HomeMy WebLinkAboutMAY 12, 1992 MINUTES
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May 12, 1992
ITEM 1. CITY MANAGER'S BRIEFINGS - Council Chamber - 12: NOON
A. CHESAPEAKE BAY PRESERVATION ACT
Louis E. Cullipher, Director, Natural Resources and Rural Services
B. CRUISING ORDINANCE
C. Oral Lambert, Jr., Chief of Staff
ITEM 11. INFORMAL SESSION - Council Chamber - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Paul Kettner
Hope Lutheran Church LC-MS
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSION - April 28, 1992
2. FY 1992-1993 BUDGET PUBLIC HEARING - April 30, 1992
G. PRESENTATION
1. RESOLUTION SAM MEYERS DAY
Howard S. Myers, Jr.
Requested by Mayor Meyera E. Oberndorf
Councilman Harold Heischober
H. COUNCIL COMMITTEE REPORT
1. 1986 BOND REFERENDA
William A. Schllmgen, Chairman
1. CONSENT AGENDA
Al I matters 1 i sted under the Consent Agenda are cons ! dered in the
ordinary course of business by City Counci I and w! I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution to appoint the Director of Finance as the City's
Designee re Declarations of Official Intent in compliance with
IRS Regulations 26 C.F.R., Section 1.103-18.
2. Resolution approving application to the State Board of Education of
Virginia re loan of $2,500,000 from the Literary Fund to the
School Board of the City of Virginia Beach; and, City to include
this amount in its tax levies and appropriate to the School Board
of the City of Virginia Beach sufficient funds to meet
School Board's debt service on this loan.
3. Ordinance to ACCEPT and APPROPRIATE a $91,850 Grant from the
Virginia State Library and Archives to the Circuit Court Clerk's
office re equipment and support costs to transfer Land Records to
Optical Disks; and, the total appropriation be offset by $91,850 in
estimated revenues from the Commonwealth.
4. Ordinance to APPROPRIATE $3,750 from the fund balance of the
Francis Land Trust Fund re offset printing expenses of a
promotional brochure.
5. Ordinances authorizing TRANSFERS from the Economic Development
Investment Program Account to the Development Authority re on-site
infrastructure improvements:
a. $600,000 C & P Telephone Company's Eastern Virginia
Reglonal Headquarters and Administrative
Office Building
($300,000 1992-1993)
($300,000 1993-1994)
b. $ 15,000 - Ticketmaster-New York, Inc.'s regional headquarters
and telephone center.
6. Ordinance to TRANSFER $88,335 from Project 12-984 Seatack Street
Improvements-Phase IIB re upgraded construction cost of Bells Road.
7. Ordinance to TRANSFER $32,000 within Department of Public Works FY
1991-1992 Budget re purchase of computer-aided drafting and design
(CADD) workstation with sottware; and, eliminate one (1) vacant
drafting technician position.
8 . Ordinance, authorizing a temporary encroachment into a portion of
the right-of-way of Sea Breeze Point Trail to Robert C. and Judy C.
Barker re construction and maintenance ot two 41 x 41 brick columns
(LYNNHAVEN BOROUGH).
9. Ordinance authorizing tax refunds in the amount of $562-39.
J. ORDINANCES
1. FY 1992-1993 BUDGET APPROPRIATIONS
a. Ordinance making APPROPRIATIONS for the Fiscal Year beginning
July 1, 1992 and ending June 30, 1993, in the sum of Six
Hundred Sixty-six Million, One Hundred and Forty-three
Thousand, Eighty-eight Dollars ($666,143,088) for Operations
and Two Hundred Forty Million, Eight Thousand, Seven Hundred
Fifty-eight Dollars ($240,008,758) in lnterfund Transfers and
regulating the payment of money out of the City Treasury, as
amended.
b. Ordinance establishing the tax levy on real estate for
Tax Fiscal Year 1993.
c. Ordinance establishing the tax levy on personal property and
machinery and tools for Calendar Year 1993.
d. Ordinance authorizing the City Manager to suspend salary
Increases for employees eligible to receive merits and
promotions re Sections 2-109 and 2-110 of the Code of the City
of Virginia Beach tor the Fiscal Year 1992-1993 as per
Section 2-87.1.
e. Ordinance authorizing the City Manager to transfer excess
appropriations to Reserve for Contingencies re use in funding
unanticipated expenditures.
f. Ordinance to AMEND and REORDAIN Section 2-109.1 ot the Code of
the City ot Virginia Beach, Virginia, re merit leave.
g. Ordinance to AMEND and REORDAIN Sections 8-10, 23-48 and
23-50.1 of the Code ot the City of Virginia Beach, Virginia, re
unsafe structures, open storage of dilapidated equipment and
removal of diseased trees.
h. Ordinance to AMEND and REORDAIN Section 31-61 of the Code of
the City of Virginia Beach, Virginia, re Increased charge for
depositing solid waste.
i. Ordinance authorizing the City Manager to establish and charge
fees re use of computerized dial-up services to access the
City's assessment files.
j. Resolution authorizing the City Manager to reorganize existing
structure of City Operations with continuing analyzation of
same.
k. Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the
City ot Virginia Beach, Virginia reflecting changes required by
reorganization of the City Administration.
K. PUBLIC HEARING
1. PLANNING BY CONSENT
a. Petition of HOLL014AN BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC.
for the discontin nce, closure and abandonment ot a portion of
Pri r 7 feet East of
Gen( ulevard, containing 4,564 square feet
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Application of FIRST FILIPINO BAPTIST CHURCH and ERNESTO
ANDRADA, JR. f or a Cond itio" I @sdee Perm'loti for a church and
related activities on the South si of H land Ro d, West of
Monet Dr-ive (2969 Holland Road), containing 2.25 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
c. Application of SAINT LUKE'S UNITED METHODIST CHURCH BOARD OF
TRUSTEES for a nditional Use Permit tor a church at the
Northeast corne and St ne hore Road
(3396 Stoneshore Road), containing 3 acres (PRINCESS ANNE
BOROUGH).
Recommendation: APPROVAL
d. Application of ORTHODOX CHRISTIAN MISSION OF TIDEWATER for a
Conditional Use Permit for a church on the East side of Gammon
Road, 204 teet North of Indian River Road (824 Gammon Road),
containing 31,558 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application ot M. R. and MARY R. WELCH for a Conditional Use
Permit for a contractor's eq d on the North
side of ind.@try Lane, 27 ntral Drive,
containing 1.8 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
2. PLANNING
a. Application of R. G. MOORE BUILDING CORPORATION for a
modification to the Ocean Lakes Master Plan to allow townhouse
develop ent *in I elopment on Parcel
A-2 on the East side of Bold Ruler Drive, 1564.9 feet South of
Dam Neck Road, containing 20.791 acres (PRLNCESS ANNE BOROUGH).
Deferred: April 14, 1992
Recommendation: APPROVAL
Staff recommends DEFERRAL to May 26, 1992
b . Applications of H. WAYNE and BARBARA C. McGRAW re property in
the AG-2 Agricultural District at 2860 West Landing Road,
containing 30,927.6 square teet (PRINCESS ANNE BOROUGH):
Variances to the Subdivision Ordinance:
Section 4.4(b) which requires that all lots created by
subdivision meet all requirements of the City Zoning
Ordinance;
Section 4.4(d) which requires al I lots created by
subdivision to have access to a public street;
AND,
Conditional Use Permit for a single family dwelling.
Rec(>mmendation: APPROVE BOTH APPLICATIONS
c. Application of TIDEWATER AUTOMOTIVE CENTERS, INC. f or a
Conditional Use Permit for an automotive repair establishment
at 5166 Princess nne Road, Unif #I, Carolanne Shopping Center,
containing 3,300 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
d. Application of CRW, INC. for a Conditional Use Permit for a
borrow pit on the South side of Indian River Road, 2870 feet
more or less West of West Neck Road (2765 Indian River Road),
containing 35.066 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
e. Applications of PLEASANT ACRES, LTD. and RIVER WALK
DEVELOPMENT, INC. f or Conditional Zoning Classifications
(PRINCESS ANNE BOROUGH):
1. AG-1 Agricultural District to R-7.5 Residential District
600 feet South of Holland Road beginning at a point
550 f eet more or less West of Christopher Farms Drive,
containing 46.59 acres.
2. AG-1 Agricultural District to R-7.5 Residential District on
property 600 feet South of Holland Road beginning at a
point 2200 feet more or less West of Christopher Farms
Drive, containing 3.34 acres.
3. AG-2 Agricultural District to R-7.5 Residential District on
the South side of Holland Road beginning at a point
550 feet more or less West of Christopher Farms Drive,
containing 15.32 acres.
4. AG-2 Agricultural District to R-7.5 Residential District on
the South side of Holland Road beginning at a point
1760 feet more or less West of Christopher Farms Drive,
containing 14.32 acres.
Recommendation: APPROVE ALL APPLICATIONS
L. APPOINTMENTS
EROSION COMMISSION
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution expressing support for the "Rol I Patrol" concept to
assist the Police at the Resort Area.
(Sponsored by Councilman William D. Sessoms, Jr.)
b. Resolution to recognize and commend law enforcement personnel
and City Prosecutors for superior performance in the case of
the tragic murder of two young boys within the City.
(Sponsored by Councilwoman Reba S. McClanan)
0. ADJOURNMENT
5/7/92 gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach. Virginia
May 12, 1992
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANAGER'S BRIEFINRS in the Council Chambers, City Hall Building, on
Tuesday, May 12, 1992, at 12:00 NOON.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 2 -
C IT Y MANA GE R ' S B R I E F IN G
FY 1992-1993 OPERATING BUDGET
ITFM # 35570
12:00 P.M.
The City Manager referenced proposed amendments to the FY 1992-1993 OPERATING
BUDGET. In order to provide additional funding to the schools to implement
programs proposed in the School Board Budget, the City is proposing a total
funding level for the schools of $312,800,160. This would entail utilizing
$1,500,000 of the CIP's "Pay-As-You-Go Funding". The fund balance returned to
the City from the Schools, currently estimated in the range of $2 to $3-MILLION
would be used to refund this "Pay-As-You-Go Funding" and not for any Operating
Expenses. This provision shall be incorporated into a Resolution for City
Council's Adoption during the Formal Session.
AMENDMENTS
APPROPRIATIONS:
Total Proposed Budget Amount $ 666,143,088
ADDITIONS:
Fully Fund the Bookmobile and
Restore Positions $ 67,000
Match State Environmental Grant 15,000
Match the State Clean Community
Grant, Restore Coordinator Position 18,000
Change COIG Allocations and Provide/Increase
Funding as Follows:
Samaritan House $19,000
Resource Mothers $30,000
Hospice of Virginia Beach $ 4,000
**Judeo-Christian Outreach $ 5,000
**Tidewater Aids Task Force $ 275
COTG Reserve $ (215) 58,060
Change Compensation for City and School
Employees to 2% on July First with no Cap;
AND, 2.5% on January First capped at $1,200;
a *$20 per month increase in Health Insurance
effective on January 1, 1993. 2,411,268
Other Increases to School Operating Budget 1,300,000 $ 3,869,328
Total Additions
Other Changes:
Reallocation of School's CIP
Pay-As-You-Go Funding (1,500,000)
Total Council Amended Appropriations 512 416
*Councilman Jones wished the $20 per month to be utilized as an increase in
Health Insurance and not utilized as performance bonuses as proposed by the
School.
Councilwoman McClanan suggested the overtime be reinstated to the police and
firemen. The amount needed to fund the overtime positions of the FLSA be
extracted from the Eastern Virginia Medical School, which would entail
approximately $400,000 city-wide. Vice Mayor Fentress referenced correspondence
from the Eastern Virginia Medical School, which he believed justified the
contribution from the City.
- 3 -
C IT Y MANA GE R ' S B R I E F IN G
FY 1992-1993 OPERATING BUDGET
ITEM # 35570 (Continued)
E. Dean Block, Assistant City Manager for Economic Management, advised
firefighters work a 27-day shift, which means they typically work one 24-hour
period at the firestation and then off two 24-hour periods on a cycle of 27
days. Approximately 6 hours are built into this sequence, which, in effect,
constitutes "overtime". If a firefighter, took annual leave during one of these
27-day cycles, the firefighter would lose this "overtime". If they did not take
annual leave during this 27-day period, the firefighter would not lose his
flovertime". Under the Fair Labor Standards Act, certain types of salaried
individuals can be defined as not coming under the Act. The City staff reviewed
all the Budget Classifications and identified 480 positions in various job
classifications ranging predominately in the professional areas and including
some supervisory personnel. None of whom are in uniform services. These
positions are proposed to be shifted from being Eligible for Overtime to being
Ineligible for Overtime. Councilman Sessoms suggested keeping the Ilovertime"
for t@e "rank and file" employee and transfer these funds from the Contingency
fund rather than the Eastern Virginia Medical School.
Councilman Heischober expressed concern relative the legality of the City's
changes to the FLSA. Mr. Block advised the City Attorney's Office has given
guidance to these policy changes. Assistant City Attorney Randall Blow advised
the City is conforming to the Fair Labor Standards Act.
Councilman Jones referenced correspondence received from Dr. C. Donald Combs,
Vice President of Institutional Advancement - Medical College of Hampton Roads,
and requested clarification of the 20,000 office visits generated by indigent
patients and the cost to the school of $2.1-MILLION. Mr. Block referenced Page
7-2, Section 07014 Contractual Health Services, and cited one of the objectives
as being to provide funds for basic pharmacy, laboratory and supply support to
serve 2,140 indigent adults in the Adult Medical Clinic sponsored with the
Medical College of Hampton Roads.
Mayor Oberndorf referenced correspondence from Dr. Edward E. Brickell,
President - Medical College of Hampton Roads, in response to contributions to
the Medical School. Dr. Brickell advised, relative the contributions of the
seven (7) Hampton Roads Cities to the Eastern Virginia Medical School: "The
original agreement between the School and the Municipalities had nothing to do
with service per se, but rather revolved around the City's willingness to
subsidize medical education because of the spin off economic and other benefits
accruing to the area."
Dr. Brickell, in attendance during the City Council Session, advised the 20,000
office visits generated by indigent patients and the cost to the school of
$2.1-MILLION were Virginia Beach residents.
*"Mayor Oberndorf referenced her Memorandum requesting funds be provided to the
Judeo-Christian Shelter with the $5,000 already existing in the budget for the
Hospice support services, no longer in existence, and $275 be transferred to
the Tidewater Aids Crises Task Force.
Councilwoman McClanan requested an Amendment to a Resolution to reorganize the
existing structure of City Operations. Under Section 2-275, Issuance of stop-
work orders, page 6, Line 188. Councilwoman McClanan requested the specific
reasons for the stop-work order also be stated.
- 4 -
ITEM # 35571
BY CONSENSUS, City Council RESCHEDULED the CHESAPEAKE BAY PRESERVATION ACT and
CRUISING ORDINANCE BRIEFING to the Formal Session of City Council.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 35572
Counci lwoman McCianan referenced the newspaper articles relative the Police
promotional process involving the Sergeant's exam. The City Attorney advised
Councilwoman McClanan, under the Code of Virginia, and unless involving
specific personnel, a report concerning this promotional process can not be
given in Executive Session
Therefore, Councilwoman McCianan requested the City Manager provide a report
to City Council to enable Council Members to respond to these newspaper
articles.
- 6 -
ITEM # 35573
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bul lding, on
Tuesday, May 12, 1992, at 1:12 P.M-
Council Members Present:
John A. BAUM, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 35574
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Erosion Commission
Greenways, Trails and Bikeways Committee
Virginia Beach Community Development Corporation
City Manager's Water Task Force
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit: Acquisition of property for a public purpose - Burton Station
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 12, 1992
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 Tuesday, May
12, 1992, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Paul Kettner
Hope Lutheran Church LC-MS
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item Ill-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35575
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
bnly public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identif led in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Cl yburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
16
at,so it tott
CERTIFICATION OF EXECUTIVE SESSIQN
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECLITIVE
SESSION, pursuant to the affirmative vote recorded i, ITEM # 35574,
Page No. 7, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
@th Hodgds Smith, CMC/AAE
City Clerk May 12, 1992
- 10 -
Item III-F.l.
MINUTES ITEM # 35576
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 28,
1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clyburn
Council Members Absent:
None
Councilman Clyburn ABSTAINED as he was not in attendance during the City
Council Session of April 28, 1992.
1
Item 111-F.2.
MINUTES ITEM # 35577
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED the Minutes of the PUBLIC HEARING of April 30, 1992.
The City Clerk advised Counci Iman Lanteigne the
reason for his absence (Teaching a "Supervisors
School" at Longwood Col lege) was made clear during
the PUBLIC HEARING of April 30, 1992.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
None
Counci I Members Brazier and Lanteigne ABSTAINED as he was not in attendance
during the City Council Session of April 30, 1992.
- 12 -
Item 111-F.3.
ABSTRACT OF VOTES ITEM # 35578
ADD-ON
Upon motion by Counci iman Heischober, seconded by Vice Mayor Fentress, City
Counc i I APPROVED ADD I NG TO THE AGENDA and ACCEPT I NG as a part of the Pub I i c
Record:
ABSTRACT OF VOTES for the Counci Imanic Election of
May 5, 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
ABSTRACT OF VOTES cast in the City of Virginia Beach, Virginia, at the
May 5, 1992 General Election, for:
Mayor
enter appropriate office title and, if applicable, Borough, District or Ward
Total Votes
Received
Names of Candidates (In Figures)
Mark S. Bailey 12,343
Reba S. McClanan 18,153
Meyera E. Oberndorf 25,153
Bozo 1
Linwood O. Branch 2
James V. Card 1
Richard Cranium 1
Robert Cumming 1
Edd Davin 2
John Denver 1
(continue on reverse side, if needed)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received
the greatest number of votes cast for the above office in said election:
Meyera E. Oberndorf
Given under our hands this 7th day of May, 1992.
A copy irman
Chairman
Secre@
@3"1@-@SecretaryElectoralBoard
City of Virginia Beach May 5, 1992
General Election
Mayor Page 2 of 3
enter appropriate office title and, if applicable, Borough, District or Ward
Total Votes
Received
Names of Candidates (In Figures)
Tracey Dinnwiddi 1
Giles Dodd 1
John Doe 1
Donald Duck 1
Robert B. Engesser 2
Sidney Faucette 1
Robert E. Fentress 2
Beth Hauser 1
Christopher M. Haushalter 1
H. Heischober 1
Anne J. Henry 1
Robert Ingram, III 1
Ronda Gail Koepf 1
Libertarian Candidate 1
Rush Limbaugh 1
Delceno C. Miles 1
John Moss 1
Mickey Mouse 1
May 5, 1992
City of vircr@a aci General Election
mayor Page 3 of 3
enter appmp@ o@ tf appixable, BomLgh, Dis@ or wwq
74W vam
an
Clifton Nelsen 1
None of them 1
NOTA 1
Lou Pace 1
H. Ross Perot 2
Paul Andrew Petry 1
Brad Pully 1
Robert Purkey 1
Robert R. Richards 1
Marty Schman 1
James L. Simmons 1
Albert Smith 1
Tom Sorter 1
Dr. George Sweet 1
Angela Swinson 1
Va. Beach Is Destroyed 1
Wavy Gravy 1
ABSTRACT OF VOTES cast in the City of Virginia Beach, Virginia, at the
May 5, 1992 General Election, for:
Member, City Council (Blackwater Borough) (1 seat)
enter appropriate office title, and, if applicable, Borough, District or Ward
Total Votes
Received
Names of Candidates (In Figures)
John A. Baum 22,606
Gloria K. Jasinowski 13,500
Delceno C. Miles 16,140
Jack Amos 1
Al Balko 1
Robert Bencinigna 1
Pat Bouchanan 1
E.T. "Joe" Buchanan 1
Buggs Bunny 1
Robert H. Caldwell 1
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a tru and correct Abstract
of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received
the greatest number of votes cast for the above office in said election.
John A. Baum
Given under our hands this 7th day of May, 1992.
A mpy teste: Chairman
Vice C@rman
Secretary
Secretary, Electoral Board
City of Virginia Beach May 5, 1992
General Election
Member, City Council (Blackwater Borough) Page 2 of 2
enter appropriate office title and, if applicable, Borough, District or Ward
Total Votes
Received
Names of Candidates (In Figures)
Susan Carter 1
Edd Davin 1
John Doe 2
Mary Jo Engesser 1
Goofey 1
Tommy Griffith 1
Craig Hayer 1
Barbara Henley 1
Ty Hicks 1
None of the above 1
NOTA 1
Ruth Platt 1
Pat Robertson 1
Save Va Beach 1
Michael K. Stallings 1
ABSTRACT OF VOTES cast in the City of Virginia Beach, Virginia, at the
May 5, 1992 General Election, for:
Member, City Council (Princess Anne Borough) (1 seat)
enter appmp@ o@ title an4 if pplicble, Romugh, Dii@ or WaM
Total Vot"
@ved
N@s of Candidates an Pigums)
Thomas W. "Tom" Abbott 17,979
Robert K. Dean 21,643
Jonas Larry, Jr. 3,614
Louis Miles "Lou" Pace 6,677
Al Balko 1
Robert Bencinigna 1
James S. Brent, III 1
E.T. "Joe" Buchanan 1
John Bushnell 2
Robert H. Caldwell 1
(contend on mmme side, if "eded)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1997, do hereby certify that the above is a true and correct Abstract
of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received
the greatest number of votes cast for the above office in said election:
Robert K. Dean
Given under our hands this 7th day of May, 1992.
A mpy tests: Chairman
ViceChairman
Secretary
Secretary, Electoral Board
City of Virginia Beach May 5, 1992
General Election
Member, City Council (Princess Anne Borough) Page 2 of 3
Total Votes
Received
Names of Candidates (In Figures)
Walter Carter 1
Edd Davin 2
Patricia Dickerson 1
John Doe 1
Donald Duck 1
Cathy A. Engesser 1
Tommy Griffith 1
John L. Hargrove 1
James Hetfield 1
Tyrone Hicks 2
Rob Johnson 1
Larry Jones, Jr. 2
Dockery Lambert 1
Daryl Leonard 1
Rush Limbaugh 1
Reba McClanan 4
Me 1
No Water 1
City of Virginia Beach May 5, 1992
General Election
Member, City Council (Princess Anne Borough) Page 3 of 3
Total Votes
Received
Names of Candidates (In Figures)
None of the Above 1
NOTA 1
George Parker 1
Ross Perot 1
Eric Rollins 1
Danielle Stephens 1
David R. Winiker 1
ABSTRACT OF VOTES cast in the City of Virginia Beach, Virginia, at the
May 5, 1992 General Election for:
Member, City Council (Virginia Beach Borough) (1 seat)
Total Votes
Received
Names of Candidates (In Figures)
Linwood O. Branch, III 25,497
Robert E. Fentress 20,733
Bad Schools 1
Al BAlko 1
Eugene Boleck 1
James A. Brent, III 1
Roy Brun 1
Katheryn L. Bryan 2
E.T. "Joe" Buchanan 1
Bullwinkle 1
(contend on mmme if needed)
We, the undersignedd Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on May 5, 1992, do hereby certify that the above is a true and correct abstract
of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received
the greatest number of votes cast for the above office in said election.
Linwood O. Branch, III
Given under our hands this 7th day of May, 1992.
A copy te@: Chairman
Vice Chairman
Secre@
Secretary, Electoral Board
City of Virginia Beach May 5, 1992
General Election
Member, City Council (Virginia Beach Borough) Page 2 of 3
Total Votes
Received
Names of Candidates (In Figures)
Mary Reid Burrow 1
Robert H. Caldwell 1
A.J. Canada, Jr. 1
Napoleon Caragah 1
Ida Champion 1
Sheldon Corner 1
Edd Davin 2
Georgette Constant Davis 1
Henry Del Toro 1
John Doe 2
Donald Duck 1
Jerry Garcia 1
GPY 1
Anne J. Henry 1
Tyrone Hicks 1
Tony House 1
Everett R. Johnson, Jr. 1
Dockery Lambert 1
City of Virginia Beach May 5, 1992
General Election
Member, City Council (Virginia Beach Borough) Page 3 of 3
Total Votes
Received
Names of Candidates (In Figures)
Marlena Moreau 1
Mickey Mouse 3
None of the Above 2
NOTA 1
Bryan S. Simpers 1
Albert Smith 1
Bruce E. Smith 1
Michael K. Stallings 1
ABSTRACT OF VOTES cast in the City of Virginia Beach, Virginia, at the
May 5, 1992 General Election, for:
Member, City Council (At Large) (1 seat)
enur appmp@ offlw tide w4 if appl@le, Bomugh, or Ward
Toted Votes
Received
N@s of Candidates (In Figures)
Kathryn L. Bryan 6,628
Sheldon L. Corner 6,523
Joshua F. Edwards, Sr. 3,278
F. Terry Elliott 2,356
Harold Heischober 15,635
John D. Moss 16,432
Johnm O. Parmele, Jr. 1,803
Nathan D. Rohr 748
Robert C. Bencinigna 1
Branch 1
(contend on mmme side, if needed)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held onmay 5,1992, do hereby certify that the above is a true and correct abstract
of votes cast at said election and do, therefore, determine and declare that the following person(s) have received
the greatest number of votes cast for the above office in said election:
John D. Moss
Given under our hands this 7th day of May, 1992.
A wpy tests: Chairman
i@ @-ce Chatr7wn
a @cre
-e /-i@ Secretary, Electoral Board
City of Virginia Beach May 5, 1992
General Election
Member, City Council (At Large) Page 2 of 3
Total Votes
Received
Names of Candidates (In Figures)
James A. Brent, III 1
Jerry Brown 1
E.T. "Joe" Buchanan 1
Robert H. Caldwell 1
Norman W. Carrick 1
Ted Case 1
John E. Creekmore, Jr. 1
Gregory J. Daubner 1
Edd Davin 2
Robert Dickerson 1
John Doe 1
Dorothy J. Engesser 1
Elmer Fudd 1
Patricia Griswald 1
Craig Hayer 1
Tyrone Hicks 3
Chris Holland 1
Dockery Lambert 1
City of Virginia Beach May 5, 1992
General Election
Member, City Council (At Large) Page 3 of 3
Total Votes
Received
Names of Candidates (In Figures)
Rush Limbaugh 1
Jim Lock 1
Barbara Luna 1
Reba McClanan 1
Mickey Mouse 1
None of the above 1
NOTA 1
S. Catherine Parker 1
Ruth Platt 1
Michael Josepth Posta 1
James L. Simmons 1
Dorothy P. Simpers 1
Raphael W. Stephens, III 1
Peggy Stoneham 1
Thomas P. Thorpe 1
Michael Topliff 1
Va. Beach Needs Leader 1
James Dwight Watts 1
- 13 -
Item 111-G.I.
PRESENTATION ITEM # 35579
ADD-ON
Mayor Oberndorf introduced Bobble Elizabeth Burns in attendance during the City
Counci I Session. Miss Burnes is an Extern from the University of Virginials
Program Evaluation/Career Placement and is assisting the Mayor's Office and is
sponsored by the City Clerk as a Volunteer.
- 14 -
Item 111-G.2.
PRESENTATION ITEM # 35580
RESOLUTION
Counci Iman Heischober read into the record the Resolution (sponsored by Mayor
Oberndorf and Counci lman Heischober) recognizing HOWARD S. MYERS, JR. for his
creative and tenacious abi I ity, dedication to purpose and commitment to the
City of Virginia Beach and PROCLAIMED:
SAM MYERS DAY
May 12, 1992
Mayor Oberndorf extended appreciation to Sam Myers and his lovely wife,
Loretha, for his dedication, commitment and unselfish service. Mayor Oberndorf
advised Virginia Beach's loss is going to be California's gain.
Sam Meyers ACCEPTED the Resolution on behalf of him,,If nd his wife of torty-
eight years, Loretha- Mr. Meyers extended best wishes to Vice Mayor Robert E.
Fentress, Councilwoman Reba S. McClanan and Councilman Harold Heischober as
they go into their new phase of life in July, and that they will look back with
satisfaction and pride on all their accomplishments for the City of Virginia
Beach. Mr. Meyers also extended appreciation to Ruth H. Smith, CMC/AAE, City
Clerk, and Robert J. Scott, Director of Planning, for their services over the
years. The City was fortunate to have these fine individuals.
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution proclaiming SAM MEYERS DAY, May 12, 1992
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
- 15 -
Item lit-H.l.
PRESENTATION
1986 BOND REFERENDA ITEM # 35581
Cynthia Davenport, Member - Bond Referendum Committee, in the absence of
William A. Schlimgen, Chairman, reported on expenditures and obligations
incurred by the City through march 31, 1992.
Relative the 1986 Highway Referendum, Ferrell Parkway, Independence Boulevard,
Indian River Road, Northampton Boulevard, General Booth Boulevard and two
Lynnhaven Parkway projects are complete. In the Fiscal Year 1991-92 Capital
Improvement Program, two new projects were scheduled for funding from the 1986
Highway Referendum Bonds. These additional projects are Centerville Turnpike,
Phase 1-1, and Independence Boulevard, Phase IV-A. Due to a surplus of funds
after completion of the original referendum projects, the addition of these new
projects was possible. Of $40,000,000 authorized, 91.9%, or $36,776,299, has
been contracted.
Concerning the 1987 Recreation Center Referendum, the Great Neck and Bow Creek
facilities are open to the public. The Bayside project opened April 23, 1992.
The Princess Anne Community Center project is 7.6% complete. Through March 31,
1992, $32,564,373, or 99.1%, of the $32,850,000 total has been contracted.
Relative the 1986 School Referendum, negotiations are underway for the Various
School Site Acquisitions. Construc@ion is complete on Ocean Lakes, Red Mifl
Farm, Tallwood, and Glenwood Elementaries. Sites for Landstown (formerly Green
Run) Elementary and Middle School and Strawbridge (formerly London Bridge)
Elementary School have been acquired. Construction is scheduled to begin on the
Ocean Lakes High School and Corporate Landing Elementary School projects in
June and July 1992, respectively. Funds totaling $29,826,591, or 92.3% of the
$32,310,000 authorized, have been contracted.
Concerning the 1989 School Referendum, because of the Various School Site
Acquisition, Ocean Lakes High School and Corporate Landing Elementary School
projects also have 1986 School Referendum funding. Work i s comp I ete on the
original thirteen elementary school gymnasium additions and an architect has
been hired for design of a gymnasium addition at the Old Donation Center for
the Gifted and Talented. Work is complete on Strawbridge Elementary and the
Bayside and Kellam High School modernizations. Construction of the Tallwood
High and Landstown Elementary and Middle School projects is 66% and 64%
complete, respectively. Of $68,375,000 authorized, $61,323,174, or 89.7%, has
been contracted.
Work on the 1988 Lake Gaston Water Resource Project Referendum, had been
delayed by court injunction requiring the City to await an approval from the
Federal Energy Regulatory Commission. However, in December 1991, a federal
appeals court ruled construction could begin on the overhead crossings
(Contract Bl )and the below-ground portion of the pump station (part of
Contract DI). Bids were received March 1992 for Contract Bl and are expected to
be received May 1992 for the authorized portion of Contract DI. Of $200,000,000
authorized, $17,799,385, or 8.9%, has been contracted.
- 16 -
C I T YM A N A C E R 'S B R I E F I N C
CHESAPF-AKE BAY PRESERVATION ACT
ITEM # 35582
Louis E. Cullipher, Director - Natural Resources and Rural Services, advised
the purpose of the Chesapeake Bay Preservation Act is to protect the water
quality of the Bay and tributaries. The Chesapeake Bay Preservation Act was
enacted by the Ceneral Assembly in 1988 with final regulations adopted in
November 1990. The City's Chesapeake Bay Preservation Ordinance was effective
January 1991. In July 1991, City Council adopted Amendments to the Ordinance to
make the program easier to administer. As part of the State's Act, the
Chesapeake Bay Local Assistance Department gives authority to promulgate
regulations through the consistency review process. This process is required
for all localities in the Chesapeake Bay Program. The purpose of this review
process is to be assured all localities in line with the State's regulations.
During review of the program, the Chesapeake Bay Local Assistance Department
found several areas of inconsistency in the City's Ordinance. The City staff,
working with the State, has developed recommendations with respect to revising
the Ordinance that will address the State's concerns. The Chesapeake Bay Local
Assistance Board Southern Area Review Committee met on April 24, 1992, to
review the City's recommendations. The Committee voted to recommend to the full
board the City's program be deemed provisionally consistent. This is based upon
the City Council's adoption of regulations to correct the inconsistencies and
eventually revising its ordinance to reflect these recommendations.
Consistency Issues
Issue: The City's designated Resource Management
Area (RMA) does not encompass a land area
large enough to provide significant water
quality protection.
Recommendation: The City will designate the entire Chesapeake
Bay Watershed as a Chesapeake Bay
Preservation Area. Those areas which are not
specially designated as Resource Protection
Areas (RPAS) would be Resource Management
Areas (RMAs).
Issue: The City's definition of Nontidal Wetlands
does not include all hydric soils in the City
that could possibiy support nontidal wetlands
within the Chesapeake Bay Preservation Area
watershed.
Recommendation: The City will work closely with the State in
order to resolve the definition regarding
nontidal wetlands and a recommendation will
be forthcoming.
Issue: In Section 111, the nonconforming use does
not specificaliy include any requirements for
erosion and sediment control for land
disturbances of 2500 square feet or more.
Recommendation: Revise Section Ill to include this
requirement.
Issue: The Department is of the opinion that
swimming pools in the Resource Protection
Area (RPA) should not be exempt and should
only be allowed in the Resource Protection
Area (RPA) by allowing an exception to the
criteria.
Recommendation: The City will amend the Ordinance to
eliminate swimming pools as an exemption.
- 17 -
C I T Y M A N A C E R 'S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 35582 (Continued)
Issue: The City adopt a new definition for
redevelopment that is related to the
impervious surface.
Recommendation: The City will adopt a new definition in the
Ordinance which identifies threshold for
redevelopment tied to impervious surfaces.
Issue: The Department has suggested that the City
AMEND Section 106 to insure that water
dependent facilities are required to comply
with all performance standards.
Recommendation: The City will AMEND Section 106 by adding
development related water dependent
facilities shall comply with all the
performance criteria in Section 108.
Administrative Issues
Issue: The City should clarify the default load that
the City is using for compliance with the
Stormwater Management criteria in the
Ordinance. In lack of data, 16% can be
utilized as percent impervious cover.
Recommendation: The City will amends Section 108 and 109 to
define the calculation procedures and
defaults to be used in determining compliance
with nonpoint source pollutant load criteria.
Issue: The Intensely Development Areas (IDA's) were
not designated by the City but the qualifying
provisions were included in the adopted
ordinance. The City may not now designate
IDAS.
Recommendation: Remove the Intensely Development Areas
(IDA's) from the Ordinance.
Issue: The Ordinance does not include a definition
for public roads or reflect the Board's
Chesapeake Bay Local Assistant revisions to
the Final Regulations effective October 1,
1991.
Recommendation: The City will AMEND the Ordinance to include
the definition of public roads, to be
included in the required section of the Final
Regulations.
Mr. Cullipher displayed on the overhead the proposed definition of public
roads:
Sec. 103 Definitions
A publicly owned road designed and constructed in accordance with water
quality protection criteria at least as stringent as requirements
applicable to the Virginia Department of Transportation, including
regulations promulgated pursuant to (i) The Erosion and Sediment
Control Law (SSection 10.1-560 et. seq. of the Code of Va.) and (ii) The
Virginia Stormwater Management Act (Section 10.1-603 et. seq. of the
Code of Virginia). This definition includes those roads designed,
constructed and maintained by a governmental or other public agency.
- 18 -
C I T Y M A N A G E R 'S B R I E F I N G
CHESAPEAKE BAY PRESERVATION ACT
ITEM # 35582 (Continued)
Michael L. Smiley, ASLA, Landscape Architect, Chesapeake Bay Local Assistance
Department, advised there are opportunities through the State's Grant Program
to apply for funds to assist in financing the protection of the environment
concerning implementation for the criteria relative the Stormwater Act.
Proposed Amendments to the Chesapeake Bay Preservation Ordinance are SCHEDULED
for the City Council Session of May 26, 1992.
19 -
Item
CONSENT AGENDA ITEM # 35583
Upon motion by Vice MayOr Fentress, seconded by Counci Iman Sessoms, City
Counci I APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 a/b/, 6, 7, 8 and 9 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
20 -
Item
CONSENT AGENDA ITEM # 35584
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council ADOPTED:
Resolution to appoint the Director of Finance as
the City's Designee re Declarations of Official
Intent in compliance with IRS Regulations 26
C.F.R., Section 1.103-18.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION FOR APPOINTMENT OF A
2 CITY DESIGNEE FOR DECLARATIONS OF
3 OFFICIAL INTENT UNDER IRS
4 REGULATIONS 26 C.F.R. S 1.103-18
5 WHEREAS, in order f or the City to be reimbursed f or
6 capital expenditures made before a bond is issued, the City must
7 cOmPlY with IRS reimbursement regulations;
8 WHEREAS, the Internal Revenue Service recently released
9 the final version of reimbursement regulations;
10 WHEREAS, the new regulations will apply to bonds issued
11 after march 2, 1992;
12 WHEREAS, the new regulations will require the City to
13 issue declarations of formal intent to be reimbursed from bond
14 proceeds before making expenditures in order to be reimbursed from
15 bond proceeds;
16 WHEREAS, it is anticipated that the City will need to
17 execute a number of declarations of official intent for its capital
18 expenditures on an ongoing basis each year; and
19 WHEREAS, the new regulations provide for the City to
20 appoint designees with regard to the declarations of official
21 intent.
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 1. That the Director of Finance of the City of Virginia
25 Beach is hereby appointed as the City's designee under 26 C.F.R.
26 Section 1.103-18.
27 2. That this resolution shall take effect immediately.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the - 12 day of May 1992.
31 CA-4654 V@ A' To @NT,
32 ORDIN\NONCODE\BONDS.RES A
-3
33 R IG.Al.@l
DEPARTMENT
APPROVED AS TO LEGA[
',C
CIRY ATTORNEY
- 21 -
Item 111-1.2.
CONSENT AGENDA ITEM # 35585
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED:
Resolution approving application to the State Board
of Education of Virginia re loan of $2,500,000
from the Literary Fund to the School Board of the
City of Virginia Beach; and, City to include this
amount in its tax levies and appropriate to the
School Board of the City of Virginia Beach
sufficient funds to meet School Board's debt
service on this loan.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 RESOLUTION
2 WHEREAS, Section 22.1-146 of the Code of Virginia of
3 1950, as amended, authorizes the Board of Education to make loans
4 from the Literary Fund to the School Boards for the purpose of
5 erecting, altering, or enlarging school buildings;
6 WHEREAS any indebtedness owed by the School Board
7 for the City of Virginia Beach, Virginia, to the Literary Fund is
8 a valid and legally binding indebtedness of the City of Virginia
9 Beach, Virginia, under Section 22.1-161 of the Code of Virginia of
10 1950, as amended;
11 WHEREAS, Virginia Code Section 22.1-158 requires
12 that the City shall include in its tax levies and appropriate to
13 the School Board funds sufficient to meet the School Board's debt
14 service on these loans;
15 WHEREAS, officials of the School Board for the City
16 of Virginia Beach, Virginia, have prepared an application addressed
17 to the State Board of Education of Virginia for the purpose of
18 borrowing from the Literary Fund $2,500,000 for an elementary
19 school located in the Princess Anne Borough off Dam Neck Road and
20 Corporate Landing Parkway, to be paid in 20 annual installments and
21 the interest thereon at 3 percent paid annually; and
22 WHEREAS, City Council desires to support this
23 request and believes it to be appropriate.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
25 OF VIRGINIA BEACH, VIRGINIA:
26 1. That the application to the State Board of
27 Education of Virginia for a loan of $2,500,000 from the Literary
28 Fund to the School Board of the City of Virginia Beach is hereby
29 approved.
30 2. That the City include in its tax levies and
31 appropriate to the School Board of the city of Virginia Beach funds
32 sufficient to meet the School Board's debt service on this loan.
33 This resolution shall be in effect from the date of
34 its adoption.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 12 day of May 1992.
37 CA-4645
38 ORDIN\NONCODE\LITERAR2.RES
39 R-1
lo LEGAL
foRm
2
V.A. OD5 1/86
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Corporate Landing Virgfnia Beach
Name of SchoOl Name of County-City
TO THE STATE BOARD oF EDUCATION,
Richmond, Virginia:
Gentlemen:
The School Board for the @-City of hereby makes application for a
loan of $ 500,000 - from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making perm@ent improvement to) a school building located at rlncess Anne B-ou B as follows:
(Describe briefly) he 18, 82 acre 51te fs@,:ated 11@Da
mwe fully described
1. The said building, addition, or permanent improvement described above, to be of rlck ,nd c
(Type f @.@t-cti.n, b,ick, f.me, etc.)
will be used as a building, and is estimated to cost $@ 603 000
(Elem., H. S., C.mb. Elem. & H.S.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $
3. There is at present a loan from the Literary Fund on this in the amount
(Building r @ch.ol plant)
of $ Not Appllcable
4. The total =ount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or pennanent impro@ement, @ill be l@ated contains 8.182 acres,
of which 8-782 acres are well suited and useable, or can be easily impro,ed and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before constmction is begun. It is understood that the State Board of Education reserves the right to with.
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, additior- or permanent improvement, is desirable because: (Explain briefly)
This school will house approximatel@ CM students residing in the Ge era Booth coorldo Without t Is
school, crowded conditions wi II cont-,.,Le to Impact surrounding elementary schools.
8. The present total indebtedness ci thc County-City for school buildings is $ 149 452 626 of which
is owed to the Uterary Fund.
9. This County-City has not defaulted or failed to meet its debt se@ice obligations as and when due for the past
five years except, as follows: Not Applicable
10. Adequate and satisfactory supenision of constmction will be pro@ided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regul-ations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date) Not Applicable
12. This loan is to be niade for 20 20
- years, and is to be paid in annual installments, with interest at
5 . 20 5 . 20
the rate of 3 per centum per annum, payable annually.
.13. The Board of Supe@isors for the County, or the Council for the City, has by resolution (page 3 of this appucation),
agmed to pro@ide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at least two years immediately before thig loan, has not been more than six months in default in the pay-
ment of interest due on my loan from the Literary Fund.
Given under my hand this the 14 day f 19@2
THE SCHOOL BOARD OF QQ -CITY
By
ATTF,ST: Clerk.
SEAL
(2)
AT A MEETING of the Boa-rd of Supervisors fOr the County of or the Council
for the City of Virginia Beach held in the said County or City on the day of
, 19-
WHEREAS, The School Board for the County of or City
of , on the -- day of 19 presented
to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of boffowing
from the Literary Fund $@, 00,000 - for the new school building (or for adding to or improving the present
school building) at @-Ro-ra-*@anding to be paid in -Lo- annual installments, and the interest diercon at
Elementary School 5,. 20
per cent paid annually.
RESOLVED, That the application of the County or City School Board to the State Board of Education of Vi@a
for a loan of $-@QD--- from the Literary Fund is hereby appioved, and authority is hereby granted the said
County or City School Board to borrow the said amount for the purpose set out in said appucation.
The Board of Supervi@rs for said County or Council of said City will each year during the life of this loan, at the
time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation "penses
and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary
Fund.
I hereby certify that the foregoing is a true copy as taken fmm the minutes of the Board of Supe@isors for the
County of or the Council of the City of Virginia Beach
Clerk
SEAL BOARD OF SUPERVISORS FOR THE
COUNTY OF
COUNCIL FOR THE
CITY OF Virginia Beach
(3)
ATTORNEYS CERTIFICATE OF NTLE
THis is To CERTipy that 1, EllzabOth E- FO --, a qualified and competent attor,.
or Attorn.ey for the Commohwealth for - County or City, or the City or County
Attomey for Vllat,f, R ... h have examined the title of the School Board or Goveming Body
of Virginia Beach Cbunty or City, Virginia to that certain lot, parccl or tract of land re.
ferred to in the attached application, and that the School Board of Virginia Beach -1 or the Goveming Body
of has a fee simple titlc to said land, and the same is free from encumbrances, except as
noted in attached summary.
Executed this @ day of
Attomey, or
City or County
Virginta Beach County or City
CERTIFICATE OF THE CLERK OF COURT
Wx@s, the school board of the goveming body of Vi,gint, g ... h - owns acres of real estate
in county or - city of @tr eagh Virginia, on which
to erect the school building described in this application. The title deed to this property is recorded in the clerk's office for
county, or Yfr,fnl, R@@rh city, in deed bc>ok number @946 page 721
aP book number @6-, page , book number --, page
ONE. That the titlc to the real estate has been examined and approved in writing by thc attomey for the Commonwealth,
the county or city attomey or othcr compctent attorney and his r@rt filed with the clerk of the court.
Two. Tliat the certificate of the attomey exaznining the title shows that the school board or the governing body of
Virginia Beach has a good and sufficient tide in fee simple to the real estate subject to the (following) (no)
encumbrances (note encumbrances, if any).
Given under my hand this the 6th day )f May hundred and 9 2
Clerk
court of
Virginia Beach County or City
SEAL
THis APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School
Buildings."
Date Associate Director of Energy & Facilities Services
Attorney's Ccrtificate of title and @s application approvcd this, the - - - day of 19-
Attorney General-of Virginia
Approved by the State Board of Education, 19--
For Secretary State Board of Education
(4)
STATEMENT OF THE COUNTY OR CITY TREASURER
1. Assessed Value of Real and Personal Property, subject to taxati'o-n for'c-ou' 'n'tv school purposes at date of this report.
Real Estate .................... .......... .................... ...... ........................ ............ .............. ......................... ...... $ 6,402,509,528
Tangible Personal Property .. ...... 6/@9/91 ......................$216,538,447
Public Service Coxporations ...... ....... ... ..... .............. ..... ........ .............................................................................................1488,287,602
Total . .. ... ....... ........... ................ ... . .... ..... .......... .. .......... .......... .. .. ...... ... 18,107,335,577
. ................$
2. Income of tbe County or City for school purposes for current fiscal year:
County School Levy . . ... ..... .......... I..".."'.1.11 ...............I. .....I...... ... ....
Cash Appropriations (local) ..FY 91-92
................ ... . ................. .... ... ....... ........................... ......$ 84,328,083
]4istw s Sc@l Capi@, Proj@,5 ............. ........... ... ... ....... ...... $ 262,426
Total ...... .. @.. @.@ I@, I..... ............ I., ...............$.186 590 509
3. Indebtedness of County or City (including districts) for sch@l purposes at date of this report:
Literary Fund Loans ................. I..,.@, ............. ...... ....... . . .... . .......... .......$3,030, @46
Long-Terrn Bonds ............. . .. .... ... . ............... .................. .. $ 136 422,080
Temporary Loans $- -
Total 2/29@92
............. ...... ... ............. $ 149,452,626
4. Record of School Bonds Outstanding (not including Literary Fund Loans)
Long-Tenn School Bonds: Please see attached,
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
5. Payments for Indebtedness from school funds for cu@ent fiscal year: (Include thosc to be paid before end of current year.)
To Literary Fund of Nlirginia, including Interest .... .................... .. .......... .. .... ............... .. .......... ... ......$ 995,000
To Sinking Fund for Retirement of Lcng-Term School Bonds . ...... ................... .................... . .$
Long-Term Sch@l Bonds paid, including Interest . @. .... ... ...... .... . .... .. ...... .. ...... ....... .. .... 19,309,083
Total . ............... ... ..................... ......... ............... . ................. 0,304,083
@ o--
Temporary Loans Paid ... ....... . ............ .. ...... ....... ...................
Total Indebtedness Paid ... 2 20,304,083
...I...I............ ................ .............. .............. .... ........
I certify that the above is a true statement conceming the school fu@S or County or City
for the year 19-U- - 19 9 9 according to the records of my
Treasurer
Date A-,Qiz 3. qq2
for
lmty
(5)
City of virginia Beach, VA
School Bonds Outstanding
Bond Issue Maturit@ Rate of
Issue Date Date Interest
-------------------------- -------------- ---------- ---------------
1972-A School 09/01/72 09/01/92 5.094909%
1972-B School 06/01/73 06/01/94 4.905989%
1974 Public Improvement 11/01/74 11/01/92 5.8219%
1975 Public Improvement 12/01/75 12/01/95 6.1031%
1976 Public Improvement 12/01/76 08/01/96 4.803472%
1977 Public Improvement 12/01/77 10/01/97 4.9517%
1978 Public Improvement 12/01/78 10/01/98 5.6296%
1979 Public Improvement 11/01/79 11/01/99 6.374941%
1980 Public Improvement * 02/01/82 12/01/91 11.885%
1981 Public Improvement * 02/01/82 12/01/91 11.885%
1982 Public Improvement ** 12/01/82 11/01/02 9.5333%
1984 Public Improvement ** 07/15/84 07/15/04 9.336614%
1985 Public Improvement 02/01/85 02/01/01 8.210425%
1985 Pub Impr. Refunding 11/15/85 12/01/97 7.577744%
1986 Public Improvement 05/01/86 05/01/06 6.95958%
1986 Pub Impr. Refunding 09/01/86 07/15/04 7.042%
1987 Public Improvement 05/15/87 05/01/07 7.016016%
1988-A Public Improvement 04/15/88 04/15/08 6.864797%
1989-A Public Improvement 10/01/89 10/01/09 6.952442%
1990-A Public Improvement 06/01/90 06/01/10 6.95286%
1991-A Public Improvement 03/01/91 03/01/11 6.587601%
1991-A Va Pub School Auth 07/31/91 07/15/11 6.447%
1991-C Public Improvement 08/01/91 08/01/11 6.359438%
* A portion of this issue has been refunded (1985 Public Improvement
Refunding Bonds, dated 11/15/85).
** A Portion of this issue has been refunded (1986 Public Improvement
Refunding Bonds, dated 09/01/86).
- 22 -
Item 111-1.3.
CONSENT AGENDA ITEM # 35586
Upon motion by Vice Mayor Fentress, seconded by Counci ]man Sessoms, City
Council APPROVED:
Ordinance to ACCEPT and APPROPRIATE a $91,850 Grant
from the Virginia State Library and Archives to the
Circuit Court Clerk's office re equipment and
support costs to transter Land Records to Optical
Disks; and, the total appropriation be offset by
$91,850 in estimated revenues from the
Commonwealth.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1
2 AN ORDINANCE TO ACCEPT AND APPROPRIATE $91,850 FROM THE
3 COMMONWEALTH OF VIRGINIA LIBRARY AND ARCHIVES
4 WHEREAS, the Clerk of the Circuit Court of the City of
5 Virginia Beach has responsibility for maintainenance of public
6 records, including Land Records for the City,
7 WHEREAS, Land Records from September 1952 to July 1964 were
8 recorded by a photostatic process, which is found to be
9 deteriorating, rendering these documents fading and of finite life,
10 WHEREAS, the Clerk of the Circuit Court has applied for and
11 received a two year grant from the Virginia State Library and
12 Archives for equipment and support costs to transfer all these Land
13 Records to optical disks for preservation,
14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $91,850
16 from the Virginia State Library and Archive be accepted and
17 appropriated, and that estimated Revenue from the Commonwealth be
18 increased by $91,850.
19 This ordinance shall be effective from the date of its
20 adoption.
21 Adopted by the Council of the City of Virginia Beach, Virginia
22 on the 12 day of May 1992.
APPROVED AS TO CONTENT
WALTER C. KAKEMER. JR.
OFRCE OF BUDGET AND EVALI)ATION
- 23 -
Item 111-1.4.
CONSENT AGENDA ITEM # 35587
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council APPROVED:
Ordinance to APPROPRIATE $3,750 from the fund
balance of the Francis Land Trust Fund re offset
printing expenses ot a promotional brochure.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $3,750 IN
2 THE FRANCIS IAND HOUSE TRUST FUND
3 FOR THE DEVELOPMENT OF A PROMOTIONAL BROCHURE
4 WHEREAS, the Friends of the Francis Land House have generated revenues
5 through fund raising sales and events, membership dues, and cash donations;
6 WHERF.AS, the Friends of the Francis Land House would like to use $3,750
7 of the revenue to assist in the development a four-color promotional brochure
8 that will attract visitors to the site and promote membership;
9 WHEREAS, $3,750 is requested to for the purpose printing expenses for the
10 brochure with funds provided from private donations residing in the Francis Land
11 House Trust Fund;
12 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CIT OF VIRGINIA BRACH,
13 VIRGINIA, that funds in the amount of $3,750 be appropriated from the fund
14 balance of the Francis Land Trust Fund to offset printing expenses of a
15 promotional brochure.
16 This ordinance shall be effective from the date of its adoption.
17 Adopted by the Council of the City of Virginia Beach, Virginia on the
18 12th of May 1992.
AS TO C
- 24 -
Item 111-1.5.a.b.
CONSENT AGENDA ITEM # 35588
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED:
Ordinances authorizing TRANSFERS from the Economic Development
Investment Program Account to the Development Authority re on-site
infrastructure improvements:
$600,000 C & P Telephone Company's Eastern Virginia
Regional Headquarters and Administrative
Office Building
($300,000 1992-1993)
($300,000 1993-1994)
$ 15,000 Ticketmaster-New York, Inc.'s regional
headquarters and telephone center.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO TRANSFER $600,000 FROM
3 THE ECONOMIC DEVELOPMENT INVESTMENT
4 PROGRAM TO THE CITY OF VIRGINIA
5 BEACH DEVELOPMENT AUTHORITY
6 WHEREAS, the City of Virginia Beach Development Authority
7 (the "Authority") was created pursuant to Chapter 643 of the Acts
8 of Assembly of 1964 (as amended) (the "Actsto);
9 WHEREAS, one of the primary purposes of the Authority as
10 set forth in the ACts is to "promote industry and develop trade by
11 inducing manufacturing, industrial, governmental and commercial
12 enterprises to locate in or remain in the [City] .... ";
13 WHEREAS, the Department of EConomic Development, on
14 behalf of the Authority, has induced c & P Telephone Company to
15 locate its 132,000 square foot Eastern Virginia Regional
16 Headquarters and Administrative Office Building in the city of
17 Virginia Beach;
18 WHEREAS, the inducement included an agreement to provide
19 C & P Telephone Company $600,000 to underwrite a portion of the on-
20 site infrastructure costs for improvements to its facility;
21 WHEREAS, funds are available in the Economic Development
22 Investment Program Account (Project 2-141) which was approved in
23 the FY 1990-91/1994-95 Capital Improvement Program to provide
24 infrastructure imiprovements on sites and along roadways to enhance
25 the economic viability of property; and
26 WHEREAS, at its regularly-scheduled meeting on April 21,
27 1992, the Authority, by a vote of 7-0, determined that the
28 provision of the aforementioned incentive to C & P Telephone
29 Company would serve a valid public purpose and would be in
30 furtherance of the purposes for which the Authority was created.
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33 That the City Manager is hereby authorized to transfer
34 funds in the amount of $600,000 from the Economic Development
35 Investment Program Account to the City of Virginia Beach
36 Development Authority to enable the Authority to provide $600,000
37 to c & P Telephone company to underwrite a portion of the costs of
38 on-site infrastructure improvements to C & P Telephone Company's
39 Eastern Virginia Regional Headquarters and AdMinistrative Office
40 Building to be located in the city of Virginia Beach.
41 BE IT FURTHER RESOLVED:
42 That $3oo,ooo shall be transferred to the Authority in FY
43 1992-93, and that the remaining $300,000 shall be transferred to
44 the Authority in FY 1993-94.
45 Adopted by the council of the City of Virginia Beach,
46 Virginia, on the 12 day of May 1992.
47 CA-4624
48 ORDIN\NONCODE\C&P-ORD pgoVFD AS TO CONTENTS
49 R-1
APPROVED @S TO LE-GAL
NEY
2
I AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO TRANSFER $15,000 FROM THE
3 ECONOMIC DEVELOPMENT INVESTMENT
4 PROGRAM TO THE CITY OF VIRGINIA
5 BEACH DEVELOPMENT AUTHORITY
6 WHEREAS, the city of virginia Beach Development Authority
7 (the "Authority") was created pursuant to chapter 643 of the Acts
8 of Assembly of 1964 (as amended) (the "ACts");
9 WHEREAS, one of the primary purposes of the Authority as
10 set forth in the Acts is to "promote industry and develop trade by
11 inducing manufacturing, industrial, governmental and commercial
12 enterprises to locate in or remain in the [city] .... ";
13 WHEREAS, the Department of Economic Development, on
14 behalf of the Authority, has induced Ticketmaster-New York, Inc.,
15 to locate its regional headquarters and 150 station telephone
16 center in the City of Virginia Beach;
17 WHEREAS, the inducement included an agreement to provide
is Ticketmaster-New York, Inc. , $15, 000 to underwrite a portion of the
19 on-site infrastructure costs for improvements to its facility;
20 WHEREAS, funds are available in the Economic Development
21 Investment Program Account (Project 2-141) which was approved in
22 the FY 1990-91/1994-95 Capital Improvement Program to provide
23 infrastructure improvements on sites and along roadways to enhance
24 the economic viability of property; and
25 WHEREAS, at its regularly-scheduled meeting on April 21,
26 1992, the Authority, by a vote of 7-0, determined that the
27 provision of the aforementioned incentive to Ticketmaster-New York,
28 Inc., would serve a valid public purpose and would be in
29 furtherance of the purposes for which the Authority was created.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32 That the City Manager is hereby authorized to transfer
33 funds in the amount of $15,000 from the Economic Development
34 Investinent Program Account to the City of Virginia Beach
3 5 Development Authority to enable the Authority to provide $15, 000 to
36 Ticketmaster-New York, Inc., to underwrite a portion of the costs
37 of on-site infrastructure improvements to Ticketmaster-New Yorkfs
38 regional headquarters and telephone center facility in the City of
39 virginia Beach.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 12 day of May 1992.
42 CA-4623
43 ORDIN\NONCODE\TICKETM.ORD
44 R-1 CONTENTS
EG
AF'70- ';o L AL
ptD FORM
2
- 25 -
Item 111-1.6.
CONSENT AGENDA ITEM # 35589
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council APPROVED:
Ordinance to TRANSFER $88,335 from Project 12-W
Seatack Street I mprovements-Phase I I B re upgraded
construction cost of Bells Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $88,335 TO PROJECT 2-984 SEATACK STREET
3 IMPROVEMENTS-PHASE IIB TO ACCOMMODATE THE
4 CITY'S FUTURE DREDGE OPERATION FACILITY
5 WHEREAS, the Capital Improvement Program includes project 2-984 Seatack
6 Streets-Phase IIB for the construction of street and drainage improvements in
7 the Seatack neighborhood;
8 WHEREAS, current funding is sufficient for the original scope of
9 improvements, but the future relocation of the city's dredge operation facility
10 to a new site requires upgrading the road structure of Bells Road at an
11 additional cost of $88,335;
12 WHEREAS, the additional amount needed may be transferred from project
13 2-712 Dredging Eastern Branch Lynnhaven River since the project is substantially
14 completed and has funds sufficient to be transferred for the above purpose.
15 NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CIT'Y OF
16 VIRGINIA BEACH, VIRGINIA:
17 That funds in the amount of $88,335 are hereby transferred from project
18 2-712 Dredging Eastern Branch Lynnhaven River to project 2-984 Seatack Street
19 Improvements-Phase IIB to cover the upgraded construction cost of Bells Road to
20 accommodate the city's future dredge operation facility.
21 This ordinance shall be in effect from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
23 12th day of 1992.
APPROVED AS TO CONT
Dept. of Ma agow,
26 -
Item 111-1.7.
CONSENT AGENDA ITEM # 35590
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED:
Ordinance to TRANSFER $32,000 within Department of
Publ ic Works FY 1991-1992 Budget re purchase of
coinputer-aided drafting and design (CADD)
workstation with software; and, el iminate one (1)
vacant drafting technician position.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER $32,000 WITHIN THE
2 DEPARTMENT OF PUBLIC WORKS FY 1991-92 BUDGET TO PURCHASE
3 COMPUTER AIDED DRAFTING AND DESIGN EQUIPMENT WITH SOFTWARE AND
4 ELIMINATE ONE (1) VACANT DRAFTING TECHNICIAN POSITION
5 WHEREAS, the Drafting Bureau of the Department of Public Works Engineering
6 Division produces detailed specifications and drawings which can be produced more
7 efficiently by computer aided drafting and design (CADD) equipment;
8 WHEREAS, the cost to purchase one CADD workst,tion with ,ftw,re is
9 estimated to be approximately $32,000;
10 WHEREAS, the Department is estimating that purchasing a CADD workstation
11 with software and eliminating a drafting technician position at an annual cost
12 of approximately $33,822 including fringe benefits will produce greater
13 efficiencies and generate savings to the City of approximately $99,570 over the
14 next five (5) years;
15 WHERF-AS, savings from this program have been included in the Proposed FY
16 1992-93 Operating Budget;
17 WHEREAS, there are sufficient funds for transfer within the Department of
18 Public Works to purcbase the CADD workstation with software, and there is
19 presently a vacant drafting technician position which could be elimin,ted.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
21 BEACH, VIRGINIA, that funds in tbe amount of $32,000 be transferred within the
22 Department of Public Works for the purpose of purchasing one (1) computer aided
23 drafting and design (CADD) workstation with software;
24 BE IT FURTHER ORDAINED, that one (1.0 FTE) vacant drafting technician
25 position be eliminated from the Drafting Bureau of the Department of Public Works
26 Engineering Division's F'Y 1991-92 budget.
27 This ordinance shall be in effect from the date of its adoption.
28 Adopted the 12 day of May 1992, by the Council of the City
29 of Virginia Beach, Virginia.
APPROVED AS TO CONTENT
Walte C. Krae r, Jr.
Office of Budget and E,alu
ation
- 27 -
Item 111-1.8.
CONSENT AGENDA ITEM # 35591
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED:
Ordinance authorizing a temporary encroachment into
a portion of the right-of-way of Sea Breeze Point
Trail to Robert C. and Judy C. Barker re
construction and maintenance of two 41 x 41 brick
columns (LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF SEA
5 BREEZE POINT TRAIL TO
6 ROBERT C. BARKER AND JUDY
7 C. BARKER, THEIR HEIRS,
8 ASSIGNS AND SUCCESSORS IN
9 TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 ROBERT C. BARKER and JUDY C. BARKER, their heirs, assigns and
15 successors in title are authorized to construct and maintain a
16 temporary encroachment into the right-of-way of Sea Breeze Point
17 Trail .
18 That the temporary encroachment herein authorized is for
19 the purpose of constructing and maintaining two 41 X 41 brick
20 columns, one of either side of the proposed driveway, and that said
21 encroachment shall be constructed and maintained in accordance with
22 the City of Virginia Beach Public Works Department' s specifications
23 as to size, alignment and location, and further that such temporary
24 encroachment is more particularly described as follows:
25 An area of encroachment into a
26 portion of the City's right-of-way
27 known as Sea Breeze Point Trail , on
28 the certain plat entitled: "SITE
29 PLAN OF LOT 2 SEA BREEZE POINT M.B.
30 119 P. 40 LYNNHAVEN BOROUGH,
31 VIRGINIA BEACH, VIRGINIA," a copy of
32 which is on file in the Department
33 of Public Works and to which
34 reference is made for a more
35 particular description.
36 PROVIDED, HOWEVER, that the temporary encroachment herein
37 authorized shall terminate upon notice by the City of Virginia
38 Beach to Robert C. Barker and Judy C. Barker, themselves, their
39 heirs, assigns and successors in title and that within thirty (30)
40 days after such notice is given, said encroachment shall be removed
41 from the City's right-of-way of Sea Breeze Point Trail and that
42 Robert C. Barker and Judy C. Barker, their heirs, assigns and
43 successors in title shall bear all costs and expenses of such
44 removal.
45 AND, PROVIDED FURTHER, that it is expressly understood
46 and agreed that Robert C. Barker and Judy C. Barker, their heirs,
47 assigns and successors in title shall indemnify and hold harmless
48 the City of Virginia Beach, its agents and employees from and
49 against all claims, damages, losses and expenses including
50 reasonable attorney's fees in case it shall be necessary to file or
51 defend an action arising out of the location or existence of such
52 encroachment.
53 AND, PROVIDED FURTHER, that the party of the second part
54 agrees to maintain said encroachment so as not to become unsightly
55 or a hazard.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 in effect until such time that Robert C. Barker and Judy C. Barker
58 execute an agreement with the City of virginia Beach encompassing
59 the aforementioned provisions.
60 Adopted by the Council of the City of Virginia Beach,
61@ Virginia, on the 12 day of May 19 92
62 KL/ta
63 12/06/91
64 encr\barker.ord APPROVED AS TO CONTENT
SIG@AT@@E
I)EPARTMEt4T
2
ir
CD ui
I
C'Y-PS,4 i
BAY
I
-1
I
i
ECT SITE
-0@
I 'A 17
LOCATION MAP
THIS AGREEMENT, made this / @@,day of
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, Grantor, and
ROBERT A. BARKER and JUDY C. BARKER, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, party of the second Part, Grantee.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to maintain two existing 41 X 41 X 41 brick columns,
one on each side of the driveway, in the City of Virginia Beach;
and
WHEREAS, in maintaining such existing brick columns, it
is necessary that the said party of the second part encroach into
a portion of an existing city right-of-way known as Sea Breeze
Point Trail.; and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such existing brick columns within a portion of the
City's right-of-way known as Sea Breeze Point Trail.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of -way known as
Sea Breeze Point Trail for the PurPose of constructing and
maintaining such existing brick coluinns.
7 9 1/@/
it is expressly understood and agreed that such
11 temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's riglit-of-way known as Sea Breeze
Point Trail as shown on that certain plat
entitled: "SITE PLAN OF LOT 2 SEA BREEZE
POINT M.B. 119 P. 40 LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA," a copy of which
is attached hereto as Exhibit "All and to
which reference is made for a more
particular description.
It is further expressly understood and agreed that th@
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
city's right-of-way known as Sea Breeze Point Trail by the party
of the second part; and that the party of the second part shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
i@
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified lierein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
ii prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or " as built" plans of the
encroachment, if required by either the City Engineer I s Of f ice or
the Engineering Division of the Public Utilities Department.
3
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachnient; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner pro law for the
v
collection of local or state taxes.
A.
IN WITNESS WHEREOF, ROBERT Qr. BARKER and JUDY C.
BARKER, the said party of the second part, has caused this
Agreement to be executed by his signature and seal duly affixed.
Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its
City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/AUthorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
A,
@-uw c.Oaiker
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby certify
that CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER PURSUANT TO S 2-154 OF THE CITY CODE, whose name
is signed to the foregoing Agreement bearing date on the
day of 19_, has acknowledged tbe same before
me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
My Commission Expires: Notary Public
APPROVED AS TO CONTENT
12.
rIE
5
DEPARTMENT
- 28 -
Item 111-1.9.
CONSENT AGENDA ITEM # 35592
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED:
Ordinance authorizing tax refunds in the amount of
$562.39 upon appl ication of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO. C.A. 7 4/24/92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a@e Penalty Int. Total
Year of Tax Number tion No. p .id
Standard Federal S & L 92 RE(1/2) 59195-0 11/26/91 36.52
George E Langley 92 RE(1/2) 65397-3 11/27/91 109.00
George E Langley 92 RE(1/2) 65400-8 11/27/91 337.90
Johanna M Kralowetz 92 RE(1/2) 63470-8 12/3/91 78.97
Total 562.39
This ordinance shall be effective from date of adoption.
T6- @o)%abateme..nt(s) totaling Cer to pa
"f5t ere approved by
the Council of the City of Virginia
Beach on the 12 day of May, 1992 YD
john Atkidson-, Trea urer
Approved as to form:
Ruth Hodges Smith
City Clerk
Le-slie L. Lilley,-Ciii-@orney
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
iii and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Patricia M. Johnson a Notary Public
iri and for.the City and State aforesaid, do hereby certify that
A,
ROBERT C/.PB%KER and JUDY C. BARKER, whose name is signed to the
foregoing writing, bearing date the 27t-h day of
December 19 91 , have acknowledged the same before
I me in my City and State aforesaid.
Given under my hand this 27th day of
19 91
lic
Notary P
My cormnission Expires: ot. i?.f
6
- 29 -
Item III-J.1a.
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATTONS ITEM # 35593
The following registered to speak relative the FY 1992-1993 Budget
Appropriations:
Delores Delaney, 132 Brentwood Crescent, Phone: 340-2762, spoke relative
meeting of fifty-six PTA Leaders throughout the State and encouraged full
funding of the School Board Budget. The children of the City are entitled to
the City's very best efforts.
Gregg Benshoff, 3998 Roebling Lane, Phone: 486-1910, represented the Virginia
Beach Professional Firefighters. Mr. Benshoff referenced the correspondence
from Virginia Beach Professional Firefighters expressing their concerns
relative the FLSA overtime and holiday cuts in the fire department budget.
Samuel W. Meekins - Chairman - Virginia Beach School Board, advised receipt of
the Resolution to serve as a recommended guidance to the Virginia Beach School
Board and extended appreciation for the increase with the understanding that
this is all that could be given and that they are prepared to go forward with
their educational commitment.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council:
ADOPTED, AS REVTSED*, an Ordinance making APPROPRIATIONS for the
Fiscal Year beginning July 1, 1992 and ending June 30, 1993, in
the sum of
Six Hundred
ndred and Twelve Thousand, Four
68,512,416) for Operations and
ndred -rtY M-,-Ilon, S-- @udred
NOIIOO Dollars ($240,620,026) in
ng the payment of money out of the
y reasury, as amended.
*AMENDMENTS
APPROPRIATIONS:
Total Proposed Budget Amount $ 666,143,088
ADDITIONS:
Fully Fund the Bookmobile and
Restore Positions $ 67,000
Match State Environmental Grant 15,000
Match the State Clean Community
Grant, Restore Coordinator Position 18,000
Change COIG Allocations and Provide/Increase
Funding as Follows:
Samaritan House $19,000
Resource Mothers $30,000
Hospice of Virginia Beach $ 4,000
Judeo-Christian Outreach $ 5,000
Tidewater Aids Task Force $ 275
COIG Reserve $ (215) 58,060
Change Compensation for City and School
Employees to 2% on July First with no Cap;
AND, 2.5% on January First capped at $1,200;
a $20 per month increase in Health Insurance
effective on January 1, 1993. 2,411,268
Other Tncreases to School Operating Budget 1 300 000 $ 3,869,328
Total Additions
Other Changes:
Reallocation of School's CIP
Pay-As-You-Go Funding (1,500,000)
- 30 -
Item III-J.1.
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35593 (Continued)
ADOPTED a Resolution to serve as a recommended
guidance to the Virginia Beach School Board re
compensation for employees; and, all reversions
from the School System for FY 1991-1992 be used
only for School capital improvements.
The School Budget Appropriation would be by
Categories, as opposed to Lump-Sum.
The Reserve for Contingency Fund shall remain with
City Council reserving this option prior to July
First, after which James K. Spore - City Manager,
E. Dean Block - Assistant City Manager for Economic
Management, and Leslie L. Lilley - City Attorney,
are directed to examine and come forward with an
equitable resolution of the application to the Fair
Labor Standards Act.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr.*, Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne* and Nancy K. Parker
Council Members Absent:
None
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in discussion and vote on the FY 1992-93
Operating Budget fairly, objectively and in the public interest. Councilman
Brazier's letter of April 14, 1992, is hereby made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in discussion and vote on the FY 1992-93
Operating Budget fairly, objectively and in the public interest. Councilman
Lanteigne's letter of April 14, 1992 is hereby made a part of the record.
1 AN ORDINANCE MAKING APPROPRIATIONS
2 FOR THE FISCAL YEAR BEGINNING JULY
3 1, 1992 AND ENDING JUNE 30, 1993, IN
4 THE SUM OF SIX HUNDRED SIXTY-EIGHT
5 MILLION, FIVE HUNDRED TWELVE
6 THOUSAND, FOUR HUNDRED SIXTEEN AND
7 NOIIOO DOLLARS ($668,512,416) FOR
8 OPERATIONS AND TWO HUNDRED FORTY
9 MILLION, six HUNDRED TWENTY
10 THOUSAND, TWENTY-SIX AND NOIIOO
11 DOLLARS ($240,620,026) IN INTERFUND
12 TRANSFERS AND REGULATING THE PAYMENT
13 OF MONEY OUT OF THE CITY TREASURY,
14 AS AMENDED.
15 WHEREAS, the City Manager has heretofore submitted an Annual
16 Budget for the city for the fiscal year beginning July 1, 1992, and
17 ending June 30, 1993, and it is necessary to appropriate sufficient
18 funds to cover said budget.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 Section 1. That the amounts named aggregating NINE HUNDRED
22 NINE MILLION, ONE HUNDRED THIRTY-TWO THOUSAND, FOUR HUNDRED FORTY-
23 TWO AND N01100 DOLLARS ($909,132,442) consisting of TWO HUNDRED
24 FORTY MILLION, SIX HUNDRED TWENTY THOUSAND, TWENTY-SIX AND N01100
25 DOLLARS ($240,620,026) in interfund transfers and SIX HUNDRED
26 SIXTY-EIGHT MILLION, FIVE HUNDRED TWELVE THOUSAND, FOUR HUNDRED
27 SIXTEEN AND N01100 DOLLARS ($668,512,416) for operating or so much
28 thereof as may be necessary as set forth in the Annual Budget for
29 the fiscal year 1992-1993, are hereby appropriated subject to the
30 conditions hereafter set forth, for the year 1992-1993, for the use
31 of the several departments and specially designated funds of the
32 city governments, and for the purpose hereafter mentioned, as set
33 forth in said Annual Budget, which is hereby incorporated by
34 reference, for the fiscal year beginning July 1, 1992, and ending
35 June 30, 1993, as follows:
CITY OF VIRGINTA BEACH, VIRGINIA
FY 1992-93 OPERATING BUDGET
CITY COUNCIL AMENDMENTS
OF MAY 12,1992
APPROPRIATIONS:
TOTAL PROPOSED BUDGET AMOUNT $ 666,143,088
ADDrrIONS:
FULLY FUND THE BOOKMOBILE AND $
RESTORE POSITIONS 67,000
MATCH STATE ENVIRONMENTAL GRANT 15,000
MATCH THE STATE CLEAN COMMUNITY
GRANT, RESTORE COORDINATOR POS[TION 18,000
CHANGE COIG ALLOCATIONS AND
PROVIDEIINCREASE FUNDING AS FOLLOWS:
SAMARrrAN HOUSE $19,000
RESOURCE MOTHERS $30,000
HOSPICE OF VIRGINIA BEACH $4,000
JUDEO-CHRISTIAN OUTREACH $5,000
TIDEWATER AIDS TASK FORCE $275
COIG RESERVE ($215) 58,060
CHANGE COMPENSATION FOR CITY AND
SCHOOL EMPLOYEES TO 2% ON JULY I
WITH NO CAP AND 2.5% ON JANUARY I
CAPPED AT $1,200 AND A $20 PER MONTH
INCREASE IN HEALTH INSURANCE
EFFECnVE ON JANUARY 1, 1993. 2,411,268
OTHER INCREASES TO SCHOOL OPERATING
BUDGET 1,300.000
TOTAL ADDrriONS $ i,ts69,328
OTHER CHANGES:
REALLOCATION OF SCHOOL'S CIP
PAY-AS-YOU-GO FUNDING (1,5 .0@00
TOTAL COUNCIL AMENDED APPROPRIATIONS $ 668,512.416
REVENUES:
TOTAL PROPOSED BUDGET AMOUNT $ 666,143,088
ADDMONS: 1,087,635
REVISED PERSONAL PROPERTY TAX ESTIMATE
REVISED STATE ES-NMATE FOR STATE SHARE SALES TAX 481,693
REVISED ESTIMATED STATE AID FOR SCHOOLS 600,000
TOTAL COUNCIL AMENDED REVENUES $ 668,512,416
SCHOOL BUDGET FORMAT OPTIONS::
1 . LUMP-SUM: CITY COUNCIL WOULD NEED ONLY TO ADOPT THE TOTAL AMOUNT OF
FOR THE SCHOOL BUDGET. BASED ON THE ABOVE ALTERNATIVES THAT AMOUNT
WOULD BE $312,800.160.
2. APPROPRIATION BY CATEGORIES: THE AMOUNT ADOPTED BY CITY COUNCIL WOULD
BE THE SAME AS #1 BUT WOULD BE SUBDIVIDED INTO CATEGORIES CURRENTLY
IDENTIFIED IN THE BUDGET ORDINANCE. THE AMOUNTS IN EACH CATEGORY WOULD
HAVE TO BE DEFINED BY THE CITY MANAGER AND SCHOOL SUPERINTENDENT
BASED ON THE AMENDMENTS ADOPTED BY THE CITY COUNCIL.
ACTION STATEMENT:
TO ACCOMPLISH THE ABOVE, COUNCIL SHOULD APPROVE THE CITY MANAGER'S
PROPOSED BUDGET WITH THE CITY COUNCIL AMENDMENTS OF MAY 12,1992.
A RESOLUTION TO SERVE AS RECOMMENDED GUIDANCE
TO THE VIRGINIA BEACH SCHOOL BOARD
CONCERNING COMPENSATION FOR EMPLOYEES
1 WHEREAS, the City Council has carefully reviewed the FY 1992-93
2 School Operating Budget as recommended by --I-e School BDard and understands the
3 needs of a growing and maturing school system;
4 WHEREAS, the City Council has also carefully reviewed the City
5 Manager'B Proposed FY 1992-93 Operating Budget, which includeb recommended
6 reductions in city prograMB and constraintb on Bchool funding;
7 WHEREAS, thebe reviews have been undertaken with the underbtanding
8 that anticipated local revenues for FY 1992-93 are estimated to decline by 4.25%
9 from the FY 1991-92 budgeted level and that future fibcal years may see only
10 minor improvement;
11 WHEREAS, the City Council iB interested in recognizing the hard work
12 and efforts of all employeeb, both city and school, by providing for equitable
13 compensation packages in the FY 1992-93 Operating Budget. The City Council
14 wishes to provide to all employees of the government, a 2% general increase
15 effective July 1, 1992, a $20 per month per employee increase in the City
16 contribution to health insurance effective January, 1993, and a second general
17 increase of 2.5% in January, 1993 capped at $1,200.
18 WHEREAS, there are many unmet capital needs for Bchool construction
19 which can be partly addrebsed through FY 1991-92 school reversions to the city;
20 WHEREAS, the City Council adopts this resolution in order to take a
21 fiscally prudent course relative to current and future city resources and needs.
22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA, that this resolution be forwarded to the Virginia Beach
24 School Board to express the intent of City Council and to serve as guidance in
25 ebtablishing equitable levels of employee compenbation for all employees of the
26 government in FY 1992-93;
27 BE IT FURTHER RESOLVED, that all reversions from the School SyBtem
28 for FY 1991-92 be used only for Bchool capital improvements, save any portion of
29 such reversionb required to conform with the City's minimum undesignated fund
30 balance policy.
31 Adopted by the City Council of the City of Virginia Beach, virginia
32 on this day, May 12, 1992.
E
GENERAL FUND
LEGISLATIVE DEPARTMENT:
Mu.icip.1 C.Un.il 315,127
City Clerk 316,009
Total 631,136
EXECUTIVE DEPARTMENT:
City Man.g.r $ 675,715
Citize. ServiCe-/Public I.for..ti.. 471,458
T.tal 1,147,173
LAW DEPARTMENT:
City Att.@.ey $ 1,518,634
FINANCE DEPARTMENT:
c.mmi..Ion.r of the Rev..ue $ 2,734,688
B..rd of EqU.liz.tion 16,056
City R..l E.t.te A.5 ... or 1,466,796
T@ea..rer 3,212,325
Di@.@tor of Fina.c. 3,489,447
Tot.1 $ 10,919,312
DEPARTMENT OF HUMAN RESOURCES:
HUMa. Re.ourc.. $ 2,247,763
JUDICIAL DEPARTMENT:
Cir@uit Co.rt $ 377,300
Gen.ral District C.urt 46,186
J.,e.il. nd D.M..tic Rel.tion. District CoUrt 30,723
Public D.f.nder 74,329
M.diCal EXami.er 9,075
Cl.rk of the Circuit Co@rt 380,933
M.gistrate. 15,191
C.mmon@..Ith'. Att.rney 2,056,990
she@iff ..d C.rrecti.ns 10,022,675
Juvenil. Pr.bati.n 992,391
T.tal $ 14,005,793
HEALTH DEPARTMENT:
Pr.Ventive MediCin. $ 1,711,403
Contract..l H..lth S.rvic.@ 379,851
Per.onal Care S.rvices 58,476
Total $ 2,149,730
SOCIAL SERVICES DEPARTMENT:
S.Cial s.rvic.. $ 16,946,186
POLICE DEPARTMENT:
Polic. $ 4 0 , 2 54 , 8 12
PUBLIC WORKS DEPARTMENT:
Public Works $ 42,979,625
PARKS AND RECREATION DEPARTMENT:
ParkB ..d R.creatio. $ 12,490,152
LIBRARY DEPARTMENT:
Libr.ry $ 7,137,736
PLANNING DEPARTMENT:
Planning $ 2,431,012
AGRICULTURE DEPARTMENT:
Agric.1t@re $ 692,489
DEPARTMENT OF ECONOMIC DEVELOPMENT:
Direct.r of Economic Develop.ent $ 1,162,622
DEPARTMENT OF GENERAL SERVICES:
Gener.1 Services $ 16,525,997
BOARDS AND COMMISSIONS:
Gener.1 Regi.trar $ 519,717
Z.ning Bo.rd of Appeal. 18,361
Arts and Humanities Co..iB$i-- 202,200
M... Tran.it Oper.ti.ns 838,213
wetlandS Board of Virginia B..Ch 13,666
D.p.rtm..t Volu.t..r C .... il 27,360
Vid.o Servic.. Dep.rt.ent 584,075
Total $ 2,203,592
NON-DEPARTMENTAL:
Co .... ity O@g@ni.ati.n In@..tive Gr..ts 320,920
Empl.y.. Speci@l Ben.fit. 385,206
GENERAL FUND
NON-DEPARTMENTAL: (@o.@lud.d)
Re@enu. Reimbur.eme.ts $931,946
R.9i..al Parti@ip@tio.
Tot.1 619,031
$2 , 2 57 , I 0 3
FIRE DEPARTMENT:
Fir. $17,586,460
EMERGENCY MEDICAL SERVICES:
Em-@ge.cy M.dical Ser,ice. $1,175,711
DEPARTMENT OF MUSEUMS:
mu..Um. $222,128
DEPARTMENT OF MANAGEMENT AND BUDGET:
manag.me.t and BUdget $1,293,338
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT:
Conv.nti.n ..d Vi-itO@ Dev.lop.ent $6,798,245
HOUSING AND NEIGHBORHOOD PRESERVATION:
H..Sing a.d Neighbo,h.od Pres-@vation $6 7 64 5 6
TRANSFERS:
T@ansf.r t. Oth.r F@nds $230,894,896
RESERVES:
R.Serve f.r CO.tingenci.. $4,528,907
TOTAL GENERAL FUND $440,877,008
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
In.tructi.n $ 2 6 1 , 82 5, 7 0 5
Admini.tration, Attend.,c@ ,d H@Ilth 9,299,030
PUPil Tr.nsportation 11,977,734
Op.ratio.. and Mdi.ten..ce 35,182,307
Total School Oper.ting Fund Requ..t
$ 3 18 , 2 8 4 , 7 7 6
Pl.s: School Mainfr... ch.rge. 750,000
Les6: school Mainfr&Me Charges to be AbSorbed by Schools (150,000)
Le.s: CitY Man.g.r R.ducti.n (8,995,884)
Total School Op.rating Fu,d R.Com.e@d@d by city M.nag.r 309,888,892
Pl..: AMOUnt ReStored by City C!.uncil 2,911,268
Tot.1 SchOOl Oper.ting FU,d Appro,ed by City C..ncil-
$ 3 12 , 8 0 0 , 1 6 0
'c-tegory mount. t. be d.terined by th. City Man.ger ..d School Superi.t.nd.nt.
GRANTS CONSOLIDATED FUND
JUDICIAL DEPARTMENT:
CDI93 Pr.-Tri.1 Progr.m $158,259
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
Mental H..Ith/Ment@l Ret@rd@tion/Subst,nle Ab,@@ $867,204
HOUSING AND NEIGHBORHOOD PRESERVATION:
S.Cti.n 8 H.USi.g $175,963
RESERVES:
R..erv. for Continge.@ie. $19,958
TOTAL GRANTS CONSOLIDATED FUND $1,221,384
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
L.@ Library $176,676
RESERVES:
R.serve for Conting.ncie. $12,944
TRANSFERS:
Tr.nsf.r t. Oth.r F@nds $61,930
TOTAL LAW LIBRARY FUND $251,550
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
Pe.dleton Child S@@,ic. Ce.ter $ 931,858
RESERVES:
R..erv. fo@ Conting.nci.8 $ 15,998
TOTAL PENDLETON CHILD SERVICE CENTER FUXD $ 947,856
COMMUNITY DEVELOPMENT FUND
HOUSING AND NEIGHBORHOOD PRESERVATIOM:
Ad.ini.tr.tion nd Hou.ing $ 1,324,993
RESERVES:
Res.rve for Conting@nci.. $ 9,359
TRANSFERS:
Tr...f.@ t. Oth.r F@nd. $ 342,444
TOTAL COMMUNITY DEVELOPMENT FUND $ 1,676,796
COMMUNITY CORRECTIONS SPECIAL REVENUE FUND
JUDICIAL DEPARTMENT:
CDI93 Core Service/C.Se man.gem..t $ 319,302
RESERVES:
R..erv. for CO.tingenci.5 $ 2,497
TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 321,799
MH/MR/SA FUND
DEPARTMENT OF MENTAL HEALTH:
Ment.1 H.alth $ 10,997,990
RESERVES:
R..erv. for Contingencie. $ 135,668
TOTAL MH/MR/SA FUND $ 11,133,658
CD LOAN AND GRANT FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
Loans and Grant. $ 1,070,000
HOMELESS INTERVENTION FUND
HOUSING AND NEIGHBORHOOD PRESERVATIOII:
Ho..les. Int.rv..tion $ 140,349
DEA SEIZED PROPERTY SPECIAL REVENUE FUND
RESERVES:
Re..rv. for COntigencies $ 104,105
TRANSFERS:
Tra.afer. to Other Fu.ds $ 45,895
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND $ 150,000
FEDERAL HOUSING ASSISTANCE GRANT
HOUSING AND NEIGHBORHOOD PRESERVATION:
Ho.. Program $ 1,160,000
POLICE AIRPLANE SPECIAL REVENUE FUND
POLICE DEPARTMENT:
Airpl.ne Eterpris. $ 167,919
WATER AND SEWER FUND
DEPART74ENT OF PUBLIC UTILITIES:
Public Utiliti.. $34,914,064
REVENUE BOND DEBT SERVICE:
R.v..ue Bond. $13,072,141
t . @f
WATER AND SEWER FUND
RESERVES:
Reserve for Contingen.ies $ 1,991,415
TRANSFERS:
Tr.nsf.re t. Oth.r F.nd. $ 6,086,805
TOTAL WATER AND SEWER FTJND $ 56,064,425
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
Golf Cours.. $ 1,705,601
RESERVES:
ReS.rve for Continge.cie. s 104,768
TRANSFERS:
Tra..fer. to Oth.r FUDB $ 340,869
TOTAL GOLF COURSE ENTERPRISE FUND $ 2,151,238
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
M.Se... $ 1,381,997
RESERVES:
R..erv. f.@ C..ti.g..Ci.. $ 47,995
TRANSFERS:
Tran.fers to Other Fund. $ 728,670
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,158,662
RESORT PARKING ENTEAPRISE FUND
PUBLIC WORKS DEPARTMENT:
Parking SySteMS M.nag.ment $ 283,741
RESERVES:
R.5erv. fOr COntingen@ies $ 16,220
TRANSFERS:
Tr.n.fer. to Other Pund. $ 150,039
TOTAL RESORT PARKING ENTERPRISE FUND $ 450,000
GENERAL DEBT FUND
DEBT SERVICE:
Debt S@rvice $ 65,446,612
COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND
HOUSING AND NEIGHBORHOOD PRESERVATION:
C.@unity D.Vel.pment Capit.1 Pr.je@t. $ 75,000
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fire Progr..s $ 200,000
FIRE PROGRAMS CAPITAL PROJECTS FUND
RESERVES:
Re..r@e for C..ting..cie. $ 123,000
TOTAL FIRE PROGRAMS CAPITAL PROJECTS FUND $ 323,000
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES:
W.ter nd Sewer Capit.1 Pr.ject. $ 2,000,000
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
Engi.eering ..d High@ay. Capital P,,I.@t, 1,133,677
I @ @@ @ @ @ . @f I
RESORT PROGRAM CAPITAL PROJECTS FUND
OFFICES:
R.5ort Area Capital Prol.cts $ 3,294,871
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
TRANSFERS:
Tran.f.r. to Other Fu.da $ 1,872,976
TOTAL SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,872,976
PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND
PARKS AND RECREATION DEPARTMENT:
Park- ..d R.cr.atio. capit.1 Project. $ 1 , 14 8 , 0 0 0
TRANSFERS:
Tran.fers to Oth.r Funds s 95,502
TOTAL PARKS AND RECREATION GENERAL REVENUE CAPITAL PROJECTS FUND $ 1,243,502
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF GENERAL SERVICES:
BUilding C.pit.1 Pr.j.cts $ 11000,000
TOTAL BUDGET $ 909,132,442
Les.: InterfUnd Tr.nsfers 240,620,026
NET BUDGET 668,512,416
34 Section 2. Subject to the provisions of Chapter 2, Article
35 III, of the Virginia Beach City Code, the Salaries and wages set
36 forth in detail in said Annual Budget, are hereby authorized and
37 fixed as the maximum compensation to be paid for services rendered.
3 8 The total of permanent positions, shall be the maximum of
39 positions authorized for the various departments of the city during
40 said fiscal year except changes or additions authorized by the
41 Council and as hereinafter provided. The City Manager may from
42 time to time increase or decrease the number of temporary positions
43 provided the aggregate amount expended for such services shall not
44 exceed the respective appropriations made therefor. With the
45 exception of the education department, the City Manager is
46 authorized to make such rearrangements of positions within and
47 between bureaus, divisions, and departments named herein, as may
48 best meet the uses and interests of the city.
49 Section 3. All collection of delinquent city taxes shall be
50 credited to the General Fund of the city by the Treasurer.
51 Section 4. All collections of local taxes levied shall be
52 credited to the General Fund of the city. Transfers shall be made
53 from the General Fund to the respective specially designated funds
54 for which a levy is made in the respective amounts levied for each
55 such specially designated funds.
56 Section 5. All balances of the appropriations payable out of
57 each fund of the City Treasury unencumbered at the close of
58 business for the fiscal year ending on the thirtieth day of June,
59 1993, except, as otherwise provided for, are hereby declared to be
60 lapsed into the surplus of the respective funds, except School
61 operating Fund which shall lapse into the General Fund Surplus, and
62 may be used for the payment of the appropriations which may be made
63 in the appropriation ordinance for the fiscal year beginning July
64 1, 1993. However, there shall be retained in the General Fund
65 Balance, an undesignated amount not less than the range of seventy-
66 five (75) to one hundred (100) percent of the budget for city and
67 school debt service payments for that fiscal year for contingencies
68 and emergency situations and not to be used to support
2
69 appropriations approved in the ordinance for the fiscal y,ar
70 beginning Tuly 1, 1992, except upon subsequent authorization by
71 City Council.
72 section 6. No department or agency for which appropriations
73 are made under the provisions of this ordinance shall exceed the
74 amount of the appropriations except with the consent and approval
75 of the City Council first being obtained, but it is expressly
76 provided that the restrictions with respect to the expenditure of
77 the funds appropriated shall apply only to the totals for e,ch
78 operating appropriation unit included in this ordinance and does
79 not apply to Interfund Transfers.
80 The City Manager or those persons designated in writing by
81 him, where a copy of such designation is on file with the Director
82 of Finance, is hereby authorized to approve transfers for
83 appropriations within any department or between departments In an
84 amount not to exceed $10,000 in any single transaction, and is
85 further authorized to approve transfers and expenditures from the
86 Reserve for Contingencies in an amount not to exceed $10,000 in any
87 single transaction except herein provided. The City Manager may
88 limit expenditures to the classes of appropriationb as set forth in
89 the budget document or as required by the State Auditor of Public
90 Accounts if such requirements are different from the classes shown
91 inthebudgetdocument. Inaddition, theCityManagermaytransfer
92 appropriations from Reserve f or Contingencies, in amounts
93 necessary, for salary or fringe benefit adjustments approved by
94 City Council
95 e
96 a
97 Section 7. Nothing in this section shall be construed as
98 authorizing any reduction to be made in the amount appropriated in
99 this Ordinance for the payment of interest or bonds on the bonded
00 debt of the City Government.
01 Section a. Allowances out of any of the appropriations made
02 in this ordinance by any or all of the city departments, bureaus,
03 or agencies, to any of their officerb and employees for expenses on
3
104 account of the use by such officers and employees of their personal
105 automobiles in the discharge of their official duties shall not
106 exceed twenty-four cents ($.24) per mile of actual travel for the
107 first 15,000 miles and eleven ($.11) per mile for additional miles
108 of such use within the fiscal year.
109 Section 9. All traveling expense accounts shall be submitted
110 on forms approved by the Director of Finance and according to
ill regulations approved by the City Council. Each account shall show
112 the dates expenses were incurred or paid; number of miles traveled;
113 method of travel; hotel expenses, meals, and incidental expenses.
114 The Director of Finance is specifically directed to withhold the
115 issuance of checks in payment of expense accounts submitted for
116 "lump-sum" amounts, including payments to employees of the School
117 Board.
118 Section 10. That this ordinance shall be in effect from and
119 after the date of its adoption.
120 Section 11. That if any part or parts, section or sections,
121 sentences, clause, or phrase of this ordinance is for any reason
122 declared to be unconstitutional or invalid, such decision shall not
123 affect the validity of the remaining portions of this Ordinance.
124 Adopted by the Council of the City of Virginia Beach,
125 virginia, on the - 12 day of Ma 1992.
126 CA-4608
27 ORDIN\NONCODE\BUDGET1.ORD
28 R-3
FD@ PS,TO
AS TO LE-GAL
FORM
EY
4
- 31 -
Item III-J.1.
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35594
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council APPROVED in ONE MOTION Items J.l.b, c, d, e, f, g, h, i, j and k of the
FY 1992-1993 BUDGET APPROPRIATIONS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne*, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman Lanteigne voted a VERBAL NAY on Item J. l.d.
- 32 -
Item 111-J.l.b
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35595
Upon motion by Counci lman Heischober, seconded by Counci lman Clyburn, City
Council ADOPTED:
Ord i nance estab I 1 sh i ng the tax I evy on rea I estate
tor Tax Fiscal Year 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 33 -
Item 111-J.l.c
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35596
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance establishing the tax levy on personal
property and machinery and tools for Calendar Year
1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE ESTABLISHING THE TAX
2 LEVY ON REAL ESTATE FOR TAX FISCAL
3 YEAR 1993
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
7 There shall be levied and collected for fiscal year 1993 taxes
8 for general purposes on all real estate, not exempt from taxation
9 and not otherwise provided for in this Ordinance, at the rate of
10 one dollar and nine cents ($1.09) on each one hundred dollars
11 ($100) of assessed valuation thereof. The real property tax rates
12 which have been prescribed in this section shall be applied on the
13 basis of one hundred percentum of the fair market value of such
14 real property except for public service real property which shall
15 be on the basis as provided in Section 58.1-2604 of the Code of
16 Virginia, as amended.
17 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL
18 EOUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE.
19 In accordance with Section 58.1-3660 (A) of the Code of
20 Virginia (1950), as amended, there shall be levied and collected
21 for general purposes for fiscal year 1993, taxes on all real estate
22 certified by the Commonwealth of Virginia as "Certified Pollution
23 Control Equipment and Facilities" not exempt from taxation, at the
24 rate of one dollar and nine cents ($1.09) on each one hundred
25 dollars ($100) of assessed valuation thereof. The real property
26 tax rates imposed in this section shall be applied on the basis of
27 one hundred percentum of fair market value of such real property.
28 Section 3. CONSTITUTIONALITY.
29 That if any part or parts, section or sections, sentences,
30 clause, or phrase of this ordinance is for any reason declared to
31 be unconstitutional or invalid, such decision shall not affect the
32 validity of the remaining portion of this ordinance.
33 Section 4. E.
34 This Ordinance shall be in effect from and after the date of
35 its adoption.
3 6 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 12 day of May 1992.
38 CA-4610
39 ORDIN\NONCODE\BUDGET2.ORD
40 R-3
AppROVED AS TO LE!GAT
2
1 AN ORDINANCE ESTABLISHING THE TAX
2 LEVY ON PERSONAL PROPERTY AND
3 MACHINERY AND TOOLS FOR THE CALENDAR
4 YEAR 1993.
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
8 In accordance with Chapter 35 of Title 58.1 of the Code of
9 Virginia (1950), as amended, there shall be levied and collected
10 for general purposes for the calendar year 1993, taxes on all
11 tangible personal property, not exempt from taxation and not
12 otherwise provided for in this Ordinance, at the rate of three
13 dollars and eighty cents ($3.80) on each one hundred dollars ($100)
14 assessed valuation thereof.
15 In accordance with Section 58.1-3504 for the Code of Virginia
16 (1950), as amended, certain household goods and personal effects as
17 defined therein shall be exempt from taxation.
18 Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS
19 PERSONAL PROPERTY USED AS MOBILE HOMES.
20 In accordance with Section 58.1-3506 (A)(8) of the Code of
21 Virginia (1950), as amended, there shall be levied and collected
22 for general purposes for the calendar year 1993 taxes on all
23 vehicles without motor power used or designated to be used as
24 mobile homes, at the rate of one dollar and nine cents ($1.09) on
25 each one hundred dollars ($100) of assessed valuation thereof.
26 Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING
27 FIVE TONS OR MORE.
28 In accordance with section 58.1-3506 (A)(1) of the Code of
29 Virginia (1950), as amended, there shall be levied and collected
30 for general purposes for the calendar year 1993 taxes on all boats
31 or watercraft weighing five tons or more at the rate of one dollar
32 and fifty cents ($1.50) on each one hundred dollars ($100) of
33 assessed valuation thereof.
34 Section 4. AMOUNT OF LEVY ON "CERT- ON CONTROL
35 EOUIPMENT AND FACILITIES" CLASSIFIED AS T NAL PROPERTY.
36 In accordance with Section 58.1-3660 (A) of the Code of
37 Virginia (1950), as amended, there shall be levied and collected
38 for general purposes for the calendar year 1993 taxes on all
39 tangible personal property certif ied by the commonwealth of
40 Virginia as "Certified Pollution Control Equipment and Facilitiesto
41 not exempt from taxation, at the rate of three dollars and eighty
42 cents ($3.80) on each one hundred dollars ($100) of assessed
43 valuation thereof.
44 Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS,
45 FARM TOOLS. AND FARM LIVESTOCK INCLUDING ALL HORSES, POULTRY, AND
46 GRAIN . AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND
47 POULTRY.
48 In accordance with Section 58.1-3505 of the Code of Virginia
49 (1950), as amended, there shall be levied and collected for general
50 purposes for the calendar year 1993 taxes on all farm machinery and
51 implements, farm tools, and farm livestock, including all horses,
52 poultry, and grains and feeds used for the nurture of farm
53 livestock and poultry, not exempt from taxation, at the rate of one
54 dollar ($l) on each one hundred dollars ($100) of assessed
55 valuation thereof.
56 Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
57 In accordance with Section 58.1-3507 of the Code of Virginia
58 (1950), as amended, there shall be levied and collected for general
59 purposes for the calendar year 1993 taxes on machinery and tools,
60 not exempt from taxation, at the rate of one dollar ($l) on each
61 one hundred dollars ($100) of assessed valuation thereof.
62 Section 7. AMOUNT OF LEVY ON AIRCRAFT
63 In accordance with Section 58.1-3506 (A)(2,3) of the Code of
64 Virginia (1950), as amended, there shall be levied and collected
65 for general purposes for the calendar year 1993 taxes on all
66 aircraft at the rate of three dollars and eighty cents ($3.80) on
67 each one hundred dollars ($100) of assessed valuation thereof.
2
68 Section 8. AMOUNT OF LEVY ON ANTIOUE AUTOMOBILES.
69 In accordance with Section 58.1-3506 (A) (4) of the Code of
70 Virginia (1950), as amended, there shall be levied and collected
71 for general purposes for the calendar year 1993 taxes on all
72 antique automobiles at the rate of three dollars and eighty cents
73 ($3.80) on each one hundred dollars ($100) of assessed valuation
74 thereof.
75 Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EOUIPMENT.
76 In accordance with Section 58.1-3506 (A)(6) of the Code of
77 Virginia (1950), as amended, there shall be levied and collected
78 for general purposes for the calendar year 1993 taxes on all heavy
79 construction equipment at the rate of three dollars and eighty
80 cents ($3.80) on each one hundred dollars ($100) of assessed
81 valuation thereof.
82 Section 10. -MOUNT OF LEVY ON RESEARCH AND DEVELOPMENT
83 BUSINESS TANGIBLE PERSONAL PROPERTY
84 In accordance with Section 58.1-3506 (A)(5) of the Code of
85 Virginia (1950) as amended, there shall be levied and collected for
86 general purposes for the calendar year 1993 taxes on all research
87 and development tangible personal property, not exempt from
88 taxation, at the rate of one dollar ($l) on each one hundred
89 dollars ($100) of assessed valuation thereof.
90 Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EOUIPMENT.
91 In accordance with Section 58.1-3506 (A)(7) of the Code of
92 Virginia (1950) as amended, there shall be levied and collected for
93 general purposes for the calendar year 1993 taxes on all energy
94 conversion equipment at the rate of one dollar ($1 ) on each one
95 hundred dollars ($100) of assessed valuation thereof.
96 section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
97 In accordance with Section 58.1-3506 (A)(9) of the Code of
98 Virginia (1950) as amended, there shall be levied and collected for
99 general purposes for the calendar year 1993 taxes on all computer
00 hardware used by businesses primarily engaged in providing data
01 processing services to other nonrelated or nonaffiliated
02 businesses, not exempt from taxation, at the rate of three dollars
3
103 and eighty cents ($3.80) on each one hundred dollars ($100) of
104 assessed valuation thereof.
105 section 13.
106
107 In accordance with Section 58.1-3506 (A)(10) of the Code of
108 virginia (1950) as amended, there shall be levied and collected for
109 general purposes for the calendar year 1993 taxes on all privately
110 owned pleasure boats and watercraft use for recreational purposes
ill only, at the rate of one dollar and fifty cents ($1.50) on each one
112 hundred dollars ($100) of assessed valuation thereof.
113 Secti
114 T ILERS ANLD) M
115 In accordance with Section 58.1-3506 (A)(15) of the Code of
116 Virginia (1950) as amended, there shall be levied and collected for
117 general purposes for the calendar year 1993 taxes on all privately
118 owned camping trailers and motor homes as defined in Section 46.2-
119 100 of the Code of Virginia (1950), which are used for recreational
120 purposes only, at the rate of one dollar and fifty cents ($1.50) on
121 each one hundred dollars ($100) of assessed valuation thereof.
122 Section 15. ASSESSED VALUE DETERMIN TION.
123 In accordance with Section 58.1-3103 of the Code of Virginia
124 (1950) as amended, personal property mentioned in the above
125 sections shall be assessed at actual fair market value, to be
126 determined by the Commissioner of Revenue for the City of Virginia
127 Beach.
128 KLITY.
129 That if any part of parts, section or sections, sentences,
130 clause, or phrase of this ordinance is for any reason declared to
131 be unconstitutional or invalid, such decision shall not affect the
132 validity of the remaining portions of this ordinance.
133 Section 17 ATE.
134 This ordinance shall be in effect January 1, 1993.
4
135 Adopted by the Council of the City of Virginia Beach,
136 Virginia, on the 12 day of May 1992.
137 CA-4612
138 ORDIN\NONCODE\BUDGET5.ORD
139 R-3 0 co@
AV?IkOVfD AS TO
SUFTJOENa AND
5
- 34 -
item 111-J.I.d
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35597
Upon rnotion by Counci iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance authorizing the City Manager to suspend
salary Increases for employees eligible to receive
merits and promotions re Sections 2-109 and 2-110
of the Code of the City of Virginia Beach for the
Fiscal Year 1992-1993 as per Section 2-87.1.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne*
Council Members Absent:
None
*Verbal Nay
I AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO SUSPEND SALARY INCREASES
3 FOR EMPLOYEES ELIGIBLE TO RECEIVE
4 MERITS AND PROMOTIONS AS PER
5 SECTIONS 2-109 AND 2-110 OF THE CODE
6 OF THE CITY OF VIRGINIA BEACH
7 WHEREAS, section 2-109(b) of the Virginia Beach CitY Code
8 refers to variable merit increases, whereby such increase may range
9 from a one (1) to three (3) step increment within the pay range of
10 the class to which the employee is assigned;
11 WHEREAS, Section 2-110 of the Virginia BeaCh City Code refers
12 to employee promotions, which require an increase in salary to a
13 minimum step for that new class (A step) or four (4) pay increments
14 above the present range and step, whichever is greater, as long as
15 that increase shall not place the employee at a pay step in the
16 range of the new position higher than the pay step held in the
17 range of the former position;
18 WHEREAS, the City Manager believes that, due to limited
19 resources, such salary increases will need to be suspended for FY
20 1992-1993;
21 WHEREAS, Section 2-s7.1 of the Virginia Beach City Code
22 authorizes the City Council, by ordinance, to suspend the award of
23 merit increases and/or promotions at any time for a specific period
24 of time;
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27 That the City Manager is hereby authorized to suspend any and
28 all awards of merit increases and promotions during FY 1992-1993,
29 as per Section 2-87.1 of the Virginia Beach City Code.
30 Adopted by the Council of the City of virginia Beach,
31 Virginia, on the 12 day of May 1992. N
32 CA-#
33 ORDIN\NONCODE\BUDGET3.ORD NT
34 R-1
I-DASTOLEGAI
)Vr
FORM
- 35 -
Item iii-i.i.e
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35598
Upon motion by Counci iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance authorizing the City Manager to transfer
excess appropriations to Reserve for Contingencies
re use In funding unanticipated expenditures.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ALLOW THE CITY
2 MANAGER TO TRANSFER EXCESS
3 APPROPRIATIONS DURING THE FISCAL
4 YEAR TO THE RESERVE FOR
5 CONTINGENCIES FOR USE IN FUNDING
6 UNANTICIPATED EXPENDITURES
7 WHEREAS, the City Manager or the Assistant City Manager for
8 Analysis and Evaluation is authorized to approve transfers for
9 appropriations within any department or between departments in an
10 amount not to exceed $10,000 in any single transaction, and is
11 further authorized to approve transfers and expenditures from the
12 Reserve for Contingencies in an amount not to exceed $10,000 in any
13 single transaction except as provided within the budget ordinance;
14 WHEREAS, the Reserve for contingencies may require
15 supplemental funding during the fiscal year in order to cover
16 additional unanticipated expenditures during the fiscal year;
17 WHEREAS, such supplemental funding may be available within
18 existing appropriations in other sections of the operating Budget
19 due to cost savings realized after incurring expenditures;
20 WHEREAS, transfer of such excess appropriations to the Reserve
21 for Contingencies would not increase the total Operating Budget for
22 a fiscal year;
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That the City Manager is hereby authorized to transfer any
26 excess appropriations to the Reserve for Contingencies after all
27 anticipated expenditures for which those funds were appropriated
28 have been incurred.
29 Adopted by the Council of the City of virginia Beach,
30 virginia, on the 12 day of May 1992.
APPROVED AS TO C
31 CA-4611
32 ORDIN\NONCODE\BUDGET4.ORD
33 R-2
DEPARTMENT
APPROVED AS TO LEGAI
CITY ArroRNEY
- 36 -
Item 111-J.I.t
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35599
Upon motion by Counci iman Heischober, seconded by Counci lman Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-109.1 of
the Code of the City of Virginia Beach, Virginia,
re merit leave.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 2-109.1 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 MERIT LEAVE.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 2-109.1 Of the Code of the city of Virginia
9 Beach, Virginia, is hereby amended and reordained to read as
10 follows:
11 Section 2-109.1. Merit leave.
12 (a) Merit leave shall be leave with pay that is awarded to
13 full-time permanent and probational employees on the general and
14 administrative coinpensation plans based on job performance as
15 evaluated by the city-wide performance evaluation program.
16 (b) Each eligible employee shall be formally evaluated and
17 rated on his or her respective anniversary date during fiscal year
18 199-12-199-a3 to determine the level of performance the employee has
19 achieved. Based on this rating, full-time employees who have not
20 reached the (P) step of the pay range shall be awarded merit leave
21 as follows:
22 (1) One (1) day for acceptable or fully satisfactory
23 performance;
24 (2) Two (2) days for very good or superior performance;
25 (3) Three (3) days for outstanding performance subject to
26 final approval by the city manager; provided, however
27 that full-time employees completing the probationary
28 period shall be eligible for no more than two (2) days of
29 merit leave.
30 (c) Full-time permanent employees at the (P) step of the pay
31 range shall be eligible on their anniversary date for one (1) day
32 of merit leave provided that their annual performance is
33 outstanding for their position, or two (2) days of merit leave if
34 the employee demonstrates performance of an outstanding nature,
35 which resulted in practical innovative ideas or methods involving
36 efficiency in time and process, a major documented cost savings to
37 the city, or resulted in extreme bravery or risk for the benefit of
38 the city.
39 (d) No merit leave shall be awarded for below acceptable or
40 minimally satisfactory performance.
41 (e) This ordinance shall be in effect from July i, 199@2 tO
42 June 30, 199@3.
43 (f) Any leave awarded to an employee in accordance with the
44 provisions of this section shall be used prior to June 30, 199@4.
45 (g) No employee shall be compensated monetarily for unused
46 merit leave.
47 Adopted by the Council of the city of Virginia Beach, Virginia
48 on the 12 day of May 1992.
49 CA-4603 APPROVED AS TO CON'TENTS
50 \ordin\proposed\02-109-l.pro
51 R-1
ll,IRI@"T
APPROVED AS TO LLIGAL
2
- 37 -
Item Iii-i-.l.9
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35600
Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 8-10,
23-48 and 23-50.1 ot the Code of the City of
Virginia Beach, Virginia, re unsafe structures,
open storage of dilapidated equipment and removal
of diseased trees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 8-10, 23-48
3 AND 23-50.1 OF THE CODE OF THE
4 CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO UNSAFE
6 STRUCTURES, OPEN STORAGE OF
7 DILAPIDATED EQUIPMENT, AND
8 REMOVAL OF DISEASED TREES,
9 RESPECTIVELY.
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That Sections 8-10, 23-48 and 23-50.1 of the Code of the City
13 of Virginia Beach, virginia, are hereby amended and reordained to
14 read as follows:
15 Section 8-10. Unsafe, ete., structures.
16 (a) This section is adopted pursuant to the powers vested in
17 the City of Virginia Beach by Section 2.02 of the Charter of the
18 City of Virginia Beach and by Section 15.1-839 of the Code of
19 Virginia, as amended.
20 (b) Upon determination by the code administrator that any
21 building or structure, or portion thereof, is unsafe, unsanitary or
22 not provided with adequate exit facilities, or constitutes a fire
23 hazard or a hazard to health or safety by reason of inadequate
24 maintenance, dilapidation or abandonment, whether or not
25 construction of such building or structure has been completed, such
26 building or structure shall be declared unfit for occupancy.
27 (c) (1) Notice that a building or structure has been
28 declared unfit for occupancy shall be by
29 registered or certified mail or by personal
30 delivery to the owner and to the occupant of the
31 building or structure; provided, however, that if
32 the owner or his agent, despite the exercise of
33 due diligence, cannot be found, such notice shall
34 be sufficient as against the owner if given by
35 certified or registered mail to the last-known
36 address of the owner and posted in a conspicuous
37 place upon the building or structure.
38 (2) Such notice shall state with reasonable
39 particularity the defects or other conditions of
40 the building or structure which render it unfit
41 for occupancy, and shall specify the period of
42 time within which repairs or corrections shall be
43 made or the building or structure, or a portion
44 or portions thereof, demolished and removed.
45 Such period of time shall not be less than is
46 reasonably required by the exercise of due
47 diligence for the required repairs or corrections
48 to be made, or for the building or structure, or
49 portion or portions thereof, to be demolished and
50 removed.
51 (d) In the event the building or structure or any portion
52 thereof is, in the judgment of the code administrator, in actual
53 and iminediate danger of collapse, or when any portion of a building
54 or structure has already collapsed, or when any other condition
55 constitutes an immediate and serious threat to life or safety, the
56 code administrator may order that such building or structure, or
57 portion thereof, be vacated. Such order shall be stated in the
58 notice provided for in subsection (c) hereof. In addition thereto,
59 there shall be posted in at least one conspicuous place upon the
60 premises a placard stating "THIS STRUCTURE IS UNSAFE OR UNFIT FOR
61 OCCUPANCY AND ITS USE OR OCCUPANCY IS PROHIBITED". Upon the
62 posting of such placard, it shall be a violation of this section
63 for any person to enter upon or in such building or structure
64 except with the written authorization of the code administrator for
65 purposes of making required repairs, demolition, or inspection.
66 (e) (1) In the event the owner of a building or structure
67 who has been served with the notice provided for
68 in subsection (c) hereof shall fail to comply
69 with the terms of such notice within the time
70 specified therein, the code administrator shall
2
71 be authorized to close or secure the building or
72 structure through available means, or to order
73 the building or structure, or portion thereof, to
74 be demolished and the debris removed, at the cost
75 of the owner. Such cost hall include an
76 adinistrative fe. i. th. aount of one hundred
77 dollars 100.00 - No building or structure, or
78 portion thereof, shall be demolished by order of
79 the code administrator unless such building or
80 structure, or portion thereof, is unsafe or
81 structurally unsound.
82 (2) Except in cases in which the condition of a
83 building or structure presents an imminent danger
84 to health or safety, no building or structure, or
85 any portion thereof, shall be demolished upon
86 order of the code administrator unless notice of
87 such order is given to the owner, no less than
88 five days prior to the date of demolition, in the
89 manner provided for in subsection (c) hereof. In
90 the event the owner or his address is unknown,
91 notice of the order shall be by publication in a
92 newspaper of general circulation in the city once
93 per week for two consecutive weeks and, in
94 addition thereto, shall be mailed to all holders
95 of current mortgages or deeds of trust upon the
96 property as shown by the records of the Clerk of
97 the Circuit Court. The cost of such publication
98 and mailing shall be charged to the owner.
99 (f) Any person aggrieved by any determination of the code
100 administrator shall have the right to appeal such determination to
101 the Board of Building Code Appeals, Building Maintenance Division,
102 by filing with the code administrator a written notice of appeal
103 specifying the determination appealed from within twenty (20) days
104 of the receipt of such determination. The filing of an appeal
3
105 shall stay all actions in furtherance of the determination until
106 the appeal has been decided.
107 (g) Any person who shall fail to comply with a notice
108 provided for in subsection (c) hereof, or who shall continue to
109 occupy, or permit the occupancy of, a building or structure ordered
110 to be vacated by the code administrator shall be guilty of a
ill misdemeanor punishable by a fine of not less than ten nor more than
112 one thousand dollars, and each day that a violation continues shall
113 constitute a separate offense. Any violation of the provisions of
114 this section may also be enjoined by the circuit court at the suit
115 of the code administrator.
116 (h) All costs chargeable to the owner of property subject to
117 the provisions of this section shall be recoverable by action at
118 law or, at the option of the city, may be collected as real estate
119 taxes are collected in accordance with Article II of Chapter 35 of
120 the City Code.
121 (i) For purposes of this section, the term "code
122 administrator" shall mean the housing code administrator or the
123 building code administrator and their respective assistants and
124 deputies.
125 Section 23-48. open storage of rusted, junked, etc., machinery,
126 equipment, ete.
127 (a) It shall be unlawful for any person to place or leave, on
128 any property in the city, any dilapidated furniture, appliance,
129 machinery, equipment, building material or other item, which is
130 either in a wholly or partially rusted, wrecked, junked, dismantled
131 or inoperative condition and which is not completely enclosed
132 within a building. Any such item which remains on the property for
133 a period of ten (10) days after notice of violation of this section
134 is given to the owner of such property shall be presumed to be
135 abandoned and subject to being removed from the property by the
136 city or its agents without further notice. In the event any such
137 item is so removed, the cost of removal, including an
138 administrative fee in the amount of one hundred doll
13 9 shall be charged to the owner of the property. Any such charge
4
140 which is not paid within thirty (30) days of the date on which it
141 is billed to the owner shall constitute a lien upon the property
142 and may be collected in any manner provided by law for the
143 collection of taxes.
144 (b) This section shall not apply to any licensed junk dealers
145 or establishments engaged in the repair, rebuilding, reconditioning
146 or salvaging of equipment.
147 (c) A violation of this section shall constitute a Class 1
148 misdemeanor. In addition to any other remedy provided herein, the
149 housing code administrator may institute legal action to enjoin the
150 continuing violation of this section.
151 (d) The provisions of this section shall not apply to any
152 parcel of land greater than one acre in size which is located in an
153 agricultural zoning district and used principally for agricultural
154 or horticultural purposes.
155 Section 23-50.1. Removal of certain trees.
156 (a) Upon determination by the housing code administrator or
157 the city arborist, or the officers or employees of their respective
158 departments, that there exists upon any land or premises within the
159 city any tree which, by reason of disease, death, injury, infirmity
160 or other condition, presents a danger to property or to the health
161 and safety of persons or other trees or vegetation, notice shall be
162 served upon the owner of such land or premises or his agent or upon
163 the occupant thereof to cause such tree to be removed within a
164 reasonable period of time, not less than seven (7) days nor more
165 than thirty (30) days, specified in such notice. If the danger
166 presented by such tree may be eliminated by the removal of a
167 portion of such tree, the notice shall specify the portion or
168 portions of the tree to be so removed. For purposes of this
169 section, the term "treell shall be construed to include the plural
170 of the term.
171 (b) Service of the notice provided for herein shall be
172 personal service or by certified or registered mail. In the event
173 the land or premises are vacant and the owner thereof or his agent
174 cannot be found by the exercise of due diligence, such notice shall
5
175 be given by certified or registered mail to the last-known
176 residence or post office box address of the owner and, in addition
177 thereto, shall be posted in a conspicuous place upon the premises.
178 Service of such notice upon one owner or occupant in any manner
179 provided for herein shall be sufficient in the event such land or
180 premises are owned or occupied jointly.
181 (c) Failure to comply with the terms of a notice issued and
182 served as provided in this section within the time prescribed by
183 such notice shall be punishable as a Class 4 misdemeanor, and each
184 day thereafter that the violation continues shall constitute a
185 separate offense. In addition to any fine imposed hereunder, the
186 housing code administrator may, in the name of the city, institute
187 legal action to enjoin the continuing violation of this section and
188 may remove or contract for the removal of any such tree or portion
189 thereof, in which event the cost of such removal, includincf an
190 administrative fee in the amount of one hundred dollars ($100.00)-
191 shall be charged to the person or persons named in the notice and
192 collected by action at law or as delinquent real estate taxes are
193 collected, or both. The remedies provided for herein shall be
194 cumulative in nature.
195 (d) The provisions of this section shall not apply to any
196 parcel of land greater than one acre in size which is located in an
197 agricultural zoning district and used principally for agricultural
198 or horticultural purposes.
199 Adopted by the Council of the City of Virginia Beach, Virginia
200 on the 12th day f MAY 1992.
201 CA-4605
202 \ordin\proposed\08-010et.pro APPROVED AS TO CON@MTS
203 R-1
APPROVED AS TO LEGAL
ND FORM
RNEY
6
- 38 -
Item 111-J.l.h
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35601
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 31-61 of
the Code of the City ot Virginia Beach, Virginia,
re Increased charge for depositing solid waste.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 31-61 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 THE CHARGE FOR DEPOSITING SOLID
6 WASTE AT CITY REFUSE DISPOSAL
7 AREA.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 31-61 of the Code of the City of Virginia Beach,
11 virginia, is hereby amended and reordained to read as follows:
12 Section 31-61. Use charges.
13 (a) There shall be a fee of thirty- six dollars
14 tiienty five @ ($35.25 $36.00) per ton, or an seventeen eighteen
15 dollar and fifty eent- ($17.50 $18.00) minimum charge for less than
16 one ton, or any part thereof, for all sanitary solid waste, refuse,
17 debris or garbage generated solely within the city and deposited at
18 the city refuse disposal areas; provided however, that residents of
19 the city depositing sanitary solid waste, refuse, debris or garbage
20 generated solely from their households may deposit the same free of
21 charge.
22 (b) There shall be a fee of seventy-five cents ($0.75) per
23 tire for cutting and disposing of tires at the city refuse disposal
24 areas.
25 This ordinance shall be effective on July 1, 1992.
26 Adopted by the Council of the City of Virginia Beach, Virginia
27 on the 12th day of MAY 1992.
28 CA-4616 APPROVED AS TO COt4TENTS
29 \ordin\proposed\31-061.pro
30 R-1 SIGNAI-L)RE
DEPARTMENT
APPROVED AS TO LEGAI
- 39 -
Item Iii-J.l.i.
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35602
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance authorizing the City Manager to establish
and charge fees re use of computerized dial-up
services to access the City's assessment files.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO ESTABLISH AND TO CHARGE
3 FEES FOR THE USE OF THE COMPUTERIZED
4 DIAL-UP SERVICES AVAILABLE TO THOSE
5 INDIVIDUALS WISHING TO ACCESS THE
6 CITY'S ASSESSMENT FILES
7 WHEREAS, S,-ction 2.02(e) of the City Charter empowers the
8 City 11[t]o establish and collect such fees as may be determined by
9 the council to be reasonable for the rendering of special
10 services;"
11 WHEREAS, the City Real Estate Assessor's Office has
12 worked with other City departments to develop a system whereby
13 individuals will be able to access City Real Estate files for
14 reference and research through a computer dial-up system; and
15 WHEREAS, the costs of such service will be recovered
16 through a fee for use charged to individuals and offices accessing
17 the system at a rate to be determined wlien the system becomes fully
18 operational.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That the City Manager is hereby authorized to establish
22 and charge a fee to any person, group, or organization wishing to
23 access the City's assessment files by way of a computerized dial-up
24 system; provided, however, that such fee shall not exceed the
25 actual costs to the city to develop and provide the service.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the 12 day of May , 1992.
28 CA-4625 APPROVED AS To @TENTS
29 ORDIN\NONCODE\DIALUP.ORD
30 R-1 SIGKATURE
DEPARTMENT
APPROVED AS,ro LEGAL
SUFFICIENCY A@,'D FORM
- 40 -
Item 111-J.l.j
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35603
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Resolution authorizing the City Manager to
reorganize existing structure of City Operations
with continuing analyzation of same.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION TO REORGANIZE THE
2 EXISTING STRUCTURE OF CITY
3 OPERATIONS
4 WHEREAS, the City of Virginia Beach exists in an
5 environment of rapid overall change precipitated by changes due to
6 technological advancements, changes in the demographics of its
7 citizens, changes in community needs, and changes in the fiscal
8 environment;
9 WHEREAS, the City's administration has the responsibility
10 to periodically examine its organizational structure and to make
11 adjustments to better serve its customers, the citizens of the
12 City;
13 WHEREAS, the City Manager has determined that (1) the
14 strategic plan for the management of the City should be revised to
15 reflect changes in both the external and internal environment in
16 order to more effectively deal with issues relevant to the City's
17 custotners, and that (2) the City's organization should be revised
18 to better implement the strategic plan and to contribute to the
19 accomplishment of the City's goals and objectives; and
20 WHEREAS, City Council has reviewed the proposed revisions
21 and is confident that their implementation will be in the best
22 interests of the City and its customers.
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 1. That the Department of Permits and Inspections is
26 hereby abolished, and its functions are hereby reassigned to the
27 Departments of Planning and Public Works;
28 2. That the Development Services Department is hereby
29 abolished, and its functions are hereby reassigned to the
30 Department of Planning;
31 3. That the Department of Natural Resources and Rural
32 Services is hereby abolished, its Division of Environmental
33 Management is hereby reassigned to the Department of Planning, and
34 its Divisions of Administration, Farmers' Market, and Environmental
35 Services are hereby reassigned to the Department of Agriculture;
3 6 4 . That the Municipal video Production Unit, presently
37 assigned to the Public Information office is hereby abolished, and
38 its functions are hereby reassigned to the Joint Cable Center;
39 5. That the Office of Intergovernmental Relations is
40 hereby abolished, and its functions are hereby reassigned to the
41 City Manager's office;
42 6. That the review and inspection function currently
43 assigned to the Division of Landscape Services in the Department of
44 General Services, under the Site Plan ordinance, is hereby
45 reassigned to the Department of Planning;
46 7. That the Department of Management and Budget is
47 hereby created, to be comprised of the Internal Audit Division,
48 previously located within the Department of Finance, the office of
49 Research and Strategic Analysis, and the office of Budget and
50 Evaluation;
51 8. That the City Manager is hereby authorized to
52 transfer appropriated funds and existing positions as may be
53 necessary to implement the organizational changes set forth herein;
54 9. That this Resolution shall become effective
55 immediately upon its adoption and that the specific organizational
56 changes set forth herein shall be implemented on such date or dates
57 as the City Manager determines, in his discretion, to be necessary
58 to guarantee a smooth and orderly transition of existing
59 organizational functions; and
60 10. That the City Manager is hereby authorized and
61 directed to continue to examine and analyze the City's
62 organizational structure and to periodically make such
63 recommendations to the Council as the City Manager determines to be
64 in the best interests of the City and its citizens.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 12 day of May 1992.
APPROVED AS TO ENTS
67 CA-4607
68 ORDIN\NONCODE\STRUCTUR.RES
69 R-4
DE.P,&.gTMI'NT
2 AFI'ROVED AS TO IEGAT
ND FORM
cm
- 41 -
Item 111-J.I.k
ORDINANCES
FY 1992-1993 BUDGET
APPROPRIATIONS ITEM # 35604
Upon motion by Counci lman Heischober, seconded by Counci Iman Clyburn, City
Council ADOPTED, AS REVISED*:
Ordinance to AMEND and REORDAIN Chapter 2 of the
Code of the City of Virginia Beach, Virginia
reflecting changes required by reorganization of
the City Administration.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober ' Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN CHAPTER 2 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO
5 ADMINISTRATION.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Chapter 2 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 ARq]!GT-E VII. DEPARTi!E!;T GF
11 PEPIIITS A?iD I?;SPEGq3l@
12 Beetion 2-246. created! duties of direater
13 EPhplp iq hel-eby er-eated the department ef pe@ts and-
14 inspeetien, the head ef- 4Fhi-F--h be the diL-eeteL- ef- per-%it
15 inspeetiens, 4Fhg-.q-p- shall be sueh as are ibi-eset-ibed by
16 Charter er ardinanee er by direetion of the eity manager.
17 Sestion 2 24? Divisions established-
18 There shall be, within the department ef perf&its and-
19 inspeetiens, the fell:eiiinej divisiens:
20 (i) inspeetiens divis'
21 (2) Weights and faeasures divisien.
22 (3) gening divisien.
23 Beation 2 242-- of inspootions division; polios powers of
24 building offioial and deputies.
25 (a) The inspeetiens di:,visien ef- the depar-tfaent ef- PeL-fftits and-
26 inspeetiens shal:]: be reBp8RBi:ble f-er- al:]: faa:tteL-B pel-taining te, @
27 the enfer-eevnent of, the building eede adepted by artiele ii ef-
28 ehapter 8 ef this Code and fire and health inspee-*-i--nng- -fg--r new
29 eenstrtietien, ineluding the erdering, in writing, ef the remedyi@
30 ef any eenditien f-eund in A--f- sueh eedes er- any er-dinanee-,-
31 and the bringing ef legal aetien te ensure eempliamee theL-eii@,
32 i:nel:udi:ng ifkjuneti:en, abatement and any ether apprepriate aetie@
3 3 preeeedings. Sueh division shall perf er% sueh ether duties as inay
34 be required, assigned er preseribed.
35 (b) [Pher-e Bha3:3: be, iii:thi:n the inspeeti:ens di:visien, a
36 @difig eff ieial. Peliee pewers are hereby eenferred upen the
37 building effieial er designated deputies ii-hile engaged
38 perterning their datieb, and they shal:! e)fer-ei:se all pewel-B a-i,,d
39 atitherity ef pellee effieerb in perferming sueh d
40 Beation 2 259. Baties and powers of the department of permits
41 and inspoetions with respeat to weights and
42
43 (a) E13he .ieiejhtb and vaeasar-eb diViBieR ef- the depar-taent e-f-
44 per-mi:tb and inspeetiens shall be L-espeFkBi:ble f-el- all fhatte@
45 pert&ifiing te weightb and ifteabures and eerapiaints ef- f-L-aud @
46 anlawful praetiees and dea!iLngB iii:th Lth r-ebpeet :te
47 ,feights anel raeasur-eb. it Bha3:3: be the r-espenBi:bi3:iLty ef- th4a
48 diViB!eR te see that the laws ef the -tate and erdinanees en @
49 subjeet ef weights and faeasares are enfereed in the eity, as .ie3:1
50 aB te enferee ethet- 3Fales, i-eejul:atiens, el-di:nanees afkd laws
51 pertaining te eensamers.
52 (b) EPhei-e ha3:3: be, ofithin the vieiejhts and meaBUL-es divibi:en,
53 a sealer ef weights and faeasures. lie shall have saeh additie@
54 dutieb aB may be assigned by the eity faanager.
55 (e) Peliee pewerb are hereby eenferred apen the weights and
56 meastires diV!Bien and the sealer ef weights and faeasures and hi-g-
57 deBi:Ejnated depati:eb ei- assi:stants while engaejed in perf-ei-ming t@
58 laiffal daties, and they are autherieed te arrest any vielater ef
59 saeh I:a,,is and erdj:nanees and te sei:iae, fer use as evidenee, iii:thel&
60 f-er-faal: wat-i-ant, ineeL-L-eet eL- unseal:ed wei:ejhts and meabuies ei--
61 araetints ef pae!EaEjes eL- eemmedi:ti:es f-eund :te be used, L-etained,-
62 aff-ered er- eifpebed f-ei- sale er seld in vie3:ati:en ef- 3:aii,.
63 (d) Subseetiens (a), (b), and (e) shall refaain in ef f-eet
64 until Ttily 1, !99!.
65 Beatiati 2-251. Duties and powers ef zoning division and se@
66 onforessent offiaer
67 The sening divisien ef the departfaent ef pe@!tb and-
68 iRBpeetieRS Bhall: be r-espeRBi:ble f-er the enfereeffient ef all sen'@
2
69 ordinanees ef the eity. 9-?here shall be, within th!S di'visien,-a
70 sening enfereement effleer. Peilee peiiers are hereby eenfer@
71 upen the zening enfereeinent effieer and his designated deptiti@
72 assistants while engaejed !Fk per-feLMing their daties, and they shall
73 exere!Be all pewers and aatherity ef peliee ef f ieer
74
75 ARTICLE VII. DEPARTMENT OF
76 MANAGEMENT AND BUDGET
77 Section 2-24SS. Created: composition,
78 There is hereby created a det)artment to be de
79 department of management and budcret, which shall consist of a
80 director of the dedartment, and such other employees as may be
81 prescribed by the Charter, or by ordinance, or by the city manager
82 or the director consistent therewith.
83 Section 2-247. Functions.
84 The department of management and budget shall be responsible
85 for resource management, review, allocation and budaet Dolicv
86 development, and for the following general duties, including any
87 other duties which may be required. assianed. or nrescribed by the
88 council or the city manager:
89- (1) Plan, Prepare, and develop the annual overating budget-
90 including estimates of appropriations and revenues for
91 suipport of the ol?erating budcret, consistent with the
92 provisions of Chapter 5 of the Charter, and carry out the
93 same duties for all amendments thereto.
94 (2) Plan, prepare, and develop for submission to the council
95 a cat)ital improvements Program and calpital budclet in
96 accordance with section 2-195.
97 (3) Be responsible for Preparation of short-term and multi-
98 year financial forecasts of both expenditures and
99 revenues.
100 (4) Perform internal financial and compliance auditing of
101 city agencies on a scheduled basis and such special
3
102 audits as reauired by the city manacrer or the director of
103 management and bud@t.
104 (5) Be responsible for performance auditincl, policy and
105 fiscal analysis, and program evaluation for city
106 programs, agencies, and prolects, and for provision of
107 management assistance services for Programs and
108 activities of operations enhancement and improvement.
109 (6) Coordinate and carry out city-wide strategic and fiscal
110 planning and goal setting, and provide staff support for
ill special studies and prolects.
112 ARTICLE VIII. DEPARTMENT OF
113 PUBLIC WORKS
114 ...
115 Section 2-267. DiViSions established.
116 There shall be, within the department of public works, the
117 following divisions:
118 (1) Engineering division.
119 (2) Highway division.
120 (3) solid waste division.
121 (4) Traffic division.
122 (5) Office of real estate.
123 (6) Permits and inspections division.
124 (7) Weights and measures division.
125 ...
126 -Roatian 2-273 issuanes of step-week orders
127 (a) Upen netiee f-r-em *-:YAP- ef pub3:ie an!,F
128 divi:si:en head subjeet :te the saper--.Fi--qiRn RAF] eenti-el ef- @
129 direeter ef peblie weL-!Es ei- any ef theii, desj:ejnated deputies er
130 assistants that werie !:s being pei-f-er-med !:n vi:e3:a:tien ef- any of- the
131 previsiens ef this Gede, saeh .iei-]E shal:]: be irmediately stepped.-
132 The step wer!E erdel, shall be i:n iii-iting and sha]:]: be given te @
13 3 eiiner- ef- the preperty invelved, er te the eifner's agent, er te the-
134 perben dei:nej the and shall state the speej:fie viel:atiens
4
135 whieh the erdel- was issued and the eenditiens ander whieh wer
136 be resumed.
137 (b) Any pel-sen whe sha!3: een:tinue afky iier-)E eL' have his aejent-
138 eentinue any wer!E in er abeat the site af-tel- a step ifeLiE er-der has
139 been isotied, e)feept sueh 1/2oeL-!E as he iB di:reeted tg peLf-gL-M by the
140 eity ef-f-leial issuing :the step weL-Irz er-der te eel-L-ee:t a N-ie3:atien er.
141 tinsafe eenditien, Bhall be guilty ef a Glass 1 misdeffteaner.
142 Section 2-273. Composition Of Rarmits and inspections division;
143 Police Rowers of building official and deputies.
144 (a) The ipermits and inspections division of the department of
145 Public works shall be responsible for all matters pertaining to,
146 and nt of. the buildina code adopted by article II of
147 chaipter 8 of this Code and fire and health insnections for new
148 con rdering, in writina. of the remedying
149 of any condition found in violation of such codes or anv ordinance,
150 and the brinaina f legal action to ensure compliance therewith,
151 including iniunction, abatement and any other appropriate action or
152 proceedings. Such division shall perform such other duties as mav
153 be required, assicrned or prescribed.
154 (b) There shall be., within and insr)ections
155 division, a buildina officia,l- Police nowers are red
156 upon the building official or desiana ile encraged in
157 performina their duties, 1 exercise all powers and
158 authority of noli e officers such duties.
159 Section 2-274. Composition of weicthts division,
160 function2 ROlicO Powers,
161 (a) The weights e department of
162 ipublic works shal or all matters ner
163 weights and m s of f raud and unl wful Practices
164 and dealinas t to weiahts and measures.
165 It shall be the responsibility of th e that the
166 laws ordinances on the -'Ubiect of weights and
167 measures are the city, as well as to enforce other
168 rules, regulations, ordinan es and laws consumers.
5
169 (b) There shall be, within the weicrhts and measures division,
170 a sealer of weights and measures. H such additional
171 duties as mav be assianed bv the citv Manager.
172 (c) Police Dowers are hereby conferred upon the weights and
173 measures division and the sealer of weia res and his
174 desicrnated d ties or assistants while@n aged in performing their
175 lawful duties, and they are authorized to arrest any violator of
176 suc seize, for ce, without
177 formal warrant, incorrect oi ights and measures or
178 amounts of Dackaaes or ound to be used. retained,
179 offered or e@osed for sale or sold i f law.
180 section 2-275. Issuance of stop-work orders.
181 (a) Upon notice from the director of ipublic works, any
182 division head subiect to the suiper ontrol of the
183 director of pubilc works or any of their designated ies or
184 assistants that work is bein @ erformed cgntrary to th
185 of this Code, sach-work shall be immedi tel stopped. The stop-
186 work order sha-11 be in writing and shall th owner of
187 the Property to the owner's agent, o to the person
188 doin ecific violation or violations
189 for which the o ditions under which work
190 may be esumed.
191 (b) Any Person w o@shall continue.any work or have his aqent
192 continue any wolk-in or about the site afte@a stop-work order has
193 been issued, ex t such work as he is l@rected to perform by the
194 city official issuing the stoID-work order to ation or
195 unsafe condi n..shall be quiltv of a Class I misdemeanor.
196 ARTICLE XIII. DEPARTMENT OF
197 DATA PRGGESS @
198 INFORMAT y
199 SOction 2-339. Created.
200 There is hereby created the department of data preeess@
201 information technology in and for the city.
6
202 SOCtion 2-340. composition.
203 The department of elata P information technology shall
204 consist of the director of data p information technology
205 and such other employees as may be provided by the Charter or
206 ordinance or by the direction of the city manager consistent
207 therewith.
208 ARTICLE XIV.
209 DEPARTMENT OF AGRICULTURE
210 Section 2-348. Created; supervision; composition.
211 There is hereby created a department of agriculture, which
212 shall be under the supervision of the director of agriculture who
2 13 shall be the agl-ieultui-al ag@. There shall be such other
214 officers and employees as shall be directed by ordinance or order
215 of the city manager.
216 Section 2-349. Functions.
217 It shall be the responsibility of the department of
218 agriculture to help preserve, protect and increase the production
219 of agriculture in the city, @ to maintain, operate and supervise
22 0 the farmers' market of the city, to be resiponsible for the
221 administration of nviironme
222 e
223 of the city e
224 4ith.
225 ARTICLE XVI. DEPARTMENT
226 OF PLANNING
227 ...
228 Section 2-382. Composition.
229 The department of planning shall consist of a director
230 appointed by the city manager and such assistants as may be
231 provided. i shall also ing
232 and authority granted to
233 such officers b,, rter.
234 ...
7
235 SectiO 2-385. DUties an owers of zonincr administrator.
23 6 The zonincf d his desicrnated s and
237 ass be responsible for the enforcement of all zonincf
238 ordinances of the city. Po
239 the ing admin
240 whi duties,
241 all
242 duties.
243 @IC-LE ii@i;Eii. E)EVEL9
244
245
246
247
248 ef the deveiepment serviees
249
250 er the direeter
251 800tiOR 2 &-..
252 'Phe develepment serlviees department sha
253 the pl-evisien ef
254 a eeei-dinated ap
255 eeRmUnity and 1
256 sha3:3: alse be r-
257
258 er the direeter euneil.
259 AREPI.GLE li;JV. BE
260 NAq3@L RESOURGES
261
262
263 Thei-e i:s her-eb ed the
264 department
ser1/2-ie--
265
,mp
266 may bepl-eseribed by the
267 ef the eity manager er ti
In - .
268 sestio- - -
269 T-he depai-tment e-f
270 be r-espensible f-eL- the administr-atien and manageraent ef aeti
271 and fanetions irvelving t=he agi.@' -..,
272 Leseure-- -- r-eseut-ees
273 L"aral sei-viees shall alse be respens'- eh
274 ether
275 faanagei-.
276 Adopted by the Council of the City of Virginia Beach, Virginia
277 on the 12 day of May
1992.
278 CA-4604
279 \ORDIN\PROPOSED\02-246ET.PRO
280 R-6
9
- 42 -
Item 111-1.11213.
PUBLIC HEARING ITEM # 35605
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on;
PLANNING BY CONSENT
(a) HOLLOMAN BROWN FUNERAL HOME, STREET CLOSURE
BAYSIDE CHAPEL, INC.
(b) FIRST FILIPINO BAPTIST CHURCH CONDITIONAL USE PERMIT
AND ERNESTO ANRADA, JR.
(c) SAINT LUKE'S UNITED METHODIST CHURCH CONDITIONAL USE PERMIT
BOARD OF TRUSTEES
(d) ORTHODOX CHRISTIAN MISSION OF CONDITIONAL USE PERMIT
TIDEWATER
(e) M. R. AND MARY R. WELCH CONDITIONAL USE PERMIT
PLANNING
(a) R. G. MOORE BUILDING CORPORATION MODIFICATION TO THE
OCEAN LAKES MASTER PLAN
(b) H. WAYNE AND BARBARA C. McGRAW CONDITIONAL USE PERMIT
(c) TIDEWATER AUTOMOTIVE CENTERS, INC. CONDITIONAL USE PERMIT
(d) CRW, INC. CONDITIONAL USE PERMIT
(e) PLEASANT ACRES, LTD. and CONDITIONAL ZONING
RIVER WALK CLASSIFICATIONS
4 3
Item I I I -K.
PUBLIC HEARING ITEM # 35606
PLANNING BY CONSENT
Upon motion by Counci iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED in ONE MOTION Items la, b, d and e ot the PLANNING BY CONSENT
Agenda.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones*, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
*Councilman Jones ABSTAINED and DISCLOSED on Item Ill-K.1, pursuant to Section
2.1-639.14(E) of the Code of Virginia, he is President of Hol loman-Bro,n
Funeral Home, Bayside Chapel, Inc., receives an annual salary in excess of
$10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc. and has an
ownership interest in the corporation which exceeds 3% of its total equity and
assumes liability on behalf of the corporation which exceeds 3% of its asset
value. Councilman Jones' letter of May 11, 1992, is hereby made a part of the
record.
- 44 -
Item III-K.I.a.
PUBLIC HEARING ITEM # 35607
PLANNING BY CONSENT
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
APPROVED subject to compliance of conditions in 180 days (November 24, 1992),
the petition of HOLLOMON BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. for the
discontinuance, closure and abandonment of a portion of Princess Anne Road.
Petition of Hollomon Brown Funeral Home, Bayside
Chapel, Inc. for the discontinuance, closure and
abandonment of a portion of Princess Ann, Road on
property located on the north Side of Princess Anne
Road, 439.97 feet east of General Booth Boulevard.
Said parcel contains 4,564 square feet. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Approximately 20 feet along the frontage of the
site proposed for closure shall be retai,ed as
public right-of-way to provide for a, ultimate 92-
foot right-of-way to for this portion of Princess
Anne Road.
2. The ultimate disposition of this right-of-way shall
be by purchase. Policy regarding determination of
fair market value is available from the office of
Public Works Real Estate.
3. A survey must be conducted to deter,ine the
location of the 16-inch water line. If the
facility is located within the area proposed for
closure, dedication of a utility easement 30 feet
wide and centered over the water line is required.
4. If a utility easement is required, the applicant
shall submit a revised ordinance to the City
Attorney's Office closing the right-of-way. The
redraft shall include a "save and except" clause
for the utility easement referenced in Condition
#3.
5. The applicant is responsible for making
arrangements to accommodate any other non-municipal
utilities which may be located in the right-of-way
proposed for closure.
6. The applicant is required to re-subdi,ide the
property and vacate internal lot lines to
incorporate the closed area into adjoining parcels,
as well as to ensure that all lots have access to a
public street.
7. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days (11/24/92) of approval by City
Council.
- 45 -
Item Ill-K.I.a.
PUBLIC HEARING ITEM # 35607 (Continued)
PLANNING BY CONSENT
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McC[anan, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
William D. Sessoms, Jr.
*Councilman Jones ABSTAINED and DISCLOSED on Item Ill-K.1, pursuant to Section
2.1-639.14(E) of the Code of Virginia, he is President of Holloman-Brown
Funeral Home, Bayside Chapel, Inc., receives an annual salary in excess of
$10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc. and has an
ownership interest in the corporation which exceeds 3% of its total equity and
assumes liability on behalf of the corporation which exceeds 3% of its asset
value. Councilman Jones' letter of May 11, 1992, is hereby made a part of the
record.
LOUIS R JONES 1008 WITCH POINT TRAIL
COUNCILMAN - BAYSIDE BOROUGH VIRG@NIA BEACH. VIRGINIA 23@M
583-0177
May 11, 1992
Mrs. Ruth Hodges Sniith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Dear Mrs. S@th:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
I . The transaction for which I am execufing this written disclosure is the Council
consideration and vote on a petition by Holloman-Brown Funeral Home,
Bayside Chapel, Inc. for closure of a portion of Princess Anne Road near
Ninimo Church. This matter is currently scheduled for Council consideration
at its May 12, 1992, meeting.
2. The nature of my personal interest is that I am President of Holloman-Brown
Funeral Home, Bayside Chapel, Inc., that I receive an annual salary in excess
of $10,000 from Holloman-Brown Funeral Home, Bayside Chapel, Inc., that
I have an ownership interest in the corporation which exceeds 3 % of its total
equity and that I assume liability on behalf of the corporation which exceeds
3 % of its asset value.
Mrs. Ruth Hodges Smith -2- May 11, 1992
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
3. The City Attomey has advised me that I am required to disclose my personal
interest as it meets the criteria of a personal interest in the transaction under
the Conflict of Interests Act, and that I am disqualified from participating in
this transaction.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Louis I
CouncE
LRJ/111
Enclosure
Councilman Louis R. Jones -2- May 11, 1992
Re: COnflict Of Interests ODinion
Cit@c>f @ilr@irai@
LESL EL LILLEY
CITY @TTO@NEY MUNICIP.L CENTE@
@IRGINIA BEACH. VA 23166 9M,
(804) @27-@531
FAX (SN) @26-5687
May 11, 1992
Councilman Louis R. Jones
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Jones:
I am writing in response to your request for an opinion regarding your ability to
Participate in the Council consideration of a pedtion by Holloman-Brown Funeral Home, Bayside
Chapel, Inc. for closure of a portion of Princess Anne Road near Nimmo Church. This matter
is currently scheduled for Council consideration at its May 12, 1992, meeting.
SUMMARY/CONCLUSION-,
From my review of the Conflict of Interests Act and the information provided by you,
I am of the opinion that you have a personal interest in the City Councfl's consideration of a
petition by Holloman-Brown Funeral Home, Bayside Chapel, Inc. for closure of a portion of
Princess Anne Road near Nimmo Church as a result of your personal interest in Holloman-
Brown Funeral Home, Bayside Chapel, Inc. Therefore it is my opinion that you are disqualified
from participating in this transaction of the City Council and you are required to disclose your
personal interest to the City Clerk. For your information, I have set out the disclosure
requirements of SS 2.1-639.14(E) at the end of this letter,
I base the aforesaid conclusions on the following facts which you have presented. Please
review and verify the accuracy of the facts as set forth as you may only rely upon this opinion
if they are correct and complete.
Councilman Louis R. Jones -3- May 11, 1992
Re: Conflict of interests Opinion
the use of property or paid by a business that exceeds $10,000-00 annually; 4) ownership of
real orpersonal property when the interest exceeds $10,000-00 in value, exc-lusive of ownership
in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business.
E. A "personal interest in a transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or represents
any individual or business and such PrOperty, business or represented individual (i) is the
subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit
or detriment as the result of the agency considering the transaction.
ii.
A. er onal inteest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest. " Specifically, my review of those categories and the facts
presented indicate that you have a personal interest in Holloman-Brown Funeral Home, Bayside,
Inc., the petitioner for the subject street closure. Your personai interest "ists by virtue of the
fact that you receive an annual salary from the corporation in excess of $10,000, you have an
ownership interest exceeding 3 % of the corporation's total equity, and you assume liability on
behalf of the corporation exceeding 3% of its asset value,
B. Persnal int,-re
,St in the Tr,"Sactio,,
You have a "personal interest in a transaction" under the definition of SS 2.1-639.2 by
virtue of your personal interest in Holloman-Brown Funeral Home, Bayside Chapel, Inc. which
is the subject of the transaction.
ill.
Based on the fact that the transaction has application solely to a business in which you
have a personal interest, and it is reasonably foreseeable that you may realize a benefit or
detriment as a result of City Council's consideration of the petition for closure of a portion of
Princess Anne Road near Nimmo Church, SS 2.1-639.11(A)(1) disqualifies you fromparticipating
in the transaction. Addifionally, you must disclose your personal interest in accordance with SS
2.1-629.14(E). Enclosed please find a written declaration form. You must file a disclosure with
the City Clerk, and such disclosure is to be reflected in the public records for a period of five
years from the date of recording or receipt.
Councilman Louis R. lones -4- May 11, 1992
Re: Conflict of Interests Opinion
Please contact me should you desire any additional information.
Very truly yours,
LLL/RMB/clb
Enclosure
STATEMENT OF CONSENT
APPLICANT: HOLLOMON BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC.
APPLICATION: Street Closure
DESCRIPTION: Portion of North side of Princess Anne Road,
439.97 feet East of General Booth Boulevard
(Princess Anne Borough)
CITY COUNCIL SESSION: May 12, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. Approximately 20 feet along the frontage of the site proposed
for closure shall be retalned as public right-of-way to
provide for an ultimate ninety-two (92) foot right-of-way for
this portion ot Princess Anne Road.
2. The ultimate disposition of this right-of-way shall be by
purchase. Policy regarding determination ot fair market
value is available from the Office ot Public Works Real
Estate.
3. A survey must be conducted to determine the location of the
sixteen (16)-inch water line. If the facility is located
within the area proposed for closure, dedication ot a utility
easement thirty (30) feet wide and centered over the water
line is required.
4. If a utility easement is required, the applicant shall submit
a revised ordinance closing the right-of-way to the City
Attorney's Office. The redraft shall include a "save and
except" clause for the utility easement referenced in
Condition #3.
5. The applicant is responsible for making arrangements to
accommodate any other non-municipal utilities which may be
located in the right-of-way proposed for closure.
6. The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into
adjoining parcels, as well as to ensure that all lots have
access to a public street.
7. Closure of the right-of-way shall be contingent upon
compliance with the above-stated conditions within one
dred @@t (180) days of the approval by City Council.
wner
By:
Date:@ -/Z-
- 46 -
Item III-K.I.b.
PUBLIC HEARING ITEM # 35608
PLANNING BY CONSENT
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of FIRST FILIPINO BAPTIST CHURCH
& ERNESTO ANDRADA, JR. for a Conditional Use Permit for a church:
ORDINANCE UPON APPLICATION OF FIRST FILIPINO
BAPTIST CHURCH & ERNEST ANDRADA, JR. FOR A
CONDITIONAL USE PERMIT FOR A CHURCH & RELATED
ACTIVITIES R05921423
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Filipino
Baptist Church & Ernest Andrada, Jr. for a
Conditional Use Permit for a church & related
activities on the south side of Holland Road, west
of Monet Drive. Said parcel is located at 2969
Holland Road and contains 2.25 acres. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. The semi-circle entrance shown on the submitted
plan is not acceptable. A single 30' commercial
entrance is required.
2. The parking lot must be redesigned to preserve as
manY trees as practical located on the Eastern side
of the Structure. Existing trees located near the
Southern property line must also be preserved to
the maximum extent practical to provide a buffer
for the residential neighborhood to the South. A
tree preservation and protection plan must be
submitted for review and approval.
3. A Best Management Practices facility must be
provided to control stormwater runoff in accordance
with the Stormwater Management Ordinance.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
4 7
Item Ill-K.Ib.
PUBLIC HEARING ITEM # 35608 (Continued)
PLANNfNG BY CONSENT
Voting: lo-o
Council Members Voting Aye:
John A. 13aum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor RobReerbta E..
Fentress, Louis R. Jones, Paul J. Lanteigne,
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
STATEMENT OF CONSENT
APPLICANT: FIRST FILIPINO BAPTIST CHURCH and
ERNESTO ANDRADA, JR.
APPLICATION: Conditional Use Permit -
2969 Holland Road
(Princess Anne Borough)
DESCRIPTION: Church and related activities
CITY COUNCIL SESSION: May 12, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACO
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND IDEREBY ACCEPTS AND AGREES TO:
1. The semi-circle entrance shown on the submitted plan is not
acceptable. A single thirty-foot commercial entrance is
required.
2. The parking lot must be redesigned to preserve as many trees
as practical located on the eastern side C)f the Structure.
Existing trees located near the southern property line must
also be preserved to the maximum extent practical to provide
a buffer for the residential neighborhood to the south. A
tree preservation and protection plan must be submitted for
review and approval.
3. A Best Management Practices facility must be provided to
control stormwater runoff in accordance with the Stormwater
Management Ordinance.
By:
Attorney/Agent
Date:-
- 48 -
Item Ill-K.l.c.
PUBLIC HEARING ITEM # 35609
PLANNING BY CONSENT
Upon motion by Counci lman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of SAINT LUKE'S UNITED METHODIST
CHURCH BOARD OF TRUSTEES for a Conditional Use Permit tor a church:
ORDINANCE UPON APPLICATION OF SAINT LUKE'S UNITED
METHODIST CHURCH BOARD OF TRUSTEES FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R05921424
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl ication of Saint Luke's United
Methodist Church Board of Trustees for a
Conditional Use Permit for a church at the
northeast corner of Hol land Road and Stoneshore
Road. Said parcel is located at 3396 Stoneshore
Road and contains 3 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. A Best Management Practice facility must be
provided to control stormwater runoft from the
addition in accordance with the Stormwater
Management Ordinance.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shal I be effective in accordance with Section 107 (f ) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May, Nineteen Hundred and Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
STATEMENT OF CONSENT
APPLICANT: ST. LUKE'S UNITED METHODIST CHURCH
APPLICATION: Conditional Use Permit -
3396 Stoneshore Road
(Princess Anne Borough)
DESCRIPTION: Church
CITY COUNCIL SESSION: May 12, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEAC[@, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. A Best Management Practice facility must be provided to
control stormwater runoff from the addition in accordance
with the Stormwater Management Ordinance.
By:
Attorney/Agent
Date:-M6\A
- 49 -
Item Ill-K.l.d.
PUBLIC HEARING ITEM # 35610
PLANNING BY CONSENT
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of THE ORTHODOX CHRISTIAN MISSION
OF TIDEWATER Conditional Use Permit for a church:
ORDINANCE UPON APPLICATION OF THE ORTHODOX
CHRISTIAN MISSION OF TIDEWATER FOR A CONDITIONAL
USE PERMIT FOR A CHURCH R05921425
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Orthodox
Christian Mission of Tidewater for a Conditional
Use Permit for a church on the east side ot Gammon
Road, 204 feet north of Indian River Road. Said
parcel is located at 824 Gammon Road and contains
31,558 square teet. KEMPSVILLE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May, Nineteen Hundred and Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 50 -
Item Ill-K.l.e.
PUBLIC HEARING ITEM # 35611
PLANNING BY CONSENT
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I ADOPTED an Ordinance upon appl ication of M. R. & MARY R. WELCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF M. R. & MARY R. WELCH
FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S
STORAGE YARD R05921426
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of M. R. & Mary R. Welch
for a conditional use permit for a contractor's
equipment storage yard on certain property located
on the north side of Industry Lane, 270 feet east
of Central Drive. Said parcel contains 1.8 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Category Vi screening shall be provided along the
entire perimeter of the site.
2. Stormwater management facilities must be provided
to control runoff in accordance with the provisions
of the Stormwater Management Ordinance.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be etfective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May, Nineteen Hundred and Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
STATEMENT OF CONSENT
APPLICANT: M. R. and MARY R. WELCH
APPLICATION: Conditional Use Permit -
Industry Lane/central Drive
(Princess Anne Borough)
DESCRIPTION: Contractor's equipment storage yard
CITY COUNCIL SESSION: May 12, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. Category VI screening shal I be provided along the entire
perimeter of the site.
2. Stormwater management facilities must be provided to control
runoff in accordance with the provisions of the Stormwater
Management Ordinance.
Owner
By:
Att.rney Agent
Date:- 5-12-fz-
- 51 -
Item Ill-K.2.a.
PUBLIC HEARING ITEM # 35612
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the
appl icant and advised City Staff has requested DEFERRAL unti I May 26, 1992,
while the Water Task Force finalizes possible amendments to the Water
Conservation ordinance.
Upon motion by Counci lwoman McC]anan, seconded by Counci Iman Brazier, City
Counci I DEFERRED unti I the City Counci I Session of May 26, 1992, an Ordinance
upon application of R. G. MOORE BUILDING CORPORATION tor a modification to the
Ocean Lakes Master Plan:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES
MASTER PLAN
Ordinance upon application of R. G. Moore Building
Corporation for a modif ication to the Ocean Lakes
Master P I an to a I I ow townhouse deve I opment i n I i eu
of multiple family development on Parcel A-2
located on the east side of Bold Ruler Drive,
1564.9 feet south of Dam Neck Road. Said parcel
contains 20.791 acres. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 52 -
Item Ill-K.2.b.
PUBLIC HEARING ITEM # 35613
PLANNING
Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132
Upon motion by Counci lwoman McCianan, seconded by Counci Iman Brazier, City
Council APPROVED the application of H. WAYNE & BARBARA C. McGRAW for a Variance
to Sections 4.4(b) and 4.4(d) ot the Subdivision Ordinance and ADOPTED an
Ordinance upon application of H. WAYNE & BARBARA C. McGRAW for a Conditional
Use Permit:
Application of H. Wayne & Barbara C. McGraw for an
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance on property located at 2860 West Landing
Road. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF H. WAYNE AND BARBARA
C. McGRAW FOR A CONDITIONAL USE PERMIT FOR A SINGLE
FAMILY DWELLING IN THE AG-2 AGRICULTURAL DISTRICT
R05921427
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of H. Wayne & Barbara C.
McGraw for a Conditional Use Permit for a single
family dwelling in the AG-2 Agricultural District
on certain property located at 2860 West Landing
Raod. Said parcel contains 30,927.6 square feet.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Verification of legal ingress/egress to the subject
site must be provided during final subdivision plat
review.
2. A vegetative buffer, which is a minimum width of 15
teet shall be establithe-d along the western
property line ad.jac nt to the North Landinq River.
The buffer shall consist of a mixture of indiqenous
trees and shrubs, planted on 10-toot centers or
less and may be planted with seedlin-g material,
Once created, the buffer area may not be cleared,
cut or mown except as ce sary to I)rovide site
lines and access points ?,en asccordance with Section
7 (c) of the Southern Watershed ement
Ordinance.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May, Nineteen Hundred and Ninety-Two.
- 53 -
Item Ill-K.2.b.
PUBLIC HEARING ITEM # 35613 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 54 -
Item Ill-K.2.c.
PUBLIC HEARING ITEM # 35614
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the
applicant
Upon motion by Councilman Clyburn, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of TIDEWATER AUTOMOTIVE CENTER, INC. for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER AUTOMOTIVE
CENTERS, INC. FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE REPAIR ESTABLISHMENT ON CERTAIN PROPERTY
R05921428
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Automotive
Centers, Inc. for a Conditional Use Permit for an
automotive repair establishment on certain property
located at 5166 Princess Anne Road ' Unit #I,
Carolanne Shopping Center. Said parcel contains
3,300 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. All repairs shall be conducted inside the building.
No outside repairs or storage of automobiles or
auto parts will be allowed.
2. The compressor shall be placed inside
3. This site is approved for light automobile repair
uses only as defined in Section 111 of the City
Zoning Ordinance under the definition for
automobile repair establishments.
4. All parking related to this proposed automobile
repair facility shall be accommodated within
parking spaces designated for this use. Overflow
parking intruding into parking spaces for adjacent
retail uses will not be allowed.
This Ordinance shall be effective in accordancp with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May, Nineteen Hundred and Ninety-Two.
- 55 -
Item Ill-K.2.c.
PUBLIC HEARING ITEM # 35614 (Continued)
PLANNING
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 56 -
Item Ill-K.2.d.
PUBLIC HEARING ITEM # 35615
PLANNING
The following spoke in SUPPORT of the application:
Lucy Wade, 1017 Abingdon Road, Phone: 425-1986, President - CRW, Inc.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741
Art Rutter, 901 Hol I aday Point, Phone: 428-1 954
The following spoke in OPPOSITION to the application:
Attorney Mike Gardner, One Columbus Circle, Suite 900, Phone: 473-5374,
represented adjacent residents.
Harry Jennings, 2865 Indian River Road, Phone: 495-5200
Sandy Stuchell, 8845 Colonial Parkway, Phone: 486-1506, owns two tracts of land
adjacent to the property
Steven H. Snyder, 2645 Indian River Road, Phone: 721-5360, distibuted a list of
proposed additional conditions
Bernard Walker, 6608 Oceanfront, Phone: 428-1718
Sharon C. Mosely, 2709 Indian River Road, Phone; 721-7170
A motion was made by Councilwoman McClanan, seconded by Councilman Lanteigne to
DEFER Ordinance upon application of CRW, INC. for a Conditional Use P,r,it.
This DEFERRAL would enable development of an overal I policy by a Committee,
composed of representatives of E. V. Williams Borrow Pit Operations, residents
and City Staff, relative borrow pits in the Southern portion of the City
addressing all safety, residential and hydrology concerns.
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Brazier, City
Council ADOPTED an Ordinance upon application of CRW, INC. for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CRW, INC. FOR A
CONDITIONAL USE PERMIT FOR A BORROW PIT R05921429
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CRW, INC. for a
Conditional Use Permit for a borrow pit on the
south side of Indian River Road, 2860 feet more or
less west of West Neck Road. Said parcel is located
at 2765 Indian River Road and contains 35.066
acres. PRINCESS ANNE BORUGH.
The following conditions shall be required:
1. 000 performance bond
performance of its
water service.
n approved t b
the Treasurv Fiscal
tion of Department
the borrow pit shall
water service for
exi sti ng pr i v e we I I s up to 1,000 feet from the
perimeter of the proposed pit. The operator's
responsibility shall be to promptly replace, at the
operator's cost, any well within this "cone of
influence". The operator of the borrow pit @
shal I be responsible for continuous water service
f or pr i vate we I I s I ocated between I 000 and 5,000
feet from the perimeter of the proposed pit it the
affected property owner can present credible
evidence that the borrow pit operation caused his
or her well to fail. The operator's responsibility
shall be to promptly replace, at the operator's
cost, any well affected.
5 7
Item Ill-K.2.d.
PUBLIC HEARING ITEM # 35615
PLANNING
2. The borrow pit wi I Ibe operated in a dust free
manner.
3. An excavation permit is required from the
Department of Public Works.
4. shall be 7 a.m. until 5 p.m.,
Friday ar rom 7 a.m.
No Sur shall be
permitted.
5. Electric pumps for dewatering shall only operate
etween the hours of 7 a.m. and 5 p.m., Monday
through Friday and on Saturday fr m 7 am. unt'i I
NOON. No bunaay operating shall be per itted.
6. Undrained pockets and stagnant pools resulting from
surface drainage shal I be sprayed in accordance
with requirements of the State Board of Health to
el iminate breeding places for mosquitoes and other
insects.
7. Discharge from the sedimentation/dewatering basin
shal I be in compl iance with the Southern Watershed
Management Ordinance.
8. Only 30 truck trips per day shall be allowed.
9. West Neck Road shall not be used as a haul road.
10. Excavation must be completed by December 31, 2002.
11. Renewal of the City Zoning Ordinance is required
after a one-year period.
12. A 43-foot right-of-way dedication is required along
this site's Indian River Road frontage, as per the
appl icant's proffer. A I ef t turn I ane sha I I be
constructed by the applicant.
13. Category 11 I I andscap i ng sha I I be i nsta I I ed a I ong
the Indian River Road dedication void of existing
trees.
14. A var i ance is required from the Board of Zoning
Appeals to place over-burden in the required 100-
foot buffer.
15. The applicant shall adhere to the site plan and to
all other conditions/stipulations submitted by the
applicant.
16. The applicant shall secure permits, as may be
required by the Virginia State Water Control Board,
for the withdrawal of groundwater and/or discharge
of water from the sedimentation basin.
5 8
Item Ill-K.2.d.
PUBLIC HEARING ITEM # 35615
PLANNING
17. Additional calculations must be submitted at the
time of detailed site plan review which demonstrate
that adequate settling of suspended solids will
occur prior to the discharge of water from the
sedimentation basin.
18. The final site plan shall include a planting
schedule which describes the planting of vegetative
species and density on the wetlands bench.
19. In addition to the berm shown on the submitted site
plan on the South and West sides of the borrow pit,
a berm may also be constructed on the East side of
the pit. Board of Zoning Appeals approval is
required for any encroachment of the berm within
the required 100-foot buffer.
20. is sub.iect- to all Dertinent
r
This Ordinance shal I be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twelfth
Voting: 7-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Harold Heischober, Vice Mayor Robert E. Fen,tress, Paul
J. Lanteigne and William D. Sessoms, Jr.
Council Members Voting Nay:
Louis R. Jones, Reba S. McClanan and Mayor Meyera E.
Oberndorf
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Counci lwoman Parker ABSTAINED and DISLOSED although there is no conf I ict of
interest as it pertains to direct financial involvement, and Parker Pools does
not make $10,000 from the owners of the subject property, Mr. and Mrs. Rutter,
the father and owner of the land, have been clients of Parker Pools for over 21
years. Counci lwoman Parker's letter of May 13, 1992, is hereby made a part of
the record.
May 13, 1992
The Honorable Meyera P, Oberndorf, Mayor
Municipal Cetiter
Virginia Beach, VA 23456
Dear Mayor Oberndorf:
While iliere is no conflict of intercst as it pertains to direct financial involvement, and
Parker Poc)ls docs not make $10,OW from tlie owncrs of the subject property, thcy, Mr. and
Mrs. Ruttcr, the father and owner of the )ajid, have been clients of parker Pools for over 21
years. In ordcr to negate the appearanc-e ot a coliflict for a client, I shall bc abstaining.
This position is consistent with past Council applications as they pertaiii to our business.
Very truly yours,
lbfll
N@ X. r
Coujicitmember
NKP/awj
- 59 -
Item Ill-K.2.e.
PUBLIC HEARING ITEM 35616
PLANNING
J . Ran da II Royal, En gi neer i ng Services 3357 Stone, hore Road, Phone: 468-6800
Attorney John Richardson, Stallings and Richardson, Phone: 422-4700
Upon motion by Couci lwoman McClanan, seconded by Counci ]man Sessoms, city
Counci I ADOPTED Ordinances upon appl ication of PLEASANT ACRES, LTD. and RIVER
WALK DEVELOPMENT for Conditional Zoning Classifications:
ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD.,
A VIRGINIA CORPORATION AND RIVER WALK DEVELOPMENT,
INC., A DELAWARE COPRORATION, FOR A CONDITIONAL
ZONING CLASSIFICATION FROM AG-1 TO R-7.5 Z05921349
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Pleasant Acres, Ltd.,
a Virginia Corporation, and River Walk Development,
Inc., a Delaware Corporation, for a Conditional
Zoning Classification from AG-1 Agricultural
District to R-7.5 Residential District on certain
property located 600 feet south of Holla,d Road
beginning at a point 550 feet more or less west of
Christopher Farms Drive. The proposed zoning
classitication change is for residential land use.
The Comprehensive Plan recommends Use f this
parcel for residential development at a density no
greater than 3 dwelling units per acres. Said
parcel contains 46.59 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD.,
A VIRGINIA CORPORATION, AND RIVER WALK DEVELOPMENT,
INC. A DELAWARE CORPORATION FOR A CONDITIONAL
ZONING CLASSIFICATION FROM AG-1 TO R-7.5 Z05921350
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Pleasant Acres, Ltd.,
a Virginia Corporation, and River Walk Development,
Inc., a Delaware Corporation, for a Conditional
Zoning Classification from AG-1 Agricultural
District to R-7.5 Residential District on certain
property located 600 feet south Of HOI land Road
begining at a point 2200 feet more or less west of
Christopher Farms Drive. The proposed zoning
classif ication change is for residential land use.
The Comprehensive Plan recommends Use of this
parcel for residential development at a density no
greater than 3 dwelling units per acres. Said
parcel contains 3.34 acres. PRINCESS ANNE BOROUGH.
- 60 -
Item III-K.2.e.
PUBLIC HEARING ITEM # 35616 (Continued)
PLANNING
A N D,
ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD.,
A VIRGINIA CORPORATION AND RIVER WALK DEVELOPMENT,
INC., A DELAWARE CORPORATION, FOR A CONDITIONAL
ZONING CLASSIFICATION FROM AG-2 TO 4-7.5 Z05921351
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appplication of Pleasant Acres,
Ltd., a Virginia Corporation, and River Walk
Development, Inc., a Delaware Corporation, for a
Conditional Zoning Classification from AC-2
Agricultural District to R-7.5 Residential District
on certain property located on the south side of
Holland Road beginning at a point 550 feet more or
less west of Christopher Farms Drive. The proposed
zoning classification change is for residential
land use. The Comprehensive Plan recommends use of
this parcel for residential development at a
density no greater than 3 dwelling units per acre.
Said parcel contains 15.32 acres. PRINCESS ANNE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PLEASANT ACRES, LTD.,
A VIRGINIA CORPORATION, AND RIVER WALK DEVELOPMENT,
INC., A DELAWARE CORPORATION FOR A CONDITIONAL
ZONING CLASSIFICATION FROM AG-2 TO R-7.5 Z05921352
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Pleasant Acres, Ltd.,
a Virginia Coropration, and River Walk Development,
Ic., a Delaware Corporation, for a Conditional
Zoning Classifcation from AG-2 Agricultural
District to R-7.5 Residential District on certain
property located on the south side of Holland Road
beginning at a point 1760 feet more or less west of
Christopher Farms Drive. The proposed zoning
classification change is for residential land use.
The Comprehensive Plan recomends use of this parcel
for residential development at a density no greater
than 3 dwelling units per acre. Said parcel
contains 14.32 acres. PRINCESS ANNE BOROUGH.
Councliwoman McClanan expressed concern relative the saving of the trees in the
open area back to the farmhouse. This has been delineated as a tree protection
area on the site plan. Proffer No. 2 indicates Development of the Property
shall be substantially in accordance with the accompanying preliminary plan
entitled "PRELIKINARY SUBDIVISION PLAN, OPTION 1, FOR HOLLAND LAKES IN VIRCINIA
BEACH."
The following conditions shall be required:
1. An agreement (Option #1) encompassing all proffers shall be
recorded with the Clerk of the Circuit Court and is hereby
made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of May,
- 61 -
Item III-K.2.e.
PUBLIC HEARING ITEM # 35616 (Continued)
PLANNING
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
COVENANTS, RESTRICTIONS AND CONDITIONS
PROFFERED TO THE CITY OF
VIRGINIA BEACH, VIRGINIA
Grantor: PLEASANT ACRES, LTD., a Virginia Corporation
c/o: Norfolk Warehouse Distribution
Centers, Inc.
6969 Tidewater Drive
Post Office Box 2556
Norfolk, Virginia 23501
THIS PROFFER AGREEMENT, made this 23rd of March
1992, by and between PLEASANT ACRES, LTD., owner of the
Property as described hereinafter, and hereinafter
referred to as Grantor, and the CITY OF VIRGINIA BEACH, a
Municipal Corporation of the Commonwealth of Virginia,
hereinafter Grantee.
W I T N E S S E T H
WHEREAS, the Grantor has initiated a conditional
amendment to the Zoning map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee, in order
to change the zoning classification of the Grantor's
property from AG-1 and AG-2 to R-7.5; and
WHEREAS, Grantor is the owner of a certain parcel of
property, hereinafter the Property, located in the
Princess Anne Borough of the City of Virginia Beach,
Virginia, said property hereinafter referred to as the
Property and further described as follows: 79.57 acres
located on the west side of Holland Road, between the
subdivisions of Woods of Piney Grove and Christopher
Farms, as shown on a "Plat of Survey of Property of
STALLINGS
AND
ic.ARDSON Pleasant Acres, Ltd., a Virginia Corporation," made by W.
...........
P. Large, Inc., dated February 26, 1988, and recorded in
Book 2715, at Page 10650, in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia; and
WHEREAS, the Grantee's policy is to provide only for
the orderly development of the land for various purposes
through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of change created by Grantor's
proposed rezoning, and in order to permit various types of
uses on and in the area of the Property, certain
reasonable conditions governing the use of the Property,
for the protection of the community, that are not
generally applicable to land in the requested zoning
classification are needed to resolve the situation to
which the Grantor's proposed development gives rise; and
WHEREAS, Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing
before the Grantee, as a part of the proposed amendment to
the Zoning Map, in addition to the regulations provided
for the requested zoning district by the existing zoning
ordinances, the following reasonable conditions related to
the physical development, operation and use of the
Property be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which
have a reasonable relation to the rezoning and the need
STALLINGS
^ND for which is generated by the rezoning; and
RICHARDSON
-2-
WHEREAS, said conditions having been proffered by
Grantor and allowed and accepted by the Grantee as part of
the amendment to the Zoning Ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the Property; provided,
however, that such conditions shall continue despite a
subsequent amendment if the subsequent amendment is part
of the comprehensive implementation of a new or
substantially revised zoning ordinance; however, the
conditions may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time
of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as
evidenced by a certified copy of an ordinance or
resolution adopted by the governing body of the Grantee,
after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.1-431
of the Code of Virginia and provided said ordinance or
resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so
recorded, said instrument shall be void;
NOW, THEREFORE, the Grantor, for themselves, their
heirs, personal representatives, assigns, grantees, and
STALLINGS other successors in title or interest, voluntarily and
AND
tCHARDSON
..A ..... without any requirement by or exaction from the Grantee or
-3-
its governing body and without any element of compulsion
or quid pro quo for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to
the physical development, operation and use of the
Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the
Grantor, their heirs, personal representatives, assigns,
grantees and other successors in interest or title,
namely:
1. The total number of dwelling units on the
Property shall not exceed 153.
2. Development of the Property shall be
substantially in accordance with the accompanying
preliminary plan entitled "PRELIMINARY SUBDIVISION PLAN,
OPTION 1 , FOR HOLLAND LAKES IN VIRGINIA BEACil," dated
February 25, 1992, and made by Engineering Services, Inc.,
hereinafter the Preliminary Plan.
3. Grantor shall reserve for future conveyance to
Grantee property for the widening of Holland Road and for
the extension of.London Bridge Road, generally as shown on
the Preliminary Plan, to facilitate Grantee's contemplated
future improvement of those roads, and Grantor shall
STALLINGS construct landscaping (category VI) improvements and
AND
RICHARDSON
measures along those roads to minimize the effects of the
-4-
roads upon the remaining property. As part of these
landscaping measures, the existing stand of trees along
Holland Road will be preserved and protected to the
maximum practical extent, except where crossed by street,
canal or other impr6vements.
4. Grantor shall construct or provide amenities on
the Property to enhance the overall appearance of the
developed Property, and to improve the lifestyle of its
residents. Such amenities shall be substantially
completed and available for the use of residents
simultaneous with or prior to the recordation of the 100th
lot, and shall include, but not be limited to, the
following:
a. A community clubhouse of approximately
2,000 square feet; and
b. A landscaped lake as generally shown on the
aforesaid Preliminary Plan.
The dimensions of the lake may be increased or
decreased at the request of the City of Virginia Beach.
5. Grantor shall work with the builder(s) who
ultimately contract to purchase the lots to develop
additional covenants and -restrictions concerning the
architecture and siting of individual homes. These shall
be designed to promote an aesthetically pleasing, non-
monotonous appearance in the development, and shall
STALLINGS
..D provide for the following, as a minimum:
ICHARDSON
....N.A ..A...
@IR.I..A
-5-
a. Driveways on each lot wide enough to allow
two cars to park side-by-side, so as to discourage on-
street parking. On corner lots, the driveway location
should be on the side farther from the street
intersection.
b. Homes shall have a minimum square footage
of heated living space of 1,500 square feet for one story
homes, and 1,800 square feet for two story homes. Total
square footage of living area will be calculated on floor
space, measured to the exterior walls, excluding decks,
porches, unheated storage areas, and unfinished rooms over
the garage. Single story homes having a finished and
heated room over the garage shall have a minimum square
footage of 1,650 square feet.
C. In addition to observing all building
setbacks, the placement of dwellings shall be staggered to
the extent possible from the setback of an established
adjacent dwelling to enhance the view of the dwellings
from the street.
d. The selection of materials shall be
harmonious with the architectural motif of each dwelling
unit and community as a whole. Exterior walls with the
same color scheme will be permitted on a frequency of only
every third dwelling unit. Roofing materials should be
darker in color than the exterior wall colors. Roof lines
STALLINGS
AND should be varied in nature and overhangs should be in
RICHARDSON
@..G'.IA ..AC.,
balance with both the size of the roof and volume of the
-6-
structure. Flat roofs or styled roofs conflicting with
the neighborhood character will not be allowed. Primary
roof slopes shall be a minimum of 6:12 (6" vertical per
12" horizontal). Exterior materials shall reflect harmony
with both the environment and other structures in the
neighborhood. The predominant exterior material on the
front elevation of any building shall also be the
predominant exterior material on the side and rear
elevations of that building. Composition sheet siding,
asbestos, unfinished wood, exposed concrete or exposed
concrete are unacceptable exterior materials.
e. Roofing shingles, shakes, etc., shall be no
less than a weight of 240 pounds per square (one square =
100 square feet) or greater. Exposed vent stacks shall be
located for minimum visibility.
The foregoing conditions shall be substantially
adhered to; however, further conditions may be required by
the Grantee during detailed site plan review and
administration of applicable city codes by all cognizant
City agencies and departments to meet all applicable city
code requirements.
All references hereinabove to zoning districts
and to regulations applicable thereto refer to the
Comprehensive Zoning Ordinance of the City of Virginia
Beach, Virginia in force as of the date of this Agreement,
STALLINGS
AND which is by this reference incorporated herein.
RICHARDSON
The Grantor further covenants and agrees that:
-7-
(1) The Zoning Administrator of the CitY of Virginia
Beach, Virginia shall be vested with all necessary
authority on behalf of the governing body of the City of
Virginia Beach, Virginia to administer. and enforce the
foregoing conditions and restrictions, including the
authority to:
a. order, in writing, that any noncompliance
with such conditions be remedied;
b. bring legal action or suit to ensure
compliance with such conditions including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit or proceedings; and
C. require a guarantee in an amount sufficient
for and conditioned upon construction of improvements
required by conditions.
(2) The failure to meet all conditions and
restrictions shall constitute cause to deny the issuance
of any of the required building or occupancy permits as
may be appropriate.
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to the provisions of this
Agreement, the Grantor shall petition the governing body
for the review thereof prior to instituting proceedings in
Court; and
(4) The Zoning Map may show by an appropriate symbol
STALLINGS
AND on the map the existence of conditions attaching to the
RICHARDSON
@..G.Nl. ..AC.. zoning of the Property, and the ordinances and the
VIA ... IA
conditions may be made readily available and accessible
for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they
shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and indexed
in the names of both the Grantor and the Grantee.
WITNESS the following signatures and seals:
GRANTOR:
PL
By
STATE OF VIRGINIA,
CITY OF / @ 4
to-wit:
Sul,-cribed and sworn to before me this4-7-day of
,,7 1 1992, by Robert T. Taylor,
President o Pleasant Acres, Ltd., the Grantor herein.
ic
My commission expires:
STALLINGS
AND
RICHARDSON
.GINI. Z.C.,
-9-
- 62 -
Item Iii-L.I.
APPOINTMENTS ITEM # 35617
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
EROSION COMMISSION
Jeffrey J. Beaton
Unexpired thru 4/30/95
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 63 -
Item Ill-L.2.
APPOINTMENTS ITEM # 35618
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
GREENWAYS, TRAILS AND BIKEWAYS COMMITTEE
- 64 -
Item Ill-L.3.
APPOINTMENTS ITEM # 35619
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Loretta Cornelius
Tanya Monroe
Unexpired thru 12/31/92
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 65 -
Item Ill-L.4.
APPOINTMENTS ITEM # 35620
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED.
CITY MANAGER'S WATER TASK FORCE
John A. Baum
(Resignation of Vice Mayor Robert E. Fentress)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 66 -
Item 111-M.l.
NEW BUSINESS ITEM # 35621
Pinky Drew, 211 24h Street, Phone: 428-3389, Owner - Corner 24 Surf Shop. Mrs.
Drew advised the Roll Patrol is a volunteer organization sponsered by Corner
24 Surf Shop in conjunction with the I ISA (International I n-I i ne Skat i ng
Association) to promote "Skate Smart" Programs here in Virginia Beach. Their
primary goal is to assist the police, beach service and the City as a whole
by asking skaters to slow down, maintain control, wear their satety gear at
al I times and be aware that skating on the boardwalk is a privi lege not a
right. Cycl ists w! I I also be instructed to remain on the bike path and to
control their speed.
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Lanteigne, Counci I
ADOPTED:
Resolution expressing support for the "Roll Patrol"
concept to assist the Police at the Resort Area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Councilman William D. Sessoms, Jr.
1 A RESOLUTION EXPRESSING SUPPORT FOR
2 THE ROLL PATROL
3 WHEREAS, the City has recently been faced with declining
4 revenues;
5 WHEREAS, this decline in revenues has directly impacted
6 the level of services that the City has been able to provide in
7 many areas, including law enforcement;
8 WHEREAS, the City has long recognized the need to
9 increase law enforcement activities at the Resort Area during the
10 summer season in response to seasonal demands;
11 WHEREAS, much of the law enforcement effort at the Resort
12 Area includes, among other things, advising citizens and visitors
13 that certain activities are in violation of City ordinance;
14 WHEREAS, the Corner 24 Surf Shop, located at the corner
15 of 24th Street and Pacific Avenue, has agreed to sponsor the "Roll
16 Patrol" which would be comprised of individuals who would patrol
17 the Resort Area on skates and advise bicyclists to stay on the
18 bicycle path, pedestrians to stay on the boardwalk, and skaters to
19 slow down and skate "smart";
20 WHEREAS, the "Roll Patrol" would consist entirely of
21 volunteers who would act in a "courtesyll capacity and would have no
22 enforcement powers;
23 WHEREAS, the Police Department has been advised of, and
24 endorses, the "Roll Patrol" concept; and
25 WHEREAS, the "Roll Patrol" would be a welcome asset to
26 the Resort Area in light of the Police Department's limited
27 resources.
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 That City Council hereby expresses its support for the
31 Roll Patrol and its efforts to assist the Police Department in
32 advising bicyclists, skaters and pedestrians on the boardwalk and
33 bicycle path adjacent thereto of the laws concerning their
34 respective activities.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 12 day of May , 1992.
37 CA-4670
38 ORDIN\NONCODE\ROLL.RES
39 R-2
2
- 67 -
Item 111-M.2.
NEW BUSINESS ITEM # 35622
Upon motion by Counci lwoman McClanan, seconded by Vice Mayor Fentress, City
Council MOVED FORWARD AND ADOPTED:
Resolution to recognize and commend law enforcement
personnel and City Prosecutors for superior
performance in the case of the tragic murder of two
young boys within the City.
The Honorable Robert J. Humphreys, Commonwealth's Attorney and Frank J. Zanin
Assistant Commonwealth'5 Attorney ACCEPTED the Resolution.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by Councilmember Reba McClanan
1 A RESOLUTION TO RECOGNIZE AND
2 COMMEND LAW ENFORCEMENT PERSONNEL
3 AND CITY PROSECUTORS FOR SUPERIOR
4 PERFORMANCE
5
6 WHEREAS, the City of Virginia Beach was recently shocked
7 by the tragic murder of two young boys;
8 WHEREAS, although initially presented with limited
9 information surrounding these terrible crimes, members of the
10 Virginia Beach Police Department, displaying thoroughness, team
11 work and professionalism of the highest level, identified the
12 individual who had committed the murders and subsequently obtained
13 a confession to the crime;
14 WHEREAS, members of the office of the Virginia Beach
15 Commonwealth's Attorney provided sound and timely advice and
16 guidance to the Police Department through the course of their
17 investigation, and thereafter performed commendably in the
is prosecution of the case, resulting in the conviction of the guilty
19 person; and
20 WHEREAS, certain members of the Police Department and
21 Commonwealth's Attorney's Office are particularly deserving of
22 recognition.
23 NOW THEREFORE BE IT RESOLVED, that this Council commends
24 and expresses its appreciation to the members of the Police
25 Department and the Office of the Commonwealth's Attorney who
26 participated in this case for the hard work, perseverance, and
27 investigative and legal skills which brought the matter to a just
28 conclusion;
29 BE IT FURTHER RESOLVED, that the Council individually
30 recognizes Commonwealth's Attorney Robert J. Humphreys, Assistant
31 Commonwealth's Attorney Frank J. Zanin, Detective Shawn W. Hoffman,
32 Detective James D. Price, and Evidence Technician Giselle P. Ruff,
33 whose industry, professionalism and dedication to duty reflected
34 great credit upon the institutions of law enforcement and criminal
35 justice in our community.
36 Adopted by the Council of the City of Virginia Beach,
37 virginia, on the 12th day of May 1992.
38 CA-4628
39 ORDIN\NONCODE\COMMEND.RES
40 R-4
- 68 -
C I T Y M A N A G E R 'S B R I E F I N G
C R U I S I N G 0 R D I N A N C E
ITEM # 35623
Item 111-M.3
C. Oral Lambert, Jr., Chief of Staff, distributed a DRAFT Ordinance to AMEND
and REORDAIN Chapter 21 of the Code of the City of Virginia Beach, Virginia, by
adding Section 21-260, pertaining to cruising on Atlantic Avenue. Traffic
congestion on Atlantic Avenue has long been a concern expressed by many
residents, businesses in the area, as wel I as City Staff and impacts the
visitors to the area. At times, the situation reaches near gridlock levels and
goes beyond the nuisance or inconvenience tactor for motorists. It is felt by
many to be an intolerable situation. The Atlantic Avenue Corridor is already
heavily impacted by valid business trips, with the influx of visitors, and the
acitivities occuring there. Adding to this problem, is the practice of
"crusing". Cruising is driving back and forth with no destination point, simply
for entertainment or pleasure. Another term might be recreational driving.
Cruising has also been associated with undesirable behavioral problems. The
Atlantic Avenue Circulation Committee, an arm of the Resort Area Advisory
Commission, advised in their report in January, a significant contributor to
the behavioral problems experienced in the Resort Area is the practice of
cruising on Atlantic Avenue, especial ly between Fifteenth and Twenty-f ifth
Street during the weekend and holiday period during the tourist season. The
practice has persisted for years and has not been addressed adequately by
ordinances. Mr. Lambert displayed samples of signs which would be placed on
several side streets leading into Atlantic Avenue and along Atlantic Avenue
warning motorists of the new law.
Concern was expressed by City Council relative entorcement.
The Ordinance will be SCHEDULED for the City Council Session of May 26, 1992.
- 69 -
Item 111-M.3.
NEW BUSINESS ITEM # 35624
ADD-ON
Mayor Oberndorf referenced the Public Service Forum at the Norfolk Waterside-
Marriott Convention Center on Thursday, May 21, 1992, sponsored by VIRGINIA-
TECH (Virginia Polytechnic Institute and State University). The Forum will
provide an overview of the prospects for federal action to assist defense
conversion by Senator Charles Robb. The Mayor distributed the invitation and
revised agenda to Members of City Council.
The City Manager advised his attendence.
- 70 -
Item Ill-M.4.
NEW BUSINESS ITEM # 35625
ADD-ON
Counci lwoman Parker referenced the Water Conservation Program results for the
Month of Apri I . Last year, during the month of Apri 1, the City uti I ized 30.5-
MILLION gal Ions. This amount has dropped to 27-MILLION gal Ions during Apri 1
1992. The public is to be commended.
- 71 -
Item 111-N.l.
ADJOURNMENT ITEM # 35626
Upon motion by Counci Iman Baum, and BY CONSENSUS, City Counci I ADJOURNED the
Meeting at 6:40 P.M.
Beverl-y'O. Hooks, CMC
Chief Deputy City Clerk
,th Hd e@Smith, CMC/AAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia