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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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SEPTEMBER 17, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 11:30 AM
A. CAPITAL IMPROVEMENT PROGRAM
FY 1991-1992 - 1995-1996
B. GENERAL FUND, WATER AND SEWER FUND PRELIMINARY FINANCIAL DATA
Giles G. Dodd, Assistant City Manager for Internal Services
ITEM Ii. INFORMAL SESSION - Council Chamber - 1:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress, Presiding
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Vice Mayor Robert E. Fentress
B. INVOCATION: Reverend Larry Shoaf
Virginia Beach Community Chapel
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 - September 3, 1991
G. 14AYOR'S PRESENTATION:
1. PROCLAMATION - OPERATION SUNBURST
Bartow H. Bridges, Jr., Chairman
H. RESOLUTIONS/ORDINANCE
1. Resolution approving the Issuance of Revenue Bonds by the Virginia
Beach Development Authority, In a principal amount not to exceed
$4,000,000, to Sentara Life Care Corporation re financing,
acquisition, construction and equipping facility.
2. Resolution requesting the United States House of Representatives
and Senate adopt a new Flood Insurance Bill re balancing the needs
of protecting the environment with those of existing property
owners.
3. Ordinance to TRANSFER $72,073 from the Reserve for Contingencies re
retirement of outstanding loans of the Virginia Beach Veterans
Committee, Inc. for the Veterans Memorial.
1. PUBLIC HEARING
1. PLANNING
a. VIRGINIA BEACH PUBLIC SCHOOLS - CORPORATE LANDING ELEMENTARY
SCHOOL (PRINCESS ANNE BOROUGH):
1. RECONSIDERATION OF CONDITIONS in the June 13, 1988,
Approved Application of ROBERT W. WHITE, SR., Trustee Under
Will of WILLARD L. WHITE and ELIZABETH H. WHITE, MARGARET
L. WHITE, RICHARD L. WHITE, ROBERT W. WHITE, JR., KATHRYN
W. UTLEY and ROBERT W. WHITE, SR., for a Change of Zoninq
District Classification from AG-1 Agricultural District to
1-1 Light Industrial District in behalf of VIRGINIA BEACH
DEVELOPMENT AUTHORITY 1600 feet West of the intersection of
General Booth Boulevard and Dam Neck Road, containing
148.32 acres, (PRINCESS ANNE BOROUGH).
2. Application of VIRGINIA BEACH CITY PUBLIC SCHOOLS for a
Conditional Use Permit for an elementary school on the
North side of Dam Neck Road beginnlng at a point 469.67
feet West of Meridian Way, containing 18.782 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
b. Application of AMOCO OIL COMPANY for a Conditional Use Permit
for an automotive service station and car wash in con,junction
with a convenience store at the Southwest corner of Northampton
Boulevard and Baker Road (5765 Northampton Boulevard),
containing 1.373 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
c. Application of THE SALVATION ARMY for a Conditional Use Permit
for a rehabilitation center/sanitorium on the North side of
Virginia Beach Boulevard, 250 feet West of Davis Street
(5524 Virginia Beach Boulevard), containing 5.41 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of R. G. MOORE BUILDING CORPORATION for a
modification to the Ocean Lakes Master Plan to allow an
Increase in density (300 multi-family units) on Parcel A-2 on
the East side of Bold Ruler Drive, 1564.9 feet South of Dam
Neck Road, containing 20.791 acres (PRINCESS ANNE BOROUGH).
Referred to Planning Commission: July 2, 1991
Recommendation: APPROVAL
e. RECONSIDERATION of Petition of HILDA W. ARCHBELL for the
discontinuance, closure and abandonment of a portion of Arctic
Avenue beginning at the Southern boundary of Winston-Salem
Avenue and running In a Southerly direction a distance of 150
feet, being 25 feet in width and containing 3,750 square feet
(VIRGINIA BEACH BOROUGH).
Scheduled for Reconsideration: August 13, 1991
f. Application of BANCROFT HALL CORPORATION and T. WAYNE MOSTILER
for a Change of Zoning District Classification from B-2
Community-Business District to R-10 Residential District
450 feet South of Mi I I Dam Road, 749 feet more or less East of
Great Neck Road, containing 25,000 + square feet;
AND,
Application of BANCROFT HALL CORPORATION for a Conditional Use
Permit for a home for the aged, disabled and handicapped on
the South side of Mill Dam Road, 749 feet more or less East of
Great Neck Road, containing 2.37 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVE BOTH APPLICATIONS
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. It an item is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Authorize the City Manager to execute an Agreement with the
Virginia Department of Transportation for the Eastern Phase of
Princess Anne Road Phase Ill (CIP 2-280).
2. Ordinances to authorize acquisition of property in fee simple and
temporary or permanent easements of right-of-way, either by
agreement or condemnation:
a. Queen City drainage Improvements (CIP 2-020)
b. Indian River Road sewer extension (CIP 6-316)
3. Ordinances, upon SECOND READING:
a. APPROPRIATE $267,435 to the Department of Social Services
re funding eight positions and various operating supplies for
the processing of food stamps.
b. APPROPRIATE a $79,949 Federal Block Grant to the Department of
Mental Health, Mental Retardation and Substance Abuse and
increase departmental positions by 2.25 FTE's re perinatal
substance abuse.
c. APPROPRIATE a $16,789 Grant to the Department of Mental Health,
Mental Retardation and Substance Abuse from the Knights of
Virginia Assistance for the Retarded (KOVAR) re Adult Day
Program.
d. APPROPRIATE $16,000 from the Virginia Beach Library Gift Fund
to the Library Department's FY 1991-1992 General'Fund Budget
re purchase of library materials.
4. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $15,000
Grant from the Chesapeake Bay Local Assistance Department; and
TRANSFER $9,201 from the FY 1991-1992 Reserve for Contingencies to
the Division of Environmental Management re Chesapeake Bay
Preservation Area Program.
5. Ordinance, upon FIRST READING, to APPROPRIATE funds in the amount
of $13,000 to the Joint Cable Center re video editing equipment.
6. Ordinance authorizing tax refunds in the amount of $11,874.48.
7. Ordinance authorizing license refunds in the amount of $16,614.69.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 24, 1991 Formal Session 6:00 PM
(CIP Workshop #1)
SEPTEMBER 26, 1991 CIP Public Hearing 7:00 PM
(Princess Anne High School)
OCTOBER 15, 1991 Formal Session 2:00 PM
(CIP Workshop #2)
OCTOBER 22, 1991 Formal Session 6:00 PM
(CIP Workshop #3/Reconciliation)
OCTOBER 29, 1991 Formal Session 2:00 PM
NOVEMBER 5, 1991 Formal Session 2:00 PM
NOVEMBER 12, 1991 Formal Session 2:00 PM
(CIP Public Hearing & First Reading)
NOVEMBER 26, 1991 Formal Session 6:00 PM
(CIP Second Reading)
DECEMBER 3, 1991 Formal Session 2:00 PM
DECEMBER 10, 1991 Formal Session 2:00 PM
DECEMBER 17, 1991 Formal Session 2:00 PM
9/12/91 gs
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Item IV-F.I.
MINUTES ITEM # 34922
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September
17, 1991, as CORRECTED.
Councilman Jones referenced:
Item # 34897, Page 28
PLANNING
Upon motion by Counci Iman Brazier, seconded by
Councilwoman McClanan, City Council MOVED FORWARD
on the PLANNING AGENDA Application of BANCROFT
HALL CORPORATION and T. WAYNE MOSTILER for a Change
of Zoninq District Classification from B-2
Communitv-business District to R-10 Residen i@al
District 450 feet South of Mi II Dam Road, 749 teer
more or less East of Great Neck Road, containing
25,000 +square feet; AND, Application of BANCROFT
HALL C@PORATION tor a Conditional Use Permit for a
home tor,:efagMed, d 's abled and handicappea on Tne
r m
South ill Da Road , 749 teet more or less
East of Great Neck Road, containing 2.37 acres
(LYNNHAVEN BOROUGH).
The vote was Incorrectly stated as 9-0. The correct
vote was 8-1.
Councilman Louis R. Jones VOTED NAY, NOT AYE.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndort
Council Members Absent:
None
Mayor Oberndorf ABSTAINED as she was observing YOM KIPPUR and not in attendance
during the City Council Session of September 17, 1991.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrglnla Beacii, Virginla
September 17, 1991
Vice Mayor Robert E. Fentress called to order the CITY MANAGER'S BRIEFING on
the CAPITAL IMPROVEMENT PROGRAM FY 1991-1992 - 1995-1996 of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September
17, 1991, at 11:30 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf (OBSERVING YOM KIPPUR)
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C IT Y MANA GE R ' S B R I E F IN G
CAP IT A L I M P R 0 V EM EN T P R 0 G R AM
FY 1991-1992 - 1995-1996
11:30 A.M.
Item # 34880
The City Manager advised the Capital Improvement Program and supplemental
analysis have been guided by City Council's resolutions of July 9, 1991, and a
further detailed analysis of financing capacity. The theme of the Capital
Improvement Program FY 1991-1992 - 1995 -1996 is a "A Prudent Pause". The pause
in growth is recommended primarily as a result of a reassessment of fiscal
capacity in keeping with the City's continuing efforts to maintain the
financial strength. All the different aspects of the CIP were studied and
analyzed, particularly its relationship to General Obligation Debt Capacity.
Debt Service Policy recommendations have been encompassed within the report to
consider as guidelines. Roads and Schools have the highest priority within the
CIP. The CIP also attempts to adhere to areas with dedicated tax services, tax
rates or revenue streams for specific purposes. Concerning the competing needs,
backlog issues and limiting impacts on future operating budgets, which result
in actions taken in the CIP, have been examined. Innovative financing
approaches have been developed to relieve the General Fund of its requirements
and to deal with debt and bonding limits. The CIP has been reduced from last
year. The City staff has been especially mindful of the School's first year (FY
1991-92) request, providing 95cts of the requested level of first year funding.
However, the sheer magnitude of the request, both in absolute terms
($212,285,813 over the first five years exclusive of financing to date) and
relative to prior years (an increase of $81,793,813 over last year's CIP for
the same five year period) makes addressing their full five-year request
impossible. The City Manager reconunended the City Council refer the schools
section to the School Board for revision to conform with funding limits, to be
returned to City Council by October 10, 1991.
E. Dean Block, Assistant City Manager for Economic Mangement, advised
concerning the Capital Improvement Program FY 1991-1992 - 1995 -1996, first and
foremost waS to ensure compliance with City Council's July Ninth Resolutions
which provided direct guidance concerning the CIP.
Council Resolutions
1. No increase in the City's annual debt service for
Fiscal Year 1992-93 for purposes other than those
where:
A. It is necessary to meet obligations created
by on-going projects and bonds currently
authorized, appropriated, and issued;
B. There is special dedicated tax funding; or
C. The project is to be funded through
enterprise fund debt service.
2. Borrowing plan alternatives based upon:
A. The extension of the current Capital
Improvement Program;
B. The annual moderate growth assessed valuation
assumption; and
C. Cutting $200,000,000 from the full borrowing
plan as presented in the report.
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C IT Y MANA GE R ' S B R I E F IN G
CAP IT A L I M P R 0 V EM EN T P R 0 G R AM
FY 1991-1992 - 1995 -1996
Item # 34880 (Continued)
DEBT POLICIES
1. Total Annual Debt Service for General Goverriment-
supported Debt will not exceed 12.5% of general
government budgeted expenditures.
2. General obligation debt will not exceed 100% of the
3-year Moody's Median Ratio of General Obligation
Debt to assessed value for cities of comparable
size or 3.5% or assessed value, whichever is
lesser.
3. Total General Obligation Debt per capita will not
exceed 125% of the 3-year Moody's Median Ratio of
General Obligation Debt per capita for cities of
comparable size or $1,300 per capita whichever is
lesser.
4. Total General Obligation Debt per capita shall not
exceed 6.5% of per capita personal income.
5. The debt structure of the government will be
managed in a manner that results in minimal
deviation from the indicators listed in the debt
policy.
DEBT POLICIES
PROJECTED
POLICY CURRENT 5 YEAR AVG. PEAK YEAR
STANDARD (6/30/91) FY 92/FY 96
Debt Service to
General Goverrunent
Expenditures 12.5% 8.12% 9.73% 10.28%
Debt to Assessed
Value 3.4% 2.5% 2.94% 3.1 %
Debt Per Capita $1,300 $1,003 $1,202 $1,290
Per Capital Debt
to Per Capita 6.5% 5.61 6.0% 6.1%
Income
FINANCING THE CIP
5-Year Total %
SCHOOLS $ 224,933,649 32.7
ENGINEERING & HIGHWAYS 350,171,886 50.9
BUILDING 72,504,138 10.5
PARKS & RECREATION 40,364,154 5.9
SUBTOTAL GENERAL GOVT. $ 687,973,827 100.0
WATER & SEWER UTILITY $ 357,153,289 85.4
STORMWATER (UTILITY) 60,961,942 14.6
SUBTOTAL UTILITIES $ 418,115,231 100.0
GRAND TOTAL $1,106,089,058
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C IT Y MANA GE R ' S B R I E F IN G
CAP IT A L I M P R 0 V EM EN T P R 0 G R AM
FY 1991-1992 - 1995-1996
Item # 34880 (Continued)
The YY 1991-1992 - 1995 - 1996 CIP is approximately $73-MILLION less than last
year's CIP. The impact of the policies and City Council's Resolutions is
particularly clear upon reviewing the first year of the Capital Improvement
Program.
SCHOOLS $ 15,196,962 30.5
ENGINEERING & HIGHWAYS 27,742,414 55.7
BUILJ)ING 3,926,749 7.9
PARKS & RECREATION 2,930,870 5.9
SUBT(YTAL GENERAL GOVT. $ 49,796,995 100.0
WATER & SEWER UTILITY 15,770,000 83.9
STORMWATER (UTILITY) 3,028,294 16.1
SUBT'OTAL UTILITIES $ 18,798,294 100.0
GRAND TIOTAL $ 68,595,289
Mr. Block advised for comparison, the Total FY 1990-92 Capital Budget was
$93,071,579 and the Total FY 1992-92 Capital Budget is $68,595,289, a reduction
of $24,476,290.
Mr. Block again advised the City is unable to recommend full funding for the
construction program proposed by the School Board. The recommended level of
funding will provide 95% of the requested amount in the first year of the
program. The School Superintendent and his staff are working on a comprehensive
review of the educational program which will impact future capital requests.
Mr. Block advised other highlights of the Capital Improvement Program YY 1991-
1992 - 1995 -1996
ROADWAYS
Last year's program continues with limited delays in
projects due to funding.
Sufficient funds are allocated for residential land
acquisition in conjunction with Independence Boulevard -
Phase TV
The $30-MILLION Referendum scheduled for 1992 has been
deleted and charter and road bonds have been
substituted.
Use of road bonds has been continued.
Modest use of Proffer revenues from Transition Zone I
and II are included in later years.
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C IT Y MANA GE R ' S B R I E F IN G
CAP IT A L I M P R 0 V EM EN T P R 0 G R AM
Fy 1991-1992 - 1995-1996
Item # 34880 (Continued)
STORMWATER:
This section is directly tied to the adoption of an
envirorimental services utility to provide a revenue
stream.
All projects identified as "backlog" are funded in the
10-year program
COASTAL:
This is a new subsection of the CIP and identifies
projects which relate to beaches and waterways.
Several projects, which are awaiting federal and state
funding, have city financing only for planning purposes.
BIKEWAYS:
This section has been deleted in order to assist in
meeting other priority needs.
RESORT:
Last year's program continues with few modifications.
Major new initiatives are not proposed.
A special resort area maintenance program will begin in
FY 1992-93 funded through dedicated revenues.
BUILDINGS:
Several building projects have been delayed due to
funding considerations.
All funding made available by these delays has been
reprogrammed to Schools.
PARKS AND RECREATION:
Projects financed with dedicated funding sources will
continue in this year's CIP.
Major new initiatives are not proposed and projects
without dedicated revenue sources will be delayed.
WATER AND SEWER:
Last year's program continues with few modifications,
including Sandbridge sewer project, neighborhood
projects and projects necessary to meet the demands of
customers for a safe and effective system.
Concerning Section 15.1-1271 of the Code of Virginia and the Public Recreation
Facilities Authorities Act allows localities to establish an authority which
can undertake a wide variety of recreational facility projects, including
convention centers, museums and sport facilities of various types. Further
information will be provided relative the impact to the CIP.
6
C I T Y M A N A G E R S B R I E F I N G
C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
FY 1991-1992 - 1995-1996
Item # 34880 (Continued)
Debt Per Capita is a standard indicator utilized by the marketplace.
Information will be provided concerning its relevancy as an indicator.
Concern was expressed regarding the elimination ot certain fire stations,
particularly the deletion of the General Booth Station. Statistics and criteria
will be provided to City Council.
A Briefing wlll be provided relative an Environmental Service Fee to cover the
costs of stormwater management. This monthly fee would be charged to all
developed parcels in the City, based on their actual contribution to stormwater
run off, but would exclude cultivated land.
Alternatives will be developed and presented to City Council concerning
Bikeways. Information will be provided about the method of providing roadways
with space for bikeways utilized by North Carolina and the possibility of the
City adopting a similar plan at least for the acquisition ot sufficient
property to provide them in the future. Bikeways might also be encouraged in
the development of subdivisions and coordinated with the City Parks.
The APPENDICES was deleted from the proposed CIP, but coples will be provided
to City Council.
BY CONSENSUS, the City Council referred the schools section of the Capital
Improvement Program to the School Board for revision to conform with funding
limits, to be returned to City Council by October 10, 1991. Particular concern
was expressed relative Ocean Lakes High School.
7
C I T Y M A N A G E R S B R I E F I N G
GENERAL FUND, WATER AND SEWER FUND PRELIMINARY FINANCIAL DATA
12:35 P.M.
Item # 34881
Gi I es G. Dodd, Ass i stant Ci ty Manager f or Internal Services, distributed
exhibits displaying preliminary unaudited General Fund and Water and Sewer Fund
Data for the Fiscal Year Ending June 30, 1991. Said Information is hereby made
a part of the record.
The following exhibits were delineated:
EXHIBIT A Comparison of General Fund Balances FY 1991 and
FY 1 990
EXHIBIT A-1 Comparison of General Fund Revenues - Budgeted
and Actual FY 1991 and FY 1990
EXHIBIT A-2 Comparison of General Fund Expenditures -
Budgeted and Actual - FY 1991 and FY 1990
EXHIBIT A-3 Comparison of General Fund Balances - June 30,
1986 - 1991
EXHIBIT B Comparison of Water & Sewer Revenues, expenses
and Retained Earnings Balances - FY 1991 and FY
1990
EXHIBIT B-1 Comparison of Water & Sewer Retained Earnings
Balances - June 30, 1986 - 1991.
Mr. Dodd related the Undesignated Fund Equity for June 30, 1991: $47,761,799
and June 30, 1990: $46,397,197. As this an Increase for 1991 over 1990, this is
extremely good news due to the economic times. There are few cities In the
Country which actually Increase the fund balance. Some of the steps Initiated
by the City Manager and the Budget Office were most beneficial.
Relative the Water and Sewer Enterprise Fund, Retained Earnings on June 30,
1990 were $84,415,668 as compared to $67,179,489 on June 30, 1990.
8
I T E M S 0 F T H E C I T Y M A N A G E R
Item # 34882
The City Manager distributed Summary Listings of the positions efffected by
Early Retirement, the frozen positions and the offsetting deletions. Said
information is hereby made a part of the record.
A total ot forty-five (45) Individuals elected to take advantage of the State's
early retirement program. An equal number of positions, forty-five (45), have
been deleted which total approximately $1.3-MILLION in salaries, not including
benefits.
Figures denoting the actual savings of early retirement will be provided to
City Council at a later date.
One hundred and four (104) positions remain frozen. A computer listing of these
"frozen" positions will be provided to Clty Council.
The City Manager was directed by consensus of City Council to fill none of the
"frozen" positions without prior Council approval.
9
Item 34883
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Vice Mayor Robert E. Fentress in the Counci I Chambers, City Hal I Bui Iding, on
Tuesday, September 17, 1991, at 1:05 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
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item # 34884
Vice Mayor Robert E. Fentress entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public ofticers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments; Community Development Citizens Advisory Committee
Hampton Roads Air Pollution District Commission
Historical Review Board
Transportation Safety Commission
Advertising Advisory Review Committee
Board of Building Code Appeals
(New Construction Division)
Public Library Board
Upon motion by Counci Iman Heischober, seconded by Counci Iman Jones, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndort
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 17, 1991
2:00 P.M.
Vice Mayor Robert E. Fentress called to order the FORMAL SESSION ot the
VIRGINIA BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on
Tuesday, September 17, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
INVOCATION: Reverend Larry Shoaf
Virginia Beach Community Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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Item Ill-E-1-
CERTIFICATION OF
EXECUTIVE SESSION Item # 34885
Upon motion by Counci Irnan Heischober, seconded by Counci Iman Jones, 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 resolutlon 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., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34884,
Page No. 10 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
th Hodge. lth, CMCIAAE
City Clerk September 17, 1991
13 -
Item 111-F-1.
MINUTES Item # 34886
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Heischober, CitY
Council APPROVED the Minutes of the INFORMAL AND FOR14AL SESSIONS of September
3, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
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Item Ill-G.l.
CITY MANAGER'S PRESENTATION
PROCLAMATION Item # 34887
The PROCLAMATION - OPERATION SUNBURST was RESCHEDULED for the City Council
Sesslon of September 24, 1991.
- 15 -
Item 111-H.l.
RESOLUTIONS/ORDINANCE Item # 34888
Upon motion by Counci lman Heischober, seconded by Counci lman Sessoms, City
Council ADOPTED:
Resolution approving the Issuance of Revenue Bonds
by the Virginia Beach Development Authority, in a
principal amount not to exceed $4,000,000, to
Sentara Life Care Corporation re financing,
acquisition, construction and equipping facility.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Oberndorf
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, APPROVING THE
ISSUANCE OF REVENUE BONDS TO
SENTARA LIFE CARE CORPORATION
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Sentara
Life Care Corporation, a Virginia nonstock corporation (the
"Company"), for the issuance of the AUthority's revenue bonds
in an amount not to exceed $4,000,000 (the "Bonds") to assist
in the financing of the Company's acquisition, construction
and equipping of a 120 bed nursing home and an 80 bed assisted
living facility consisting of one approximately 48,140 square
foot building and another approximately 34,060 square foot
building (all improvements and land being collectively
referred to as the "Facility") to be located on an approxi-
mately 10.38 acre parcel of land approximately 230 feet north
of South Boulevard and bounded on the north by the Virginia
Beach - Norfolk Expressway, also approximately 250 feet east
of the northern terminus of Presidential Boulevard and also
approximately one-third of a mile north of Windsor Woods
Elementary School, and has held a public hearinq thereon on
August 20, 1991; and
WHEREAS, the Authoritv has requested the City Council
(the "Council") of the City of Virginia Beach, Virginia (the
"City"), to approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code"); and
WHEREAS, pursuant to SS 15.1-1378.1 of the Code of
Virginia 1950, as amended, a copy of the Authority's resolu-
tion approving the issuance of the Bonds, subject to terms to
be agreed upon, and a reasonably detailed surmnary of the
comments, if any, expressed at the public hearing have been
filed with the Council of the City;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the issuance of
the Bonds by the City of Virginia Beach Development Authority
in a principal amount not to exceed $4,000,000 for financing
the acquisition, construction and equipping of the Facility
for the benefit of the residents of the City, to the extent
required by Section 147(f) of the Code, to permit the Authority
to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds does not
constitute an endorsement of the Bonds or the creditworthiness
of the Company; but, pursuant to Chapter 643, Virginia Acts
of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay
the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor,
and neither the faith or credit nor the taxing power of the
Commonwealth, the City or the Authority shall be pledged
thereto.
3. In approving this Resolution, the City, including
its elected representatives, officers, employees and agents,
shall not be liable and hereby disclaims all liability for
any damages to any person, direct or consequential, resulting
from the Authority's failure to issue bonds for the Facility
for any reason.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on September 17 , 1991.
I certify the foregoing to be a true and correct copy of
a resolution adopted by the City Council of the City of
Virginia Beach, Virginia, on September 17, 1991.
Ruth Hodges Smith
City Clerk
2
SUMMARY Siii7ET
CITY OF VTRCItilA 13-rACTI DRVFLOPMENT AIJTIIORITY
INI)USTRIAI, DrVEI,OPtir@NT RrVr-,NUE BOND
1. PROJEc,r NAME, SENTARA LIFE CARE CORPORATION
2. L,OCATION: APPROXIMATELY 250 FEET EAST OF THE
NORTHERN TERMINUS OF PRESIDENTIAL BLVD.
3. DESCRIPTTON OF PROJECT! 120 BED NURSING HOME AND AN 80 BED
ASSISTED LIVING FACILITY
4. AMOUNT OF BOND ISSIJE: $4,000,000
5. PRINCIPALS- SENTARA LIFE CARE CORPORATION
6. ZONING C[,AS,@IFICATION!
a. Prpsent zoniiltj
classification of Llie
Property CONDITIONAL USE
b. Is rezoning proposed? Yes No x
C. If so, to wliat zonitig
classification?
NOTE: TilIS DOCUMENT tiUST 13F@ ON 8-1/2 x 14 INCII PLAIN BOND PAPER.
1 1/5/S 3
FISCAL, IMPAC'R
DA*rE: AUGUST 20, 1991
TO: Tllr. ci,ry COI]tlCl[, OF Vtil(;[tJ[A C3FACII, lllizt;l;jla
PFZOJECT TIA@IE: SENTARA LIFE CARE CORPORATION
TYPE OF FACILT'RY: NURSING HOME AND ELDERLY ASSISTED LIVING FACILITY
1. Maxiinum ainount of fitiaticing souali@- $ 4,QOO@j-qgo -------
2. Estimate(I Laxable valtie or tiie facility 's
real property to 13,? constrticted ill til@
municip,ility $ 7_,OqOkQO
3. r@stitnaterl real pr()[)ert-v -1 r ye-)
- L@x le- r
using present tax rates $ 7 6 , 2 7
4. Estimated persoiial PrOP@-tty Llx pp-r
year using preserit tax rates $ 5,6, 810
5. FstitnatP-(3 mp-rcliants' capital
liceiise) Lax per yf,@ir ti.,;irig pr@!;frit-. t--,ix
r;i t e.- s Ni@ ------
6. Estimated (Jollar vallie [)er year o[
and services Lliat will be t)urciiaqecl
locally 7@00,@O
7. E.,tiinated liumt)(,r o[ reglilar emt)loyee.-, oil
year round basis 135
B. Average antiual salary per Pinplo,/ee 5 l@,948
The information cojitainpl ill [--Ilis cLa@eiTierit is I)asp,l solel-,
on lacls and estimates PrOvidPd [)y Llie Api)licalit, an(3 til-
Authority lias made tio inclependent itivestigation witil repect
thereto.
City of Virgiiiia Beacli
DCIII?Ioprilf?nL ALitliority
By-- -
EcOttamic Inipact St-atemerit
1. Amotilit or iilvestnletlt $8,525,000
2. Amount of in(]Listrial revent.le bori(i fit iariciiiq
souglit $4,000,000
3. Estimated taxable value of tile facility,s
real property to I)e 4corIF;trLIct"I ill tile city
c)f Virginia Beach $7,030,000
4. Estimated real propert
Y tax per ypar usiriq
Present tax rate 7 66 2 7
5. Estimated personil prof)etty tax rate 56 @io
6. Ecot)omic im act
ta t (mL n t t r a t i liq L @l c
Over@ill Kettirn to ttie city:
A. Number of new jobs 135
B- Pa YrO I I 9 e ti e ra t e d $ 1, 7 4 8, 0 0 0 A,,. ,g 1 2, 9 4 8
C. Number of jobs retainbd N/A
D. Payroll retained $ N/A Av. Wage N/A
E. Estimate of ttie value of goods. and Services purcliase,i
within the g"rapliic boundary of Virginia Beacti by
type (inventory, machinery, professional serviceq,
insurance, motor vehicles, etc.):
Type Value
TOTAL S 3,700,000
See Schedule I
SCHEDULE I
TYPE VALUE
Supplies (including medical) $ 260,000
Utilities 178,000
Real Estate/Payroll Taxes 252,000
Food Costs 245,000
Repairs & Maintenance 128,000
Depreciation/Interest 680,000
Insurance 25,000
Professional Services 21,000
Medical Equipment Rental 40,000
other (miscellaneous) 123,000
Salaries 1,748,000
TOTAL $3,700,000
c,
t-3
t4 Joins Map 20
PROJECT NAME: Sentara Life Care Corporation
PROJECT ADDRESS: South Boulevard - no street address yet issued
TYPE OF PROJECT: Nursing Home and Elderly Assisted Living
Facility
- 16 -
Item 111-H.2.
RESOLUTIONS/ORDINANCE Item # 34889
The followlng registered in OPPOSITION to HR 1236/SB 1650:
Linwood Branch. 773 Arctic Avenue, Phone: 428-6141, represented the Virginia
Beach Hotel/Motel Association
Helen McDonald, 2360 Sandfiddler Road
Grigsby Scifres, Chairman of the Legislatlve Affairs Committee of the Virginia
Beach Division of the Hampton Roads Chamber of Commerce
Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000, represented self
and Back Bay Citizens Alllance
Glen Russell, 222 Mustang Trail, Phone: 340-9700, represented the Tidewater
Association of Realtors and presented a letter In OPPOSITION. Said letter is
hereby made a part of the record.
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED, AS REVISED:
Resolution requesting the United States House of
Representatives and Senate defeat proposed new
Flood Insurance Bills (H.B. 1236/S.B. 1650) and to
work with State and Local Governments as well as
Individual property owners to address future
concerns.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
RESOLUTION REQUESTING THE HOUSE OF REPRESENTATIVES AND THE
sENATE TO DEFEAT PROPOSED NEW FLOOD INSURANCE BILLS AND TO
WORK WITH INTERESTED STATE AND LOCAL GOVERNMENTS AS WELL AS
INDIVIDUAL PROPERTY OWNERS TO ADDRESS FUTURE CONCERNS.
WHEREAS, the House of Representatives has passed HR-1236, the
National Flood Insurance mitigation and Erosion Management Act Of
1991; and
WHEREAS, the senate is now considering the House Bill as well
as its own version, Senate-1650; and
WHEREAS, if the biiis are adopted as currently proposed they
would have the effect of inverse condemnation; and
WHEREAS, the original intent of the National Flood Insurance
Program was nOt tO direct federal land use control over private
property; and
WHEREAS, the current -National Flood Insurance Fund is
financially strong and self supported through the use of earned
premium income, and not through the appropriations of Public money;
and
WHEREAS, there are many concerns about the bills that are
unable to be answered at the present time by either the FE14A staff
or the House/Senate staffs.
NOW THEREFORE BE IT RESOLVED by the council of the City of
Virginia Beach that Congress is requested to defeat HR-1236 and
Senate-1650; and
BE IT FURTHER RESOLVED that if congress has additional
concerns about the National Flood Insurance Program that it is
requested to work with interested state and local governments as
well as individual property owners to address those concerns.
Resolved by the Council of the City of Virginia Beach on 17
day of September 1991.
- 17 -
Item 111-H.3.
RESOLUTIONS/ORDINANCE Item # 34890
Wi IIlam L. Myers, ChaIrman of the Mayor' s Veterans Comrnittee, adv l sed recel pt
of the Virginia Beach Arts and Humanities Commission Laszlo Aranyi Memorial
Design Award for Excellence.
Helen Taylor, Secretary - Vietnam Veterans of America Chapter 48 - extended
appreciation to City Council.
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council
ADOPTED:
Ordinance to TRANSFER $72,073 trom the Reserve for
Contingencies re retirement of outstanding loans of
the Virginia Beach Veterans Committee, Inc. for the
Veterans Memorial.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Heischober ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E)
of the Code of Virginia, he is President of Virginia Beach Veterans Memorial
Committee, Inc. and a personal guarantor on a $150,000 loan from Sovran Bank to
the Committee. Councilman Heischober declared the City Attorney advised him his
personal interest meets the criteria of a personal interest in the transaction
under the Conflict of Interests Act, and he was not able to particlpate in the
transaction. Councilman Heischober's letter of September 17, 1991, Is hereby
made a part of the record.
Cit@@f NTilr"iTaiEl
HAROLD HEISCHOBER 4372 HOLLAND ROAD
COUNCILMAN-AT-LARGE VIRGINIA BEACH, VIRGINIA 23452
(804) 499-S5GO
(804) 464-4910
September 17, 1991
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. Srnith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the Council
discussion and vote on an ordinance to transfer $72,073.000 from the Reserve
for Contingencies to refire outstanding loans of the Virginia Beach Veterans
Committee, Inc.
2. The nature of my personal interest in that I atn President of Virginia Beach
Veterans Committee, Inc., that I am a personal guarantor on a $150,000 loan
from Sovran Bank to the Committee, and that there is an outstanding balance
of $45,000 on the Sovran note. In addition, the Council has been asked to
forgive a debt of $27,072.24 of the Comniittee to the City.
3. The City Attomey has advised me that I am required to disclose my personal
interest as it meets the criteria of a personal interest in the transaction under
the Conflict of Interests Act, and that I am disqualified from participafing in
this transaction.
Mrs. Ruth Hodges Smith -2- September 17, 1991
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
S@erely,
14@o@d@, c@,ber
Councilman
HH/clb
Enclosure
LESLIEL LILLEY U@ICIP@L CENTER
CI'Y ATTORNEY IIRGI@IA BEACI. IA 23@56 9001
(80@) 1271531
FAX (W4) @26 5687
September 13, 1991
Councilman Harold Heischober
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Act
Dear Councilman Heischober:
I am writing in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on an ordinance to transfer $72,073.00
from the Reserve for Contingencies to retire outstanding loans of the Virginia Beach
Veterans Comniittee, Inc. The ordinance is scheduled for consideration at the September
17, 199i, meeting of the City Council.
SUMMARY CONCLUSION:
From my review of the Conflict of Interests Act and the information provided by you
as referenced below, I am of the opinion that you have a personal interest in City Council's
consideration and vote on the above-referenced ordinance as a result of your personal
interest in the Virginia Beach Veterans Committee, Inc. Therefore, it is my opinion that
you are disqualified from participating in this transaction of the City Council and you are
required to disclose your personal interest to the City Clerk. I have set out the disclosure
requirements of SS 2.1-639.14(E) at the end of this letter.
I base the aforesaid conclusions on the fouowing facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are coffect and complete.
FACTS PRESENTED:
Your request for an advisory opinion is generated by the City Council discussion and
vote on an ordinance to transfer $72,073.00 from the Reserve for Contingencies to retire
outstanding loans of the Virginia Beach Veterans Committee, Inc. The Virginia Beach
Councilman Harold Heischober -2- September 13, 1991
Re: Conflict of Interests Act
Veterans Committee, Inc., a non-profit 501(c)(3) corporation, began p@g construction
of the Virginia Beach Veterans Memorial in 1983. In December of 1983, City Council
unanimously accepted the City Manager's recommendation to ahocate the median island on
19th Street, south of the Pavilion, as the site for the Memorial. Fund raising efforts
commenced in 1984; a contract for construction of the Memorial was awarded in July 1987;
and the Memorial was dedicated to the City on May 30, 1988. In addition to the base
contract amount of $465,360.00, the City advanced the Committee $27,072.24 for change
orders, an amount which is still outstanding. Furthennore, in order to complete the
Memorial when fund raising faltered, the Comniittee boffowed $150,000.00 from Sovran
Bank. The Sovran note has an outstanding balance of $45,000.00.
Due to its inability, after continued and intensive efforts, to raise additional funds
through contributions, the Committee requested the City to forgive the debt of $27,072.24
outstanding to the City, and to make a contribution of $45,000.00 to enable the Committee
to retire the Sovran note.
You have advised that your concem, and reason for requesting this opinion, is that
you are President of Virginia Beach Veterans Comniittee, Inc., and that you are a personal
guarantor on the Sovran note. Based on the Comniittee's liniited assets, you have incurred
personal liability on behalf of the Committee which exceeds three percent (3 %) of its asset
value.
ISSUE PRESENTED:
Are you precluded from participating in the City Council discussion and vote on an
ordinance to transfer $72,073.00 from the Reserve for Contingencies to retire outstanding
loans of the Virginia Beach Veterans Committee, Inc.?
DISCUSSION:
1. Applicable Derinitions of The Act.
A. City Council is a "govemmental agency" as defined in SS 2.1-639.2 of the
Virginia State and Local Govemment Conflict of Interests Act as it is a legislative branch
of local govemment.
B. The Virginia Beach Veterans Committee, Inc. is a "business" as defmed in SS 2.1-
639.2 of the Act.
C. You are an officer within the meaning of SS 2.1-639.2 of the Act.
D. A "transaction" is defined by the Act as any matter considered by any
govemmental agency on which official action is taken or contemplated.
Councilman Harold Heischober -3- September 13, 1991
Re: Conflict of Interests Act
E. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liabihty
which accrues to an officer, employee, or to a member of his immediate famfly. The
interest exists by reason of one of five categories specified therein as: 1) ownership in a
business if the ownership interest exceeds 3 % of the total equity of the business; (2) annual
income from ownership in real or personal property or a business in excess of $10,000.00;
3) salary from the use of property or paid by a business diat exceeds $10,000.00 annuauy;
4) ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; or 5) personal hability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
F. A "personal interest in the transaction" exists when an officer or employee or a
member of his fimediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as a result of the agency considering the transaction.
U. Application of Derinitions.
A. Personal Interest
You have advised that you are a personal guarantor on a $150,000.00 note payable
to Sovran Bank, and that $45,000.00 is stih due and payable on the note. Therefore, you
have a "personal interest" in Virginia Beach Veterans Committee, Inc., since you have
incurred liability on behalf of the Committee which exceeds three percent (3%) of its asset
value.
B. Personal Interest in the Transaction
You have a "personal interest in the transaction" as defined by the Act by virtue of
the fact that Virginia Beach Veterans Co@ttee, Inc. is the subject of the transaction and
you would realize a reasonably foreseeable direct or indirect benefit or detriment as a result
of Council's consideration of the ordinance.
III. Prohibitions and Disclosure Requirements.
Based on the fact that the transaction has apphcation solely to a business in which
you have a personal interest, and it is reasonably foreseeable that you may realize a benefit
or de@ent as a result of City Council's consideration of the ordinance, SS 2.1-639.1 I(A)(1)
disqualifies you from participating in the transaction. AdditionaRy, you must disclose your
personal interest in accordance with SS 2.1-639.14(E). Enclosed please find a written
disclosure form. You must file your disclosure with the City Clerk, and such disclosure is
Councilman Harold Heischober -4- September 13, 1991
Re: Conffict of Interests Act
to be reflected in the public records for a period of five (5) years from the date of recording
or receipt.
Please contact me should you desire any additional infon-nation.
Very truly yours,
Leslie L. Lifle
City Attomey
LLL/RMB/clb
Enclosure
1 AN ORDINANCE TO TRANSFER $72,073.00
2 FROM THE RESERVE FOR CONTINGENCIES TO
3 RETIRE OUTSTANDING LOANS OF THE VIRGINIA
4 BEACH VETERANS COMMITTEE, INC.
5 WHEREAS, in 1983, the Virginia Beach Veterans Conmittee,
6 Inc. (the "Committeell) began planning construction of the Virginia
7 Beach Veterans Memorial (the "Memorial");
8 WHEREAS, the Committee commenced intense fund-raising
9 efforts in 1984; and the Memorial was completed and subsequently
10 dedicated to the City on May 30, 1988;
11 WHEREAS, pending receipt of sufficient contributions to
12 complete construction of the Memorial, the City loaned the
13 Committee $27,072.24 for change orders, and the Committee borrowed
14 $150,000.00 from Sovran Bank;
15 WHEREAS, notwithstanding the intensity of its fund-
16 raising efforts and the generosity of the contributions the
17 Committee has received to date, the Committee's ability to raise
is additional funds has come to a virtual standstill;
19 WHEREAS, the $27,072.24 debt to the City remains
20 outstanding, and the balance on the Sovran note is $45,000.00;
21 WHEREAS, due to its inability to raise additional funds,
22 the Committee has recently requested City Council to forgive the
23 debt owed to the City and to retire the Sovran note on its behalf;
24 WHEREAS, the Memorial is an inspiring tribute to the many
25 men and women who have served so valiantly to preserve our freedom
26 and to protect the rights of others throughout the world; and
27 WHEREAS, granting the committee's request would be an
28 appropriate manner in which to further recognize the sacrifices of
29 our veterans, and the Committee's efforts to pay tribute to those
30 veterans.
31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
32 OF VIRGINIA BEACH, VIRGINIA:
33 That $72,023.00 is hereby transferred from the Reserve
34 for Contingencies for the purpose of forgiving a $27,072.24 loan
35 to the Virginia Beach Veterans Committee, Inc., and retiring the
36 $45,000.000 balance of a Sovran loan to the Committee, to enable
37 the Committee to complete its funding of the Virginia Beach
38 Veterans Memorial.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 17 day of September 1991.
41 CA-4434
42 VETERAN.ORD
43 R-2
AP
w
C)FFICE i
VALUATRW
2
- 18 -
Item 111-1.1.
PUBLIC HEARING Item # 34891
PLANNING
Vice Mayor Robert E. Fentress DECLARED a PUBLIC HEARING on:
PLANNING
(a) VIRGINIA BEACH PUBLIC SCHOOLS RECONSIDERATION OF CONDITIONS
(CORPORATE LANDING ELEMENTARY SCHOOL) (WHITE/VIRGINIA BEACH DEVELOPNENT
AUTHORITY - 6/13/88)
CONDITIONAL USE PERMIT
(b) AMOCO OIL COMPANY CONDITIONAL USE PERMIT
(c) THE SALVATION ARMY CONDITIONAL USE PERMIT
(d) R. G. MOORE BUILDING CORPORATION MODIFICATION TO THE OCEAN LAKES
14ASTER PLAN
(e) HILDA W. ARCHBELL RECONSIDERATION / STREET CLOSURE
(f) BANCROFT HALL CORPORATION CHANGE OF ZONING
and T. WAYNE MOSTILER
AND
BANCROFT HALL CORPORATION CONDITIONAL USE PERMIT
1 9
Item 111-I.I.a.l./2.
PLANNING Item # 34892
Marvin Meirose, 1578 Hummingbird Lane, Phone: 422-4316, advised the homeowners
were assured the stub street would remain closed and a berm constructed
adjacent to the property. Mr. Melrose wished these conditions be satisfied.
Mark Wawner, Project Development Manager - Economic Development, and Tony
Arnold representing the School Board, responded to City Counci I's concerns
and advised the only condition to be AMENDED would be allowing the
construction of an elementary school in the RD-1 District.
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council AUTHORIZED WAIVER OF CONDITIONS to al low construction of Corporate
Landing Elementary School In the June 13, 1988, Approved Application of ROBERT
W. WHITE, SR., Trustee Under Will of WILLARD L. WHITE and ELIZABETH H. WHITE,
14ARGARET L. WHITE, RICHARD L. WHITE, ROBERT W. WHITE, JR., KATHRYN W. UTLEY and
ROBERT W. WHITE, SR., for a Change of Zoning District Classification from AG-1
Agricultural District to 1-1 Light Industrial District In behalf of VIRGINIA
BEACH DEVELOPMENT-AUTHORITY 1600 feet West of the intersection of General Booth
Boulevard and Dam Neck Road, containing 148.32 acres.
The Covenants and Conditions are hereby modified
and revised to al low public and private schools,
col leges and universities on Parcel RD-1 in the
Research and Development Office Warehouse District.
The amended agreement is hereby made a part of the
proceedings.
A N D,
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CITY
PUBLIC SCHOOLS FOR A CONDITIONAL USE PERMIT FOR AN
ELEMENTARY SCHOOL R09911390
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach City
Public Schools for a Conditional Use Permit for an
elementary school on certain property located on
the north side of Dam Neck Road beginnlng at a
point 469.67 feet west of Meridian Way. Said parcel
contains 18.782 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. A rolling earthen berm wlth a minimum height of
four feet up to approximately ten feet with
appropriate evergreen plants and/or a combination
fence with landscaping Is required along the
northern property line to provide a butter between
the school site and the adjacent Industrial parcel.
2. Required berms must be constructed in a manner
which minimizes Impacts to adjacent vegetation
Inclusive of constructing the berm outside of the
dripline of adjacent trees.
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
Seventeenth of September, Nineteen Hundred and Ninety-One.
- 20 -
Item Ill-l.l.a.l./2.
PLANNING Item # 34892 (Continued)
Voting: 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
O.. .0. @.S. Is
Cit@(Z)f -Vir-jgi@ici 13@ek@ti
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. CA-4403
DATE: September 10, 1991
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress@ DEPT: City Attorney
RE: Virginia Beach Development Authority
Reconsideration of Conditions
Council Action Date: September 17, 1991
In the referenced application the Virginia Beach Development
Authority is requesting the Council to permit the amendment of
conditions attached to a rezoning granted on June 13, 1988. The
enclosed agreement will effectively document the amendment. The
agreement is acceptable as to legal form. should Council approve
this request, a certified copy of the ordinance granting the
approval should be attached to the agreement prior to recordation.
GLF/dhh
Enclosure
THIS AMENDMENT OF COVENANTS AND CONDITIONS, made this llth
day of sppfpmbprp 1991, by and between the DEVELOPMENT AUTHORITY
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, also know as the CITY OF
VIRGINIA BEACH DEVELOPMENT AUTHORITY, party of the first part, and
the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the second part.
W I T N E S S E T H
WHEREAS, the party of the first part is the owner of two
parcels of land designated as Parcel 1, 148.32 acres and Parcel
2, 103.884 acres, (hereinafter the "Property");
WHEREAS, by instrument dated June 13, 1988, and recorded in
the Clerk's office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed book 2845, at page 1773, (hereinafter the
"Covenants and Conditions"), certain restrictions, covenants and
conditions affecting the Property and the use thereof were
imposed;
WHEREAS, the Covenants and Conditions do not allow public
and private schools, colleges, and universities in the Research
and Development office Warehouse District;
WHEREAS, the Covenants and Conditions provide that any
amendment thereto be "by written instrument recorded in the
Clerk's office of the Circuit Court of the city of Virginia Beach,
Virginia, and executed by the record owner of the subject property
at the time of recordation of such instrument... " and further
provide that the instrument shall be "consented by the Grantee in
writing as evidenced by a certified COPY of an ordinance or a
resolution adopted by the governing body of the Grantee, after a
public hearing before the Grantee advertised pursuant to the
provisions of the Code of virginia, Section 15.1-431, which said
ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent;,,
WHEREAS, the Council of the city of Virginia Beach has
consented to this Amendment as evidenced by an Ordinance, adopted
in accordance with the provisions of the covenants and Conditions,
a certified copy of which is attached hereto as Exhibit "A."
NOW, THEREFORE, the aforementioned Covenants and Conditions
are hereby modified and revised to allow public and private
schools, colleges, and universities on Parcel RD-1 in the Research
and Development Office Warehouse District.
All other provisions contained in the Covenants and
Conditions shall remain in full force and effect.
WITNESS the following signatures and seals.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHOR
By .2'
Ch. a@
ATTEST:
cre ary
2
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
I, Renee C. Powell a Notary Public in and for
the city and State aforesaid, do hereby certify that VAN H.
CUNNINGHAM, Chairman, for the City of Virginia Beach Development
Authority, whose name as such is signed to the foregoing Amendment
to covenants and Conditions, has acknowledged the same before me
in iny City and State aforesaid.
GIVEN under my hand this llth day of September 1991.
Notary Public
my Commission Expires: 6/30/95
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:, to-wit:
1, - Renee C. Powell a Notary Public in and for
the City and State aforesaid, do hereby certify that KENNETH F.
PALMER, Assistant Secretary, for the City of Virginia Beach
Development Authority, whose name as such is signed to the
foregoing Amendment to Covenants and Conditions, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under iny hand this llth day of September -, 1991.
ii - aueo-L
Notary Public
My Commission Expires: 6/30/95
3
- 21 -
Item 111-1.1-b
PLANNING Item # 34893
Attorney Char l es Sal lel , 192 Bal lard Court, Phone: 490-3000, represented the
applicant
The following adjacent residents registered In OPPOSITION:
Miles A. Kidd, 5704 Gretna Road
Richard C. Copeland, 5708 Gretna Road, Phone: 464-4527
Upon motion by Councilman Jones, seconded by Councilwoman Parker, City Council
DEFERRED until the City Council Session of September 24, 1991, an Ordinance
upon application of AMOCO OIL COMPANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE
STATION AND CAR WASH
Ordinance upon application of Amoco Oil Company for
a Conditional Use Permit for an automotive service
station and car wash in conjunction with a
convenience store at the southwest corner of
Northampton Boulevard and Baker Road. The parcel is
located at 5765 Northampton Boulevard and contains
1.373 acres. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 22 -
Item 111-1.1-c
PLANNING Item # 34894
Major Jack Brewer, 5560 Virginia Beach Boulevard, Phone; 497-2338,
Administrator - Salvation Army's Adult Rehabilitation Center.
The following registered in SUPPORT of the application, but WAIVED their right
to speak:
Captain Bill Madison, former Administraotr, 5560 Virginia Beach Boulevard
Douglas Morin, MSW, 814 Almond Avenue, Norfolk, Phone: 459-2463
Michael Myers, 613 Ben Bow Drive, Phone: 420-8052
A. Ray Pentecost, Jr., 407 Janat Office Building, Norfolk, Phone: 466-8881
Upon motion by Counci Iman Jones, seconded by Counci Iman Heischober, City
Council ADOPTED an Ordinance upon application of THE SALVATION ARMY, a Georgia
Corporation, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE SALVATION ARMY, A
GEORGIA CORPORATION, FOR A CONDITIONAL USE PERMIT
FOR A REHABILITATION CENTER/SANITORIUM R09911391
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Salvation Army, a
Georgia Corporation for a Conditional Use Permit
for a rehabilitation center/sanitorium on the north
slde of Virginia Beach Boulevard, 250 feet west of
Davis Street. The parcel is located at 5524
Virginia Beach Boulevard and contains 5.41 acres.
BAYSIDE BOROUGH.
The following conditions shall be required;
1. A landscape plan approved by the City Arborist is
required prior to development of the site. Category
IV landscape screening is required along the
northern property line adjacent to the apartment
district.
2. Trucks utilizing the subject site shall lngress
from Virginia Beach Boulevard and egress shall be
from Davis Street only.
3. An automatic sprinkler system and an automatic fire
alarm system, meeting the approval of the City Fire
Protection Engineer shall be required.
4. No outside storage of vehicles or materials shall
be permitted.
5. The submitted site plan does not comply with
parking requirements outlined in the City Zoning
Ordinance. Prior to final site plan approval, the
applicant must submit a new parking plan for
approval to the City Planning Department.
- 23 -
Item 111-1.1-c
PLANNING Item # 34894 (Continued)
This Ord i nance s ha II be ef f ectl ve in accordance wi th Section 107 (f of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the
Seventeenth of September, Nineteen Hundred and Ninety-One.
Voting: 10-0
Councll Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober,
Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 24 -
Item Ill-l.l.d
PLANNING Item # 34895
Joe Wharton, 468 South Independence Boulevard, Suite A-108, Phone: 499-8924,
President - Land Use, Inc., represented the applicant and requested
WITHDRAWAL. Said letter is hereby made a part of the record.
The following WAIVED their right to speak and advised they were in SUPPORT of
DENIAL:
Attorney B. William Smink, 1812 Baltic Avenue, Phone: 491-4141
Dr. Margaret Ames, 1809 Haviland Drive, Phone: 721-5090
Paul Shubert, 192 Welistord Drive, Phone: 721-7353
Don West 1912 Eastborne Drive, Phone: 426-2004
Heather Malaby, 2521 Quail Hollow Place, Phone: 721-2230
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council DENIED an Ordinance upon application ot R. G. MOORE BUILDING
CORPORATION for a modification to the Ocean Lakes Master Plan.
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING
CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES
MASTER PLAN TO ALLOW AN INCREASE IN DENSITY ON
PARCEL A-2
Ordinance upon application of R. G. Moore Building
Corporation for a modification to the Ocean Lakes
Master plan to allow an Increase in density on
Parcel A-2 on property located on the east side of
Bold Ruler Drive, 1564.9 feet south of Dam Neck
Road. The proposed modification to the Ocean Lakes
Master Plan would increase density for multi-family
residential land use on the subject site to 16.74
dwelling units per acre. The Comprehensive Plan
recommends use of this parcel for Suburban High
Density Residential at densities that are
compatible with single-family use in accordance
with other plan policies. Said parcel contains
20,791 acres. PRINCESS ANNE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Councli Members Abstaining:
Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilwoman Parker ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E)
of the Code of Virginia, she and her husband are owners of Parker Pools, Inc.,
which has a contract with the Ocean Lakes Homeowners Association for
maintenance of the pools in Ocean Lakes. Although the City Attorney has advised
her that this Interest does not meet the criteria of a personal interest, she
wlshes to disclose this Interest and abstain from particlpating In the
transaction. Councilwoman Parker's letter of September 17, 1991, is hereby made
a part of the record.
This item was MOVED FORWARD on the PLANNING AGENDA.
Cit@cDf @@ek@ta
NANCY K. PARKER 604 GOLDSBORO AVENUE
COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 2M5l
AT-LARGE (804) 425-1589
September 17, 1991
Mrs. Ruth Hodges Sniith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declarafion:
1. The transaction for which I am executing this written disclosure is the Council
consideration of the application of R. G. Moore Building Corporation for a
modification to the Ocean Lakes Master Plan to allow an increase in density
on Parcel A-2.
2. The nature of my personal interest is that my husband and I are owners of
Parker Pools, Inc., and that Parker Pools, Inc., has a contract with the Ocean
Lakes Homeowners Association for maintenance of the pools in Ocean Lakes.
3. Although the City Attomey has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and abstain from participating in this
transaction.
Accordingly, I respectfully request diat you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Mrs. Ruth Hodges Smith -2- September 17, 1991
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Thank you for your assistance and cooperation in this matter.
Sincerely,
k @/
Nancy K. Parker
Councilwoman
NKP/clb
Enclosure
Oity-@f -Vit-g;i@iel @@ek@ti
LESLIEL.LILLEY U@IC PAL CENTER
CITY ATTORNEY VIRGINIA BEACH V@ 23@56-9W4
(804) @27-@531
FAX (8N) 126-@7
September 16, 1991
Councilwoman Nancy K. Parker
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Act Opinion
Dear Councilwoman Parker:
I mn writing in response to your request for an opinion as to whedier you may
participate in City Council's discussion and vote on the application of R. G. Moore Building
Corporation for a modification to the Ocean Lakes Master Plan to allow an increase in
density on Parcel A-2. The application is scheduled for consideration by City Council at
its September 17, 1991, meeting.
SUMMARY/CONCLUSION'
From my review of the Conflict of Interests Act and the infonnation provided by
you, I am of the opinion that you do not have a personal interest in the transaction of
Council conceming its consideration of the application of R. G. Moore Building Corporadon
for a modification to the Ocean Lakes Master Plan. Thus, you may vote on this matter
without restriction. For your inforination, I have outlined the disclosure requirements of
Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also
set forth the applicable provisions for abstention set forth in Section 2.1-639.14(E), should
you choose not to vote.
I base the aforesaid conclusions on the fouowing facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Councilwoman Nancy K. Parker -2- September 16, 1991
Re: Conflict of Interests Act Opinion
FACTS PRESENTED:
Your request for an advisory opinion is gene-ted by the application of R. G. Moore
Building Corporation for a modification to the Ocean Lakes Master Plan. The application
is scheduled to come before the Council at its September 17, 1991, meeting. You have
advised that your concem, and reason for requesting this opiriion, is that you and your
husband are the owners of Parker Pools, Inc. ("Parker Pools"), diat you have an interest
in Parker Pools which exceeds three percent (3 %) of the total equity of the business, that
Parker Pools has a one-year contract with the Ocean Lakes Homeowners Association for the
maintenance of the pools in Ocean Lakes, and that the business receives income in excess
of $10,000.00 from the Homeowners Association. Several homeowners in Ocean Lakes
have expressed their objection to modification of the Master Plan.
ISSUE:
Are you precluded from participating in the Council's discussion and vote on the
application of R. G. Moore Building Corporation for a modification to the Ocean Lakes
Master Plan?
DISCUSSION:
1. Applicable Definitions of Section 2.1-639.1
A. City Council is a govemrnental agency, as it is a legislative branch of local
govemment as defined in SS 2.1-639.2 of the Virginia State and Local Goveniment Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of the apphcation of R. G. Moore Building Corporation
for a modification to the Ocean Lakes Master Plan is a "transaction" as defined by the Act.
A transaction includes any matters considered by any governmental agency on which official
action is taken or contemplated.
D. "Personal interest" is defined in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an inimediate family member. The interest
exists by reason of one of five categories specified dierein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3)
salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
Councilwoman Nancy K. Parker -3- September 16, 1991
Re: Conflict of Interests Act Opinion
exclusive of ownership in a business, or salary; and 5) personal liability incurred or
assumed on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the @saction.
11. Apl2lication of Definitions
A. Personal Interest
You have a personal interest in Parker Pools, Inc., by virtue of your interest in
Parker Pools which exceeds diree percent (3 %) of the equity of the business.
B. Personal Interest in the Transacfion
Based on the facts presented, Parker Pools, Inc., is not the subject of the transaction,
nor wiU it realize a reasonably foreseeable direct or indirect benefit or detriment as a result
of Council's consideration of the aforementioned application.' Therefore, it is my opinion
that you do not have a personal interest in the transaction widiin the meaning of the Conffict
of Interests Act.
IH. Disclosure Requirements
Based on the fact that you have no personal interest in the apphcation of R. G.
Moore Building Corporation, you are not restricted in voting as to that item. If you are
concemed that your participation as to this matter may create some appearance of
impropriety because of your position, there are two options available to you which may
diffuse any perception problems that may arise:
1. You may either disclose the facts as presented herein and proceed to vote as
to diis transaction; or
2. You may abstain from voting and disclose any interest.
'In circumstances where the effect of a transaction is speculative, remote, or contingent
on factors beyond the officer's control, it is not reasonably foreseeable that the officer's
personal interest will benefit or suffer as a result of the pending transaction. Attomey General
Opinion to the Honorable William F. Parkerson, Jr., Member, Senate of Virginia, dated
February 2, 1987.
Councilwoman Nancy K. Parker -4- September 16, 1991
Re: Conflict of Interests Act Opinion
Should you decide to declare your interest and vote, a proposed disclosure letter
which comphes with SS 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orafly, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals widi the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
all appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of
iinpropriety which is unacceptable or which would affect the confidence of the public in the
officer's ability to be impartial. I have opined that you may participate in the transacdon
after disclosure. However, if you are concerned that participating in the transaction, even
after disclosure, could create an unacceptable appearance, you may abs@ from voting
under SS 2.1-639.14(E) provided that you first disclose your interest in the transaction.
As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides
that a written opinion of the Ciiy Attomey made after a fuU disclosure of the facts, is
advisory and adniissable as evidence diat the local officer did not knowingly violate the Act,
while a favorable opinion of the Commonwealth's Attomey as the enforcing officer of the
COIA, provides inimunity from any aueged violadon.
Please contact me should you desire any additional inforrnadon.
Very truly yours,
Leslie L. Lill
City Attomey
LLL/RMB/clb
Enclosure
Seen and Concurred:
z
R(
C(
- 25 -
Item 111-i.l.e
PLANNING Item # 34896
Upon motion by Counci ]man HeiSChober, seconded by Counci iman Brazler, City
Council VOTED TO HEAR TODAY, September 17, 1991, in its order on the Agenda
Petition of HILDA W. ARCHBELL for the discontinuan ce, cl.osure and abandonment
of a portion of Arctic Avenue beginni,, at the Southern boundary ot winSTUIl-
Salem Avenue and unning in a Southerly direction a distance of 150 feet, being
25 feet in width and containing 3,750 square feet (VIRGINIA BEACH BOROUGH).
Voting: 6-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones and
Reba S. McCianan
Council Members Voting Nay:
Robert W. Clyburn, Paul J. Lanteigne, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
- 26 -
Item iii-l.l.e
PLANNING Item # 34896 (Continued)
With reterence to applicant's continued request to DEFER the application, and
upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
RECONSIDERED the VOTE TO HEAR TODAY, September 17, 1991, in its order on the
Agenda Petition of HILDA W. ARCHBELL for the discontinuance. closure and
abandonment of a portion of Arctic Avenue beginnin( f
Winston-balem Avenue and rutnln-g in@a Southerly ' tance of 150
feet, being 25 feet In width and containing 3,750 square feet (VIRGINIA BEACH
BOROUGH).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 27 -
Item ill-I.I.e
PLANNING Item # 34896 (Continued)
Attorney Robert G. Byrum, 2145 Old Greenbrier, Chesapeake, Phone: 420-9653,
requested DEFERRAL and presented a letter affirming his request. Said letter
Is hereby made a part of the record.
The following registered in OPPOSITION, but were not OPPOSED to the DEFERRAL:
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, reprsented F.
Wayne McLesky
Gail Gowin, 2457 Bayview Avenue, Phone: 464-5859, represented Clinton Humphries
owner of property at northwest corner of the intersection, and presented a
copy of his letter. Said letter Is hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
DEFERRED until the City Council Session ot September 24, 1991, the Petition of
HILDA W. ARCHBELL for the discontinuance, closure and abandonment of a portion
of Arctic Avenue.
Application of Hilda W. Archbell for the
discontinuance, closure and abandonment of a
portion of Arctic Avenue beginning at the southern
boundary of Winston-Salem Avenue and running in a
southerly direction a distance of 150 feet. Said
parcel is 25 feet In width and contains 3,750
square feet. VIRGINIA BEACH BOROUGH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 28 -
Item 111-1.1-f
PUBLIC HEARING
PLANNING Item # 34897
Upon motion by Counci lman Brazier, seconded by Counci lwoman McCianan, C!tY
Counci I MOVED FORWARD on the PLANNING AGENDA Application of BANCROFT HALL
CORPORATION and T. WAYNE MOST I LER f or a
Classification from B-2 Community-Business. Di
DistriTt 45-0 feet South ,@i I @ Dm Rod, 749 fe(
Neck Road, containin 25,000 + square feet; AND, . plication of BANCROFT HALL
coRPORATION for a Col rmit for a hon !sabled and
handi ed on the S am Road, 7
Great NecK Road, containing 2.37 acres (LYNNHAVEN BOROUGH).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndort
Councilman Sessoms ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(C) of
the Code of Virginia, he Is an officer of Central Fidelity Bank. ]t is proposed
that Central Fidelity Bank w!] provide financing for the Bancroft Hall
Corporation application. The City Attorney has advised him that this interest
meets the criteria of a personal interest in the transaction under the Conflict
of Interests Act. Councilman Sessoms's letter of September 16, 1991, is hereby
made a part of the record.
This Item was MOVED FORWARD on the PLANNING AGENDA.
WILLIAM D. SESSOMS, JR. 809 GREENTREE ARCH
COUNCILMAN AT-LARGE VIRGINIA BEACH. VIRGINIA 23@5,
(8N) 455-5732
September 16, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
RE: Disclosure Pursuant to SS2.1-639.14(C), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, SS2.1-639.14(C), Code of Virginia, I make
the following declaration:
1. The transaction for which I am executing this written disclosure is the application
for rezoning and a conditional use permit of Bancroft Hall Corporation.
2. The nature of my personal interest is I am an officer of Central Fidelity Bank (CFB)
earning in excess of $10,000.00 annually.
3. It is proposed that CFB will provide financing for the Bancroft Hall Corporation
application before the City Council.
4. The City Attorney has advised me that I am required to disclose this interest as it
meets the criteria of a personal interest in the transaction under the Conflict of
Interests Act. I wish to disclose this interest and declare that I am disqualified from
participation in the application for rezoning and a conditional use permit of Bancroft
Hall Corporation.
Accordingly, I respectfully request that you record this declaration in the official records
of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which
addresses this same matter.
Ruth Hodges Smith, CMC/AAE -2- September 16, 1991
T'hank you for your assistance and cooperation in this matter.
Sincer@-],,,,
William D. . @.m@, J,.
WDSjr/sbk
Enclosure
c>f
MUNICIP.L CENTER
LESLIE L LILLEY IIRGIN@A BEACI VA 23@56-9oQ4
(80@) @27 1631
CITY A@ORNEY FA. (@) @26 5W7
September 16, 1991
C,uncilmember William D. sessoms, Jr.
M@cipal Center
Virginia Beach, Virginia 23456
RE: Request for Conflict f Interests Act Opinion:
Application for Rezoning and Use Permit -- B--oft HaU
Dear Councitmember Sessonis:
I am writing in respo-e to your request for an opinion as to whether you may participate
in City Council's discussions and vote on the application for rezoning and a conditional use pemlit
of Bancroft HaU Corporation.
Sum Concl-ion.
From my revi- of the Conflict of Interests Act and the information provided by you a,
of the opinion that vou have a personal interest in the transaction of the
referenced below, I am onal use pemlit
Virginia Beach City Council concerning the application for rezoning and a conditi
of Bancroft Hall Corporation as a result of your employment by Central FideUty Bank. Therefore,
al ze a reasonably for-Ceable benefit or detriment as a result
since Central Fidelity Bank will re i m participating in the transaction. I have set out the
of the transaction, you are disqualified fro
disclosure requirements of SS2.1-639.14(C) at the end of this letter.
I base the aforesaid conclusions on the fouowing facts which you have presented. Ple-e
r,view and verify the accuracy of the facts as set forth, as you ay only rely upon this opinion if
they are correct and complete.
Facts PreFented,
Your request for an advisory opinion is generated by the application for rezoning and a
conditional use perrnit for a proposed project for elderly housing by Bancroft Hall Corporation,
Councilmember Sessoms -2- September 16, 1991
which is currently scheduled on the agenda for September 17, 1991. You have advised that your
area of concem with -pect to the transaction is that you are cu-ntly an officer of Central
Fidelity Bank eaming in excess of $10,000.00 annually. it is proposed that the financing for the
project- will be provided by the Community Redevelopment Division of Central Fidelity Bank
(CFB). You have advised that you work for the Commercial Loan Division of CFB and are not
in any manner involved -ith the proposed loan for this project and that there are no inter-division
reporting or accountability requirements.
Issue
Are you precluded form participating in the discussion and voting on the application of
Bancroft Hall C.Orporation for rezoning and a conditional use permit due to the proposed financing
of the project by CFB?
Discussio--
I. tions:
A. City Council is a gove--ntal agency, as it is a legislative branch of local
govemment as defined in SS2.1-639.2 of the Virginia State and Local Govemment Conflict of
Interests Act.
B. You are an officer within the meaning of SS2.1-639.2 of the above-referenced Act.
C. lbe apphcation for rezoning and a conditional use permit to be voted on by City
Council is a "transaction@ as defined by the Act. The Act defines a transaction as "any matters
considered by any ... govemmental agency on which official -tion is taken or contemplated." SS2.1-
639.2.
D. 'Personal interest" is defined in SS2.1-639.2 as being a financial benefit or liability
which accrues to an officer, employee, or to an immediate family member. The interest exists by
specified therein as: (1) ownership in a business if the ownership
reason of one of five categories ership in real
interest exceeds 3% of the total equity of the business; (2) annual income from own
or personal property or a business in excess of $10,000.00; (3) salary from the use of property or
paid by a business that exceeds $10,000.00 annually; (4) -ership of real or personal property
when the interest exceeds $10,000-00 in value, exclusive of ownership in a business, or salary; (5)
personal liability incurred or assumed on behalf of a blisiness which exceeds 3% of the asset value
of the business.
E. "Personal interest in the transaction" is defined in SS2.1-639.2 as existing when an
officer or employee or a member of his immediate family has a personal interest in property or a
business or represents any individual or business and such property, business or represented
Councilmember Sessoms -3- September 16, 1991
individual (i) is the subject of the transaction or (ii) may realize a reasonably foresecable direct
or indirect benefit or detriment as the result of the agency considering the transaction.
ii. AT)12lication of Definitions and Prohi iti@ons.,
A- Personal Interest
A "personal interest" exists by reason of one of five specified categories, as noted above in
the definition of "personal interest." Specifically, my review of those categories and the facts
presented indicate that you earn more than $10,000.00 annual salary from CFB. lberefore, you
have a personal interest in CFB as defined under the Conflict of Interests Act.
B. Personal Interest in the TransactiOn
Under the definition set forth in SS2.1-639.2, you have a "personal interest in the transaction"
by virtue of your personal interest in CFB, and the fact that CFB may realize a reasonably
foreseeable benefit or detriment as a result of the Council vote on the application for rezoning and
conditional use permit. Tberefore, you have a "personal interest in the transaction" as deflned
under the Conflict of Interests Act.
III. Prohibitions and Disclosure
Based on the opinion that it is reasonably foreseeable that CFB wfll receive a reasonably
foreseeable direct benefit as a result of City Council's action regarding the conditional use permit
and rezoning of the property, SS2.1-639,11(A)(1) disqualifies you from participating in the
transaction. Additionally, you must disclose your perceived interest in accordance with SS2.1-
639.14(C). Enclosed please find a written declaration form. You must file a disclosure v,,ith the
City Clerk and such disclosure is to be reflected in the pubfic records for a period of five years
from the date of recording or receipt.
As a final note to any conflict of interest opinion, Section 2.1-639.18(C) provides that a
written opinion of the ttorne made after a full disclosure of the facts, is advisory and
admissible as evidence that the local officer did not knowingly violate the Act, while a favorable
opinion of the as the enforcing officer of the COIA, provides immunity
from any alleged violation. - If you choose to seek an opinion of the Commonwealth's Attorney,
I will be pleased to assist you in that regard.
Councilmember Sessoms -4- September 16, 1991
Please contact me should you desire any additional information.
Very truly yours,
@Le i
City Attomey
LLL/avj
Enclosure
I
- 29 -
Item 111-1.1-t
PUBLIC HEARING
PLANNING Item # 34897 (Continued)
The folowlng registered In SUPPORT of the application:
Attorney Donal d Clark, Clark and Stant, Sovr an Bank Bui I di ng, represented the
applicant
Char I es Edmondson, 1 330 Or i I I i a, Phone: 474-4358
Madel ine Nevala, 205 34th Street, #317, Phone: 425-1469
Sam Houston, 946 Oriole Drive,
Jim Ramberger, 2265 Laurel Cove, Phone: 481-0490
William Ashman, 4004 Atlantic Avenue, Phone: 428-3812
Russell Dyke, 2417 Blue Castle Lane, Phone: 481-4294
Rachel Ascher, 4636 Broad Street, Phone: 671-8359
Robert Matuszak, 5804 Trelis Arch #101, presented a letter and petition In
SUPPORT of the application. Said petiton is hereby made a part of the record.
Anne R. Baker, 1801 Chantilly Court, Phone: 428-1931
Susan Sykes, 141 B. North Palm Avenue, Phone: 431-2727
Gordon Morton, Phone: 420-1788
Randy Cook, 7371 Kriby Crescent, Norfolk, Phone: 587-7918, President - Suburban
Acres Civic League
Betty Lavender, 4104 Ace Court, #201, Phone: 420-0891
Janet K. Hayes, 1204 Level Green Boulevard, Phone: 424-9638
Richard Corbin, 1365 Baycliff Drive, Phone: 496-9477
Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000,
Rosa Williams Thomas, 1137 Crossway Road, Phone: 721-0219, Housing Co-ordinator
- Endependence Center, Inc.
The following registered In OPPOSITION:
Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501 - Chairman Great Neck
Association of Civic Leagues
Helen Anderson, 1308 Victorian Crescent, Phone: 481-4688
Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024
Reverend Vassie Serbee, 1521 Mill Dam Road, Phone: 481-1869
Jim Thompson, 1516 Hidden Cove, Phone: 481-4970
Pat Grillo, 1330 Victorian Crescent, Phone: 481-5577
- 30 -
item 111-1.1-f
PUBLIC HEARING
PLANNING Item # 34897 (Continued)
Upon motlon by Counci Iman Brazier, seconded by Counci Iman Baum, City Counci I
ADOPTED Ordinances upon application of BANCROFT HALL CORPORATION AND T. WAYNE
MOSTILER for a Change of Zoning and Conditional Use Permit:
ORDiNANCE UPON APPLICATION OF BANCROFT HALL
CORPORATION AND T. WAYNE MOSTILER FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2 TO R-10
Z09911333
BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bancroft Hall
Corporation and T. Wayne Mostiler tor a Change of
Zoning District Classification from B-2 Community-
Business District to R-10 Residential District on
certain property located 450 feet south ot Mill Dam
Road, 749 feet more or less east of Great Neck
Road. The proposed zoning classification change to
R-10 Residential District is for single family
residential land use at a density no greater than
three dwelling units per acre. The Comprehensive
Plan recommends use of this parcel for suburban
medium density residential at densities that are
compatible with single family use In accordance
with other plan policles. The parcel contains
25,000 + square feet. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION BANCROFT HALL
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A HOME
FOR THE AGED, DISABLED AND HANDICAPPED R09911392
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bancroft Hall
Corporation for a Conditional Use Permit for a home
for the aged, disabled and handicapped on certain
property located on the south si@e of Mill Dam
Road, 749 feet more or less east of Great Neck
Road. The parcel contains 2.37 acres. LYNNHAVEN
BOROUGH.
The following condltions shall be required:
1. A maximum of 124 one-bedroom elderly housing units
will be developed on the site.
2. The overall helght of the bulldlng will not exceed
35 feet.
3. The center portion of the building shall be offset
by f I ve f eet to v I sua I I y break up the 360 f oot
length of the structure.
4. V I sua I re I I ef sha I I be 1 ncorporated I nto the East
elevation or rear of the building.
- 31 -
Item 111-1.1-f
PUBLIC HEARING
PLANNING Item # 34897 (Continued)
5. The f ace of the structure, wh 1 ch wi I I be done i n
v I ny I , sha I I be broken by vert i ca I br i ck e I ements
located at significant points.
6. Cupolas shall be incorporated into the roof design.
7. The first floor level shall be brick or block
veneer, rather than all vinyl siding.
8. The site plan shall be revised to show the
stairwells.
9. The applicant must work with a design review
committee, appointed by the Planning Commission to
ensure the developments' architectural and
aesthetical compatibility with the surrounding
residential and business cofnmunities.
10. The sidewalk Is to be extended to Mill Dam Road.
11. An automated sprinkler and fire alarm system will
be installed in the proposed facility.
12. The applicant shall meet with the Design Advisory
Group a second time, prior to site plan approval,
to discuss final design plans and obtain Input on
building materials and color schemes.
13. The applicant shall submit a tree protection plan
whlch identified protective measures to be
implemented for the preservation of the existing
trees Identified on the preliminary site plan. The
required tree protection plan must be submitted
with the final construction plans and approved by
the City Arborist prior to the commencement of any
land disturbing activities.
14. Landscaping along the property lines shall be
varied to prevent monotony.
15. Small, Individual garden plots shall be
Incorporated into the landscaping.
16. The retention pond, it feasible, shall be
incorporated Into the Island In the parking area to
provide more usable open space on the site.
17. Van service Is to be provided for the residents of
this facility.
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, Virginla, on the
Seventeenth of September, Nineteen Hundred and N
- 32 -
item Ill-l.l.f
PUBLIC HEARING
PLANNING Item # 34897 (Continued)
Voting: 5-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress and Harold
Heischober
Council Members Voting Nay:
Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan
and Nancy K. Parker
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Sessoms ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(C) of
the Code of Virginia, he Is an officer of Central Fidelity Bank. It is proposed
that Central Fidelity Bank wil provide financing for the Bancroft Hall
Corporation application. The City Attorney has advised him that this interest
meets the criteria of a personal interest In the transaction under the Conflict
of Interests Act. Councilman Sessoms' letter of September 16, 1991, is hereby
made a part of the record.
This Item was MOVED FORWARD on the PLANNING AGENDA.
- 33 -
Item 111-J.1
CONSENT AGENDA Item # 34898
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Baum, City Counci I
APPROVED In ONE MOTION Items 1, 2, 31 4, 5, 6, and 7 of the CONSENT AGENDA-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones,* Paul J. Lanteigne, Reba S. McClanan, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
Counci lman Jones ABSTAINED and DISCLOSED, on Item J.1 ., pursuant to Section
2.1-639.14(E) of the Code of Virginia, he owns property at the intersection of
Princess Anne and Landstown Roads and a portion of his property will be subject
to a tak i ng i n connecti on wi th the Pr i ncess Anne Road Phase I I I project. The
City Attorney has advised him that he is a member of a group, l.e, surrounding
s I mi I ar I y-s I tuated property owners, the members of wh I ch are a I I at f ected by
the transaction. Councilman Jones' letter of September 17, 1991, is hereby made
a part of the record.
cit@ C:)f -Vilrtzi@i@
MUN CIP@L CENTER
LESL EL LILLEY VI@G N" BEACH VA 23456 9ON
CIIY AITO.NEY (80@) 421 1531
F@X (804) 426
September 17, 1991
Mrs. Ruth Hodges Sniith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the Council
consideration and vote on a request that dle City Manager be granted
authorization to enter into a City-State Agreement widi the Virginia
Department of Transportation for construction of the eastem phase of the
Princess Anne Road Phase Ill project.
2. The nature of my personal interest in that I own property at the intersection
of Princess Anne and Landstown Roads which is valued in exr-ess of
$10,000.00. Furthermore, a portion of my property will be subject to a
taking in connection with the Princess Anne Road Phase HI 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.
4. 1 wish to disclose this interest and abstain from participating in this
transacfion.
September 17, 1991
Mrs. Ruth Hodges Snlith -2-
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Accordingly, I respectfully request diat you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. LilleY, city
Attorney, which addresses diis same matter.
Thank you for your assistance and cooperation in this matter.
Since
Loui:
Councilman
I-J/clb
Enclosure
City, @f -Viirg;i@iia
LESLIEL LILLEY MU@IC P@L CE@TER
CITY ATTORNEI VIRGINIA BEACI VA 23@56-9004
(80@) @27 4531
F.. (80@) @26 5687
September 16, 1991
Councilman Louis Jones
Municipal Center
Virginia Beach, Virg@a 23456
Re: Conflict of Interests Opinion
Dear Councilman Jones:
I ain writing in response to your request for an opinion regarding your ability to
participate in the Council discussion and vote on a request that the City Manager be granted
authorization to execute a City-State Agreement widi the Virginia Department of
Transportation for construction of the eastern phase of the Princess Anne Road Phase HI
project.
SUMMARY/CONCL SION-
From my review of the Conffict of Interests Act and the informadon provided by you
as referenced below, I arn of the opinion that you have a personal interest in the transaction
of the Virginia Beach City Council conceniing the eastem phase of the Princess Anne Road
Phase IE[I project. However, as a member of a group of persons affected by the transaction,
you may participate in the transaction upon disclosure of your interest pursuant to Virginia
Code SS 2.1-639.14(G). In this regard, I attach a written declaration pursuant to SS 2.1-
639.14(G) to be filed with the City Clerk.
I base the aforesaid conclusions on the following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
FACTS PRESENTED'
Your request for an advisory opinion is generated by the Council's consideration and
vote on a transaction involving the eastem phase of the Princess Anne Road Phase Ill
Councilman Louis Jones -2- September 16, 1991
Re: Conflict of Interests Opinion
project which is currently scheduled on Council's agenda for September 17, 1991. The
transaction in question involves approval of a City-State Agreement for construction of the
project. You have advised that your concem, and reason for requesting this opinion, is that
you own 38.6 acres of property at the southeast comer of Princess Anne Road and
Landstown Road. The property is valued in excess of $10,000.00. The land is currently
in use as a cemetery and is located wi@ the boundaries of the eastem phase of the
Princess Anne Road Phase Ill project. The City's Office of Real Estate has advised diat
this project will involve a taldng of a portion of the property you own as right-of-way for
the project.
ISSUE:
Are you precluded from participating in the City Council discussion and vote on a
request that the City Manager be granted authorization to execute a City-State Agreement
with the Virginia Deparunent of Transportation for construction of the eastem phase of the
Princess Anne Road Phase III project?
SION,
I. ApRlicable Definitions
A. City Council is a govemmental agency, as it is a legislative branch of local
govenunent as defined in SS 2.1-639.2 of the Virginia State and Local Govemment Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2 of the above-referenced
Act.
C. Council consideration of the request is a "transaction" as defined by the Act.
A transaction includes any matters considered by any govemmental agency on which official
action is taken or contemplated.
D. "Personal interest" is defmed in SS 2.1-639.2 as a financial benefit or liability
which accrues to an officer, employee, or to an inunediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equiry of the business; (2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3)
salary from the use of property or paid by a business that exceeds $10,000.00 annuauy; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or saaq; and 5) personal liability incurred or
assumed on behalf of a business which exceeds 3% of the asset value of the business.
Councilman Louis Jones -3- September 16, 1991
Re: Conflict of Interests Opinion
E. A "personal interest in the transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or
al or business and such property, business or represented individual
represents any individu reasonably foreseeable direct or
(i) is the subject of the transaction or (ii) may realize a
indirect benefit or detriment as the result of the agency considering the transaction.
II. A lication of Definitions
A. er Onal Interes
You have a personal interest in the property you own at the southeast comer of
Princess Anne and Landstown Roads by virtue of its value in excess of $10,000-00.
B. P rF,--l@l Interest in the Tran@a-fion
In order to have a personal interest in the wmsaction, your property must be either
the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit
or detriment as a result of the transaction.
As ingress and egress to your property may be affected and portions of your propert7y
are wi@ the project boundaries and will be acquired for the project, it is reasonably
foreseeable diat you may realize a direct or indirect benefit or de@ent as a result of the
construction of the eastem phase of the Princess Anne Road Phase III project.
Consequently, it is rny opinion diat you have a personal interest in the transaction wi@
the meaning of the Conflict of Interests Act.
The transaction before the Council does not, however, apply solely to your property.
You are a member of a group of owners of properties who will be subject to a taking, in
whole or in part, in connection with this project and, therefore will be similarly affected by
Council's consideration of the request. Therefore, it is my opinion that you may participate
in the Council's discussion and vote conceming the request as long as you comply widi the
disclosure requirements of SS 2.1-639.14(G).
in. isclosure Re uirements
Based on the fact that you are a member of a group which is affected by the request,
i.e., all similarly-situated property owners, you may participate in City Council's
consideration of the request that the City Manager be granted authorization to execute a
City-State Agreement with the Virginia Department of Transportation for construction of the
eastem phase of the Princess Anne Road Phase EEI project. Such disclosure must include
a declaration that you are able to participate in the transaction fairly, objectively, and in the
pubhc interest. A proposed disclosure letter which comphes with SS 2.1-639.14(G) is
Councilman Louis Jones -4- September 16, 1991
Re: Conflict of Interests Opinion
enclosed for your convenience. You may either make this declaration orally, wliich is to
be recorded in the written minutes of the City Council, or you may fUe a signed written
declaration with the Clerk of the City Council, who shall re@ and make this document
available for public inspec6on for a period of five years from the date of recording or
receipt.
The Conflict of Interests Act deals with the types of influences upon a public
officer's judgment which are clearly improper. The law does not, however, protect against
aH appearances of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of
irnpropriety which is unacceptable or which would affect the confidence of the public in the
officer's ability to be impartial. I have opined that you may participate in the transaction
after disclosure. However, if you are concerned that participating in the transaction, even
after disclosure, could create an unacceptable appearance, you may abstain from voting
under SS 2.1-639.14(E) provided that you first disclose your interest in the transaction.
As a final note to any Conflict of Interests opinion, SS 2.1-639.18(c) provides that a
written opinion of the tto-e made after a ft& disclosure of the facts, is advisory and
admissible as evidence that the enforcin officer did not knowingly violate the Act, while
a favorable opinion of the' as the endorsing officer of the COIA,
provides immunity from any alleged violation.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Li ey
City Attomey
LLL/RMB/clb
Enclosure
Seen and Concurred:
- 34 -
Item III-J.1
CONSENT AGENDA Item # 34899
Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council:
Authorized the City Manager to execute an Agreement
with the Virginia Department of Transportation for
the Eastern Phase of Princess Anne Road Phase III
(CIP 2-280).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Vice Mayor Robert E.
Fentress, Paul J. Lanteigne, Reba S. McClanan, Nancy
K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Jones ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E) of
the Code of Virginia, he owns property at the intersection of Princess Anne and
Landstown Roads and a portion of his property will be subject to a taking in
connection with the Princess Anne Road Phase III project. The City Attorney has
advised him that he is a member of a group, i.e, surrounding similarly-situated
property owners, the members of which are all affected by the transaction.
Councilman Jones' letter of September 17, 1991, is hereby made a part of the
record.
AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH
AND VIRGINIA DEPARTMENT OF TRANSPORTATION
The City Of VIRGINIA BEACH, Commonwealth of Virginia, hereinafter referred
to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of
Transportation, hereinafter referred tO as tlie DEPARTMENT, hereby agree as
follows:
1. The DEPARTMENT will prosecute a project for the improve ... t of
1.532 miles, of Princess Anne Road within VIRGINIA BEACH, from
0.136 miles east of the intersection of Independence Boulevard,
Station 265+35.06 to 0.168 iiiiles east of the intersection of
Landstown Road, Station 345+98.55 and designated as Route 165,
Project 0165-134-104, PE-102, RW-203, C-503.
2. VIRGINIA BEACH approves tlie plans as designed and requests tjie
DEPARTMENT to submit the project With recommendation that it be
approved by the Commonwealth Transportation Board and agrees tliat
if such project is approved and constructed by the DEPARTMENT,
VIRGINIA BEACH, tllereafter, at its own expense, will maintain the
project, or have it maintained, in a manner satisfactory to the
DEPARTMENT or its authorized representatives and will make ample
provision each year for such maintenance. t
3. VIRGINIA BEACH agrees tliat the location, form and character of
informational, regulatory and warning signs, curb and pavement or
other markings and traffic signals, installed or placed by any
public*authority, or other agency, shall be subject to the
approval of the DEPARTMENT.
4. Parking will b, prohibited at all times on boti, sides of this
project and appropriate NO PARKING signs shall be erected. The
signs shall conform to the standards as shown in the current
edition of the
5. VIRGINIA BEACH agrees that after construction of the project, or
any part thereof, it will not permit any reduction in the number
of or width of traffic lanes, any additional median crossovers or
enlargement of existing median crossovers, or any alterations to
channelization islands, without tiie prior written approval of the
DEPARTMENT.
6. Right of way for this project was acquired with rights of access
restricted to points designated on the plans. VIRGINIA BEACH
agrees that no additional access points will be permitted without
prior written approval of tlie DEPARTMENT.
7. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights
Act of 1964 and the Virginia Fair Employment Contracting Act,
Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950),
as amended.
8. VIRGINIA BEACH agrees that the location and installation of
utility poles, ligliting standards, traffic signal poles or any
other facilities installed or placed withln the right of way by
any public authority, or other agency, shall conform to VDOT Land
Use Permit Manual or be subject to the approval of the DEPARTMENT.
9. VIRGINIA BEACH agrees to comply with all applicable federal, state
and local rules, regulations and statutes when work is performed
on this project with municipal forces or its agent at project
expense.
-2-
10. VIRGINIA BEACH agrees that prison labor will not be used for any
purpose whatsoever on this project.
11. VIRGINIA BEACB agrees to participate in the actual cost of tliis
project which includes a special provision for price adjustment in
accordance with the following tabulation, understanding that the
cost shown are estimated and the percentages will be applie@ to
actual costs:
PROJECT COST
VIRGINIA BEACH'S SHARE
ITEM ESTIMATED COST % AMOUNT
Preliminary Engineering $ 160,560.00 5 $ 8,028.00
Right of Way 1,133,125.00 5 56,656.25
Grading, drainage, pavement 6,994,370.37 2 139,887.40
incidental items, & signalization
Water facilities adjustment, 216,956.98 89.51 194,198.19
construction & inspection
Sewer facilit ies adjustment,
construction and insppctions 29,438.41 72.36 21,301.63
Land clearing & demolition 37,069.90 2 741.39
Trainees 2,500.00 2 50.00
Permanent & construction signs 26,929.91 2 538.59
Combination pole and raised 3,331.57 100 3,331.57
pavement markings
SUB TOTALS $8,6 4,282.14 424,733.02
Less credit for drainage -- - 131,711.75
work performed by the City
TOTALS $8,604,282.14 $293,021.27
-3-
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the
CITY OF VIRGINIA BEACH on the day of 1991, and the
DEPARTMENT on the day of 1991.
ATTEST: CITY OF VIRGINIA BEACH
BY BY
CITY CLERK CITY MANAGER
NOTE: The official signing for tlle
municipality must attach a
certified copy of the authority
under which this agreement is
executed. This agreement is
executed in three originals.
APPROVED AS TO FORM
Cily Cit@
CITY ATTORNEY
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION
BY
DEPUTY COMHISSIONER
APPROVED AS TO CONTENTS
-4-
SIGNATURE
DEPARTMENT
- 35 -
Item 111-J.2
CONSENT AGENDA Item # 34900
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinances to authorize acquisition of property in
fee simple and temporary or permanent easements of
right-of-way, either by agreement or condemnation:
Queen City drainage improvements (CIP 2-020)
Indian River Road sewer extension (CIP 6-316)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Ciyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 QUEEN CITY DRAINAGE IMPROVEMENTS, ciP 2-020
4 AND THE ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT
6 OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important drainage system for the preservation
10 of the safety, health, peace, good order, comfort, convenience, and
11 for the welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City of Virginia Beach is hereby
15 authorized to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq. , Code of Virginia of 1950, as amended, all that certain
18 real property in fee simple, including temporary and permanent
19 easements of right of way as shown on the location map entitled
20 "QUEEN CITY DRAINAGE C.I.P. NO. 2-020.11 This location map is on
21 file in the Office of Real Estate Department of Public Works,
22 Virginia Beach, Virginia.
23 Section 2. That the City Manager is hereby authorized
24 to make or cause to be made on behalf of the City of Virginia
25 Beach, to the extent that funds are available, a reasonable offer
26 to the owners or persons having an interest in said lands, and if
27 refused, the City Attorney is hereby authorized to institute
28 proceedings to condemn said property.
29 Adopted by the council of the City of Virginia Beach,
30 Virginia, on the 17 day of September 1991.
31 CA-4402
32 NONCODE\CA-4402.ORD
33 R-1 -TCO
SIGNATURE
@Al- @e
DEPAR
APPROVED AS TO LEGAL
SUFFICIEKCY AND FORM
CITY ATTO
OFALL
CK
KNI
OJEC
QUEEN CITY DRAIP
C.I.P. NO.
SCALE:l"=1600'
2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
3 PROPERTY IN FEE SIMPLE FOR INDIAN RIVER ROAD
4 SEWER EXTENSION CIP 6-316 AND THE ACQUISITION
5 OF TEMPORARY AND PERMANENT EASEMENTS, EITHER
6 BY AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 expansion of this important project and for public purposes for the
10 preservation of the safety, health, peace, good order, comfort,
11 convenience, and for the welfare of the people in the city of
12 Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 25-
18 46.1, et seq., Code of Virginia of 1950, as amended, all that
19 certain real property in fee simple, including temporary and
20 permanent easements as shown on the plans entitled "Indian River
21 Road Sewer Extension, "Department of Public Utilities, CIP 6-316,
22 these plans being on file in the Department of Public Utilities,
23 Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized
25 to make or cause to be made on behalf of the city of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 Adopted by the council of the City of Virginia Beach,
31 Virginia, on the day of 1991.
32 CA-4406
33 NONCODE\CA4406.ORD
34 R-1
DEPARTME
APPROVED AS TO LXGAL
'I , @ ORM
Y-ATItORNEY
N[)
JECT AI
Unive
on
SETTLER
.. -R
INDIAN RIVER ROAD
SEWER EXTENSION
Lan
C.I.P. 6-316 0
4/19/91
- 36 -
Item 111-J.3.a.
CONSENT AGENDA Item # 34901
Upon motion by Counci lman Clyburn, seconded by Counci Iman Baum, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $267,435 to the Department
of Social Services re funding eight positions and
various operating suppi ies for the processing of
food stamps.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Rebe S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
I AN ORDINANCE TO APPROPRIATE $267,435 AND TO
2 TRANSFER $66,859 FROM FY 91-92 RESERVE FOR
3 CONTINGENCIES To FUND EIGHT POSITIONS AND VARIOUS
4 OPERATING SUPPLIES IN RESPONSE TO A COURT ORDER REQUIRING
5 FOOD STAMPS TO BE PROCESSED IN A TIMELY MANNER
6 WHEREAS, the Department of Social Services is responsible for processing
7 food stamp applications;
8 WHEREAS, the court has specified acceptable compliance rates for the timely
9 processing of food stamps for the City of Virginia Beach;
10 WHEREAS, the State has approved an additional $267,435 to fund eight
11 positions and various operating supplies and the City is required to match this
12 amount by $66,859;
13 WHEREAS, sufficierit funding is available within the FY 91-92 Reserve for
14 Contiiigencies for the city's share of the costs.
15 NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA that funds in the amount of $267,435 are hereby appropriated to
17 the Department of Social Services and funds in the amount of $66,859 be
18 transferred from FY 91-92 Reserve for Contingencies to finance eight positions
19 and various operating supplies.
20 BE IT FURTHER ORDAINED that estimated revenue from the Cornmonwealth be
21 increased by $267,435.
22 Adopted by the Council of the City of Virginia Beach, Virginia, this
23 17 day of September 1 1991.
24 This ordinance shall be in effect from the date of its adoption.
25 First Reading: September 3, 1991
26 Second Reading: S ber 17 1991
APPROVED AS TO GONTEN-F
@t@ ALTER 0. KffAEM EH, JK.
'3UDGE-r ANI) EVALUATION
- 37 -
Item 111-J.3.b-
CONSENT AGENDA Item # 34902
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Baum, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE a $79,949 Federal Block
Grant to the Department of Mental Health, Mental
Retardation and Substance Abuse and Increase
departmental positions by 2.25 FTE's re perinatal
substance abuse.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 A FEDERAL BLOCK GRANT IN THE AMOUNT OF $79,949
3 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
4 AND SUBSTANCE ABTJSE TO REDUCE PERINATAL SUBSTANCE ABUSE
5 WHEREAS, tbe Department of Mental Health, Mental Retardation, and Substance
6 Abuse is responsible for coordinating substance abuse programs;
7 WHEREAS, the State Department of Mental Health, Mental Retardation, and
8 Substance AbUSe bas granted funding in the amount of $79,949 to the Community
9 Services Board for a Substance Abuse Federal Block Grant prevention program to
10 reduce substance abuse by pregnant women and improve the outcomes of infants who
11 are prenatally exposed to alcohol and other drugs;
12 WHEREAS, the Community Services Board, the Substance Abuse Committee, and
13 staff have developed a plan for utilizing this funding;
14 WHEREAS, the grant will increase the departmental position total by 2.25
15 FTE's and require an in-kind itiatch by various agencies with no additional city
16 funding match.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that a grant in the amount of $79,949 be accepted and
19 appropriated to the Mental Health, Mental Retardation, Substance Abuse FY 91-
20 92 Operating Budget and that 2.25 FTE's be established for the duration of the
21 grant.
22 BE IT FURTHER ORDAINED that appropriations be offset by a $79,949 increase
23 in estimated revenue.
24 Adopted by the City Council of the City of Virginia Beach, Virginia, this
25 17 day f September 1 1991.
26 This ordinance shall be effective from the date of its adoption.
27 First Reading: 991 AMOVO AS TO CO
28 Second Read@,ng:'@l
OF BUDGEF ANI) EVALUA'-
- 38 -
Item I LI-J.3.c-
CONSENT AGENDA Item # 34903
Upon motion by Counci iman Clyburn, seconded by Counci iman Baum, City COunci I
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE a $16,789 Grant to the
Department of Mental Health, Mental Retardation and
Substance Abuse from the Knlghts of Virginia
Assistance for the Retarded (KOVAR) re Adult Day
Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 GRANT IN THE AMOUNT OF $16,789 TO THE DEPARTMENT OF
3 MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE
4 FROM THE KNIGHTS OF VIRGINIA ASSISTANCE FOR THE
5 RETARDED FOR THE ADULT DAY PROGRAM
6 WHEREAS, the Adult Day Program serves the most severely handicapped adults
7 in our community who have severe physical handicaps as well as being mentally
8 retarded;
9 WHEREAS, the Knights of Virginia Assistance for the Retarded (KOVAR) has
10 awarded the City of Virginia Beach Community Services Board a grant in the amount
11 of $16,789 to improve the quality of services being provided to the program
12 participants;
13 WHEREAS, the Community Services Board, its Mental Retardation Committee,
14 and staff have reviewed the current program and client needs and have devised
15 a plan for utilizing these KOVAR funds;
16 WHEREAS, no city funding match is required.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that a grant in the amount of $16,789 be accepted and
19 appropriated to the Mental Health, Mental Retardation, and Substance Abuse
20 FY 91-92 Operating Budget for the Adult Day Program.
21 BE IT FURTHER ORDAINED that appropriations be offset by a $16,789 increase
22 in estimated revenue.
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this
24 17 day of September 1 1991.
25 This ordinance shall be effective from the day of its adoption.
26 First Reading: September 3, 1991
27 Se@nd Reading: September 17, 1991 APPROVED AS T
Wi'@ILTE',
Tf-)
OF BUDGET AND C.IFA@ it
r
- 39 -
Item 111-J.3.d.
CONSENT AGENDA Item # 34904
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Baum, City Counci I
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $16,000 from the Virginia
Beach Library Gift Fund to the Library Department's
FY 1991-1992 General Fund Budget re purchase of
library materials.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO APPROPRIATE $16,000 FROM THE VIRGINIA BEACH
2 LIBRARY GIFT FUND TO THE LIBRARY DEPART14ENT'S Fy 1991-92
3 GENERAL FUND BUDGET FOR THE PURCHASE OF LIBRARY MATERIALS
4 WHEREAS, the Virginia Beach Public Library has received cash donations of
5 $16,000 from citizens over the past five (5) years. These donations were
6 established in the Virginia Beach Library Gift Fund;
7 WHEREAS, the Virginia Beach Public Library's General Fund appropriation
8 for library materials has been reduced as a result of budget reductions and a
9 deficiency in books and supplies will exist;
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA that funds in the amount of $16,000 be appropriated out of the
12 Virginia Beach Library Gift Fund to the Library Department's FY 1991-92 General
13 Fund Budget for the purchase of library materials.
14 This ordinance shall be effective from the date of its adoption.
15 Adopted by the Council of the City of Virginia Beach, Virginia on the
16 17 _ day of 1991.
17 First Reading: September 3, 1991
18 Second Reading:
APPFIOVL-1) AS TO
WALTEP, ^@. KRAFMER, JR.
OF BUDGET AND EVALUATION
- 40 -
Item 111-J.4-
CONSENT AGENDA item # 34905
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Baum, City Counci I
APPROVED, upon FIRST READING:
Ordinanceto ACCEPT and APPROPRIATE $15,000 Grant
from the Chesapeake Bay Local Assistance
Department; and TRANSFER $9,201 from the FY 1991-
1992 Reserve for Contingencies to the Division of
Environmental Management re Chesapeake Bay
Pre5ervation Area Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and Willlam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $15,000.00 GRANT FROM THE
2 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT AND TO TRANSFER
3 $9,201.00 FROM THE FY 1991-1992 RESERVE FOR CONTINGENCIES
4 TO THE DIVISION OF ENVIRON14ENTAL MANAGEMENT FOR THE
5 CHESAPEAKE BAY PRESERVATION AREA PROGRAM
6 WHEREAS, the State Chesapeake Local Assistance Department has
7 provided agrant in the amount of $15,000.00 to support the extension of the
8 Envirorimental Information Coordinator position with the grant requiring a city
9 cash match of $9,201.00;
10 WHEREAS, the existing full-time grant position shall be extended
11 through June 30, 1992, with potential for future extensions only as long as
12 the state grant funds are available;
13 WHEREAS, other staffing requirements to support the Chesapeake Bay
14 Preservation Program shall continue to be made, on an as needed basis, through
15 the reassigrunent of existing city staff;
16 WHEREAS, the funding to provide the $9,201.00 grant match will be
17 identified from the FY 1991-1992 Reserve for Contingencies and transferred to
18 the Division of Envirorunental Management.
19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA that a $15,000.00 grant from the Chesapeake Bay Local
21 Assistance Department be accepted and appropriated to the Division of
22 Environmental Management for the purpose of extending the full-time grant
23 position through June 30, 1992, with potential for future extensions as long
24 as further grant funding is available for its support; and that $9,201,00 be
25 transferred from the FY 1991-1992 Reserve for Contingencies to provide for the
26 local match.
27 BE IT FURTHER ORDAINED, that estimated revenues be increased by
28 $15,000.00 to reflect the grant from the Chesapeake Bay Local Assistance
29 Department.
30 Adopted by the City Council of the City of Virginia Beach,
31 Virginia on the day of 1991, FIRST READING: September 17, 1991
SECOND READING:
APPROVED TO CONTENT
WPPROVFD
LEGAL SI)FFI WALTEFt'C. K R,JR.
OFRCE OF BUDGET AND EVALUATION
41 -
Item
CONSENT AGENDA Item # 34906
Upon m,tion by Counci iman Clyburn, seconded by Counci Iman Baum, City Counci I
APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $13,000 to the Joint Cable
Center re video editing equipment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
AN ORDINANCE TO APPROPRIATE
1 OINT CABLE CENTER
2 FUNDS IN THE AMOIJNT OF $13,000 TO THE J
3 FOR VIDEO EDITING EQUIPMENT
4 WHEREAS, The Cox cable Companay has signed a franc-hise with the City of
5 Virginia Beach that includes an initial cash grant in the _.Unt of $1.00 per
6 subscriber;
7 WHERFAS, the funds received from the Cox Cable franchise are designated
8 to be used for equipment for the Joint Cable Center;
9 WHEREAS, this initial cash grant has been paid to the City of Virginia
10 Beach in the -o-t of $102,922 and is deposited in a Special Revenue Fund,
11 Access Channel Support Services;
12 WHEREAS, the Joint Cable Center needs to replace their Video Editing
13 Unit which cannot perform to specifications;
14 WHEREAS, the cost of replacement of the Video Editing Unit is $13,000
15 and replacement of the unit would yield a refund of $6,000 which will be
16 appropriated to the Access Channel support Services Special Revenue Fund;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That funds in the amount of $13,000 are appropriated in the Access
20 Channel Support Services Special Revenue Fund for the purpose of purchasing a
21 Video Editing Unit for the Joint Cable Center;
22 BE IT FURTHER ORDAINED:
23 The estimated revenue in the Access Channel Support Services Special
24 Revenue Fund be increased by $13,000 for funds received from Cox Cable.
25 This ordinance shall be in effect from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 day of 1991.
FIRST READING: September 17, 1991
SECOND READING:
LE
APPROVED AS TO
42 -
Item
CONSENT AGENDA Item # 34907
Upon motion by Counci Iman Clyburn, seconded by Counci iman Baum, City Counci I
ADOPTED:
Ordinance authorizing tax refunds In the amount ot
$11,874.48 upon appl ication of certain persons and
upon certification Ot the City Treasurer for
payment.
Votlng: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
C,ouncil Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndort
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 certifiration of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int. Total
NAME Year of Tax Number tion No. Paid
William A. Grigg 91 RE(2/2) 129511-9 6/5/91 5.16
Elizabeth S. Ternes 91 RE(1/2) 113502-4 10/2E/9n 55.56
Elizabeth S. Ternes 91 RE(1/2) 113503-3 10/26/90 314.93
Elizabeth S. Ternes 91 RE(1/2) 113500-6 10/26/90 6.02
Elizabeth S. Ternes 91 RE(1/2) 113501-5 10/26/90 6.50
Crestar Mortgaqe Coro. 91 RE(2/2) 38542-5 5/31/91 46.98
Clara Charles ql RE(2/2) 127029-8 2/13/91 12.90
Ameribanc Savings Bank 01 RE(2/2) 129776-9 6/4/91 946.84
Banc One Mortgage Corp. 91 RE(2/2) 70224-3 6/5/91 140.8,3
Camous East Assoc. 91 RE(1/2) 17480-3 9/26/90 22.36
tiolton, Allen & tqilliams Ltd 91 RE(1/2) 900013-6 11/13/00 491.12
Developers Service Corp. 91 RE(2/2) 126904-0 6/5/91 lf,)3.60
Seaboard Savings & Loan 91 RE(1/2) 113830-7 12/5/90 30.96
Seaboard Savings & Loan 91 RE(2/2) 113830-7 6/4/91 30.96
14esley D. Payne, Sr- 91 RE(2/2) 129305-9 6/3/91 72.14
Lucille B. Potter 91 RE(2/2) 91231-0 6/5/q-l 742.36
MPB Inc. 91 RE(2/2) 69360-9 5/24/91 251.56
MPB Ific. 91 RE(2/2) 69359-2 5/24/ql 816.36
Fourth Commerce Prop.Corp. 91 RE(1/2) 38290-9 11/6/90 38.70
Fourth Commerce Prop.Corp. cij RE(1/2) 38298-3 11/6/91 34.40
Gibson Equipment Co- 91 RE(1/2) 41801-5 12/5/90 2,082.44
Gibson Equipment CO. 91 RE(2/2) 41801-5 6/5/91 2,082.44
MSGP Inc. 91 RE(2/2) 69383-2 5/10/91 21.64
Eva S. Cates Ql RE(1/2) 19246-4 12/5/qO 7.74
Eva S. Cates 91 RE(2/2) 19246-4 6/3/91 7.74
Central Fidelity Bank 91 RE(2/2) 7800-7 6/5/91 88.84
L & B Investment 90 RE(2/2) 114984-0 6/4/c'O 17.49
L & B Investment 91 RE(1/2) 116280-5 11/30/90 18.48
L & B Investment ql RE(2/2) 116280-5 5/30/91 18.48
Joyce A. & William Pryor 88 RE(1/2) 88319-6 11/30/87 8.84
Joyce A. & William Pryor 88 RE(2/2) 88319-6 5/9/88 8.84
Fireman's Fund Mortgage 88 RE(1/2) q9860-6 12/5/87 5.45
Fireman's Fund Mortgage 88 RE(2/2) 99860-6 5/24/88 5.45
Fireman's Fund Mortgage 89 PE(1/2) 102805-5 12/5/88 5.70
Fireman's Fund Mortoage 89 RE(2/2) 102805-5 5/24/89 5.70
Fireman's Fund Mortgage 90 RE(1/2) 104378-5 11/29/89 7.36
Fireman's Fund @lortgage 90 P.E(2/2) 104378-5 6/5/90 7.36
Fireman's Fund flortgage 91 RE(l'/2) 105570-7 11/2Q/90 8.47
Total 8,578.75
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
78.75 were approved by
the Council of the City of Virginia
Beach on the@7-daY of tember
1991
Approved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C,-. 7 9/ 3/91 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 Int. Total
Year of Tax Number tion No. Paid
Citicorp Mortgage Inc 91 RE(2/2) 88239-8 6/5/91 111.50
National @lortgage Co 91 RE(1/2) 110168-5 11/26/90 41.28
National Mortgage Co 91 RE(2/2) 110168-5 6/5/91 41.28
American Home Fundina 91 RE(2/2) 129915-1 6/5/91 30.96
Atlantic Residential @lortgage 91 RE(1/2) 49881-1 12/4/90 46.35
Atlantic Residential @lortgage 91 RE(2/2) 49881-1 6/4/91 46.35
Robert A& Janet Kottke 91 RE(2/2) 128895-7 5/30/91 84.62
Evans, Williams ?@ Levinson 91 RE(1/2) 126904-0 3/14/91 292.82
Kempsville Bldg @laterials 90 RE(2/2) 76663-9 6/1/90 266.66
Sterling S. Montgomery 91 RE(1/2) 77914-3 12/5/90 508.98
Sterling S. Montaomery 91 RE(2/2) 77914-3 6/5/91 508.98
Terry L. Casper 88 RE(1/2) 88267-8 7/18/91 89.39
Secretary of Veterans Pffairs 88 RE(1/2) 88267-8 7/18/ql 12.24
Shearson Lelirqan Mortga.'Ie 86 RE(2/2) 111082-3 10/4/91 69.78
C S Hines 88 RE(1/2) 48151-1 12/2/87 19.74
C S Hines 88 RE(2/2) 48151-1 6/5/88 19.74
C S Hines 89 RE(1/2) 49768-3 11/29/88 20.59
C S Hines 89 RE(2/2) 49768-3 6/5/89 20.59
C S Hines 90 RE(1/2) 50545-8 12/5/89 21.99
C S Hines 90 RE(2/2) 50545-8 6/5/90 21.99
Teresa S. Zellner 88 RE(1/2) 120715-7 12/5/87 23.16
Teresa S. Zellner 88 RE(2/2) 120715-7 6/1/88 23.16
Teresa S. Zellner 89 RE(1/2) 124362-4 11/17/88 26.57
Teresa S. Zellner 89 RE(2/2) 124362-4 6/5/89 26.57
Teresa S. Zellner ao RE(1/2) 126641-9 12/5/89 28.38
Chevy Chase Savings Bank 89 RE(2/2) 125041-0 6/5/89 166.14
Chevy Chase Savings Bank 90 RE(1/2) 69909-8 12/5/90 129.41
Chevy Chase Savings Bank 90 RE(2/2) 69909-8 6/5/91 129.41
Chevy Chase Savings Bank 91 RE(1/2) 79n9l-l 12/5/90 136.69
Chevy Chase Savings Bank 91 PE(2/2) 79091-1 6/5/91 136.69
Charles Turner 89 RE(1/2) 36558-4 2/27/91 21.63
Charles Turner 89 RE(2/2) 36558-4 2/27/91 20.88
Charles Turner 90 RE(1/2) 114984-0 2/27/91 21.48
William D Story 89 RE(1/2) 107555-6 12/5/88 25.20
William D Story 89 RE(2/2) 107555-6 6/2/89 25.20
14i]liam D Story 9n RE(1/2) 109314-1 12/5/89 28.40
William D Story 90 RE(2/2) 109314-1 6/5/90 28.40
William D Story 91 RE(1/2) 110561-8 12/5/90 10.53
William D Story 91 RE(2/2) 110561-8 6/3/91 10.53
Cindy Amber N/A Pkng 346579 8/20/91 12.00
Total 3,295.73
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to pay
$3,2 95.73 were approved by
the Council of the City of Virqinia
17 day of Sepfember, 1991
Beach on the
Jol T. A(tkin@on' f r4asurer
Approved as to form:
Ruth Hodges Smith
City Clerk
@slid-L. Lille-y, C
- 43 -
Item 111-J.7.
CONSENT AGENDA Item # 34908
Upon motion by Counci ]man Clyburn, seconded by Councl I man Baum, City Counci I
ADOPTED:
Ordinance authorizing license refunds in the amount
of $16,614.69 upon appl lcation of certain persons
and upon certification of the Commissioner of the
Revenue for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, @ancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
Mayor Meyera E. Oberndorf
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
Crown Homes, Inc. 1990 Audit 256.00 256.00
4164 Va. Beach Blvd.
Virginia Beach, VA 23452
Dixie Gas Service, Inc. 1990 Audit 499.27 499.27
653 Lord Dunmore Drive
Virginia Beach, VA 23464
EsteS Realty Corp. 1991 Audit 622.65 622.65
3712 Holland Road
Virginia Beach, VA 23452
Certified as to Payment:
@Ro-bert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@sii'e L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1, 3 7 7. 9 2 were approved by the Council
of the City of Virginia Beach on the 17 day of September 19 l@
Ruth Hodges Smith
City Clerk
FMM NO. C.k 8 R@. 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
Express Plbg. & Drain Sewer Surgeon, Ltd-
T/A Sewer Surgeon 1990 Audit 53.60 53.60
725 Victor Road
Virginia Reach, VA 23454
Gardiner, Leslie & Kruzicki, David
T/A The Feminine Mystique 1990-91 Audit 40.03 40.03
2323 Red Tide Road
Virginia Beach, VA 23451
Gormlev, Daniel C. 1990 Audit 112.00 112.00
T/A Gormley Enterprises
2333 Fairmont Avenue
Philadelphia, PA 19130
Certified as to Payment:
Commissioner ol . @4nue
Approved as to form:
@sli6 L. Lille-y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 205.63 were approved by the Council
17 September 91
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smilh
City Clerk
FORM NO, C.1 8 REV. 3W
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
Hudgins, Ege, O'Brien PC 1989-90 Audit 470.28 470.28
615 Lynnhaven Parkway
Virginia Beach, VA 23452
Jacobson, Marc 1990 Audit 684.34 684.34
T/A Marc Jacobson, Atty.
P. 0. Box 3251
Norfolk, VA 23514
KAH Imports Inc. 1989-91 Audit 674.06 674.06
T/A Virginia Beach Acura
3496 Holland Road
Virginia Beach, VA 23452
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Apprn\/t,.(i ar, to fnrm
FC>RM @. 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 Int. Total
Year Paid
Kempsville Transmission Svstem, Inc.
T/A Cottman Transmission systems
Ontario Development 1990-91 Audit 901.87 901.87
150 Linden oaks
Rochester, NY 14625
Lakeside Psychological Cntr. PC
319 Edwin Drive #103 1991 6/26/91 250.26 250.26
Virginia Beach, VA 23462
Laster, William K. Etals
T/A Westar Mechanical co. 1989-90 Audit 105.96 105.96
1465 Lakeside Road #103
Virginia Beach, VA 23455
Certified as to Payment:
.be,t P Vaghan
Commissioner of the Revenue
Approved as to form:
L@l e i:. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 8.09 were approved by the Council
of the City of Virginia Beach on the 17 day of September 19 91
Ruth Hodges Smith
City Clerk
FORM NO. C.& 8 FIEV, "B
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
Year Paid Base Penalty lnt. Total
Lighting Dimensions & Designs
414 S. Parliament Drive 1989-91 Audit 606.34 806.34
Virginia Beach, VA 23462
Lynnhaven Lincoln Mercury Inc.
2375 Virginia Beach Blvd. 1989-91 Audit 6,220.95 6,220.95
Virginia Beach, VA 23454
McClees Gallery Inc. 1987-91 Audit 2,669.30 2,669.30
T/A McClees Associates
515 Wilder Road
Virginia Beach, VA 23451
Certified as to Payment:
Commissioner of I
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 9,696-59 were approved by the Council
of the City of Virginia Beach on the 17 day of September 91
19
Ruth Hodges Smith
City Clerk
FOFIM NO. C.A. 8 REV@ &W
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
Year Paid Base Penalty Int. Total
Nobles Lawn care, Inc. 1990 Audit 172.32 172.32
1036 Patrick Henry way
Virginia Beach, VA 23455
OB-Gyn Specialists of Tdwtr., Ltd.
512 S. Independence Blvd. 1990 Audit 1,795.22 1,795.22
Virginia Beach, VA 23452
Princess Anne Turf & Tractor
4653 S. Battlefield Blvd. 1989 Audit 51.10 51.10
Chesapeake, VA 23322
Certified as to Payment:
Commissioner of t[
Approved as to fr)rm-
FOAM NO. CA 9 REV. 3%
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
Year Paid Base Penalty lnt. Total
Thorpe, Sollie W. T. 1989-90 Audit 69.48 69.48
T/A S. W. Thorpe construction
Audio Productions
2220 Trant Lake Drive
Virginia Beach, VA 23454
Whitehead, Charlie 1990-91 Audit 159.66 159.66
T/A Highs ice Cream
25 Jouett Street
Portsmouth, VA 23702
Certified as to Payment:
Commissioner of tl
Apprn\,P,ri a,; in fnrm
- 44 -
Item Ill-K.I.
APPOINTMENTS Item # 34909
ADD-ON
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
ADVERTISING ADVISORY REVIEW COMMITTEE
Charles G. Barker
Voting: 10-0
Council Members Voting Aye:
John A. Saum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 45 -
Item Ill-K.2.
APPOINTMENTS Item # 34910
ADD-ON
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
BOARD OF BUILDING CODE APPEALS
NEW CONSTRUCTION DIVISION
Donald R. Trueblood, Licensed Professional Engineer
Unexpired Term ending 12/31/92
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and Wilflam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 46 -
Item Ill-K.3.
APPOINTMENTS Item # 34911
ADD-ON
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
HAWTON ROADS AIR POLLUTION DISTRICT COMMISSION
Roger L. Handy
Two Year Term: 11/1/91 - 10/31/93
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Councli Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 47 -
Item Ill-K.4.
APPOINTMENTS Item # 34912
ADD-ON
Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED:
HISTORICAL REVIEW BOARD
Thomas L. Ackiss
Bartow H. Bridges, Jr.
Joan L. Wright
Two Year Term: 11/1/91 - 10/31/93
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louls R. Jones, Paul J. Lantelgne, Reba S.
McCianan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
- 48 -
Item Ill-L.I.
NEW BUSINESS Item # 34913
ADD-ON
Upon motion by Counci Iman Heischober, seconded by Counci Iman Clyburn, City
Council AUTHORIZED:
Consultant agreement with Giles G. Dodd to call
upon his talent/expertise when needed.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, 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:
Mayor Meyera E. Oberndorf
- 49 -
Item Ill-M.I.
ADJOURNMENT Item # 34914
Upon motion by Counci Iman Baum and BY CONSENSUS, City Counci I ADJOURNED the
Meeting at 6:45 P.M.
MC
l.f Dputy Clt@ Cl.,k
th Hodge @'t ' CMC AAE
C.,ty Cl.,k
City of Virginia Beach
Virginia