Parkway for the purpose of constructing and maintaining stch an identification sign. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the city of Virginia Beach, and in accordance with the City Of Virginia Beach public works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, tO wit: hn ayea of encroachment into a portion of the city's right-of-way known as Lynnhaven Parkway as shown on that certain plat entitled: IIOCEANA WEST CORPORATE PARK SIGN LOCATION PLANNING," a coPY of which is attached hereto as Exhibit "All and to which reference is made for a more particular description. it is further expressly understood and agreedIthat the temporary encroachment herein authorized shall terminate upon notice by the city of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the city's right-of-way known as Lynnhaven Parkway bY the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. 2 it is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out Of the location or existence of such temporary ehcroachment. it is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. it is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the CitY's right- of-way. it is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the HighWay DiVision, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the 3 Highway Inspections Bureau prior to COmmencing any construction within the city's right-of-waY- It is further expressly understood and agreed that prior to issuance of a HighWaY permit, the party of the second part must show proof of public liability insurance of a minimum of Three HUndred Thousand Dollars ($300,000.00). It is further expressly understo,d and agreed that the encroaching subdivision sign shall not exceed thirty-two (32) square feet per face, shall not exceed two (2) faces, shall not exceed six (6) feet above the natural grade at the curb, and landscaping shall be approved by the Landscape Services Division of the Department of General services. it is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or " as built" plans of the encroachment, if required by either the city Engineer I s of f ice tment. or the Engineering Division of the public utilities Depar it is further expressly understood and agreed that the such authority and party of the first part, upon revocation of permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law f Or the collection of local or state taxes; may require the party of the Isecond part to temove such temporary encroachment; and pending such removal, 4 the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent 6f what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the city shall impose a penalty in the sum of one Hundred Dollars ($100.00) per day for each and every day that such encr6achment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said VIRGINIA BEACH DEVELOPMENT AUTHORITY has caused this Agreement to be execu@ed in its corporate name and on its behalf by its Chairman I and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the CITY OF VIRGINIA BEACH has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk 5 VIRGINIA BEACH DEVELOPMENT A By (SEAL) ATTE@ itle) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , lg_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public my comission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on 6 the day of 19 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. lic Imy commission Expires: STATE OF VIRGINIA IcITY OF VIRGINIA BEACH, a Notary Publi C ,in and for the City and State aforesaid, do hereby certify that (Title) on behalf of the VIRGINIA BEACH DEVELOPMENT AUTHORITY, whose name is signed to the foregoing writing, bearing date the 7- day lof 19 0, has acknowledged the s-e before me in my City and State aforesaid. Given under my hand this day of 19 otar@ Publ c my commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, 1, a Notary Public in and for the City and State aforesaid, do hereby certify that Av ,Ply (Title) 7 BEACH DEVELOpmENT AUTHORITY, WhoSe name ,,n behalf Of the VIRGINIA e day is signed to the foregoing writing, bearing date th same ig_Lo, has acknowledged the of tate aforesaid. before me in MY City and S this day Of under my hand 19 My Conmission Expires, AppROVED AS TO COK(@NTS JAS/ils 02/23/90 CA-89-3412 (encroach\authorit.agr) APPRO14ED AS TO LEOAI. SUFFICIENCY AND @CR?A LOCATION MAP . I ,i i - 38 - Item VI-K.11 CONSENT AGENDA ITEM # 33022 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED: Annual Ambulance Permit Renewal for area private, municipal and non-profit organizations, pursuant to Section 10.5-2 of the Code of the City of Virginia Beach, Virginia: Children's Hospital of the King's Daughters Norfolk Paramedical Rescue Services Nightingale Air Ambulance City of Chesapeake Fire/EMS Central Virginia Ambulance Service Tidewater Ambulance Service Medical Transport, Inc. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry - 39 - Item VI-K.12 CONSENT AGENDA ITEM # 33023 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: NITE LIFE MARINA, INC. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry - 40 - Item VI-L.l. UNFINISHED BUSINESS ITEM # 33024 BY CONSENSUS, City Council ACCEPTED the ABSTRACT OF VOTES - General Election, May 1, 1990. - 41 - Item VI-M.I. NEW BUSINESS ITEM # 33025 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council: REQUESTED the COMMONWF.ALTH TRANSPORTATION BOARD delay consideration of a consultant for Constitution Drive until after July 1, 1990, in order for the reorganized City Council to reconsider the project. The City Manager will advise the Cenrtal Business District Commission of the action of City Council prior to their Meeting on Tuesday, June 19, 1990. Voting: 7-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Voting Nay: William D. Sessoms, Jr. Council Members Abstaining: Harold Heischober* Council Members Absent: Mayor Meyera E. Oberndorf and John L. Perry *Councilman Heischober ABSTAINED as he may have an interest which might be affected by the Constitution Drive Alignment. ne - 42 - Item VI-M.2. NEW BUSINESS ITEM # 33026 ADD-ON Councilman Moss expressed concern with Real Estate Asessment issues and devaluations. City Council should establish the proper procedures and provide more direct guideance. There is a mechanism or formula by which new sources of revenue could be established. Sales tax and gasoline tax are more consumption based, and if an individual uses more roads and burns more gas, the individual pays more to use them. There is more equity to this method, rather than paying personal property tax on a vehicle when vehicle costs have grown much faster than income over the last five years. The City Manager shall investigate other methods of raising revenue. - 43 - Item VI-M.3. NEW BUSINESS ITEM # 33027 ADD-ON Councilwoman Parker referenced the maintenance of the dredge at Owl's Creek. The City Manager advised the Virginia Marine Resources Commission and the State Water Control Board were satisfied with the City's efforts and response to the various concerns. On several occasions, their inspectors were present on the site. - 44 - item VI-N. 1 ADJOURNMFNT ITEM # 33028 Upon motion by Councilman Baum, Cit y C ... cil ADJouRNED the Meeti" g t 5:15 P.M- B,,e y 0. Hooks vice Mayor Chief Deputy city Clerk th Hdge Sith, CMC Me Ma ty Clerk City of Virginia Beach Virginia e 18 1990 ABSTRACT OF VOTES cast in the City of vn~rN-~ ~l , Virgiv_ia, at the May 1, 1990 General Election, for: City Council (At !~rge) (2 seats) (enter appropriate offwe title and, if applicable, Borough, Di~trlct or Ward) Names of Thomas W. "Tcm" Abbott Sheldon L. Corner Joshua F. Edwardsr Sr. S. W. "Steve" Jackson Paul K. Massengill Oscar E. Northen, Jr. Nancy K. Parker John O. Parmele, Jr. Jeffrey A. Rasmusse~ Nathan Daniel Rohr Fora/ Reee/ved an 7,603 9,209 3r121 1,425 1,008 8~107 9,644 1,783 732 749 (~ontinue o. r~ver~e side, if ,,~eded) we, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 1, 1990, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Nancy K. Parker W. D. "Will" Sesscras. Jr. Given under our hands this BO A R D Chairman Vice Chairman Secretary Secretary, Electoral Board N.- 2at.1 Vk. @.i.ed an Figures) Olyn Bennett Joe Bery J. W. Brazier Dmnell P. Davis J. C. Fal Vlillis Ferebee ,TOseph L. Kristy Lachance Mic@ J@h P-ta, Na- of c@ Total vok. R@tived Raphael W. step@ an Fifures) 2 Ann L- V- vleet u - i ' City @r-" At Ilge 3 ABSTRACT OF VOTES cast in the City of vim@ Virgi@a, at the May 1, 1990 General Election, for: l@r, ri ty rA-Mlnf-i I (T4=havpn no@ (enter appmpriat. oflice title and, if applicable, Do@gh, @g or Ward) 2'otal Voks Jtweived Names of C@idates an J?iourts) W. "Al' Balko 16,015 J. 1,1. "Jjjn" Brazier, Jr. 16,779 Bob Engesser 1 Williarn W. Johnson 1 Paul Lanteiam I IA'-Slie @S, III 1 John @s 1 Rnhin @ll 1 Ttm @th 1 Raphael W. Stephms 2 (wntinut m revene e-, if -ded) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 1, 1990, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s,) have received the greatest number of votes cast for above office in said election: J. W. 'Jim' Brazier, Jr. Given under our hands this -d day A Chair7nan Vice I rman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of VRW.TWA RFAM Virginia, at the May 1, 1990 General Election, for: , city ca=il (Rayside h) (i seat) (enter appmpriate @e title and, if applicable, Bo@gh, @t or Ward) Total Votes @ived Na@o of Cadidate. an Pieums) Stanley M. Harrell @1,923 loouis R- Jones 11 Delcerio C. Mil.es 3,417 John L. Perry 4,445 Margery N. Schechner 3,756 Leo C. War@, Jr. 7,782 Harry S. Cologne 1 Bob Erxjesser 1 Tan Jones I -@lie Lewis, III 1 (contin@ an r*vene &Me, if @ded) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the ekcfion held on May 1, 1990, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) @e received the greatest number of votes cast for the above office in 8aid election: @s R. Jcnes Given under our hands this -seccnd day 1990, A Illpl i Chair7nan Vice Chairman Secret@ Secret@, Electoral Board Tofcd Votes @eived Na~s of CwW@es an mgums) 14arlena @u 1 Bill NixCn 1 . Raphael W. Stephens 1 I I I Virginia, ABSTRACT OF VOTES cast in tlie City of at the May 1, 1990 General Election, for: , city comcil-(@sville Borough). (1 seat) (enter approp@te office title if ppl@abk, Borough, D t or Ward) Total Vales JUMved Names of CandWWes (7n F4u-s) Rcbert W. ClYburn 17 385 Stella J. Daniels 3,383 1 Jchn Broderick 1 Bcb I S. 2 Tdm Holland 1 I-lilliarn Jamie Parnana .ue an reveme #i&, if @ded) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 1, 1990, do he above is a true and corr-ect Abstract of Votes cast at said election and do, therefore, det that the following person(s) have recei'ved the greatest number of votes cast for the ab ion: Rcber-t W. Cl@ Given under our hands this d daY of MaY@1990. Chairrnan Vice Chairman Secretary Secretary, Electoral Board Totcd Vote. JV.- Of C@idt. R~i.ed an Pigures) Tbl@, Ri art si 1 Raphael W. Stephens 2 Don Varela I I I I I ABSTIUCT OF VOTES cast in the City of @mA Virginia, at the May 1, 1990 General Election, for: , city Comcil (Purigo Borough) (1 seat) (ent,r approp@te offtee title and, if applicable, Borough, Dis@t or Ward) 2'otcd V@* iumved Na~s of C@WWE. (Zn @res) Bar @ a M. Henley 16,044 Paul J. Lanteigm 17,047 Bob @ser I Lp-slie @s iii 1 Douglas M=ison 1 Lisa t@llo 1 Raphael W. Stephens 1 (w-dnw m rovene s@, if @ded) we, the undersigned Elector-al Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 1, 1990, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s,) have received the greatest number of votes cast for the above office in 8aid election: Paul J. Lanteigne Given under our hands this secmd day of 990. Chair7nan Vice Chairman Secretary ----iSecretary, Electoral Board