HomeMy WebLinkAboutFEBRUARY 4, 1992 MINUTES
"WORLD'S LARGEST RESORT Cay"
CITY COUNCIL
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FEBRUARY 4, 1992
ITEM 1. INFORMAL SESSION - Council Chamber 12:3D PM
A. CALL TO ORDER Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 11. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Barnett Thoroughgood
New Jerusalem Church
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 - January 28, 1992
G. RESOLUTION/ORDINANCE
1. Resolution supporting 1992 House Bill 629 re toy-related deaths and
Injuries.
(Sponsored by Vice Mayor Robert E. Fentress)
2. ordinance to AMEND and REORDAIN Section 19-19 of the Code of the
City of Virginia Beach, Virginia, re moblle homes located in
Agricultural Districts.
(Sponsored by Councilman Paul J. Lanteigne)
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. it an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to ACCEPT and APPROPRIATE a $200,000 Grant from the
Virginia Housing Partnership Fund to the Department of Housing and
Neighborhood Preservation re housing rehabilitation and that
revenues be increased by like amount.
2. Ordinance to ACCEPT and APPROPRIATE $97,570 to the FY 1991-1992
Police Department Budget from the DEA Shared Proceeds Seized
Property Program re additional equipment.
3. LOW BIDS:
CONTRACTORS PAVING Flanagan's Lane $946,274.05
CIP 2-134
CHESAPEAKE BAY Cavalier Park/ $4 34 862.15
CONTRACTORS, INC. N. Linkhorn Park
Sewer & Water
Improvements - Phase Ill
CIPs 6-928 & 5-967
Contract VI
B. L. JONES, INC. Cavalier Park/ $ 95,000.00
N. Linkhorn Park
Sewer & Water
Improvements - Phase Ill
CiPs 6-928 & 5-967
Say Drive Pump Station
Contract VII
4. Ordinance authorizing license refunds in the amount of $21,544.10.
5. Ordinance authorizing tax refunds in the amount of $3,776.59.
1. APPOINTMENTS
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
SCHEDULE
FY 1992-1993 OPERATING BUDGET
City Council Chamber
TUESDAY, MARCH 31, 1992
PRESENTATION
TUESDAY, APRIL 7, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 14, 1992 10:00 AM
WORKSHOP
THURSDAY, APRIL 16, 1992 7:00 PM
**PUBLIC HEARING**
Green Run High School Auditorium
TUESDAY, APRIL 21, 1992 10:00 AM
WORKSHOP
TUESDAY, APRIL 28, 1992 6:00 PM
PUBLIC HEARING
THURSDAY, MAY 7, 1992
RECONCILIATION WORKSHOP
TUESDAY, MAY 12, 1992 2:00 PM
APPROPRIATION ORDINANCES
COUNCIL SESSIONS CANCELLED
MAY 5, 1992
CITY COUNCIL ELECTION DAY
1/30/92 cmd
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virglrila Beacli, Virginia
February 4, 1992
ITEM # 35301
Mayor Meyera E. Oberndorf called to order the INF'ORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on
February 4, 1992, at 12:30 P.M.
Council Members Present:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
John A. Baum (Out of the City on vacation)
- 2 -
C ON C E R N S OF T HE MAYOR
ITEM # 35302
Mayor Oberndorf referenced a letter received from Charles M. Reynolds, Jr.,
Chairman - Virginia Beach Community Development Corporation, requesting
postponing appointments to fill the two vacancies. The Virginia Beach Community
Development Corporation will be scheduling a retreat by April 1, 1992. By
granting their request of postponing appointments, it would allow the Board the
opportunity to assess the various areas the present Board represents and to
investigate the need for other areas. Mr. Reynolds again reiterated his
request by a personal telephone call to the Mayor.
- 3 -
C 0 N C E R N S. 0 F T H E M A Y 0 R
ITEM # 35303
Mayor Oberndorf referenced the article in the Virginia-Pilot/Ledger Star
concerning the report of the Army Corps of Engineers concerning sand
replenishment at Sandbridge.
The City Manager advised this report had not been received. The City Manager
spoke with the Army Corps of Engineers this morning, February 4, 1992, and was
advised an internal draft document for agency review was released on Friday,
January 31, 1992. Copies have been prepared for the City Council and City
Manager and should be delivered by 5:00 P.M. today. The City has until March
13, 1992, to comment on this report. A member of the media received a copy of
this internal document and prepared the article.
- 4 -
C IT Y C 0 UN C I L C ON C E R N S
ITEq # 35304
Councilwoman Parker referenced several pieces of correspondence which will be
discussed under NEW BUSINESS.
5
ITEM 35305
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the tollowing purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation ot specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Community Corrections Resource Board
Community Development Citizens Advisory Committee
Human Rights Commission
Personnel Board
Virginia Beach Community Development Corporation
2. LEGAL 14ATTERS: Consultation with legal counsel or brief ings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
To-Wit: City of Virginia Beach v. Lewis Family Partne@h,
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McC[anan, Nancy K. Parker,
Mayor Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 4, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bul Iding, on Tuesday,
February 4, 1992, at 2:00 P.M.
Council Members Present:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I iam D.
Sessoms, Jr.
Council Members Absent:
John A. Baum
INVOCATION: Reverend Barnett Thoroughgood
New Jerusalem Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7
Item II-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35306
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, 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
identif ied in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Pau I 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:
John A. Baum
4b,
lit,oolutton -
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BFACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35305,
Page No. 5 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, THEREF-ORE, 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.
ROh Hodges Seith, CMC/AAE
City Clerk February 4, 1992
8
Item II-F.I.
MINUTES ITEM # 35307
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND F'ORMAL SESSIONS of January 28,
1992.
Voting: 9-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
John A. Baum
Councilwoman Parker ABSTAINED as she was out of the City during the City
Council Session of January 28, 1992.
9
Item 11-G.l-
RESOLUTION/ORDINANCE ITEM 35308
Mrs. Carolyn Stamm's Sixth Grade Class of Old Donation Center for the Gifted
and Talented addressed the issue of toy safety through research, performing toy
safety skits for preschool-aged children, preparation of informatlonal
brochures for parents and reviewing appropriate revisions for state licensing
standards for day care centers with the State's Child Day Care Center Council.
According to the Consumer Product Safety Commission's crime statistics,
thirty-seven children have died in toy related accidents from January 1990 to
September 1991. In 1990, 164,500 children were treated in hospital emergency
rooms for toy related injuries. These statistics are shockingly high, but
unfortunately not very accurate. These statistics are drawn from only a small
percentage of all the hospitals in the country. The class visited Delegate Leo
C. Wardrup and presented a proposed Bill pertaining to toy safety. The Bill is
now known as House Bill 629 - Toy Safety Monitoring Act. It House Bill 629 is
passed, a precise record of toy related incidents would be maintained. On
Thursday, January 30, 1992, four students revisited Richmond and delivered
handwritten letters to all the Delegates on the Health, Welfare and
Institutions Committee. Later that day, the students were recognized in the
General Assembly for their hard work on this Bill.
Carissa Frasca and Emily Letts, both eleven years of age, were the
representative spokepersons for Mrs. Stamm's Class.
Mayor Oberndort had presented to the students earlier in her office a
PROCLAMATION Proclaiming:
February 4, 1992
T 0 Y S A F E T Y D A Y
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution supporting 1992 House Bill 629 re toy-
related deaths and injuries.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
1 RESOLUTION IN SUPPORT OF HOUSE BILL
2 NO. 629 RELATING TO TOY-RELATED
3 DEATHS AND INJURIES
4 WHEREAS, many children and their parents are not aware of
5 the dangers presented by certain toys or that certain toys may be
6 inappropriate to the age of the child;
7 WHEREAS, collecting information about toy-related deaths
8 and injuries and increasing public awareness of potential toy
9 hazards are critical steps in preventing these deaths and injuries;
10 WHEREAS, House Bill No. 629 now pending before the
11 Virginia General Assembly, provides a formalized and mandatory
12 process for the nonitoring of toy-related deaths and injuries
13 through reports made by physicians and hospitals and provides for
14 notice to the public, retail sellers and distributors when any
15 specific toy, reported to the Center for Health Statistics, poses
16 an immediate danger or potential threat to the safety of the
17 citizens of the Commonwealth.
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA: that the Council of the City of
20 Virginia Beach, Virginia finds that the toy-safety monitoring act
21 as proposed by House Bill 629 is in the best interests of the
22 safety of its citizens and supports passage of such legislation by
23 the General Assembly.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the 4 day f February 1992.
26 CA-4567
27 \NONCODE\CA-4567.RES
28 R-2
LD2906483 LEGJHR
D 1/22/92 Roberts c 1/22/92 acw
2 HouSE BILL No. 629
3 AXZIl=olzT llq Tx-- IIATURE UY A SUBST RTUTE
4 (proposed by the House/Senate Co=ittes On/fOr ..................
5 on ................. I..........
6 (Patron P2!ior to
7 A BILL to amena and roonict 9 32.1-276.1 Of th= CODO 09 Virginia dild
9 to amaiid LILS CODO Of Virginia by adding a section numbered
9 32.1-13A.5, by addin(T ir-Article 3 of C'hAptes: % of Titlo 32.1 a
10 nectioli it@ei!od 32.1-23.1, and by adding in Artlcle 6 of Chapter
11 29 of Title 54.1 a section n @ ered 54.1-2973.1, relating to
-M toy-related deatho.and injuries.
13
14 Ba it enacted by the General Assembly of Virginiat
15 1. That 9 17.1-276.1 of the codv uf Virginia is arnended and reenacted
16 and that the Code of Virginia is amended by adding a adction numbered
17 32.1-134.5@y addinej i.n Axtiolo 3 of Ch&pLwc 1 ot '1!itta 32.1 a
18 section numbered 32.1-23.1, and by adding in Article 6 of Chapter 29
19 of Title 54.1 a section numbered 54.1-2973.1 aS follows;
20 5 32,1@23.1 - Tov-ralatod dealli dnd injury public notice.--The-
21 CouLnissioner shall immediately issue a vublic notice warninct the
22 nublic, retail sellars, and distribuLUre unon dete=ination that a
23 specific toy recarted to the Canter for Health StatiaticS pur8uant to
24 i 32.1-276.1 voses an i=ediate danget or %)otential threat to the
25 safety of the citizens of he Commonwealth.
26 5 32.1-134.5. Toy-related death and injury reparts.--Whenavor a
27 hognital receives or otherwise bacomes aware of info=ation that
1
so4v59laa ;o esnoH:Ag IN3S
6-GZ-L !
L02906483 LEGJHR
asts that there is a probabili= that a toy has caused
1 re
2 or to the dea or injury. a catient, it shall report to
3 the Center for Health Statisties, pursuant to 5 32.1-27@l the
4 product name and any.other known product identifying info=ation and a
5 description of the iniurie@ or cause of death.
6 5 32.1-276.1. Center for Health Statistics; duties of
7 Director.--A. T'he Board shall provide a Center for HadIth Statistics
a to perform data program development, reporting, B'Ystems operations,
9 analysis and consultation, for the Department of Health, for coun-@y
10 and city departments of.health and other public agencies having
11 health-related duties.
12 B. The Director of the CentOr for Health Statistics, under the
13 supervision of the Co=issioner, shalli
14 1. Supervise the Center for Health Statistics.
is 2. Collect other health-related records and reports and prepare,
16 tabulate, analyze, and publish vital statistics and other health
17 statistical data of this Co=onwealth and such other reparts as may be
18 required by the Cor=iasioner or the Board.
19 3. @e,i ecord of the info=ati n s-e+t-
20 forth in t
21 Physicians and hosvitals ourSU2 -134.5 and 54.1-2973.1.
22 The Director shall make the information recarded under this section
23 va3ilLabolLe -t-a the United S
24 clusion in its Injur_y@or Potential_Injury incident Data Base. Su@h
25 records shall be available to the public for insdection and co2yincr.
26 5 54.1-2973.1. Tov-related death and inlury renorts. whenever a
27 Ph-ysician receives or otherwise becomes aware of informalt"ioln@ t,,ha-t-
28 reasonably suagests that there is a probability that a toy has caused
2
esnOH:Ag IN3S
LD2906483 LEGJHR
i or contributed to the death or iniury of a vatient, he shall rivort to
2 the Center for Health Statistics, pursuant to i 3i.1-i76.1-thq
3 product name and any other known nroduct-identifving info=ation and a
4 description of the injuries or caus@ of death.
- 10 -
Item 11-G.2.
ORDINANCE ITEM # 35309
Upon motion by Counci Iman Lanteigne, seconded by Counci lman Brazier, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 19-19 of
the Code of the City of Virginia Beach, Virginia,
re mobile homes located in Agricultural Districts.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Pau I J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndort, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
Requested by Councilman Lanteigne
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 19-19 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 MOBILE HOMES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 19-19 of the Code of the city of virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 19-19. Location in agricultural districts.
11 (a) A permit to allow one freestanding mobile home may be
12 approved by the department of permits and inspections in any area
13 zoned agricultural district, provided the following conditions are
14 complied with:
15 (1) The mobile home is located to the rear or side
16 and on the same lot or parcel with a principal
17 residential building and all dimensional
is requirements for two (2) dwellings are
19 complied with and the required yards or open
20 space of the principal dwelling are not
21 encroached upon.
22 (2) The mobile home is not located within four
23 hundred (400) feet of any other residence
24 existing at the time application is made to
25 locate the mobile home.
26 (3) The immediately adjoining property owners and
27 those directly across the fronting street
28 shall be notified by the department of permits
29 and inspections of the receipt of an
30 application to place a mobile home. Such
31 notice shall be mailed at least fifteen (15)
32 days prior to the issuance of a permit by the
33 department of permits and inspections. The
34 address to which such notice shall be sent by
3 5 the department of permits and inspections
36 shall be that as shown on the tax records of
37 the city.
38 (4) The department of permits and inspections
39 shall not issue a permit tO locate a
40 freestanding mobile home until the method of
41 sewage disposal for such mobile home is
42 approved by the department of public health.
43 (5) A freestanding mobile home authorized under
44 the terms of this section shall not be
45 occupied by anyone not a member of the
46 iinmediate farnily resident in the principal
47 dwelling on the lot or parcel and such mobile
48 home shall not be occupied by more than one
49 family. For the purpose of this section, a
50 member of the immediate family is defined as
51 any person who is a natural or legally adopted
52 child, grandchild or spouse or parent of the
53 owner.
54 (6) The department of permits and inspections
55 shall, upon written receipt of an objection
56 from persons set forth in (3) above to the
57 placenent of a freestanding mobile home, refer
58 the application to the city council for
59 approval or disapproval. If no objection is
60 received by the department of permits and
61 inspections, it shall be authorized to issue
62 the freestanding mobile home permit at the
63 expiration of the notification period.
64 (b) Notwithstanding the provisions of subsection (a) hereof,
65 citv Council mav, bv resolution, allow the continuation of an
66 existing freestanding mobile home if the s under which
67 the oriainal aolproval took place change, provided the Council finds
68 the mobile home to be compatible with surroundina land use. In the
69 resolution permitting such continuation, the City Council may
2
70 attach conditions and safeguards to its approval as it deems
71 necessary to assure such compatibility.
72 (@c) A temporary special permit may be issued by the
73 department of permits and inspections for a period not to exceed
74 nine (9) months in a case where a single-family dwelling has been
75 destroyed or damaged by fire or other disaster to an extent which
76 makes such dwelling uninhabitable and only where such dwelling is
77 to be rebuilt or repaired.
78 Adopted by the Council of the City of Virginia Beach, Virginia
79 on the 4th day of February 1992.
80 CA-4566
81 \ordin\proposed\19-029.pro
82 R-3
0 COt4TEKTS-
AFIPROVED AS TO LR.GAL
SUFFICIENICY A@"D FORM
z
CITY ATTOR 192-
3
Item I 1-H-
CONSENT AGENDA ITEM 35310
Upon motion by Counci iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED In ONE MOTION Items 1, 2, 3b, 4 and 5 of the CONSENT AGENDA.
Item 11-H. 3a. (LOW BID: Flanagan's Lane) was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndort, Nancy K. Parker and W! I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
1 2
Item 11-H.I.
CONSENT AGENDA ITEM # 35311
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $200,000
Grant from the Virginia Housing Partnership Fund to
the Department of Housing and Neighborhood
Preservation re housing rehabi litation and that
revenues be increased by like amount.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
I ORDINANCE TO ACCEPT AND APPROPRIATE $200,000
2 FROM THE VIRGINIA HOUSING PARTNERSHIP FUND
3 FOR HOUSING REHABILITATION
4 WHEREAS, the Department of Housing and Neighborhood
5 Preservation operates housing rehabilitation programs for the
6 benefit of the citizens of Virginia Beach, and
7 WHEREAS, the Virginia Department of Housing and Community
8 Development has notified the City that it has made available
9 $200,000 for the continued operation of a Local Housing
10 Rehabilitation Loan Program, and
11 WHEREAS, the Department of Housing and Neighborhood
12 Preservation is currently operating such a program and will
13 continue it with the use of these funds.
14 NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE
15 CITY OF VIRGINIA BEACH accepts and appropriates $200,000 for use as
16 specified by the Virginia Department of Housing and Community
17 Development, and
18 BE IT FURTHER ORDAINED THAT revenues from the
19 Commonwealth be increased by $200,000, and
20 BE IT FURTHER ORDAINED THAT the City Manager is
21 authorized to execute an agreement to carry out such program.
22 Adopted by the Council of the City of Virginia Beach on
23 the 4 day of February 1992.
24 A7 Content App m:
25 ii-
26 Ma@ya@d I. Ustjkk, Director @y Attorney
27 Housing & Neighborhood
APPROVED6sTo
WALTIEF(C. K@ER, JR,
OFFICE OF auDGET AND EVALUATIOIV
COMMONWEALTH of VIRGINIA
NEALJ.BARBrR DEPARTMENT OF Di@i.i.. f H ... i@g
DIRECTOR Ah St-t Off!.. B.ildi@,
HOUSING AND COMMUNITY DEVELOPMENT '2'05'N.@h F..Oh SI-I
Ri.h...d, Vi,gi@i. 23219-1747
(W4) 7@7891
January 16, 1992
Ms. MaryAnn Ustick
Director
Departinent of Housing and Neighborhood
Preservation
City of Virginia Beach
Princess Anne Execudve Park, Bldg. #5
Virginia Beach, Virginia 23456-9083
Dear MaryAnn:
Enclosed please find the Administrative Agreement for your Local Housing Rehabilitation
Loan Program. Please review, sign, and retum the Agreement to tMs office within 30 days. if
you have any questions about the Agreement, please feel free to contact Ron @te. Once the
Agreement is received and accepted by the Office of Housing Development, the appropriate dates
wiU be inserted and a copy will be retumed to you.
You may begin iinplemendng your program when you sign the Agreement; however, no
commitments wiU be made by VHDA until we have received and accepted the Agreement.
We are pleased that your organization has chosen to be a part of the overafl Partnership
Program and we look forward to working with you in the future.
Sincerely,
Robert J. Adams
Deputy Director
Enclosure
Buftng B~ @nW@
CONTRACr NO: 92LR21
LOCAL HOUSING REHABHXFATION PROGRAM
ADMIMSTRATTVE AGREEMENT
This Agreement, entered into as of this _ day of _, 19@ by and between
the Virgiriia Department of Housing and the City of Virgirda Beach hereinafter referred to as
"Local A trator.'
T'he Local Housing Rehabilitation Loan funds (hereinafter referred to as the "Funds") which
are the subject of this Agreement are authorized under the Virginia Housing Partnersbip Fund Act.
The Funds are subject to and @ Agreement incorporates by reference, the terms, guidelines and
regulations set forth in the Program Guidelines, as revised from time to time, and the laws of the
Conimonwealth of Virginia. Also incorporated by reference in this Agreement are (1) the
Administrators Program Apphcation including certifications, resolutions and agreements contained
therein, and (2) Administradve Manual, as revised from time to time. This manual describes the
operadonal procedures by which the Admiriistrator must conduct the program for minimum
contract compliance.
The Local Administrator wiU initiate the Activities as required by this Agreement and
described in the Administrators' Program Application, the Program Guidelines, and Program
Manual beginning , l@, unless special conditions require additional action on
specified activities before proceeding with that activity.
The Local Administrator will complete the work as required by this Agreement and
described in the Administrators' Program Application, the Progiam Guidelines, and Program
Manual widiin 6 mondis from the execution of this Agreement, or more specifically on or before
June 30, 1992.
In reliance upon the Application and associated documents, the Department agrees, upon
execution hereof, to provide the Administrator a reservation of flinds in the -amount of $200,000
($150,000 in loan fltnds and $ 50,000 in energy grant funds) to undertake e project act,-te@
approved and set forth herein.
The Administrator agrees to comply with aU of the tenns and conditions of this Agreement,
its Application, and the Program Manual in its administration of this program. The Administrator
further agrees to moriitor, oversee and report on the use of the funds under this Agreement. The
Local Admiriistrator shall furnish, regularly and in such a form as DHCD may require, reports
concerning the status of project activities and grant funds. Such report shall be subniitted in the
form and manner as prescribed in the Manual and in written instructions from DHCD. The Local
Administrator wffl make available all documents, records and other program inforrnation requested
by the Department.
The Local Administrator shall hold the Conunonwealth of VirgirLia, DHCD, its agents and
employees harmless from any and all claims and demands based upon or arising out of any
actions by the Local Administrator, its employees, agents or contractors.
The Local Administrator shall remain fully obligated. under the provisions of this
Local Housing R@bilittin po@
Reservatio, mt
Page #2
Agreement notwithstanding it, designation of any subsequent or third parties for the undertaking
of all or a part of the Activities covered by this Agreement.
The Departrnent reserves the right to modify, amend, or terminate this Agreement any time
during the tenns of this Agreement due to faflure of the Local Administrator to comply with the
te@ and conditions of @ Agreement and other Program Documents set forth herein.
f. Project Description:
The local administrator shad provide these funds as loans and grants for the
rehabilitation of low and moderate income housing units wiffiffi the City of Virginia Beach.
II. P-formance Schedule:
N/A
III. Funds Disbursement and Repo@g:
A. Funds Disbursement:
Disbursement will be made by VHDA for approved loans oidy. Once the disbursement
is made the Local Administrator must establish and administer an escrow account for
each individual loan. Adequate accounting shar be maintained to identify funds
escrowed.
B. Reporting Requirements:
The Administrator agrees to submit quarterly reports during the project term. Reports
are due the 15th of the month following the end of each calendar quarter.
L.@ Hw-ng Reh-bflftt'On Pro@
tive Agre-ent
page #3
This Agreernerit is hereby executed by the Parties on the date set forth belo- their respective
signatures as fonows:
VIRGINIA DEPARTMENT OF HOUSING AND R
COMMUNI,fy DEVELOPMENT I
By:
Robert J. Adams Signature
Deputy Director
Name
Title
(Date) Date
1 3
Item 11-H.2.
CONSENT AGENDA ITEM # 35312
Upon motion by Counci lman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $97,570 to the
FY 1991-1992 Police Department Budget from the DEA
Shared Proceeds Seized Property Program re
additional equipment.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober ' Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf , Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
AN ORDINANCE TO APPROPRIATE $97,570 TO THE PY 1991-92
POLICE DEPARTMENT BUDGET FROM THE DEA SHARED PROCEEDS
SEIZED PROPERTY PROGRAM FOR ADDITIONAL EQUIPMENT
1 WHEREAS, the Federal Department Of Justice Drug
2 Enforcement Agency (DEA) allows localities to share in proceeds
3 from assets which have been seized as a result of narcotics
4 investigations activities, and use these proceeds for law
5 enforcement enhancements;
6 WHEREAS, the City of Virginia Beach Police Department's
7 narcotics enforcement efforts can be strengthened with additional
8 computer support for evidence control and record keeping, a
9 judgmental firearms training system, and additional command radios,
10 for a total estimated cost of $97,570;
11 WHEREAS, there are sufficient funds available from the
12 DEA Shared Proceeds Seized Property program to address these needs.
13 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
14 CITY OF VIRGINIA BEACH, VIRGINIA, that $97,570 be appropriated from
15 the DEA Shared Proceeds Seized Property program to the FY 1991-92
16 Operating Budget of the Police Department for additional computer
17 support, a judgmental firearms training system, communications
18 equipment and other related expenses in order to enhance the
19 investigation and enforcement activities of the department.
20 BE IT FURTHER ORDAINED, that these appropriations be
21 offset by a corresponding increase in Estimated Revenues from the
22 Federal Government.
23 Adopted by the City Council of the city of Virginia
24 Beach, Virginia on this day February 4 1992.
WALTE". ER,,jn-
OFFICT OF 13UDGET AND EVALUATIOW
- 14 -
Item 11-H.3.a.
CONSENT AGENDA ITEM # 35313
Jeft Utley, 2988 Seaboard Road, Phone: 426-6586, represented himselt, Robert
White, Mary Cooper and Mrs. Brock, and registered in OPPOSITION. Mr. Utley did
not believe a fair price was offered for the properties taken.
Upon motion by Counci lwoman McClanan, seconded by Counci Iman Jones, City
Council DEFERRED until the City Council Session ot February 11, 1992:
LOW BIDS:
CONTRACTORS PAVING Flanagan's Lane $946,274.05
CIP 2-134
A representative trom Traff ic Engineering wi I I be in attendance to respond to
City Council's inquiries concerning traffic counts and data relative accidents.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf , Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 15 -
Item 11-H.3.b.
CONSENT AGENDA ITEM # 35314
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Council APPROVED:
LOW BIDS:
CHESAPEAKE BAY Cavalier Park/ $434,862.15
CONTRACTORS, INC. N. Linkhorn Park
Sewer & Water
Improvements - Phase Ill
CIP,s. 6-928 & 5-967
Contract VI
B. L. JONES, INC. Cavalier Park/ $ 95,000.00
N. Linkhorn Park
Sewer & Water
Improvements - Phase Ill
CIPs 6-928 & 5-967
Bay Drive Pump Station
Contract VII
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Pau I 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:
John A. Baum
- 16 -
Item 11-H.4.
CONSENT AGENDA 1TEM # 35315
Upon motion by Counci lman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing license refunds in the amount
ot $21 544.10 upon appl ication of certain persons
and upon certif ication of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
FORM NO. C.A, 8 REV. Vw
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Meredith & Drake, Inc. 1989-91 Audit 5,650.67 5,650.67
5750 Chesapeake Blvd.
Norfolk, VA 23513
Certified as to Payment:
@-R6-bert P. Vaugha@
Commissioner of the Revenue
Approved as to form:
L@lie- L. Lilley-/-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5,650. 67 were approved by the Council
4 February 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.A, 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Ahab Corp. 1988-91 Audit 21.76 21.76
T/@ Street Walker
1009 E. Ocean N7iew Avenue
Norfolk, VA 23503
Alton Butler Land Survevor, P.C.
1229 Bluebi.rd Drive 1989-90 Audit 768.60 768.60
Virginia Beach, VA 23451
Associated Materials, Inc. 1991 Audit 1,888.00 1,888.00
T/A Alside supply Co. Norfolk Div.
P. 0. Box 2010
Akron, OH 44309
Certified as to Payment:
Commissioner of t nue
Approved as to iorm:
Leslie L. Cille
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 678. 36 were approved by the Council
of the City of Virginia Beach on the day of February 19 92
Ruth Hodges Smith
City Clerk
MRM NO. C.k 0 REV@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Erols, Inc. 1990-91 Audit 2,565.35 2,565.35
T/A Erol's Video Club
6621 Electronic Drive
Springfield, VA 22151
Formosa, Inc. 1990-91 Audit 107.11 107.11
T/A Blue Hawaii Restaurant
5313 Indian River Road
Virginia Beach, VA 23464
Forrest Coile Associates PC
11721 Jefferson Avenue 1990-91 Audit 2,107.68 2,107.68
Newport News, VA 23606
Certified as to Payment:
Approved as to form
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 4,780.14 were approved by the Council
of the City of Virginia Beach on the day of February .19 92
Ruth Hodges Smith
City Clerk
FORM NO. C.k 0 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Gruber, Patrice D., President
Ultimate Fashions, Inc. 1989-90 Audit 390.55 390.55
905 Downshire Chase
Virginia Beach, VA 23452
Hansen, Keith A. 1990 Audit 30.00 30.00
5304 Tuza Lane
Virginia Beach, VA 23464
Hiteshew, Mildred A. 1990 Audit 54.95 54.95
T/A Morrows Nut House
3100 Edinburgh Drive
Virginia Beach, VA 23452
Certified as to Payment:
@-Ffo-bert P. Vaughan
Commissioner of the e@venue
Approved as to form:
t /
Le@ie L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 475. 50 were approved by the Council
4 February 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Huang, Robert 1990-91 Audit 24.84 24.84
T/A Village Video
769 Southleaf Drive
Virginia Beach, VA 23462
Just Us Water Sports, Inc. 1989-90 Audit 404.72 404.72
Rt. 4 Box 239
Fredericksburg, VA 22405
Kim, Jaeson N. 1991 7-10-91 150.00 150.00
T/A Rogers Deli
291 Independence Blvd.
Virginia Beach, VA 23462
Certified as to Payment:
@bert P. Vaughan
Commissioner of the e@vnue
Approved as to form
ie L. 111@
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 579. 56 were approved by the Council
February 92
of the City of Virginia Beach on the4day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.& 0 FIEV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Knapp, Susan P. 1991 Audit 268.76 268.76
T/A Page One Graphics
5809 Chippewa Road
Virginia Beach, VA 23462
MPB Inc. 1991 7-23-91 1,566.00 1,566.00
T/A Bayside Medical Plaza
6015 Poplar Hall Drive, Suite 312
Norfolk, VA 23502
Newell, Gary L. DDS 1990 Audit 1,280.11 1,280.11
5228 Indian River Road
Virginia Beach, VA 23464
Certified as to Payment:
Approved as to form:
@eslie' L. Lilley
City Attorney
This ordinance shall be effective irom date of
adoption.
The above abatement(s) totaling $3, 114. 87 were approved by the Council
4
of the City of Virginia Beach on the - day of Fphriiarv 19 92
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 REV. aw
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Ogden, Richard W., President
Ogden Management Corp. 1987-89 Audit 60.53 60.53
141 Business Park Drive
Virginia Beach, VA 23462
Parker, A. E., President
Chop Stick Tnc. 1988-89 Audit 89.86 89.86
Ill Castilian Drive
Virginia Beach, VA 23462
Smith, Virginia M. 1991 7-3-91 30.00 30.00
456 Linkhorn Drive
Virginia Beach, VA 23451
Certified as to Payment:
,@-R66ert P. VaLighan
Commissioner of the Revenue
Approved as to form:
-Cesli@ L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 180. 39 were approved by the Council
of the City of Virginia Beach on the 4 _ day of February 19 2
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Source TncorDorated 1990-91 Audit 65.70 65.70
504 Fairfield Drive
ChesaDeake, VA 23320
Teamcare, Inc. 1989-91 Audit 920.01 920.01
2733-C Avliff Road
Norfolk, VA 23513
Ticoa Corp. 1991 8-22-91 333.32 333.32
11230 West Avenue, Suite 1105
San Antonio, TX 78213
Warwick Air Conditioning, Inc.
P. 0. Box 9169 1985-90 Audit 142.04 142.04
Hampton, VA 23670
Certified as to Payment:
Robert P. Vaugha@
Commissioner of the Revenue
Approved as to form:
1'. L Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,461. 07 were approved by the Council
4 February 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
rORM NO. C.k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Bailev Mortgage Co. 1989-90 Audit 56.29 56.29
200 S. Lamar Street
Jackson, MS 39201
Century 21 Vance-Gregory & Associates
4664 South Blvd. 1990 Audit 1,439.59 1,439.59
virginia Beach, VA 23452
Custom Manaqement Corp. 1991 Audit 1,127.66 1,127.66
T/A Va. Weslyan College Food Service
4721 Morrison Drive
Mobile, AL 36625
Certified as to Payment:
@obpf P, Vaugh-an
COA6issioner of the Revenue
Approved as to form:
'Cesli-e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 62 3. 54 were approved by the Council
4 February 92
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
- 17 -
Item 11-H.4.
CONSENT AGENDA ITEM # 35316
Upon motion by Counci ]man Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing Tax refunds in the amount ot
$3,776.59 upon appl ication of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndort, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
FORM NO. C.A. 7 1/21/92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Banc One Mortgage Corp 91 PE(1/2) 49243-4 12/5/90 133.37
Calvin M & Betty Jo Woodhouse 91 RE(1/2) 126458-0 8/29/91 59.50
Calvin M & Betty Jo Woodhouse 91 RE(2/2) 126458-0 8/9/91 58.58
Raymond W & Anne C Lode 91 RE(1/2) 67932-2 12/5/90 103.20
Raymond W & Anne C Lode 91 RE(2/2) 67932-2 6/5/91 103.20
Mageleana W Olds 90 RE(1/2) 85181-2 3/14/91 20.45
Alfred Guthrie Jr 92 Doo V08768 12/17/91 7.00
Charles R Hofheimer N/A Pkng 383329 1/8/c,12 12.00
George Morrison N/A Pkng 370219 12/9/91 12.00
Randall G Lewis N/A Pkng 369667 12110191 20.00
Maryland Natl Investor Trust N/A Pknq 364808 1/3/92 20.00
Total 549.30
This ordinance shall be effective from date of adoption.
TPe above abatement(s) totaling c
549.30 were approved by
the Council of @he City of Vi @ni@a
r"
B115@ on the 4 day of -Febuary
asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
LE
FORM PO. C.A. 7 12/9/91 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Lincoln Co Nat'l Bank 91 RE(1/2) 75704-1 12/5/90 275.58
Elizabeth Wiggins 91 RE(2/2) 95819-1 6/5/91 72.45
Home Savings Bank 91 RE(1/2) 125616-1 12/5/90 9.03
Kenneth & Naomi Schwartz 90 RE(1/2) 100895-7 11/29/89 29.31
Kenneth & Naomi Schwartz 90 RE(2/2) 100895-7 F,/l/90 29.31
Kenneth & Naomi Schwartz 89 RE(1/2) 99638-6 12/5/88 32.03
Kenneth & Naomi Schwartz 89 RE(2/2) 99638-6 6/5/89 32.03
James L & Plargaret A Krone 90 RE(1/2) 62109-1 11/28/89 9.96
James L & Margaret A Krone 90 RE(2/2) 62109-1 11/28/89 9.96
James L & Margaret A Krone 89 RE(1/2) 61152-2 11/17/88 6.26
James L & Margaret A Krone 89 RE(2/2) 61152-2 11/17/88 6.26
Maurice C & Deloris Brinkley 90 RE(1/2) 12976-6 12/5/89 97.60
Maurice C & Delorifi Brinkley 99 RE(2/2) 12976-6 6/5/90 97.60
Maurice C & Deloris Brinkley 89 RE(1/2) 12919-9 12/2/88 76.18
Maurice C & Deloris Brinkley 89 RE(2/2) 12919-9 6/1/89 76.18
Raymond W & Anne C Lode 89 RE(1/2) 65718-0 12/5/88 80.07
Raymond W & Anne C Lode 89 RE(2/2) 65718-0 6/5/89 80.07
Raymond W & Anne C Lode 90 RE(1/2) 66769-3 12/5/89 85.49
Raymond W & Anne C Lode 90 RE(2/2) 66769-3 6/5/90 85.49
Lucinda Evans 99 RE(1/2) 33485-9 12/5/88 100.95
Lucinda Evans 89 RE(2/2) 33485-9 6/5/89 100.95
Baymark Construction Corp 89 RE(1/2) 7242-7 12/5/88 53.69
Total 1,446.45
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$1,446.45 were approved by
the Council of the City of Virginia
Beach on the 4 day of February.. 1992
Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
Lesfie L. Lille@ity Attor@ey
FORM NO. C.A. 7 t 12/ 17/91 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
James L & Margaret Krone 91 RE(1/2) 63114-1 11/9/90 10.53
James L & Plargaret Krone 91 RE(2/2) 63114-1 11/9/90 10.53
Bancboston V!ortgage Corp 91 RE(1/2) 39406-8 11/26/90 1,142.08
Va Housinq & Dev. Authoritv 91 RE(2/2) 49243-4 7/23/91 140.55
Carteret @avings Bank 91 RE(1/2) 49904-4 12/5/90 114.93
Kenneth H & Naomi Schwartz 91 RE(1/2) 101654-5 12/5/00 30.96
Kenneth H & Naomi Schwartz 91 RE(2/2) 101654-5 6/3/91 30.96
Maurice C & Deloris Brinkley 91 RE(1/2) 13177-0 12/4/90 103.10
Maurice C & Deloris Brinkley 91 RE(2/2) 13177-0 5/16/91 103.10
Villa Inns Inc 91 RE(2/2) 118532-7 6/5/91 47.05
Vicorp Rest. Inc 91 RE(1/2) 1185311-7 12/5/90 47.05
Total 1,780.84
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Ci
84 were approved by
the Council of the City of Virginia
Beac -day of bruar .1992
Jc asur r
Approved as to form:
Ruth Hodges Smith
City Clerk
LE
- 18 -
Item 11-1-1.
APPOINTMENTS ITEM # 35317
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED:
CITIZENS ADVISORY COMMITTEE - COMMUNITY DEVELOPMENT
Three year terms retroactive to 11/1/91 thru 10/31/94
Queen City Ernest Benson
Doyletown Mary Ellen Evans
Lake Smith Willie L. Gordon
Newlight Alice Green
Mill Dam Johnnie Haynes
Burton Station Isaac N. Herbert
At Large Carl J. Nagle
At Large Aaron P. Parsons
Newsome Farms Sadye Shaw
Reedtown Mary E. Smith
Beechwood Joyce C. Venning
Seatack/Atlantic Park Susie Whitehurst
At Large Howard M. Williams
Gracetown Donald Wright
ADVISORS:
Sam Houston, Sr- ( No
Elizabeth McCiane ( term
Delores Turner ( applicable
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
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Item 11-1.2.
APPOINTMENTS ITEM # 35318
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
COMMUNITY CORRECTIONS RESOURCE BOARD
Ernest H. Leeman
Unexpired Term thru 8/31/93
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndort, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
- 20 -
Item 11-1.3.
APPOINTMENTS ITEM # 35319
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
HUMAN RIGHTS COMMISSION
NAME TERM LENGTH TERM DATES
David Abrams Two Years 2/1/92-1/31/94
Jeff Beaton Three Years 2/1/92-1/31/95
Conrado Calpito One Year 2/1/92-1/31/93
Marion Harris Two Years 2/1/92-1/31/94
John Langlois Two Years 2/1/92-1/31/94
H. Frank Malbon Three Years 2/1/92-1/31/95
Angel Morales Two Years 2/1/92-1/31/94
Madeline Nevala One Year 2/1/92-1/31/93
Frank Patterson Three Years 2/1/92-1/31/95
Helen Shropshire Three Years 2/1/92-1/31/95
Lois Williams One Year 2/1/92-1/31/93
Voting: 10-0
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R. Jones,
Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
John A. Baum
- 21 -
Item II-I.4.
APPOINTMENTS ITEM # 35320
Upon NOMINATION by Vice Mayor Fentress, City Council
APPOINTED:
PERSONNEL BOARD
Gloria Coston
Three year term
3/1/92-2/28/95
AND, REAPPOINTED:
Robert T. Hagerman
Michael Savvides
Three year term
3/1/92-2/28/95
Voting: 8-0
Council Members Voting Aye:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Harold Heischober, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent
John A. Baum
Councilman Brazier ABSTAINED as he was currently employed by the City of
Virginia Beach as a police officer in a position in the Commonwealth Attorney's
Office.
Councilman Lanteigne ABSTATNED as he was currently employed by the City of
Virginia Beach as a police officer in a position in the Sheriff's Office.
- 22 -
Item II-J.1.
UNFINISHED BUSINESS ITEM # 35321
ADD-ON
Councilwoman Parker referenced the suggestion of the Virginia Beach School
Board to utilize the West Kempsville Park Site (currently owned City property)
for the West Kempsville Area Middle School.
Vice Mayor Fentress advised this site was to be selected by the School Board.
The City Manager advised the School Site Selection Committee would be meeting
and will provide information to City Council relative this concern.
- 23 -
Item II-J.2.
UNFINISHED BUSINESS ITFM # 35322
ADD-ON
Councilwoman Parker referenced correspondence relative the marina expansion on
the southside of Rudee Inlet and the request by the developer to narrow the
navigational channel and move the center line.
Vice Mayor Fentress advised the City Manager, James K. Spore, and his Chief of
Staff, C. Oral Lambert, Jr., are investigating the allegations to determine
whether the process was properly followed.
- 24 -
Item II-J.3.
UNFINISHED BUSINESS ITEM # 35323
ADD-ON
Councilwoman Parker referenced the PROPOSED RESORT RENTAL CONTRACR. Pursuant
to many inquiries from the general public to allow personal watercraft rentals
on the public beach, the City staff has developed a Request for Proposal (RFP)
to allow one rental operation in the area of Thirty-first Street on the resort
beach. This concept was presented to the Resort Area Advisory Commission and
was endorsed as an activity that would enhance the ongoing revitalization
effort. The City Manager had requested City Council review the proposed RFP
and advise their concerns. This recommendation would involve an ordinance
amendment.
Vice Mayor Fentress advised this type of rental operation has been most
successful in Myrtle Beach. His concern, which he had relayed to the City
Manager, was that any exit/return from the Ocean be very well marked and there
be some provision for protection of the swimmers, as this is a very crowded
portion of the beach. This particular concern was not addressed in the
Ordinance.
- 25 -
Item II-J.4.
UNFINISHED BUSINESS
ADD-ON
ITEM # 35324
Councilwoman Parker referenced two legislative issues: House Bill 847 and
Senate Bill 270.
House Bill 847 concerns exposing Cities to unlimited motorists liability. The
City Attorney advised they have heard from the City of Norfolk as well as other
cities and there is concern about House Bill 847. Last year the General
Assembly placed a cap on the City's exposure of the self-insured to uninsured
motorists of $50,000. The Dale Case out of Newport News basically had undone
that "cap" and then the "cap" was placed on. This Bill is now being introduced
to take that "cap" off, so there will be unlimited liability on uninsured
motorists claims or self-insured. The City Attorney requested Robert Matthias,
Intergovernmental Relations Administrator, inform the City's legislators this
Bill would be disastrous to the City. The City Attorney was confident of this
position as the City's self-insured fund needed protection.
Councilwoman Parker referenced Senate Bill 270 which concerns subdivision plats
which when approved are valid for five years. However, if a building permit has
been issued for construction, it is valid for another five years. Councilwoman
Parker understood the City's building permits are valid for a year and can be
extended for six months.
Assistant City Attorney Macali advised he had spoken with Robert J. Scott,
Director of Planning, relative this Bill and was mystified by its meaning. A
subdivision plat once recorded is valid forever. Mr. Macali did not understand
why someone wants to make it valid for five years. Concerning the portion
related to site plans vesting for five years, again in many cases these plans
vest forever. Localities have traditionally placed limitations on site plans.
This City has a six month period, which can be extended, but once development
commences, the right to finish development generally vests. This Senate Bill
was apparently composed by someone who does not fully understand land use.
Assistant City Attorney William Macali advised once the approval for a site
plan has been granted, and the applicant has gone forward and a new law is
ADOPTED, the individual is not required to proceed. In many cases, vesting
occurs upon the filing of the site plan, even if it is not approved till later.
For an example, if an applicant files a site plan then the Stormwater
Management Ordinance comes into effect, the person is exempt.
- 26 -
Item II-J.4.
UNFINISHED BUSINESS
ADD-ON ITEM # 35325
Mayor Oberndorf referenced the article in the Virginian Pilot/Ledger Star
concerning the report from the Army Corps of Engineers concerning sand
replenishment at Sandbridge.
The City Manager advised copies of this report have been requested. They have
been advised copies will be forwarded to the City Manager for Council Members
by 5:00 P.M. today. After City Council's and City Staff's perusal of this
report, a presentation will be SCHEDTJLED for a Formal Session.
- 27 -
Item 11-L.l.
ADJOURNMENT ITEM 35326
Upon motion by Councilman Sessoms, and BY CONSENSUS, City Council ADJOURNED the
Meeting at 2:53 P.M.
Be ,l 0
Chief Deputy City Clerk
th Hodgr, S.',th, CMCTAAE Mcy-a Obmdorf
City Clerk Mayor
City of Virginia Beach
Virginia