HomeMy WebLinkAboutAUGUST 7, 1989
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"WORLD'S LARGEST RESORT CITY"
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V CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202
.-IN, (804) 427-4303
R@- 11.@iES WiTti.
August 7, 1989
ITEM 1. CITY MANAGERTS BRIEFING - Conference Room 12:00 NOON
A. "NOT-FOR-PROFITI, GRANT GUIDELINES
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room 12:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Room 1:00 PM
A. CALL TO ORDER - r4ayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber 2:00 PM
A. INVOCATION: Rabbi Israel Zoberman
Reform Jewish Congregation
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TIDE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FOW4AL SESSIONS - July 10, 1989
E. PRESENTATION
1. AWARD OF FINANCIAL REPORTING ACHIEVEMENT
Giles G. Dodd, Assistant City Manager for Administration
F. PUBLIC COMMENT
1. GAME and INLAND FISHERIES SPECIAL REGULATIONS
G. CITY MANAGER'S PRESENTATION
1. BOND REFERENDUM COMMITTEE
Mr. William Schlimgen, Chairman
H. PUBLIC HEARING
1. PLANNING
a. Petition of F. WAYNE McLESKEY, JR., for the discontinuance?
closure and abandonment of an unimproved portion of Shore Drive
located on the South side of Shore Drive extending between
Mystic Cove Drive and Ocean Tides Drive, containing 7,984.66
square feet (BAYSIDE BOROUGH).
Deferred May 8, 1989
Recofnmendation: APPROVAL
1. RESOLUTIONS
1. Resolution authorizing the development of the Minibond program for
the City of Virginia Beach, September 28 - October 6, 1989.
2. Resolution requesting the Commonwealth Transportation Board and the
Virginia Department of Transportation cease the policy allowing
tree trimming on public right-of-way In front of billboards.
3. Resolution requesting the Virginia Board of Game and Inland
Fisheries approve certain special regulations applicable to the
waters of the City of Virginia Beach.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If an item is removed frorn the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution referritig to the Planning Commission a proposed
amendment to Section 106 of the City Zoning Ordinance re Rehearings
of variance applications.
2. Orditiance to AMEND and REORDAIN Section 2-425 of the Code of the
City of Virginia Beach, Virginia, re background Investigations of
applicants for certification; false representation.
3. Ordinance to AMEND and REORDAIN Section 21-338 of the Code of the
City of Virginia Beach, Virginia, re chemical testing for blood
alcohol content.
4. Ordiiiance to AMEND and REORDAIN Section 21-424 of the Code of the
City of Virginia Beach, Virginia, re the release of a vehicle to
its owner or custodian prior to towing.
5. Ordinance, upon SECOND READING, to APPROPRIATE $129,994 to the
Department of Mental Health/Mental Retardation and Substance Abuse
for enhancetnents to Departmental operations.
6. Ordinance, upon FIRST READING, to APPROPRIATE $133,000 to the
Chesapeake Beach Volunteer Rescue Squad for the purchase of a heavy
squad truck.
7. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE a $100,000
Grant from the Commonwealth of Virginia for the Virginia Beach
Veterans' [4emorial Committee to help offset constructions costs of
the Memorial.
8. Orditiance, upon FIRST READING, to APPROPRIATE $49,062 to Ernergency
Medical Services for the purchase of an ambulance for use by the
Courthouse Volunteer Rescue Squad.
9. Ordinance, upon FIRST READING, to APPROPRIATE $36,432 to the
Commonwealth's Attorney's Office for an additional Attorney I
Posltion to be funded by a $28,302 increase in estimated revenues
ahd an $8,130 transfer frorn Reserves.
10. Ordinance, upon FIRST READING, to APPROPRIATE a $5,210 Grant from
the Virginia Councll on the Environment to enable access to State
environmental data bases.
11. Ordinance to TRANSFER $70,000 to Project #2-021 Rural Road
Improvements to promote efficiency and improve safety on rural
roads.
12. Ordinance to TRANSFER $55,000 to Project #1-008 Media Center
Facility/School Supply to allow completion of the Project.
13. Ordinance to TRANSFER $36,340 trom the General Fund Re-gerve for
Gontingenci@s to the Department of General Services for emergency
roof repairs to the Civic Center (DOME).
14. Ordinance authorizing tax refunds in the amount of $6,862.18.
K. UNFINISHED BUSINESS
1. MINORITY REPORT:
TASK FORCE TO STUDY THE RECREATIONAL EQUIPMENT ORDINANCE
L. NEW BUSINESS
M. ADJOURNMENT
cmd
M I N U T E S
VIFIGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 7, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall on Monday,
August 7, 1989, at 12;00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fefttress, Harold Heischober, Barbara M. Henley,
John D. Moss, Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms
Council Members Absent:
Reba S. McClanan (ON VACATTON)
John L. Perry (ENTERED: 1:40 P.M.)
(Visiting his wife in the hospital)
- 2 -
C I T Y M A N A C E R 's B R I E F I N G
"NOT-FOR PROFIT" GRANT GUIDELINES
ITEM # 31569
Dean Block, Assistant City Manager for Budget and Evaluation, introduced Betty
Jean Meyer, Budget Analyst, who summarized the Community Organization Incentive
Grant (COIG) Program and the alternatives for application review and grant
funds allocation among applicant agencies. As a part of the Operating Budget,
the City of Virginia Beach provides assistance to not-for-profit organizations
which provide significant service benefit to residents. To provide for a
standard applicant and reporting process, the City Council, by an ordinance of
June 17, 1985, established a process for these organizations to follow in
requesting and reportin- upon city funds. The growth of the city has created
greater demand for services provided by not-for-profit agencies while changes
in tax laws and shifts in federal funding patterns have decreased available
revenues for these agencies. This has led to an increase in requests for city
assistance. This trend is illustrated with the following statistics:
FY '80-81 71 Agencies $111,107
FY '85-86 12 Agencies 259,899
FY '89-90 22 Agencies 568,837*
i@Of this amount, $341,720 was funded in the
COIG allocation of the Operating Budget.
Currently there is no mechanism to manage this growth of grant funding. It is
also felt there is a need for a broader prospective in the allocation process.
CURRENT PLAN
City Staff receives and reviews requests.
The City Manager recommends funding for each applicant in the
proposed Budget
Advertisement Application Period - October
The Office of Budget and Evaluation reviews the applications and
forwards to an overview agency i.e. Social Services or Mental Health
who provides opinions to Budget and Evaluation who again review the
application.
The City Manager again recornmends an allocation level for the various
agencies in the proposed Operating Budget.
The City Council hears appeals and finalizes allocation.
Strengths:
Allows continued flexibility in funding not-for-profits so that
agencies which might not be able to compete successfully against
other agencies could be funded.
Maintains direct City Council control of allocations among individual
agencies.
s 7 1 8
- 3 -
C I T Y M A N A G E R 'S B R I E F I N G
"NOT-FOR PROFIT" GRANT GUIDELINES
ITEM # 31569 (Continued)
Weaknesses:
The goal of one dollar per capita funding level could be exceeded if
City Council reacts to pressure from interested groups during budget
review and hearings, and increases some allocations without
corresponding decreases in other allocations.
Relies heavily on knowledge of a small number of Office of Budget and
Evaluation and departmental staff members to make recommendations on
a wide variety of not-for-profit operations.
All appeals would be heard by Council, during public budget hearings
which would cause Council attention to be focused on relatively small
budget issues which attract constituency interest at hearings.
REVIEW COMMITREE WITH AU.OCATION AUTHORITY
Composition:
Two City Staff Members and a Library Board Member
One Citizen At-Large serving as the Chairperson
One representative from the United Way Funding Committee
Advertise Grant Application Period - September
The Office of Budget and Evaluation receives the applications and
forwards them to the Review Committee
Tlie City Council would appropriate a block of funds as a part of the
APPROVED Budget.
The Review Committee would allocate these funds across the agencies.
The Review Committee would forward a report to City Council relative
their decision for allocation of the aforementioned funds.
Strengths:
This alternative mirrors the procedure set-up for the Arts and
Humanities Commission
Involves community representatives in the grant review process. The
representatives would be drawn from City Staff, United Way and
citizens at large chosen by City Council, thus bringing broader
expertise to that process.
A formula of one dollar per capita is set out as the funding level
for allocations to not-for-profit agencies. This funding level may
need to be "phased in" to the full level over two fiscal years.
After Council approval of a total COIG funding amount in the APPROVED
Operating Budget, the Grant Review Committee would provide detailed
review and allocation decisions on grant applications. This would
relieve City Council of the burden of interpreting and acting upon
the growing number of requests.
August 7, 1989
- 4 -
C I T Y M A N A G E R 'S B R I E F I N C
"NOT-FOR PROFTT" GRANT GUIDELINES
ITEM # 31569 (Continued)
REVIEW COMMITREE Wl'fH RECOMMENDATION-ONLY AUTHORITY
Composition:
Two City Staff Members and a Library Board Member
One Citizen At-Large serving as the Chairperson
One representative from the United Way Funding Committee
Advertise Grant Application Period - September
The Office of Budget and Evaluation receives the applications and
forwards to the Review Committee
The Review Committee would make their recommendations.
City Council would receive these recommendations prior to taking
final action on the Operating Budget.
The City Council hears appeals and finalizes allocation based upon
the Review Conunittee's recommendations.
Strengths:
Involves community representatives in the grant review process. These
representatives would be drawn from City Staff, United Way and a
citizen-at-large chosen by Council, thus bringing broader expertise
to the review process.
A formula of one dollar per capita is set out as the funding level
for allocations to not-for-profit agencies. This funding level may
need to be "phased on" to the full level over two fiscal years.
Prior to Council action to approve the Operating Budget, the Grant
Review Committee would review grant applications and make
recommendations for Council action on funding. Committee
recommendations could be altered by City Council.
As a part of the Operating Budget approval process, City Council
would have the responsibility for final allocation decisions, based
on Review Committee recommendations.
Weaknesses:
This alternative differs from the procedure set up for the Arts and
Humanities Commission
All appeals would be heard by City Council. At public budget hearings
this could cause City Council's attention to be focused on relatively
small budget issues which attract constituency interest at the
hearings.
If applicant agencies perceived that committee recommendations could
be overridden by appeal to City Council, the committee process might
be rendered ineffective.
BY CONSENSUS, City Council decided to remain with the Current Review Process
for Community Organization Incentive Grants (COIG).
The City Staff will provide Grant Guidelines later this month or in September
and investigate the possibility of a sunset provision within said Guidelines.
Policy parameters need to be established. City Council will act as the
Committee to review said requests. Dean Block advised the Staff had devised a
per capita overall guideline and this will be brought forward as part of the
guidelines to determine if the City Council wishes the City Manager to utilize
in allocating resources and making recommendations.
August 7, 1989
- 5 -
C ON C E R N S OF T HE MAYOR
ITEM # 31570
Mayor Oberndorf referenced the article entitled "BIG-CITY BFACH" in the TRAVEL
section from the RALEIGH NEWS AND OBSERVER
Mayor Oberndorf distributed a copy of this most complimentary article relative
Virginia Beach by Robert D. Hershey, Jr., of the New York Times News Service.
Copy of same is hereby made a part of the record.
ITEM # 31571
Mayor Oberndorf referenced a visit from Harold B. Booterbaugh, William A.
Rockwell and Dr. Harold Addington -President of the Kemspville Greens Home
Association, relative the KEMPSVILLE GREENS GOLF COURSE. The representatives
delivered petitions containing 3,000 signatures of individuals who play the
golf course and live all over the City as well as separate petitions of those
who utilize the golf course, but live in other areas of Virginia and the United
States. These petitions supported the action of the KEMPSVILLE GREENS CIVIC
LEAGUE to protect the Golf Course. The representatives voiced their desire to
be included in the decision making process along with the developers,
Consultant and Parks and Recreation Staff.
The City Manager advised the Consultant will meet with representatives of the
Civic Groups to ascertain their recommendations to City Council. The
representatives will have an opportunity to provide their comments on a
continuing basis involving committees, meetings and ultimate presentations to
the City Council.
Mayor Oberndorf distributed the petitions to Members of City Council and the
City Manager.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31572
Vice Mayor Fentress requested permission for the Presentation of two awards
recommended by the Resort Programs Office for beachfront businesses for
aesthetic excellence in the Resort area. The Resort Programs Office has
requested the Resort Area Leadership Council to bestow these awards. Vice Mayor
Fentress requested these be PRESENTED during the City Council Meeting of August
Twenty-eighth.
Mayor Oberndorf referenced the "In Recognition" Program on Channel 29 is
utilized to acknowledge accomplishments of citizens.
BY CONSENSUS, City Council will remain with the present policy of recognition.
Mayor Oberndorf will forward a memorandum relative the "In Recognition"
Program. Visiting dignitaries from out of State will continue to be recognized.
ITEM # 31573
Councilwoman Henley referenced an Ordinance to Amend and Reordain Section 6-114
of the Code of the City of Virginia Beach, Virginia, pertaining to launching or
landing any watercraft in certain areas. Said Ordinance involves jet skies in
the Sandbridge Area. This Ordinance, as amended would have the jet skies track
the area where surfing is now allowed. Councilwoman Henley requested this
Ordinance be SCHEDULED for a future agenda.
ITEM # 31574
Councilwoman Henley referenced the issue involving the Lago Mar/Hell's Point
Creek situation, the water sampling and the concern of the residents as to
whether there has been pollution for other reasons than runoff.
The City Manager advised there will be a continuing sampling program to
identify the specific cause and point source. There are conflicting bits of
information from two State agencies, but the State Water Control Board is
monitoring the Lago Mar Lagoon which has not been receiving any affluent for
over five years. Some of the news coverage was either not accurate or failed to
show all issues associated with this type test which can be triggered by either
animal, human waste or other types of situations. Hector Rivera, Assistant City
Manager for Human Services, has been co-ordinating activities between the State
fiealth Department and the State Water Control Board. The City Manager has also
requested Clarence Warnstaff, Director of Public Utilities, to investigate and
provide detailed reporting of the City's Public sewer system to be assured a
line has not broken. Memorandums regarding the status have been prepared for
City Council and will be distributed.
Councilman Baum advised the officials should have their procedures available in
print.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 31575
Councilman Moss referenced the letter from Mr. Stack of the Kempsville Kiwanis
inquiring whether the City would cost-participate in the acquisition of the
property where the "Kemspville Town Day" was held. Councilman Moss met with Mr.
Stack and advised of the City's financial situation. Before approaching Council
Members, Councilman Moss suggested Mr. Stack have a mecilanism in place to
measure the general public's support in terms of the amount of funds capable of
being raised. The City Council requires a mechanism to measure the general
interest.
ITEM # 31576
Councilman Sessoms referenced the Resolution requesting the Virginia Board of
Game and Inland Fisheries approve certain special regulations applicable to the
waters of the City of Virginia Beach. (See Item IV-J.3 of RESOLUTIONS.)
Councilman Sessoms inquired whether said Resolution was in compliance with the
report of the Virginia Beach Recreational - Commercial Water Use Study
Committee, Chaired by Captain Buzzy. This Resolution would be considered by the
Virginia Board of Game and Inland Fisheries on August 25, 1989.
ITEM # 31577
Councilwoman Parker advised her attendance as the representative of the Mayor
at a Luncheon with a Student Delegation from Koriyama, Japan, at Old Dominion
University on July 29, 1989. Reverend Greene, the Vice Mayor of Norfolk and
several representatives of ODU presented the students with mementoes; however,
Councilwoman Parker did not have remembrances. Councilwoman Parker advised the
need for an advisory committee who will specialize in protocol with
representatives who have expertise in specific matters.
Councilwoman Parker presented the Mayor with gifts and a letter from the Mayor
of Koriyama as a token of appreciation for the City Seal presented him
previously by Mayor Oberndorf.
August 7, 1989
- 8 -
IT EMS OF T HE C IT Y MANA GE R
ITEM # 31578
The City Manager introduced the new City Engineer, Art Shaw. Art Shaw is a
registered professional engineer with a graduate and under graduate degree.
- 9 -
ITEM # 31579
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, August 7, 1989, at 1:15 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara Ni. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan and John L. Perry
Au ust 7, 1989
- 10 -
ITEM # 31580
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the followin-. purposes:
1. PERSONNEL MATTERS: Discussion or consideration of prospective candidates
for employment, appointment of specific public officers and appointees
pursuant to Section 2.1-344(A) (1). (1) City Council appointed boards,
Commissions and agencies; and, (2) Appointment of the City Attorney.
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City
Council voted to proceed into EXECffIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and John L. Perry
Councilman Perry entered the Executive Session at 1:40 P.M.
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 7, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
August 7, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
INVOCATION: Rabbi Israel Zoberman
Reform Jewish Congregation
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Au ust 7 1 89
- 12 -
Item IV-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 31581
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Viembers Absent:
Reba S. McClanan
August 7, 1989
CEIZTIFICATION OF EXECUTIVL SESSION
VIIZGINIA 13EACII CITY COUNCIL
WIIEIZEAS: Thc Virgiiiia Bcacii CiLy Counci-1 convcned LnLo EXECUTIVE SESSION, I)ursualiL
Lo L-lic a[fir:lllLivc VoLe recordcd liere Illcl iii accor(IInCC WiL[i Lile prov@,@;loiis of Tlic
Virgiiiia Frcedoin of Iiiforiiiatiori Act; arid,
WIIEREAS: SCCLioii 2.1-344.1 of Llie Codc of Vi.rg:Lii:La rcciuirc@3 l ccrLi-ficaLion ])y Llic
govcr:)i:iV, bo(ly Lliat sucli ]-,'xcctIL[ve Scs,,@iori was coiidLicLcct Iii coilforiiii.Ly willi V:i.r@,liii.ci
NOW, 1-111"IZI-'IFOIZI', B]-,' IT I?ESOIVED: TliaL Llic Vi@t-gi.il:i.zi Bc@icli CiLy Couiic.iL liercl)y
certif:i.cs Lli.,iL, Lo LI)c besl of eacil nicilll)cr,s 1(fiowl(,(I@,c, (Li) only p@it)L-i.C I)LISi.IIC@,3 iii@iLLci-S
lziwfu.Lly cxcnil)Lcd froiii C)I)cn MccL:Liig rcqLiiremenLs by Virg:Ln@LLi law wcro (I:i.scussc(i ill
ExccitLivc Scssioti Lo wli:i.cli Llii-r, cerLif:@CaLion rcsoluli.on apl)l:i-os; ancl, (1)) Oll]y SLICII
I)Ublic I)Usilless iliaLLers as wcro id(2iiLifi.C(l i.ii Llic fliolio:i coiiveriing Lliis LxcCLILi.VC
Sossion wcre licar(l, (liscusse(I or coiisidorcd by Virgiiiia ]3eacii CiLy CouiicL]..
MOTION;
Upoii iiiotion I)y Councilwoirian Parkcr, sccondcd by Couiic:Llniiii @loss, CiLy Couiicil volc(l to
I)rocced iiito EXECUTIVE SESSION Lo consider:
.PI-',]?SONNI-L MA'ri@l-@,I?S: Discussion or considcralion of prospcctive can(l:i(IILCS for
eniployiiicn@, zil)poitilinclit of ,31)ccific public officll@s aiitl al)l)oinlecs 1)tirstiiiiiL Lo
Socui-oti 2.1-344(A) (1). (1) CiLLy Councii.1 Lil)i)oitiLccl I)ozir(IS, Coliiliii.ss:i.Oll,'i al)(I
ageiicies; aiid, (2) AppointinciiL of Llic CiLy ALLOFIley.
VOTE:
Cotiiic.i.l. @lonil)ors Votilig AYE:
AlborL 14. Balko, Joliii A. l@@itiiii, Vicc Mayor 1"OI)CrL
Ilciscliobcr, Barbara M. llefiley, Joliii D. Moss, @4ayor Meyera 1-@. Obcrndori@, N@ilicy
K. I'ari@er, a:id Williaiii 1). Sessonis, Jr.
CoLiiicil Mciiibcrs VoLiiip NAY:
iNolic
Couilci.1 Piciiit)crs ABSTAINING:
Noiie
Couiicil @iciiibers ABSENT [oi- Llic VoLe:
Rcba S. @IcClaiiaii aiid Joliii L. l'urry@'
Counc:il Mciiibcrs A13SENT for tlie MCCLilig:
I?eba S. @IcClaiian
@'Couiic:i.liiizin l@erry c:ilerccl Llie EXECUTIVE SESSION @IL 1:40
- 13 -
Item IV-E.l.
MINUTES ITEM # 31582
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of july 10, 1989, as
CORRECTED:
ITEM # 31538 - Item V-G.2.b. - Page 26
ORDINANCE UPON APPLICATION OF MARK R. JESPERSEN FOR
A CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
R07891239
The following condition was omitted:
5. The Conditional Use Permit shall be for this
applicant only and not continue with the land.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 14 -
Item IV-F.I.
PRESENTATION ITEM # 31583
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
Mayor Oberndorf PRESENTED Giles Dodd, Assistant City Manager for Administration
,,ith the CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING.
This AWARD is for Comprehensive Annual Financial Reporting for the Fiscal Year
ending June 30, 1988, and is presented by the Government Finance Officers
Association. This award is the highest form of recognition in governmental
budgeting.
Au ust 7 1989
- 15 -
Item IV-F.2.
RECOGNITION ITEM # 31584
ADD-ON
Mayor Oberndorf recognized the ProductioD Crew from Rescue 9-1-1 KATY Films,
Hollywood, California.
Director: Steve Bronstein
Field Commander: Elizabeth Moffly
Camera Man: Mike Parker
Sound Man: Tom Wolford
Production Assistant: Christopher Smith
CBS is filming the outstanding abilities of the Emergency Medical Services. The
City's EMS is the nation's largest all-volunteer service. The City's Emergency
Medical Services will be receiving national recognition.
Mayor Oberndorf expressed appreciation to Bruce Edwards, Director of Emergency
Medical Services, and all the extraordinary individuals associated with this
service.
- 16 -
Item IV-G.l.
PUBLIC COMMENT ITEM # 31585
Mayor Oberndorf DECLARED a period of PUBLIC COMMENT:
GAME AND INLAND FTSHERIES SPECIAL REGULATIONS
The following spoke in SUPPORT of a throughway channel from Birdneck Point
through Linkhorn Bay, the Narrows and Broad Bay to the mouth of Old Long Creek.
Captain Leslie Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the
Great Neck Association of Civic Leagues
Ed Barco, 2669 Blue Heron Court, Member of the Mayor's Task Force and Chairman
of the Subcommittee generating the concept of the throughway channel.
There being no further speakers, Mayor Oberndorf CLDSED the period of PUBLIC
COMMENT.
August 7, 1989
- 17 -
Item IV-H.I.
CITY MANAGER'S PRESENTATION ITEM # 31586
BOND REFERENDUM COMITTEE
Rae H. LeSesene, Member, representing William Schlimgen, Chairman, presented
the report of the BOND REFERENDUM COMITTEE. (Said report is hereby made a part
of the record). The report only included highway, school and community center
projects but not Lake Gaston since expenditures on this project to date have
all been paid from funds approved prior to the 1988 Referendum.
Four of the seven 1986 APPROVED Highway Projects are under construction and
notice to proceed has been given on Northampton Boulevard. Only General Booth
Boulevard and Indian River Road have not reached the construction stage. Of the
$40-MILLION authorized, 41.2% or $16,496,533 have been contracted.
Each of the four schools APPROVED is under construction and the sites for
schools in the Farmer's Market area and London Bridge Road have been acquired.
Funds totaling $26,202,807 or 81.1% of the $32,850,000 authorized for schools
has been expended.
In the 1987 REFERENDUM, $32,850,000 was APPROVED for Great Neck, Bayside,
Southeastern Community Centers, as well as renovations of the Bow Creek
Recreation Genter. Of the four, only Great Neck Recreation Center is presently
underway. However, construction bids were scheduled to be received for Bow
Creek in July 1989. Through June 30, 1989, $9,416,843 or 28.7% of the total had
been contracted.
All reported expenditures appear to be appropriate and in accord with the
voter's approved question in the 1986 and 1987 BOND REFERENDUMS.
August 7, 1989
- 18 -
Item IV-I
PUBLIC HEARING ITEM # 31587
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. F. WAYNE MclYSKEY, JR. STREET CLOSURE
August 7, 1989
- 19 -
Item IV-1.1.
PUBLIC HEARING ITEM # 31588
PLANNING
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and distributed a photograph of the application with the proposed
portion of right-of-way to be closed roughly penciled in and distributed a
rendering of the landscaping and conforming sign to be placed on the property
if said closure is permitted. Said rendering is hereby made a part of the
record.
F. Wayne McLeskey, Jr., the applicant, advised because of a dedication this
particular piece of property is wider than the adjacent two properties.
C. Oral Lambert, Jr., Director of Public Works, advised to the east and west of
the proposed street closure, existing Shore Drive right-of-way width is
approximately 118 feet. To install an 8-lane facility, an absolute minimum of
132 feet would be required. Eight lanes is 96 feet and a raised median strip
would be required to provide for turn lanes amounting to a total of 112 feet.
With a minimum of 10 feet on either side for sidewalks and a bikeway this
would amount to 132 feet which would not leave room for landscaping.
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
APPROVED, subject to compliance of conditions by February 12, 1990, an
Ordinance upon application of F. WAYNE McLESKEY, JR., for the discontinuance,
closure and abandonment of an improved portion of Shore Drive.
Ordinance upon application of F. Wayne McLeskey,
Jr. for the discontinuance, closure and abandonment
of an unimproved portion of Shore Drive located on
the south side of Shore Drive extending between
Mystic Cove Drive and Ocean Tides Drive. Said
parcel contains 7984.66 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. The area to be closed shall not encroach upon the
four-foot sidewalk adjacent to Shore Drive. The
area to be closed may extend to within six inches
south of the sidewalk
2. The area to be closed shall be modified so as to
maintain a radius of 30 feet at the intersection of
Shore Drive and Ocean Tides Drive and the
intersection of Shore Drive and Mystic Cove Drive.
3. The ultimate disposition of this right-of-way shall
be by purchase rather that direct conveyance,
subject to determination by the City Attorney's
Office.
4. The applicant shall locate the existing 12-inch
water line and 8-inch sanitary sewer line in
reference to the portion of Shore Drive to be
closed. The information shall be forwarded to the
Department of Public Utilities. A utility easement,
satisfactory to Public Utilities, may be required.
5. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to ensure that
all lots have access to a public street.
Au ust 7 1989
- 20 -
Item IV-I.l.
PUBLIC HEARING ITEM # 31588 (Continued)
PLANNING
6. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may exist in the right-of-way
proposed for closure.
7. A legal agreement shall be executed ensuring that
the City may repurchase the right-of-way to be
closed at the same price paid by the applicant, if
the property is needed for public purposes.
8. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
Mayor Oberndorf requested Oral Lambert to graphically depict the right-of-way
to clarify any misunderstanding between the developers' consultants and the
City Staff.
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Reba S. McClanan
August 7, 1989
LLJ
LU
C)
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH, KNOWN
AS SIIORE DRIVE (UNIMPROVED) AS SHOWN UPON
THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PROPOSED
STREET CLOSURE OF A PORTION OF SHORE DRIVE
(UNIMPROVED), BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA, WflICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice
has been given by Mr. F. Wayne Mc Leskey, that he would make
application to the Council of the City of Virginia Beach,
Virginia, on march 27, 1989, to have a portion of the
hereinafter described street discontinued, closed, and vacated;
and I
WHEREAS, it is the judgment of the Council that the
portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
TIIAT CERTAIN unimproved portion of SHORT DRIVE
(formerly Lynnhaven Boulevard) abbutting part
of Dlock 35, Section D, Ocean Park, being
described by reference to a point at the south
western corner of a parcel described as PART
OF BLOCK 35, SECTION D, OCEAN PARK as shown on
that Plat entitled RESUBDIVISION OF PART OF
BLOCK 35, SECTION D, OCEAN PARK for F. WAYNE
MC LESKEY, JR. (D.B. 2708, p. 725) and
proceeding from said reference point in a
northerly direction along the eastern
right-of-way line of Ocean Tides Drive
following the arc of a curve having a radius
of 975.09 feet, an arc distance of 82.66 feet
to a point; thence continuing in a northerly
direction along the eastern right-of-way line
of Ocean Tides Drive along the arc of a curve
having a radius of 528.42 feet, an arc
distance of 76.59 feet to the TRUE POINT OF
BEGINNING; thence continuing in a northerly
direction along the arc of a curve having a
radius of 528.42 feet, an arc distance of
35.12 feet to a point; thence continuing in a
northerly direction along the arc of a curve
GUY, CFIO.WELL. BETZ having a radius of 20.00 feet, an arc distance
LUSTIG, P.C. of 30.23 feet to a point; thence North 87' 37'
12" east, 151.04 feet to a point; thence in a
southerly direction along the arc of a curve
having a radius of 20.00 feet, an arc distance
of 29.71 feet to a point; thence continuing in
a southerly direction along the arc of a curve
having a radius of 7 24 . 3 3feet, an arc
distance of 28.25 feet to a point on the
western right-of-way line of Mystic Cove
Drive; thence in a northwesterly direction
along the arc of a curve having a radius of
20.00 feet an arc distance of 38.80 feet to a
point; thence in a westerly direction along
the arc of a curve having a radius of 162-50
feet, an arc distance of 145.12 feet to a
point; thence in a southwesterly direction
along the arc of a curve having a radius of
20.00 feet, an arc distance of 36.89 feet to
the TRUE POINT OF BEGINNING, as depicted on
that "PLAT SHOWING PROPOSED STREET CLOSURE OF
A PORTION OF SHORE DRIVE (UNIMPROVED), Bayside
Borough, VIRGINIA BEACH, dated 12-7-1988 as
revised 2-23-89, prepared by G.F. Sutton and
Associates.
Said parcel of land being a portion of Shore Drive as indicated
on that certain plat of the property to be vacated, which plat
is to be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and which is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
Adopted:
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- 21 -
Item IV-J.1.
RESOLUTIONS ITEM # 31589
Giles Dodd, Assistant City Manager for Administration, advised the maximum
individual purchase had been raised to $10,000 of face value due to
indications of previous purchasers of the bonds. There is no put option
feature due to the possibility of rating problems with a put options that
contain a cap or ceiling. There will be a separate prospectus with a simple
explanation to the Mini Bond purchasers.
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution authorizing the development of the
Minibond program for the City of Virginia Beach,
September 28 - October 6, 1989.
Voting: 10-0*
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
*Verbal Vote due to storm and subsequent brown-out
Au ust 7, 1989
RESOLUTION TO AUTHORIZE THE
DEVELOPMENT OF THE MINIBOND PROGRAM
WHEREAS, on July 3, 1989, City Council requested that the
City Manager and Finance Department proceed with planning a second
issuance of minibonds, not to exceed $2,000,000, and
WHEREAS, a Planning Report and Calendar of Events has
been presented on the date here of and schedules a minibond sale
between the period of September 28th - October 6, 1989,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that proposed plans for the minibond sale as
presented are approved and that the City Manager and the Department
of Finance should proceed with these plans to develop the minibond
program.
Adopted by the City Council of the city of Virginia
Beach, Virginia on the 7 day of August 1989.
- 22 -
Item IV-J.2.
RESOLUTIONS ITEM # 31590
William J. Holloran, 4512 Virginia Beach Boulevard, Phone: 490-1221, Executive
Director, Hampton Roads Chamber of Commerce - Virginia Beach, presented the
Chamber's Statement of Position in OPPOSITION. (Said statement is hereby made
a part of the record.)
A MOTION was made by Councilwoman Parker, seconded by Councilman Moss to ADOPT
a Resolution requesting the Commonwealth Transportation Board and the Virginia
Department of Transportation cease the policy allowing tree trimming on public
right-of-way in front of billboards.
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms,
Jr.
Council Members Absent:
Reba S. McClanan
A t 7 1 8
- 23 -
Item IV-J.2.
RESOLUTIONS ITEM # 31590 (Continued)
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
DEFERRED until the City Council Meeting of August 21, 1989:
Resolution requesting the Commonwealth
Transportation Board and the Virginia Department of
Transportation cease the policy allowing tree
trimming on public right-of-way in front of
billboards.
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. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
Reba S. McClanan
Au ust 7, 1989
- 24 -
Item IV-J.3.
RESOLUTIONS ITEM # 31591
Upon motion by Councilman lieischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution requesting the Virginia Board of Game
and Inland Fisheries approve certain special
regulations applicable to the waters of the City of
Virginia Beach.
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, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
August 7, 1989
PROVED AS TO
D'PARTI,AF'JI
APPROVED AS TO L@EGA12
RNEY
A RESOLUTION REQUESTING THE VIRGINIA BOARD OF
GAME AND INLAND FISHERIES TO APPROVE THE
CERTAIN SPECIAL REGULATIONS APPLICABLE TO THE
WATERS OF THE CITY OF VIRGINIA BEACH
WHEREAS, the Virginia Beach Recreational/Commercial Water
Use Committee in its report to the City Manager has recommended
that certain regulations be adopted pertaining to traffic on the
City waterways;
WHEREAS, it is deemed desirable to enact certain of these
regulations;
WHEREAS, the Code of Virginia provides that the Board of
Game and Inland Fisheries may, at the request of any municipal
government, adopt regulations pertaining to the use of waterways;
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Board of Game and Inland Fisheries is hereby
requested to adopt the following Special Regulation:
Waters of Virginia Beach.
A. A throughway channel is established from Birdneck Point
through Linkhorn Bay, the Narrows and Broad Bay to the mouth of
Old Long Creek. The channel will be clearly designated by
appropriate channel markers approved by the Department.
B. This throughway channel will be used expressly for
traversing the waters in which it is located. Such activities as
fishing, crabbing, anchoring, water skiing, windsurfing, and
maneuvering of personal watercraft are prohibited and all cross
traffic shall give way to vessels in transit in the channel.
Adoptcd this 7th day of August 1989, by the Council of
the City of Virginia Beach, Virginia.
WEB/dga
7 / 2 5 / 8 9
7 /27/ 8 9
- 25 -
Item IV-K.
CONSENT AGENDA ITEM # 31592
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13 and 14 of the
CONSENT AGENDA.
Items IV-K.4 and IV-K.12 were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 26 -
Item IV-K. 1
CONSENT AGENDA ITEM # 31593
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resolution referring to the Planning Commission a
proposed amendment to Section 106 of the City
Zoning Ordinance re Rehearings of variance
applications.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
August 7, 1989
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION A PROPOSED AMENDMENT TO SECTION 106
3 OF THE CITY ZONING ORDINANCE, PERTAINING TO
4 REHEARINGS OF VARIANCE APPLICATIONS
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That the attached proposed amendment to Section 106 of
8 the City Zoning Ordinance, pertaining to rehearings of variance
9 applications, is hereby referred to the Planning Commission for its
10 consideration and recommendation. The Planning Commission is
11 hereby requested to transmit its recommendation to the City Council
12 within sixty (60) days of the date of this Resolution.
13 Adopted by the City Council of the City of Virginia Beach,
14 Virginia, on the 7 day of Aupust 1989.
15 WMM/dhh
16 07/21/89
17 CA-89-3360
18 \ordin\noncode\bza.res
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 106 OF THE CITY ZONING
3 ORDINANCE, PERTAINING TO REHEARINGS
4 OF VARIANCE APPLICATIONS
5 BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 106 of the City Zoning Ordinance be, and hereby
8 is, amended and reordained, and shall read as follows:
9 Section 106. Appeals and variances.
10 (a) The board of zoning appeals shall hear and decide
11 appeals from any order, requirement, decision, or determination
12 made by in- r- an administrative officer in the
13 administration or enforcement of this ordinance fts set forth
14 sectiong 3:5. @-497, eode of- Virg.n.a, 1-950, as
15 aine-n In addition thereto, the board shall liave such other
16 powers and duties as are set forth iii section 15.1-495 of the Code
17 of Virginia; provided, however, that the board shall have no
18 authority to hear and decide applications for conditional use
19 permits.
20 (b) The membership, organization, powers, d -T and
21 procedures of the board of zoning appeals shall be as set forth in
22 sections 15.1-494 through 15.1-497 of the Code of Virginia, 1950,
23 as amended. In the event the board denies an a2plication for a
24 variance, substantially the same application shall not be
25 considered by the board for a period of one year from the date of
26 denial.
27 (c) Every app@ application to the board of zoning appeals
28 sliall be accompanied by a fee of one hundred dollars ($100.00),
29 which shall be applied to the costs of advertising and expenses
30 incidental to @@w-i-ng, p@i@@ the
31 processing of tlie application.
32 (d) Iii regard to article 12 and the National Flood Insurance
33 Program, variances should only be issued for new construction and
34 substantial improvements to be erected on a lot of one-half (1/2)
3 5 acre or less in size contiguous to and surrounded by lots with
36 existing structures constructed below the base flood level, in
37 conformance with the procedures below:
38 (1) Variances shall only be issued upon a showing of good
39 and sufficient cause, a determination that failure to
40 grant the variance would result in exceptional hardship
41 to the applicant, and a determination that the granting
42 of a variance will not result in increased flood
43 heights, additional threats to public safety,
44 extraordinary public expense, create nuisances, cause
45 fraud on or victimization of the public, or conflict
46 with existing local laws or ordinances.
47 (2) Variances shall only be issued upon a determination that
48 the variance is the minimum necessary, considering the
49 flood hazard, to afford relief.
50 (3) The City of Virginia Beach shall notify the applicant in
51 writing over the signature of a city oeficial that the
52 issuance of a variance to construct a structure below
53 the base flood level will result in increased premium
54 rates for flood insurance up to amounts as high as
55 twenty-five dollars ($25.00) per one hundred dollars
56 ($100.00) of insurance coverage, and such construction
57 below the base flood level increases risks to life and
58 property. Such notification shall be maintained with a
59 record of all variance actions as required in paragraph
60 (4) below.
61 (4) The City of Virgiiiia Beacii shall inaintain a record of
62 all variance actions, iiicluding justification for their
63 issuance, and report such variances issued in its annual
64 report submitted to the administrator.
65 Adopted by tlie City Council of the City of Virginia Beach,
66 Virginia, on the day of 1989.
67 Wmm/dhh
68 07/21/89
69 CA-89-3361
70 \ordin\proposed\0106czo.pro
2
- 27 -
Item IV-K. 2
CONSENT AGENDA ITEM # 31594
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-425 of
the Code of the City of Virginia Beach, Virginia,
re background investigations of applicants for
certification; false representation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO AMEND AND REORDAIN
AS TO LEGAL SECTION 2-425 OF THE CODE OF THE
[@C:Y AND FOPM CITY OF VIRGINIA BEACH, VIRGINIA,
PTRTAINING TO BACKGROUND
VESTIGATIONS OF AP@LICANTS FOR
RTIFICATION; FALSE REPRESENTATION
C@l ARNEY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-425 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 2-425. Background investigations of applicants for
certification
certification unlawful.
8
9 (a) In order to determine if any past criminal conduct
0 or motor vehicle driving record of any applicant for
1 certification by the director of emergency medical services would
2 be compatible with the nattire of the position under
3 consideration, the following procedure shall be followed:
4 (1) Each such applicant shall furnish a classifiable set of
5 fingerprints to the department of police.
6 (2) The chief of police and members of the department of
7 police acting in his name and the director of emergency
8 medical services or an investigator designated by the
9 director within the division of emergency medical
0 services, are authorized to conduct a field
1 investigation and directed to conduct criminal record
2 checks on each such applicant.
3 (3) The chief of police or a member of the police
4 department acting on his behalf, or an investigator
5 designated by the director of emergency medical
6 services within the d.ivision of emergency medical
7 services, shall prepare a factual summary of the
8 background investigation and criminal records check of
9 each applicant and transmit such siimmary to the
0 director of emergency medical services for the purpose
1 of determining the fitness of the applicant.
2 (4) Background investigation and records checks include
3 records of all arrests and dispositions as an adult.
4 Records of arrests and dispositions, while an applicant
5 was considered a juvenile, shall be transmitted only
6 when aiithorized by a court order, court rule, court
7 decision, federal, regulation or state statute
8 authorizing such di.ssemination.
9 (5) Criminal history records and information shall include
0 arrest and disposition data on file in the national
1 crime information center, the federal bureau of
2 investigation, the department of defense, the
3 department of motor vehicles, and all other federal,
4 state and local law enforcement agencies.
5 (6) Any applicant who is denied certification on the basis
6 of the investigation summary referred to in this
7 section may inspect that summary for the purpose of
8 clarifying, explaining or denying the accilracy of its
9 contents.
0 (7) The chief of police and members of the police
1 department shall make no other dissemi.nation to the
2 director of emergency medical services regarding the
3 fitness of applicants, except in the official summary
4 report referred to in this section.
5 (8) Use of criminal history record information disseminated
6 to the director of emergency medical services shall be
7 limited to the purpose for which it was given and may
8 not be disseminated further.
9 -(b) It shall be unlawful and a Class 1 misdemeanor for any
0 person not appropriatelv certified by the director of emer c
1 medical services to represent himself to be a certified emergency
2 medical care attendant, or while wearing any uniform or i.nsignia
3 resembling that of an emergency medical care attendant, to
4 perform any act or function of patient ca.re which is regulated by
2
5 the division of emeraencv medical services; Drovided that this
6 section shall not render unlawful the providing of emergencv care
7 or assistance as set forth in Virginia Code section 8.01-225.
8
9 Adopted by the Council of the City of Virginia Beach,
0 Virginia, on the 7th day of August 1989.
1
2 WEB/epm/lmt
3 04 / 2 1/8 9
4 05/12/89
5 6/2 3 / 8 9
6 CA-03284
7 \ordin\proposed\02-425.pro
3
- 28 -
Item IV-K.3
CONSENT AGENDA ITEM # 31595
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-338 of
the Code of the City of Virginia Beach, Virginia,
re chemical testing for blood alcohol content.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
August 7, 1989
APPRO'
APPROvED AS TO LEG,&,L
1 E TO AMEND AND REORDAIN
2 SECTION 21-338 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CHEMICAL TESTING FOR
5 BLOOD ALCOHOL CONTENT
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Section 21-338 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Section 21-338. Chemical test to determine alcoholic/drug
12 content of blood.
13 (A) As used in this section, "license" means any
14 driver's license, temporary driver's license or instruction permit
15 authorizing the operation of a motor vehicle upon the highways.
16 The term "Division," as used in this section, means the State
17 Division of Consolidated Laboratory Services.
18 (B) Any person, whether licensed by the state or not,
19 who operates a motor vehicle in this city shall be deemed thereby,
20 as a condition of such operation, to have consented to have a
21 sample of his blood or breath or both blood and breath taken for
22 a chemical test to determine the alcoholic or drug or both
23 alcoholic and drug content of his blood, if such person is
24 arrested for a violation of section 21-336, within (2) hours of
25 the alleged offense.
26 (C) Any person so arrested shall elect to have either
27 the blood or breath sample taken, but not both. If either the
28 blood test or the breath test is not available, then the available
29 test shall be taken. However, it shall not be a matter of defense
30 if the blood test or the breath test is not available. In
31 addition, if the accused elects a breath test, he shall be
32 entitled, upon request, to observe the process of analysis and to
33 see the blood-alcohol reading on the equipment used to perform the
34 breath test. If such equipment automatically produces a written
35 printout of the breath test result, this written printout, or a
36 copy thereof, shall be given to the accused in each case.
37 (D) A person, after being arrested for driving under
38 the influence of any drug or combination of drugs or the combined
39 influence of alcohol and any drug or drugs, may be required to
40 submit to tests to determine the alcoholic or drug or both
41 alcoholic and drug content of his blood. If a person, after being
42 arrested for any violation of section 21-336, chooses to submit to
43 a breath test in accordance with subsection C. of this section,
44 that person may also be required to submit to tests to determine
45 the drug content of his blood if the law-enforcement officer has
46 reasonable cause to believe the person was driving under the
47 influence of any drug or combination of drugs or the combined
48 influence of alcohol and drugs.
49 (E) If a person, after being arrested for a violation
50 of section 21-336 and after having been advised by the arresting
51 officer that a person who operates a motor vehicle upon a public
52 highway in this city shall be deemed thereby, as a condition of
53 such operation, to have consented to have samples of his blood or
54 breath taken for chemical tests to determine the alcoholic or
55 drug or both alcoholic and drug content of his blood, and that the
56 unreasonable refusal to do so constitutes grounds for the
57 revocation of the privilege of operating a motor vehicle upon the
58 highways of this city, then refuses to permit the taking of
59 samples of his blood or @reath or both blood and breath for such
60 test, the arresting officer shall take the person arrested before
61 a committing magistrate. If he again so refuses after having been
62 further advised by such magistrate of the law requiring blood or
63 breath or both blood and breath tests to be taken and the penalty
64 for refusal, and so declares again his refusal in writing, upon a
65 form provided by the division, or refuses or fails to so declare
66 in writing and such fact is certified as prescribed in subsection
67 P. of this section, then no blood or breath sample shall be taken
68 even though he may thereafter request same.
2
69 (F) Only a physician, registered professional nurse,
70 graduate laboratory technician or a technician or nurse designated
71 by order of a circuit court acting upon the recommendati,n of a
72 licensed physician, using soap and water to cleanse the part of
73 the body from which the blood is taken and using instruments
74 sterilized by the accepted steam sterilizer or some Other
75 sterilizer which will not affect the accuracy of the test, or
76 using chemically clean sterile disposable syringes, shall withdraw
77 blood for the purpose of determining the alcoholic or drug or both
78 alcoholic and drug content thereof. It shall be unlawful for any
79 person to reuse single-use only needles or syringes. Any person
80 convicted of reusing single-use only needles or syringes shall be
81 guilty of a Class 3 misdemeanor. No civil liability shall attach
82 to any person authorized to withdraw blood as provided herein as
83 a result of the act of withdrawing blood from any person
84 submitting thereto, provided the blood was withdrawn according to
85 recognized medical procedures. The foregoing shall not relieve
86 any such person from liability for negligence in the withdrawing
87 of any blood sample.
88 (G) Adequate portions of the blood sample so withdrawn
89 shall be placed in vials provided by the Division, which vials
90 shall be sealed and labeled by the person taking the sample or at
91 his direction, showing on each the name of the accused, the name
92 of the person taking the blood sample and the date and time the
93 blood sample was taken. The vials shall be divided between two
94 (2) containers provided by the Division, which containers shall be
95 sealed so as not to allow tempering with the vials. The
96 arresting or accompanying officer shall take possession of the two
97 (2) containers holding the vials as soon as the vials are placed
98 in such containers and sealed, and shall transport or mail one of
99 the containers forthwith to the Division. The officer taking
00 possession of the other container (hereinafter referred to as
01 second container) shall, immediately after taking possession of
02 the second container, give to the accused a form provided by the
03 Division which shall set forth the procedure to obtain an
3
104 independent analysis of the blood in the second container, and a
105 list of those laboratories, approved by the Division, and their
106 addresses. Such form shall contain a space for the accused or his
107 counsel to direct the officer possessing such second container to
108 forward that container to such approved laboratory for analysis,
109 if desired. The officer having the second container, after
110 delivery of the form referred to in the preceding sentence (unless
ill at that time directed by the accused in writing on the form to
112 forward the second container to an approved laboratory of the
113 accused's choice, in which event the Officer shall do so), shall
114 deliver the second container to the chief of police or his duly
115 authorized representative. The chief of police or his
116 representative upon receiving same shall keep it in his possession
117 for a period of seventy-two (72) hours, during which time the
118 accused or his counsel may, in writing, on the form provided for
119 hereinabove, direct the chief of police to mail such second
120 container to the laboratory of the accused's choice chosen from
121 the approved list.
122 (H) The testing of the contents C)f the second container
123 shall be made in the same manner as hereafter set forth concerning
124 the procedure to be followed by the Division, and all procedures
125 established herein for transmittal, testing and admission of the
126 result in the trial of the case shall be the same as for the
127 sample sent to the Division, provided that an analysis of the
28 second blood sample to determine the presence of a drug or drugs
29 shall not be performed unless an analysis of the first blood
30 sample by the Division has indicated the presence of drugs.
31 (I) A fee not to exceed twenty-five dollars ($25.00)
32 shall be allowed the approved laboratory for making the analysis
33 of the second blood sample, which fee shall be paid out of the
34 appropriation for criminal charges. A fee not to exceed the
35 amount established on a schedule of fees to be published by the
36 Division for the required procedure or procedures shall be allowed
37 the approved laboratory for making an analysis of the second blood
38 sample to determine the presence of a drug or drugs, which fee
4
139 shall be paid out of the appropriation for criminal charges. if
140 the person whose blood sample was withdrawn is subsequently
141 convicted for violation of section 21-336,
142 eeffmen%eealth fer tegting the bleed sa
143 ef- the eests
144 genera- (i) the fee paid bv the
145 commonwealth to the laboratorv for testinq the second blood sample
146 and (ii) a fee of twentv-five dollars ($25.00) for testinq the
147 blood sample bv the Division shall be taxed as part of the costs
148 of the criminal case and shall be paid into the qeneral fund of
149 the state treasurv.
150 (i) If the chief of police is not directed, as provided
151 in this section, to mail the second container within seventy-two
152 (72) hours after receiving such container, he shall destroy such
153 container.
154 (K) Upon receipt of the blood sample forwarded to the
155 Division for analysis, the Division shall cause it to be examined
156 for alcoholic or drug or both alcoholic and drug content and the
157 director of the Division or his designated representative shall
158 execute a certificate which shall indicate the name of the
159 accused, the date, time and by whom the blood sample was received
160 and examined, a statement that the seal on the vial had not been
161 broken or otherwise tampered with, a statement that the container
162 was one provided by the Division and a statement of the alcoholic
163 or drug or both alcoholic and drug content of the sample. The
164 certificate shall accompany the vial from which the blood sample
65 examined was taken and shall be returned to the clerk of the court
66 in which the charge will be heard. The blood sample shall be
67 destroyed after completion of the analysis by the Division. A
68 similar certificate shall accompany the vial forwarded by the
69 independent laboratory which analyzes the second blood sample on
70 behalf of the accused, and shall be returned to the clerk of the
71 court in which the charge will be heard. The blood sample shall
72 be destroyed after completion of the analysis by the independent
73 laboratory. on motion of the accused, such certificate shall be
5
174 admissible in evidence when attested by the pathologist or by the
175 supervisor of the laboratory approved by the Division.
176 (L) When any blood sample taken in accordance with the
177 provisions of this section is forwarded for analysis to the
178 Division, a report of the results of such analysis shall be made
179 and filed in that office. Upon proper identification of the vial
180 into which the blood sample was placed, the certificate, as
181 provided for in this section, shall, when duly attested by the
182 director of the Division or his designated representative, be
183 admissible in any court, in any criminal or civil proceeding, as
184 evidence of the facts therein stated and of the results of such
185 analysis.
186 (M) Upon the request of the person whose blood or
187 breath or both blood and breath sample was taken for chemical
188 tests to determine the alcoholic or drug or both alcoholic and
189 drug content of his blood, the results of such test or tests shall
190 be made available to him.
191 (N) A fee not exceeding ten dollars ($19.00) twenty-
192 five dollars ($25.00) shall be allowed the person withdrawing a
193 blood sample in accordance with this section, which fee shall be
194 paid out of the appropriation for criminal charges. If the person
195 whose blood sample was withdrawn is subsequently convicted for a
196 violation of section 21-336, or is placed under the purview of a
197 probational, educational or rehabilitational program, as set forth
198 in section 18.2-271.1 of the Code of Virginia, the amount charged
199 by the person withdrawing the sample shall be taxed as part of the
200 costs of the criminal case and shall be paid into the general fund
201 of the state treasury.
202 (0) in any trial for a violation of section 21-336,
203 this section shall not otherwise limit the introduction of any
204 relevant evidence bearing upon any question at issue before the
205 court, and the court shall, regardless of the result of the blood
206 or breath test or tests, if any, consider such other relevant
07 evidence of the condition of the accused as shall be admissible in
08 evidence. If the results of such a blood test indicate the
6
209 presence of a drug or drugs other than alcohol, the test results
210 shall be admissible only if other competent evidence has been
211 presented to relate the presence of drug or drugs to the
212 impairment of the accused's ability to drive or operate any motor
213 vehicle, engine or train safely. The failure of an accused to
214 permit a sample of his blood or breath to be taken for a chemical
215 test to determine the alcoholic or drug content of his blood is
216 not evidence and shall not be subject to comment by the
217 prosecution at the trial of the case, except in rebuttal; nor
218 shall the fact that a blood or breath test had been offered the
219 accused be evidence or the subject of comment by the prosecution,
220 except in rebuttal.
221 (P) The form referred to in subsection (E.) of this
222 section shall contain a brief statement of the law requiring the
223 taking of blood or breath or both blood and breath samples and
224 the penalty for refusal, a declaration of refusal and lines for
225 the signature of the person from whom the blood or breath or both
226 blood and breath sample is sought, the date and the signature of
227 a witness to the signing. If such person refuses or fails to
228 execute such declaration, the committing justice, clerk or
229 assistant clerk shall certify such fact, and that the committing
230 justice, clerk or assistant clerk advised the person arrested that
231 such refusal or failure, if found to be unreasonable, constitutes
232 grounds for the revocation of such person's license to drive. The
233 committing or issuing justice, clerk or assistant clerk shall
234 forthwith issue a warrant charging the person refusing to take the
235 test to determine the alcoholic or drug or both alcoholic and drug
236 content of his blood with violation of this section. The warrant
237 shall be executed in the same manner as criminal warrants. Venue
238 for the trial of the warrant shall lie in the court of the city in
239 which the offense of driving under the influence of intoxicants is
240 to be tried.
241 (Q) The executed declaration of refusal or the
242 certificate of the committing justice, as the case may be, shall
243 be attached to the warrant and shall be forwarded by the
7
244 committing justice, clerk or assistant clerk to the court in which
245 the offense of driving under the influence of intoxicants shall be
246 tried.
247 (R) When the court receives the declaration of refusal
248 or certificate referred to in subsection (Q.) of this section,
249 together with the warrant charging the defendant with refusing to
250 submit to having a sample of his blood or breath or both blood and
251 breath taken for the determination of the alcoholic or drug or
252 both alcoholic and drug content of his blood, the court shall fix
253 a date for the trial of such warrant, at such time as the court
254 shall designate, but subsequent to the defendant's criminal trial
255 for driving under the influence of intoxicants. Upon request, the
256 defendant shall be granted a trial by jury on appeal to the
257 circuit court.
258 (S) The declaration of refusal or certificate under
259 subsection (Q.), as the case may be, shall be prima facie evidence
260 that the defendant refused to submit to the taking of a sample of
261 his blood or breath or both blood and breath to determine the
262 alcoholic or drug or both alcoholic and drug content of his blood
263 as provided hereinabove. However, this shall not be deemed to
264 prohibit the defendant from introducing, on his behalf, evidence
265 of the basis for his refusal to submit to the taking of a sample
266 of his blood or breath or both blood and breath to determine the
267 alcoholic or drug or both alcoholic and drug content of his blood.
268 The court shall determine the reasonableness of such refusal.
269 (T) If the court or jury finds the defendant guilty as
270 charged in the warrant issued under this section, the court shall
271 suspend the defendant's license for a period of six (6) months for
272 a first offense and for one year for a second or subsequent
273 offense or refusal within one year of the first or other such
274 refusals. The time shall be computed as follows: The date of the
275 first offense and the date of the second or subsequent offense;
276 however, if the defendant pleads guilty to a violation of section
277 21-336, the court may dismiss the warrant.
8
278 (U) The court shall forward the defendant's license to
279 the Commissioner of the Department of Motor Vehicles of Virginia
280 as in other cases of similar nature for suspension of license,
281 unless the defendant appeals his conviction. In such case the
282 court shall return the license to the defendant upon his appeal
283 being perfected.
284 (V) The procedure for appeal and trial shall be the
285 same as provided by law for misdemeanors; if requested by either
286 party, trial by jury shall be as provided in article 4 of chapter
287 15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia,
288 and the city shall be required to prove its case beyond a
289 reasonable doubt.
290 (W) No person arrested for a violation of section 21-
291 336 shall be required to execute, in favor of any person or
292 corporation, a waiver or release of liability in connection with
293 the withdrawal of blood and as a condition precedent to the
294 withdrawal of blood as provided for herein.
295 (X) The court or the jury trying the case shall
296 determine the innocence or the guilt of the defendant from all the
297 evidence concerning his condition at the time of the alleged
298 offense.
299 (Y) Chemical analysis of a person's breath, to be
300 considered valid under the provisions of this section, shall be
301 performed by an individual possessing a valid license from the
302 Division to conduct such tests, with a type of equipment and in
303 accordance with the methods approved by the Division. Such
304 breath-testing equipment shall be tested for its accuracy by the
305 Division at least once every six (6) months. Any individual
306 conducting a breath test under the provisions of this section and
307 as authorized by the Division shall issue a certificate, which
308 will indicate that the test was conducted in accordance with the
309 Division's specifications, the equipment on which the breath test
310 was conducted has been tested within the past six (6) months and
311 has been found to be accurate, the name of the accused, the date,
312 the time the sample was taken from the accused, the alcoholic
9
313 content of the sample and by whom the sample was examined. Such
314 certificate, when duly attested by the authorized individual
315 conducting the breath test, shall be admissible in any court in
316 any criminal or civil proceeding as evidence of the facts therein
317 stated and of the results of such analysis. Any such certificate
318 of analysis purporting to be signed by a person authorized by the
319 Division shall be admissible in evidence without proof of seal or
320 signature of the person whose name is signed to it. The officer
321 making the arrest, or anyone with him at the time of the arrest,
322 or anyone participating in the arrest of the accused, if otherwise
323 qualified to conduct such test as provided by this section, may
324 make the breath test or analyze the results thereof. A copy of
325 such certificate shall be forthwith delivered to the accused.
326 (Z) The steps set forth in this section relating to the
327 taking, handling, identification and disposition of blood or
328 breath samples are procedural in nature and not substantive.
329 Substantial compliance therewith shall be deemed to be sufficient.
330 Failure to comply with any one or more of such steps or portions
331 thereof, or a variance in the results of the two (2) blood tests,
332 shall not, of itself, be ground for finding the defendant not
333 guilty, but shall go the weight of the evidence and shall be
334 considered as set forth above with all the evidence in the case,
335 provided that the defendant shall have the right to introduce
336 evidence on his own behalf to show noncompliance with the
337 aforesaid procedure or any part thereof, and that, as a result,
338 his rights were prejudiced.
339 Adopted by the Council of the City of Virginia Beach,
340 Virginia, on the - 7th day of August 1989.
341 WEB/lmt
342 07/20/89
343 CA-03409
344 \ordin\proposed\21-338.pro
10
- 29 -
Item IV-K.4
CONSENT AGENDA ITEM # 31596
Assistant City Attorney William Byman responded to City Council's inquires.
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to ADOPT,
AS AMENDED, an Ordinance to AMEND and REORDAIN Section 21-424 of the Code of
the City of Virginia Beach, Virginia, re the release of a vehicle to its owner
or custodian prior to towing.
Lines 20 to 22, previously stuck from the Amendment shall be reinstated:
"...vehicle has been hooked up or is in the process of being hooked up, the tow
truck operator may charge a fee not to exceed fifteen dollars ($15.00) to
release the vehicle.'f
Lines 22 through 28 ADDED shall be eliminated:
"..tow truck has been physically positioned to effect the tow, the tow truck
operator may charge a fee not to exceed fifteen dollars ($15.00) before
releasing the vehicle or discontinuing the towing process. If the owner or
custodian is unable or unwilling to pay this fee and the vehicle is
subsequently towed, no fee in excess of twenty-five dollars ($25.00) shall be
charged for the tow."
Lines 28 through 31 ADDED shall remain:
"The tow truck operator shall permit an owner or custodian who returns to his
vehicle under these circumstances to remove personal items from the vehicle
prior to its being towed."
"Each Tow Truck Operator shall have in their possession a copy of this
Ordinance."
Councilman Moss WITHDREW his MOTION.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Meeting of August 21, 1989:
Ordinance to AMEND and REORDAIN Section 21-424 of
the Code of the City of Virginia Beach, Virginia,
re the release of a vehicle to its owner or
custodian prior to towing.
The Ordinance shall be DEFERRED for an explanation accompanied by a graphic
presentation indicating the definition of "physically positioned".
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, Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan
- 30 -
Item IV-K.5
CONSENT AGENDA ITEM # 31597
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $129,994 to the Department
of Mental Health/Mental Retardation and Substance
Abuse for enhancements to Departmental operations.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Au ust 7 1989
1 AN ORDINANCE TO APPROPRIATE $129,994 TO
2 THE DEPARTMENT OF MENTAL HEALTH/MENTAL
3 RETARDATION AND SUBSTANCE ABUSE FOR
4 ENHANCEMENTS TO DEPARTMENTAL OPERATIONS
5
6
7 WHEREAS, the state Department of Mental Health, Mental R6tardation and
8 Substance Abuse Services has provided maintenance funds for operation of the City
9 of Virginia Beach Departinent of Mental Health/ Mental Retardation/ and Substance
10 Abuse in excess of those budgeted in the Approved City of Virginia Beach FY 89-
11 90 Operating Budget;
12 WHEREAS, the state Department of Mental Ifealth, Mental Retardation and
13 Substance Abuse has also made available additional funds for intravenous drug
14 abuse treatment and substance abuse prevention;
15 WIIEREAS, these additional funds from the state require no additional local
16 matching funds;
17 WHEREAS, the Virginia Beach Community Services Board has recommended that
is these additional funds be used to add four (4) additional full time permanent
19 positions for program enhancements and support and for expanded computer support;
20 NOW THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA:
22 That funds in the amount of $129,994 be appropriated to the Mental Ilealth/
23 Mental Retardation and Substance Abuse Fund for FY 89-90 and that revenue from
24 the Commonwealth be increased by $129,994 and that four (4.0) additional full
25 time permanent positions be authorized for program enhancements.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the,-L& 7th
27 day of ZTya-ly)ixIVSV)i August, 1989.
28
29 First Reading y 10, 1989
30 Second Reading August 7, 1989
31
32
33
34 APPPOVED AS TO CONTENTS'
@ll,@,14ATIJRE
r)EPART)1/2@ENT
A',IPROVED AS TO LEGAL
CU'7FICIENCY AND FOPM
[y
- 31 -
Item IV-K.6
CONSENT AGENDA ITEM # 31598
Upon motion by Vice imayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $133,000 to the Chesapeake
Beach Volunteer Rescue Squad for the purchase of a
heavy squad truck.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO APPROPRIATE $133,000 TO
2 THE CHESAPEAKE BEACH VOLUNTEER RESCUE SQUAD
3 FOR PURCHASE OF A HEAVY SQUAD TRUCK
4
5
6 WHEREAS, the city assists volunteer rescue squads in purchasing major
7 equipment through loans, grants, or direct purchases, depending on a squad's
8 ability to pay and
9
10 WHEREAS, the Chesapeake Beach Volunteer Rescue Squad has identified a need
11 for a heavy squad truck to enhance rescue and vehicular extrication capabilities
12 and has the ability to raise funds to pay for such equipment and
13
14 WHEREAS, the Chesapeake Beach Rescue Squad has requested from the city a
15 five year, non-interest bearing loan in the amount of $133,000 for purchase of
16 such equipment,
17
18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA that funds in the amount of $133,000 be appropriated by the City of
20 Virginia Beach from the General Fund Balance to the Chesapeake Beach Volunteer
21 Rescue Squad for the purchase of a heavy squad truck. It is anticipated that
22 these funds will be repaid on the following schedule:
23 September 1, 1990 $26,600
24 September 1, 1991 $26,600
25 September 1, 1992 $26,600
26 September 1, 1993 $26,600
27 September 1, 1994 S26,600
28 Total $133,000
29
30 This ordinance shall be effective from the date of its adoption.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on
33 the day of 1989.
34 AS TO
35 First Readin- August 7, 1989
36 Second Reading
37
38
- 32 -
Item IV-K.7
CONSENT AGENDA IT@l # 31599
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $100,000
Grant from the Commonwealth of Virginia for the
Virginia Beach Veterans' Memorial Committee to help
offset constructions costs of the Memorial.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Au ust 7 1 8
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $100,000 FROM THE STATE TO BE PAID
3 TO THE VIRGINIA BEACH VETERANS' MEMORIAL COMMITTEE
4 TO HELP OFFSET CONSTRUCTION COSTS OF THE MEMORIAL
5 WHEREAS, the City has applied for and received a $100,000 grant from
6 the State for construction of the Tidewater Veterans' Memorial;
7 WHEREAS, it is the intent of the General Assembly that the grant be
8 given to the Virginia Beach Veterans' Memorial Committee to help offset costs
9 incurred in the construction of the memorial;
10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That the grant in the amount of $100,000 from the State for the
13 construction of the Tidewater Veterans' Memorial be accepted and appropriated to
14 a contributions account for subsequent payment to the Virginia Beach Veterans'
15 Memorial Committee to help offset the construction cost of the Memorial.
16 BE IT FURTHER ORDAINED:
17 That the appropriations be offset by a like increase in estimated
18 revenues as a result of a grant from the State.
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 day of 1989.
22 First Reading: August 7, 1989
23 Second Reading:
- 33 -
Item IV-K.8
CONSENT AGENDA ITF2,1 # 31600
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $49,062 to Emergency
Medical Services for the purchase of an ambulance
for use by the Courthouse Volunteer Rescue Squad.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara t4. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
A 7 1
I AN ORDINANCE TO APPROPRIATE $49,062 TO
2 EMERGENCY MEDICAL SERVICES FOR PURCHASE OF AN AMBULANCE
3 FOR USE BY THE COURTHOUSE VOLUNTEER RESCUE SQUAD
4
5
6 WHEREAS, the city assists volunteer rescue squads in purchasing major
7 equipment through loans, grants, or direct purchases, depending on a squad's
8 ability to pay and
9
10 WHEREAS, the Courthouse Rescue Squad has a critical need for replacement
11 and upgrade of an ambulance and lacks resources to fully fund the purchase of
12 such equipment and
13
14 WHEREAS, the Courthouse Rescue Squad has $31,062 in available funds to
15 contribute towards the $49,062 purchase price of the needed ambulance and
16
17 WHEREAS, budgeted "One-for-Life" emergency rescue program revenue from the
18 state for FY 89-90 did not include projected increases due to implementation of
19 two year state vehicle registration and
20
21 WHEREAS, given the magnitude of the city contribution for this equipment
22 is such that the ambulance will, upon purchase, be a part of the city vehicle
23 fleet,
24
25 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
26 VIRGINIA that funds in the amount of $49,062 be appropriated by the City of
27 Virginia Beach to fund the purchase of an ambulance for use by the Courthouse
28 Rescue Squad, and that revenue from the state "One-for-Life" program be increased
29 by $18,000, and revenue from Donations from Volunteer Rescue Squads be increased
30 by $31,062.
31
32 This ordinance shall be effective from the date of its adoption.
33
34 Adopted by the Council of the City of Virg@ ka,@ Virginia_@n@-
35 the day of 1989.
36
August 7, 1989
37 First Reading
38 Second Reading
- 34 -
Item IV-K.9
CONSENT AGENDA ITEM # 31601
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $36,432 to the
Commonwealth's Attorney's Office for an additional
Attorney I Position to be funded by a $28,302
increase in estimated revenues and an $8,130
transfer from Reserves.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
August 7, 1989
1 AN ORDINANCE TO APPROPRIATE $36,432 TO THE COMMONWEALTH'S
2 ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I POSITION
3 TO BE FUNDED BY A $28,302 INCREASE IN ESTIMATED REVENUES
4 AND AN $8,130 TRANSFER FROM RESERVES
5 WHEREAS, the of f ice of the Commonwealth's Attorney has been granted
6 approval for an additional Attorney I position from the State Compensation Board
7 for FY89-90 to address the office's increasing caseload;
8 WHEREAS, the total cost for the position $36,432 including salary, fringe
9 benefits, furniture, and other operating support, and can be funded by $28,302
10 additional revenues in the form of reimbursements from the Commonwealth, and
11 $8,130 transferred from General Fund Reserve for Contingencies;
12 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH:
14 That an additional Attorney I position be approved and funds in the amount
15 of $36,432 be appropriated to the Commonwealth's Attorney's Office for FY89-90;
16 That estimated revenues from the Commonwealth in the form of reimbursements
17 be increased by $28,302;
18 That $8,130 be transferred from General Fund Reserve for Contingencies to
19 finance tbe balance of the necessary appropriations.
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of August, 1989.
22 This ordinance shall be in effect from the date of its adoption.
23 FIRST READING: August 7, 1989
24 SECOND READING: ,.pp,,,OVLD AS T@')
- 35 -
Item IV-K.10
CONSENT AGENDA ITEM # 31602
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE a $5,210 Grant from the
Virginia Council on the Environment to enable
access to State environmental data bases.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harpld Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Au ust 7 1989
1 AN ORDINANCE TO APPROPRIATE A $5,210 GRANT FROM
2 THE VIRGINIA COUNCIL ON THE ENVIRONMENT
3 TO ENABLE ACCESS TO STATE
4 ENVIRONMENTAL DATA BASES
5 WHEREAS, the City Council of Virginia Beach, Virginia has expressed
6 the desirability of establishing and maintaining an environmental data base to
7 assist staff in amending the City's Comprehensive Plan and administration of the
8 development review process;
9 WHEREAS, the City has applied for and received a grant in the amount
10 of $5,210 from the Virginia Council on the Environment to acquire geographic
11 information software to enable the City to access State environmental data bases;
12 WHEREAS, the City, as a condition of the grant, is required to
13 provide environmental information to the Virginia Council on the Enviroriment;
14 WHEREAS, there is no required funding match in order to receive this
15 grant.
16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18 That the $5,210 grant from the Virginia Council on the Envirorunent be
19 accepted and appropriated to the Department of Planning.
20 BE IT FURTHER ORDAINED:
21 That this appropriation be offset by a $5,210 increase in the
22 estimated revenue as a result of the grant from the Virginia Council on the Environ-
23 ment.
24 BE IT FURTHER ORDAINED:
25 That the City Manager be authorized to purchase appropriate geo-
26 graphic information software utilizing grant funds.
27 This ordinance shall be in effect from the date of its adoption.
28 Adopted by tbe Council of tbe City of VirginiA7B6a6h-i-5V.AXgliA@'@!---t'h'e",',
29 day of 1989.
30 FIRST READING: August 7, 1989
31 SECOND READING:
- 36 -
Item IV-K.11
CONSENT AGENDA ITEM # 31603
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to TRANSFER $70,000 to Project #2-021
Rural Road Improvements to promote efficiency and
improve safety on rural roads.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Au ust 7 1
1 AN ORDINANCE TO TRANSFER FUNDS IN TIIE AMOUNT
2 OF $70,000 TO PROJECT 2-021 RURAL ROAD IMPROVEMENTS
3 TO PROMOTE EFFICIENCY AND IMPROVE SAFETY ON RURAL ROADS
4 WHEREAS, the Capital Improvement Program includes project 2-021 Rural
5 Road Iinprovements to upgrade substandard rural roads in the city to improve
6 safety;
7 WHEREAS, based on a recently completed comprehensive study of rural
8 roadways in the city, tlie use of pavement markings, raised pavement markers, and
9 signs for various segments would result in more efficient roadways and improve
10 traffic safety;
11 WHEREAS, the cost for implementation of the recommended improvements is
12 estimated at $70,000;
13 WHEREAS, the needed amount may be obtained from project 2-836 Haygood
14 Road since this project is completed and has excess appropriations which may be
15 transferred for the above purpose.
16 NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACii, VIRGINIA;
18 That funds in the amount of $70,000 are hereby transferred from project
19 2-036 Haygood Road to project 2-021 Rural Road Improvements to promote efficiency
20 and improve safety on the city's rural roads.
21 This ordinance shall be in effect from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 7 day of August 1989.
- 37 -
Item TV-K.12
CONSENT AGENDA ITEM # 31604
James C. Harris, II, Staff Architect, advised the Media Center will be moved
from the First Floor of the Administration Building to the new facility. This
facility will allow more storage space for school supplies and renovation of
the Administration Building. To enable the opening of this facility by June
First and as the Virginia Beach School Board made public the reorganization
effective July First, the $90,000 overtime was necessitated .
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to TRANSFER $55,000 to Project #1-008
Media Center Facility/School Supply to allow
completion of the Project.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
Reba S. McClanan
The City Clerk referenced Councilman tioss's letter of March 30, 1989, which
pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife is a teacher with the Virginia Beach School System, he is
able to review, make recommendations and approve or deny a budget regarding the
School Board fairly, objectively and in the public interest. (Said letter is
hereby made a part of the proceedings.)
JOHN D. MOSS 4021 GLEN NOAD
COUNCILMAN VifIGINIA BRACIA. VinG[NIA 23452
KEMPSVILLE BOROUGH (004) 490-0318
March 30, 1988
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: School Board Budget
Dear Mrs. Smith:
Pursuant to Section 2.1-639.14E of the Code of Virginia,
Ann., I make the following declaration:
1. As a member of the city council of the City of Virginia
Beach, I have a duty and responsibility to thc citizcns of
Virginia Beach to review, make recommendations and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Intcrests Act prior to
taking any action on the School Board budget, I am disclosing
that my wife is a teacher in tlie Virginia Bcach school system;
and
3. My wife, as a tcacher in a profession, occupation and
group along with several hundred othcr tcachers, could possibly
be affected by City Council's vote on thc School Board budget;
and
4. I am able to review, make recommendations and approvc or
deny a budgct regarding the School Board fairly, objectively and
in the public interest even though my wife is one of many
teachers within the school system.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. Thank
you for your assistance and cooperation in this matter.
ours,
n
ncilmember
JDM/CJS/awi
cc: Paul A. Sciortino, Commonwealth Attorney
1 AN ORDINANCE TO TRANSFER FUNDS IN THE
2 AMOUNT OF $55,000 TO PROJECT 1-008 MEDIA
3 CENTER FACILITY/SCHOOL SUPPLY TO ALLOW
4 COMPLETION OF THE PROJECT
5 WHEREAS, the Capital Improvement Program includes project 1-008 Media
6 Center Facility/School Supply to provide adequate space for operations of Media
7 and Technology Services, Library Processing, and Textbooks;
8 WHEREAS, due to higher than anticipated construction bid prices,
9 additional funds in the amount of $55,000 will be needed for demolition of the
10 tennis courts and the payment of city fees for water and sewer utility services;
11 WHEREAS, the needed funds may be transferred from project 1-962 Parkway
12 Elementary School since the project is completed and has excess appropriations
13 which may be transferred to other projects.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That funds in tbe amount of $ 55,000 are hereby transferred from
17 project 1-962 Parkway Elementary School to project 1-008 Media Center Facility/
18 School Supply to allow completion of the project.
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, Virginia on the
21 7 day of August 1989.
APPROVED AS TO CONTENTS
- 38 -
Ttem IV-K.13
CONSENT AGENDA ITEM # 31605
Upon motion by Vice Nlayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to TRANSFER $36,340 from the General Fund
Reserve for Contingencies to the Department of
General Services for emergency roof repairs to the
Civic Center (DOME).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Au ust 7 1989
1 AN ORDINANCE TO TRANSFER $36,340 FROM THE GENERAL FUND
2 RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF GENERAL SERVICES
3 FOR EMERGENCY ROOF REPAIRS TO THE CIVIC CENTER
4 WHEREAS, The Virginia Beach Civic Center (Dome) iB an actively used
5 facility rented to various groups and organizations for special events;
6 WHEREAS, the roof of the Civic Center has begun leaking due to constant
7 expansion and contraction over the years, causing small sections of the
8 insulation to fall;
9 WHEREAS, it is estimated that $36,340 will be sufficient to perform
10 immediate emergency repairs to the deteriorated areas of the roof where the leaks
11 are occurring.
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA;
14 That funds in the amount of $36,340 be transferred from the General Fund
15 Reserve for Contingencies to the Department of General Services for the necessary
16 repairs to the Civic Center roof.
17 This ordinance shall be in effect from the date of its adoption.
18 Adopted by the Council of the City of Virginia Beach, Virginia, on the
19 Seventh day of August, 1989.
"k) CONTENTS
:Cy
y TTt@
,,n
ci ,%:,,,,:y
- 39 -
Ttem IV-K.14
CONSENT AGENDA ITEM # 31606
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance Authorizing Tax Refunds in the amount of
$6,862.18 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold lieischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
August 7, 1989
M NO. C.A. 7 7/17/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exoneri- D ate Penalty lnt. Total
Year of Tax - Number tion No. Paid
Crestar Mortgage Corp 89 RE(2/2) 125309-7 5/26/89 22.91
Republic Savings Bank 89 RE(1/2) 92867-3 11/14/88 77.32
Republic Savings Bank 89 RE(2/2) 92867-3 5/22/89 77.32
Pembroke Commercial Realty. 89 RE(1/2) 16182-0 12/5/88 816.50
Pembroke Commercial Realty 89 RE(2/2) 16182-0 6/5/89 816.50
J Warren & Margaret Littleton 89 RE(1/2) 65502-0 12/5/88 22.88
J Warren & Margaret Littleton 89 RE(2/2) 65502-0 6/5/89 22.88
Dean K &Lucille Polk 89 RE(2/2) 88980-3 6/30/89 31.54
Duval Federal S & L Assoc 89 RE(1/2) 28439-6 12/5/88 38.51
Decker & Kyrus 89 RE(2/2) 88745-9 6/5/89 450.34
John V & Catherine Commodore 89 RE(1/2) 22360-2 6/5/89 83.11
Robert K& Velma Thomas 89 RE(1/2) 110937-9 5/11/89 50.32
Northeast Savings 89 RE(1/2) 55202-4 11/29/88 39.50
Cenit Bank 88 RE(1/2) 53539-4 12/5/87 15.02
Cenit Bank 88 RE(2/2) 53539-4 6/5/88 15.02
Cenit Bank 87 RE(1/2) 51529-1 12/5/86 13.70
Cenit Bank 87 RE(2/2) 51529-1 6/5/87 13.70
Ronnie R&Cecilia Cason 89 RE(1/2) 18608-2 12/5/88 226.57
Ronnie R&Cecilia Cason 88 RE(1/2) 18027-6 12/5/87 217.17
Ronnie R&Cecilia Cason 88 RE(2/2) 18027-6 6/3/88 217.17
Ronnie R&Cecilia Cason 87 RE(1/2) 17511-2 12/5/86 192.10
Ronnie R&Cecilia Cason 87 RE(2/2) 17511-2 6/5/87 192.10
Ronnie R&Cecilia Cason 86 RE(1/2) 16565-0 12/5/85 192.10
Ronnie R&Cecilia Cason 86 RE(2/2) 16565-0 5/27/86 192.10
Carroll S & Cora Giles 89 RE(1/2) 40753-9 12/5/88 310.06
Carroll S & Cora Giles 88 RE(1/2) 39533-9 8/30/88 350.44
Carroll S& Cora Giles 88 RE(2/2) 39533-9 8/30/88 334.75
Carroll S& Cora Giles 87 RE(1/2) 38056-9 10/1/87 322.06
Carroll S& Cora Giles 87 RE(2/2) 38056-9 10/1/87 307.74
Total 5,661.43
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cert to paym(
$5,661.43 were approved by
the Council of the City of Virginia
Beach on the 7 day of Au ust 1989 -
John 0. Atkinson, Treasurer
- Approved as to form:
Ruth Hodges Smith
City Clerk
@ Kevi: nterim City Atty
NO. C.A. 7 7/ 18/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the TreaSLirer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax. Ntimber tion No. Paid
t First Fanancial 87 RE(2/2) 119513-4 6/5/87 6.00
me Savings 89 RE(1/2) 7860-8 12/5/88 118.40
e Savings 89 RE(2/2) 7860-8 6/5/89 118.40
me Federal S&L Assoc 88 RE(1/2) 7270-3 12/5/86 65.78
me Federal S&L Assoc 88 RE(2/2) 7270-3 6/5/88 65.78
e Federal S&L Assoc 87 RE(1/2) 6987-0 12/5/86 60.00
me Federal S&L Assoc 87 RE(2/2) 6987-0 6/5/87 60.00
lantic Permanent Savings 88 RE(1/2) 14556-4 12/4/87 171.72
lantic Permanent Savings 88 RE(2/2) 14556-4 6/5/88 171.72
rner G Marsh 89 RE(1/2) 68667-5 12/5/88 62.19
rner G Marsh 89 RE(2/2) 68667-5 5/24/89 62.19
rner G Marsh 88 RE(1/2) 66382-4 12/1/87 57.02
rner G Marsh 88 RE(2/2) 66382-4 6/5/88 57.02
rner G Marsh 87 RE(1/2) 63900-5 11/25/86 52.01
rner G Marsh 87 RE(2/2) 63900-5 6/4/87 52.01
bert E Vaughan N/A Pkng 262213 6/30/89 12.00
cille Polk 89 pp 148153-5 6/28/89 8.51
Total 1,200.75
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1,200.75 were approved by
the Council of the Citv of Virainia
Beach on the 7 day'of g""t.1989
Ap oved as to form:
Ruth Hodges Smith
City Clerk
rim City Attorney
- 40 -
Item IV-L.I.
UNFINISHED BUSINESS ITDI # 31607
MINORITY REPORT
TASK FORCE TO STUDY THE RECREATIONAL EQUI ORDINANCE
Stan Creekmore, Sales Representative, Slocomb Tndustries, Inc., Phone: 479-0749
Stan Creekmore, Committee Member, presented the MINORITY REPORT OF THE MAYOR'S
TASK F'ORCE TO STUDY THE RECREATIONAL EQUIPMENT ORDINANCE.
Mr. Creekmore cited the Minority's differing conclusions:
A tie vote does not carry with it the expression
that the current ordinance is fair.
The definition of a major recreational vehicle is
vague and open to wide interpretation.
Loading and unloading are a necessity.
A proposal to allow front driveway parking in R7.5
through R15 districts whenever current requirements
could not be met.
Mr. Creekmore cited statistics relative the granting of variances by the Board
of Zoning Appeals concerning Recreational Vehicles from 1975 to 1989.
The tax base of boats, boat trailers, campers and motor homes (not including
the large size Winnebago) is $850,000. This figure does not include the City
tags and licenses placed on said vehicles.
- 41 -
Item IV-@1.1.
NEW BUSINESS ITFYI # 31608
BY CONSENSUS, upon request of Vice Mayor Fentess, the following Resolution
(DENIED July 10, 1988) shall be RECONSIDERED at the City Council Meeting of
August 14, 1989.
Resolution to authorize Tidewater Transportation
District Commission to undertake a financial plan
for proposed Light Rail services for the U.S. Naval
Base extension.
- 42 -
Item IV-M.2.
NEW BUSINESS ITEM # 31609
ADD-ON
As per request of Councilman Baum, the City Manager will provide a SCHEDULE
relative the CHESAPEAKE BAY PRESERVATION ACT.
- 43 -
Item IV-M.3.
NEW BUSINESS ITEM # 31610
ADD-ON
Councilman Moss referenced the Meeting of the "TURN OF THE CENTURY STRATEGIC
PLANNING COMMITTEE" on Tuesday, August 1, 1989. As Councilman Moss was on
vacation in Florida, he missed this meeting.
Mr. Robert Smith, the Hampton Roads Chamber of Commerce - Virginia Beach
Council representative and Vice President of Signet Bank, plans to do a survey
of the approximately 1200 Chamber members.
Councilman Moss advised concerns of Council Members would be forwarded to the
Committee. Councilman Moss expressed appreciation for the comments of Mayor
Oberndorf, as well as Council Members Parker and Sessoms.
- 45 -
Item IV-N.
ADJOURNMENT ITE14 31612
Upon motion by Councilwoman Henley and BY CONSENSUS, City Council AD.JOURNED the
Meeting at 4:10 P.M.
Beve,l
Chief Deputy City Clerk
@uth Hodges- Smith, CMC Me@ye@. Obern
City Clerk Mayor
City of Virginia Beach
Virginia
- 43 -
Item IV-M.3.
NEW BUSINESS ITEM # 31610
ADD-ON
Councilman Moss referenced the Meeting of the "TURN OF THE CENTURY STRATEGIC
PLANNING COMMITTEE" on Tuesday, August 1, 1989. As Councilman Moss was on
vacation in Florida, he missed this meeting.
Mr. Robert Smith, the Hampton Roads Chamber of Commerce - Virginia Beach
Council representative and Vice President of Signet Bank, plans to do a survey
of the approximately 1200 Chamber members.
Councilman Moss advised concerns of Council Members would be forwarded to the
Committee. Councilman Moss expressed appreciation for the comments of Mayor
Oberndorf, as well as Council Members Parker and Sessopis.