HomeMy WebLinkAboutJULY 3, 1989
Cit,@ c)-f E3@et@"
"WORLD'S LARGEST RESORT CITY"
CITY COLTNCIL
-IOR MEYE- @. OMW@@. -1
VICF. MAY.@ ROBERT E.
11@ERT . @-., -.1@
10@N A, MU., --l@
UBI I --AN. P@@- A.., -.1@
NMII K -.,Al
I.- I IERRY, &,@
SE@O-@, JR,, 11 281 CITY HALL BUILDING
MUNICIPAL CENTFR
AUB-1 V --, JR. Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-@2
1 -. Cill "@ (80@l 121 4303
1-H Ii.-. -l-, CMC@-@, C", Cl@@
JULY 3, 1989
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 12:00 NOON
A. CITY COUNCIL CONCERNS
ITEM 11. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber 2:00 PM
A. INVOCATION: Reverend Ralph M. Halliwill
Bayside Baptist Churcli
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 26, 1989
F. PUBLIC COMMENT:
1. CERTIFICATE OF OCCUPANCY
G. PUBLIC HEARING:
1. PLANNING
a. Application of JAMES AND BARBARA CANDO for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots created by subdivision meet all requirements of the City
Zoning Ordinance, (4373 Southern Boulevard) (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
b. Application of HAZEL S. OLIVER for a Change of Zoning District
Classification from R-7.5 Residential District to B-2 Community
Business District on the North side of Haygood Road, 630 feet
more or less east of Crossborough Road, containing 39,204
square feet (BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of LITTLETON F. PARKS for a Change of Zoning
District Classification from R-40 Residential Dristrict to R-30
Te-sidential District on the North side of Wishart Point Court,
350 feet more or less East of Battle Royal Circle, containing
8.56 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of KEMPSVILLE BAPTIST CHURCH for a Conditional Use
Permit for a church, religious education building, additions
and renovations at the Northwest corner of Princess Anne and
Overland Road (5204 Princpss Anne Road), containing 7.03 acres
(KEMPSVILLE BOROUGH)
Recommendation: APPROVAL
e. Application of EASTERN SHORE CHAPEL Trustees for a Conditional
Use Permit for church additions on the North side of Laskin
Road, 150 feet Southwest of Bratten Avenue (2020 Laskin Road),
containing 8 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
f. Application of ROBERT W. WHITE, JR. for a Conditional Use
Permit for a single family dwelling in the AG-1 Agricultural
District on the North side of Seaboard Road, 1721 feet West of
Princess Anne Road, containing 5.69 acres (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
g. Application of THOMAS A. POTTER/JAPANESE AUTO MASTERS, INC. for
a Conditional Use Permit for an automotive repair facility on
the West side of STkes-Avenue, 830 feet South of Virginia Beach
Boulevard (129 Sykes Avenue), containing 16,000 square feet
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
h . Application of THE VI RGI NIA BEACH SCHOOL BOARD for a
Conditional Use Permit for a communication tower on the South
side of North Landing Road, @000 feet West of West Neck Road
(2925 Nortii Landing Road), containing 40 acres (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
i. Application of THE CONGREGATION OF HOPE LUTHERAN CHURCH for a
Conditional Use Permit for a church and related facilities on
the North side oT P-rovidence Road, 651 feet East of Balfor
Drive (5350 Providence Road) containing 5.25 acres, (KEMPSVILLE
BOROUG[i).
Recommendation: APPROVAL
j. Application of REED ASSOCIATES for a Change of Zoning District
Classification from R-15 Residential District to R-10
Residential District, containing 5.213 acres (BAYSIDE BOROUGH).
Parcel 1: Locatpd at the Northwest intersection of Reedtown
Road and Sir Jones Lane.
Parcel 2: Located at the Northeastern extremity of Reedtown
Road.
Parcel 3: Located on the West side of Reedtown Road at the
Intersection with Old Reedtown Road.
Parcel 4: Located on the South side of Old Reedtown Road at
the intersection with Reedtown Road.
Recommendation: APPROVAL
k. Application of WILLIAM W. CHANDLER and WILLIAM DRINKWATER for
a Change of Zoning District Classification from R-7.5
Residential D!5trict to A-12 Apartment Distri@t on Site F.
Linkhorn Park (3609 Holly Road), containing 10,672 square feet
(VIRGINIA BEACH BOROUGH).
Recommendation: DENIAL
1. Applica,@ion of 3 R & W, INC. for a Conditional Zoning
Classification from R-5D Residential Duple@District to A-18
Apartment District on the West side of Centerville Turnpike,
1400 feet more or less South of Kempsville Road, (2001, 2013
and 2023 Cen-@erville Turnpike), containing 11.-0 acres
(KEMPSVILLE BOROUGH).
Recommendation: DENIAL
m. AMEND and REORDAIN Ordinances of the City of Virginia Beach:
Article 1, Section 107(h) re: Conditional Zoning.
AND,
Article 2, Section 211 re: temporary signs.
H. ORDINANCES/RESOLUTION
1. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach re: CERTIFICATE OF OCCUPANCY:
a. ADDING Section 16-12, re: certain dwellings and dwelling units.
b. ADDING a new Section 16-12.1, rp: Certificates of Exemption
for certain dwellings.
c. Repealing Section 16-5 re: private agreements between owners
and occupants of prop @ y.
d. Section 16-11 re: vlolations of Chapter 16.
e. FIRST READING to APPROPRIATE $7,500 in additional revenue; and,
to TRANSFER $74,676 from the FY 1989-90 General Fund Resorve
for Contingencies to implement a Certificate of Occupancy
Program for rental units.
2. Ordinance to AMEND and REORDAIN Section 4-85, 4-86, 4-87, 4-87.1,
4-87.2, 4-88, 4-89, 4-90, 4-91, 4-92, 4-92.1, 4-92.2, 4-93 and 4-94
of the Code of the City of Virginia Beach, re: bingo games and
raffles.
3. Resolution authorizing the issuance of Minibonds of the City of
Virginia Beach, Virginia, in the maximum amount of $2,000,000 in
conjunction with the City's next regular General Obligation Bond
sale scheduled for the Fall of 1989.
1. 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. Ordinance to authorize the City Manager to apply for Share-Homeless
Intervention Funds.
2. Ordinance to TRANSFER funds frorn within the Department of Public
Work's FY 1988-89 Operating Budget:
a. $208,000 to the Division of Waste Managp-ment, Waste Disposal
(10311), due to Increased collections frorn residences and
commercial establishments.
b. $296,000 to the Division of Waste @nagement, Waste Collection
(10312) due to the Increased growth of vegetation and increased
services.
3. LOW BIDS:
a. Suburban Grading & Utilities, Inc. $1,472,420.00
Contract I - Broad Bay Colony
Sewer and Water Distribution Facilities
CIP 6-935
b. Crowder Contracting Company, Inc. $132,700.00
Contract 11 - Broad Bay Colony Pump Station
CIP 5-039
c. Utility Builders, Inc. $834,589.50
Contarct 11 - Great Neck Point
Distribution Facilities
CIP 6-942
d. Van de Riet Construction Cornpany, Inc. $232,861.00
Contract Ill - Great Neck Point Sewer Pump Stations
CIP 5-022
4. BINGO PERMIT:
TIDEWATER VOLLEYBALL ASSOCIATION
5. Ordinance authorizing tax refunds in the amount of $1,211.53.
J. APPOINTMENTS
ADVERTISING ADVISORY REVIEW COMMITTEE
BOARD OF BUILDING CODE APPEALS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
TIDEWATER REGIONAL GROUP HOME COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL RECESS
July 11 - 31, 1989
iap
7/3/89
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginla Beach, Virginia
July 3, 1989
The CITY COUNCIL CONCERNS SESSION of the VIRCINIA BEACH CITY COUNCIL was
called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall
on @ionday, July 3, 1989, at 12:00 NOON.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Absent:
Barbara M. Henley (ENTERED: 12:08 P.M.)
John L. Perry (ENTERED: 12:35 P.M.)
- 2 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITE24 # 31459
Councilman Moss referenced the meeting of the "TURN OF THE CENTURY STRATEGIC
PLANNING COMMITREE" on June 27, 1989, at 7:00 P.@l. at the Central Library.
Councilman Moss reiterated the various issues under consideration: (1)
Significantly reducing the ratio of students to the number of computers in the
School (2) Tnvestigating significant introduction of that type of technology
(Information Systems) into the School system (3) Increased advance courses (4)
Testing every year (5) Lengthening the School Day (6) Increased courses in
Elementary Schools, i.e., Foreign Languages.
The Plan ultimately ADOPTED will have some revenue enhancement tax increase
implications.
ITEM # 31460
Councilman Balko referenced the letter from Richard H. Powell, President -
Virginia Beach Christian Outreach Group relative the Shelter on Virginia Beach
Boulevard and North Birdneck Road (ADOPTED by City Council on October 10,
1988). Richard Powell is requesting the City waive certain fees on the hook-up
of water and sewer. Councilman Balko requested the City assist in this
particular matter.
Councilman Heischober referenced Ordinance to authorize the City Manager to
apply for Share-Homeless Intervention Funds (See Item V-I.1 of the CONSENT
AGENDA). Councilman Heischober inquired whether these funds could be utilized
in connection with Richard Powell's request.
The City Manager will investigate and advise City Council.
ITE@l # 31461
Vice Mayor Fentress referenced the real estate tax relief program for the
Elderly and Handicapped. Vice Mayor Fentress requested Patricia Phillips,
Director of Research and Strategic Analysis, BRIEF City Council relative the
various options at the City Council Meeting on July 10, 1989.
ITEM # 31462
Vice Mayor Fentress referenced the application of BACK BAY SPORTING CLAYS, INC.
for a Conditional Use Permit for a recreational facility of an outdoor nature
(clay pigeon shooting range) on the South side of Campbells Landing Road, 4752
feet more or less East of Morris Neck Road, containing 20 acres (PUNGO BOROUGH)
(ADOPTED by City Council on June 26, 1989).
Vice Mayor Fentress requested as the Conditional Use Permit was for a period of
one year, this application be returned to City Council for renewal and not
renewed administratively.
Mayor Oberndorf referenced the Memorandum from Linda Thieman Xenakis, an
adjacent resident, relative enforcement of these conditions. Kathleen Hassen,
Administrative Assistant for Citizen Affairs, will respond to Mrs. Xenakis'
concerns.
Councilwoman Parker inquired whether there was a noise level these residents
may have to tolerate. The City Manager will research and advise City Council.
Councilwoman Henley requested Acting City Attorney Kevin Cosgrove inquire of
the Commonwealth Attorney relative her role as the Borough Representative. If
the residents were to voice concerns at what point may she be involved or
because of her ABSTENTION, must she refer them to another Council Member.
Councilwoman Henley also inquired whether she could mention such items as
parking, access roads and signage as not being addressed in the application and
wliether she might have a role in co-ordinating these conditions.
- 3 -
C IT Y C 0 UN C I L C ON C E R N S
ITal # 31462 (Continued)
Councilwoman McClanan inquired whether a sign would be installed, as this was
not a Condition.
The City Manager advised when same is returned to City Council, a complete
record of all the complaints will accompany this application.
Councilwoman McClanan advised receipt of the total number of complaints since
1984 comprising approximately eight-two in the vicinity of this application.
ITEM # 31463
Councilman Moss advised his concerns relative an Advisory Referendum in
November relative Light Rail Transit as "Mass Transit" in Virginia Beach. This
will be discussed under UNFINISIIED BUSINESS during the Formal Agenda.
ITEM # 31464
Councilwoman Parker referenced the Ordinance to AMEND the Guidelines for not-
for-profit agencies receiving grant funds from the City of Virginia Beach and
to ESTABLISH a COMMUNITY ORGANIZATION INCENTIVE GRANT ALLOCATION REVIEW
COMISSION for allocation of funds to such agencies. This Ordinance was
DEFERRED INDEFINITELY on March 6, 1989. City Council had requested the
Ordinance be restructured similar to the Arts and Humanities Commission's
procedure of timing and submission for grant allocations.
The City Manger will prepare a BRIEFTNG relative same.
ITEM # 31465
Councilwoman Henley inquired relative the Ordinance concerning reimbursement of
City Council Expenses. The City Manager will advise.
ITEM 31466
Councilwoman Henley complimented the implementation of the ADOPT-A-HIGHWAY
Program.
ITEM 31467
The City Manager advised work was also commencing relative the Mayor's
suggestion of an ADOPT-A-BEACH Program. The Beach would be divided into mile
long segments sponsored by different organizations for clean-up.
Vice Mayor Fentress had questioned Robert Scott, Director of Planning, if the
City Zoning Ordinance could be AMENDED to not permit bus stations in strip
shopping centers. Robert Scott advised this change could be made and should be
initiated by the City Council. The particular shopping center on Laskin Road
includes Ocean Seafood, Western Union and Greyhound Bus Station. The Feeder
Lane is very narrow. The Buses stopping here to pick up passengers is a
nuisance to neighbors. The ground is saturated with oil and is a traffic hazard
as well. The City Manager will advise.
ITEM # 31468
Councilwoman lienley inquired whether North Landing Elementary has become a
permanent bus storage facility.
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 31469
Mayor Oberndorf referenced an anonymous petition, REMOVAL OF PARKING METERS,
from a Beach Borough Resident. This petition is to remove the new parking
meters at the Resort Strip. The rates have been doubled and the hours are
extended to 7:00 P.M. which is depicted as unfair.
Copies will be provided to all Members of City Council. (Copy of same is hereby
made a part of the record.)
ITEM # 31470
Mayor Oberndorf requested Acting City Attorney Kevin Cosgrove DRAFT an
Ordinance relating to Executives who leave the Professional Employment of the
City and designating an appropriate time for them to return to do business with
the various City Departments.
- 5 -
ITEM # 31471
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Obe rndorf in the Gonterence Room, Ci ty HAII Bui Idl ng, on
Monday, July 3, 1989, at 12:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, Nbyor
Meyera E. Oberndorf and William D. Sessorns, Jr.
Council Members Absent:
John L. Perry
- 6 -
ITEM # 31472
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of prospective candidates
for employment, appointment of specif ]c publ lc off Icers, appointees, or
employees pursuant to Section 2.1-344(A) (1). (a) Appointments for City
Council appointive bodies; and, (b) Employment of City Attorney.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum,* Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. *Clanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Councilman John A. Baum LEFT the Meeting after the vote at 12:30 P.M.
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 3, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Monday, July
3, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
John A. Baum
INVOCATION: Reverend Ralph M. Halliwill
Bayside Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item V-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 31473
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public buslness 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
Virginla Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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.
John A. Baum
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACII CITY COUNCIL
WIIEREAS: Tlie Virginia Beacli City Council. convened into EXECUTIVE SESSION, PL[rsuant
to Lhe affirmative vote recorded fiere aiid in accordance witti tlie provisiolis of Tlie
Virginia Freedom of Information Act; and,
WIIEREAS: Section 2.1-344.1 of tlie Code of Virginia requires a certification by ttie
governing body that sucli Executive Session was conducted in conformity with Virg:'Lnia
law.
NOW, 'niEREFORE, BE IT RESOI,VED: the Virgiriii Beacli City Couticil liereby
certifies ttiat, to the besl of eacli member's ktiowledge, (a) oiily public business matters
lawfully exempted from Open Meetirig requirements by Virgiiiia law were di.scussed in
Executive Session to wliich tliis certificition resolution applies; and, (b) only such
public business matters as were identified in tlie motion convenlng Lhis Executive
Session were heard, discussed or considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council voted
to proceed into EXECUTIVE SESSION to consider:
PERSONNEL MATTERS: DiscussioTi or consideration of prospective candidates for
employment, appointment of specific public officers, appointees, or employees
pursuant to Section 2.1-344(A) (1). (a) Appointments for City Council appointive
bodies; and, (b) Employment of City Attorney.
VOI'E:
Council Members Voting AYE:
Albert W. Ball(o, Jolin A. Baum, Vice Mtyor Rol)erL F". Felitress, liarold
fleischober, Barbara M. ficnley, Reba S. McClatian, Jolin D. Moss, t@layor Meyera E.
Oberndorf, Naricy K. Parker and William D. Sessoms, Jr.
Counci I Members Votitig NAY:
Non6
Council Members ABSTAINING:
Notio
Council Members ABSENT for tlie Vote:
John L. Perry
Council @lembers ABSENT for tlie Meetin-.:
Jolin A. Bauni
_@th flodges Smith, CMC/AAI,-,
City Clerk
9
Item V-E.I.
MINUTES ITEM 31474
Upon motion by Counci lman Sessoms, seconded by Counci lwoman Parker, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of June 26,
1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, 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:
John A. BaLin
- 10 -
Item V-E.2.
INTRODUCTION ITEM # 31475
ADD-ON
Mayor Oberndorf introduced Miss Eline Spros, Daughter of the Mayor in Hol land,
visiting America and staying in the horne of the City Clerk of Virginia Beach,
Ruth Hodges Smith.
Mayor Oberndorf presented Eline with a CERTIFICATE OF HONORARY CITIZENSHIP
signed by all Members of City Council.
CIT-itu of IJ'tr@-inta @ear4
pe it @noeun z4nt
@agor unb Tit@ Tonnril of Virginia Pearh
'Vao (gonferreb t4e Zitle of
@onararU 19-tt-tzvn
(iq
upon
,Wngor
@tiesteb to, tllio 4w ba@ of @/0 19 89
Item V-F. I .
PUBLIC COMMENT
CERTIFICATE OF OCCUPANCY ITEM # 31476
The Mayor DECLARED a period of PUBLIC COMMENT relative:
CERTIFICATE OF OCCUPANCY
The following spoke in SUPPORT ot the Ordinance:
Captain Les Fenlon, Chairman of the Great Neck Association of Civlc Leagues.
(Copy ot Letter dated June 29, 1989, in SUPPORT was distributed and Is hereby
made a part of the record.)
Ron Ripley, Governmental Affairs Chairman - Tidewater Builders Association,
4064 Bridgehampton Lane.
Mayor Oberndorf referenced letter from R. Dean Lee, Chairman of the Board -
Hampton Roads Chamber of Commerce - Virginia Beach Division, indicating the
Chamber's endorsement of said Ordinance.
There being no turther speakers, the Mayor CLOSED the period of PUBLIC COWENT.
- 12 -
Item Y-G.1
PUBLIC HEARING
PLANNING ITEM # 31477
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) JAMES AND BARBARA CANDO VARIANCE
(b) HAZEL S. OLIVER CHANGE OF ZONING
(c) LITTLETON F. PARKS CHANGE OF ZONING
(d) KEMPSVILLE BAPTIST CHURCH CONDITIONAL USE PERMIT
(e) EASTERN SHORE CHAPEL CONDITIONAL USE PERMIT
(f) ROBERT W. WHITE, JR. CONDITIONAL USE PERMIT
(g) THOMAS A. POTTER/JAPANESE CONDITIONAL USE PERMIT
AUTO MASTERS, INC.
(h) THE VIRGINIA BEACH SCHOOL BOARD CONDITIONAL USE PERMIT
(1) THE CONGREGATION OF HOPE LUTHERAN CONDITIONAL USE PERMIT
CHURCH
(j) REED ASSOCIATES CHANGE OF ZONING
(k) WILLIAM W. CHANDLER AND CHANGE OF ZONING
WILLIAM DRINKWATER
(1) 3 R & W, INC. CONDITONAL ZONING CLASSIFICATION
(m) CONDITIONAL ZONING Article 1, Section 107(h)
TEMPORARY SIGNS Article 2, Section 211
- 13 -
Item V-G.I.
PUBLIC HEARING
PLANNING ITEM # 31478
Elizabeth C. Cando, 107 South Gun Avenue, Phone: 486-1003, the applicant,
represented herself
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
APPROVED the application of JAMES AND BARBARA CANDO for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires that lots created by
subdivision meet all requirements of the City Zoning Ordinance.
Appeal from Decisions of Administative Officers In
regard to certain elements of the Subdivision
Ordinance, Subdivision for James & Barbara Cando.
Property is located at 4373 Southern Boulevard.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
r,ouncil Members Absent:
John A. BaLin
- 14 -
Item V-G.I.b.
PUBLIC HEARING
PLANNING ITEM # 31479
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Counci lman Perry, seconded by Counci Iman Heischober, City
Counci I ADOPTED an Ordinance upon appl [cation of HAZEL S. OLIVER for a Change
of Zoning District Classification:
ORDINANCE UPON APPLICATION OF HAZEL S. OLIVER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5
TO B-2 Z07891249
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Hazel S. Oliver for a
Change of Zoning District Classification from R-7.5
Residential District to B-2 Cornmunity Business
District on the north side of Haygood Road, 630
feet more or less east of Crossborough Road. Said
parcel contains 39,204 square feet. Plats with more
detailed Information are available In the
Department of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, 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:
John A. BaLrn
Item V-H.l.c.
PUBLIC HEARING
PLANNING ITEM # 31480
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of LITTLETON F. PARKS for a Change of
Zoning:
ORDTNANCE UPON APPLICATION OF LITTLETON F. PARKS
FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM
R-40 TO R-30 Z07891250
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of Littleton F. Parks
for a Change of Zoning District Classification from
R-40 to R-30 on certain property located on the
north side of Wishart Point Court, 350 feet more or
less east of Battle Royal Circle. Said parcel
contains 8.56 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
- 16 -
Item V-H.I.d.
PUBLIC HEARING
PLANNING ITEM # 31481
Wi III am McCl urg, 1092 La skin Road, Phone: 428-7004, Architect, represented the
applicant
James 0. Stocks, Jr. 178 Coventry Road, Phone: 499-9910, Church Bui Iding and
Planning Committee, represented the applicant
Upon mot ion by Counc I I man Moss, seconded by Vi ce @yor Fentress, Cl ty Counc i I
ADOPTED an Ordinance upon application of KEMPSVILLE BAPTIST CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KEMPSVILLE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R07891232
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kempsville Baptist
Church for a Conditional Use Permit for a church,
religious education building, additions and
renovations at the northwest corner of Princess
Anne Road and Overland Road. Said parcel Is located
at 5204 Princess Anne Road and contains 7.03 acres.
Plats with more detal led inforrnation are avai lable
in the Department ot Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. All internal property lines must be vacated by
recorded plat.
2. The utilizatlon of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
Thls Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baun
- 17 -
Item V-H.I.e.
PLIBLIC HEARING
PLANNING ITEM # 31482
Donald H. Clark, 900 Sovran Bank Bul Iding, Phone: 499-8800, Trustees of Eastern
Shore Chapel, represented the applicant
Upon motion by Counci Iman Ba I ko, seconded by Counci lman Perry, City Counci I
ADOPTED an Ordinance upon application of EASTERN SHORE CHAPEL TRUSTEES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EASTERN SHORE CHAPEL
TRUSTEES FOR A CONDITIONAL USE PERMIT FOR CHURCH
ADDITIONS R07891233
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ord lnance upon appl icat Ion of The Trustees, Eastern
Shore Chapel for a Conditional Use Permit for
church additions on the north side of Laskin Road,
150 feet southwest of Bratten Avenue. Said parcel
is located at 2002 Laskin Road and contains 8
acres. Plats with more detai led Information are
avai lable in the Department of Planning. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council %mbers Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, 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:
John A. Baun
- 18 -
Item V-G.l.f.
PUBLIC HEARING
PLANNING ITEM # 31483
Attorney Michael Barney, 3201 High Borough, Phone: 624-3101, represented the
applicant
Upon motion by Councilwoman NtClanan, seconded by Councilwoman Henley, City
Oouncil ADOPTED an Ordinance upon application of ROBERT W. WHITE, JR., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT W. WHITE, JR.,
FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLING IN THE AG-1 AGRICULTURAL DISTRICT
R07891234
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert W. White, Jr.,
for a Conditional Use Permlt for a single family
dwelling In the AG-1 Agricultural District on the
north side of Seaboard Road, 1721 feet west of
Princess Anne Road. Said parcel contains 5.69
acres. Plats with more detailed Information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following condition shall be required:
1. A plat must be recorded creating the 5.69-acre
parcel. The 5.69-acre parcel requires a
resubdivlsion and is permissible under the
Agricultural Lands Area Overlay District Ordinance
It wlil not count against the one lot exernption.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, John D. Moss, %yor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. BaLgn
- 19 -
Item V-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 31484
Thomas A. Potter, 1944 Clifton Road, Phone: 425-3080, represented the applicant
Upon motion by Co unc II man Ba I ko, seconded by VI ce Mayor Fentress, Cl ty Co unc i I
ADOPTED an Ordinance upon application of THOMAS A. POTTER/JAPANESE AUTO
MASTERS, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THOMAS A.
POTTER/JAPANESE AUTO MASTERS, INC. FOR A
CONDITIONAL USE PERMIT R07891235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thomas A.
Potter/Japanese Auto Masters, Inc. for a
Conditional Use Permit for an automotive repair
facility on the west side of Sykes Avenue, 830 feet
south of Virginia Beach Boulevard. Said parcel is
located at 129 Sykes Avenue and contains 16,000
square feet. Plats with more detailed infor-mation
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be requlred:
1. Required Category VI screening was not shown on the
submitted site plan. Category VI screening will be
required during detailed site plan review unless a
variance from the Board of Zonlng Appeals is
obtained.
2. Only vehicles awaiting parts may be stored on the
site outside of normal business hours. These
vehicles must be kept in the rear portion of the
site, out of public view.
3. No outside storage of automobile parts will be
allowed.
4. The utilization of Best Vanagament Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nlne.
- 20 -
Item V-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 31484 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessc>ms, Jr.
Council Mernbers Voting Nay:
None
Council Members Absent:
John A. BaLin
- 21 -
Item V-G.I.h.
PUBLIC HEARING
PLANNING ITEM # 31485
Robert Mullen, 905 St. Andrews Place, represented the appllcant
The following registered in SUPPORT but did not speak:
Curt Ne IIis , 927 South Bi rd neck Road, Phone: 425-6272
Gwen Cowart 2925 North Landing Road, Phone: 427-8047
Upon motion by Counci lwoman McClanan, seconded by Counci Iman Perry, City
Council ADOPTED an Ordinance upon application of THE VIRGINIA BEACH SCHOOL
BOARD for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
SCHOOL BOARD FOR A CONDITIC)NAL USE PERMIT FOR A
COMMUNICATION TOWER R07891236
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Virginia Beach
School Board for a Conditional Use Permit for a
communication tower on the south side of North
Landlng Road, 3000 feet west of West Neck Road.
Said parcel is located at 2925 North Landing Road
and contains 40 acres. Plats with more detailed
Information are available in the Department of
Planning PRINCESS ANNE BOROUGH.
The followlng condition shall be required:
1. Required screening was not shown on the submitted
site plan. Screening will be required during
detailed site plan review unless a variance from
the Board of Zoning Appeals is obtained.
This Ordinance shal I be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Wyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. BaLxn
- 22 -
Item V-G.I.i.
PUBLIC HEARING
PLANNING ITEM # 31486
James L. Overton, Sr., P.E., 321 Cleveland Place, Phone: 490-1691, Vice
President, Waterway Surveys & Engineering, Ltd., represented the applicant
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of THE CONGREGATION OF HOPE LUTHERAN
CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CONGREGATION OF
HOPE LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT
FOR A CHURCH AND RELATED FACILITIES R07891237
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA
Ordinance upon application of The Congregation of
Hope Lutheran Church for a Conditional Use Permit
for a church and related facilities on the north
side of Providence Road, 651 feet east of Balfor
Drive. Said parcel is located at 5350 Providence
Road and contains 5.25 acres. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Dav of Julv. Ninetp-pn
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Willia. D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 23 -
Item V-G.l.j.
PUBLIC HEARING
PLANNING ITEM # 31487
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Carl M. Monroe, 1205 Captain Adams Court, Phone: 460-1470, President of the
Thoroughgood Civic League, spoke in OPPOSITION
The City Clerk referenced letter of June 5, 1989, from Anne Denny, President -
Witchduck Civic League. Anne Denny advised the Civic League was NOT opposed to
the application at this time.
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of REED ASSOCIATES for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF REED ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSTFTCATION FROM R-15
RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT
Z07891251
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNTA
Ordinance upon application of Reed Associates for a
Change of Zoning District Classification from R-15
Residential District to R-10 Residential District
on the following parcels:
Parcel 1: Located at the northwest intersection of
Reedtown Road and Sir Jones Lane.
Parcel 2: Located at the northeastern extremity of
Reedtown Road.
Parcel 3: Located on th6 west side of Reedtown Road
at the intersection with Old Reedtown Road.
Parcel 4: Located on the south side of Old Reedtown
Road at the intersection with Reedtown Road.
Said parcels contain 5.213 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.*
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
Day of July, Nineteen Hundred and Eighty-nine.
*Application of REED ASSOCIATES from R-4 to R-6 had been previously DENIED on
January 25, 1988, Item # 28734
- 24 -
Item V-G.l.j.
PLn3LIC HEARING
PLANNING ITEM # 31487 (Oontinued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Voyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. BaLm
- 25 -
Item V-G.l.k.
PUBLIC HEARING
PLANNING ITEM # 31488
Attorney Don Clark, requested DEFERRAL as the applicant's attorney his
partner, Wayne Thomas, is unable to be in attendance
George M. Shaw, Jr., 3601 Holly Road, Phone: 425-7845, represented the
Princess Anne Manor Corporation, registered in OPPOSITION but agreed to the
DEFERRAL
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
DEFERRED until the City Council Meeting of July 10, 1989, an Ordinance upon
application of WILLIAM W. CHANDLER AND WILLIAM DRINKWATER for a Change of
Zoning:
ORDTNANCE UPON APPLICATION OF WILLIAM W. CHANDLER
AND WILLIAM DRINKWATER FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO A-12
Ordinance upon application of William W. Chandler
and William Drinkwater for a Change of Zoning
District Classification form R-7.5 Residential
District to A-12 Apartment District on Site F,
Linkhorn Park. Said parcel is located at 3609 Holly
Road and contains 10,672 square feet. VIRGINIA
BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McCianan, 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:
John A. Baum
- 26 -
Item V-G.1.1.
PUBLIC HEARING
PLANNING ITEM # 31489
Ronald C. Ripley, 4064 Bridgehampton Lane, represented the applicant, and
originally requested DEFERRAL to enable the inclusion of the proffer a
condofnin!Ln or for-sale units. The applicant has been unable to arrange a
Meeting with the Civic League. Opponents did not agree to a DEFERRAL.
Attorney Michale Inman, represented the applicant and advised their Interest
in being under the new Conditional Zoning Ordinance and the addition of the
proffer of a condominium or for-sale units. Attorney Michael Inman requested
WITHDRAWAL, if Deferral was not desired and a resubrnission under the new
Conditlonal Zoning Ordinance.
OPPOSITION:
Oscar Ra 1 1 e, 1945 Arlington Arch Drive, Phone. 479-0360, represented the
Alexandria Civic League, and advised their opposition to WITHDRAWAL as wel I as
DEFERRAL
John Bennett, 1901 Dul les Court, Phone: 479-9619, represented the Alexandria
Civic League and advised of a petition containing 200 signatures In
OPPOSITION.
The City Clerk referenced the following 'phone calls received from residents of
Alexandria notlng their OPPOSITION:
Marlene %gnone
Patti Van Buren
James Edwards
Steve Gao
Sylvio Canu
Mrs. Anthony DeVino
Upon motion by Counci Iman Moss, seconded by Vice %yor Fentress, City Council
DENIED an Ordinance upon appl lcation of 3 R & W, INC. for a Conditional Zoning
Classification:
ORDINANCE UPON APPLICATION OF 3 R & W, INC. FOR A
CONDITIONAL ZONING CLASSIFICATION FROM R-5D TO A-18
Ordinance upon application of 3 R & W, Inc. for a
Conditional Zoning Classification from R-5D
Residential Duplex District to A-18 Apartment
District on the west side of Centerville Turnpike,
1400 feet more or less south of Kempsville Road.
Said parcel is located at 2001, 2013 and 2023
Cenerville Turnpike and contains 11.6 acres. Plats
with more detailed information are available In the
Department of Planning. KEMSPVILLE BOROUGH.
- 27 -
Item V-G.I.I.
PUBLIC HEARING
PLANNING ITEM # 31489 (Continued)
Votlng: 9-1
Counc I I Mem bers Vot I ng Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
John A. Baum
- 28 -
Item V-G.I.m.(l)
PUBLIC HEARING
PLANNING ITEM # 31490
WIIIlam J. Hol loran, Exec ut l ve Dlrector - Hampton Roads Chamber of Commerce,
4512 Virginia Beach Boulevard, advised the Chamber supports the Planning
Commission's recommendation to DEFER the Conditional Zoning Amendments until
the ADOPTION of the updated Comprehensive Plan and the Capital Improvement
Program meets standards required by the enabling legislation.
Upon motion by Vice Voyor Fentress, seconded by Councilman Perry, City Council
DEFERRED until the updated Comprehensive Plan is ADOPTED and the Capital
Improvement Program meets standards required by the enabling legislation:
Ordinance to amend and reordain Article 1, Section
107(h) of the Clty Zoning Ordinance pertaining to
Conditional Zoning.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. @s,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Councll Members Voting Nay:
Reba S. McCianan
Council Members Absent:
John A. Baum
- 29 -
Item V-G.I.m.(2)
PUBLIC HEARING
PLANNING ITEM # 31491
Wi II i am J. HoIIoran, Exec uti ve Dl rector - Hampton Roads Chamber of Commerce,
4512 Virginia Beach Boulevard, advised support of Article 2, Section 211 re:
temporary signs and referenced letter of July 3, 1989, frorn R. Dean Lee,
Chairman of the Board - Hampton Roads Chamber of Commerce - Virginia Beach
Division, In support ot said Ordinance. Said letter Is hereby made a part of
the record.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to Amend Section 211 of the City Zoning
Ordinance of the City of Virginia Beach, pertaining
to Teinporary Signs.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Mayor Wyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Councli Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John A. Baum
1 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY
2 ZONING ORDINANCE OF THE CITY OF VIRGINIA
3 BEACH, PERTAINING TO TEMPORARY SIGNS
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Section 211 of the City zoning Ordinance of the City
7 of Virginia Beach, pertaining to temporary signs, be, and hereby
8 is, amended and reordained to read as follows:
9 Section 211. Signs permitted in all districts.
10 The following types of signs are exempted from all of the
11 provisions of this ordinance, except for illumination, construction
12 and safety regulations and the following standards:
13
14 (b) Temporary signs.
15 (1) Temporary signs announcing any public, charitable,
16 educational, @ religious or other noncommercial event or function,
17 located entirely ;;ithin upon the pr-em4:ses ef
4 1, , I
18 property on which such event or function is held and set back no
19 less than ten (19) seven (7) feet from the property line, ap te a
20 and havinq a maximum sign area of thirty-two (32) square feet.
21 Such signs shall be allowed no more than thirty (30) days prior to
22 the event or function and must be removed within seven (7) days
23 after the event or function. such signs may be illuminated in
24 accordance with the restrictions set forth is section 213 hereof.
25 If building-mounted, thpgp such signs shall be flat wall signs and
26 shall not project above the roofline. If gE9URd FR9URted
27 freestanding, the @ height of anV such sign shall be no more
28 than eight (8) twelve (12) feet above ground level.
29 (2) Temporary signs of a commercial nature announcing grand
30 openings or other special events or promotions, subiect to the
31 limitations as to size, height and location set forth in
32 subdivision (1) hereof. Such signs shall be displaved no more than
33 three times per year bV anV business or establishment, nor for any
34 period in excess of seve (7) da s.
35 (3) Temporary signs consistinq of, or mounted upon, balloons,
36 subject to the requirements of subdivisions (1) and (2) hereof.-
37 provided, however, that such signs may project above the roofline
38 and may, if freestanding, have a height not exceeding thirty (30)
39 feet from ground level.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 3 day of July 1989.
42 WMM/dhh/epm
43 03/01/89
44 03/16/89
45 05/17/89
46 CA-89-3198
47 \ordin\proposed\45-21lczo.pro
2
- 30 -
Item V-H.I.a/b/c/d
ORDINANCES/RESOLUTION ITEM # 31492
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach re: CERTIFICATE OF
OCCUPANCY:
ADOPTED AS AMENDED'@,
ADDING Section 16-12 re: certain dwellings and
dwelling units.
" Section (m), page 6: Said Ordinance shall be
effective immediately for a period of two years.
AND, ADOPTED:
ADDING a new Section 16-12.1, re: Certificates of
Exemption for certain dwellings.
Repealing Section 16-5 re: private agreements
between owners and occupants of property.
Section 16-11 re: violations of Chapter 16.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
John A. Baum
6,S TO 1,EGtL
AN ORDINANCE TO AMEND AND REORDAIN
HE CODE OF THE CITY OF VIRGINIA
EACH, VIRGINIA, BY ADDING SECTION
6-12, PERTAINING TO CERTIFICATES OF
5 OCCUPANCY FOR CERTAIN DWELLINGS AND
6 DWELLING UNITS
7 WHEREAS, the public health, safety and welfare require
8 that the City's housing stock be maintained in good condition and
9 repair; and
10 WHEREAS, there are a substantial number of areas within
11 the City in which the housing stock would be most benefitted by a
12 program of housing inspections; and
13 WHEREAS, it is the intention of this ordinance to
14 ensure, to the extent possible, that rental properties within
15 certain designated areas of the City remain in good condition and
16 repair for the benefit of the occupants thereof, their neighbors
17 and the citizens of the City; a-nd
18 WHEREAS, it is the further intention of this Ordinance
19 to prevent neighborhood blight and deterioration and to protect
20 property values in the community;
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
22 CITY OP VIRGINIA BEACH, VIRGINIA:
23 That the Code of the City of Virginia Beach be, and
24 hereby is, amended and reordained by the addition of a new
25 section, to be numbered Section 16-12, which shall read as
26 follows:
27 Section 16-12. Certificates of Occupancy; Inspections of Certain
28 Dwellings and Dwelling Units.
29 (a)(1) No owner of any dwelling or dwelling unit located in
30 an area desiqnated by the city manager as a Special Emphasis Area
31 pursuant to subsection (b) hereof shall permit any person to
32 occupy such property as a tenant or otherwise for valuable
33 consideration, except pursuant to the sale or exchange thereof,
34 unless a Certificate of Occupancy authorizing the occupancy of the
35 property has been issued by the director of housing and
36 neighborhood preservation. Once issued, a Certificate of
37 occupancy shall not thereafter be required for a period of one
38 year or until the property is to be occupied exclusively by
39 persons other than those in occupancy on the date such Certificate
40 was issued, whichever period is the greater. In the case of
41 dwellings and dwelling units for which a certificate of occupany
42 has been issued by the zoning administrator pursuant to Section
43 103 of the City Zoning ordinance, the provisions of Section 16-
44 12.1 (c) shall ap@.
45 (2) No Certificate of Occupancy shall be required for any
46 property occupied as of the date the area in which it is located
47 is designated as a Special Emphasis Area until such property
48 becomes occupied exclusively by persons other than those in
49 occupancy on such date.
50 (3) No electric power company shall commence electrical
51 service to a property subject to this section or continue service
52 to any such property upon a change of occupancy thereof unless a
53 valid Certificate of Occupancy or Temporary Certificate of
54 Occupancy has been issued for such property. The director shall
55 promptly notify the electrical power company of the issuance of a
56 Certificate of Occupancy or Temporary Certificate of Occupancy.
57 (b) The city manager shall designate as Special Emphasis
58 Areas those areas within the City to which the provisions of this
59 section shall apply. Such areas shall be designated upon the
60 basis of the following criteria:
61 (1) Number and percentage of dwellings and dwelling
62 units occupied exclusively by persons other than the owner
63 thereof;
64 (2) Physical condition of dwellings and dwelling units,
65 as determined by exterior housing condition surveys and code
66 enforcement statistics; and
67 (3) Eligibility for federal and state housing
68 assistance programs.
69 In designating Special Emphasis Areas, the city manager shall
70 give due regard to each of the criteria set forth hereinabove as
2
71 indicators of areas most likely to be benefitted from the
72 provisions of this ordinance. He shall set forth, in writing, his
73 findings and reasons for designating a Special Emphasis Area.
74 (c) The designation of an area as a Special Emphasis Area by
75 the city manager shall be reviewed by him on an annual basis.
76 When it appears that the application of the aforesaid criteria no
77 longer warrants the designation of a certain area of the City as
78 a Special Emphasis Area, he shall rescind his designation of such
79 area as a Special Emphasis Area.
80 (d) It shall be the responsibility of the owner of property
81 subject to the requirements of this section to notify the director
82 of any pending change of occupancy of such property and to request
83 an inspection thereof. Such inspection shall be performed within
84 two working days of the receipt of the request for inspection.
85 There shall be no fee for an initial inspection, but a fee of
86 twenty-five dollars ($25.00) shall be charged in the event repairs
87 or corrections are required and have not been completed by the
88 time of reinspection of the property. The owner of such property
89 shall also be responsible for requesting a reinspection if
90 required. No Certificate of Occupancy shall be issued unless all
91 required fees have been paid.
92 (e) The director shall issue a Certificate of Occupancy if
93 the property complies with all applicable laws, ordinances,
94 regulations and standards set forth in, or adopted or incorporated
95 by, the Code of the City of Virginia Beach. In the event the
96 property is not in compliance with any one or more of such laws,-
97 ordinances, regulations and standards, no Certificate of Occupancy
98 shall be issued. A Certificate of Occupancy may be issued
99 immediately upon the conclusion of the initial inspection of the
100 property, so long as all requirements for the issuance thereof
101 have been met.
102 (f)(1) Notwithstanding the provisions of subsection (e), the
103 director shall, in the circumstances set forth in subdivision (2)
104 hereof, issue a Temporary Certificate of Occupancy. A Temporary
105 Certificate of Occupancy shall authorize the occupancy of the
3
1 06 property for -such period of time as is reasonably necessary to
107 remedy or correct all defects or violations by reason of which the
108 Certificate of Occupancy was reeused, but not in excess of sixty
109 (60) days. Every such certificate shall set forth the period of
110 time for which temporary occupancy is authorized. It shall be a
ill condition of the issuance of every Temporary Certificate of
112 occupancy that the property shall be brought into complete
113 compliance with all applicable laws, ordinances, regulations and
114 standards within the period of time specified therein, and the
115 willful failure to bring the property into such compliance shall
116 be a violation of this section. The director may extend a
117 Temporary Certificate of Occupancy for an additional period of not
118 more than sixty (60) days if the owner has diligently and in good
119 faith attempted to bring the property into compliance.
120 (2) A Temporary Certificate of Occupancy shall be issued in
121 the event:
122 (i) Property for which a Certificate of Occupancy was
123 refused may reasonably be brought into compliance within sixty
124 (60) days from the date of issuance of the Temporary Certificate
125 of Occupancy; and
126 (ii) All necessary repairs or corrections may be
127 performed safely and without undue inconvenience to the occupants
128 of the property; and
129 (iii) The condition of the property does not
130 constitute a hazard to the health or safety of the occupants
131 thereof.
132 (3) A Temporary Certificate of occupancy may be issued
133 immediately upon the conclusion of the initial inspection of the
134 property, so long as all requirements for the issuance thereof
135 have been met.
136 (g) Any person aggrieved of any determination or decision of
137 the director made pursuant to this section shall have the right to
138 appeal such determination or decision within twenty (20) days to
139 the Board of Building Code Appeals. Notice of such appeal shall
140 be in writing, shall specify the grounds of appeal, and shall be
4
1 4 1 mailed or delivered to the director. All proceedings before the
142 Board shall be in accordance with the provisions of the Virginia
143 Uniform Statewide BUilding Code.
1 4 4 (h) Nothing in this section shall be construed to limit,
145 impair, alter or extend the rights and remedies of persons in the
146 relationship of landlord and tenant as such rights and remedies
147 exist under applicable law.
148 (i) Retrofitting of property subject to the provisions of
149 this section shall be required only if necessary to remedy a
150 serious and dangerous hazard to life or health. In all other
1 51 cases, dwellings and dwelling units shall be subject to the
152 requirements of law in effect at the time of their construction.
153 (j) Nothing in this section shall be construed to relieve or
154 exempt any person from otherwise complying with all applicable
155 laws, ordinances, standards and regulations pertaining to the
156 condition of buildings and other structures.
157 (k) As used in this section:
158 (1) The term "property" shall be limited to dwellings and
159 dwelling units, and grounds thereof, within Special Emphasis Areas
160 so designated by the city manager pursuant to subsection (b)
161 hereof;
162 (2) The term "owner" shall mean, notwithstanding the
163 definition thereof set forth in Section 16-2 of this Code, any
164 one or more persons, jointly or severally, in whom is vested all
165 or part of the legal title to property, or all or part of the
166 beneficial ownership and a right to present use and enjoyment of
167 property, including a mortgagee. Such term shall not be construed
168 to include any person acting solely as an agent or as a mortgagee
169 or trustee not in possession or control of the property.
170 (3) The term "director" shall mean the director of housing
171 and neighborhood preservation and such employees of the department
172 of housing and neighborhood preservation as the director may
173 designate to administer and enforce this section.
5
(4) The term "Person" shall mean any individual, group of
75 individuals, corporation, Partnership, business trust, association
76 or other leqal entitv, or any combination thereof.
77 (1) The provisions of this Ordinance are intended to be
78 severable, and if anv such provision be deemed or adjudged to be
79 invalid or unenforceable, the remaining portions of this Ordinance
80 shall remain in full force and effect and their validity
unimpaired.
(m) This section shall be effective upon the date of its
adoption and shall remain in effect until iulv 2, 1991.
(n) A violation of this section shall be punishable as
provided in Section 16-11 of this chapter.
86 Adopted by the Council of the City of Virginia Bech, Virginia,
187 on the 3rd Jay of I,, I v 1989.
188 WMM/dhh/epm
02/ 1 5/ 8 9
190 04 19 8 9
191 0 5 2 4 89
192 0 5 25/ 8 9
0 5/ 26 / 8 9
06/12/89
0 6 / 20/ 8 9
07 / 03 / 8 9
197 CA-89-3160
\ordin\proposed\16-012.pro
IE@' AS TO CO.NITENT5
t;,< E
A@- i' , OVED AS I':) i.EC- A@
Ai'@l@D r@C@! U%,@
ORDINANCE TO AMEND THE CODE OF
THE CITY OF VIRGINIA BEACH BY ADDING
4 A NEW SECTION 16-12.1, PERTAINING TO
5 CERTIFICATES OF EXEMPTION FOR
6 CERTAIN DWELLINGS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach, Virginia
10 be, and hereby is, amended by the addition of a new section,
11 numbered section 16-12.1, which shall read as follows:
12 Section 16-12.1. Certificates of Exemption.-
13 (a) The director of housing and neighborhood preservation
14 shall issue a Certificate of Exemption in the circumstances set
15 forth in subsections (b) and (c). The effect of the issuance of
16 a Certificate of Exemption shall be to exempt any dwelling unit for
17 which such Certificate of Exemption has been issued from the
18 requirements of Section 16-12 of this Code. It shall not exempt
19 any such dwelling unit from compliance with applicable ordinances,
20 regulations and standards pertaining to the condition of housing.
21 (b) A Certificate of Exemption shall be issued if, and only
22 if, all of the following criteria have been met:
23 (1) The dwelling units to which the Certificate of
24 Exemption applies are contained in a unified multiple-family
25 dwelling development having no less than twenty (20) units, in
26 which development a property manager or property management entity
27 performs, or causes to be performed, regular maintenance of the
28 property;
29 (2) Written application for a Certificate of Exemption
30 has been made to the director of housing and neighborhood
31 preservation by the management or owner of such development;
32 (3) The management or owner has allowed the inspection
33 by city housing inspectors of not less than fifty per cent (50%)
3 4 of the vacant dwelling units, with a minimum of one (1) and a
35 maximum of ten (10) units, contained in such development. If no
36 units are vacant, such inspection shall be performed upon a unit
37 chosen by the inspector, but shall be subject to the consent of
38 the occupant thereof; and
39 (4) No material and substantial violations of any
40 applicable ordinance, regulation or standard pertaining to the
41 condition of housing exist within any of the units so inspected or
42 the interior of any building or upon the exterior of the property
43 of the development.
44 (c) Notwithstanding the provisions of subsection (b) hereof,
45 a Certificate of Exemption shall be issued for any dwelling or
46 dwelling unit located in a Special Emphasis Area at such time as
47 a certificate of occupancy for such dwelling or dwelling unit is
48 issued by the zoning administrator pursuant to Section 103 of the
49 City Zoning Ordinance.
50 (d) A Certificate of Exemption shall be valid for a period
51 of two (2) years from the date of issuance; provided, however, that
52 if any one or more material and substantial violations of
53 applicable ordinances, regulations or standards pertaining to the
54 condition of housing is found within that period, within a dwelling
55 unit or otherwise, the director of housing and neighborhood
56 preservation may revoke the Certificate of Exemption. A
57 Certificate of Exemption shall not be renewable except upon new
58 application and compliance with the requirements of subsection (b)
59 hereof.
60 (e) Nothing in this section shall be construed to limit the
61 authority of the city to perform housing inspections in accordance
62 with applicable law.
63 (f) The refusal to grant, or the revocation of, a Certificate
64 of Exemption shall be appealable to the Board of Building Code
65 Appeals in the manner specified in Section 16-12 of this Code.
2
6 6 Adopted by the Council of the City of Virginia Beach,
67 Virginia, on the 3rd day of Ju@Ly 1989.
68 W14M/dhh/epm
69 02/27/89
70 05/19/89
71 05/24/89
72 05/25/89
73 05/26/89
74 06/12/89
75 CA-3186
76 \ordin\proposed\16-012-l.pro
3
ORDINANCE TO AMEND AND REORDAIN
2 TION 16-11 OF THE CODE OF THE
3 Y OF VIRGINIA BEACH, PERTAINING
4 TO VIOLATIONS OF CHAPTER 16 OF THE
5 CITY CODE
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 16-11 of the Code of the City of Virginia Beach
10 be, and hereby is, aniended and reordained, and shall read as
11 follows:
12
13 Section 16-11. Violations of chapter generally.
14 Any person who shall violate any provision of this chapter
15 or who shall fail, refuse or neglect to comply in all respects
16 with the provisions of the this chapter shall be deemed guilty of
17 a misdemeanor punishable by a fine of not more than one thousarid
18 dollars ($1,000.00). Each hat a violation7-Ediltfe7-reEdBal
19
20 continues shall constitute a separate
21 offense. Conviction of a violation of any of the provisions of
22 this chapter shall iiot preclude the institution of l,egai
23 proceedings to restrain, correct or abate such violation or aiiy
24 other remedy at law or in equity.
25
26 Adopted by the City Council of tile City of Virginia
27 Beach, Virginia, on the 3,d day of July 1989.
28
29 WMM/dhh/epin
30 02/16/89
31 CA-89-3174
32 \ordin\proposed\16-Oll.pro
33
ORDINANCE TO AMEND THE CODE OF
THE CITY OF VIRGINIA BEACH BY
3 REPEALING SECTION 16-5 PERTAINING
4 TO PRIVATE AGREEMENTS BETWEEN
5 OWNERS AND OCCUPANTS OF PROPERTY
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That the Code oE the City of Virginia Beach be, and
9 hereby is, amended by repealing Section 16-5 of the City Code, as
10 follows:
12 f a -Y - - -P@ - P-r,"-i t h i 5 - -&r- -571tat 1- 1- - -n@ - a n y
13 o b I i 9 a t -i o n 7 - T t- B p,5 n s 4 b4 I i t y- @-erftr-agreement
14 or L-@ -pa n t i7e a - t @ - a n y
15 stieh- j- - b'd t - -s@ -as it L- - -@uch
16 w n e r -,5-r - @pa-rit- j- - n L- ap@ rt e a n 6
17
i8
19 t h e - p r (5 m p t I y - ly - -VA-t+r- - t! h e
2 0 p r o v i o t - - L-@ i7 ft d e I"@- -d - -1@ - ti-t@ - a
21 v i c I a t i o n - @- -t4@ E - n y - 4 8@ r-e it L-ar 1- - a g t e e m e n t
2 2
2 3 grotitid5--f-e)r-
24 Ediittf e7-@ @-be
25
26 !ICL--@i7l-ty--i5f---tttteh
27 menei5mpliance7
28 Adopted by the City Council of the City of Virginia
29 Beach, Virginia, on the 3rd day of July 1989.
30 WMM/dhh/epm
31 02/16/89
32 CA-89-3173
33 \ordin\proposed\16-005.pro
- 31 -
Item V-H.I.e
ORDINANCES/RESOLUTION ITEM # 31493
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $7,500 in additional
revenue; and, to TRANSFER $74,676 frorn the FY
1989-90 General Fund Reserve for Contingencies to
Implement a Certificate of Occupancy Program for
rental units.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Reba S. tkc]anan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Councl] Members Voting Nay:
Barbara M. Henley and John L. Perry*
Council Members Absent:
John A. Baum
*Verbal Nay
I AN ORDINANCE TO APPROPRIATE $7,500 IN ADDITIONAL
2 REVENUE AND TO TRANSFER $74,676 FROM THE FY 1989-90
3 GENERAL FUND RESERVE FOR CONTINGENCIES TO IMPLEMENT
4 A CERTIFICATE OF OCCUPANCY PROGRAM FOR RENTAL UNITS
5 WHEREAS, the housing stock within the city is aging and in some
6 instances falling into disrepair and it is in the city's interest to try and
7 prevent neighborhood decline;
8 WHEREAS, the Departments of Housing and Neighborhood Preservation,
9 formerly called Housing and Community Development and Permits and Inspections
10 have developed a Certificate of Occupancy rrogram which will ensure that rental
11 units within Special Emphasis Areas will be maintained in accordance with minimum
12 housing codes;
13 WHEREAS, the program will issue a Certificate of Occupancy for
14 rental properties after the completion of an inspection and the certification
15 that the property meets minimum housing code;
16 WHEREAS, it is anticipated that the program can be initiated with
17 two housing inspectors conducting approximately 4,000 initial inspections each
18 year at an estimated cost of $82,176 as shown below;
19 Salaries and Fringe Benefits (2-Housing Inspector I's) $ 49,001
20 Support Costs 7,655
21 Motor Vehicles and Radios 25,520
22 TOTAL 176
23 WHEREAS, a fee of $25.00 will be charged in the event repairs or
24 corrections are required and have not been completed by the time of the
25 reinspection of the property, resulting in a total revenue collection of
26 approximately $7,500 annually,
27 WHEREAS, there is sufficient funding available in the FY 1989-90
28 General Fund Reserve for Contingencies to support this program.
29 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31 That funds in the amount of $82,176 be appropriated to the Department
32 of Housing and Neighborhood Preservation for implementing a certificate of
33 occupancy program.
34 BE IT FURTHER ORDAINED:
35 That the program be funded by a $74,676 transfer from the FY 1989-
36 90 General Fund Reserve for Contingencies and $7,500 from additional estimated
37 revenues in the FY 1989-90 Operating Budget.
38 Adopted by tbe City Council of the City of Virginia Beach, Virginia,
39 on the - day of 1989.
40 First Reading July 3, 1989
41 Second Reading
APPR
SUFFICIENCY Al@N,
- 32 -
Item V-H. 2
ORDINANCES/RESOLUTION ITEM # 31494
Upon motion by Vice Mayor Fentress seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 4-85, 4-86,
4-87, 4-87.1, 4-87.2, 4-88, 4-89, 4-90, 4-91, 4-92,
4-92.1, 4-92.2, 4-93 and 4-94 of the Code of the
City of Virginia Beach, re: bingo games and
raffles.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and Williarq D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John A. Baum
APPRC,Iqk':@) Al@ T'-
1 AN-ORr)-INANCE TO AMEND AND REORDAIN
2 SECTIONS 4-85, 4-86, 4-87, 4-87.1,
3 4-87.2, 4-88, 4-89, 4-90, 4-91, 4-
4 92, 4-92.1, 4-92.2, 4-93, and 4-94
5 OF THE CODE OF THE CITY OF VIRGINIA
6 BEACH, PERTAINING TO BINGO GAMES AND
7 RAFFLES
8
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Sections 4-85, 4-86, 4-87, 4-87.1, 4-87.2, 4-88,
13 4-89, 4-90, 4-91, 4-92, 4-92.1, 4-92.2, 4-93, and 4-94 of the
14 Code of the City of Virginia Beach are hereby amended and
15 reordained to read as follows:
16
17
18 ARTICLE IV. BINGO GAMES AND RAFFLES
19
20 Section 4-85. Application of article.
21 (a). The provisions of this article shall apply to
22 bingo games and raffles conducted in the city pursuant to sections
23 18.2-340.1 through 18.2-340.12 of the Code of Virginia.
24 (b). Definitions. - As used in this article the
25 following words shall have the following meanings:
26 1. "Organization" means any one of the follow
27 (a) A voluntary fire department or rescue squad or
28 auxiliary unit thereof which has been recognized by an ordinance
29 or resolution of a political subdivision where the voluntary fire
30 department or rescue squad is located as being a part of the
31 safety program of such political subdivision.
32 (b) An organization operated exclusively for religious,
33 charitable, community or educational purposes, an association of
34 war veterans or auxiliary units of such veterans organized in the
35 United States, or a fraternal association operating under the
36 lodge system.
37 2. "Bingo" means a specific game of chance played with
38 individual cards having randomly numbered squares ranging from one
39 (1) to seventy-five (75), in which prizes are awarded on the basis
40 of designated numbers on such cards conforming to a predetermined
41 pattern of numbers selected at random. Such cards shall have five
4 2 (5) vertical rows headed respectively by the letters B.I.N.G.O.,
43 with each row having five (5) randomly numbered squares.
44 3. "Rafflell means a lottery in which the prize is won
45 by a random drawing of the name or prearranged number of one or
46 more persons purchasing chances.
47 4. "Instant bingo" means a specific game of chance
48 played by the random selection of one or more individually
49 prepacked cards, with winners being determined by the preprinted
50 appearance of the letters B.I.N.G.O. in any prescribed order on
51 the reverse side of such card.
52 5. "Special bingo" means a bingo session conducted
53 pursuant to a separate permit authorizing bingo games more
54 frequently than two (2) calendar days in any one (1) calendar
55 week.
56 6. "Jackpot" means a bingo card played as a part of a
57 bingo game in which all numbers on the card are covered, each
58 number being selected at random, and with no free or "wild"
59 numbers.
60 7. "Winner-Take-All" means any bingo game in which all
61 the gross receipts from players for that game are paid ap prize
62 money back to the players.
63 8. "Session" means a time period during which one (1)
64 or more bingo games are conducted, such time period corresponding
65 precisely to the time period specified by the organization's
66 reported beginning and ending times.
67 9. "Gross receipts" means the total amount of all
68 money received from bingo games, instant bingo or raffle
69 operations before the deduction of any expenses whatsoever.
70 10. "Expenses" means documented expenditures usually and
71 customarily associated with the conducting of bingo games or
72 raffles including but not limited to supplies, equipment, rental
73 fees, permit fees, prizes and audit fees.
74 11. "Games Manager or Operator" is a member responsible
75 for all workers and for the conduct of each session, including all
76 record keeping requirements.
2
77 12. "Cashier" is a member responsible for controlling
78 and settling game gross receipts and game operating costs for a
79 session.
80 13. "Caller" is a member responsible for calling bingo
81 numbers and verifying the call back of a player's bingo by a
82 floorworker.
83 14. "Specials Custodian" is a member responsible for
84 controlling and settling special packages sold at the time of
85 admission and floorsales (specials) during sessions.
86 15. "Floorworkers" are members responsible for
87 floorsales (specials) and bingo verification.
88 16. "Paymaster" is a member res2onsible for awarding
89 bingo prizes.
90 17. "Bingo halls" or "bingo hall o2erations" means any
91 location, building, premises, or any place where bingo sessions or
92 raffles are held, conducted or take place excluding property owned
93 by an organization.
94
95 Section 4-86. Violations of article.
96 a. Any person violating any provision of this article
97 shall be guilty of a Class 1 misdemeanor.
98 b. Any cash, materials, prizes or equipment confiscated
99 in connection with an investigation of illegal gambling activities
100 shall be held as evidence and become the property of the city upon
101 a conviction.
102 C. The bingo or raffle permit of any organization
103 convicted of a violation of any provision of this article shall
104 automatically be revoked from the date of such conviction and no
105 permit shall again be issued to such organization for a period of
106 six (6) months from such date.
107 d. Upon violation of the provisions of this article,
108 the city attorney may, in addition to prosecutional actions, apply
109 to the Circuit Court for an injunction restraining the continued
110 operation by such orqanization of bingo games or raffles or any
ill aspect thereof.
112
3
113 Section 4-87. Permit.
114 a. Application for the permit required by section 18.2-
115 340.2 of the Code of Virginia shall be obtained from and be filed
116 with the chief of police. Such application shall be acted upon,
117 by either approval or disapproval, by the city manager, within
118 sixty (60) days from the date of the filing thereof, after a
119 reasonable investigation has been conducted to determine whether
120 the applicant is in compliance with the provisions of sections
121 18.2-340.1 through 18.2-340.12 of the Code of Virginia and this
122 article. Inaccurate information contained in such application
123 shall be automatic grounds for refusal or revocation of the
124 permit. The application for the annual permit shall be
125 accompanied by a check in the amount of twenty-five dollars
126 ($25.00) payable to the city for processing.
127 b. Bingo permits shall be issued for an effective
128 period of one (1) year and shall expire on the anniversary of the
129 date of approval by the city manager. Applications for renewal
130 shall be submitted sixty (60) days prior to the date of
131 expiration.
132 C. It shall be unlawful and a Class 1 misdemeanor for
133 any organization or individual to conduct a bingo game or raffle
134 prior to issuance of a permit by the city manager, or after
135 revocation or expiration of same.
136 d. All applications will be subject to review by the
137 chief of police, building inspector, traffic control engineer,
138 fire marshal, zoning inspector and city attorney who may provide
139 comments to the city manager concerninq appropriateness of the
140 activity in the specified location, parking, vehicular and
141 pedestrian access, hours of operation, building capacity and any
142 other matters deemed pertinent to public safety and welfare. Such
43 comments shall be considered by the city manager in determining an
44 applicants' eligibility for a permit.
45 e. No permit to conduct bingo games or raffles shall
46 be denied, suspended or revoked except upon notice to the
47 applicant stating the proposed basis for such action and the time
48 and place for a hearing thereon before the city manager or his
4
1 4 9 designee. After a hearing on the issues, the city manager may
1 50 refuse to issue or may suspend or revoke any such permit if he
151 determines that the organization has not complied with the
152 provisions of this article. Any organization aggrieved by the
153 decision of the city manager may appeal such decision to the city
154 council by notifying the city clerk within twenty-one (21) days of
155 the decision of the city manager. Any organization aggrieved by
156 subsequent decisions of the city council may appeal such decision
157 to the Circuit Court. Appeal must be taken within twenty-one (21)
158 days of the decision of the city council. On appeal f rom a
159 suspension or revocation of a permit, the Court may in its
160 discretion stay such order of suspension or revocation upon the
161 appellant posting bond in an amount and with such surety or
162 security as may be fixed by the Court.
163 f. All permits issued pursuant to this article shall be
164 subject to the provisions of any amendment made to this article.
165
166 Section 4-87.1. Membership; Eligibility for permit.
167 a. Prior to the issuance of any permit, an organization
168 must meet the following requirements:
169 (1) Such organization shall have been in existence and
170 met on a regular basis in the city of Virginia Beach for a period
171 of at least two (2) years immediately prior to making application
172 for such permit. Such organization shall maintain for the current
173 year and at least three (3) preceding years records (minutes,
174 attendance, etc.) of all meetings and, in addition for the same
175 period shall maintain such records pertinent to the maintenance of
176 its bingo and raffle permits, which records shall be made
177 available to the officials of the city upon request. The city
178 manager shall waive the requirement of three (3) years' records
179 for organizations in existence for two (2) but less than three (3)
180 years.
181 (2) Such organization shall be operated currently and
82 shall-have previously been operated exclusively as a nonprofit
83 organization and shall have been in existence as such nonprofit
5
18 4 organization for a period of at least two (2) years immediately
185 prior to seeking a permit.
186 (3) A permit may be issued to an organization which
187 relocates its meeting place on a permanent basis from another
188 jurisdiction in Virginia to this city, provided that such
189 organization was the holder of a valid bingo and/or raffle permit
190 at the time of such relocation, maintains all records pertinent to
191 holding a permit and is currently otherwise eligible to be issued
192 a permit in accordance with this chapter.
193 (4) Any auxiliary or similarly named organization
194 having a direct relationship with a sponsoring organization shall
195 obtain a permit prior to conducting bingo sessions. An auxiliary
196 shall demonstrate to the satisfaction of the city manager a
197 history of involvement in charitable activities, other than
198 sponsoring bingo sessions and lotteries, as a condition precedent
199 to being granted an original or renewal permit. No more than one
200 auxiliary of any sponsoring organization shall be eligible for
201 issuance of a permit.
202 (5) As part of the application process and prior to
203 being granted a bingo or raffle permit an organization shall
204 provide a complete list of its officers and those members
205 designated by the organization to manage, conduct or assist in any
206 capacity in the operation of bingo games or raffles. Information
207 sufficient to establish the bona fides of membership may be
208 required by the city manager. The chief of police or his designee
209 shall conduct a criminal records check of all officers as well as
210 the game manager or operator, cashier and paymaster. Members
211 added after the issuance of a permit shall not be permitted to
212 serve as games manager, cashier, caller, specials custodian or
213 paymaster until the permit is renewed or amended.
214 (6) No bingo or raffle permit shall be issued to any
215 organization wherein (a) any officer or (b) any person designated
216 as bingo game manager or operator, cashier, caller, specials
217 custodian, floorworker or paymaster has been convicted of a felony
218 or crime of moral turpitude.
219
6
220 Section 4-87.2. Joint operation of bingo sessions; restrictions;
221 special permit required.
222 (a) Two (2) qualified organizations may jointly
223 organize and conduct bingo games provided both have been issued a
224 permit under the provisions of section 4-87 and provided both
225 fully comply with all other provisions of this article.
226 (b) Any two (2) qualified organizations jointly
227 conducting bingo games shall be subject to the same restrictions
228 and prohibitions contained in this article that would apply to a
229 single organization conducting bingo games. Organizations jointly
230 conducting bingo games shall not circumvent any restrictions and
231 prohibitions which would otherwise apply if a single organization
232 were conducting such games. These restrictions and prohibitions
233 shall include, but not be limited to, the frequency with which
234 bingo games may be held, the value of merchandise or money awarded
235 as prizes, and all other practices prohibited under this chapter.
236 (c) Any two (2) qualified organizations which wish to
237 jointly conduct one (1) or more bingo games shall provide to the
238 city manager a written report setting forth the division of
239 manpower, costs, and proceeds for each game to be jointly
240 conducted. Upon a finding that the division of manpower and costs
241 for each game bears a reasonable relationship to the division of
242 proceeds, the city manager shall issue a special permit for the
243 joint conduct of all approved bingo games. No bingo game may be
244 jointly conducted until such special 2ermit is obtained by the
245 organization involved for that bingo game.
246
247 Section 4-88. Annual report of receipts and disbursements;
248 additional reports.
249
250 An annual report of all receipts and disbursements
251 shall be filed pursuant to section 18.2-340.6 of the Code of
252 Virginia by every organization conducting bingo games and raffles
253 in the city. Such annual report shall be filed with the director
254 of f inance on or before the first day of November of each
255 calendar year for which a permit has been issued.
7
2 56 However, any organization whose gross receipts exceed
2 57 fifty thousand dollars ($50,000.00) during any calendar quarter
258 shall be required to file an additional accounting of its receipts
259 and disbursements during such quarter no later than sixty (60)
260 days following the last day of such quarter. All such reports so
261 filed shall be audited by the director of finance or his designee.
262
263 Section 4-89. Audit fee.
264 An audit fee of one percent of gross receipts which an
265 organization reports pursuant to section 4-88 of this article and
266 section 18.2-340.6 of the Code of Virginia, is hereby imposed.
267 For- any efganization whieh has gfess feceipts less than t@
268 thatsand dellafs ($2,009.0-0), the audit -._-eby soaived. No
269 audit fee shall be imposed for the first four thousand dollars
270 ($4,000.00) gross receipts.
271
272 Section 4-90. Unannounced audits; securing of records.
273 Notwithstanding the provisions of this article
274 requiring an annual or quarterly audit, the director of finance
275 or his designee and the chief of police or his designee is hereby
276 authorized to perform unannounced audits or secure any records
277 required to be maintained by the provisions of Section 18.2-
278 340.6, Code of Virginia. Any such official shall have the
279 authority to go upon the premises on which any organization is
280 conducting a bingo game for the purpose of carrying out the
281 duties imposed by this article. The chief officer or treasurer
282 of any organization which has been issued a bingo or raffle
283 permit shall, within twenty-four (24) hours after receipt of
284 written notice from any above named official, make available any
285 records which are not maintained on the premises where games are
286 conducted.
287
288 Section 4-91. Prize limits.
289 a. No organization shall award any prize money or any
290 merchandise valued in excess of the following amounts:
8
29 1 (1) No door prize shal l exceed twenty-f i ve dol lars ($25. 00) .
292 Raffle tickets for any prize exceeding twenty-five dollars
293 ($25.00) may not be distributed without charge to players to
294 circumvent this limitation.
295 (2) No regular bingo or special bingo game shall exceed one
296 hundred dollars ($100.00).
297 (3) No jackpot of any nature, whatsoever, shall exceed one
298 thousand dollars ($1,000.00), and
299 (4) No raffle grand prize or raffle prize of any nature,
300 whatsoever, shall exceed one hundred thousand dollars
301 ($100,000.00), nor shall the total amount of all prizes given
302 away during & all raffles conducted in any one calendar year
303 exceed one hundred thousand dollars ($100,000.00).
304 The award of any such prize money shall not be deemed to
305 be part of any gaming contract within the purview of section 11-14
306 of the Code of Virginia.
307 b. The total amount of bingo jackpot prizes awarded in
308 any one calendar day shall not exceed one thousand dollars
309 ($1,000.00).
310 C. Bingo games in which all the gross receipts from
311 players for that game are paid as prize money back to the players
312 shall be permitted, but there shall not be more than one (1) such
313 game per calendar day, per organization, and the prize money for
314 any such "winner-take-all" game shall not exceed one thousand
315 dollars ($1,000.00).
316
317 Section 4-92. Records to be maintained and reports to be filed by
318 organizations conducting bingo games and raffles.
319
320 (a) Each organization shall maintain a record in
321 writing of the dates on which bingo is played, the number of
322 people in attendance on each date and the amount of the receipts
323 and expenses for the day and prizes paid on each such day. The
324 organization shall also maintain a record of the name and address
325 of each individual to whom a door prize, regular or special bingo
326 game prize, raffle or jackpot from the playing of bingo or raffle
327 is awarded, as well as the amount of such award. The
328 organization conducting bingo games or raffles shall also
9
3 29 maintain an itemized record of all receipts and disbursements,
3 3 0 including operating costs and use of proceeds incurred in such
331 games or raffles, utilizing a uniform accounting system and report
332 format provided by the director of finance. Said records shall be
333 furnished to the director of finance or his designee upon request.
334 (b) Each organization shall maintain a separate
335 checking account into which shall be placed all receipts from
336 bingo games and raffies. Monies from other sources shall not be
337 placed or deposited into such account; neither shall monies from
338 said account be transferred into any fund or account containing
339 monies from other sources. Bingo/raffle proceeds may be
340 maintained in an interest-bearing fund or account, however, such
341 funds shall be transferred to the checking account prior to
342 disbursement. Withdrawals from said checking account shall be
343 made only by utilizing printed, sequentially numbered checks. All
344 disbursements from such accounts shall be supported by written
345 documentation as set forth in subsection (a) above. An
346 organization conducting no more than one (1) raffle per fiscal
347 year with net game receipts not exceeding five thousand dollars
348 ($5,000.00) shall be exempt from the requirements of this
349 paragraph.
350 (c) A sponsoring organization shall be responsible for
351 maintaininq records which support the purchase and sale of
352 regular bingo cards (handcards and papercards) and instant binqo
353 cards.
354 (d) All invoices related to the purchase of bingo
355 supplies shall be kept in date order for three (3) years
356 following the close of the fiscal year to which the records
357 apply.
358 (e) All purchases of bingo supplies in excess of ten
59 dollars ($10.00) shall be paid for by check; cash receipts for all
60 other purchases of supplies shall be retained.
61 (f) The recordkeeping system shall provide a way to
62 account for tickets used to control regular bingo handcard sales,
63 regular bingo papercards purchased and sold, and instant bingo
64 cards purchased and sold, and Prizes awarded on session dates.
10
3 6 5 (g) All prizes of more than one hundred dollars
366 ($100.00) shall be paid by checks drawn on the organization's
367 bingo checking account. Said checks shall be bank checks printed
368 and sequentially numbered. The organization's checking records
369 shall reflect the name and social security account number oE each
370 such prize recipient. All other prizes shall be receipted for by
371 the winners, recording each recipient's printed name, address and
372 social security number. Any prize winner or recipient who shall
373 provide a false name, address or social security number when
374 receipting Eor payment shall be guilty of a Class 1 misdemeanor.
375 @@ On an annual basis, and no later than December
376 31 of each calendar year, all monies, in excess of Eifteen (15)
377 percentum of the total net receipts (gross receipts minus game
378 expenses) Erom bingo or rafeles conducted during the past fiscal
379 year, shall be donated to and/or expended upon charitable
380 activities/projects. The director of finance or his
381 representative may approve the carryover and accumulation of funds
382 designated for specific charitable projects. Such accumulation
383 shall not normally exceed a period of two (2) additional fiscal
384 years; however, the director of finance may approve a longer
385 period in exceptional circumstances. A fiscal year shall be the
38 6 twelve-month (12) period from October 1 through September 30.
387 Complete records of such expenditures shall be maintained at all
388 times by organizations holding permits to conduct bingo or
389 raffles.
390 +d+ @ Should an organization cease for any reason to
391 be licensed to conduct bingo games or raffles, all accumulated net
392 receipts (gross receipts minus game expenses) shall be expended
393 for appropriate charitable activities or projects not more than
394 ninety (90) days after termination of the license, and a final
395 report of all receipts and disbursements as set forth in section
396 18.2-340.6 of the Code of Virginia shall be filed with the
397 director of finance not more than one hundred twenty (120) days
398 after said termination.
399 (j) All required records shall be maintained with the
400 permanent records of the organization for a minimum of three (3)
11
4 01 years after the close of a fiscal year to which they apply. if
402 any required records are lost, stolen, or otherwise misplaced or
403 destroyed, the organization shall notify the director of finance
404 in writing within two (2) days of discovering the missing records
405 giving the date of loss, a detailed description of the records
406 missing, and the circumstances surrounding the missing records.
407
408 Section 4-92.1. Conduct of bingo games and raffles.
409 (a) A bingo session shall correspond precisely to the
410 time frame of the organization's stated beginning and ending times
411 for bingo games. A bingo session can include a number of games.
412 At no tirne, shall more than one (1) bingo session be held
413 simultaneously.
414 (b) An organization shall not commence a bingo session
415 until the amount of all prizes to be awarded during that bingo
416 session are in the bingo checking account of the organization or
417 the manager or operator for the organization has reason to believe
418 and believes that sufficient receipts are available to pay prizes
419 when prize checks are presented for payment.
420 (c) Maximum seating capacity for each location where
421 bingo sessions are held shall be stated on the application for a
422 permit. Permits shall note the maximum seating capacity allowed.
423 When bingo sessions are in progress, any seating in excess of that
424 shown on the permit shall cause all bingo games to be suspended
425 until the appropriate seating capacity is maintained.
426 (d) A game shall be considered completed when "bingo"
427 has been called and verified. Callers, bingo operators or
428 managers, shall display on a board or similar device all numbers
429 constituting the winning "bingo." Prior to commencing the next
430 game players shall be given an opportunity to inspect the display.
431 The foregoing display provision shall apply equally to those
432 instances in which one card is used for dual or ti le
433
434 (e) An organization's binqo or raffle permit shall be
435 prominently displayed on the premises at which the game or drawinq
436 is conducted at all times during the game or drawing.
12
4 37 (f) No organization shall conduct a bingo game or
438 session or raffle other than as shown on the permit unless it has
439 notified the chief of police of the date, time and location of the
440 bingo game no later than forty-eight (48) hours prior to the time
441 the game or raffle is scheduled to commence. An organization
442 shall notify the chief of police of any postponement or
443 cancellation no later than forty-eight (48) prior to originally
444 reported time, or as soon as possible after such postponement or
445 cancellation is known.
446 (g) Any violation of this section may result in the
447 revocation of an organization's permit to conduct bingo games
448 and/or raffles.
449
450 Section 4-92.2. Instant Bingo-
451 Any organization qualified to conduct bingo games and
452 possessing a valid current permit is authorized to conduct instant
453 bingo as a part of such bingo game, subject to the following
454 conditions:
455 (1) Instant bingo may be conducted only at such
456 location and at such times as are specified in the bingo
457 application permit for regular bingo games.
458 (2) The gross receipts in the course of a reporting
459 year from instant bingo shall not exceed thirty-three and one-
460 third (33 1/3) percentum of the gross receipts of an
461 organization's entire binqo gross receipts.
462 (3) Any organization conducting instant bingo shall
463 maintain a record of the date, quantity and card value of instant
464 bingo supplies purchased as well as the name and address of the
465 supplier of such instant bingo supplies-
466 (4) No organization shall sell an instant
467 to any individual under sixteen (16) years of age. It shall be
468 the responsibility of the organization to verify the age of
469 players.
470 (5) Organizations shall maintain separate accounting
471 records for insta
472 receipts from instant binqo and shall be separate from
13
47 3 total gross receipts for bingo games and raffles during both
474 required quarterly and/or calendar reporting periods.
475 (6) Such instant bingo records shall be made available,
476 upon request to the director of finance.
477
478 Section 4-93. Prohibited practices.
479 In addition to those other practices prohibited by this
480 article, the following acts or practices shall also be prohibited:
481 a. No part of the gross receipts derived by an
482 organization permitted to conduct bingo games or raffles may be
483 used for any purpose other than (i) those lawful religious,
484 charitable, community or educational purposes for which the
485 organization is specifically chartered or organized, (ii) prize
486 and bona fide operating expenses and (iii) expenses relating to
487 the acquisition, construction, maintenance, or repair of any
488 interest in the real property involvinq the operation of the
489 organization and used exclusively for lawful religious,
490 charitable, community or educational purposes. Bingo or raffle
491 revenues may not be expended for food, beverages or entertainment
492 for game participants or for adult members of a sponsoring
493 organization.
494 b. No person except a bona fide member of any
495 organization who shall have been a member of such organization for
496 at least ninety (90) days prior to such participation may serve in
497 any capacity in the operation of bingo games or raffles. No
498 person shall receive any compensation,
499 C. No member of an organization shall be permitted to
500 manage, or work any bingo game or raffle for more than three (3)
501 organizations at any time; however, floor workers shall be exempt
502 from this exclusion.
503 d. No organization shall permit a person not a member
504 to enter into a contract with, or otherwise employ for
505 compensation any person, firm, association, organization,
506 partnership, or corporation or otherwise for the purpose of
507 organizing, managing or conductinq binqo games or raffles.
14
50 8 e . No organization conducting bingo games or raffles
509 in any location owned, leased or otherwise controlled by that
510 organization, shall, for the use of such facilities, expend from
511 bingo or raffle receipts more than the actual cost of utilities,
512 maintenance and support services incident to the conducting of
513 such games. For purposes of this article, auxiliaries and
514 subsidiary organizations are considered part of the parent
515 organization.
516 f. Permission to conduct bingo games between 12:00
517 midnight and 6:00 A.M may be denied or revoked by the city manager
518 upon his determination that the conduct of bingo sessions durin-a
519 such hours at the specified location is incompatible with public
520 safety and welfare or constitutes a nuisance.
521 g. No organization may hold bingo games more frequently
522 than two (2) calendar days in any one (1) calendar week, i.e.
523 Monday through Sunday, except under a special permit issued
524 pursuant to section 18.2-340.4 of the Code of Virginia and the
525 provisions of this article.
526 h. No location shall be utilized in whole or in part
527 for the purpose of conducting bingo games more frequently than two
528 (2) calendar days in any one (1) calendar week for a single
529 organization; however, the provisions of this section shall not
530 apply to the playing of bingo pursuant to a special permit issued
531 in accordance with law.
532 i. No organization shall enter into any contract or
533 otherwise employ or compensate any member of that organization for
534 the sale of bingo supplies or equipment.
535 j. The sale or qift of instant bingo supplies which
536 have been tampered with in any way, including seals broken on
537 packets, shall constitute a class 1 misdemeanor. Immediately
538 prior to or during a session, seals shall be broken and instant
539 bingo cards shall be thoroughly mixed and shuffled to insure
540 random distribution to players.
541 k. Nor person under the age of eighteen (18) years
542 shall participate in any capacity in the operation of any bingo
543 game or raffle, except as floorworkers.
15
5 4 4 1 . No individual under the age of sixteen (16) years
545 shall be permitted to play bingo during designated bingo sessions,
546 nor shall any individual under the age of sixteen (16) years be
547 permitted on the premises when bingo is conducted or while bingo
548 sessions are in process, or any raffle being held, unless
549 accompanied by a parent or legal guardian, or unless on the
550 premises solely for the purpose of operating refreshment
551 concessions. City officials shall have the right to check age and
552 veriey identification.
553 M. The destruction of any unsold regular, special, or
554 instant bingo materials shall be personally witnessed and
555 certified in writing by at least two officers of the organization,
556 other than the treasurer or games manager. The record of
557 destruction shall specifically identify each item destroyed.
558 n. No bingo game or raffle shall be conducted unless
559 all advertisiiig circulars, signs, posters, billboards or notices
560 of any other kind which advertise a bingo game or raffle includes
561 the name and address of the sponsoring organization and the
562 purpose or activity to which the proceeds de,rived from the
563 operation of the game or raffle are to be applied.
564 0. No prize shall be awarded to the winner of a bingo
565 game or raffle other than as advertised by the organization.
566 p. The sponsoring organization shall accept only cash
567 in payment of any charges or assessments for players to
568 participate in bingo games.
569
570 Section 4-94. Operation of bingo halls.
571 (a) Rental permits or leases for bingo halls shall be
572 in writing and shall be in compliance with both state statutes and
573 this article and shall be available for inspection by city
574 officials upon request. Copies of said rental permits or leases
575 shall be available on the premises when bingo sessions are in
576 progress and shall be available at the principal office locations
577 of the organization. A copy of such permits or leases shall be
578 forwarded by the organization to the city manager, not later than
579 ten (10) days after the commencement of the term of the lease.
16
580 All bingo halls not the property of the organization shall be used
581 only pursuant to a written permit or lease.
582 (b) On an annual basis, and no later than June 30 of
583 each calendar year, all operators and owners/lessors of bingo
584 halls shall file with the city manager the names and addresses oE
585 the owners of said bingo halls. IE such owners be other than
586 natural persons, all individuals having an ownership and/or
587 security interest in such entities, including operators and
588 directors, shall be listed. Any changes to the filed listings
589 must be reported to the city manager within thirty (30) days after
590 the change occurs.
591 (c) Complete an(-9 accurate records of all bingo hall
592 receipts shall be maintained by operators of bingo halls at a
593 specieied location and shall be made available for inspection by
594 the business license auditor and or/other designated city
595 officials.
596 (d) No person, firm, association, organization,
597 partnership, or corporation shall pay or receive for rental of any
598 location devoted, in whole or in part, to the conduct of bingo
599 games or raffles any consideration in excess of the current fair
600 market rental value of such property. For purposes of this
601 section, no fair market rental value consideration shall be based
602 upon operation of bingo games or raffles nor shall such
603 consideration be based upon or determined by any reference to the
604 number of people in attendance at such bingo games or raffles.
605 Each day in violation of this section shall constitute a separate
606 offense. Evidence of fair market rental value may be based upon
607 the (1) most current real estate assessment records, (2) most
608 current state ratio assessment data and (3) most recent cost of
609 living (COL) index data. Current real estate assessment data may
610 be subject to a reasonable percentage increase as indicated by
611 state ratio assessment and cost of living index data. With
612 specific reference to Eair market rental value it shall be
613 assumed that such determination is based upon a property's use
614 for a month in a regular business setting. In no instance, shall
615 fair market rental value be computed or charged on an hourly
17
616 basis. Rental may be computed or charged on a per-game basisi
617 dividing the monthly fair market value of the property by the
618 average number of games held on the premises each month.
619 (e) No lease or rental agreeittent for aiiy bingo hall or
620 other property devoted, in whole or in part, to the conduct of
621 bingo games or raffles, shall require an organization to purchase
622 bingo/raffle supplies and equipment from any specified
623 organization, individual or source. Any lease or rental agreement
624 which includes the use of bingo or lottery equipment or the
625 provision of any services other than utilities and normal building
626 maintenance, shall specifically itemize the cost of equipment
627 rental and services, separate from the cost of rental of the
628 premises.
6 2 9 (f) Failure to comply with the requiremeiits of this
630 section or the providinq of false or incomplete information shall
631 constitute a class 1 misdemeanor and shall result in the
632 suspension of use of the premises for binqo games by any
633 organization.
634
635 Adopted by the Council of the City of Virginia Beach,
636 Virginia, on the 3rd day of July 1988@
637
638 WEB/epm/lmt
639 05/27/87
6 4 0 10/19/87
641 11/13/87
6 4 2 01/04/88
64 3 01/14/88
644 03/22/88
645 05/06/88
6 4 6 05/17/89
647 05/22/89
648 06/23/89
649 06/26/89
650 06/27/89
651 CA-02285
652 \ordin\proposed\04-085etc.pro
18
- 33 -
Item V-H.3
ORDINANCES/RESOLUTION ITEII # 31495
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution authorizing the issuance of Ninibonds of
the City of Virginia Beach, Virginia, in the
maximum amount of $2,000,000 in conjunction with
the City's next regular General Obligation Bond
sale scheduled for the Fall of 1989.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
A RESOLUTION TO PURSUE
THE ISSUANCE OF MINIBONDS
WHEREAS, in April 1988, the city held a successful
minibond sale that provided $2,000,000 for various street and
highway projects, and
WHEREAS, Council has received information on a second
minibond sale from the city's financial advisors and city staff,
including the related administrative costs, and
WHEREAS, Council perceives the minibond program as a
viable financing option that has a positive impact in the
connunity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager and the staff of the
Department of Finance are requested to proceed with planning for
an issuance of minibonds, not to exceed $2,000,000, to be issued
in conjunction with the city's next regular general obligation
bond sale scheduled for the Fall of this year.
Adopted by the Council of the City of Virginia Beach,
Virginia on the Third day of July , 1989.
- 34 -
Item V-T.
CONSENT AGENDA ITEM # 31496
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED in ONE MOTTON Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
- 35 -
Item V-1. 1.
CONSENT AGENDA ITEM # 31497
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to authorize the City Manager to apply
for Share-Homeless lntervention Funds.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
ORDINANCE TO AUTHORIZE THE CITY MANAGER TO APPLY FOR
SHARE - HOMELESS INTERVENTION FUNDS
WHEREAS, the Commonwealth of Virginia, Department of Housing
and Community Development has issued a notice of funding
availability and has requested applications under the SHARE-
Homeless Intervention Program.
WHEREAS, assistance is needed to effectively and adequately
address the housing needs of homeless persons and to help
prevent homelessness in the City of Virginia Beach; and
WHEREAS, a SHARE - Homeless Intervention Program Application
for a grant under this program has been prepared.
WHEREAS, Aubrey V. Watts, Jr., City Manager can act on
behalf of the City of Virginia Beach, Virginia and will sign all
necessary documents required to complete the grant transaction.
NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City
of Virginia Beach, Virginia hereby authorizes the City Manager to
apply for and accept the grant and enter into a Grant Agreement
with the State Department of Housing and Community Development
and perform any and all responsibilities in relation to such
Agreement.
Adopted by Council this Third day of July 1989.
APPROVED AS TO CONTENTS:
Mary@/j/. Ustick, D
Depart@nt of Housing and
Community Development
APPROVED AS TO FORM: A@
Cft-y Attorr;6y
- 36 -
Item V-1.2.
CONSENT AGENDA ITEVI # 31498
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to TRANSFER funds from within the
Department of Public Work's FY 1988-89 Operating
Budget:
a. $208,000 to the Division of Waste Management,
Waste Disposal (10311), due to increased
collections from residences and commercial
establishments.
b. $296,000 to the Division of Waste Management,
Waste Collection (10312) due to the increased
growth of vegetation and increased services.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold fleischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
I AN ORDINANCE TO TRANSFER $208,000 FROM WITHIN THE DEPARTMENT
2 OF PUBLIC WORK'S FY 1988-89 OPERATING BUDGET TO THE DIVISION
3 OF WASTE MANAGEMENT, WASTE DISPOSAL (10311), DUE TO INCREASED
4 COLLECTIONS FROM RESIDENCES AND COMMERCIAL ESTABLISHMENTS
5 WHEREAS, the Waste Disposal unit (10311) of the Public Works
6 Department, has experienced a substantial increase in the volume of waste
7 processed through the Southeastern Public Service Authority (SPSA), due to the
8 increased collections from residences and commercial establishments;
9 WHEREAS, this increase has resulted in the Waste Disposal's FY
10 1988-89 Operating Budget exceeding available appropriations by $208,000;
11 WHEREAS, there is sufficient funding available within the Department
12 of Public Work's FY 1988-89 Operating Budget, due to savings in capital outlay
13 purchases and Virginia Power electrical rates to fund this transfer.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $208,000 be transferred within the
17 Department of Public Works to cover the shortages in the Waste Disposal unit.
18 Adopted by the Council of the City of Virginia Beach, Virginia, on
19 the Third day of July 1989.
APPROVED /,,'i TC,@ i r@@.1-
SUFr@ICIE'@l--Y ili,@D
1 AN ORDINANCE TO TRANSFER $296,000 FROM WITHIN
2 THE DEPARTMENT OF PUBLIC WORK'S FY 1988-89 OPERATING BUDGET
3 TO THE DIVISION OF WASTE MANAGEMENT, WASTE COLLECTION (10312),
4 DUE TO INCREASED GROWTH OF VEGETATION AND INCREASED SERVICES
5 WHEREAS, the Waste Collection unit (10312) of the Public Works
6 Department, has experienced a substantial increase in the amount of refuse placed
7 out by residences and commercial establishments, due primarily to the increase
8 in the growth of vegetation and the disposal of yard debris;
9 WHEREAS, the school system has requested increase services through
10 the School Dumpster Contract;
11 WHEREAS, these increases have resulted in the Waste Collection's
12 FY 1988-89 Operating Budget exceeding available appropriations by $296,000;
13 WHEREAS, there is sufficient funding available within the Department
14 of Public Work's FY 1988-89 Operating Budget, due to savings in capital outlay
15 purchases and Virginia Power electrical rates to fund this transfer.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That funds in the amount of $296,000 be transferred within the
19 Department of Public Works to cover the shortages in the Waste Collections unit.
20 Adopted by the Council of tbe City of Virginia Beach, Virginia, on
21 the Third day of July 1989.
APF,Ro"/ii@ A'@ TL)
,@UFFI.-iENCY
- 37 -
Item V-I.3.
CONSENT AGENDA ITEM # 31499
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED:
LOW BIDS:
a. Suburban Grading & Utilities, Inc. $1,472,420.00
Contract T - Broad Bay Colony
Sewer and Water Distribution Facilities
CIP 6-935
b. Crowder Contracting Company, Inc. $ 132,700.00
Contract II - Broad Bay Colony Pump Station
CIP 5-039
c. Utility Builders, Inc. $ 834,589.50
Contarct II - Great Neck Point
Distribution Facilities
CIP 6-942
d. Van de Riet Construction Company, Inc. $ 232,861.00
Contract III - Great Neck Point Sewer Pump Stations
CIP 5-022
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
- 38 -
Item V-I.4.
CONSENT AGENDA ITEM # 31500
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED:
BINGO PERMIT:
TTDEWATER VOLLEYBALL ASSOCTATTON
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, i@layor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 39 -
Item V-I.5.
CONSENT AGENDA ITEM # 31501
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing tax refunds in the amount of
$1,211.53, upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
RM.NO. C. A. 7 6/20/89 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 TFIE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- I)Ite Penalty Int. Total
Y ear of Tax Ntimber tion No. P a id
Leon V Amis 89 RE(1/2) 2373-9 12/30/88 27.70
Project Management Inc 89 RE(1/2) 105909-3 1/9/89 448.97
Fireman's Fund Mortgage Corp 89 RE(1/2) 109412-5 12/5/88 16.57
Cenit Bank 88 RE(1/2) 77453-5 12/5/87 82.87
Cenit Bank 88 RE(2/2) 77453-5 6/5/88 82.87
Mutual Federal S&L 87 RE(1/2) 74680-8 12/5/86 73.61
Mutual Federal S&L 87 RE(2/2) 74680-8 6/5/87 73.61
Mutual Federal S&L 86 RE(1/2) 70147-4 12/5/85 65.74
Mutual Federal S&L 86 RE(2/2) 70147-4 6/5/86 65.74
First Union Mortgage Corp 89 RE(1/2) 110089-5 11/30/88 53.69
First Union Mortgage Corp 88 RE(1/2) 107169-5 12/5/87 30.03
First Union Mortgage Corp 88 RE(2/2) 107169-5- 6/3/88 30.03
First Union Mortgage Corp 87 RE(1/2) 103286-3 11/17/86 19.15
First Union Mortgage Corp 87 RE(2/2) 103286-3 6/5/87 19.15
Melvin A & Marilyn Peeler 88 RE(2/2) 84877-9 6/5/88 41.36
Melvin A & Marilyn Peeler 87 RE(2/2) 81954-2 5/11/87 37.72
Melvin A & Marilyn Peeler 86 RE(1/2) 77107-7 12/5/85 18.86
Melvin A & Marilyn Peeler 86 RE(2/2) 77107-7 5/28/86 18.86
J R Leigh 89 Dog V10340 5/2/89 5.00
Total 1,211.53
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1,211.53 _ e@re approved by
the Council of the City of V,*ry@,nia
Beach on the-3 day of J. Y,
1989 reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
j-
@p
- 40 -
Item V-J.1/2/3
APPOINTMENTS ITEM # 31502
By CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
ADVERTISING ADVISORY REVIEW COMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
RESORT AREA ADVISORY COMMISSION
- 41 -
Item V-J.4
APPOINTMENTS ITEM # 31503
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED:
BOARD OF BUILDING CODE APPEALS
Plumbing and Mechanical Division
Fred L. Berkheimer
(Unexpired term to 12/31/90)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Flenley, Reba S.
McClanan, John D. ?4oss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 42 -
Item V-J.5.
APPOINTMENTS ITExf # 31504
Upon NOMINATION by Councilman Balko, City Council APPOINTED:
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
Walter E. Mather
(3-year term 7/1/89 - 6/30/92)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
- 43 -
Ttem V-J.6.
APPOINTMENTS ITEM # 31505
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
TIDEWATER REGIONAL GROUP HOME COMMISSION
Bruce E. Bright
(4-year term 7/1/89 - 6/30/93)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, 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:
John A. Baum
- 44 -
Item V-K.l.
UNFINISHED BUSINESS ITFII # 31506
ADD-ON
Councilman Moss advised the appropriateness of the citizens being afforded the
opportunity to express their willingness to finance mass transportation and to
make the associated changes to the Comprehensive Land Use Plan relative that
proposal.
Acting City Attorney Kevin Cosgrove discussed the voting requirements for the
passage of an Advisory Referendum Resolution with bond counsel and has been
advised a "majority of Council Members present and voting" is required. Under
ordinary circumstances, that means six (6) affirmative votes are necessary.
Councilman Moss referenced the proposed SCHEDULE for the ADVISORY REFERENDUM,
suggested by Acting City Attorney Kevin Cosgrove:
July 30 Notice of PUBLIC REARING published
August 6 Second Notice of PUBLIC HEARING published
August 14 PUBLIC HEARINC
August 21 ADOPTION of Resolution requesting an order for a
special election for a Light Rail Advisory
Referendum.
August 22 File Resolution with the Court and entry of Court
Order calling for a special election.
August 22-25 Send request for pre-clearance to Department of
Justice along with School Bond Referendum Request
November 7 Election Day
Councilman Moss reiterated the two possible questions to be posed on the
BALLOT:
Should the City of Virginia Beach consider adoption
of an Ordinance raising its taxes to generate an
initial $2-MILLION annually and such future tax
increases as required to provide an operational
subsidy for a light rail system from the Virginia
Beach Pavilion to Downtown Norfolk?
Should the City of Virginia Beach consider adoption
of Ordinances modifying its Comprehensive Land Use
Plan to support and recommend up to twenty-five
(25) residential units per acre and supporting and
recommending significant increases in commercial
development within a 'half mile of the light rail
system and raising the required taxes to suport the
increased density?
Councilman Moss distributed PROPOSED DRAFTS of Ordinances Amending the Tax Levy
on Real Estate.
The appropriate Ordinances and Resolutions regarding Light Rail Transit as
"Mass Transit" in Virginia Beach shall be SCHEDULED for the City Council Agenda
of July 10, 1989
- 45 -
Item V-M. 1.
ADJOURNMENT ITEM # 31507
Upon motion by Councilman Sessoms and BY CONSENSUS, City Council ADJOURNED the
Meeting at 6:45 P.M.
Beverl,@0. Hooks
Chief Deputy City Clerk
R h 14.,18@. S@.,Ih, CMC
City Clerk
City of Virginia Beach
Virginia