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APRIL 28, 1992
ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber - 10:00 AM
A. FY 1992-1993 OPERATING BUDGET
E. Dean Block, Assistant City Manager for Economic Management
B. FY 1992-1993 SCHOOL BUDGET - Council Chamber - 2:00 PM
Sidney L. Faucette, Ed.D., Superintendent, Virginia Beach Schools
Samuel M. Meekins, Chairman, School Board
ITEM 11. INFORMAL SESSION Council Chamber - 5:30 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 - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Edward L. Richardson
Chaplain
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 14, 1992
2. FY 1992-1993 BUDGET PUBLIC HEARING - April 16, 1992
G. CONSENT AGENDA
A I I matters I !sted un der the Consent Agenda are cons i dered in the
ordi nary cour se of bus iness by City Counci I an d wi II 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 authorizing the City Manager to execute Supplemental
Agreement No. 2 (Section 6) with HDR Engineering, Ltd. re
Resort Streetscape Improvements Section 3.
2. Resolution referring to the Planning Commission proposed amendments
to Section 227 of the City Zoning Ordinance re borrow pits.
3. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 6-3 re playing ball, using frisbee, etc., on beach.
b. Sections 6-12 and 6-112; REPEALING Section 6-22, re beaches,
boats and waterways.
c. Section 6-114 re launching, landing, parking or stationing
recreational vessels in certain areas.
d. Section 7-57 re bicycles and mopeds.
4. Ordinance to APPROPRIATE $175,400 from the Commonwealth of Virginia
Department of Corrections to the FY 1991-1992 Community Corrections
Budget re the Community Diversion initiative Grant Program; and,
the total appropriation be offset by $175,400 increase in estimated
revenues from the Commonwealth.
5. Ordinance to ACCEPT and APPROPRIATE $2,860 Grants from the
Department of Motor Vehicles to the FY 1991-1992 Police Department
Budget re acquisition of a moving radar unit and to reimburse
overtime; and, the total appropriation be offset by $2,860 incteas6
in estimated revenues from the Commonwealth.
6. Ordinance to ACCEPT and APPROPRIATE a $700 Grant from the
Department of Motor Vehicles to the FY 1991-1992 Police Department
Budget re acquisition of Federal Regulations involved in Motor
Carrier Safety; and, the total appropriation be offset by $700
increase in estimated revenues from the Commonwealth.
7. Ordinance to TRANSFER $30,000 within Department of General Services
1991-1992 Operating Budget re construction contract for stairways
at Sandbridge Beach.
8. Ordinance granting franchises re operation of open air cafes in
Resort District.
9. Ordinances authorizing tax refunds in the amount of $2,820.25.
H. PUBLIC HEARING
1. PLANNING BY CONSENT
a. Application of AUBREY V. and EMILY W. WATTS for a Chan-ge f
Zoning District Classification from AG-2 Agricultural District
to R-15 Residential District on the West side of Holland Road,
116.66 feet South of First Settlers Avenue, containing
38,768.4 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Application of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA for
a Modification to Land Use Plan for a church at 1917 South
Independence Boulevard, Unit 5, Green Run Shop-pes, containing
1,440 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
c. Ordinance to AMEND and REORDAIN Section 5.2 ot the Site Plan
Ordinance re on-site pavement requirements for apartments and
condominiums.
Recommendation: APPROVAL
2. PLANNING
a. Application ot JEFFREY DAVID BEAVERS to authorize a change in a
nonconforming use at 508 18th Street (to expand the existing
duplex by raising the roof), containing 6,510 square feet
(VIRGINIA BEACH BOROUGH).
Staff Recommendation: APPROVAL
b. Application of S.A.S. ASSOCIATES to authorize a ch,ng, i, a
nonconforming use at the Northeast corner of Atlantic Avenue
and 31st Street (for indoor roller blade arena and pinball
/video games), containing 17,424 square feet (VIRGINIA BEACH
BOROUGH).
Staff Recommendation; APPROVAL
c. Applications of THE MOST REVEREND WALTER F. SULLIVAN, Bishop of
the Diocese of Richmond, re property on the East side of
Princess Anne Road, 1 300 feet more or less South of Green
Meadows Drive, containing 15 acres (KEMPSVILLE BOROUGH):
Cha e Zonin District Classification from PD-HI Planned
Uni7gDevoeflo,ment-qDi@trict to R-10 R.sidential Dis rict;
AND,
Conditional Use Permit for a Catholic hiqh school.
Recommendation: APPROVE BOTH APPLICATIONS
d. Application of BEACH BUNGEE, TRP ENTERPRISES INC. f,r a
Conditional Use Permit for recreational and amusement
facilities of an outdoor nature
210 26th treet and 2507 r containing
15,115 square feet (VIRGINIA BEACH BOROUGH).
Recommendation: DENIAL
e. Ordinance to AMEND the Master Street and Highway Plan re
deletion of Constitution Drive Flyover.
Recommendation: MSHP be AMENDED in accordance with
Staff proposal
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Ordinance to AMEND and REORDAIN Section 21-371 of the Cod, f
the City of Virginia Beach, Vlrginia, re Handicapped Parking
Violations.
(Sponsored by Mayor Meyera E. Oberndorf)
b. Resolution to establish Procurement Policy re recycled
products.
(Sponsored by Mayor Meyera E. Oberndorf)
c. Resolution supporting Resort Retallers Association's efforts re
removal of vulgar and offensive merchandise from Resort Area
Shops.
(Sponsored by Vice Mayor Robert E. Fentress)
K. ADJOURNMENT
SCHEDULE
FY 1992-1993 OPERATING BUDGET
City Council Chamber
THURSDAY, APRIL 30, 1992 7:00 PM
**SPECIAL FORMAL SESSION**
PUBLIC HEARING
Princess Anne High School Auditorium
THURSDAY, MAY 7, 1992 10:00 AM
RECONCILIATION WORKSHOP
TUESDAY, MAY 12, 1992 2:00 PM
APPROPRIATION ORDINANCES
COUNCIL SESSIONS CANCELLED
MAY 5, 1992
CITY COUNCIL ELECTION DAY
4/23/92 gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vlrginla
April 28, 1992
Mayor Meyera E. Oberndorf called to ord,r the Fy 1992-1993 OPERATING BUDGET
WORKSHOP SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers,
City Hall Building, on April 28, 1992, at 10:00 A.M.
Council Members Present:
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 Absent:
Robert W. Clyburn (Testifying before the House
Appropriations Subcommittee on
Transportation re the City Line Road)
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vlrginia
April 28, 1992
Mayor Meyera E. Oberndorf called to order the Fy 1992-1993 OPERATING BUDGET
WORKSHOP SESSION of the VIRGINIA BEACH CITY OOUNCIL in the Council Chambers,
City liall Building, on April 28, 1992, at 10:00 A.M.
Council Members Present:
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 Absent:
Robert W. Clyburn (Testifying before the House
Appropriations Subcommittee on
Transportation re the City Line Road)
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C IT Y C 0 UN C I L W OR K S HOP
FY 1992-1993 OPERATING BUDGET
10:00 A.M.
ITEM # 35528
E. Dean Block, Assistant City Manager for Economic Management, advised
concerning the Fire Department in the FY 1991-96 Capital Improvement Program
(CIP), there are three fire stations programmed: Little Neck, Diamond Springs,
and General Booth. Of these, only Little Neck is fully funded in the five-year
period. Construction on the Little Neck Station is scheduled for completion in
January 1993. Staffing and equipment was substantially provided in FY 1989-90,
and, with the exception of three fire fighter positions funded in the FY 1992-
93 budget, no other increase in funding will be required. The other two fire
stations, Diamond Springs and General Booth, are only partially funded in the
CIP and no construction schedule has been determined. City Council has
indicated that if ending balances are sufficient in FY 1991-92, funds should be
applied toward constructing the General Booth Fire Station.
Information Technology is organized into seven programs: (1) The Director's
Office provides the leadership and planning for the Department, (2) Systems and
Programming produces customized software applications for city agencies, (3)
Computer Operations performs mainframe computer processing and data
communications services for city and school agencies, (4) Technical Services
and Distribution provides maintenance and services to data communications
systems and local area network systems (LANS), (5) Systems Engineering Support
customizes software for use with the mainframe, (6) Microcomputer Support
develops and supports microcomputer software and hardware through City
agencies, and (7) Telecommunications, transferred into the Department in FY
1991-92, maintains and services telecommunications (phone) systems for city
agencies within and beyond the Municipal Complex. C. W. Smith, Jr., Director,
advised it is more feasible for the City to purchase the computers which
receive a utilization of three to four years rather than leasing them. As
larger machines are required, the previous ones can be moved to operations just
comencing. When an old machine breaks down, it is stripped and scrapped and
utilized for parts. Mr. Smith advised a "Dial-Up-Service" has been operational
for nine months in which all City Departments within and outside the City
complex who do not have a direct link to the CPU, do have dial-up capabilities.
A "Dial-Up-Service" for the citizenry should be available approximately the
first of July, as soon as all the information is provided by the Real Estate
Assessor. Mr. Smith advised the City of Virginia Beach is utilizing outsourcing
quite frequently. Within the Information Technology Department, all of the
maintenance, all hardware, mainframe and terminal, 75% of technical education
is outsourced. Over the next five years, concerning microcomputers,
approximately $175,000 has been saved by bringing the maintenance inhouse and
$125,000 by bringing education inhouse. Within the new Judicial Center, the
staff will be completely wiring the new building as far as telephones and
computer cables, thus saving th& City approximately $90,000. Information
Technology is presently involved in several scanning projects, both optical
and bar coded. The School Board will reimburse Information Technology $150,000
for a total cost of $750,000 depending upon ultimate use of the main frame. Mr.
Smith advised this would have a significant impact on the Information
Technology Budget, should the School system decide they do not need to utilize
the main frame. The School Board has also requested a new payroll personnel
system similar to the one utilized by the City to be run on the host main
frame. The previous Superintendent wrote a letter of commitment to the previous
City Manager of five years commitment to the main frame. Mr. Smith advised, to
his knowledge, approximately four cases of the Michelangelo virus were found.
Others might have been found, which were not reported.
Dr. Dennis Wool - Mental Health/Mental Retardation/Substance Abuse, relative
the Substance Abuse Services, services are provided to 1,500 people admitted to
the Detox Center and approximately 35% of detox clients are referred to other
programs following completion of detox. There is a portion of the population
that visits on a too frequent basis, but the program never gives up, on the
fifth or sixth time the individual is finally able to break into the denial of
their behavioral pattern and find some avenue for recovery. The Day Treatment
Program, immediately adjacent to this program follows the affected individuals.
The Board approved the name change from the Detox Center to the Recovery
Center, as a means to convey to the Community the positive aspect in that
program.
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C IT Y C 0 UN C I L W OR K S HOP
FY 1992-1993 OPERATING BUDGET
ITEM # 35528 (Continued)
Emergency Medical Services continues to see an increase in the demand for
services. The number of calls received by the City's Department of Emergency
Medical Services has been steadily increasing over the last seven years at a
rate of approximately 8% annually, If this trend continues, the Department will
be responding to over 26,700 calls for service in FY 1992-93. Mayor Oberndorf
and the City Council extended appreciation to Bruce W. Edwards, Director, for
the valuable services rendered by the Emergency Medical Services and their
dedicated volunteers.
The Department of Museums is threefold in the support of the City's goal to
enhance the City's quality of life by providing opportunities for educational,
recreational and cultural experiences for individuals and their families. First
the department operates the Marine Science Museum, as a largely self-supporting
enterprise to provide citizens and tourists the opportunity to increase their
knowledge of Virginia's marine environment. In addition, the department
operates the Francis Land House and oversees the activities involving the
deWitt Cottage. Second, the department leads in the coordination of the
development of the City's museum and historic site resources as cultural assets
and attractors for the tourism industry. Third, by providing support to the
Arts and Humanities Commission, the department advances the City's objective
that citizens of all ages have an opportunity to observe or participate in
artistic and cultural experiences. Funding for the Arts and Humanities
Commission will decrease due to the fiscal constraints under which the City
will be operating: from $0.75 per capita in FY 1991-92 to $0.50 per in FY
1992-93. In cooperation with the reduced level of funding, the staff support
provided by the Museum's Administration unit will be reduced. A full-time
position will be reduced to a part-time position. C. Mac Rawls, Director -
Virginia Marine Science Museum, advised, relative the expansion, the
conceptional part of the planning has been completed and models have been
produced. The Museum is now ready to go with the next stage of the
architectural work, which will be providing contract drawings. A feasibility
study, previously authorized by City Council, and an overview of the proposal
will be part of the presentation to City Council during the Summer. Of the
$1-MILLION authorized, approximately $500,000 has been expended in the current
Capital Improvement Program. A portion of the feasibility study will
incorporate the possible utilization of revenue bonds. Information concerning
utilization of double-barrel bonds relative the percentage of the debt to the
ability to pay will also be furnished. As of April First, the Francis Land
House is now open six days a week.
Mr. Block advised the Offices of Research and Strategic Analysis and Budget and
Evaluation have been combined and will be named the Department of Management
and Budget. The Capital Improvement Program will be modified to a six (6) year
document rather than the ten (10) year current program span. A ten-year
program was first devised because of the original backlog plan developed in
1986, which the City Council adopted. The City is no longer so far behind in
terms of this backlog because of the extensive construction in that period of
time, as well as a slow down in a buildout of previously approved subdivisions.
The CIP would be coincident with the State Plan, which is a six-year plan and
will also reduce the work load of City Council and the City staff. A survey
will be made on CIP Priorities.
An analysis will be prepared concerning the pros and cons of each of the
following alternatives concerning presentation of the Capital Improvement
Program: Prior to the Operating Budget; At the same time as the Operating
Budget; or the Document continue to be presented in September. Ferrell Parkway
V and Independence Boulevard is a locally 100% funded project; whereas Ferrell
Parkway VI and VII is VDOT funded. Mr. Block will provide information relative
the time sequence and time savings that could be made by shifting the VDOT VI
and VII to V and freeing the funds from V for Independence Boulevard.
Mayor Oberndorf referenced correspondence from the Hampton Roads Chamber of
Commerce/Virginia Beach relative projects for stormwater management and flood
control that could possibly be predicated on the proposal relative the
Environmental Utility fee as opposed to the real estate tax.
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C IT Y C 0 UN C I L W OR K S HOP
FY 1992-1993 OPERATING BUDGET
ITEM # 35528 (Continued)
The City Council has appropriated approximately $1.2-MILLION to the Sandbridge
sand replenishment project contingent upon the Federal Government providing for
that project. If the percentages are changed, or the data changes in a
significant manner, it must return to the City Council; and, if there is a
requirement for additional funding, it must be addressed at that point. The
General Assembly provided for the opportunity under certain conditions for a
Special Tax District in the affected area and provided enabling legislation
toward that end. At this time, the City Attorney's office is investigating the
steps necessary to provide the Special Tax District.
Mr. Block advised relative Convention and Visitor Development, the new Visitor
Information Center, strategically located at the expressway's entrance to the
Resort Area, is having a greater impact on assisting visitors and responding to
tourist inquiries than was originally envisioned. Three electronically
technology systems - a WATS telephone system, a microcomputer network and an
electronic message center -- have been recently installed, and are combining to
increase productivity. Pavilion, the City's convention center, is now twelve
years old and maintaining its appearance, its furniture, equipment, and
ultimately its utility and desirability as a convention facility, requires
additional resource investments. Approximately $100,000 is included
specifically to address the Pavilion's needs. However, even with this
investment, major facility repairs and improvements had to be deferred due to
funding limitations. The tourist season for Virginia Beach in 1991 showed signs
of rebounding from declines in the previous two years. The Department wili be
operating at 100.4% of the original FY 1991-92 budget, primarily due to an
estimated $61,729 increase in lodging tax revenues specifically dedicated to
advertising for oceanfront events. Convention and Visitor Development was
identified as one of the high priorities by City Council. James B. Ricketts,
advised the Resort Programs Office has been shifted under Convention and
Visitor Development. The organizational chart will be revised to identify the
Resort Programs Office. More detail will be provided concerning the Resort
Program/Special Events, Budget Section 39011. Approximately $2.35-MILLION is
currently expended in tourism advertising.
Mr. Block advised Housing and Neighborhood Preservation reflects a 25.8%
increase in funding over the approved FY 1991-92 Operating Budget. This
increase is due, primarily, to the new federal HOME initiative. Proposed City
funding for the department is $540,120 - a 4.4% decrease from the approved FY
1991-92 Operating Budget. Maryann I. Ustick, Director, advised Commlinity
Development Block Grant Funds can be utilized for shelter environments;
however, these funds are usually needed for possible overruns in some of the
other projects, whether they be housing or Capital Improvement Projects. Mrs.
Ustick advised the Community Development Block Grant Budget will be presented
on May 26, 1992. Most of the funds were reailocated to complete the TARGET
neighborhoods as this is the top priority. Federal Emergency Block Grant
Program Funds are also received, which are allocated to Samaritan House and
several other shelters.
Mr. Block will advise the exact balance on the Reserve for Contingency in this
year's Operating Budget.
There is a concern in the Little Neck Area, that septic tanks are failing and
if this will be given immediate priority instead of building the sewer in
stages. Clarence 0. Warnstaff - Director, Public Utilities, advised there is
presently a contract under way extending public sewer to a portion of Little
Neck and the City's goal is to continue that outward march until the end is
reached. Mr. Warnstaff will investigate this particular case. As a part of the
Capital Program each year, the Sanitary Program is evaluated in terms of
neighborhood needs and Public Utilities is attempting to utilize and extend
public sewer within the framework of existing capital funds. All public water
and sewer operations, including the Operating and Capital Budget, are paid
through user fees. There are no tax subsidies.
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C IT Y C 0 UN C I L W OR K S HOP
FY 1992-1993 OPERATING BUDGET
ITEM # 35528 (Continued)
Mr. Warnstaff advised continued monitoring of the reservoir levels and the
status of the Blackwater River and the Nottoway River. The Development
Services Center publishes a report concerning the activity of developer plans
and this is used as a gauge in terms of forecasting workload. This information
will be presented to City Council and an outline of positions contained in the
Engineering Division (20011) and respective workloads. Mr. Warnstaff advised
re the Engineering Division, in addition to reviewing developer plans, their
principal responsibility is implementing the water and sewer capital program
through project management. A list of increases above current will also be
provided.
Vice Mayor Fentess referenced Section 16033 Beautification, on page 16-8 under
the General Services Budget. Vice Mayor Fentress requested clarification of the
statement: "Provides litter removal on demand".
Mayor Oberndorf RECESSED the City Council Workshop at 11:42 A.M. to attend a
Recognition Luncheon at the Central Library for a "Friends of The Library".
- 6 -
C I T Y M A N A G E R ' S@ P R E S E N T A T I 0 N
FY 1992-1993 OPERATING BUDGET
2:00 P.M.
ITEM # 35529
James K. Spore, City Manager, distributed a fact sheet encompassing various
assumptions relative the FY 1992-1993 OPERATING BUDGET decision impact on FY
1993-94.
Revenues: $8-MILLION Increase In State
School aid and approximately $1.2%
In local revenues - no use of fund
balance.
Expenditures: +3% General Ad,justment
+2-1/2% Merit/SStep
+1.5% Inflation
+3% School Growth/New Schools
Debt Service - Increase per trend
FY 1992-93 ALTERNATIVES and FY 1993-94 IWACT
1. Proposed Budget
2-112% General Adjustment + $20/Month Increase
FY 1993-94 Tax Impact with assumptions as shown
+9.8 Cents
$1.188 Rate
11. Phase-in Plan
2-1/2% Merit
2-112% - January I General Adjustment
FY 1992-93 - Requires $1.25-MILLION
FY 1993-94 Tax Impact
+13.8 Cents
$1.228 Rate
111. "Full Funding"
5% - Everyone
School Budget as requested
FY 1992-93 - $11.7-MILLION from fund balance
FY 1993-94 Tax Impact
+19.1 Cents
$1.281 Rate
NO REFERENDUM INCLUDED IN ALTERNATIVES
- 7 -
C I T Y C 0 U N C I L W 0 R K S H 0 P
FY 1992-1993 SCHOOL BOARD BUDGET
2:15 P.M.
ITEM # 35530
The fol lowing Members of the Virginia Beach City School Board were in
attendance:
Samuel W. Meekins - Chairman
William H. Barnes
Susan L. Creamer
Cynthia M. Davenport
Gerald G. Gibbs
June Turner Kernutt
Edward G. Kreyling, Jr.
Martin J. Mul'derrig, Jr.
Chairman Meekins advised in terms of commitment to education and to the
community in general, this Budget is the best the School Board ever produced.
To improve education in Virginia Beach, with no cost to local taxpayers, is a
very diff icult task and this has been accompl ished through a great deal of
sacrifice, pain and turmoil. $3.6-MILLION in salaries has been cut from
administration. This represents approximately 97 eliminated positions.
Approximately $17-MILLION in funds was returned to the City last year. This
year three new schools will be opened housing approximately 2,000 new students,
a new Middle School process wi I I be implemented, funds wi I I be provided for
specific school supplies to each school and free text books will be provided to
each of the students. The School Board is engaged in a restructuring process
for education in Virginia Beach. This process has been reviewed and endorsed
by the Parent Teacher Associations, Virginia Beach Educational Association,
each of the principal groups: Elementary, Middle, Junior and Senior High
Schools and by the Virginia Beach Chamber of Commerce Educational Subcommittee
Central to the restructuring process is the concept of shared decision making.
An Indicators of Quality Commit-tee concerning schools has been established with
its first meeting SCHEDULED for Wednesday, April 29, 1992. This is a committee
comprised of local citizens, business groups, mi I itary, as wel I as members of
City Counci I have been invited to participate. Methods of assessing these
Indicators are being developed. This wi I I include a p lan for a Virginia Beach
Graduation Competency Test. A student must pass this test to graduate. This
test wi I I be developed based upon the Indicators of qua[ ity. This year the
School Board is requesting a lump sum appropriation for the School Budget.
Dr. Sidney L. Faucette, Superintendent - Virginia Beach Public Schools, advised
over 50% ot students are from single-family homes, child abuse and neglect are
common occurrences as well as gangs and violence. There are more culturally
disadvantaged children. The nicest places many of these students go every day
is to school. Educational needs of children are different and the school system
is working hard to be sensitive and receptive to these differences. If the
process is not begun of meeting these different needs, the "politics of
decline" will result. Free textbooks will remove obstacles for students and
psychologically for indigent children who cannot afford textbooks. On day One,
instruction can begin for all students. The School Board is attempting to
provide more "gifted and talent" programs, upgrade obsolete libraries, three
(3) new schools will be opened, initiating a Middle School Program, dealing
with the disadvantaged through two programs: (1) Reading Recovery and (2)
Accelerated School Program to commence in five schools. There is a "Last Chance
School" contained in the budget (a typically expelled students last chance).
This budget is based on 1,951 new students. This budget includes teacher
assistants in ten schools for security at elementary schools within certain
high density areas which require greater security, replacement buses and a pay
raise for all school employees. Dr. Faucette cited Page E-4, which notes
proposed local funds in the School Operating Budget have been reduced by
$8,395,885, with an also not so obvious reduction of $718,138. for a total
budget reduction in the school request of $9,114,022. In addition to $150,000
for mainframe charges, there is $510,000 for refuge collection and $58,138 tor
legal fees from the City Attorney's Office that are also absorbed in the School
Budget.
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C I T Y C 0 U N C I L W 0 R K S H 0 P
FY 1992-1993 SCHOOL BUDGET
ITEM # 35530 (Continued)
During Fiscal Year 1993-1994, Dr. Faucette advised State Funding will be
approximately $6 to $8-MILLION more in funding for education.
Dr. Faucette advised a teacher with a year or more experience would get
credit. One step would be added on each scale, particularly the teacher's
scale. Dr. Faucette has requested the School Board consider on Step 28, to add
a "longevity step". Employees at the top of the scale in the last three years
would have retirement based on this step. Approximately 20% of school
employees have reached the top of their scale.
Chairman Meekins advised $38-MILLION (over 10%) of the School Board Budget is
devoted to special education. This is in addition to the regular cost of
education. A lump sum appropriation provides the school system flexibility.
Dr. Faucette advised there would be approximately 85% of estimated health
insurance uti I ization in the $55-MILLION fringe benefits. Last year, it was
approximately 80%. This budget does not include the discussion involving $20
per month increase in the City's contribution for employee's health insurance.
There is a possibility of an additional $900,000 revenue from the State. A rate
of 7.96 was utilized concerning contribution for retirement benefits. In 1991-
1992, seventy-two (72) positions were rp-duc@,d; however, the employees were
guaranteed present positions through this current year. An additional twenty-
tive (25) positions was reduced this year for a total of ninety-seven (97) with
a savings of approximately $3.6-MILLION. In the destaffing the School Board
carried out a year ago with the first seventy-two, the salaries were guaranteed
for one year. The additional twenty-five (25) positions reduced this year were
not guaranteed their salaries. On June 30, 1992, their salaries wi I I revert to
whatever the role they occupy. Out of those ninety-seven positions, there are
possibly five people that wi I I not have jobs on July, 1, 1992. The $50,000
requested for the Northern Regional Vocational Educational Center entai led an
initial study of this concept. The VOTEC Center on North Landing Road is
inaccessible to students in the Northern portion of the City. The School is
investigating utilizing a building currently owned, i.e, the Career Development
Center on Witchduck. The $200,000 for the After School Program in the School Is
Budget ental Is an accelerated school program. Students having diff iculty in
their regular classes during the day would be "after school" for about two
years and would receive tutorials, as well as access to a cultural environment
by visiting the Marine Science Museum, etc. Textbooks are utilized on a 6-year
cycle. Students are expected to pay for damage to books on a free system as on
a rental system. Forty-five (45%) percent of students are military related.
Courthouse Elementary School will be reexamined.
Dr. Faucette advised relative personnel matters and disabilities law, the
School Board must go outside for legal counsel. Other than that, it is to the
School Board's interest to utilize the City Attorney's office for issues
involving the Schools. The City Attorney has included a $92,000 amount in the
Budget to fund an Attorney and Secretary to handle litigation for the School
Board. This portion is not funded in this year's Budget.
The School is endeavoring toward a "Leadership Academy" to create leaders for
the future. The School system is large enough to promote from within and not
have to go outside. There are three schools being opened with no tax Increase.
Dr. Faucette had made a commitment to not request the City for any new local
funds. The ten (10) Assistant Teacher Positions for elementary schools
encompassing a total of $176,000 are reflections of society and high density
areas.
Chairman Meekins advised Dr. Faucette has raised the School Board's
consciousness regarding security issues. Currently there are three or four
security assistants at each high school and junior high schools. There are two
or three students with special needs encompassing a cost ot approximately
$96,000 per child to educate. Chairman Meekins advised the school board would
be most pleased to participate and assist in revisiting the Capital Improvement
Program process.
- 9 -
C I T Y C 0 U N C I L C 0 N C E R N S
3:55 P.M.
ITEM # 35531
As per request of Mayor Oberndorf, the City Clerk distributed correspondence
from The Samaritan House.
ITEM # 35532
BY CONSENSUS, Clty Council RESCHEDULED the May 7, 1992 RECONCILIATION WORKSHOP
from 10:00 A.M. to 12:00 NOON.
ITEM # 35533
Mayor Oberndorf advised Councilman Sessoms has offered his resignation from the
Planning Council because of conflicts. As the regular annual meeting of the
Planning Council, is Apri 1 29, 1992, Jean Canoles Bruce, Executive Director,
has requested the City Council appoint a successor.
ITEM # 35534
Mayor Oberndorf referenced correspondence concerning Reese F. Lukei, Jr., who
expressed Interest in Membership on Greenways, Trails and Bikeways Committee.
Councilwoman McClanan advised several citizens have indicated a desire to serve
on this Committee. BY CONSENSUS, this item wi I I be SCHEDULED for the City
Counci I Session ot May 12, 1992, to AMEND the Resolution concerning membership
and appoint additional members.
- 10 -
ITEM # 35535
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on
Tuesday, April 28, 1992, at 5:18 P.M.
Council Members Present:
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 Absent:
Robert W. Clyburn
- 11 -
ITEM # 35536
Mayor Meyera E. oberndort 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 14ATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotlon, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointment: Planning Council
2. LEGAL MATTERS: Consultation with legal counsel or brief ings by staf f
members, consultants or attorneys pertaining to actual or probable
litigatton, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: Patrick A. Janezeck v. Board of Zoning Appeals (Appeal of
Franciscus Company)
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council voted to proceed Into EXECUTIVE SESSION.
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 Absent
Robert W. Clyburn
- 12 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 28, 1992
6:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday,
April 28, 1992, at 6:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., 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 Absent:
Robert W. Clyburn (Testifying before the House
Appropriations Subcommittee on
Transportation re the City Line Road)
INVOCATION: Father Edward L. Richardson
Chaplain
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 13 -
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 35537
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
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 Absent
Robert W. Clyburn
.6
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXE M IVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35536,
Page No. 11, 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, THEREFIORE, 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.
Euth Hodges Smith, CMC/AAE
City Clerk April 28, 1992
- 14 -
Item Ill-F.l.
MINUTES ITEM # 35538
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of Apri 1 14,
1992.
Voting: 9-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker*
Council Members Absent:
Robert W. Clyburn
*Councilwoman Parker VERBALLY ABSTAINED as she was not in attendance during the
City Council Session of April 14, 1992.
- 15 -
Item Ill-F.2.
MINUTES ITEM # 35539
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the FY 1992-1993 BUDGET PUBLIC HEARING of April
16, 1992.
Voting: 9-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.*
Council Members Absent:
Robert W. Clyburn
*Councilman Sessoms ABSTAINED as he was not in attendance during the City
Council Session of April 16, 1992.
- 16 -
Item I I I -G.
CONSENT AGENDA ITEM # 35540
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Counci I APPROVED in ONE MOTION Items 1, 2, 3 a./b./d, 4, 5, 6, 8 and 9 of the
CONSENT AGENDA.
Item 3 c. and 7 was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Lou is 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:
Robert W. Clyburn
*Councilwoman Parker ABSTAINED on portions of Item G-8, as the following are
business clients: (1) Barclay Restaurant Corporation (t/a London Pavilion
Restaurant and Lounge); (3) Colonial Inn, Inc.. (T/A Cary's Restaurant); (12)
Triton Towers Associates L.P. (t/a Waters Edge Cafe); and (13) Seashore
Mangement, Ltd. (t/a Laverne's Restaurant).
- 17 -
Item III-G.1
CONSENT AGENDA ITEM # 35541
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution authorizing the City Manager to execute
Supplemental Agreement No. 2 (Section 6) with HDR
Engineering, Ltd. re Resort Streetscape
Improvements Section 3.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paui 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:
Robert W. Clyburn
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE SUPPLEMENTAL
AGREEMENT NO. 2 (SECTION 6) TO THE
RESORT STREETSCAPE IMPROVEMENTS
SECTION 3 DESIGN CONTRACT
WHEREAS, HDR Engineering, Inc. was selected by the City of
Virginia Beach in May 1989 to perform design services for Sections
3, 4, 5, and 6 of the Resort Streetscape Improvements project;
WHEREAS, the City of Virginia Beach executed an agreement with
HDR Engineering, Inc. on January 29, 1990 to provide design
services for Section 3 of the Resort Streetscape Improvements
project, hereafter referred to as the original agreement;
WHEREAS, the City of virginia Beach executed a supplemental
agreement to the original agreement with HDR Engineering, Inc. on
April 8, 1991 to provide design services for Sections 4 and 5 of
the Resort Streetscape Improvements project. This supplemental
agreement is hereafter referred to as Supplemental Agreement No. 1;
WHEREAS, the City of Virginia Beach now desires to execute a
second supplemental agreement, hereafter referred to as
Supplemental Agreement No. 2, to the original agreement with HDR
Engineering, Inc. to provide design services for Section 6 of the
Resort Streetscape Improvements project;
WHEREAS, the original contract, as amended by Supplemental
Agreement No. 1, is a fixed-fee contract, and that further
amendment of this contract by the addition of supplemental
Agreement No. 2 will result in exceeding the value of the contract
by thirty per cent; and
WHEREAS, Section 11-55 of the Code of Virgi.nia requires the
advance written consent of the governing body, in the case of a
political subdivision, to execute any modification to a fixed-fee
public contract that will increase that contract amount by more
than twenty-five per cent or $10,000, whichever is greater;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to execute, on its behalf,
Supplemental Agreement No. 2 to the Resort Streetscape Improvements
Section 3 agreement with HDR Engineering, Ltd., to provide design
services for Section 6 of the Resort Streetscape Improvements
project.
Adopted by the Council of the City of Virginia Beach,
virginia, on 28th day of April 1992.
nfe
APPR"ED AS TO/,CONTENTS
2
- 18 -
Item III-G.2
CONSENT AGENDA ITEM # 35542
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution referring to the Planning Commission
proposed amendments to Section 227 of the City
Zoning Ordinance re borrow pits.
Concern was expressed as the requirements should be more strict. Assistant City
Attorney William Macali advised the City Council retains the power over borrow
pits through the Use Permit process. The City would retain waivered status by
adopting the proposed amendments. Inspection fees relative stormwater
management retention ditches will also be examined.
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 Absent:
Robert W. Clyburn
TO CQNiLtNi@@
NATURE
DEPARTMENT
APPROVED AS TO LEGAL
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION PROPOSED AMENDMENTS TO SECTION 227
3 OF THE CITY ZONING ORDINANCE, PERTAINING TO
4 BORROW PITS
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That there is hereby referred to the Planning Commission,
8 for its consideration and recommendation, proposed amendments to
9 Section 227 of the City Zoning Ordinance, pertaining to borrow
10 Pits. A true copy of such proposed amendinents is hereto attached.
11 Adopted by the City Council of the City of Virginia
12 Beach, Virginia, on the 28th day of Ar)ril 1992.
13 CA-91-4529
14 \ordres\czo227.res
15 R-1
APijp,,j
DE-PA,".@ t@T
/@,G TO Lr-(@
I AN ORDINANCE TO AMEND AND REORDAIN SECTION 227
2 OF THE CITY ZONING ORDINANCE, PERTAINING TO
3 BORROW PITS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Section 227 of the City Zoning Ordinance of the City of
7 Virginia Beach, pertaining to borrow pits, be, and hereby is,
8 amended and reordained, and shall read as follows:
9 See. 227. Borrow pits.
10 (a) Application. Each application for a use permit for a
11 borrow pit shall include the following information in addition to
12 the general information required by this ordinance:
13 (1) A boundary survey of the subject property, together
14 with the proposed location of the limits of
15 excavation;
16 (2) The means of vehicular access to the proposed
1.7 excavation;
18 (3) The number of cubic yards to be excavated;
19 (4) The areas proposed for the storage of overburden
20 and other spoil during the process of excavating;
21 (5) The proposed date on which excavating will
22 commence, the proposed date on which the excavation
23 will be completed and the proposed date that all
24 required restoration measures are to be completed;
25 (6) The location of all haul roads leading to public
26 streets and highways within the area, and the
-27 location of all service roads on site;
28 (7) A statement listing the public streets and highways
29 to be used as haul routes;
30 (8) A plan showing the proposed use of the property
31 once excavation has been completed, including the
j2 location of proposed lots, streets, structures and
33 other features;
34 (9) A plan for filling of the borrow pit, if this is
35 intended, once excavation has been completed. No
36 filling of the borrow pit will be allowed unless
37 plans for the filling have bden approved by city
38 council as a part of or as an amendment to the use
39 permit application, and until the city engineer has
40 issued a fill permit for such activity.
41 (b) Special requirements.
42 (1) Undrained pockets and stagnant pools resulting from
43 surface drainage shall be sprayed in accordance
44 with requirements of the state board of health to
45 eliminate breeding places for mosquitoes and other
46 insects.
47 (2) off-street parking areas adequate for all
48 employees' vehicles and trucks shall be provided.
49 (3) The edge of the area to be excavated shall be
50 located at least one hundred (100) feet from all
51 exterior property lines. The setback area shall
52 not be used for any purpose during the period of
;3 excavation, including overburden and spoil storage,
54 except the setback area may be used for access
55 roads. Exterior limits of all work shall be
56 monumented with iron markers no less than five (5)
57 feet above surface of the earth.
58 (4) Access roads. Access roads to any excavation where
59 hauling is being conducted shall be maintained in a
60 dustfree manner. All access roads shall be
61 constructed so as to intersect as nearly as
62 possible at right angles with public streets and
63 highways and no access road shall intersect any
2
64 public road at any angle of less than sixty (60)
65 degrees.
,6 (5) Operating hours. Operating hours of excavation
67 shall be restricted to between 7:00 a.m. and 7:00
68 P.m- or such lesser hours of operation as the city
69 council may dee-m appropriate. No sunday operations
70 shall be permitted.
71 (6) Construction of buildings. All buildings used for
72 the production and processing of excavated material
73 shall be constructed and maintained as required by
74 the building code of the city.
75 (7) Roadside landscape. Existing trees and ground
76 cover along public street frontage shall be
77 preserved and maintained, and replaced during the
78 period of excavation if the appropriate city
79 authorities deem is necessary.
80 (8) Excavation permits. No excavation on the site
81 shall commence until an emeavatien ermits
82 recruired by Chapter 30 of the Citv Code and Section
83 45.1-181 of th irainia Code permit @ have been
84 received from the depart-ment ef publie
85 Department of Public Works and
86 Department of Mines, Minerals and Energy, and all
17 requirements of ehapter Chapter 30 of the City Code
88 and virginia Mineral Mining Regulations have been
89 complied with.
90 (c) Factors xelating to approval. Before issuing any use
91 permit for the excavation or fill of a borrow pit, the city council
92 shall give due consideration to the following factors:
93 (1) Effect of the proposal upon groundwater supply and
94 drainage in the area;
95 (2) Effect of the proposal upon the city streets of the
96 area, including but not limited to the factor of
97 traffic safety;
3
98 (3) Impact from noise, dust, odor or other nuisance,
99 upon surrounding properties;
Jo (4) Effect of the proposal as a potential health or
101 safety hazard.
102 (d) Additional recrua f
103 1
104 age Handbook
105 proiftulgated by
106 any future amendments thereto. i erence
107 as if fullv set
108 Adopted by the Council of the City of Virginia Beach on
@,109 the day of 1992.
110 CA-91-4528
ill \ordin\noncode\CZ0227.orn
112 R-1
4
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE II OF CHAPTER 30 OF THE CITY
3 CODE, PERTAINING TO BORROW PITS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Article II of Chapter 30 of the Code of the City of
7 virginia Beach, pertaining to borrow pits, be, and hereby is,
8 amended and reordained, and shall read as follows:
9 ARTICLE II. BORROW PITS
10 DIVISION 1. GENERALLY
11 Sec. 30-16. Definition.
12 For the purpose of this article, the term "borrow pitit means
13 any operation involving the breaking or disturbing of the surface
14 soil or rock, where the primary purpose of the operation is to
15 facilitate or accomplish the extraction or removal of sand, soil,
16 gravel, fill or other similar material (rather than te
17
18 er- eatise --e site ef the be
19 Specifically exempt from this definition are the
20 following:
21 (1) Any excavation for roads, drainage, stormwater
22 management facilities or similar features
23 necessarily incidental to and in accordance with
24 the approved construction plans for a residential
25 subdivision or other similar development activity,
26 even though the excavated material may be hauled
7 offsite or sold.
28 (2) Any excavation for the sole purpose of conducting a
29 bona fide agricultural operation, including, but
3 0 not limited to, excavations to improve drainage,
31 provide watering facilities for livestock or create
j2 a holding lagoon for animal waste.
33 (3) Any excavation which is less than ten theusand-
34 (19,900) squ one acre in area and less than
35 ene thousand (i,o b4-e yar--- five (5) tong in
36 volume.
37 (4) Any trench, ditch or hole for utility lines,
38 drainage pipes or other similar public works
39 facilities or projects where the excavation is in
40 accordance with the approved construction plans.
41 Bee. 30-17. Violations of article.
42 Any persen viela@ iolation of any of the provisions of
43 this article shall be Ejuilty ef- a Glass 3 misdemeanor Punishable by
44 a fine in an amount not to e
45 or by confinement.in iail for a iperiod not to exceed one (1) year,
46 either or both.
47 Sec. 30-18. Permitted only in appropriate zoning districts.
48 Borrow pits shall be allowed only in these gening distrieta
49 ifhere permitted by as Provided in the eempreh----- --e gening
50 erdinanee Ci inance.
51 Bee. 39 18.1 necjiobmabi m whiah
52 beepol-F
53 (a) W4:thin 94:3fty
54 ef- reeerel ef i:s
55 being
as --er-r-ei; ma
56 dir-eetet- ef- publie oiei-les
57 (1) An identifieatien plat, pr-epar-ed by an engineer er
58 land surveyer eeptified by the ee -It', 1-@
59 te a seale ef- net less than ene-
60 hundi-ed (209) f-eet and !-n f--'-ve
'es.
2
62 (2) The ntimber ef aeres that have been emeavated and
63 the number t
;4 (3) The number te be
65
66 (4) E)a en.
67 (5) Ordinanee er autherity un--E
68 is being ee
69 (6) i;ayae of- the ewner ef- the 1
70 (:7) ?;ame ef- the eper-ater- tien.
71 (8) Tepegraph-*-e seE
72 (b) Failtire 9 seetien.
73 shall epei-ate aiitefeatieally --e e& mit-
74 previeusiy cji-anted under
75 Sec. 30-19. Site inspection.
76 The department of public works shall periodically inspect the
77 sites of excavations for which permits are issued under this
78 article to insure that this article and other provisions, as
79 required by the city council, are being complied with.
80 Sec. 30-20. Fee for removal of material.
81 The owner or operator of each excavation in the city shall pay
82 to the city, semiannually, a fee of fourteen cents ($0.14) per
,3 cubic yard of material removed from the permitted site during the
84 Preceding semiannual period. The fee shall be based on loose
85 volume rather than bank volume. At the completion of each
86 semiannual period, the owner of such excavation shall cause to be
87 filed with the director of public works a statement certifying the
88 number of cubic yards of material removed from the area Permitted
89 si-te undergoing excavation during the preceding six (6) month
90 period, in order that the appropriate fee may be assessed by the
91 co=issioner of revenue. Cross-sections shall be required to be
92 submitted annually, prepared by a certified engineer or land
3 surveyor, unless waived by the department of public works.
3
94 Secs. 30-21, 30-22. Reserved.
4
95 Sas. 30 23. Pensing.
j6 WheL-e deemeel --------- -he direeter -- ------ wer-]ES, the
97 helder ef a permit issued under this artiele shall be require@
98 eieet a ehain linie type f-enee ar-eund lerimeter ef the at-ea te
99 be e3Eeavated gaeh fenee shall be ereeted te a
100 height ef si)E (6) feet an@- eneirele sueh
101 e3ceavatien. All Ejates and ether entr-anees shall be ]Eept lee!Eed--a-t-
102 all times when net in use.-
103 SOCS. 30-24 thr. 30-26. Reserved.
'1)4 Sec. 30-27. Slope of banks.
105 All slopes around the edge of excavated areas shall be left
106 with a slope no greater than three (3) feet horizontal to one foot
107 vertical, except that the director of public works may authorize a
108 slope of one foot horizontal to one foot vertical from a depth of
109 fourteen (14) feet below the elevation of the designed water
110 surface of borrow pits that will be excavated to a depth greater
ill than twenty (20) feet.
112 Sec. 30-28. Abandonment of pit.
113 No pit shall be abandoned unless the owner has requested a
-4 final inspection from the department of public works, has submitted
115 a final "as built" plat drawn by a certified engineer or land
116 surveyor and has received a final release, in writing, from the
117 director of public works, at which time the surety on the bond
118 filed pursuant to section 30-40 shall be released.
119 Sec. 30-29. Bottom of excavated area to be left in level state;
120 topsoil restoration and planting.
121 (a) The bottom of all excavated areas, inundated or
122 otherwise, shall be left in a level state regardless ef whether
123 inundated er net-.
5
124 (b) Topsoil restoration and planting shall be in conformance
125 with the City of Virginia Beach erosion and sediment control
@,6 requirements and specifications.
127 sec. 30-30. Incorporation of reaulations, etc.
128 The r)rovisions of Article 2 of Title 45.1 of the Code of
129 virginia, as amended, and of the Mineral Minincr Regulations,
130 Revegetation GUidelines and Drainage Handbook Dromulgated by the
131 virginia Department of Mines, Minerals and Energy, and any future
132 ainendments thereto, are hereby incorporated by reference into this
133 article, as if fully set forth herein.
134 Sec. 30-31 thr. 30-35. Reserved.
135 DIVISION 2. PERMIT.
136 Sea. 30-36. Required; conditional use permit prerequisite to
137 issuance.
138 (a) It shall be unlawful for any person to operate a borrow
139 pit without first obtaining an excavation permit from the
140 department of public works and a mining Permit from the Virginia
141 Department of Mines, Minerals and Energy.
142 (b) The department of public works shall not issue an
143 excavation permit for any proposed excavation for which a
i44 conditional use permit has not been granted by the city council.
145 BeC. 30-37. Application generally.
146 After approval by the city council of a conditional use permit
147 for a borrow pit, the owner of record shall cause to be filed with
148 the department of public works an application for an excavation
149 permit. The application fee shall be fifty dollars ($50.00). The
150 application shall include the following:
151 (1) The name and address of the owner of the property
152 affected.
6
153 (2) The names and addresses of owners of all property
154 abutting the property for which the excavation permit is
@5 sought.
156 (3) If the applicant or owner is a corporation, the names and
157 addresses of its corporate officers and registered agent.
158 (4) An aerial photograph of the area to be excavated, with
159 the boundaries of such area clearly delineated.
160 (5) A copy of the current recorded survey or plat, if
161 available, prepared by an engineer or land surveyor,
162 certified by the commonwealth, and drawn to a scale of
163 not less than one inch equals two hundred (200) feet,
164 submitted in five (5) copies.
1165 (6) The boundaries of the area to be excavated by courses and
166 distances.
167 (7) The current field topography, including the location of
168 all water courses.
169 (8) The means of vehicular access to the proposed excavation.
170 (9) A cross section of any banks or walls to be established
171 through the process of excavating.
172 (10) The number of cubic yards to be excavated.
173 (11) The areas proposed for the storage of overburden and
174 other spoil during the process of excavating.
175 (12) The proposed date on which excavating will commence, the
'6 proposed date on which the excavation will be completed
177 and the proposed date that all required restoration
178 measures are to be completed.
179 (13) The location of all haul roads leading to public streets
180 and highways within the area.
181 (14) A statement listing the public streets and highways to be
182 used as haul routes.
183 (15) The location of all test wells and depth of borings,
184 where required, which shall be within the setback
185 requirements of this article. The location of test wells
86 adjacent to residential areas shall be subject to
87 approval of the department of public works.
7
188 (16) An erosion and sedimentation control plan.
189 (17) A statement of the methods to be used to maintain or
0 repair any public street or highway to be used for
191 hauling purposes. The department of public works shall
192 determine the acceptability of the methods proposed by
193 the applicant and, if deemed necessary, shall require the
194 posting of a bond to insure against road damage due to
195 the hauling.
196 (18) A statement ce of the lecial ricfht of the
197 applicant to enter and conduct operations on the land
198 Proposed to be covered by the permit.
199 @(19) A copy of the minina nermit issued by the Virginia
100 Department of Mines, Minera.1s and Energy.
201 Sea. 30-38. Restoration plan to accompany application.
202 Each application for a permit under this division shall be
203 accompanied by a plan for the restoration of excavated areas. Such
204 plan shall include the following elements:
205 (1) General plan for restoration. A general land use plan
206 for the parcel of property wherein the excavation will be
207 conducted shall be prepared. This plan shall be in the
208 form of an overlay for the aerial photograph required by
2 09 section 30-37. It shall show the areas to be left in an
.0 inundated state, the proposed pattern of land use around
211 inundated areas and all areas where supplementary
212 planting is to be carried out.
213 (2) Restoration contour plat. A restoration contour plat
214 shall be prepared on the same basis as the identification
215 plat required by section 30-37. It shall show the
16 proposed topography of the parcel of land that will be
17 excavated for a distance of at least two hundred (200)
18 feet from the edge of all excavated areas or to all
19 external property lines that are within two hundred (200)
20 f eet of such area. Such contour plat shall have a
21 contour interval of two (2) feet or less.
8
222 (3) Description of restoration methods for renewal of topsoil
223 and replanting. A description of the methods and
,4 materials proposed for restoration of all areas that are
225 not inundated shall be submitted. It shall specify the
226 amount and type of planting, the depth to which topsoil
227 is to be spread and the amount of fertilizer to be
228 applied.
229 (4) Any other information rec[uired by the Mineral Minincr
230 Regulations promulgated by the Vircrinia Department of
231 Mines, Minerals and Energy.
232 Sec. 30-39. Reserved.
233 Sec. 30-40. Applicant's bond.
234 (a) After review and approval of an application for a permit
235 under this division, the owner of record of the premises involved
236 shall cause to be filed with the department of public works a
237 surety bond issued by a duly licensed bonding company authorized to
238 do business in the state. Such bond shall be conditioned on
239 faithful compliance with the requirements of this article and shall
240 be in an the amount of ne:t mer-e tha-m one thousand dollars
241 ($1,000.00) ner less than five hundred dellars ($599.09) for each
242 acre or part thereof of the permitted site to be e)EeavateEl
disturbed.
244 (b) The amount of the bond, within the limits prescribed in
245 subsection (a) above shall be based on costs associated with an
246 approved restoration plan, as required by this division.
247 (c) Upon acceptance of the bond provided for in this section
248 by the department of public works, the owner shall be exempt from
249 posting any bond for erosion and sedimentation control in
250 connection with the operation covered by the bond, but shall not be
251 exempt from submitting an erosion and sedimentation control plan,
252 as required by this chapter.
253 (d) The bond provided for in this section shall be filed
254 prior to the issuance of an excavation permit under this division.
9
255 SUch bond shall not be released until all provisions of this
256 article are complied with.
257 Sec. 30-41. Issuance.
258 After the filing and acceptance of the bond provided for in
259 section 30-40, the director of public works shall notify the city
260 engineer, in writing, to issue the excavation permit and cause
261 surveillance of the work as it is performed.
262 See. 30-42. Transfer.
263 No permit issued under this division shall be transferred to
264 another person without approval by the department of public works.
-C)5 Such approval shall be granted in the same manner as for original
266 applications for permits.
267 Sec. 30-43. Voidance when conditional use permit becomes void.
268 In the event that the conditional use permit becomes void
269 before being activated, as provided in section 229(g) 221 of the
270 Gemprehensive citv Zoning Ordinance, the excavation permit issued
271 under this division shall also become void.
272 Sec. 30-44. Expiration; extension.
273 An excavation permit henceforth issued under this division
;4 shall expire f-ive (5) one (1) years from the date of issuance.
275 Excavation permit r to the date of adoption of this
76 ordina.nce shall exdire one vear from the date of adoption of this
77 ordinance. if the Th-e holder of the permit has net emeeeded the
78 quantities authelised by the per-mit, he may hereaf ter apply
79 annually to the department of public works for an e)ftensien ef-
80 time, a renewal of the permit by providing the following
81 information:
82 (1) A renewal ma eeting the reguirements of the Mineral
83 Mining Regulations of the Department of Mines, Minerals
84 and Enerqv or. if there have been no chanaes in the area
10
285 covere
286 such effect.
,7 +-l+ (2) Cross sections submitted by an engineer or land
288 surveyor, certified by the coramonwealth, showing
289 the amount of excavation from the borrow pit.
290 +2+ (3) verification from the commissioner of revenue that
291 the owner of the property has paid f ees f or
292 material previously excavated.
293 Secs. 30-45 thr. 30-55. Reserved.
'94 Adopted by the City Council of the City of Virginia Beach on
295 the - day of 1992.
296 CA-91-4524
297 \wmordres\30-16et.orn
298 R-2
- 19 -
Item III-G.3 a.b.d
CONSENT AGENDA ITEM # 35543
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia:
Section 6-3 re playing ball, using frisbee, etc.,
on beach.
Sections 6-12 and 6-112; REPEALING Section 6-22, re
beaches, boats and waterways.
Section 7-57 re bicycles and mopeds.
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 Absent:
Robert W. Clyburn
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-3 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO PLAYING
5 BALL, USING FRISBEE, ETC. ON
6 BEACH
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-3 of the Code of the City of Virginia Beach,
10 virginia, is hereby amended and reordained to read as follows:
11 Section 6-3. Playing ball, using frisbee, etc., on beach.
12 (a) It shall be unlawful for any person to engage in ball
13 playing or the use of a frisbee or any activity of like kind which
14 may endanger the safety of others on the sand beach, the boardwalk
15 and the grassy area west of the boardwalk to the property lines
16 from Camp Pendleton on the south to 42nd Street on the north from
17 10:00 a.m. to 4:00 p.m. weekdays and 10:00 a.m. to 6:00 p.m.
18 weekends and holidays from Memorial Day Weekend through Labor Day
19 Weekend of each year. For the sand beach area between camp
20 Pendleton and Rudee Inlet, known as Croatan Beach, this section
21 shall apply only on weekends and holidays 10:00 a.m. to 6:00 p.m.
22 and shall not apply to the areas on Croatan Beach as referenced in
23 paragraph (b) below.
24 (b) For purposes of this section, Memorial Day Weekend shall
25 be deemed to commence at 6:00 p.m. the Friday before Memorial Day
26 and Labor Day Weekend shall be deemed to end at 6:00 p.m. Labor
27 Day.
28 (c) The city manager or his designee is authorized to
29 designate areas locations within the sand beach ef Greatan --eaeh
30 area set forth in subsection (a) of this section where activities
31 such as playing ball or using a frisbee or any activity of like
32 kind may be allowed. Such areas shall be designated with
33 appropriate markers.
34 Adopted by the Council of the City of Virginia Beach, Virginia
35 on the 28th day of 1992.
36 CA-4562
37 \ordin\proposed\06-003.pro
38 R-1
SIGNATURE
C,+
DEPARTMENT
APPROVED AS TO LEGAI
SUF
Cl* A7TORNEY
2
DtA@tMit4;
@PPROVED AS To LEGAL
1 AN ORDINANCE TO AMEND AND "ICY A
2 REORDAIN SECTIONS 6-12 AND 6-112
3 AND REPEAL SECTION 6-22 OF THE
4 CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO
6 BEACHES, BOATS AND WATERWAYS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 6-12, 6-22 and 6-122 of the Code of the City of
10 Virginia Beach, Virginia, are hereby amended and reordained to read
11 as follows:
2 Section 6-12. Riding horses or.driving vehicles on beach or
13 dunes.
14 (a) It shall be unlawful for any person to ride a horse or
is any other animal or to operate or drive a vehicle of any kind on
16 the public beaches or upon the sand dunes within the city, except
17 that area between the ocean and sand dunes south of the exit ramp
18 at the southern end of Little Island Recreation Park (now being
19 used as a public way to commute back and forth to a place of
20 residence).
21 (b) 'Pthe
22 police mounted patrol, city vehicles operated while cleaning
'3 or working on the beach, @ police and emergency vehicles,
24 erosion commission vehicles- vehicles of net fishermen
25 operating under proper permits, the-
26 0 hicles operated by physically
2r-ve
27 handicannprl no ... s
28
29
30
31
32
33
,4
35 Section 6-112. Designation of channel lines; mooring or
36 anchoring within the marked channels.
@7 (a) The city manager is authorized to establish channel lines
38 in those waters within the city not so regulated by any agency of
39 the United States or the commonwealth. Areas so designated shall
40 be marked with markers approved by state or federal agencies having
41 authority to give approval on request of the city manager.
42 (b) It shall be unlawful for any person, except in case of
43 emergency, to moor or anchor any boat or vessel or to obstuct or
44 within any mar-ked channel
45
n the
46 ity.
7 Adopted by the Council of the city of virginia Beach, Virginia
48 on the 8th day of 1992.
49 CA-4457
50 \ordin\proposed\06-012et.pro
51 R-7
2
Sl@IATU,.I'
.,T Nr
A P C) @'rl- D ' -, @-@ T '. " 'L 'CGAL
1 AN ORDINANCE TO AMEND AND C, Al@
2 REORDAIN SECTION 7-57 OF THE
3 CODE OF THE CITY OF
4 VIRGINIA CIT'@
BEACH, VIRGINIA, PERTAINING TO
5 BICYCLES AND MOPEDS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 7-57 of the Code of the city of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 7-57. Riding on sidewalks.
11 (a) It shall be unlawful for any person to ride a moped on
.L2 any sidewalk or designated bicycle route within the city.
13 (b) It shall be unlawful for any person to ride a bicycle on
14 any sidewalk of Atlantic Avenue from Rudee Inlet to 42nd Street
15 during the season from 6:00 p.m. on the Friday
16
Bicycle riding
17 is otherwise permitted on the sidewalks of the city, subject to the
18 provisions of this section and section 6-9 of this code.
19 (c) The prohibition regarding bicycles contained in this
20 section shall not apply to any person who is handicapped and who
21 has a city number plate or tag for the handicapped, issued pursuant
12 to article II of this chapter, attached to his bicycle to an
23
al
24 uties.
25 (d) In locations where the riding of bicycles on sidewalks o,
26 crosswalks is not prohibited:
27 (1) A person riding a bicycle upon and along a sidewalk, or across
28 a roadway upon and along a crosswalk, shall yield the right-
29 of-way to any pedestrian, shall give an audible signal before
30 overtaking and passing such pedestrian, and shall dismount and
31 walk the bicycle when necessary to avoid physical contact with
32 any person; and
33 (2) A Person riding a bicycle upon and along a sidewalk, or across
34 a roadway upon and along a crosswalk, shall have all rights
3 and duties of a pedestrian under the same circumstances.
36 (e) A violation of this section shall constitute a traffic
37 infraction punishable by a fine of not less than five dollars
38 ($5.00) nor more than twenty-five dollars ($25.00).
39 Adopted by the Council of the City of Virginia Beach, virginia
40 on the day of 1992.
41 CA-4242
42 \ordin\proposed\07-057.pro
43 R-2
2
- 20 -
Item III-G.3 c.
CONSENT AGENDA ITEM # 35544
Mark Hamilton, 544 Vanderbilt Avenue, Phone: 422-1238, requested this
amendment include an area for access for citizens.
Mike Kelly, Post Office Box 5185, Phone: 496-2325, represented the Tidewater
Personal Watercraft Club, and requested private personal watercraft owners be
allocated a portion of the resort beach for their recreational use.
David P. Gaskins, 2013 Barnet Court, Phone: 468-8895, President of the Beach
Automotive Service Center, local liaison for the International Jet a,d Sport,
Boating Association and promoter of the local jet ski races. Mr. Gaskins
requested private personal watercraft owners be allocated a portion of the
resort beach for their recreational use.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, AS REVISED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia:
Section 6-114 re launching, landing, parking or
stationing recreational vessels in certain areas.
A status report on the monitoring of this operation will be presented to City
Council.
The City Staff will investigate the possibility of allocating a portion of the
beach for private personal watercraft owners.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Paul J. Lanteigne and Reba S.
McClanan
Council Members Absent:
Robert W. Clyburn
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-114 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNTIL OF THE CITY OF VIRGINIA
7 BF.ACH, VIRGINIA:
a That Section 6-114 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 6-114. Restrictions on launching, landing, parking or
11 stationing recreational vessels in certain areas.
12 (a) It shall be unlawful for any person to launch or land a
13 sailboat, motor boat, motorized pe raft, canoe, row-
14 boat, flatboat, kayak, umiak, scull or any other similar recrea-
15 tional vessel on the beach area north of Rudee Inlet to the center
16 line of 42nd Street prolongated eastward, between Memorial Day
17 Weekend and Labor Day Weekend between the hours of 10:00 a.m. and
18 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and hol-
19 idays. The Provisions-of this subsection sha icable to
20 any Person who is awarded a contract. based upon competitive nro-
21 curement Principles, to conduct an olperation for the rental of des-
22 ignated recr-ational vesse@s.) or to any person who rents a vessel
23 from an auth oderator Drovided the vessel(s) so rented
24 is launched -r landed within the area designated in such contract.
25 For purposes of this section, memorial Day Weekend shall be deemed
26 to commence at 6:00 p.m. the Friday before Memorial Day and Labor
27 Day Weekend shall be deemed to end at 6:00 p.m. Labor Day.
28 (b) It shall be unlawful for any person to park or station a
29 sailboat, motor boat, motorized personal watercraft, canoe,
30 rowboat, flatboat, kayak, umiak, scull or other similar
31 recreational vessel on the beach area north of Rudee Inlet to the
32 center line of 42nd Street prolongated eastward, with the following
33 exceptions:
34 (1) In an emergency;
35 (2) With an approved race or regatta permit;
36 (3) In the process of launching or landing a vessel specified
37 above in the areas and during the time periods permitted
38 in subsection (a) of this section.; or
39 (4) Pursuant to a contract awarded in accordance with the
40 Provisions of subsection (a) of this section.
41 (c) It shall be unlawful for any person to launch, land, park
42 or station a motor boat or motorized personal watercraft on the
43 beach between the area north of the center line of 42nd Street
44 prolongated eastward and the southern boundary line of Fort Story,
45 except in an emergency or with an approved race or regatta permit.
46 (d) It shall be unlawful for any person to launch, land, park
47 or station a sailboat on the beach between the area north of the
48 center line of 42nd Street prolongated eastward and the southern
49 boundary line of Fort Story without a permit from the city manager,
50 with the following exceptions:
51 (1) In an emergency; or
52 (2) With an approved race or regatta permit.
53 (e) Permits will be issued by the City manager for sailboats
54 to be launched, landed, parked or stationed on the beach between
55 the area north of the center line of 42nd Street prolongated
56 eastward and the southern boundary line of Fort Story under the
57 following conditions:
58 (1) The permit to be issued on a first come first serve basis
59 subject to subsections (i) and (j) of this section.
60 (2) The city raanager shall limit the number of permits to
61 four (4) sailboats per block between the area north of
62 the center line of 42nd Street prolongated eastward and
63 the center line of 57th Street prolongated eastward;
64 seven (7) sailboats per block between the area north of
65 the center line of 57th Street prolongated eastward and
66 the center line of 77th Street prolongated eastward, and
67 twelve (12) sailboats per block between the area north of
68 the center line of 77th Street prolongated eastward to
69 the southern boundary line of Fort Story.
2
70 (3) A sailboat having a valid permit under this subsection
71 may be launched, landed, parked or stationed on the beach
72 area in front of any block between 42nd Street and Fort
73 Story as long as the maximum number, as set forth in (2)
74 above is not exceeded. If the maximum number as set
75 forth in (2) above is exceeded, then the sailboat that
76 does not have a permit for that particular block shall be
77 in violation of this section.
78 (4) Permits are valid only for the month of March through the
79 month of October f or the year in which the permit was
80 issued.
al (5) Permits must be renewed annually.
82 (6) The annual permit fee shall be thirty dollars ($30.00)
83 for residents of the city and ninety dollars ($90.00) for
84 nonresidents. The city manager is authorized to
85 establish dates of issuance for such permits for
86 residents and nonresidents.
87 (7) There shall be no parking or stationing of sailboats on
88 the sand dunes or in front of access points or street
89 ends.
90 (8) No anchors shall be driven in the beach to secure
91 sailboats, unless approved by the director of the
92 department of public works as to type, size and location.
93 (9) No sailboats shall be secured to lawful fixtures or
94 structures on the beach.
95 (10) The permits shall be placed on the outside port (left)
96 bow of the sailboat.
97 (11) Permits are nontransferable.
98 (f) It shall be unlawful for any person to launch or land any
99 motor boat, motorized personal watercraft or any other motorized
100 recreational vessel on the beaches etending south of Fleet Combat
101 Training center Dam Neck to the southern boundary of Little Island
102 Park, or on the beaches south of Rudee Inlet to the northern
103 boundary of Camp Pendleton Military Reservation, during the season
104 from 6:00 p.m. on the Friday before Memorial Day Weekend through
3
105 6:00 p.m. on the Monday following Labor Day Weekend, between the
106 hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00
107 p.m. weekends and holidays, except as hereafter provided:
108 (1) Water craft may be launched or landed in an emergency or
109 for law enforcement purposes.
110 (2) Water craft may be launched and landed at any time from
ill the beach commencing at the southern boundary of Little
112 Island Park, extending four hundred (400) feet north.
113 (3) Commercial fishing boats operating from the beaches by
114 permission of the virginia DiVision of Parks and
115 Recreation shall be exempt f rom the restrictions of this
116 article.
117 (g) Any police off icer of the City of Virginia Beach is
118 hereby authorized to remove and impound or have removed and
119 impounded any vessel which appears to be in violation of this
120 section or which is lost, stolen, abandoned or unclaimed. In
121 addition to the fine imposed for a violation of this section, such
122 vessel shall be removed and impounded at the owner's expense until
123 lawfully claimed or disposed of.
124 (h) Any person who shall violate any of the provisions of
125 this section shall be guilty of a Class 4 misdemeanor.
126 (i) If any person holding a permit under this section has
127 three (3) or more convictions, or findings of not innocent in the
128 case of a juvenile, of violating this section or section 6-115
129 within the permit period, the city manager shall revoke that
130 person's permit. That person shall not be eligible for another
131 permit for the same permit period.
132 (j) Any person who has six (6) or more convictions, or
133 findings of not innocent in the case of a juvenile, of violating
134 this section or section 6-115 within any two (2) year period shall
135 not be issued a permit by the city manager under this section for
136 the next two (2) years.
4
137 Adopted by the Council of the City of Virginia Beach, Virginia
138 on the 28th day of April, 1992.
139 CA-4563
140 \ordin\proposed\06-114.pro
141 R-4
5
- 21 -
Item III-G.4.
CONSENT AGENDA ITEM # 35545
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to APPROPRIATE $175,400 from the
Commonwealth of Virginia Department of Corrections
to the FY 1991-1992 Community Corrections Budget re
the Community Diversion Initiative Grant Program;
and, the total appropriation be offset by $175,400
increase in estimated revenues from the
Commonwealth.
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 Absent:
Robert W. Clyburn
AN ORDINANCE TO APPROPRIATE $175,400 TO THE FY 1991-92
COMMUNITY CORRECTIONS BUDGET FROM THE COMMONWEALTH OF
VIRGINIA DEPARTMENT OF CORRECTIONS FOR THE COMMUNITY
DIVERSION INITIATIVE GRANT PROGRAM
1 WHEREAS, the Office of Communfty Corrections operates the Communfty Diversion Initiative
2 (CDI) Grant which uses stale block grant funds to divert misdemeanants and felons from incarnation through
3 counseling and treatment programs;
4
5 WHEREAS, this program Is reimbursed by the Slate Department of Corrections based on the
6 number of clients served from the General District and Circuft Courts and wfth the increasing number of cases
7 heard in these courts the number of cases handied by the CDI program has Increased by 145 misdomeanants, 3
8 local offenders and 9 state offenders;
9
10 WHEREAS, the addftional cases handled by the program resufted in an increase of $81,900 In
1 1 state block grant funds, In addftlon the Department of Corrections ailowed the program to carryover from FY 1991
12 an addftional $93,500 in state funds;
13
14 WHEREAS, this program requires no local matching funds.
is
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA, that $175,400 be appropriated in the FY 1991-92 Communfty Corrections Operating Budget to
18 reflect the increase in state funding.
19
20 BE IT FURTHER ORDAINED, that the FY 1991-92 estimated Revenue from the Commonweafth be
21 increased by $175,400.
22
23 Adopted by Ihe Cfty Council of the Cfty of Virginia Beach, Virginia on this day
24 April ?8th 1992.
A P P
LEGAL
i",
:c
APPROVEDAS
F! C. ER, JR.
OFMCE OF BUE)GET AND EVALUATION
- 22 -
Item III-G.5.
CONSENT AGENDA ITEM # 35546
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $2,860 Grants
from the Department of Motor Vehicles to the FY
1991-1992 Police Department Budget re acquisition
of a moving radar unit and to reimburse overtime;
and, the total appropriation be offset by $2,860
increase in estimated revenues from the
Commonwealth.
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 Absent:
Robert W. Clyburn
AN ORDINANCE TO ACCEPT AND APPROPRXATE A $2,860 GRANT FROM THE
DEPART14ENT OF NOTOR VEHICLES TO THE FY 1991-92 POLICE DEPAR@ BUDGET
FOR THE ACQUISITION OF A MOVING RADAR UNIT AND TO REIMBURSE THE
DEPARTMENT FOR OVER TIME WAGES USED IN SELECTIVE ENFORCEMENT ACTIVITIES
1 WHEREAS, the Police Department has been awarded two mini-grants from
2 the Department Of Motor Vehicles: the f irbt, in the amount of $1,420 is for the
3 purchabe of a 'moving radar unit" which can be mounted to motorcycles and used
4 while the motorcycle iB in motion; and the second, in the amount of $1,440 is for
5 reimbursement of approximately 60 hours of overtime used in enforcement
6 activities relating to the "motor carrier safety unit" which conducts safety
7 inspections on motor carriers and hazardous materials vehicles;
8 WHEREAS, no City match is required.
9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA, that two Department of Motor Vehicles grants totaling
11 $2,860 be accepted and appropriated for the purpose of purchasing a Moving Radar
12 Unit ($1,420) and to reimburbe overtime related to the Motor Carrier Safety Unit
13 program ($1,440).
14 BE IT FURTHER ORDAINED, that estimated revenue from the Conunonwealth
15 be increased by $2,860.
16 Adopted by the City Council of the City of Virginia Beach, Virginia
17 on this day April 28th 1992.
APPA
WAL:
OFFICE OF UATION
- 23 -
Item III-G.6.
CONSENT AGENDA ITEM # 35547
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $700 Grant
from the Department of Motor Vehicles to the FY
1991-1992 Police Department Budget re acquisition
of Federal Regulations involved in Motor Carrier
Safety; and, the total appropriation be offset by
$700 increase in estimated revenues from the
Commonwealth.
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 Absent:
Robert W. Clyburn
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $700 GRANT FROM THE DEPARTMENT
OF MOTOR VEHICLES TO THE FY 1991-92 POLICE DEPARTMENT BUDGET FOR
THE ACQUISITION OF THE FEDERAL REGULATIONS ON MOTOR CARRIER SAFETY
1 WHEREAS, the Police Department has been awarded a mini-grant from the
2 Department of Motor Vehicles for the purchase of copies of the Federal
3 RegulationB involved in safety inspectionb of motor Carrier Safety;
4 WHEREAS, no City match iB required.
5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA, that a Department of Motor Vehicles grant totaling $700
7 be accepted and appropriated for the purpose of purc.hasing a Federal Regulations
8 involved in Motor Carrier Safety.
9 BE IT FURTHER ORDAINED, that estimated revenue from the Commonwealth
10 be increased by $700.
11 Adopted by the City Council of the City of Virginia Beach, Virginia
12 on this day 28th April 1992.
L
R-C. KRA@, JR.
OFRCE OF BUDGET AND EVALUATION
- 24 -
Item III-G.7.
CONSENT AGENDA ITEM # 35548
Jean Siebert, 601 Sandbridge Road, Phone: 428-4412, spoke in support of the
repair of all the stairways and more expediently because of economic
ramifications at Sandbridge Road. Statement of Mrs. Seibert is hereby made a
part of the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to TRANSFER $30,000 within Department of
General Services 1991-1992 Operating Budget re
construction contract for stairways at Sandbridge
Beach.
As per request of City Council, all of the
stairways shall be bid by the process of a base bid
plus an additive bid for the rest. If funds
exceeding $10,000 are needed to replace all the
stairways, this item will be returned to City
Council. One set of stairs will not be rebuilt
because of a damaged bulkhead.
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 Absent:
Robert W. Clyburn
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $30,000 WITHIN THE GENERAL SERVICES DEPARTMENT TO FUND
3 CONSTRUCTION CONTRACTS FOR STAIRWAYS AT
4 SANDBRIDGE BEACH
5
6
7 WHEREAS, five public access stairways at Sandbridge Beach were damaged
8 or destroyed by storms during the fall and winter of 1991 and 1992;
9 WHEREAS, a design for the replacement of stairways has been completed
10 and the engineer eatimateb replacement costs to be approximately $30,000;
11 WHEREAS, funds have been identified within the Department of General
12 ServiceB, Building Maintenance Division FY 1991-92 Operating Budget to fund the
13 construction contract for the stairways;
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That funds in the amount of $30,000 be transferred within the Department
17 of General Services FY 1991-92 Operating Budget to fund the construction
18 contract for stairways at Sandbridge Beach;
19 This ordinance shall be in effect from the date of its adoption.
20 Adopted by the Council of the City of Virginia Beach, virginia on the
21 28th day of April 1992.
WALTER C. K@ER. JR.
OrFlOE OF RUDGER AND EVALUATION
- 25 -
Item 111-G.B.
CONSENT AGENDA ITEM # 35549
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council ADOPTED:
Ordinance granting tranchises re operation of open
air cafes in Resort District.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Lou is 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:
Robert W. Clyburn
*Councilwoman Parker ABSTAINED on portions of Item G-8, as the following are
business clients: (1) Barclay Restaurant Corporation (t/a London Pavilion
Restaurant and Lounge); (3) Colonial Inn, Inc. (T/A Cary's Restaurant); (12)
Triton Towers Associates L.P. (t/a Waters Edge Cafe); and (13) Seashore
Mangement, Ltd. (t/a Laverne's Restaurant).
I AN ORDINANCE GRANTING FRANCHISES FOR THE
2 OPERATION OF OPEN AIR CAFTS IN THE RESORT
3 AREA
4 WHEREAS, each of the following corporations/companies
5 (hereinafter referred to as "Grantees") has requested renewal of
6 its respective franchise for the operation of an open air caf& at
7 the location indicated herein:
8 (1) Barclay Restaurant Corporation (t/a London Pavilion
9 Restaurant and Lounge)
10 809 AtlantiC Avenue
11 Virginia Beach, Virginia 23451
12 (2) Atlantic Resort Associates (t/a Best Western
13 oceanfront/Beach Cabaret)
14 1101 Atlantic Avenue
15 Virginia Beach, Virginia 23451
16 (3) Colonial Inn, Inc. (t/a Cary's Restaurant)
17 2809 Atlantic Avenue
18 Virginia Beach, Virginia 23451
19 (4) Ocean Ranch Motel Corporation (t/a Days Inn
20 Oceanfront/Happy Days Caf6)
21 3107 Atlantic Avenue
22 Virginia Beach, Virginia 23451
23 (5) HWC Investment, Inc. (t/a Four Sails/Ellington's)
24 3301 Atlantic Avenue
25 Virginia Beach, Virginia 23451
26 (6) Oceanside Investment Associates (t/a Holiday Inn
27 Oceanfront)
i8 2105 Atlantic Avenue
29 Virginia Beach, Virginia 23451
30 (7) Island Republic, Inc. (t/a Island Republic
31 Restaurant)
32 1905 Atlantic Avenue
33 Virginia Beach, Virginia 23451
34 (8) Atlantic Enterprises, Inc. (t/a Oceanfront Inn/
35 Surfside Caf6)
36 2901 Atlantic Avenue
37 Virginia Beach, Virginia 23451
38 (9) Sandcastle Motel, Inc.
39 14th Street and Atlantic Avenue
40 Virginia Beach, Virginia 23451
41 (10) Sea Oaks Corporation (t/a Sea Gull Motel)
42 2613 Atlantic Avenue
43 Virginia Beach, Virginia 23451
14 (11) Beach Motel Corporation (t/a Thunderbird Motor
45 Lodge)
46 3410 Atlantic Avenue
47 Virginia Beach, Virginia 23451
48 (12) Triton ToWers Associates L.P- (t/a Waters Edge Caff)
49 2207 AtlantiC Avenue
50 virginia Beach, Virginia 23451
51 (13) Seashore Management, Ltd. (t/ a Laverne I s Restaurant)
52 701 Atlantic Avenue
53 Virginia Beach, Virginia 23451
54 (14) Bilmarr Enterprises, Inc. (t/a Abbey Road
55 Restaurant)
56 203 22nd Street
57 Virginia Beach, Virginia 23451
58 WHEREAS, the City has developed a Franchise Agreement for
59 the regulation of open air cafds which each of the above-listed
60 Grantees will be required to execute as a condition of franchise
61 renewal; and
62 WHEREAS, based on each Grantee's past successful
63 operation of an open air caf6, the Department of Convention and
i4 visitor Development has recommended the renewal of the several
65 franchises.
66 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
67 OF VIRGINIA BEACH, VIRGINIA:
68 That a Franchise is hereby granted to each of the above-
69 listed Grantees to operate an open air cafS at the address
70 indicated herein, from May 1, 1992, to April 30, 1997, conditioned
71 on each Grantee's execution of the above-referenced Franchise
72 Agreement and on each Grantee's compliance with the terms and
73 conditions thereof.
74 Adopted by the Council of the City of Virginia Beach,
75 Virginia, on the ?gfh day of Apri 1 1992.
76 CA-4640
77 FRANCHIS.ORD APPROY s CONTENTS
78 R-1 A TO
SIGNATUR
la,v. e.@/ @
DEPARTMENT
APPROVED AS TO LEGAL
SU'll7r
Cl ATTORNEY.
2
- 26 -
item 111-G.9.
CONSENT AGENDA ITEM # 35550
Upon motion by Vice Mayor Fentress, seconded by Counci I man Heischober, City
Council ADOPTED:
ordinance authorizing tax refunds in the amount of
$2,820.25 upon applicatlon of certain persons and
upon certification of the City Treasurer for
payment.
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. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Willlam
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
4/ 17/92 EMC
RM NO. C.A. 7
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 ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Wyoming Associates 92 RE(1/2) 128238-2 12/5/89 830.37
Diana Gavallas 92 RE(1/2) 41276-0 12/4/91 35.97
Jones Lemley & Carlson 92 RE(1/2) 94055-6 11/25/91 35.70
Stephen W & Grayce Carter 92 RE(1/2) 18728-2 12/3/91 40.88
The Kissell Company 92 RE(1/2) 76436-3 11/26/91 9.81
NationsBanc Mortgage Corp 92 RE(1/2) 19302-4 11/26/91 96.44
NationsBanc Mortgage Corp 91 RE(1/2) 19345-4 11/7/90 87.22
NationsBanc Mortgage Corp 91 RE(2/2) 19345-4 6/5/91 87.22
NationsBanc Mortgage Corp 90 RE(1/2) 19038-7 11/28/89 82.57
tionsBanc Mortgage Corp 90 RE(2/2) 19038-7 5/9/90 82.57
NationsBanc Mortgage Corp 89 RE(1/2) 18893-6 11/28/88 72.96
NationsBanc Mortgage Corp 89 RE(2/2) 18893-6 5/12/89 72.96
Joseph D. Rogers N/A Pkng 206987 2/27/92 10.00
Total 1,544.67
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
were approved by
the Council of the City of V n a
Beach on them-day of
reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
Le@
4/9/92 EMC
ORM NO. C.A. 7
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 ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Joe L & Barbara Frank 92 RE(1/2) 38854-6 12/4/91 25.90
Ameribanc Savings Bank 92 RE(1/2) 102443-8 11/26/91 220.73
Ameribanc Savings Bank 92 RE(1/2) 56200-9 11/26/91 27.90
Life Savings Bank 92 RE(1/2) 62597-8 12/5/91 72.92
Judy S Froman 92 RE(1/2) 39545-9 11/22/91 274.94
R N Assoc & Mohan H Goudar 92 RE(1/2) 52995-7 1/9/92 142.83
Life Savings Bank 92 RE(1/2) 121277-9 12/5/91 26.51
Henry I & Thelma Martin 92 RE(1/2) 71944-9 12/4/91 14.79
John R Potter et al 92 RE(1/2) 91730-5 3/20/92 10.41
.ihn R Potter et al 92 RE(1/2) 91732-3 3/20/92 16.75
-ore H & Bernard Silverberg 92 RE(1/2) 68749-2 3/16/92 84.84
Alfred T Jr & Daphne Wilkins 92 RE(1/2) 124632-3 3/25/92 94.68
Henry I&Thelma Martin 91 RE(1/2) 71348-2 11/6/90 14.01
Henry I&Thelma Martin 91 RE(2/2) 71348-2 6/5/91 14.01
Henry I&Thelma Martin 90 RE(1/2) 70168-2 12/1/89 13.26
Henry I&Thelma Martin 90 RE(2/2) 70168-2 6/4/90 13.26
Henry I&Thelma Martin 89 RE(1/2) 69039-4 12/1/88 12.42
Henry I&Thelma Martin 89 RE(2/2) 69039-4 5/11/89 12.42
John S Floyd 89 RE(1/2) 36199-9 11/28/88 91.50
John SFloyd 89 RE(2/2) 36199-9 6/5/89 91.50
Total 1,275.58
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
were approved by
the Council City of Virlinia
O'Mday of
Beach on the- Pori
Approved as to form:
Ruth Hodges Smith
City Clerk
- 27 -
Item 111-1-H-1/2
PUBLIC HEARING ITEM # 35551
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) AUBREY V. AND EMILY W. WATTS CHANGE OF ZONING
(b) CITY OF REFUGE CHRISTIAN CHURCH MODIFICATION TO A LAND USE PLAN
OF VIRGINIA
(c) SITE PLAN ORDINANCE AMEND AND REORDAIN
Section 5.2 re on-site
pavement requirements
apartments and condominiums
PLANNING
(a) JEFFREY DAVID BEAVERS NONCONFORMING USE
(b) S.A.S. ASSOCIATES NONCONFORMING USE
(c) THE MOST REVEREND WALTER F. SULLIVAN CHANGE OF ZONING and
CONDITIONAL USE PERMIT
(d) BEACH BUNGEE, TRP ENTERPRISES, INC. CONDITIONAL USE PERMIT
(e) MASTER STREET AND HIGHWAY PLAN AMEND/DELETE
CONSTITUTION DRIVE FLYOVER
- 28 -
item 111-H.l.
PUBLIC HEARING ITEM # 35552
PLANNING BY CONSENT
Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City
Counci I APPROVED in ONE MOTION Items la, b and c of the PLANNING BY CONSENT
AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
29 -
Item
PUBLIC HEARING ITEM # 35553
PLANNING BY CONSENT
Upon motion by Counci man Heischober, seconded by Counci iman Sessoms, C!tY
Counci I ADOPTED an ordinance upon appl ication ot AUBREY V. AND EMILY W. WATTS
tor a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF AUBREY V. AND EMILY
W. WATTS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION Z04921346
BE 1T HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon appl ication ot Aubrey V. and Em! ly
W. Watts for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-15 Residential District on certain property
located on the west side ot Hol land Road, 116-66
teet south of First Settlers Avenue. The proposed
zoning classification change to R-15 Residential
District is for single family land use at a density
no greater than 2.25 dwel I ing units per acre. The
Comprehensive Plan recommends use of this parcel
for suburban medium density residential at
densities that are compati ble with single fami ly
use in accordance with other Plan pol icies. Said
parcel contains 38,768.4 square feet. PRINCESS ANNE
BOROUGH.
This Ordinance shal I be effective i n accordance with Section 107 (t) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the t -
e, hth of A r',l N ', n, ee tt ee ee nn HH uu nn (d, rr ee (d, aa nn da N, i n, e, t y-- T, w, o- .
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
- 30 -
Item 111-H.I.b.
PUBLIC HEARING ITEM # 35554
PLANNING BY CONSENT
Upon motion by Counci lman Heischober, seconded by Counci Iman Sessoms, City
Counci I ADOPTED an Ord i na n ce upon appl!cation of THE C[TY OF REFUGE CHR1ST I AN
CHURCH OF VIRGINIA for a Modification to a Land Use Plan for a church.
ORDINANCE UPON APPLICATION OF THE CITY OF REFUGE
CHRISTIAN CHURCH OF VIRGINIA FOR A MODIFICATION TO
A LAND USE PLAN FOR A CHURCH Z04921347
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The City of Refuge
Christian Church of Virginia tor a Modification to
a Land Use Plan for a church on certain property
located at 1917 South Independence Boulevard, Unit
5, Green Run Shoppes- Said parcel contains 1,440
square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. This request is approved for a period of two years.
2. A notarized agreement must be submitted which
identifies a shared parking plan for the church,
restaurants and comedy club to ensure adequate
parking will be available during peak periods and
all other time5. This agreement must be submitted
to the Planning Department prior to a Certificate
of occupancy being granted.
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 t -
h of April, Nineteen._ nd Ninety-Two.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., 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:
Robert W. Clyburn
STATEMENT OF CONSENT
CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA
APPLICANT:
APPLICATION: Modification to Land Use Plan -
1917 South independence Boulevard
Unit 5, Green Run Shoppes
(Kempsville Borough)
DESCRIPTION: Church
CITY COUNCIL SESSION: April 28, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
for the VIRGINIA BEACH PLANNING COMMISSION To THE VIRGINIA BEACH
RECOMMENDED BY THE ATE AS THEY APPLY To THE
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS D TY OF VIRGINIA
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE Cl
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. This request is approved for a period Of two (2) years.
2. A notarized agreement must be submitted which identifies a
shared parking plan tor the church, restaurants and comedy
club to ensure adequate parking wl I I be avai lable during
peak per 1 ods and a I I other t i mes. This agreement must be
submitted to the Planning Department prior to a Certificate
of Occupancy being granted.
Owner
By: Attorney Agent
Date,.
- 31 -
Item IIL-H-1-c-
PUBLIC HEARING ITEM # 35555
PLANNING BY CONSENT
Upon motion Councilman Heischober, seconded by Councilman Sessoms, city Council
ADOPTED:
Ordinance to A)4END and REORDAIN Section 5.2 of the
Site Plan ordinance re on-site pavement
requirements tor apartments and condominiums.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
D AS TO CONTENTS
APPR
I AN ORDINANCE TO AMEND AND REORDAIN
2 THE SITE PLAN ORDINANCE BY ADDING
3 THERETO SECTION 5.2 PERTAINING TO ON
4 SITE PAVEMENT REQUIREMENTS FOR
5 APARTMENTS AND CONDOMINIUMS
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA that the Site Plan Ordinance is hereby@ amended and
8 reordained by adding Section 5.2 as follows:
9 m and apartment
10 an
11 based ur)on s. at'. a t c
12 e e t d-v e
13 landowner sha
14
15
16 t s St.
17
is wer owe
19 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA on the 98th day of 1992
APPROVED AS 0
LE(3ALSUFFICIEfi,-y
57
- 32 -
I tem I I L-H. 2_a -
PUBLIC HEARING ITEM # 35556
PLANNING
Jettrey D. Beavers, 2304 Windward Shore Drive, Phone: 481-3909, the applicant
upon motion by Vice Mayor Fentress, seconded by Counci man Heisc hober, CitY
Council ADOPTED a Resolutlon upon application c)f JEFFREY DAVID BEAVERS for a
change to a nonconforming use.
Resolution authorizing the expansion of a
nonconforming use and structure located at 508 18th
Street, property of Jeffrey David Beavers.
Voting: 10@
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndc)rf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
AppROVED ikS TO CONTENTS
THE APPitOVED AS TO LEGAL
A RESOLUTION AUTHORIZING
I EXPANSION OF A NONCONFOR14ING UsE AND SUFFICIENCY AND FORM
2 STRUCTURE LOCATED AT 508 18th
3
4 STREET, PROPERTY OF JEFFREY DAVID ITY A ORNEY
5 BEAVERS.
6 WHEREAS, Jeffrey David Beavers (her6inafter the
7 IlApplicant") desires to raise the roof of the second floor unit of
8 an existing duplex to allow more head room, as shown on that
9 certain drawing attached hereto and made a part hereof as Exhibit
10 "All; and
11 WHEREAS, the present use does no.t conform to the
12 provisions of the City Zoning ordinance because a duplex is not
13 allowed in the RT-3 Resort Tourist District and the proposed change
14 to the roof on the nonconforming unit will prolong the life of the
15 nonconformity; and
16 WHEREAS, pursuant to Section 105(d) of the City's Zoning
17 Ordinance, City Council may authorize the enlargement or expansion
is of a nonconforming use if Council decides that the use as enlarged
19 or expanded is equally appropriate or more appropriate to the
20 zoning district than is the existing nonconformity.
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby finds that the expansion of the
'4 nonconforming "duplex" located at 508 18th Street, Virginia Beach,
25 Virginia, as shown on the attached Exhibit "All is equally
26 appropriate or more appropriate to the zoning district in which
27 same is located than is the existing nonconformity; and the City
28 Council hereby authorizes the raising of the roof on the duplex in
29 the manner shown on the attached Exhibit "A, " provided the
30 expansion of the use complies with all building, site plan and
31 other requirements of the City of Virginia Beach.
32 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
33 VIRG:ENIA ON THIs 28th DAY OF pril 1992.
34 CA-4642
I's ORDIN\NONCODE\BEAVERS.RES
36 R-2
- 33 -
Item 111-H.2.b.
PUBLIC HEARING ITEM # 35557
PLANNING
The following registered in SUPPORT of the application:
Bi II y Garrl ngton, 500 Wl nston Sal em #408, Phone: 428-4245
Jack Greenspoon, 1121 Treefern Drive, Phone: 491-0241, manager of adjacent
Day's Inn. Mr. Greenspoon referenced his concern relative parking.
The tollowing registered in OPPOSITION to the application:
Barbara Messner, 509-24th Street, Apartment #2, Phone: 422-1902
Upon motion by Vice Mayor Fentress, seconded by Counci lman Sessoms, City
Council ADOPTED a Resolution upon application of S.A.S. ASSOCIATES for a change
to a nonconforming use.
Resolution authorizing the conversion of a
nonconforming use and structure located at the
northeast corner of Atlantic Avenue and 31st
Street, property of S.A.S. Associates.
The following conditions shall be required:
1. Subject to a reevaluation of the appropriateness of
the use to the District in one year.
2. Skate Rentals shall be for only.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
APROVED - ASS TO CONTENTS
A"POVED AS TO LEGAL
1 A RESOLUTION AUTHORIZING THE
2 CONVERSION OF A NONCONFORMING USE SUFFICIENCY AND FORM
3 AND STRUCTURE LOCATED AT THE NORTH- 31@
4 EAST CORNER OF ATLANTIC AVENUE AND F-ITY, ATTORNEY
5 31ST STREET, PROPERTY OF S.A.S.
6 ASSOCIATES
7 WHEREAS, S.A.S. ASsociates (hereinafter the "Applicant") owns
a a one-story structure containing approximately 17,792 square feet
9 at the northeast corner of Atlantic Avenue and 31st Street.
10 Recently, the building has been used for indoor recreation (i.e.,
11 pinball, video ga-mes), retail sales and a snack shop. it is the
12 applicant's proposal to utilize the structure, excluding the snack
13 shop area, for an indoor roller blade arena and pinball/video
.4 games; and
15 WHEREAS, the past and proposed uses do not conform to the
16 provisions of the city zoning ordinance because commercial
17 recreational facilities are nonconforming uses in the RT-1 Resort
18 TouriSt District; and
19 WHEREAS, pursuant to Section 105(e) of the City's Zoning
20 Ordinance, City Council may authorize the conversion of a
21 nonconforming use if council decides that the use as converted is
22 equally appropriate or more appropriate to the zoning district than
23 is the existing nonconformity.
24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That City Council hereby finds that the proposed
27 conversion of the nonconforming use for the 17,792 square foot
28 structure at the northeast corner of Atlantic Avenue and 31st
29 street is equally appropriate or more appropriate to the zoning
30 district in which same is located than is the existing
31 nonconformity; and the City Council hereby authorizes the
32 utilization of the structure, excluding the snack shop area, for an
33 indoor roller blade arena and pinball/video games, provided the
34 conversion of the use complies with all building, site plan and
15 other requirements of the City of Virginia Beach.
36 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA
37 BEACH, VIRGINIA ON THIS 28th DAY Or AQril 1992.
38 CA-4641
39 ORDIN\NONCODE\S.A.S.RES
- 34 -
Item 111-H.2.c.
PUBLIC HEARING 1TEM # 35558
PLANNING
Altred Ablouness, 4505 Colley Avenue, Phone: 489-7040, represented the
applicant
Tuck Bowie, represented the land owner
Upon motion by Counci iman Heischober, seconded Vice Mayor Fentress, CitY
Counci I ADOPTED ordinances upon appl ication of THE MOST REVEREND WALTER F.
SULLIVAN, Bishop of the Diocese of Richmond.
ORDINANCE UPON APPLICATION OF THE MOST REVEREND
WALTER F. SULLIVAN, BISHOP OF THE DIOCESE OF
RICHMOND FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM PD-HI TO R-10 Z04921348
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
ordinance upon app I ication of The Most Reverend
Walter F. Sullivan, Bishop of the Diocese ot
Richmond tor a Change of Zoning District
Classification from PD-HI Planned Unit Development
District to R-10 Residential District on certain
property located on the east side of Princess Anne
Road, 1300 feet more or less south of Green Meadows
Drive. The proposed zoning classification change to
R-10 Residential District is for single tamily
residential land use at a density no greater than 3
dwelling units per acre. The Comprehensive Plan
recommends use ot this parcel for suburban medium
density residential at densities that are
compatible with single family use in accordance
with other plan policies. Said parcel contains 15
acres. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF THE MOST REVEREND
WALTER F. SULLIVAN, BISHOP OF THE DIOCESE OF
RICHMOND FOR A CONDITIONAL USE PERMIT FOR A
CATHOLIC HIGH SCHOOL R04921422
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Most Reverend
Walter F. Sullivan, Bishop of the Diocese of
Richmond for a Conditional Use Permit tor a
catholic high school on certain property located on
the east side of Princess Anne Road, 1300 feet more
or less south of Green Meadows Drive. Said parcel
contains 15 acres. KEMPSVILLE BOROUGH.
- 35 -
it.. 111-H.2-C.
PUBLIC HEARING ITEM # 35558 (Continued)
PLANNING
The tollowing conditions shall be required:
1.A Best Management Practice facility must be
provided in accordance with the Stormwater
Management Ordinance.
2. Right and left turn lanes w! I I be required at the
entrance to the school.
3. A one foot no i ngress/egress easement shal I be
provided along Princess Anne Road, except at the
approved entrance.
4. The Brenneman Farm Land Use Plan Is hereby amended
to delete the 15 acres rezoned to R-10 from the
total acres available for townhouse development.
Total acreage for townhouse development will be
reduced from 31.7 acres to 16.7 acres and the
number of townhouse units wil I be reduced from 285
to 150.
5. An undulating berm with landscaping must be
provided adjacent to Princess Anne Road.
6. Category 11 screening is required along the
Northern property line adjacent to the existing
residential neighborhood.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council ot the City of Virginia Beach, Virginia, on the Twenty-
d Nlnel, -,wo.
hth f A rll W,,,.teen H.,,dred and Ninety-Two..
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
- 36 -
Item iii-H.2.d
PUBLIC HEARING ITEM # 35559
PLANNING
The following spoke in SUPPORT of the application:
Reid Pocock, 528 Bushnell Drive, Phone: 425-6350
The following registered in OPPOSITION:
Robert Spry, 210-26th Street, Phone-. 428-7532, adjacent property owner
Attorney Mike Gardner, 90 one Columbus Center, Phone- 473-5374, represented the
adjoining property owner, Susan BuskeY-
Anne Henry, 506 27th Street, Phone: 428-5962, represented the Old Beach Civic
League
Nick Wright, Phone: 425-5971, owner of Boardwalk inn.
Upon motion by Vice Mayor Fentress, seconded by Councilman sessoms, CitY
Council DENIED:
ORDINACE UPON APPLICATION OF BEACH BUNGEE, TRP
ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR
RECREATIONAL AND AMUSEMENT FACILITIES OF AN OUTDOOR
NATURE (BUNGEE JUMPING)
Ordinance upon application of Beach Bungee, TRP
Enterprises, Inc. for a Conditional Use Permit tor
recreational and amusement taclities of an outdoor
nature (bungee jumping) on certain property located
at 208 & 210 26th Street and 2507 Pacific Avenue.
Said parcel contains 15,115 square feet. VIRGINIA
BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
- 37 -
It.. 111-H.2.e
PUBLIC HEARING ITEM # 35560
PLANNING
Wi II lam Cashman, 511 2 Hi II cr est Lane, Phone: 473-2000 , represented the Central
Business District Association and urged SUPPORT of the recommendation of the
Planning commission and City Staft-
Brooks Pollock, 161 Pinewood Road, Phone: 497-0490, President - Central
Business District Association and urged SUPPORT ot the recommendation of the
Planning Commission and City Staft-
Lou Pace, 1908 Hunts Neck Court, spoke in OPPOSITION to the creation of a
tlyover and suggested tolls be deleted from the middle of Interstate 44 and
collected at the end.
Upon motion by Councilman Jones, seconded by Councilman Lanteigne, City Council
ADOPTED an ordinance to AMEND the Master Street and Hlghway Plan re deletion of
Constitution Drive Flyover, as follows:
a. DELETE the Constitution Drive Flyover from the
Master Street and Highway Plan.
b. DELETE item 2-007 (Constitution Drive Flyover) from
the Capital improvement Program.
c. DIRECT City Staff to meet with Central Business
District Association and citizen representatives ot
the Larkspur and Windsor Oaks Civic Leagues to
recommend a viable solution, other than the
Constitution Drive Flyover, that will provide the
maximum amount of traftic through the Independence
Boulevard Corridor.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, 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 Abstaining:
Harold Heischober*
Council Members Absent:
Robert W. Clyburn
*Councilman Heischober ABSTAINED and DISCLOSED pursuant to Section 2.1-
639.14(E) ot the Code of Virginia, he owns property which may be subject to a
taking, in whole or in part, in connection with the Constitution Drive Flyover
project. Councilman Heischober wished to disclose his interest and abstain trom
participating in this transaction fairly, objectively and in the public
interest. Counci lman Heischober's letter of Apri 1 28, 1992, is hereby made a
part of the record.
ci-t@ C).f NTi:cggi@i" E3@@@"
437'2 HOLLAND RO-
HAROLD HEISCHOBER VIRGINIA BEACH, VIRGINIA 23452
(804) 499-8500
COUNCILMAN-AT-LARGE (804) 464-4910
April 28, 1992
Mrs. Ruth Hodges Smith, 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. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I -ake the following declaration:
I The transaction for which I am exe-ting this written disclosure is the Council
consideration and vote on an ordinance to amend the Master Street and
Highway Plan by deletion of the Constitufion Drive Flyover.
2. The nature of my personal interest in that I own property which may be
subject to a taldng, in whole or in part, in connection widi the Constitution
Drive Flyover project.
3. The City Attomey has advised me that in his opinion, I am a member of a
group, i.e., surrounding similarly-situated property owners, the members of
which are all affected by the transaction.
April 28, 1992
Mrs. Ruth Hodges S@
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
4. 1 wish to disclose this interest a,,d abstain from ParticiPating in this
transaction.
Accordingly, I -spectfully request that you record this declaration in the official
I have enclosed an opinion letter from Leslie L. Lilley, City
records of the City Council.
Attorney, dated June 4, 1991, which addresses this same issue.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Councilman
HH/clb
Enclosure
- 38 -
item I I 1-1 -
APPOINTMENTS ITEM # 35561
PLANNING
Upon NOMINATION by Vice Mayor Fentress, CitY Council APPOINTED
THE PLANNING COUNCIL
Robert W. Clyburn
Unexpired term thru 3/31/93
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, 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:
Robert W. Clyburn
- 39 -
Item 111-J.1.
NEW BUSINESS ITEM # 35562
Upon motlon by Counci lwoman Parker, seconded by Counci Iman Heischober, City
Council ADOPTED:
ordinance to AMEND and REORDAIN Sectlon 21-371 of
the Code of the City of Virginia Beach, Virginia,
re Handicapped Parking Violations.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
Requested by @leyera E. Oberndorf
1 AN ORDINANCE To AMEND AND
2 REORDAIN SECTION 21-371 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 MOTOR VEHICLE AND TRAFFIC CODE.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
a That Section 21-371 of the Code of the City of Virginia Beach,
9 virginia, is hereby amended and reordained to read as follows:
10 Section 21-371. Parking in space reserved for handicapped
11 persons.
.2 (a) It shall be unlawful for a nonhandicapped operator of a
13 motor vehicle to park in a parking space reserved for the
14 handicapped on public property or at privately owned parking areas,
15 unless such operator is using the motor vehicle to transport a
16 handicapped person who has obtained a special license plate or a
17 special vehicle parking permit from the division of motor vehicles.
18 Any vehicle parked in a parking space reserved for the handicapped
19 shall display either a special license plate or a special vehicle
20 parking permit visible through the front windshield. Spaces
21 reserved for the handicapped shall be identified by above grade
22 signs. The words, "Minimum penalty for violation $25.00 $50.00,11
-23 may be posted on an accompanying sign.
24 (b) Any operator of a motor vehicle parked in violation of
25 this section in a parking space reserved for the handicapped on
26 public property or at a privately owned parking area shall be
27 guilty of a Class 4 misdemeanor and may be issued a summons by a
28 police officer, without the necessity of a warrant being obtained
29 by the owner of such private parking area.
30 (c) When a notice or citation is attached to a vehicle found
31 parked in violation of this section, the owner of the vehicle may,
32 within three (3) city working days thereafter, pay to the city
13 treasurer, in satisfaction of such violation, a penalty of t1/2ienty-
34 five fifty dollars ($25.09 50.00). Such payment shall constitute
35 a plea of guilty for the violation in question. Tf such payment is
36 not postmarked or received by the city treasurer within three (3)
37 working days of the city after receipt of such notice or violation,
8 the penalty shall be fifty one hundred dollars ($59.99 100-00).
39 The failure of any owner to make payment as prescribed above, or to
40 present the notice or citation for a violation of this section at
41 an office of the city treasurer for certification to the general
42 district court, within thirty (30) days, shall render such owner,
43 upon conviction of such violation, subject to a fine of not more
44 than two hundred and fifty dollars ($!O().GO 250.00).
45 Adopted by the Council of the City of virginia Beach, virginia
46 on the ?8th day of APRIL 1992.
47 CA-4582
48 \ordin\proposed\21-371.pro
49 R-1
2
- 40 -
item 111-J.2.
NEW BUSINESS ITEM # 35563
Upon motion by Counci lman Heischober, seconded by Counci lwoman Parker, City
Council ADOPTED:
Resolution to establish Procurement Policy re
recycled products.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and W! I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
1 A RESOLUTION TO ESTABLISH A RECYCLED PRODUCT
2 PROCUREMENT POLICY.
3 WHEREAS, the volume of material disposed of at landfills
4 has been increasing annually;
5 WHEREAS, sanitary landfill space is at a premium and it
6 is becoming increasingly difficult to site new landfills;
7 WHEREAS, much of the material that enters the waste
8 stream can be recycled, reused or incorporated in the manufacture
9 of new products;
10 WHEREAS, the city of Virginia Beach's participation in
11 and promotion of recycling programs, including the purchase of
12 recycled products, can significantly reduce the volume of material
13 entering the waste stream thereby extending the city of Virginia
14 Beach's landfill life expectancy and reducing expenses; and
15 WHEREAS, for recycling programs to be effective, markets
16 must be developed for products that incorporate postconsumer
17 materials in their manufacture, are reusable, or are designed to be
18 recycled.
19 NOW THEREFORE BE IT RESOLVED by the City Council of the City of
'O virginia Beach, Virginia:
21 Where at all possible and to the maximum extent
22 practicable, city departments and agencies will make reasonable
23 efforts to purchase products with specifications that can
24 incorporate the use of recycled materials, reusable products and
25 products designed to be recycled. The departments and agencies may
26 take into consideration certain factors, which may include but are
27 not limited to, the effect of recycled materials on performance
28 standards, health and safety standards, operational efficiency and
29 cost efficiency.
30 When recycled products are used, reasonable ef forts shall
31 be undertaken to label the products to indicate that they contain
32 recycled materials. City departments and agencies may use for
33 their mast-head stationery and envelopes recycled paper that
4 includes postconsumer recycled content and indicate on the paper
35 and envelopes that they contain recycled material. other recycled
36 products used by the city may also indicate that they contain
37 recycled material to the extent practicable.
38 Adopted by the Council of the City of Virginia Beach, Virginia
39 on the 28th day of April 1992.
40 CA-4589
41 \ordin\noncode\recycle.res
42 -R-5
T r)
2
- 41 -
Item III-J.3.
NEW BUSINESS ITEM # 35564
The following spoke in SUPPORT of the Resolution:
Everett Johnesee, 3125 Basin Road, Phone: 496-0468, President - Lynnhaven
Colony Civic League
Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024, resident of Lynnhaven
Colony
Upon motion Vice Mayor Fentress, seconded by Councilman Brazier, City Council
ADOPTED, AS AMENDED:
Resolution supporting Resort Retailers
Association's efforts re removal of vulgar and
offensive merchandise from Local Area Shops.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., 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:
Robert W. Clyburn
Requested by Vice-Mayor Robert E. Fentress
I A RESOLUTION SUPPORTING THE RESORT RETAILERS
2 ASSOCIATION'S EFFORTS TO REMOVE LEWD AND
3 VULGAR MERCHANDISE FROM LOCAL ESTABLISHMENTS
4 WHEREAS, the City of Virginia Beach has historically been
5 identified with a positive moral climate and traditional family
6 values;
7 WHEREAS, the City has long enjoyed its reputation as a
8 desirable recreation area, offering a diversity of wholesome
9 entertainment and services attractive to residents, tourists, and
10 business visitors;
11 WHEREAS, in apparent indifference to these values, a
12 minority of local shopkeepers have in recent years displayed and
13 sold T-shirts, posters, and paraphernalia bearing lewd and vulgar
14 lancjuage, slogans, and illustrations, which items are offensive to
15 citizens, visitors and members of the business community; and
16 WHEREAS, in response to such affront to community values,
17 the Resort Retailers Association, representing a majority of Resort
18 Area merchants, have pledged not to display or sell merchandise
19 which is lewd or vulgar and have joined in a concerted effort to
20 encourage the remaining establishments not to traffic in such
21 items.
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
23 OF VIRGINIA BEACH, VIRGINIA:
24 That the Council applauds and commends the Resort
25 Retailers Association in their effort to remove lewd and vulgar
26 inerchandise from Resort Area shops, and to maintain a wholesome
27 moral atmosphere appropriate in a family-oriented recreation area.
28 AND BE IT FURTHER RESOLVED:
29 That the Council encourages the merchant community of virginia
30 Beach to extend this effort throughout our City.
31 Adopted by the Council of the city of Virginia Beach,
32 Virginia, on the 28 day of April 1992.
33 CA-4658
34 ORDIN\NONCODE\LEWD.RES
35 R-3
- 42 -
Item 111-J.4.
NEW BUSINESS ITEM # 35565
Counci I Lady McCl anan sponsored Don Su II i van, 244 1 Wi ndy Pines Bend (PI ne
Ridge) re drainage problems and constant flooding of streets and property. Mr.
Sullivan moved to Pine Ridge in the Spring of 1988 and since then has
experienced a minimum of three floodings every summer. Mr. Sullivan distributed
photogr ap hs d is p I ayi ng samp I es of this f [ood l ng. A study was performed to
i dent i fy the spec iflc prob l em. Mr. Sullivan was advised the problem was
i dent if i ed an d the actual deslgn work wi II be performed this calen d ar year.
Various drainge funds wi I I be uti I ized tor this design. In anticipation that
Charter Bond funding wi I I be avai lable in January 1993, the City wi I I be able
to go from a design completion in November directly into advertising for bids
in the January time frame.
Flooding problems should be separated from ecological problems.
The City Staff will meet with Pine Ridge residents and make recommendations as
to solution and time schedule for remedy to the flooding.
Members of the Environmental Services Utility Review Committee have met twice.
I ntormation regarding the fee wi I I not be presented to City Counci I unti I the
end of May.
- 43 -
Item III-K.l.
ADJOURNMENT ITEM # 35566
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:00 P.M.
B ,e, 0. @.oks, CMC
Chief Deputy City Clerk
.th Hodg . Sith, CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia