HomeMy WebLinkAboutSEPTEMBER 24, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
CITY COUNCIL AGENDA
@U'll -G. S@IIH,
SEPTEMBER 24, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber 2:30 PM
A. NATURAL HERITAGE PROGRAM
Michael Lipford, Divislon Dir,ct,,
Department of Conservation and Recreation
Commonwealth of Virg!nia
ITEM 11. CITY COUNCIL WORKSHOP Gouncil Chamber - 3:00 PM
A. CAPITAL IMPROVEMENT PROGRAM
ITEM 111. INFORMAL SESSION Council Chamber - 5:00 pM
A. CALL TO ORDER - May,r Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Thomas Reynolds
Charity United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - September 17, 1991
G- MAYOR'S PRESENTATION:
1- PROCLAMATION - OPERATION SUNBURST
Bartow H. Bridges, Jr., Chairman
H. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION OF CONDITIONS In the March 26 1 984, Approved
Applications of BANK OF THE COMMONWEALTH t.r C'h onlnq
Di.strict Classifirations e s,,.s on the a' Z ;f
KE si5e-
f Indian River Road (1426 and 1436
Kempsville Road) (KEMPSVILLE BOROUGH):
FENNER V. WOOLARD, JR., JOHN E. GREEN, JR., and JUNE C.
GREEN from R-6 Residentia District to B-2 Community-
uslness Dis acre parcel;
AND,
JAMES H. REYNOLDS from 0-1 Office District to B-2
Commun n a 2.06-.cr. p-rcel-
Deferred: August 27, 1991
b. RECONSIDERATION of Petition of HILDA W. ARCHBELL for the
dIscontinuance. closure and abandonment of a portion of
Ar oundary of Winston-
Sa therly direction a distance of
15, and containing 3, 750 square
f e,
Scheduled for Reconsideration: August 13, 1991
Deferred: September 17, 1991
c. Application of MIRIAM SEEHERMAN to authorize a change in a
nonconforming use at 109 55th Street, containing 6625 square
feet (LYNNHAVEN BOROUGH).
d. Application of EMMANUEL PROTESTANT EPISCOPAL CHURCH for a
Conditional Use Permit for a church addition on the South side
of Princ s Anne Road, 30 feet more or less west ot
Kempsville Road (5181 Princess Anne Road), containing
2.57 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of AMOCO OIL COMPANY for a Conditional Use Permit
for an automotive service station and c unc ion
with hwes- hampton
Boui( er Road (5765 Northampton Boulevard),
containlng 1.373 acres (BAYSIDE BOROUGH).
Deferred: September 17, 1991
Recommendation: APPROVAL
f -Application of GREATER ST. ANDREWS A.M.E. CHURCH for a
Conditional Use Permit for a church..addition on the East side
of MacDonald Oad, 180 foet m re Or I ss South of Townsend Road
(3008 MacDonald Road), containing 43,124 square feet
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
9. Application of THE SOUTHLAND CORPORATION for a Conditional Use
Permit for an automotive service station In con
convenience st I or
(2015 Salem Road), containing 30,807.8 square
feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
h. Applications of EIGHT D CORPORATION re Northeast corner
of General Booth Boulevard and Culver Lane
(PRINCESS ANNE BOROUGH), containing 2.213 acres:
Conditional Zoning Classtfication from AG-2 Agricultural
District to sinesb UlSTrICT;
AND,
Conditional Use Permit for an automobile serv tion (_qas
sales.in onjunction w*ith a con-v,
an aUTOMOTive service establishme
Recommendation: APPROVAL
i. Ordinance to AMEND and REORDAIN the City Zoning Ordinance by
ADDING Section 210.1 re sign permits.
Recommendation: APPROVAL
1. RESOLUTIONS
1. Resolution approving an Informative Charter Amendment Summary on
the issue of direct election of the School Board.
2. Resolution directing the City Attorney and City Clerk to advertise,
in accordance with requirements of the Code of Virginia, a request
that the Virginia General Assembly amend the Charter of the City of
Virginia Beach to reapportion the Boroughs from which Council
Members are elected. (Sponsored by: Mayor Meyera E. Oberndorf).
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. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Authorize the City Manager to execute:
a. Cost-share agreement with the BOYS CLUB OF NORFOLK, INC.;
b. Acquisition of two parcels (Parcel A: 3.055 acres and Parcel C:
4.610 acres, shown on a plat entitled: "Subdivision of Property
of Shirley Buckner, Princess Anne Borough");
c. Agreement of sale with the BOYS CLUB OF NORFOLK, INC., re
construction of future Princess Anne Library and Department of
Parks and Recreation Administration Building (PRINCESS ANNE
BOROUGH).
2. Authorize the City Manager to execute an Agreement with the
Virginia Department of Transportation re London Bridge Road Phase I
(CIP 2-055).
3. Resolution confirming the appoini'Ments of:
a. Diane E. McNamara, Assistant City Attorney
effective September 1, 1991
b. Vanessa T. Valldejult, Assistant City Attorney.
effective September 1, 1991
4. Ordinance, upon SECOND READING, to ACCEPT and APPROPRIATE $15,000
Grant from the Chesapeake Bay Local Assistance Department to the
Division of Environmental Management re Chesapeake Bay Preservation
Area Program.
5. Ordinance, upon SECOND READING, to APPROPRIATE $13,000 to the
Joint Cable Center re video editing equipment.
6. Ordinance appointing viewers In the petition of Aqua Investment
Associates for the closure of a portion of 39th Street t the
eastern right-of-way line of Atlantic Avenue, (plat entitled:
"Property of Virginia Beach Development Companyti), containing 3,182
square feet (VIRGINIA BEACH BOROUGH).
7. LOW BIDS with advance notice to proceed:
D.J.W. CONSTRUCTION Princess Anne Park $ 879,444.01
CO, INC. Expansion Phase I
(CIP 4-935)
PRECON, INC. Resort Streetscape 790,724.00
Improvements Section 4,
Phase I (CIP 2-049)
PRECON, INC. Resort Streetscape 573,210.00
Improvements Section 5,
Phase I (CIP 2-049)
K. APPOINTMENTS
PUBLIC LIBRARY BOARD
TRANSPORTATION SAFETY COMMISSION
L- UNFINISHED BUSINESS
M- NEW BUSINESS
N. ADJOURNMENT
9/18/91 lbs
CITY COUNCIL SESSIONS
RESCHEDULED
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
M I N U T E S
VIRGINIA BEACH CITY ROUNCIL
Virgitila Beacli, Virginla
September 24, 1991
Mayor Meyera E. Oberndorf called to order the CITY MANAGER,S BRIEFING relative
NATURAL HERITAGE PROGRAM of the VIRGINIA BEACH CITY COUNCIL in the Council
Chamber, City Hall Building, on September 24, 1991, at 2:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Louis
R. Jones, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Absent:
None
2
C IT Y MANA GE R S B R I E F IN G
NATURAL HERITAGE PROGRAM
2:30 P.M.
ITEM # 34915
Robert Matthias, Director of Intergovernmental Relations, introduced Michael
Lipford, Division Director - Department of Conservation and Recreation -
Commonwealth of Virginia.
The Virginia Natural Heritage Program was established in 1986 as a cooperative
effort of the Commonwealth of Virginia and The Nature Conservancy, a private,
non-profit organization dedicated to the preservation of natural diversity. In
1988, the Virginia Natural Heritage Program became an organizational component
of the Virginia Department of Conservation and Recreation in the Division of
Natural Heritage. The inventory system focuses on identifying natural heritage
resources in Virginia. Mr. Lipford related the preliminary results of the
Second Year Inventory. The City of Virginia Beach has more rare species than
any locality east of the Blue Ridge Mountains. This inventory should be
beneficial for land use planning in the future. The Natural Heritage Program is
encompassed within the Department of Conservation and Recreation and is
comprised of three sections: Inventory, Data Management and Natural Areas
Protection. This Program is part of an international system of Natural Heritage
Programs that extend in all fifty states and most of the Canadian Provinces and
twelve Latin American Countries. The Natural Area Preserves Act is the enabling
legislation and is comprised of three sections: Inventory, Protection of
Natural Areas and Managing a System of Natural Area Preserves within the
Commonwealth. Natural Heritage Resources consist of five categories:
Rare Plants
Rare Animals
Natural Communities
Geologic Features
Other Natural Features
A list is developed of the rare elements present in the State of Virginia and
basically the rare plants and animals monitored represent about 25% of the
State's Flora and Fauna. After development of this lists, each of the species
is ranged from one to five - one being the most rare, five being the most
common. The ranking is on two-tier approach: rarity within the State of
Virginia and rarity throughout the globe. A staff of twenty Interdisciplinary
Scientists collect the information which is placed in a data management systems
entitled the Biological and Conservation Data System, an interiocking of map
and computer files. Besides being utilized as a part of the State's
Environmental Review Process, the Program assists in implementing the
Endangered Species Act by working closely with the U.S. Fish and Wildlife
Service, as well as the regulatory agencies in State Government and finally
becoming more involved with localities in terms of Comprehensive Land Use Plans
and protecting Natural Resources through local tools.
Approximately 600 sites in Virginia Beach have been identified as worthy of
protection. Funds are received from the General Assembly to protect some of
these very important areas, which is by the way of the Natural Area
Preservation Fund. The areas acquired are part of the State's Natural Area
Preserves System. Basically, there are nine areas protected in the
Commonwealth. The first component of the State's Natural Area Preserves System
was acquired in the City of Virginia Beach - the North Landing River Preserve
(2 parcels). The Program is also charged with the Management of these
Preserves.
The Program is under contract by several localities through the Urban Crescent
for inventory: Loudon County (completing its first year), James City, York and
the City of Williamsburg (4th year of Inventory) and the City of Virginia
Beach. Some variations of this inventory have also been performed on the
Northern Neck and Northampton County. A list of potential Natural Areas during
the first year of contract was developed and then the list was whittled down to
a working list considered to be one of the most significant areas in the City
of Virginia Beach. Basically, there are 253 occurrences of special plants,
special animals and natural communities. There are 46 special animal species,
86 special plant species and 10 significant natural community types (the dune
system at Seashore State Park) in the City of Virginia Beach.
- 3 -
C IT Y MANA GE R ' S B R I E F IN G
NATURAL HERITAGE PROGRAM
ITEM # 34915 (Continued)
There are 292 occurrences of Natural Heritage Resources in the City - 103 in
the Chesapeake Bay Watershed and 189 in the Southern Watershed. Of these
occurrences, fifty-nine percent (59%) are found in wetlands with forty-one
percent (41%) being in uplands. Mr. Lipford displayed a slide reflecting the
occurrences presently existing. A slide depicting the North Landing River
Watershed showing a conservation planning line. This line has enabled focusing
of efforts in terms of conservation planning within this boundary.
Caren Caljouw, Stewardship Co-ordinator for the Natural Areas Program, advised
the North @nding River was designated in 1989 as a scenic river. The North
Landing River system is the natural area we believe to be of State-wide,
regional and national significance. There are over twelve parcels of land that
have been permanently protected on the river system. The preserve system
encompasses more than 5,000 acres. The North Landing River preserve occurs on
the North and South side of Pungo Ferry Road. This particular project was a
tremendous co-operative effort and involved Federal agencies and private
conservation groups. Ducks, Unlimited, provided a tremendous amount of funding
for this project. The North American Wetlands Council has identified the North
Landing River as a top priority for conservation action in recent years and has
committed over $1-MILLION of funding to preservation. Pungo Ferry Road crosses
through the center of the preserve and is comprised of approximately 1800
acres. Miss Caljouw advised the areas highlighted in white on the slide display
were owned and managed by the Department of Conservation and Recreation. These
particular areas harbor many rare species. New Preserve Boundary signs have
been posted along the road. The Preserve moves from marsh into forested swamp
and then out to the fringes of the property, the upland edges. The featured
wetlands are fresh water marshes that are influenced by wind tides and a very
rare community called the Poquoson. Poquoson is an Indian term and it means
"Swamp on a Hill" which refers to the doming of the peat moss which underlies
the shrub swamp found in this vicinity. The City is in the process of
developing a management plan. Basically, an eco-system approach is undertaken
for management of the site in attempting to understand the wetland systems
occurring there and the rare species dependent on said wetlands.
Atlantic White Cedar is a very rare tree in Virginia and is known in only a few
localities. There is a small population existing at Seashore State Park and the
North Landing River harbors the best population of this species anywhere in the
State. This tree is dependent on a rigid nutrient cycle. Miss Caljouw
displayed slides depicting rare plants and species. The cane break rattlesnake
is rare within the State and fairly restricted to the City of Chesapeake and
Virginia Beach area. Tt requires more old growth forested areas as it dens in
old logs and stumps left within the forest floor. The cane break rattlesnake
feeds extensively in the open marshy areas. The North Landing River harbors
over 340 Great Blue Herons and over 90 Great Egrets that nest along the upper
reaches of the North Landing River.
In determining the needs for the resources found on the Preserve, the Program
needs to balance economic growth, development and agricultural uses. The
Program is anxious to work with the City in providing adequate buffers on
wetland edges and work on Best Management Practices for many of these areas.
The Department needs to develop a system of how threats are addressed i.e,
pollution through water sources and is anxious to work with the City, the Corps
of Engineers and others in addressing those important issues. The needs for
.recreational use on the River System need to be balanced. The freshwater
marshes found in the system require a delicate balance of salinity. A hunting
plan is being developed with duck hunting continuing within the area. The
blinds will be floating. There will be no blinds located on the land surface.
The Department is moving forward to develop a conservation plan. There was a
meeting with the City of Virginia Beach to discuss potential co-operative
projects in providing recreational potential for interpretative services,
building of boardwalks and other facilities.
- 4 -
C I T Y M A N A G E R ' S B R I E F I N C
NATURAL HERITAGE PROGRAM
ITEM # 34915 (Continued)
Concerning the Preserves, Mr. Lipford advised in 1988, there was an
appropriation of $2-MILLION by the General Assembly. $1.5-MILLION was matched
by $500,000 of the Nature Conservancy called the Partners in Conservation
Program. The Heritage Program identified this as being a top conservation site
in Virginia. The Nature Conservancy purchased the site and put in 25% of the
cost and transferred it to State Government. Mr. Lipford advised the $600 an
acre figure is based on the inclusion of upland area within the preserves and
is not just pure wetlands. Mr. Lipford will forward materials concerning
determination of per acre price and comparable sales. Mr. Lipford also advised
of another effort. The North American Wetlands Council, through the
implementation of the North American Waterfowl Management Plan, identified and
appropriated significant funds, yet to be determined, to acquire additional
tracts within the area.
An information packet will be forwarded listing the rare species and plants and
the areas in which they are located relative the Southern Watersheds.
Information regarding economic incentives for the landowners to protect
resources will also be provided.
- 5 -
CITY COUNCIL WORKSHOP
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
ITEq # 34916
3:22 P.M.
E. Dean Block, Assistant City Manager for Economic Management, presented the
Capital Improvement Program FY 1991-1992 - 1995-1996, and advised the CIP is
based upon City Council's resolution delineating no increase in the City's
annual debt service for Fiscal Year 1992-93 and borrowing plan alternatives:
FY 1991-92 COUNCIL DEBT SERVICE
(EXPRESSED IN MIUIONS OF DOLLARS)
FY 1991-92 DEBT SERVICE: $60.9
FY 1992-93 ESTDMTED DEBT SERVICE: $68.6
LESS: DEDICATED TAX 7.7
TOTAL ESTIMATED TAX $60.9
INCREASE/(DECREASE): $ 0.0
DEBT POLICIES
1. The City will issue bonds for capital improvements
with a cost in excess of $250,000 or which cannot
be financed from current revenues
2. When the City finances capital projects by issuing
bonds it will pay back the debt within a period not
to exceed the expected useful life of the projects
3. The total annual budgeted debt service for General
Coverrunent Supported Debt will not exceed 12.5
percent of General Government Budgeted Expenditures
4. Total 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 3.5cts of assessed value,
whichever is lesser
5. Total General Obligation Debt Per Capita will not
exceed 125% of the 3-Year Average Moody's Median
Ratio of General Obligation Debt Per Capita for
cities of comparable size, or $1,300 per capita,
whichever is lesser
6. Total General Obligation Debt Per Capita shall not
exceed 6.5% of per capita personal income
7. Where possible, the City will develop and utilize
revenue, special fees, or other self-supporting
debt instruments instead of general obligation
bonds
8. The debt structure of the Government will be
managed in a manner that results in minimal
deviation from the indicators listed in this policy
6
CITY COUNCIL WORKSHOP
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 # 34916 (Continued)
9. The City will maintain good communications
regarding its financial condition. It will
regularly evaluate its adherence to Its debt
policies. The City will prOmOte effective
communicatlons with bond rating agencies and oth,rs
in the marketplace based on full di,closure.
A three-year Moody Indicator was tilized, as the moody's Indicator fluctuates
considerably from year-to-year.
ANNUAL GROWTH ASSUMPTIONS
GOVERNMENT FINANCE
PROPOSED RESEARCH CENTER
CIP LOW MODERATE HIGH
POPULATION 2.0% 1.0% 3.0% 5.0%
YRI 1%
ASSESSED YR2 2% 0.0% 3.0% 5.0%
VALUATION YR3-5 3%
PERSONAL
INCOME 3.5% 3.0% 5.0% 7.0%
GOVERNMENTAL
EXPENDITURES 5.0% 0.0% 3.0% 5.0%
COMPARISON OF CIP ALTERNATIVES
PROPOSED ALTERNATIVES
CIP A B c
CIP IMPACT (millions): 0.0 +38.7 +12.8 -65.6
POLICY STANDARDS
Five-Year Average:
Debt Service to
General Government 9.73% 9.89% 9.79% 9.35%
Expenditures
Debt to Assessed
Value 2.94% 3.02% 2.96% 2.76%
Debt Per Capita $1,202 $1,237 $1,216 $1,122
Per Capita Debt to
Per Capita Income 6.0% 6.2% 6.1% 5.6%
Five-Year Peak Amount:
Debt Service to
General Government 10.28% 10.66% 10.43% 9.53%
Expenditures
Debt to Assessed
Value 3.10% 3.30% 3.20% 2.80%
Debt Per Capita $1,290 $1,359 $1,320 $1,152
Per Capita Debt to
Per Capita Income 6.1% 6.4% 6.2% 5.8%
- 7 -
CITY COUNCIL WORKSHOP
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 # 34916 (Continued)
Concern was expressed relative NO. 7 f the Debt Policies concerning "special
fee", especially the stormwater management fee and its effect n the rural
areas.
- 8 -
I T E M S 0 F T H E C I T Y M A N A G E R
4:40 P.M.
ITEM # 34917
City Attorney Leslie L. Lilley Introduced Assistant City Attorneys Diane E.
14cNamera and Vanessa T. Vaildejull. Their appointments were effective
September 1, 1991. Confirmation of appointments is listed under the CONSENT
AGENDA. Miss McNamara will be working in the Administrative Law Section. Miss
Validejull will be working in the Zoning and Environmental Law area.
ITEM # 34918
The City Manager referenced proposed revision to the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands. The Hampton Roads Planning
District Cofmnission, on consultation with area jurisdictioh's staff, has
prepared comments to the Wetland's Manual. The Executive Committee of the HRPDC
adopted these comments at its September 18, 1991, meeting. Comments on the
proposed changes must be submitted for consideration by October 14, 1991. The
City Manager distributed copies of -@roposed comments and a copy of the
Resoiution endorsing said comments. These documents are hereby made a part of
the record. Robert Matthias, Director of Intergovernmental Relations, detalled
some of the HRPDC comments. Louls Cullipher, Director of Agriculture, advised
In his opinion the Planning District Commission had done an outstanding job In
their comments. The HRPDC believes that all three criteria - Hydrology, Soils
and Vegetation must be met in order to qualify an area as a Jurisdictional
wetland. This Resolution will be presented during the FORMAL SESSION to
determine whether or not to add it to the Agenda.
The City Manager referenced the Memorandum of September 20, 1991, relative
Grounds Maintenance Activities - Feasibility of Consolidation. The City Staff
has reviewed grounds maintenance functions common to the Divisions of Parks and
Landscape Services: Contractual Nowing, City Crew Mowing and Horticultural
Operations. Concerning contractual mowing, both the Divisions of Parks and
Landscape Services have areas under contract for mowing and landscape
maintenance. This function is recommended to be transferred to Landscape
Services. Relative City Crew Mowing, consolidation is not recommended. However,
in order to address the perception of duplication of effort and services
overlap, further evaluation Is recommended. Concerning Horticultural
Operations/Plant Material Maintenance, both divisions have subunits which
perform horticultural functions. The Parks subunit works only at park sites and
Landscape Services performs this function at buildings and other Cit y property.
Due to common job titles and functions, the subunit in Parks could be
transferred to Landscape Services without adversely impacting work development
and maintenance if the current service to park sites Is continued.
Mayor Oberndorf referenced the comments relative the height of grass. The City
Manager advised it is not inattention but relates to the frequency of the
mowing and the amount of rainfall. From a priority standpoint, Parks and
Recreation land was mowed qulcker than the grass along the sides of the road.
The City Manager will provide City Council a mowing schedule for different
types of land use.
The City Manager will provide information relative the amount and width of
acreage as well as type of equipment utilized to determfne contractual mowing.
The Staft will advise City Council concerning savings and efficiency after
these mowing functions have been In effect tor a year.
- 9 -
ITEM # 34919
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Councii Chambers, Cl ty HAII Bui Idin g, on
Tuesday, September 24, 1991, at 4:45 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
- 10 -
ITEM # 34920
Mayor Meyera E. Obernd,rf entertained a motion to permit City Council to
conduct Its EXECUTIVE SESSION, pursuant tO Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
t
1. PERSONNEL MATTERS: Discussion or consideration of or in rviews of
rOsPect*lve candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplintng, or resignation of specific
publlc officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Public Library Board
Transportation Safety Commission
Upon motion by Vice Mayor Fentress ' seconded by Councilman sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vlce Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
None
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 24, 1991
6:00 P.M.
Mayor Meyera E. Oberndorf ca I I ed to order the FORMAL SESS I ON of the VIRGINIA
BEACH C I TT COUNC I L I n the Counc I I Chambers, C I ty Ha I I Bu i I d i ng, on Tues day,
September 24, 1991, at 6:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Vice Mayor Robert E. Fentress
PLEDGE _AMERICA
12 -
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 34921
Upon motion by Vire Mayor Fentress, seconded by Counc[Iman Heischober, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN'ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certiftcation resolution applies;
AND,
Only such public business matters as ,re
Identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
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 # 34920,
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 Exec,tive Session was
conducted in conformity with Virginia law.
NOW, TIIEREFORE, 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 Sessio, 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.
Rut Hdgs mith, CMCIAA'2
City Clerk September 24, 1991
1 3
Item IV-F.l.
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 Councilman Brazier, seconded by
Councilwoman McCianan, City Council MOVED FORWARD
on the PLANNING AGENDA Application of BANCROFT
HALL CORPORATION and T. WAYNE 140STILER for a Change
of Zoning District Classification from B-2
Community-Business District to R-10 Residential
District 450 feet South of Mill Dam Road, 749 feet
more or less East of Great Neck Road, containing
25,000 + square feet; AND, Application of BANCROFT
HALL COKPORATION 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).
The vote was incorrectly stated as 9-0. The correct
vote was 8-1.
Councllman 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, @ancy K. Parker and William D. Sessoms, Jr.
Councll Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndort
Council Members Absent:
None
Mayor Oberndort ABSTAINED as she was observing YOM KIPPUR and not in attendance
during the City Council Session of September 17, 1991.
- 14 -
Item IV-G.l.
P4AYORIS PRESENTATION ITEM # 34923
PROCLAMATION - OPERATION SUNBURST
Mayor Oberndorf PROCLAIMED the month of October:
OPERATION SUNBURST MONTH
The Honor able Robert G. Jones, Mr. B. W. "Pat" Bri dges and Mrs. Bi IIle Prock
ACCEPTED the PROCLAMATION.
The City of Virginia Beach is endeavoring to be recognized as "The Most
Beautiful City In the United Statesu by the year 2000. Operation Sunburst Is
dedicated to enhancing the aesthetics of our City through community
participation in the planting of Carlton daffodil bulbs.
Mayor Oberndort urged all citizens to support the beautification project.
1 5
Item IV-G.2.
MAYORIS PRESENTATION ITEM # 34924
RESOLUTION IN RECOGNITION
ADD-ON
Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to:
Aubrey V. Watts, Jr.
City Manager
City Manager Aubrey V. Watts, Jr., has been a dedicated, diligent and extremely
resourceful public servant In the City of Virginia Beach for twenty-eight
years.
Aubrey V. Watts, Jr., began his Illustrious municipal career in 1963 as Deputy
City Treasurer and served as the Assistant Director of Finance, the Director of
Personnel, the Director of Public Utilities, and the Deputy City Manager before
being appointed City Manager in 1987.
Aubrey Watts will be remembered as a family man, a patriot, a mentor, a friend
and a cornpassionate, professional Manager committed to the h i ghest qua I I ty
administration possible.
Mr. Watts will be retiring as City Manager effective September 30, 1991.
- 16 -
Item IV-G.2.
MAYOR'S PRESENTATION ITEM # 34925
RESOLUTION IN RECOGNITION
Upon motion by Counci lwoman Parker, seconded by Vice Mayor Fentress, City
Council ADOPTED:
RESOLUTION IN RECOGNITION
TO
AUBREY V. WATTS, JR.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
M@: Cibg Manager AuhreU j). OaLts, Jr., has been a bebicaleb, 6iligenL, anb exLremelU resourceful public
servant in bhe CITU of i)lrginia Beach ror LWentU-eighb gears;
m@.. AubreU U. latts, Jr.'s, carter lias been Li,e classlc slaru of a bo!l from'rural I)ircinia Beach who
worked his wag ba the prestlainus po$illon of Citil Manager through hard mark, perst,)trance. and
bevation to camunItU;
la@: the vision and leaderslilp of Aubrcg 1). iDaLLs, Jr., lielpcb Shape the CuLure of Oirainta BeaCh as IL
grew trom a quaint rural, resort communiLM La the greal cibg It is toba!l. As Citg Manager Aubreg U.
Matts, Jr., prepares to retire, he brings an end to an era and leaves behind a legac;u of vision,
qualitg, and integritg;
MgMtM: Aubreg U. I)atts, Jr., began his illus@rinits munlcipal career In 1963 as Depubg Cibg Creasurer and
st.rued as the Assistant Director of Finance, the DirecLor of Personnel, Lhe Director of Public
Ut!llibles, Inb the Depu@U CiLg Manager bctore being appoinleb Cib!l Manager in 1987;
la@: Aubrtu U. lOaLts, Jr., bas been responsible ear the development an6 success of mang major cibg
Initiatives, all of which benetitte6 fram his lnspiratiun, Insight, and Itabership. lliahlights of
his succtssts tnclnae: the Cake CaSLan lDaLer Yupplg Project; total Qualitu management; the st!rate(tic
plannlng anb re.rganization of team I)irginia Beach; ResorL RevitalliaLlon; "Operation Dig Beach"; the
Before $chool, AfLer $chool anb Sti=er ActIvILU Center Programs; Lhe certiricate DE Occupancu
Program,, the fabor DaU task force OCtice; and, the EmplaUte transition Prigram;
13@: Aubreg U. ]Batts, Jr., Is besl recognized for his trabillonal Amerlcan values, solid work ethic,
tntenstut personal briue and high energg. In pursuit of a better I)Irginia Beach, hubreg U. leatts,
Jr., worked long znd harb, putting the CiLg,s InLeresL about his own, Lhus sacrificing previous
familg moments anb personal time ln service to his cumunitg; ana,
U@: Aubreg )). MaLts, Jr., c.nclub" his public s@rvice career In ')Irgi.la Beach, he .111 b. fondlg
remembtrob as a man cE vision, InLegrllg, co=lt.enL,, lnitialive, an6 motivation. fle will be
rememberob as a familg man, a patrint, a menl.r, a friend, and a compassionale Manager comitted to
the highest qualitg possible.
mom, ia@ORE, BE x( Rmi:mM, that thc ))irginia Beach CILU Council herebg recognizes Aubreg 0. vat!L.S, Jr.,
for bis cr.at!iv. ana Lenact.us abilitg, @edicalion ba purpo@. and comitment to bhe Citg of Vtrainia Beach,
Ulrglnia.
olven unber our hanbs ana sS41s this twenlg-rourth 6,ig of ;eplember, n ,,n Ilunlrel and Nine
John A. Paum Jame/g. Brazierpir.
-@e mcclanan c essams
ober", r,
Magar ))ice MaBor
1 7
Item IV-H.l-
PUBLIC HEARING ITEM # 34926
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) BANK OF COMMONWEALTH RECONSIDERATION OF CONDITIONS
(FENNER V. WOOLARD, JR.,
JOHN E. GREEN, JR. AND JUNE
C. GREEN AND JAMES H.
REYNOLDS APPROVED: 3/26/84)
(b) HILDA W. ARCHBELL RECONSIDERATION/STREET CLOSURE
(c) MIRIAM SEEHER14AN NONCONFORMING USE
(d) EMMANUEL PROTESTANT EPISCOPAL CHURCH CONDITIONAL USE PERMIT
(e) AMOCO OIL COMPANY CONDITIONAL USE PERMIT
(f) GREATER ST. ANDREWS A.M.E. CHURCH CONDITIONAL USE PERMIT
(g) THE SOUTHLAND CORPORATION CONDITIONAL USE PERMIT
(h) EIGHT D. CORPORATION CONDITIONAL ZONING
AND
CONDITIONAL USE PERMIT
(i) CITY ZONING ORDINANCE AMEND AND REORDAIN
Section 210.1 re sign permits.
- 18 -
Item IV-H.l.a
PUBLIC HEARING ITEM # 34927
PLANNING
Bi I I Cashman, 5544 Greenwich Road, Phone: 473-200, Langley and McDonald,
represented the app I I cant. Mr. Cashman ref erenced a I etter f rom the Runnymede
Corporation dated September 20, 1991, indicating their support contingent upon
the conditions outlined. Said letter Is hereby made a part of the record.
Nicholas Hutsko, 5253 Indian River Road, spoke in support of the application.
Upon motion by Counci Iman Clyburn, seconded by Vice Mayor Fentress, City
Council WAIVED conditions Imposed on February 12, 1991, in the applications of
BANK OF THE COMMONWEALTH for a Change of Zoning of two parcels from R-6
Residential District (now R-7.5) and 0-1 Office District (now 0-2) to B-2
Community Business District. Properties are located at 1426 and 1436 Kempsville
Road.
APPROVED March 26, 1984 as:
ORDINANCE UPON APPLICATION OF FENNER V. WOOLARD,
JR., JOHN E. GREEN, JR., AND JUNE C. GREEN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B-2 Z0384841
ORDINANCE UPON APPLICATION OF JAMES H. REYNOLDS FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1
TO B-2 Z0384842
The following conditions shall be required:
1. Extend the existing Northbound right turn lane on
Kempsvi I le Road approaching the Indian River Road
intersection. The extension will provide
approximately 480 linear feet of additional turn
lane. The turn lane and taper will extend
approximately 200 feet South of the existing
driveway entrance to Runnymede's property.
2. Close two existing driveway curb cuts along the
frontage to the two parcels owned by the Bank of
the Commonwealth. These driveways were Installed
as part of the recent widenlng of Kempsville Road.
3. A one-foot no ingress/egress easement shall be
provided along the subject parcel's Kempsville Road
frontage except at the permitted curb cuts.
4. A fifteen-foot buffer wlth Category IV landscaping,
centered no closer than seven and one half feet
from the property line, is requlred along the
parcel immediately North which is not used as a
single family residence. The buffer shall remain
for so long as the adjoining household remalns In
residential use.
5. Record cross access easements between the Golden
Corral parcel and both the remaining Bank of the
Commonwealth parcel to the North and the Runnymede
parcel to the South. The easements will permit
traffic from all three parcels to access the
driveway directly opposite the medlan crossover at
Canterford Lane.
- 19 -
Item IV-H.l.a.
PUBLIC HEARING ITEM # 34927 (Continued)
PLANNING
6. The applicant shall adhere to the new plan of
development as presented to City Council on
September 24, 1991.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item 111-H.l.b.
PUBLIC HEARING ITEM # 34928
PLANNING
Attorney Robert G. Byrum, 796 Kings Creek Drive,
Jay Archbell, 900 LeCove Drive, Phone: 545-8091
OPPOSED:
Attorney Char I es SaIIel , 192 Ba II ard Court, Phone: 490-3000, represented F.
Wayne McLeskey
John Offenbacher, Loss Control Manager - Reliance Insurance Company, 5565
Sterrett Place, Columbia, Maryland Phone: (301) 740-9600
A MOTION was made by Vice Mayor Fentress, seconded by Counci lwoman Parker, to
APPROVE the Petitlon of HILDA W. ARCHBELL for the discontinuance, closure and
abandonment of a portion of Arctic Avenue, subject to compliance of conditions
by March 24, 1992 and with AMENDED CONDITIONS.
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: 3-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Vice Mayor Robert E. Fentress, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Harold Heischober, Louis R. Jones, Paul J. Lanteigne,
Reba S. McCianan and William D. Sessoms, Jr.
Council Members Absent:
None
21 -
Item IV-H.l.c.
PUBLIC HEARING ITEM # 34929
PLANNING
Patrick C. Masterson, AIA, 825 Kennedy Avenue, Phone: 422-0523, represented
the applicant
Miriam Seeherman, 109-55th Street, Phone: 428-6433, the applicant.
Dr. Robert Seeherman, 109-55th Street, Phone: 426-6433, the applicant. Dr. and
Mrs. Seeherman presented photographs and a petition in SUPPORT of the
application.
Upon motion by Councilman Brazler, seconded by Vice Mayor Fentress, City
Council DENIED the application of MIRIAM SEEHERMAN to authorize a change In a
nonconforming use (to construct a two-story 121 x 251 detached living area) at
109 55th Street, containing 6625 square feet (LYNNHAVEN BOROUGH).
Resolution authorizing the expansion and
enlargement of a nonconforming use and structure
located at 109 55th Street, property of Miriam
Seeherman.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Willlam D.
Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne
Council Members Absent:
None
- 22 -
Item IV-H.l.d.
PUBLIC HEARING ITEM # 34930
PLANNING
Randy Royal, Engineering Services, 3351 Stoneshore Road, Phone: 468-6800,
represented the applicant.
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council
ADOPTED an Ordinance upon application of EMMANUEL PROTESTANT EPISCOPAL CHURCH
for a Conditional Use Permit:
ORDiNANCE UPON APPLICATION OF EMMANUEL PROTESTANT
EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH ADDITION R09911393
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Emmanuel Protestant
Episcopal Church for a Conditional Use Permit for a
Church Addition on the south side of Princess Anne
Road, 300 feet more or less west of Kempsville
Road. The parcel is located at 5181 Princess Anne
Road and contains 2.57 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A landscape plan shall be approved by the City
Arborist prior to land disturbing activity.
Additional landscaping for the site should be
Integrated in a manner that complements the
existing vegetation on the slte.
2. The proposed construction activities must adhere to
the provisions of the Stormwater Management
Ordinance. Infiltration BMP's located under
pavement may not be appropriate due to potential
maintenance problems.
3. The applicant will work with the Planning
Commission's Design Review Committee to ensure that
the architecture of the proposed building additions
is compatible with the existing buildings.
This Ordinance shall be effective In accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty-
fourth of September, Nineteen Hundred and Ninety-One.
- 23 -
Item IV-H.l.d.
PUBLIC HEARING ITEM # 34930 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item IV-H.l.e-
PUBLIC HEARING ITEM # 34931
PLANNING
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000
Miles A. Kidd, 3704 Gretna Road, Phone: 464-0313
Richard C. Copeland, 5708 Gretna Road, Phone: 464-4527
Upon motion by Counci lman Jones, seconded by Counci lman Heischober, City
Counci I ADOPTED an Ordinance upon application of AMOCO OIL COWANY 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 R09911394
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
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.
The following conditions shall be required:
1. AI I signage on the subject si te shal I be brought
into compliance with current sign requirements.
2. The remaining portion of the existing structure
shall only be used for storage of items to be sold
or used on the subject site.
3. Pub I i c restrooms sha I I be prov I ded as per Secti on
225(a) of the City Zoning Ordinance.
4. The app I i cant sha I I construct an obstruct! on or
concrete curb on the Amoco property that w! II
permi t on I y I ef t turns I nto the a I I ey f rom the
Amoco site.
5. The curb shall be extended from the retail building
Northwest to Northampton Boulevard with the
planting as delineated. (Attorney Salle' advised
the applicant, as noted on the site plan, will not
be curbing all the way from the building to
Northampton Boulevard. There Is a sma I I center
Island and the applicant will be curbing between
the building and that center island.)
6. The applicant shall place planting In the public
right-of-way along Northampton Boulevard.
7. The "speed bump" shall be installed in the alleyway
to the rear of the facility; however, formal
permission from the landlord must be secured.
- 25 -
Item IV-H.l.e.
PUBLIC HEARING ITEM # 34931 (Gontinued)
PLANNING
This Ordinance shal I be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counc I I of the C i ty of V I rg i n 1 a Beach, V i rg i n I a, on the Twenty-
fourth of SeDtember. Nineteen Hundred and Ninety-One.
Voting: 11-0
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, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item IV-H.l.t-
PUBLIC HEARING ITEM # 34932
PLANNING
Harold Aygarn, 3300 Virginia Beach Boulevard, Phone: 486-7760, represented the
applicant
Upon motion by Counci ]man Clyburn, seconded by Councl Iman Jones, City Counc, I
ADOPTED an Ordinance upon application of GREATER ST. ANDREWS A.M.E. CHURCH for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GREATER ST. ANDREWS
A.M.E. CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH ADDITION R09911395
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of St. Andrews A.M.E.
Church for a Conditional Use Permit for a church
addition on the east side of McDonald Road, 180
feet more or less south of Townsend Road. The
parcel Is located at 3008 McDonald Road and
contains 43,124 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Approval is subject to acquisition of a variance
related to the Chesapeake Bay Preservation Area
Ordinance as may be required to develop the
property as proposed.
2. The applicant will provide landscaping to be
determined at final Site Plan Review.
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 Twenty-
fourth of September, Nineteen Hundred and Ninety-One.
Voting: 11-0
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, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
27 -
I tem
PUBLIC HEARING ITEM # 34933
PLANNING
Randy Coles, Construction Manager for the Southland Corporation
Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of THE SOUTHLAND CORPORATION for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE SOUTHLAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE SERVICE STATION IN CONJUNCTION WITH A
CONVENIENCE STORE R09911396
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of The Southland
Corporation for a Conditional Use Per(nit for an
automotive service station in conjuction with a
conveneince store at the southwest intersection of
Salem Road and Elbow Road. The parcel is located at
2015 Salem Road and contains 30,807.8 square feet.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Any existing freestanding signs will be brought
into compliance with current City ordinances.
2. The applicant will upgrade landscaping along the
western property line to meet Category Ill
requirements.
3. A solid wood gate shall be provided at the entrance
to the dumpster pad.
4. Any landscaping removed during construction shall
be replaced.
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 Twenty-
fourth of September, Nineteen Hundred and Ninety-One.
- 28 -
Item IV-H.l.g.
PUBLIC HEARING ITEM # 34933
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
29 -
Item
PUBLIC HEARING ITEM # 34934
PLANNING
Senator Moody "Sonny" E. Stallings, Beach Tower, Suite 500, 3330 Pacific
Avenue, Phone: 422-4700.
John Maragon, Consultant to Eight D Corporation, 1114 York Lane, Phone: 425-
7772
The following registered in OPPOSITION to the Applications of EIGHT D
CORPORATION:
Dr. Steven Bailey, 1937 Rossini Drive, Phone: 427-0468,
Glenn Tainter, 2140 Kenwood Drive, Phone: 427-1929, President of the
Courthouse/Sandbridge Coalition of Civic Organizations.
Elizabeth J. Gerber, 1928 Rossini Drive, Phone: 426-3680, presented petitions
in OPPOSTTION. Said petitions are herby made a part of the record.
William H. Gerber, 1928 Rossini Drive, Phone: 426-3680
Richard Cuppett, 1848 Castleton Court 23454, Phone: 721-3252
Tom D. Pufnock, MBA, CPA, 1820 Castleton Court, Phone: 721-2958
Laurie Taylor, 1800 Castleton Court, Phone: 721-3855
Martha Coles, 1272 Brahms Drive, Phone: 426-6437, presented petitions in
OPPOSITION. Said petitions are herby made a part of the record.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council DENIED Ordinances upon application of EIGHT D. CORPORATION for a
Conditional Zoning Classification and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EIGHT D CORPORATION
FOR A CONDITTONAL ZONING CLASSIFTCATION FROM AG-2
TO B-2
Ordinance upon application of Eight D Corporation
for a Conditional Zoning Classification from AG-2
Agricultural District to B-2 Community-Business
District on certain property located at the
northeast corner of General Booth Boulevard and
Culver Lane. The proposed zoning classification
change to B-2 Community Business District is for
commercial land use. 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
2.213 acres. PRINCESS ANNE BOROUGH.
- 30 -
Item III-H.2.d.
PUBLIC HEARING ITEM # 34934 (Continued)
PLANNING
A N D,
ORDINANCE UPON APPLICATION OF EIGHT D CORPORATION
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION (GAS SALES IN CONJUNCTION WITH A
CONVENIENCE STORE), A CAR WASH AND AN AUTOMOTIVE
SERVICE ESTABLISHMENT
Ordinance upon application of Eight D Corporation
for a Conditional Use Permit for an automobile
service station (gas sales in conjunction with a
convenience store), a car wash and an automotive
service establishment (quick lube) on property
located at the northeast corner of General Booth
Boulevard and Culver Lane. Said parcel contains
2.213 acres. PRINCESS ANNE BOROUGH.
Voting: 6-5
Council Members Voting Aye:
James W. Brazier, Jr., Vice Mayor Robert E. Fentress,
Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Harold Heischober,
Paul J. Lanteigne, and William D. Sessoms, Jr.
Council Members Absent:
None
- 31 -
Item IV-H.l.h.
PUBLIC HEARING ITEM # 34935
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN the City Zoning
Ordinance by ADDING Section 210.1 re sign permits.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
A@,-,OVED AS TO LEGAL
I AN ORDINANCE TO AMEND AND REORDAIN THE CITY
2 ZONING ORDINANCE BY THE ADDITION OF A NEW
3 SECTION 210.1, PERTAINING TO SIGN PERMITS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That the City Zoning Ordinance of the City of Virginia
7 Beach be, and hereby is, amended and reordained by the addition of
8 a new section, to be designated as Section 210.1, which shall read
9 as follows:
10 Sec. 210.1. rmits.
11 No sign, other than a sign authorized by section 211, shall
12 be erected, constructed, replaced, repaired, repainted or otherwise
13 displayed, unless a permit authorizing the same has been issued by
14 the zoninq administrator. Fees for such permits shall be as set
is forth in Section 8-31 of the City code. Applications for sign
16 permits shall be made to the zoning administrator, who mav require
17 such plans, diagrams and other information as may bt necessarv to
18 determine whether a Provosed sign complies with the Provisions of
19 this ordinance, the Virqinia Uniform Statewide Building code a@d
20 any other applicable ordinance or regulation.
21 The zoning administrator shall approv ication
22 within thirty (30) days of its submittal; provided, however, that
23 if the application or acco ient to
24 allow a determination of compliance, he shall so notify the
25 applicant and shall, in such case, approve or
26 within thirty (30) davs of the date of sub
27 information.
28 Adopted by the City Council of the city of Virginia Beach,
29 Virginia, on the 24 day of September 1991.
30 CA-91-4058
31 \ordin\proposed\45-210-I.pro..
32 R-2
51
- 32 -
Item IV-I.I.
RESOLUTIONS ITEM # 34936
Lou Pace, 1908 Hunts Neck Court, spoke in SUPPORT of the Resolution
Upon motion by Councilman Jones, seconded by Councilman Sessoms, City Council
ADOPTED:
Resolution approving an Informative Charter
Amendment Summary on the issue of direct election
of the School Board.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones, Paul
J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clyburn
Council Members Absent:
None
Councilman Clyburn ABSTAINED as he did not agree with the composition of the
Ordinance.
1 A RESOLUTION APPROVING AN INFORMATIVE
2 CHARTER AMENDMENT SUMMARY ON THE ISSUE
3 OF DIRECT ELECTION OF THE SCHOOL BOARD
4 WHEREAS, by Resolution adopted August 6, 1991, CitY
5 council requested the Circuit Court to order an election on
6 November 5, 1991, to determine if the qualified voters of the City
7 desire the Council to request the General Assembly to amend the
8 City's Charter to provide for direct election of the School Board;
9 WHEREAS, the Circuit Court entered an Order on August 19,
10 iggi, requiring that an election on the Charter amendment question
11 be held in accordance with Council's request;
12 WHEREAS, Section 15.1-834 of the Code of Virginia
13 provides that at least ten (10) days prior to the election, the
14 text of an informative summary of the Charter amendment must be
15 published in a newspaper of general circulation in the City;
16 WHEREAS, on August 6, 1991, City Council also adopted a
17 Resolution directing the City Attorney to proceed with the
is preparation of an informative Charter amendment summary for final
19 approval by the Council;
20 WHEREAS, the City Attorney prepared a proposed Charter
21 amendment and informative summary (attached) for Council's review
22 and consideration; and
23 WHEREAS, the provisions set forth are determined to
24 represent the most appropriate manner in which to amend the City's
25 Charter.
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That the attached informative Charter amendment summary
29 is hereby approved for publication pursuant to the provisions of
30 S 15.1-834 of the Code of virginia, and that the City Clerk is
31 hereby directed to publish this summary in a newspaper of general
32 circulation in the City at least ten (10) days prior to the
33 election on November 5, 1991.
3 4 BE IT FURTHER RESOLVED that the proposed language of the
35 Charter Amendment also attached is approved.
36 Adopted by the Council of the City of Virginia Beach,
37 virginia, on the 24 day of September 1 1991.
38 CA-4446
39 SUMMARL.RES
40 R-1
2
INFORMATIVE SUMMARY OF
CITY OF VIRGINIA BEACH CHARTER
AMENDMENT PROPOSAL TO BE VOTED ON AT
THE NOVEMBER 511991, GENERAL ELECTION
Pursuant to request of the City Council, the Circuit Court of the City of Virginia
Beach has ordered a Charter election at the November 5, 1991, general election on the
question of amending the Charter of the City of Virginia Beach to provide for the direct
election of the City's School Board. If the question is approved at the election, two
certified copies of the election results together with the publisher's affidavit and the
Charter amendments shall be transmitted to one or more members of the General
Assembly representing the City of Virginia Beach for introduction as a bill in the
succeeding session of the General Assembly.
The proposed amendment to the Charter is summarized as follows:
Section 16_.02 of the Charter is amended and provides that the term of office of
members appointed to the School Board shall not extend beyond December 31, 1996.
Section 16.03 is amended and provides that effective January 1, 1997, the School
Board shall consist of members elected by the voters of the City at large. This section
also provides that the elected School Board shall consist of eleven (11) members, one
(1) member for each borough to be elected by the voters of the City at large from among
the residents of each of the seven (7) boroughs, and four (4) members to be elected by
and from the City at large.
Section 16.04 is added and provides that the first election of School Board
members is to be held at the general election in November, 1996, and the elected
members will take office on the first day of January, 1997. This section further provides
that, at the first election, the members elected to represent the Bayside, Kempsville,
Lynnhaven, and Pungo Boroughs, and two (2) at-large members shall serve terms of
four (4) years; that the members elected to represent the Blackwater, Princess Anne, and
Virginia Beach Boroughs, and two (2) at-large members, shall serve terms of two (2)
years; and that, thereafter, all members shall be elected to serve terms of four (4) years.
Section 16.05 is added and provides that vacancies on the School Board shall be
filled for the unexpired term pursuant to a majority vote of the remaining members of
the School Board, and so long as any board members are elected by and from boroughs,
the vacancy shall be filled by a qualified voter residing in the same borough.
Section 16.06 is added and provides that any registered and qualified voter of the
City who has secured the signature of one hundred twenty-five (125) voters on a petition
properly filed and certified shall have his name placed on the ballot for election to the
School Board. Any candidate seeking to represent a specific borough must physically
reside in such borough.
Section 16.07 is added and provides that the selection, responsibilities, and duties
of the chairman and vice-chairman shall be as provided by general law.
HOUSE KEEPING PROVISIONS-
Section 16.08 is added and provides that in the event the Charter amendment
conflicts with general statutes, the Charter shall prevail.
2
section 16.09 is added and provides that in the event that any part, secdon,
provision, sentence, clause, or phrase contained in Chapter 16 of the Charter is adjudged
invalid, the remainder of the Chapter shall remain in effect and unimpaired.
3
1 PROPOSED AMENDMENT TO THE CHARTER OF
2 THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, BY AMENDING SECTIONS 16.02
4 AND 16.03, AND ADDING SECTIONS
5 16.04, 16.05, 16.06, 16.07, 16.08,
6 AND 16.09 TO AUTHORIZE THE DIRECT
7 ELECTION OF THE SCHOOL BOARD
8 Sec. 16.02. composition of school board.
9 The school board shall consist of eleven members, who shall
10 be appointed by the council of the City of Virginia Beach,
11 Virginia. one member shall be appointed from among the residents
12 of each of the seven boroughs whose terms shall be as follows:
13 two members shall be appointed for one year; two for two years and
14 three for three years. The four additional members shall be
15 appointed from the city at large; two for a term starting JulY
16 one, nineteen hundred sixty-six, and ending December thirty-one,
17 nineteen hundred sixty-six; the other two starting July one,
18 nineteen hundred sixty-six, and ending December thirty-one,
19 nineteen hundred sixty-seven. After this initial period, all
20 appointments shall be for a period of three years-. vided
21 however. that nt made by the council shall extend
22 beyond December 31. 1996. Vacancies shall be filled by the
23 council for any unexpired terms. The council rd
24 shall terminate and all appointed members' terms sha I ex ire on
25 Deceinber 31. 1996.
26 Sec. 16.03. --,@inuanes @.-.-I.ee of d
27 eenstituent ions.
28 Composition of school board after June 30 1996.
29 The persen holding effiee in beth
30 the City of Virginia Beaeh and Prineess all een-I 4-
31 fer the ane3@pired pertion ef h
32 A. Effective January 1, 1997, the school..board shall onsist
33 of eleven (11) meinbers, one (1) ..member from each borou h to be
34 elected by the voters of the city at larcie from amoncf the
35 residents of each of the seven (7) boroughs, and four (4) members
36 to be elected by and..from the city at large.
37 B . Each c
38 by the voters a lar e.
39 Sec. 16.04. Election of the board-
40 At the general in N
41 gualified voters of the city sh mber from
42 each of the bor
43 ard member from each of he
44 boroucfhs of Blackwater, Princess Anne, a
45 terms of two (2) years, wo 2 at lar e me@bers for terms of four
46 arge members for terms of S.
47 Thereafter, all board m bers shall be elcted fr term- of four
48 f
49 1996, the two ceiving the largest number of votes
50 shall serve for a te
51 remaining members shall serve for
52 Thereafter. there shall be a general election in November for the
53 election of boa
54 the end of December o hat ear. The term of of f ice f or each
55 board meinber shall commence on the first dav of January next
56 following the date of election and shall c 1 his
57 successor ha: lected a lified. Each candidate
58 shall state at the time of filing whether he is running at large
59 or from the borough of his residence.
60 Sec. 16.05. Filling vacancies on schooll bdoarda.
61 vacancies 1 board,.from whatever cause
62 shall be filled within sixty (60) days for the.unexpired Portion
63 of the term by a malority ..vote of the remaining members of the
64 board; Provided that, so long as any board members are elect d b
65 and from boroucrhs, the va e filled by a clualified
66 voter residing in the sa
67 Sec. 16.06.. Oualifications of candi
68 board.
69 Any registered and qua v who has
70 secured the signature of one hundred and twenty-five voters
71 on a lpetition Properlv filed and certified shall have his name
72 placed on the ballot for election to the school board. Any
2
73 candidate seekin tO re resel borough must PhV all
74 reside in sch borou h.
75 Sec. 16.07. Se and duties Of thO
76 chairman and vice-chairman.
77 The selection
78 and vice-chairm general.law-
79 Sec. 16.08. Cha
80
81 In the
revail.
82
83 Sec. 16.09. SeverabilitY of provisions.
84 The iprovisions of declared to be
85 sion., s se, or
86 phrase be adludge
87 and it all not
88
89 Adopted by the Council of the City of Virginia Beach,
90 Virginia, on the day of 1991.
91 CA-4437
92 DIREL3.RES
93 R-2
3
- 33 -
Item IV-I.2-
RESOLUTIONS ITEM # 34937
The following spoke in SUPPORT of the Ordinance:
Al Balko, 2517 Inlynnview Road, Phone: 481-2345
Maury Jackson, 1125 Ditchley Road, Phone: 428-1470
June Martin, 363 Courtney Arch, Phone: 486-7522
Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the Great
Neck Association of Civic Leagues
Al Strazzulo, 3120 Sandpine Road, Phone: 481-0024
Lou Pace, 1908 Hunts Neck Court
The following spoke in OPPOSITION to the Ordinance:
Edward Vaughan, 1628 Mill Landing Road, Phone: 426-6452. Mr. Vaughan presented
a letter from the Virginia Beach Farm Bureau in OPPOSITION. Said letter is
hereby made a part of the record.
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council DEFERRED for sixty days:
Resolution directing the City Attorney and City
Clerk to advertise, in accordance with requirements
of the Code of Virginia, a request that the
Virginia General Assembly amend the Charter of the
City of Virginia Beach to reapportion the Boroughs
from which Council Members are elected.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
item IV-J.
CONSENT AGENDA ITEM # 34938
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council APPROVED in ONE MOTION Items la/b/c, 2, 3, 4, 5, 6 and 7 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn,* Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClananl** Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
4@Relative Item J.la/b/c, Councilman Clyburn VERBALLY ABSTAINED and DISCLOSED
pursuant to Section 2.1-639.14(E) of the Code of Virginia, he is Chairman of
the Board of the Boys Club of Norfolk, Inc. Although the City Attorney has
advised him that this interest does not meet the criteria of a personal
interest in the transaction under the Conflict of Interests Act, he wishes to
disclose this interest and abstain from participating in this transaction.
Councilman Clyburn's letter of September 24, 1991, is hereby made a part of the
record.
4@*Relative Item J.la/b/c, Councilwoman McClanan DISCLK)SED pursuant to Section
2.1-639.14(G) of the Code of Virginia, her husband is a member of the Board of
Directors of the Boys Club of Norfolk, Inc. Although the City Attorney has
advised her that this interest does not meet the criteria of a personal
interest in the transaction under the Conflict of Tnterests Act, Councilwoman
McClanan wishes to disclose this interest and declare that she is able to
participate in the transaction fairly, objectively, in the public interest.
Councilwoman McClanan's letter of September 24, 1991, is hereby made a part of
the record.
i@i@4'Relative Item J.la/b/c, Councilman Sessoms DISCLOSED pursuant to Section
2.1-639.14(G) of the Code of Virginia, he is a member of the Board of Directors
of the Boys Club of Norfolk, Inc. Although the City Attorney has advised him
that this interest does not meet the criteria of a personal interest in the
transaction under the Conflict of Interests Act, Councilman Sessoms wishes to
disclose this interest and declare that he is able to participate in the
transaction fairly, objectively, in the public interest. Councilman Sessoms'
letter of September 24, 1991, is hereby made a part of the record.
- 35 -
Item IV-J.I./b/c.
CONSENT AGENDA ITEM # 34939
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, CitY
Council AUTHORIZED the City Manager to execute:
Cost-share agreement ,ith the BOYS CLUB OF NORFOLK,
INC.;
Acquisition of two parcels (Parcel A: 3.055 acres and
Parcel C: 4.610 acres, shown on a plat entitled:
"Subdivision of Property of Shirley Buckner, Princess
Anne Borough");
Agreement of sale with the BOYS CLUB OF NORFOLK, INC.,
re construction of future Princess Anne Library and
Department of Parks and Recreation Admi-nli
'Etii4:t44:ng two lighted ball fields. (PRINCESS ANNE
BOROUGH).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Louis R. Jones, Paul
J. Lanteigne, Reba S. McClanan,"* Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.***
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clyburn"
Council Members Absent:
None
*Councilman Clyburn VERBALLY ABSTAINED and DISCLOSED pursuant to Section 2.1-
639.14(E) of the Code of Virginia, he is Chairman of the Board of the Boys Club
of Norfolk, Inc. Although the City Attorney has advised him that this interest
does not meet the criteria of a personal interest in the transaction under the
Conflict of Interests Act, he wishes to disclose this interest and abstain from
participating in this transaction. Councilman Clyburn's letter of September
24, 1991, is hereby made a part of the record.
Councilwoman McClanan DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, her husband is amember of the Board of Directors of the Boys Club
of Norfolk, Inc. Although the City Attorney has advised her that this interest
does not meet the criteria of a personal interest in the transaction under the
Conflict of Tnterests Act, Councilwoman McClanan wishes to disclose this
interest and declare that she is able to participate in the transaction fairly,
objectively, in the public interest. Councilwoman McClanan's letter of
September 24, 1991, is hereby made a part of the record.
Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he is a member of the Board of Directors of the Boys Club of Norfolk,
Inc. Although the City Attorney has advised him that this interest does not
meet the criteria of a personal interest in the transaction under the Conflict
of Interests Act, Councilman Sessoms wishes to disclose this interest and
declare that he is able to participate in the transaction fairly, objectively,
in the public interest. Councilman Sessoms' letter of September 24, 1991, is
hereby made a part of the record.
ROBERT W CLYBURN 6312 IOWELL P@CE
COU.CILM.N - KEMPSVILIE BOROUGH VIRGINIA BE@CH, VIRGINIA 234@
(8N) 420-2701
September 24, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Secdon 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 declaradon:
1. The transacfion for which I am execudng this written disclosure is the City
Council consideration of a request that the City Manager be granted
authorization to execute a Cost Sharing Agreement between the City of
Virginia Beach and the Boys Club of Norfolk, Inc., and to proceed with the
acquisition of land from the Boys Club of Norfolk, Inc.
2. 1 am Chairman of the Board of the Boys Club of Norfolk, Inc.
3. Although the City Attorney has advised me that I am not required to disclose
this interest as it 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 parficipa6ng in this transaction.
Accordingly, I respectfully request that you record this declaradon 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.
Mrs. Ruth Hodges Smith -2- September 24, 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,
Robert W. Clybum
Councilman
RWC/clb
Enclosure
LESLIE L L LLEY MUNIC PAL CENTER
CITY ATIORNEY VIRG NIA BEACH VA 23456 9W4
(804) 421 4531
'AX (804) 426-5687
September 24, 1991
Councilman Robert W. Clyburn
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Opinion
Dear Councilman Clyburn:
I am writing in response to your request for an opinion regarding your ability to
participate in the Council disclission and vote on a request that the City Manager be granted
authoriza6on to execute a Cost Sharing Agreement between the City of Virginia Beach and
the Boys Club of Norfolk, Inc., and to proceed with the acquisition of land from the Boys
Club of Norfolk, Inc. The request is scheduled for consideration by City Council at its
September 24, 1991, meefing.
SUMMARY/CONCLUSION:
From my review of the Conflict of Interests Act and the information provided by
you, I am of the opinion that you do not have a personal interest in the transaction of
Council concerning a request that the City Manager be granted authorization to execute a
Cost Sharing Agreement between the City of Virginia Beach and the Boys Club of Norfolk,
Inc., and to proceed with the acquisition of land from the Boys Club of Norfolk, Inc.
Thus, you may vote on this iiiatter without restriction. For your information, I have
outlined the disclosure requirements of Secfion 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 Secfion 2.t-639.14(E), should you choose not to vote.
Councilman Robert W. Clyburn -2- September 24, 1991
Re: Conflict of Interests Opinion
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 of
a request that the City Manager be granted authorization to execute a Cost Sharing
Agreement between the City of Virginia Beach and the Boys Club of Norfolk, Inc., and
to proceed with the acquisifion of land from the Boys Club of Norfolk, Inc. The request
is scheduled for consideration by City Council at its September 24, 1991, meeting. You
have advised that your concem, and reason for requesfing this opinion, is that you are
Chairman of the Board of Boys Club of Norfolk, Inc. (t/a Boys & Girls Clubs of South
Hampton Roads), a non-profit corporation. You have further advised that you receive no
salary or other compensafion from, own no equity in, and do not assume any liabihty on
behalf of the Boys & Girls Clubs of South Hampton Roads.
ISSUE:
Are you precluded from participafing in the discussion and vodng on the above-
referenced request regarding the Boys & Girls Clubs of South Hampton Roads?
DISCUSSION:
1. A1212licable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in SS 2.1-639.2 of the Virginia State and Local Govermnent 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 considerafion of the request regarding the Boys & Girls Clubs of South
Hampton Roads 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 immediate 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 equity of the business; (2) annual income
Councilman Robert W. Clyburn -3- September 24, 1991
Re: Conflict of Interests Opinion
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,
exclusive of ownership in a business, or salary; and 5) personal liability incuffed 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 transaction.
11. Application of Definitions
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 with respect to the Boys & Girls Clubs of South
Hampton Roads, a non-profit corporafion; you do not own any interest in the corporation;
you do not own affected real or personal property which interest exceeds $10,000 in value;
nor do you have any personal liability incurred or assumed on behalf of the corporation.
Therefore, I conclude that you do not have a personal interest in the Boys & Girls Clubs
of South Hampton Roads, as defined by the Conflict of Interests Act.'
'Three opinions of the Attomey General dealing with directors or board members are of
relevance: President of a Virginia-Community College who serves on the advisory board of
directors of a private bank and who receives $800 annually from the bank for his -services is
not required to disqualify himself from transactions involving the college because he does not
have a personal interest in the bank. COI Adv. Op. No. 46 (1984). A member of a local
board of supervisors who also serves as a nonpaid director of a county community action
agency is not required by the Act to disqualify himself from the board's consideration of the
agency's funding request absent the member having a financial interest in the agency. COI
Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also serves as
chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a "personal interest" in either body and, thus,
need not disqualify himself from-participating in a transaction involving both bodies. COI Adv.
Op. No. 76 (1986).
See also SS 13.1-814 which provides that no dividend shall be paid and no part of the
income of a non-stock corporation shall be distributed to its members, directors, or officers.