HomeMy WebLinkAboutJULY 9, 1991 MINUTES
Cit "f-
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
CITY COUNCIL AGENDA
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JULY 9, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber 12: NOON
A. SOUTHERN WATERSHEDS
Louis E. Cullipher, Director ot Agriculture
H. Clayton Bernick 111, Director of Environmental M,nagement
ITEM Ii. INFOR14AL SESSION Council Chamber 1:oo Pm
A- CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM Ill. FOR14AL SESSION Council Chamber 2:00 PM
A- CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Charles Fisher
Church of The Holy Apostle
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 - July 2, 1991
G. PUBLIC HEARING
1. PLANNING
a. Application of BREEDEN DEVELOP14ENT CORPORATION for a Change of
Zoning District Classification from A-12 Apartment District to
0-1 Office District at the Southwest corner of Bonney Road and
Happy Street on the remainder of Lots 1 and 2 and all of Lots 3
and 4, Block 11, East Norfolk, containing 9,104 square feet
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
b. Applications of FRANK T. WILLIAMS re South side of Three Pine
Lane, 600 feet South of Nawney's Creek Road, containing 26.3
acres (PUNGO BOROUGH):
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance;
Variance to Section 4.4(f) of the Subdivision Ordinance which
requires all lot lines to be substantially perpendicular or
rad I a I to the street I I nes and not to vary by more than
30 degrees;
AND,
Conditional Use Permit for single family residential lots in
the AG-1 Agricultural District.
Recommendation: APPROVAL
c. Application of DENNIS H. McNICHOLL, t/a NORTH LANDING GARDEN
CENTER for a Conditional Use Permit for retail sales of garden
supplies at the Southeast corner of Atwood Town Road and
Lotus Drive (1532 Lotus Drive), containing 2.373 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
H. ORDINANCES
1. AMEND and REORDAIN the CHESAPEAKE BAY PRESERVATION AREA Ordinance:
a. Section 103 re definitions.
b. Sections 109 and 110 re water quality Impact assessment and
plan ot development process.
c. Section 111 re nonconforming buildings and structures.
d. Section 112 re exemptions.
1. CONSENT AGENDA
AII matters I Isted under the Consent Agenda are cons!dered in the
ordinary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Resolution amending and restating certain provisions of a
Resolution authorizing the issuance of $6,370,000 School Bonds'
Series of 1991A, of the City of Virginia Beach, Virginia; ratifyin9
certain other provisions relating thereto; and, ratifying award of
$5,278,597 School Bonds, Series of 1991A, of the City of Virginia
Beach, Virginia, to the Virginia Public School Authority.
2. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 6-9 re riding bicycles and other pedal-powered vehicles
on the boardwalk.
b. Section 6-121 re reckless boating, skiing, etc.
c. Section 6-122.2 re consent to blood or breath test.
d. Section 18-20 re assessment of tax and Issuance of business
license.
e. Section 35-11 re payment of administrative costs in collection
of delinquent taxes.
3. Ordinances, upon SECOND READING:
a. APPROPRIATE $50,000 from Marine Science Museum Enterprise Fund
Retained Earnings to the Marine Science Museum expansion
(CIP 2-049).
b. APPROPRIATE $137,694 to the Sheriff's Operating Budget re
supplementing Increased cost of camera equipment and to cover
overtime and uniforms expenses.
c. ACCEPT and APPROPRIATE $5,757 Grant from the U. S. Department
ot Education to the FY 1991-1992 Operating Budget of the
Library Department re purchase of computer software for the
Adult Learning Center.
4. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE a $9,005
Grant awarded by the State Department of Historic Resources; and,
TRANSFER $7,539 from the FY 1991-1992 Reserve for Contingencies to
the Department of Plannlng re citywide historical and architectural
surveys.
5. Ordinance to charge-off $405,036.61 of accounts receivable as
uncollectible accounts; and, TRANSFER $111,073 from within
FY 1990-1991 Operating Budget to charge-off the refundable grants
for the Shakespeare By-The-Sea program and the 1989 First Night
Virginia Beach Program.
6. Ordlnance authorizing tax refunds In the amount of $12,956.94.
J. APPOINTMENTS
COMMUNITY SERVICES BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution requesting the State Board of Health promulgate
new regulations re private wells used for Irrigation.
Sponsored by: Mayor Meyera E. Oberndorf
b. Resolution directing the City Manager bring forth certain
recommendations when presenting the Capital Improvements
Project Budget.
Sponsored by: Councilman Louis R. Jones
Councilman Harold Heischober
c. Resolution to restrict an Increase In debt service.
Sponsored by: Councilman Louis R. Jones
Councilman Harold Heischober
d. Ordinance to AMEND and REORDAIN Section 6-114 of the Code
of the City of Virginia Beach, Virginia, re restrictions
on launching, landing, parking or stationing recreational
vessels In certain areas.
Sponsored by: Council Lady Reba S. Mccianan
e. Resolution requesting the Congress of the United States to
enact a Surface Transportation Act that provides the
ultimate amount of flexibility to States and localities
for transportation funding.
Sponsored by: Councilman W. D. Sessoms
M. ADJOURNMENT
CITY COUNCIL RECESS
July 10 - 31, 1991
7/1/91 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virgitila Beacii, Virginin
July 9, 1991
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING on
SOUTHERN WATERSHEDS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber,
City Hall Building, on Tuesday, July 9, 1991, at 12:00 NOON.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober (ABSENT DUE TO TLLNESS)
Robert W. Clyburn (ENTERED: 12:12 P.M.)
Louis R. Jones (ENTERED: 12:12 P.M.)
Reba S. McClanan (ENTERED: 12:14 P.M.)
Nancy K. Parker (ON VACATION)
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C IT Y MANA GE R ' S B R I E F IN G
SOUTHERN WATERSHEDS
12:00 NOON
ITEM # 34639
Louis Cullipher, Director of Agriculture, through the utilization of overheads,
presented information relative the SOUTHERN WATERSHEDS.
The four major watersheds in the City of Virginia Beach:
Northern Portion:
Chesapeake Bay Watershed
Southern Portion:
Owl Creek
North Landing River
(Northwest River - Sub Watershed)
Back Bay
In October 1991, the City Council ADOPTED a Resolution to Study the City's
Southern Watersheds and to investigate local regulations for Water Quality
Protection.
With the exception of Owl Creek/Rudee Inlet, the Southern Watersheds differ
from the Chesapeake Bay Watershed. They have flatter topography. Waterways
typically have a natural buffer of swamp or marsh.
Mr. Cullipher reiterated:
HISTORICAL EVENTS AND PROBABLE IMPACTS
ON BACK BAY/NORTH LANDING RIVER WATERSHEDS:
1830 Currituck Inlet at the VA-NC Line closed during a Storm
1890 The Causeway to Knotts Island was constructed
1930's Sand Fences were constructed along Barrier Spit south of
Sandbridge
1930-PRESENT Fringe Marshes and Tslands have been eroding
1932 Locks were constructed at Great Bridge
1950-60 Open Bridge Drainage Systems were constructed. Extensive
dredging and filling of valuable wetlands for building
sites.
1960-Present Increased development
Late 1970's Demise of Submerged Aquatic Vegetation (SAV)
1984 imann Report Suggested Disease
Sincock USFWS attributed the Decline to
"Unusual Weather Conditions" which
contributed to water turbidity and turbulence.
1980's Construction of Salem and West Neck Canals
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C IT Y MANA GE R ' S B R I E F IN G
SOUTHERN WATERSHEDS
BACK BAY WATERSHED
ITEM # 34639 (Continued)
Water Quality Data collected by several agencies/organizations
Virginia Department of Game and Inland Fisheries
Virginia Water Control Board
US Fish Wildlife Service
Jason M. Cortell & Associates
Back Bay Restoration Foundation
The parameters used for sampling have not been the same.
Dr. Raymond Alden, ODU, conducted statistical analysis report.
General Findings:
Most Reports state that nutrients, nitrogen and phosphorous are
elevated particularly in proximity to tributary creeks.
All reports indicate that turbidity or suspended sediments in
the water column is a serious problem.
Most researchers indicated that it is difficult to differentiate
non-point source pollution being generated from fertilizer,
animal waste or urban development.
As land use changes from agriculture to urban development there
is potential for water quality degradation unless increased
water quality protection measures are taken.
NORTH LANDING RTVER WATERSHED
Topography is similar to Back Bay except channel and floodplain is
more clearly defined. Less impacted by wind-driven Tides.
Data from four monitoring stations on North Landing River and West
Neck Creek indicated:
Elevated Levels of Nitrogen and Phosphorous
Level of Manganese High at Three Stations
Level of Tron High at One Station
Dissolved Oxygen, Ph, Temperature and Bacteria Standards
Generally good.
Land use changes in accordance with the 1991 Comprehensive Plan
will likely result in increased runoff with potential for water
quality degradation.
According to Stormwater Management Plan, Wet Pond Detention BMP's
do not provide 100% removal efficiencies for various pollutant
loads.
North Landing River is part of the Intercoastal Waterway system.
The relatively high boat traffic results in potential pollution
associated with recreational and commercial boating.
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C IT Y MANA GE R ' S B R I E F IN G
SOUTHERN WATERSHEDS
ITEM # 34639 (Continued)
BACK BAY/NORTH LKNDING RIVER
RECOMMENDATIONS
Explore Innovative Agricultural (BMP's)
Mechanical Devices on Drainages Ditches/Canals to Create
Sheet Flow through Natural Buffers
Sediment Basins
Plants and Mechanical Structures to Stabilize Ditch Banks
Explore legal concerns, drainage laws, ownership to implement
practices
State-of-The-Art Management for Animal Waste
Water Table Mangement
Identify and work with landowners to stabilize any eroding land
adjacent tO Streams.
Evaluate existing regulations to determine if they are adequate
Network with all Federal and State agencies.
Determine threshold level when it is appropriate for urban BMP's to
replace Agricultural BMP'S.
Explore using swales where appropriate rather than curb and gutter.
Promote Federal/State cost-sharing programs to assist
landowners/operators
Explore Conservation Easement Program on a Voluntary Basis.
Implement Adopt-A-Shoreline Program
Implement portions of 1990 Farm Bill that ill result in water
quality improvement.
Foster organization, such as Nature Conservancy, to acquire
environmentally sensitive areas.
Explore innovative ways to minimize impacts of boat wakes.
Support State scenic waterway status.
OWL CREEK/RUDEE INLET WATERSHED
Conditions are unlike Back Bay and North Landing River, but similar
to the Chesapeake Bay Watershed
The shoreline is highly to moderately developed to support numerous
marinas, boat ramps and private boat slips located in the inlet.
No significant agricultural enterprise
Virginia Water Control Board does not maintain water quality
monitoring stations in the Watershed.
Bacteriological monitoring undertaken by the State Bureau of
Shellfish Sanitation. Shellfish condemnation is in effect.
Report indicates elevated levels of fecal coliform are due almost
entirely to the boat pollution associated with marinas, boat ramps,
and private boat slips. Urban runoff also contributes
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C IT Y MANA GE R ' S B R I E F IN G
SOUTHERN WATERSHEDS
ITEM # 34639 (Continued)
OWL CREEK/RUDEE INLET WATERSHED
RECOMMENDATIONS
Explore developing Memorandum of Understanding with Navy on Owl Creek
Property
Explore benefits/cost of creating Conservation Districts, similar to
City's Chesapeake Bay Preservation Area Program.
Examine utilizing the Development Review Process in the Conservation
District as Defined in the Chesapeake Bay Preservation Area
Ordinance.
Tnitiate Shoreline Restoration/Enhancement Projects
Implement "Adopt-A-Shoreline" Program
Network with all Federal and State Agencies.
Evaluate adequacy and enforcement of Sewerage Holding Tanks and
Pumpout Stations
Examine new techniques to minimize fuel spillage
Explore improvement of dredging activities and placement of dredged
materials.
GENERAL RECO@DATIONS
Schedule Researchers/Scientists to Address City Council or Joint
Meeting with Planning Commission.
Implement a Comprehensive Water Quality monitoring program to
construct database to make firm decisions and for trend analysis.
Initiate an active educational program to inform all citizens of
issues, problems and solutions.
Construct education/demonstration projects to promote agricultural
and urban BMP'S.
Develop objectives and priorities and establish a mission for each
Watershed.
Create a high quality Wetlands Mitigation Banking System.
Explore developing a Wetlands Mangement Plan for valuable wetlands.
Enhance Aesthetics Attributes.
Complete Natural Area Inventory and utilize results in Planning and
Land Use/Development Processes.
Utilize all possible resources of Federal and State Agencies.
Mr. Cullipher referenced "Other Concerns", which are hereby made a part of the
record. Items I through 18 of said concerns were identified during Public
Workshops on existing publications. Items 19-34 were derived from "A Mangement
Plan for Back Bay", Roy Mann Associates, Inc. List shall be delineated
reflecting items which require action by the Planning Commission or City
Council. The list of Public Information Meetings will be provided to City
Council.
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C IT Y MANA GE R ' S B R I E F IN G
SOUTHERN WATERSHEDS
ITEM # 34639 (Continued)
Mr. Cullipher recommended Dr. Wayne Skaggs, Researcher from Raleigh, to address
a Joint Meeting of the City Council and Planning Commission relative water
management. Dr. Skaggs is well known for his water management research and has
been elected to the National Academy of Engineering and is a distinguished
University Professor. Mr. CL.llipher will extend an invitation to Dr. Skaggs to
determine if he can attend @in evening Joint Meeting of the Planning Commission
and the City Council the first week in August, possibly August 5, 7 or 8. The
City Council Meeting is SCHEDULED for August 6, 1991. The information presented
by Mr. Cullipher will be forwarded to Members of the Planning Commission.
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I T E M S 0 F T H E C I T Y M A N A G E R
ITEM # 34640
The City Manager distributed a copy of correspondence relative the National
Flood Insurance Program
The City Manager wished to SCHEDULE a BRIEFING during the City Council Session
of August 13, 1991. Additonal information will be provided prior to this
Meeting.The BRIEFING would relate to changes in the National Flood Insurance
Program.
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C ON C E R N S OF T HE MAYOR
ITEM # 34641
Mayor Oberndorf referenced her letter of July Fifth to Members of City Council.
Said correspondence recognizes the time is short in the City Council's search
for a City Manager. Mayor Oberndorf requested the City Manager obtain a
statement of qualifications from several executive recruiters. As soon as the
statements are received, they will be distributed.
Attachment II of said correspondence is a position announcement, which could be
advertised in various newspapers and publications locally as well as nationally
(Attachment III). Attachment IV is a recommended selection process and time
table.
Said information is hereby made a part of the record.
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The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Counci I Chambers, City Hal I Bul Iding, on
Tuesday, July 9, 1991, at 12:55 P.M-
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Nancy K. Parker
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ITEM # 34642
Mayor Meyera E. Oberndort 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 MATTERS: Discussion or consideration of or interviews ot
prospective candidates tor employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Community Services Board, Tidewater Regional Group
Home Commission and the Advertising Advisory Review
Committee.
Personnel: City Manager's Position.
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Harold Heischober and Nancy K. Parker
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 9, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on Tuesday, July
9, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Nancy K. Parker
INVOCATION: Father Charles Fisher
Church of The Holy Apostle
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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Item III-E.I.
CERTTFICATION OF
EXECUTIVE SESSION ITEM # 34643
Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress, Harold Heischober,
Nancy K. Parker and William D. Sessoms, Jr.
461
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 # 34642,
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
requiremeDts 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.
_Uth Hodges Smith, CMC AAE
City Clerk July 9, 1991
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Item 111-F.l.
MINUTES ITEM # 34644
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 2, 1991.
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, Mayor
Meyera E. Oberndort and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
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Item III-F.I.
KEMPSVIU;E GREENS ITEM # 34645
GOIX COURSE
Councilman Clyburn referenced the residents of the KEMPSVILLE GREENS GOLF
COURSE, particularly those who reside on the Thirteenth fairway. The initial
reason for the temporary netting was a result of a staff decision due to a
serious injury sustained by a property owner at this site. The screening has
been inside of the cart path. Even though the residents object to the screen,
they would prefer the screening moved inside a line of pine trees along the
cart path.
This item will be added under UNFINISHED BUSINESS for the public to address
this particular issue.
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Item Ill-G-1-
PUBLIC HEARING ITEM # 34646
PLANNING
Mayor Meyera E. Oberndort DECLARED a PUBLIC HEARING on:
PLANNING
(a) BREEDEN DEVELOPMENT CHANGE OF ZONING DISTRICT
CLASSIFICATION
(b) FRANK T. WILLIAMS SUBDIVISION VARIANCES AND
CONDITIONAL USE PERMIT
(d) DENNIS H. McNICHOLL CONDITIONAL USE PERMIT
T/A NORTH LANDING GARDEN CENTER
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Item III-C.I.a.
PUBLIC HEARING ITEM # 34647
PLANNING
Attorney Donald H. Rhodes, 127 North Inlynnview, Phone: 340-0773
Upon motion by Councilman Clyburn, seconded by Councilman Sessorns, City Council
ADOPTED an Ordinance upon application of THE BREEDEN DEVELOPMENT CORPORATION
for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF THE BREEDEN
DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATTON FROM A-12 to 0-1 Z07911328
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINTA BEACH, VIRGINIA
Ordinance upon application of The Breeden
Development Corporation for a Change of Zoning
District Classification from A-12 Apartment
District to 0-1 Office District at the southwest
corner of Bonney Road and Happy Street on the
remainder of Lots I and 2 and all of Lots 3 and 4,
Block 11, East Norfolk. The proposed zoning
classification change to Community Business
District is for commercial land use. The
Comprehensive Plan recommends use of this parcel
for Urban Medium Low Density Residential at
densities that are compatible with multi-family use
in accordance with other Plan policies. The parcels
contain 9104 square feet. KEMPSVTLLE BOROUGH.
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 Ninth of
July, Nineteen Hundred and Ninety-One.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 17 -
Item III-G.l.b
PUBLIC HEARING ITEM # 34648
PLANNING
Attorney R. Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-
8971, represented the applicant, and presented a petition in support of the
application, which is hereby made a part of the record.
The following spoke in OPPOSITION:
Charles Traub, III, 784 Glasgow Court, Phone: 340-9056
Janis Walsh, 1529 Nanny's Creek Road, Phone: 426-5369
Anthony Leger, 4005 Sandpiper Road, Manager of National Back Bay Wildlife
Refuge
Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, President of Friends of Back
Bay/Save our Sandbridge
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948
Laura Walters, 1291 Warner Hall Drive, Phone: 427-0685, Director of the Back
Bay Restoration Foundation
Tom Perlic, 9108 Mace Arch, represented Clean Water Action
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council APPROVED applications of FRANK T. WILLIAMS for Variances to Section
4.4(b) and 4.4(f) of the Subdivision Ordinance; and, ADOPTED an Ordinance upon
application of FRANK T. WILLIAMS for a Conditional Use Permit:
Appeal from Decisions of Administative Offices in
regard to certain elements of the Subdivision
Ordinance, subdivision for Frank T. Williams.
Property is located on the south side of Three Pine
Lane, 600 feet south of Nawney's Creek Road. PUNGO
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF FRANK T. WILLIAMS FOR
A CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES
R07911384
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Frank T. Williams for
a Conditional Use Permit for single family homes on
certain property located on the south side of Three
Pine Lane beginning at a point 600 feet south of
Nawney's Creek Road. The parcel contains 26.3
acres. PUNGO BOROUGH.
The following conditions shall be required:
1. The proposed development must be submitted for a
detailed preliminary subdivision review.
2. This conditional use permit shall be considered
activated with the recordation of a final
subdivision plat.
3. A maximum of two lots per year shall be recorded.
4. No structures or other impervious surfaces, except
those associated with water dependent facilities to
Nawney Creek, shall be permitted within the 30 feet
landward of the top of bank on the upland portion
of the property.
5. No construction shall be permitted on lots 16, 17,
18 and 19 until the City Council's adoption of the
Southern Watershed Plan or until October 9, 1991,
whichever comes first.
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J, . III-G.Ib
PUBLIC HEARING ITEM # 34648 (Continued)
pLANNING
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance. 9 on the Einth 01
Adopted by the Council of the CitY of Virginia Beach, Vir inia,
@l I Nineteen Hundred and Ninety-One.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Robert W. Clybur,,, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Reba S. McClanan and Mayor
Meyera E. Oberndorf
Council Members Absent:
Harold Heischober and Nancy K. Parker
*Councilman Baum DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he owns and operates a farming business earning income in excess of
$10,000 annually and also conducts business with Frank T. Williams Farms which
may exceed $10,000 annually. Councilman Baum declared he was able to
participate in the transaction fairly, objectively and in the public interest.
Councilman Baum's letter of July 9, 1991, is hereby made a part of the record.
City, @f
COU.CILMAN JOHN A. DAUM @65 CRAGS CAL)SEWAY
B@CKWATER BOROUGH VIRGINIA BEACH, VIRGINIA 23@57
421-2652
July 9, 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(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transaction for which I am execufing this written disclosure is the
Council consideration of'Frank T. Williams' applications for varilances to
Sections 4.4(b) and (f) of the Subdivision Ordinance and for a conditional
use permit for single family residential lots in the AG-1 Agricultural District.
The applications relate to property on the south side of Three Pines Lane,
six hundred (600) feet south of Nawney's Creek Road, containing 26.3 acres.
2. The nature of my personal interest is that I own and operate a farming
business earning income in excess of $10,000 annually. I also conduct
business with Frank T. Williams Farms which may exceed $10,000 annually.
However, I do not have a personal interest in Frank T. Williams Farms nor
do I have any interest in the property which is the subject of the variance
and conditional use permit applications. Furthermore, my farming business
is not the subject of the transactions before City Council nor will it realize
a TeaSOnably foreseeable direct or indirect benefit or detriment as a result
of Council's consideration of the applications.
Mrs. Ruth H. Smith, CMC/AAE -2- July 9, 1991
3. Although the City Attomey has advised me that this interest does not meet
the criteria of a personal interest in the transactions under the Conflict of
Interests Act, I wish to disclose this interest and declare that I am able to
participate in the transactions fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attomey, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
@,12
John A. Baum
Councilman
JAB/clb
Enclosure
LESLIE L L [,[ EY MUNICIPAL CENTER
CII Y ATTURNPY VIRG NIA BEACH, IA 23456 9004
(BO@) @27 4531
FAX (804) @26 5@'
July 9, 1991
Councilman John A. Baum
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Act Opinion
Dear Councilman Baum:
I am writing in response to your request for an opinion as to whether you may
participate in City Council's discussion and vote on the applications of Frank T. Williams
for variances to Sections 4.4(b) and (f) of the Subdivision Ordinance, and for a conditional
use permit for single family residential lots in the AG-1 Agricultural District. The
applications, which relate to property on the south side of Three Pines Lane, six hundred
(600) feet south of Nawney's Creek Road, containing 26.3 acres, are scheduled for
consideration by City Council at its July 9, 1991 meeting.
Su /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 its consideration of the variance and conditional use permit
applicafions of Frank T. Williams. Thus, you may vote on these matters without
restriction. For your information, 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 following facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
Councilman John A. Baum -2- July 9, 1991
ac nted,
Your request for an advisory opinion is generated by the applications of Frank T.
Williams for variances to Sections 4.4(b) and (f) of the Subdivision Ordinance and a
conditional use permit for single family residential lots in the AG-1 Agricultural District.
The applications are scheduled to come before the Council at its July 9, 1991 meefing.
You have advised that your concern, and reason for requesting this opinion, is that you
own and operate a farming business earning in excess of $10,000 each year, and that you
conduct business with Frank T. Williams Farms, the total amount of which may exceed
$10,000 each year.
Issue:
Are you precluded from participating in City Council's discussion and vote on the
above-referenced variance and conditional use permit applications?
Discussio--
1. ).1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in SS 2.1-639.2of the Virginia State and Local Government Conflict
of Interests Act.
B. You are an officer within the meaning of SS 2.1-639.2of the above-referenced
Act.
C. Council consideration of the applications for variances and a conditional use
permit are "transactions" 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 from ownership in real or personal property or a business in excess of $10,000.00;
3) salary ftom the use of property or paid by a business that exceeds $10,000.00annually;
4) ownership of real or personal property when the interest exceeds $10,000.00in value,
Councilman John A. Baum -3- July 9, 1991
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 transaction.
11. A lication of Definitions
A. Personal Interest
You have a personal interest with respect to your farming business by virtue of
annual income from the business which exceeds $10,000-00. YOu have indicated, however,
that you do not have any interest in Frank T. Williams Farms or in the property that is
the subject of the variance and conditional use permit applications. Therefore, you do not
have a personal interest with respect to the applications.
B. I
Based on the facts presented, you have a "personal interest" in your farming
business, however, your farming business is not the subject of the transactions, nor will
it realize a reasonably foreseeable direct or indirect benefit or detriment based on the
subject variance and conditional use permit applications. Therefore, it is my opinion that
you do not have a personal interest in the transactions within the meaning of the Conflict
of Interests Act.
111. Disclosure Requirements
Based on the fact that you have no personal interest in Frank T. Williams Farms
nor in the variance and conditional use permit applications of Frank T. Williams, you are
not restricted in voting as to these items. If you are concerned that your participation as
to these matters 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 these transactions; or
Councilman John A. Baum -4- July 9, 1991
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with SS 2.1-639.14(G) is enclo@ for your convenience. You may either
make this declaration orally, 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 de-als with the types of influences upon a public
officer'sjudgment 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
impropriety 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 concemed that participating in the
transaction, even after disclosure, could cteate 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, Section 2.1-639. 1 g(c) provides
that a written opinion of the made after a full disclosure of the facts, is
advisory and admissable as evidence that the local officer did not knowingly violate the
Act, while a favorable opinion of the ommonwealth's Attorne as the enforcing officer
of the COIA, provides immunity from any alleged violation.
Please contact me should you desire any additional information.
Very truly yours,
LLL/RMB/clb
Enclosure
Seen and Concurred:
R ealth's Attorney
- 19 -
item LII-G-1-c
pUBLIC HFARING ITEM # 34649
pLANNING
Attorney Louis W. Kershner, 3720 Howard Road, Phone: 486-1938
Dennis McNicholl, 1532 Lotus Drive, Phone: 486-1938, represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Jones, CitY
Council DENIED an Ordinance upon application of DENNIS H. McNICHOLL T/A NORTH
LANDING GARDEN CENTER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DENNIS H. McNICHOLL
T/A NORTH LANDING GARDEN CENTER FOR A CONDITIONAL
USE PERMIT
BE IT HEREBY ORDAINED BY THE COTJNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dennis H. McNicholl
T/A North Landing Garden Center for a Conditional
Use Permit for retail sales of garden supplies at
the southeast corner of Atwood Town Road and Lotus
Drive. The parcel is located at 1532 Lotus Drive
and contains 2.373 acres. PRINCESS ANNE BOROUGH.
Voting: 7-2
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor
Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne,
Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 20 -
Item 111-H.l.a/b/c/d
ORDINANCES ITEM # 34650
Peter Pierce, 1642 Duke ot Windsor Road, Phone-. 481-0537, flight instructor,
registered in OPPOSITION.
Upon motion by Councilman Baum, seconded by Councilman Lanteigne, City Councii
ADOPTED:
Ordinances to AMEND and REORDAIN the CHESAPEAKE BAY
PRESERVATION AREA:
Section 103 re detinition
Section 111 re nonconforming buildings and
structures.
Section 112 re exemptions.
AND, ADOPTED, AS AMENDED:
Sections 109 and 110 re water quality Impact
assessment and plan ot development process.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
DE,'A
APPP,OV'L'D i6,'@ T(--;
"@'Cy
CITY ATT
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 103 OF THE CHESAPEAKE BAY
3 PRESERVATION AREA ORDINANCE,
4 PERTAINING TO DEFINITIONS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That section 103 of the Chesapeake Bay Preservation Area
8 Ordinance of the City of Virginia Beach, pertaining to
9 definitions, be, and hereby is, amended and reordained, and shall
10 read as follows:
11 Section 103. Definitions.
12 The following words and terms used in this ordinance shall
13 have the following meanings, unless the context clearly indicates
14 otherwise.
15 . . .
16 Highly Erodible Soils. Those soils
17 o es
18 seaward of the
19 less than six 66) six
20 the toe of the
21 an com onent of th. Resore protetion Area.
22 . . .
23 Adopted by the City Council of the City of Virginia Beach on
24 the 9th day of ulY 1991.
25 CA-91-4235
26 \ordres\50-103.ord
27 R-2
-fo Cot4TEWS
@GAL
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION Ill
2 OF THE CHESAPEAKE BA7 PRESERVATION AREA
3 ORDINANCE, PERTAINING TO NONCONFORMING
4 BUILDINGS AND STRUCTURES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT7 OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section ill of the Chesapeake Bay Preservation Area
8 ordinance of the City of Virginia Beach, pertaining to
9 nonconforming buildings and structures, be, and hereby is, amended
10 and reordained, and shall read as follows:
11 Section 111. Nonconforminq Buildings and Structures.
12 A. Any use, building or structure which lawfully existed on
13 the date of adoption of this ordinance and which is not in
14 conformity with any one or more of the provisions of this
15 ordinance, and any use, building or structure which lawfully exists
16 on the date of adoption of any amendment to this ordinance and
17 which is not in conformity with such amendment, shall be deemed
is nonconforming.
19 B. No change of use or extension, enlargement, relocation
20 or substantial alteration of a nonconforming use, building or
21 structure
22 ic it the n e
23 T)C ff 1 shall be allowed unless
24 authorized by the Board in accordance with the procedures and
25 standards specified in Section 114 of this ordinance the
26 Committee pursuant to subsection E .
27 C. Any action of the Board permitting a change of use, or
28 the extension, enlargement, relocation or alteration of a use,
29 building or structure subject to the provisions of this section
30 shall be null and void twelve (12) months from the date of its
31 adoption unless substantial work has commenced and is diligently
32 pursued. construed to prohibit
33 D. Nothing in this section shall be
34 the reconstruction or restoration of any nonconforming building or
35 structure which is destroyed or damaged by reason Of casualty loss,
36 provided that the area encompassed by such building or structure,
37 as reconstructed or restored, is not extended or enlarged.
38 Relocation of a building or structure shall be allowed only as
39 provided in subsection (B) hereof.
40 E. a
41
42 nonconformin use, 1 be r e
43 COT( dete
44
45 or
46
47 ----ove t-hne
48 determines that in
49 oad ma be revent-e
50 other initi atic
51 the condition that such ra,
52 thereof be e,,
53 olicies as it deem ex
54 this section.
55 F. NOt-w
56 where the re uiiremn
57 S( are met.. e anv chanqe of
58 use or extensic t,
59
60
61 Adopted by the city Council of the City of Virginia Beach
62 on the ? th day of 199"
63 CA-91-4191
64 \ordres\50-111.ord
65 R-1
2
;kPPROVED AS TO CONT@
SIC,@@ IATIJ RE
@, @ I
APOROVED t@S TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 112 OF THE CHESAPEAKE BAY
3 PRESERVATION AREA ORDINANCE,
4 PERTAINING TO EXEMPTIONS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That section 112 of the Chesapeake Bay Preservation Area
8 Ordinance of the City of Virginia Beach, pertaining to exemptions,
9 bel and hereby is, amended and reordained, and shall read as
10 follows:
11 section 112. Exemptions.
12 A. Exemptions for Public Facilities.
13 (1) construction, installation, operation and
14 maintenance of electric and telephone lines,
15 railroads, public roads and their appurtenant
16 structures in accordance with all requirements of
17 Article iii of Chapter 30 of the Code of the City
18 of virginia Beach (city Code Sections 30-56 through
19 30-78) shall be deemed to be in compliance with
20 this ordinance. Such appurtenant structures shall
21 include, but are not limited to, bridges, culverts,
22 guard rails, drainage facilities, lighting and
23 traffic control devices, fences and berms.
24 (2) Construction, installation and maintenance of
25 water, sewer, cable and gas lines and storm drains,
26 and their appurtenant facilities, and of pumping
27 stations, fire hydrants, manholes, communication
28 devices and power facilities that are an essential
29 but incidental co-mponent of public water and sewer
projects, shall be exeInPt f,,m this ordinance
30
31 provided that: the location of
32 a. To the degree practicable,
33 such utilities and facilities shall be outside
34 Resource Protection Areas;
more land shall be disturbed than is
35 b. No
'de for the desired
36 necessary to provi
37 installation;
C. All construction, installation, and
38 facilities
39 maintenance of such utilities and
shall colply with all applicable state and
40 nd shall be
41 federal requirements and permits a
designed and constructed in a manner that
42
43 protects water quality; and
44 d. Any land disturbance exceeding an area of
2,500 square feet complies with all
45 er 30 of the
46 requirements of Article 3 of Chapt
Code of the City of Virginia Beach (city Code
47
48 sections 30-56 through 30-78).
(3) Construction, installation and maintenance of
49 stormwater quality control structures such as
50 pipes, ditches, swales, culverts, detention and
51 devices and
52 retention ponds, energy dissipating
53 ditch bank protection which are required or
54 regulated by city ordinance and which comply with
55 the requirements of Article III of Chapter 30 Of
56 the Code of the City of Virginia Beach (city Code
57 sections 30-56 through 30-78) shall be deemed to be
58 in compliance with this ordinance.
59 B. Exemptions for Silvicultural Activities.
60 silvicultural activities shall be exempt from the
prov'ded that such activities
61 requirements of this ordinance 1
62 comply with water quality protection procedures prescribed bY the
63 Department of Forestry in its "Best Management Practices Handbook
64 for Forestry operations."
2
65 C. EXeMPtions in Resource Protection Areas.
66 The following uses of land in Resource Protection Areas shall
67 be exempt from the provisions of this ordinance: (i) water wells;
68 (ii) passive recreation facilities, including, but not limited to,
69 =;Fi4; boardwalks,
70 trails and pathways; (iii) historic preservation and
71 archaeological activities; @ (iv) fences which do not inhibit
72 surf ace f low!-a] n
73 , provided that it is demonstrated to the satisfaction of
74 the committee that:
75 (1) Any required permits, except those to which this
76 exemption specifically applies, shall have been
77 issued; and
78 (2) Any land disturbance exceeding an area of 2,500
79 square feet shall comply with all requirements of
so Article 3 of Chapter 30 of the Code of the City of
81 Virginia Beach (City Code Sections 30-56 through
82 30-78).
83 Adopted by the City Council of the City of Virginia Beach on
84 the th day of 1991.
85 CA-91-4292
86 \ordres\50-112.ord
87 R-1
3
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 109 AND 110 OF THE CHESAPEAKE BAY PRESERVATION
3 AREA ORDINANCE, PERTAINING TO WATER QUALITY
4 IMPACT ASSESSMENTS AND PLANS OF DEVELOPMENT
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 109 and 110 of the Chesapeake Bay Preservation
8 Area ordinance of the City of Virginia Beach, pertaining to water
9 quality impact assessments and plans of development, be, and hereby
10 are, amended and reordained, and shall read as follows:
11 Section 109. Water Quality Impact Assessment.
12 A. The purpose of a water quality impact assessment is to:
13 (i) identify the potentially adverse impacts of proposed
14 development on water quality and lands within Chesapeake Bay
15 Preservation Areas; (ii) ensure that, where development or
16 redevelopment takes place within Chesapeake Bay Preservation Areas,
17 it will be located on those portions of a site and in a manner that
18 will be least disruptive to the natural functions of Resource
19 Protection Areas and other sensitive lands; and (iii) specify means
20 to avoid, minimize or mitigate the impacts of development for water
21 quality protection.
22 B. A water quality impact assessment shall be required (i)
23 for any development or redevelopment within a Resource Protection
24 Area; (ii) for any buffer area encroachment or reduction provided
25 for in Section 108 of this ordinance; or (iii) where a water
26 quality impact statement is deemed necessary by the Committee to
27 evaluate tbe potential impacts of the development or redevelopment
28 upon water quality or a Resource Protection Area by reason ot the
29 unique characteristics of the site or the intensity of the proposed
30 use or development.
31 C. The following elements shall be included in a water
32 quality assessment unless one or more such elements shall, in the
33 judgment of the Committee, not be reasonably necessary in
34 determining the impact of the proposed development or
35 redevelopment:
36 (1) Location of the components of the Resource
37 Protection Area, including the 100 foot buffer area;
38 (2) Type and location of proposed best management
39 practices to mitigate any encroachment into, or
40 reduction of, the buffer area;
41 (3) A scaled plan and text that:
42 a. Describes the existing topography, soil
43 information, including depth to groundwater and
44 infiltration rate where appropriate, surface
45 and groundwater hydrology, wetlands on the site
46 and, if necessary, drainage patterns from
47 adjacent lands;
48 b. Describes the impacts of the proposed
49 development on topography, soils, surface and
50 groundwater hydrology on the site and adjacent
51 lands;
52 C. Describes potential adverse impacts on
53 wetlands;
54 d. Indicates the source location and description
55 of proposed excavation and fill material;
56 e. Indicates, for any water-dependent activity,
57 the location of, and potential adverse impacts
58 upon, shellfish beds, submerged aquatic
59 vegetation, and fish spawning and nursery
60 areas;
61 f. Lists all federal, state and local permits
62 required for the development of the site; and
63 9. Describes the proposed mitigation measures for
64 the potential adverse hydrogeological impacts
65 of the project;
2
66 (4) A landscape element that:
67 a. Identifies and delineates the location of all
68 trees of six-inch (6") or greater diameter at
69 breast height. Where there are groups of
70 trees, stands may be outlined;
71 b. Describes the impacts the proposed
72 development or redevelopment will have on
73 existing vegetation. such information shall
74 include:
75 1. Limits of clearing, based on all
76 anticipated improvements, including
77 buildings, drives, and utilities;
78 2. Delineation of all trees which will be
79 removed; and
80 3. Description of plant species to be
81 disturbed or removed.
82 C. Describes the proposed measures for
83 mitigation, which should include:
84 1. A replanting schedule for trees and other
85 vegetation removed f or construction,
86 including a list of plants and trees to
87 be used;
88 2. A demonstration that the design of the
89 plan will preserve to the greatest extent
90 possible any trees and vegetation on the
91 site and will provide maximum erosion
92 control and overland flow benefits from
93 such vegetation; and
94 3. A demonstration that indigenous plants are
95 to be used to the greatest extent
96 possible.
97 D. Submission and Review Requirements.
98 (1) There shall be submitted to the Director for review
99 such number of copies of all site drawings and other
100 required information as the Director may require.
3
101 (2) All information required in this section shall be
102 prepared by a professional engineer, a certified
103 landscape architect or a certified land surveyor,
104 provided, however, that the landscape element may
105 be prepared by a qualified professional, as defined
106 by the Vir-gj:nia BeaGh Lal4d&Gape GrdinaRGA- Citv'S
107 Parking Lot ndation Landscaping
108 si3ecifications and Standards; and provided further-
109 that landscaiping plans for sinqle-familv residential
110 development or red t sub! ect to the
ill Subdivision ordinance shall not be recruired to be
112 prepared by rofessional.
113 (3) A water quality impact assessment shall be prepared
114 and submitted to the Director and reviewed by the
115 committee in conjunction with Section 110 (Plan of
116 Development Process) of this ordinance.
117 Section 110. Plan of Development Process.
iis Any development or redevelopment having a construction
119 footprint exceeding 2,500 square feet shall be accomplished through
120 a plan of development process prior to any clearing or grading of
121 the site or the issuance of any building permit.
122 A. Required Information.
123 The following plans shall be submitted, unless otherwise
124 provided for or deemed unnecessary by the Committee:
125 (1) A site plan or a subdivision plat meeting the
126 requirements of the Site Plan Ordinance or
127 subdivision Ordinance, as the case may be;
128 (2) An environmental features survey;
129 (3) A landscape plan;
130 (4) A stormwater management plan meeting the
131' requirements of the Stormwater Management Ordinance;
132 (5) An erosion and sediment control plan meeting the
13 3 requirements of the City's Erosion and Sediment
134 Control and Tree Protection Ordinance; and
4
135 (6) A water quality impact assessment, if recfuired by
136 Section 109 of this ordinance.
137 B. Environmental Features Survey.
138 An environmental features survey shall be submitted in
139 conjunction with final subdivision plat or site plan review.
140 (1) Such plan shall be drawn to scale and clearly
141 delineate the following environmental features:
142 (a) Tidal wetlands;
143 (b) Tidal shores;
144 (c) Nontidal wetlands connected by perennial
145 surface flow and contiguous to tidal wetlands
146 or tributary streams;
147 (d) Highly erodible soils;
148 (e) A buffer area one hundred (100) feet in width,
149 located adjacent to and landward of components
150 (a) through (e) and along both sides of any
151 tributary stream.
152 (2) The location and extent of nontidal wetlands
153 referred to in (c) hereinabove shall be determined
154 in accordance with the procedures specified in the
155 Federal Manual for Identifying and Delineating
156 Jurisdictional Wetlands, as restricted by the
157 definition of nontidal wetlands set forth in Section
158 103 of this ordinance.
159 (3) The environmental features survey plan shall be
160 drawn to the same scale as the preliminary site
161 plan or subdivision plat, and shall be certified
162 as complete and accurate by a professional
163 engineer, certified landscape architect or
164 certified land surveyor.
165 C. Landscape Plan.
166 (1) A landscape plan shall contain the following:
167 a. A delineation of the location, size, and
168 description of existing and proposed plant
169 material. All existing trees on the site of
5
170 six-inch or greater diameter at breast height
171 shall be shown on the landscaping plan. Where
172 there are groups of trees, stands, may be
173 outlined instead. The specific number of such
174 trees to be preserved outside or within the
175 construction footprint shall be indicated on
176 the plan. Trees to be removed to create a
177 desired construction footprint shall be clearly
178 delineated on the landscape plan. If no
179 mitigation or Plantina is recruired, existing
180 trees may be delineated on the environmental
181 features ve ;
182 b. A delineation of any required buffer area and
183 any plant material to be added to establish or
184 supplement the buffer area;
185 C. Within the buffer area, a designation of the
186 trees to be removed for sight lines, vistas,
187 access paths and best management practices, and
188 any vegetation replacing trees removed from the
189 buffer area;
190 d. A designation of the trees to be removed for
191 shoreline stabilization projects and any
192 replacement vegetation;
193 e. A depiction of grade changes or other work
194 adjacent to trees which would adversely affect
195 them. Specifications shall be provided as to
196 how grade, drainage, and aeration would be
197 maintained around trees to be preserved; and
198 f. Specifications for the protection of existing
199 trees during clearing, grading, and all phases
200 of construction.
201 (2) Plant Specifications.
202 Plant specifications shall be as follows:
2 03 a. All plant materials necessary to supplement the
204 buffer area or vegetated areas outside the
6
05 construction footprint shall be installed
06 according to standard planting practices and
07 procedures.
208 b. All supplementary or replacement plant
209 materials shall be in a healthy condition.
210 Plant materials shall conform to the standards
211 of the most recent edition of the American
2 12 Standard for Nursery Stock, published by the
213 American Association of Nurserymen.
2 14 C. Where areas to be preserved are encroached
215 upon, replacement of existing trees and other
216 vegetation shall be achieved at a ratio of
217 three (3) trees planted to one (1) tree greater
218 than six (6) inches diameter at breast height
219 removed, or by such other measures as in the
220 judgment of the Committee will adecluately
221 compensate for the removal of such trees and
222 other vegetation. Replacement trees shall be
223 a minimum two (2) to two and one-half inches
224 (2 1/2") caliper at the time of planting.
225 (3) Maintenance.
226 Maintenance of vegetation shall be as follows:
2 27 a. The applicant shall be responsible for the
228 maintenance and replacement of all vegetation
229 required by the provisions of this ordinance.
23 0 b. In buffer areas and areas outside of the
2 3 1 construction footprint, plant material shall
232 be tended and maintained in a healthy growing
2 33 condition and free from refuse and debris.
234 Unhealthy, dying, or dead plant materials shall
235 be replaced during the next planting season,
236 as required by the provisions of this
237 ordinance.
238 (4) The landscape plan shall be drawn to the same scale
239 as the preliminary site plan or final subdivision
7
24 0 plat, and shall be submitted as complete and
24 1 accurate by a qualified professional, as defined by
242 the V4:r-ginia
243 Parki Lot ad Foudatio- Ladsca i.
244 S cifictios a,,d Standard- ro-,idd however
245 that landscape an. for si. 1-fail rsidential
246 dev 1. me@t r redevelo e@t not ubect to the
247 Su
248 prepared by a alified rofessional.
249 D. Stormwater Management Plan.
250 A stormwater management plan shall be submitted as part of
251 the plan of development process required by this ordinance and in
252 conjunction with preliminary site plan or final subdivision plat
253 approval.
254 (1) The stormwater management plan shall contain maps,
255 charts, graphs, tables, photographs, narrative
256 descriptions, explanations, and supporting
257 references. At a minimum, the stormwater management
258 plan shall contain the following:
259 a. Location and design of all planned stormwater
260 control devices;
261 b. Procedures for implementing non-structural
262 stormwater control practices and techniques;
263 C. Predevelopment and postdevelopment nonpoint
264 source pollutant loadings with supporting
265 documentation of all utilized coefficients and
266 calculations;
267 d. For stormwater management facilities,
268 verification of structural soundness, which
269 shall be certified by a professional engineer
270 or a certified landscape architect.
271 (2) All engineering calculations shall be performed in
272 accordance with current City of Virginia Beach
273 Public Works Standards and specifications.
8
274 (3) The plan shall establish a long-term schedule for
275 inspection and maintenance of stormwater management
27 6 consistent with the City's Stormwater Management
277 ordinance.
278 E. Erosion and Sediment Control Plan. An erosion and
279 sediment control plan meeting the requirements of the provisions
280 of Article 3 of Chapter 30 of the Code of the City of Virginia
281 Beach (City Code Sections 30-56 through 30-78) shall be subtftitted
282 with the preliminary site plan or final subdivision plat.
283 F. Performance and Bonding Requirements.
2 84 (1) No approved plans required by this section shall be
285 released until the applicant provides performance
286 bonds or other form of surety acceptable to the City
287 Attorney, provided,
288 however, that when the occupancy of a structure is
289 desired prior to the completion of the required
290 landscaping, stormwater management facilities, or
291 other specifications of an approved plan, a building
292 permit and certificate of occupancy may be issued
293 if the applicant provides to the City of Virginia
294 Beach a form of surety satisfactory to the City
295 Attorney in an amount equal to the estimated cost
296 of construction, related materials, and installation
297 costs of the required landscaping or other
298 specifications and maintenance costs for any
299 required stormwater management facilities.
300 (2) All required landscaping shall be installed as
301 approved by the end of the first planting season
302 following issuance of a certificate of occupancy or
303 the surety shall be forfeited to the City.
304 (3) All required stormwater management facilities or
305 other specifications shall be installed and approved
306 within eighteen (18) months of project commencement.
307 Should the applicant fail, after proper notice, to
308 initiate, complete or maintain appropriate actions
9
309 required by the approved plan, the surety may be
310 forfeited to the City, which may also collect from
311 the applicant the amount by which the reasonable
312 cost of required actions exceeds the amount of the
313 surety held.
314 (4) After all required actions of the approved plan have
315 been completed, the applicant shall submit to the
316 Director a written request for a final inspection.
317 If the requirements of the approved plan have been
318 completed, such unexpended or unobligated portion
319 of the surety held shall be refunded to the
320 applicant or terminated within sixty (60) days
321 following the receipt of the applicant's request for
322 final inspection.
323 (5) Prior to the issuance of any grading, building or
324 other permit for activities involving site
325 development activities, the applicant shall furnish
3 2 6 to the City a reasonable performance bond, cash
327 escrow, letter of credit or other legal surety, or
3 28 any combination thereof acceptable to the City
329 Attorney, to ensure that measures may be taken by
3 3 0 the City, at the applicant's expense, should he
3 3 1 fail, after proper notice, within the time
332 specified, to initiate or maintain appropriate
3 3 3 conservation action which may be required of him as
334 a result of his site development.
3 3 5 (6) Any applicant, or potential applicant, may confer
3 3 6 with such departments and other agencies of the City
3 37 as may be appropriate concerning a general
3 38 development or redevelopment proposal before
3 39 submission of an application. Such conference shall
340 not require formal application, the payment of fees,
10
341 or submission of a plan of development, and shall
342 not be construed as an application for approval of
343 such proposal.
344 Adopted by the City Council of the City of Virginia Beach on
345 the 9th day of July 1991.
346 CA-91-4291
347 \ordres\50-109et.orn
348 R-2
21 -
Item
CONSENT AGENDA ITEM # 34651
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, city Council
APPROVED in ONE MOTION its 1, 2, 3, 4, 5 and 6 ot the CONSENT AGENDA.
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. McCianan, Mayor
Meyera E. Oberndort and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
22 -
Item
CONSENT AGENDA ITEM # 34652
Upon motion by Vice Mayor Fentress, seconded bY Councilman Jones, city Council
ADOPTED, AS REVISED:
Resolution amending and restating certain
provisions of a Resolution authorizing the issuance
of $6,370,000 School Bonds, Series of 1991A, of the
city of Virginia Beach, Virginia; ratifying certain
other provisions relating thereto; and, ratifying
award of $5,278,597 School Bonds, Series of 1991A,
of the city of Virginia Beach, Virginia, to the
Virginia Public School Authority.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
At a regular meeting of the city Council of the City Of
virginia Beach, Virginia, held on the 9th day of July, 1991, at
which the following members were present and absent:
PRESENT:
John A. Baum Paul J. Lanteigne
James W. Brazier, Jr. Reba S. McClanan
Robert W. Clyburn Mayor Meyera E. Oberndorf
Vice Mayor Robert E. Fentress William D. Sessoms, Jr.
Louis R. Jones
ABSENT:
Harold Heischober
Nancy K. Parker
the following resolution was adopted by a majority of all members
of the City Council by a roll call vote, the ayes and nays being
recorded in the minutes of the meeting as shown below:
MEM_BER VOTE
John A. Baum Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
William D. Sessoms, Jr. Aye
RESOLUTION AMENDING AND RESTATING CERTAIN PROVISIONS OF
A RESOLUTION AUTHORIZING THE ISSUANCE OF $6,370,000
SCHOOL BONDS, SERIES OF 1991A, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RATIFYING CERTAIN OTHER PROVISIONS
RELATING THERETO AND RATIFYING AWARD OF $5,278,597
SCHOOL BONDS, SERIES OF 1991A, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, TO VIRGINIA PUBLIC SCHOOL AUTHORITY
WHEREAS, by resolution adopted on June 4, 1991 (the "Bond
Resolution"), the City council (the "Council") of the City of
Virginia Beach, 'Virginia (the "City"), provided for the issuance
of $6,370,000 School Bonds, Series of 1991A (the "Bondsil), of the
City to the Virginia Public School Authority (the "Authority");
WHEREAS, such resolution authorized the City Manager to
award the Bonds to the Authority at such interest rate or rates
as would produce a differential in each year of not more than ten
one-hundredths of one percent (10/100 of 1%) over the annual rate
to be paid by the Authority on the bonds it sold to provide funds
to purchase the Bonds, provided that no interest rate or rates on
the Bonds should exceed nine percent (9%) per year;
WHEREAS, on July 2, 1991, the City Manager on behalf of the
City awarded the Bonds, bearing interest at the annual rates and
maturing on July 15 in years and amounts as shown on Schedule I
hereto, to the Authority;
WHEREAS, the Authority has requested the Council to amend
and restate certain provisions of the Bond Resolution in order to
conform the terms and provisions of the Bonds to those of the
bonds to be issued by the Authority, a portion of the proceeds of
which the Authority will use to purchase the Bonds; and
WHEREAS, the Council desires to amend and restate certain
provisions of the Bond Resolution and to ratify and confirm
certain other provisions relating thereto;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Bond Resolution is amended to provide that the
Bonds shall be issued in the aggregate principal amount of
$5,278,597; shall be issuable in fully registered form as a
single typewritten bond substantially in the form attached hereto
as Exhibit A; shall be dated the date of issuance and delivery of
the Bonds; shall be designated "School Bonds, Series of 1991AII;
shall bear interest from the date of delivery thereof payable on
January 15, 1992, and semiannually thereafter on each January 15
and July 15 (each an "Interest Payment Date"), at the rates set
forth on Schedule I attached hereto and shall mature on July 15
in the years (each a "Principal Payment Date"), and in the
amounts set forth on Schedule I attached hereto. The action of
the City Manager in awarding the Bonds to the Authority is hereby
ratified, approved and confirmed.
2. The Bond Resolution is amended to provide that the
Mayor, the City Manager and sucli officer or officers of the City
as either may designate are hereby autilorized and directed to
execute a Use of Proceeds certificate or Certificates setting
forth the expected use and investment of the proceeds of the
Bonds and containing such covenaiits as may be necessary in order
to show compliance with the provisions of the Internal Revenue
Code of 1986, as amended (the "Codell), and applicable regulations
relating to the exclusion from gross income of interest on the
Bonds or on the Authority's bonds, except as provided below. The
Council covenants on behalf of the City (i) that the proceeds
from the issuance and sale of the Bonds will be invested and
expended as set forth in such Use of Proceeds Certificate or
-2-
Certificates and the City shall comPlY with the other covenants
and representations contained therein, (ii) that the city shall
not file a Form 8038-G for the Bonds with the Internal Revenue
Service, and (iii) that the City shall comply with (A) the
provisions of the Code, except as provided above, so that
interest on the Bonds would be excludable from gross income for
Federal income tax purposes but for the filing of a Form 8038-G
for the Bonds with the Internal Revenue service and (B) the
provisions of the Code so that interest on the Authority's bonds
will remain excludable from gross income for Federal income tax
purposes.
3. All references to "premium" and "premium, if any," in
the Bond Resolution shall hereby be deleted.
4. As amended and restated by this Resolution, the Bond
Resolution is hereby ratified and confirmed and is in full force
and effect. To the extent any provision of the Bond Resolution
conflicts with any provision of this Resolution, the provision of
this Resolution shall control.
5. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach,
virginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
City Council held the 9th day of July, 1991, and of the whole
thereof so far as applicable to the matters referred to in such
extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this day of July, 1991.
(SEAL)
Clerk of the Cit Beac
virginia
-3-
Schedule i
Virginis Beach cay
Virginia Public Sc@l Authority
Series 1991A
Paynient Interest Total Fiscal
Date Pdncipal Rate Interest Debt Servim Total
1/15192 151.525.00 151,525.00 151.525.00
7/15192 215,600 4.850% 165,300.00 380,900.00
1/15/93 160,071.70 160,071.70 540,971.70
7/15/93 239.300 5.350% 160,071.70 399.371.70
1/15194 153,670.42 153,670.42 553,042.12
7/15/94 239,673 5.600% 153,670.42 393,343.42
1/15/95 146,959.58 146,959.58 540,303.00
7/15/95 241,653 5.800% 146,959.58 388.612.58
1/15/96 139,951.64 139,951.64 528,564.22
7/15/96 243,094 5.900% 139,951.64 383,045.64
1/15197 132,780.37 132,780.37 515,826.01
7/15/97 2",998 6.100% 132,780.37 377,778.37
1/15/98 125,307.93 125,307.93 503,086.30
7/15/98 247,274 6.100% 125,307.93 372,581.93
1/15/99 117,766,07 117,766.07 490.348.00
7/15/99 249,821 6.200% 117,766.07 367,587.07
1/15/00 110,021.62 110,021,62 477.608.69
7/1 Woo 252,790 6.300% 110,021.62 362,811.62
1/15/01 102,058.73 102,058.73 464,870.35
7/15101 256,213 6.400% 102,058.73 358.271.73
1115102 93,859.91 93.859.91 452,131.64
7/15102 260,127 6.500% 353.986.91
1/15/03 85,405.78 85.405.78 439,392.69
7/15/03 264,573 6.600% 85,405.78 349,978.78
1/15/04 76,674.87 76,674.87 426,653.65
7/15104 269,457 6.600% 76,674.87 346,131.87
1/15/05 67,782.79 67,762.79 413,914.66
7/15/05 274,674 6.600% 67,782.79 342,456,79
1/15/06 58,718.55 58.718.55 401,175.34
7/15/06 280,248 6.600% 58,718.55 338,966.55
1/15/07 49,470.37 49,470.37 388,436.92
7/15107 286.202 6.600% 49.470.37 335,672.37
1/15/08 40,025.70 40,025.70 375,698.07
7/15/08 292,562 6.600% 40,025.70 332,587.70
1/15109 30,371.15 30.371.15 362.958.65
7/15/09 299,356 6.600% 30.371.15 329.727.15
1/15/10 20,492.40 20,492.40 350,219.55
7/15110 306.614 6.600% 20.492.40 327,106.40
1/15/11 10,374.14 10,374.14 337.480.54
7/1 Sti 1 314,368 6.600% 10,374.14 324,742.14
1/15/12 0.00 0.00 324,742.14
7/15/12
5,278,597 3.760.352." 9,038,949.44 9,038,949.44
Dated Date 7/31/91
Delivery Date 7/31/91
Prepared by Publk- Financial Managermnt, Inc. LocaISchBndAftch 7/2/91 3:39 PM
EXHIBIT A
(FORM OF BOND)
NO. R-1 $5,278,597
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
School Bond Series Of 1991A
CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value
received, hereby acknowledges itself indebted and promises to pay
to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of
FIVE MILLION TWO HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED
NINETY-SEVEN ($5,278,597) in annual installments in the amounts
set forth on Schedule I attached hereto payable on July 15, 1992,
and annually on July 15 thereafter to and including July 15, 2011
(each a "Principal Payment Date"), together with interest from
the date of this Bond on the unpaid principal and, to the extent
permitted by law, any overdue interest, payable semiannually on
each January 15 and July 15, commencing January 15, 1992 (each an
"Interest Payment Date"; together with any Principal Payment
Date, a "Payment Date"), at the rates per annum set forth on
Schedule I attached hereto. Both principal of and interest on
this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public school Authority is the
registered owner of this Bond, Crestar Bank, Richmond, Virginia,
as Bond Registrar, shall make all payments of principal of and
interest on this Bond, without the presentation or surrender
hereof, to the Virginia Public School Authority, in immediately
available funds at or before 11:00 a.m. on the applicable Payment
Date. If a Payment Date is not a business day for banks in the
Commonwealth of Virginia or for the Commonwealth of Virginia,
then the payment of principal of or interest on this Bond shall
be made in immediately available funds at or before 11:00 a.m. on
the business day next preceding tbe scheduled Payment Date. Upon
receipt by the registered owner of this Bond of said payments of
principal and interest, written acknowledgement of the receipt
thereof shall be given promptly to the Bond Registrar, and the
City shall be fully discharged of its obligation on this Bond to
the extent of the payment so made. Upon final payment, this Bond
shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the City are irrevocably
pledged for the payment of principal of and interest on this
Bond.
A-4
This Bond is duly authorized and issued in compliance with
and Pursuant to the Constitution and laws of the Commonwealth of
Virginia, including the Public Finance Act, Chapter 5, Title
15.1, Code of Virqinia of 1950, as amended, and a resolution duly
adopted by the City Council of the City to provide funds,
together with other available funds, to finance capital projects
for public schools.
This Bond is registered in the name of Virginia Public
School Authority as to both principal and interest on books of
the city kept by the Bond Registrar, and the transfer of this
Bond may be effected by the registered owner of this Bond only
upon due execution of an assignment by such registered owner.
The principal installments of this Bond are not subject to
prepayment or redemption prior to their stated Maturities.
All acts, conditions and things required by the constitution
and laws of the Commonwealth of Virginia, including the City
Charter, to happen, exist or be performed precedent to and in the
issuance of this Bond have happened, exist and have been
performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the City, is within
every debt and other limit prescribed by the constitution and
laws of the Commonwealth of Virginia. The resolution adopted by
the City Council on June 4. 3-.991, provides, and Section 15.1-210
of the Code of Virginia of 1950, as amended, requires, that there
shall be levied and collected an annual tax upon all taxable
property in the City subject to local taxation sufficient to
provide for the payment of the principal of and interest on this
Bond as the same shall become due which tax shall be without
limitation as to rate and amount and shall be in addition to all
other taxes authorized to be levied in the City.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this Bond to be signed by its Mayor, to be
countersigned by its Clerk, its seal to be affixed hereto, and
this Bond to be dated July -, 1991.
COUNTERSIGNED:
(SEAL)
C.' erk, City of Virginia ayor,
Be.ch,Virgiia Beach, V rg nia
A-5
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and
transfers unto
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
the within Bond and irrevocably constitutes and app,i,ts
attorney to
hich this
ster the transfer of such definitive
r registration thereof, with full power
mises.
Date:
Signature Guaranteed:
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
of without alteration or change.)
e or
A-6
- 23 -
Item 111-1.2a.
CONSENT AGENDA ITEM # 34653
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
City of Virignia Beach, Section 6-9, re riding
bicycles and other pedal-powered vehicles on the
boardwalk.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-9 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO BEACHES,
5 BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-9 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 6-9. Riding bicycles and other pedal-powered vehicles
11 on boardwalk.
12 (a) It shall be unlawful for any person to operate any
13 bicycle upon the boardwalk along the Atlantic Ocean at any time
14 where the city has designated a bicycle path adjacent to the
15 boardwalk.
16
17 provide
18 (b) It shall be unlawful for any person to operate on the
19 boardwalk along the Atlantic Ocean at any time any pedal-powered
20 vehicle that is muscle-powered, having more than two (2) wheels
21 and any wheel diameter greater than twelve (12) inches.
22 (C) The nrohihifi@@- 4 be
23 aidr)licablp- t-n ii-,, r to employees
24 of the franchisee authorized to perform lifeguard services, or
25 emdlovees of An, F),-- franchisee o authorized to
26 provide boardwalk services, provided such emdlo@ees are on dutv
27 and the provision of e use of a bicycle
28 or anv nedal-nnw.@.,q e
29 than two (2) wheels and any wheel diametpr +-han twelve
30 inches.
31 Adopted by the Council of the Cit a Beach,
32 virginia on the - 9th day of 1.
IURE
33 CA-4332
34 \ordin\proposed\06-009.pro
35 R-1 DEP,
APPROVED AS TO LEGAL
SUFFICIENCVAND EQRM
- 24 -
Item II-1.2b/c.
CONSENT AGENDA ITEM # 34654
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, CitY Council
ADOPTED:
Ordinances to AMEND and REORDAIN the Code of the
CitY of Virginia Beach, Sectio, 6-121, re reckless
boating, skiing, etc., and Section 6-122.2, e
consent to blood or breath test.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
APPROVED AS TO
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 6-121 AND 6-
3 122.2 OF THE CODE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO BEACHES, BOATS AND
6 WATERWAYS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 6-121 and 6-122.2 of the code of the City of
10 Virginia Beach, Virginia, are hereby amended and reordained to
11 read as follows:
12 Section 6-121. Reckless boating, skiing, etc.
13 (a) It shall be unlawful and a Class I misdemeanor for any
14 person to operate any motor boat or other vessel, or to manipulate
15 any water skis, surfboard or other similar device, or engage in
16 spearfishing while skindiving or scuba diving on or in any of the
17 waters in the city, in a reckless or negligent manner so as to
18 endanger or be likely to endanger the life, limb or property of
19 any person.
20 (b) Notwithstanding the foregoing provision of this article,
21 upon the trial of any person charged with a violation thereof
22 where the degree of culpability is slight, the court in its
23 discretion may find the accused not guilty of reckless boating,
24 skiing, surfboarding or spearfishing but guilty of improper
25 boating, skiing, surfboarding or spearfishing
26 as
27 a Class 3 misdemeanor.
28
29
30
31
32
33
34
35
36 Section 6-122.2. Consent to blood or breath test.
37 (a) Any person who operates a watercraft or motorboat which
38 is underway upon waters of the commonwealth shall be deemed
39 thereby, as a condition of such operation, to have consented to
40 have samples of his blood or breath or both blood and breath taken
41 for a chemical test to determine the alcohol4-G or drug or both
42 alcohol@ and drug content of his blood, if such person is
43 arrested for operating a watercraft or motorboat which is underway
44 in violation of subsection (a) of section 6-122, within two (2)
45 hours of the alleged offense. Any person so arrested shall elect
46 to have either the blood or breath sample taken, but not both. If
47 either the blood test or the breath test is not available then the
48 available test shall be taken. However, it shall not be a matter
49 of defense if the blood test or the breath test is not available.
50 In addition, if the accused elects a breath test, he shall be
51 entitled, upon request, to observe the process of analysis and to
52 see the blood-alcohol reading on the equipment used to perform the
53 breath test. If such equipment automatically produces a written
54 printout of the breath test result, this written printout, or a
55 copy thereof, shall be given to the accused in each case.
56 (b) If a person, after being arrested for a violation of
57 subsection (a) of section 6-122 and after having been advised by
58 the arresting officer that a person who operates a watercraft or
59 motorboat which is underway upon the waters of the commonwealth
60 shall be deemed thereby, as a condition of such operation, to have
61 consented to have a sample of his blood or breath taken for a
62 chemical test to determine the alcohol or drug content of his
63 blood, and that the reasonable refusal to do so constitutes
64 grounds for a court to order him not to operate a watercraft or
65 motorboat which is underway upon the waters of the commonwealth,
66 then refuses to permit the taking of a sample of his blood or
67 breath for such tests, the arresting officer shall take the person
68 arrested before a committing magistrate. If he again so refuses
69 after having been further advised by such magistrate of law
70 requiring a blood or breath test to be taken and the penalty for
2
71 refusal, and so declares again his refusal in writing upon a form
72 provided by the
73 . . . Supreme Court of
74 or refuses or fails to so declare in writing and such
75 fact is certified as prescribed in subsection (p) of section 18.2-
76 268 of the Code of Virginia, then no blood or breath sample shall
77 be taken even though he may thereafter request same.
78 (c) When any person is arrested for operating a watercraft
79 or motorboat which is underway in violation of subsection (a) of
80 section 6-122, the procedures and requirements of subsections (d)
81 and (f) through (s) of section 18.2-268 of the Code of Virginia
82 shall apply, mutatis mutandis, to this section.
83 (d) If the court or jury finds the defendant guilty of
84 unreasonably refusing to permit a blood or breath sample to be
85 taken, the court shall order such person not to operate a
86 watercraft or motorboat which is underway for a period of twelve
87 (12) months for a first offense and for twenty-four (24) months
88 for a second or subsequent offense of refusal within five (5)
89 years of the first or other such refusal. However, if the
90 defendant pleads guilty to a violation of subsection (a) of
91 section 6-122, the court may dismiss the refusal warrant.
92 Adopted by the council of the City of Virginia Beach,
93 Virginia on the 9th day of July 1991.
94 CA-4323
95 \ordin\proposed\06-12let.pro
96 R-2
3
- 25 -
Item II-I.2d.
CONSENT AGENDA ITEM # 34656
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinances to AMEND and REORDAIN th, Code of the
CitY of Virginia Beach, Section 18-20, re
assessment of tax and issuance of business license.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robe,t E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 18-20 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 ISSUANCE OF BUSINESS LICENSE.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 18-20 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 18-20. Assessment of tax and issuance of license
11 generally.
12 (a) The commissioner of revenue shall assess each applicant
13 for a license or other person whom a license is required under
14 this chapter with a license tax required by this chapter and shall
15 issue a license, signed by him, to such applicant or other person
16 to prosecute the business, employment, profession or thing to be
17 done therein named.
18 (b)
19 d
20 s
21 d
22 n
23
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia on the 9th day of July 1991.
26 CA-4330
27 \ordin\proposed\18-020.pro
28 R-2
Ap AS T(
IIATI
DEPARTN
APPROVED AS TO LEGAL
s RM
'CITY ATTORNEY
- 26 -
Item II-I.2..
CONSENT AGENDA ITEM # 34657
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinances to AMND nd REORDAIN the Code of the
CitY of Virginia Beach, Section 35-11, re payme,t
of administrative costs in collection of delinquent
taxes.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Rob,rt W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 35-11 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 COLLECTION OF DELINQUENT TAXES.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 35-11 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 section 35-11. Payment of administrative costs in collection of
11 delinquent taxes.
12 The treasurer of the city is hereby authorized to impose a
13 fee to cover the administrative cost associated with the
14 collection of delinquent taxes. Such fee shall be in addition to
15 all penalties and interests, and shall be in the amount of @
16 nt dollars .00 for taxes collected subsequent to
17 the filing of a warrant or taking other appropriate legal action
18 but prior to judgment, and in the amount of twenty-five
19 dollars .00 for taxes collected subsequent to
20 judgment.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia on the 9th day of July 1991.
23 CA-4329
24 \ordin\proposed\35-Oll.pro
25 R-1
DEPARTMEI@T
APPROVED AS TO LEGAL
SUFFICIENCY AND FO.IZM
CIrY ATTORNEY --
- 27 -
Item III-I.3.a.
CONSENT AGENDA ITEM # 34658
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $50,000 from Marine
Science Museum Enterprise Fund Retained Earnings to
the Marine Science Museum expansion (CIP 2-049).
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 AN ORDINANCE TO PROVIDE $500,000 TO THE MARINE SCIENCE
2 MUSEUM EXPANSION DESICN CIP PROJECT #3-002 BY BORROWING
3 $450,000 FROM RESORT STREETSCAPE IMPROVEMENTS CIP PROJECT
4 #2-049 AND APPROPRIATING $50,000 FROM MARINE SCIENCE muSEUM
5 ENTERPRISE FUND RETAINED EARNINGS
6 WHEREAS, the City has developed CIP Project #3-002 Marine Science Museum
7 Expansion Design to provide for the schematic designs, preliminary cost
8 estimates, artist renderings and models, and architectural design plans for the
9 expansion of the present facility;
10 WHEREAS, the conceptual design phase has been completed for the
11 construction a 121,000 square foot facility sites;
12 WHEREAS, it is estimated that $500,000 is required to provide a continuum
13 of design, and to maintain the schedule of the preliminary project activities;
14 WHEREAS, $450,000 is available by borrowing from the Resort Streetscape
15 Improvements CIP Project #2-049 without decrementing the project's current scope
16 or schedule, and the remaining balance of $50, 000 be appropriated from the Marine
17 Science Museum's Enterprise Fund Retained Earnings.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH,
19 VIRCINIA, that $500,000 be provided to the Marine Science Museum Expansion CIP
20 Project #3-002 for the continuation of building and exhibits design;
21 BE IT FURTHER ORDAINED that $450,000 be provided by borrowing funds from
22 the Resort Streetscape Improvements CIP Project #2-049 and that the remaining
23 $50,000 be appropriated from the Marine Science Museum Enterprise Fund Retained
24 Earnings.
25 ADOPTED THE 9 DAY OF 1991, BY THE CITY COUNCIL OF VIRGINIA
26 BEACH, VIRGINIA.
27 This ordinance shall be in effect from the date of its adoption.
28 First Reading: July 2, 1991
29 Second Reading:
co@
om
- 28 -
Item III-I.3.b.
CONSENT AGENDA ITEM # 34659
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $137,694 to the Sheriff's
Operating Budget re supplementing increased cost of
camera equipment and to cover overtime and uniform
expenses.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
2 $137,694 IN THE SHERIFF'S OPERATING BUDGET TO SUPPLEMENT
3 THE COST OF REPLACEMENT CAMERA EQUIPMENT AND TO COVER OVERTIME AND
4 UNIFORMS EXPENSES TO BE OFFSET BY AN INCREASE IN ESTIMATED REVENUE
5 WHEREAS, the Sheriff's Office is responsible for the welfare of all inmates
6 confined in the City of Virginia Beach Correctional Facility;
7 WHEREAS, the Sheriff's Office is projecting an additional $118,894 in
8 revenue received for housing federal prisoners and $18,800 in additional grant
9 revenue;
10 WHEREAS, the additional revenues totaling $137,694 will be used by the
11 Sheriff's Office to fund overtime, uniforms, and to supplement the increased cost
12 of replacement camera equipment.
13 NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA, that funds in the amount of $137,694 be appropriated in the
15 Sheriff's Operating Budget to supplement the increased cost of camera equipment
16 and to cover overtime and uniforms expenses.
17 BE IT FURTHER ORDAINED, that estimated revenues from the federal government
18 be increased by $137,694.
19 Adopted by the Council of the City of Virginia Beach, Virginia, this
20 9 day of July 1 1991.
21 This ordinance shall be in effect from the date of its adoption.
22 First Reading: 2 July 1991
23 Second Reading: 9 July 1991
WMF- OF SUDG*T
;kPPPOVED AS TO
LEG@FFICIENCY
- 29 -
Item III-I.3.c.
CONSENT AGENDA ITEM # 34660
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED, upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $5,757 Grant
from the U. S. Department of Education to the FY
1991-1992 Operating Budget of the Library
Department re purchase of computer software for the
Adult Learning Center.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $5,757 GRANT
2 FROM THE U.S. DEPARTMENT OF EDUCATION TO THE
3 FY 1991-92 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
4 TO PURCHASE COMPUTER SOFTWARE FOR THE ADULT LEARNING CENTER
5 WHEREAS, the Library Department in a joint literacy project with the
6 Friends of the Virginia Beach Public Library, the Virginia Beach Public Schools,
7 and the City of Virginia Beach Human Services Departments in March 1990
8 established a special classroom at the Adult Learning Center which offers
9 computerized literacy training to adults who read and write below a sixth grade
10 level;
11 WHEREAS, the use of the special Principles of the Alphabet Literacy System
12 classroom could be expanded to provide additional computerized reinforcement and
13 remedial programs to Adult Basic Education students during the hours when
14 literacy classes are not in session;
15 WHEREAS, the Library Department has applied for and been approved for
16 $5,757 from the U. S. Department of Education to purchase computer software which
17 will provide extra remedial and reinforcement programs for Adult Basic Education
18 students struggling to become literate.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that a grant of $5,757 from the U. S. Department of Education
21 be accepted and appropriated to the FY 1991-92 Operating Budget of the Library
22 Department to purchase software for the Adult Learning Center;
23 BE IT FURTHER ORDAINED that estimated revenues from the Federal Government
24 be increased by $5,757.
25
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted the 9 day of July
1991, by the Council of the City of
28 Virginia Beach, Virginia.
29 First Reading: July 2, 1991
30 Second Reading: July 9, 1991
A310
-@ALTI
(we
- 30 -
Item III-I.4.
CONSENT AGENDA ITEM # 34661
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED, upo. FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $9,005 Grant
awarded by the State Department of Historic
Resources; and, TRANSFER $7,539 from the FY 1991-
1992 Reserve for Contingencies to the Department of
Planning re citywide historical and architectural
surveys.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 ORDINANCE
2 WHEREAS, a partial inventory of historic structures, listing 361
3 structures of historic importance, was completed by City Staff this inventory
4 does not meet State and Federal Btandards for historic and architectural surveys;
5 WHEREAS, the State Department of Historic Resources has awarded the
6 City a $9,005 grant to allow the inventory to be brought up to State and Federal
7 standards;
8 WHEREAS, this grant requires the City to match the state funds dollar
9 for dollar and the City proposes to accomplish this by pro@iding a cash match
10 of $7,539 and an "in-kind" services match of $1,466;
11 WHEREAS, as a part of this grant the city will hire a part-time grant
12 position (Architectural Historian) to conduct the architectural survey.
13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that estimated Revenues from the Commonwealth be
15 increased by $9,005 to reflect the appropriation of the Historic Resources grant
16 and that $7,539 be transferred from the FY 1991-1992 Operating Budget's Reserve
17 for Contingencies to the Planning Department for the purposes of providing the
18 required match.
19 This ordinance shall be effective from the day of its adoption.
20 Adopted on this day 1991.
FIRST READING: July 9, 1991
- 31 -
Item III-I.5.
CONSENT AGENDA ITEM # 34662
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance to charge-off $405,036.61 of accounts
receivable as uncollectible accounts; and, TRANSFER
$111,073 from within FY 1990-1991 Operating Budget
to charge-off the refundable grants for the
Shakespeare By-The-Sea program and the 1989 First
Night Virginia Beach Program.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
AN ORDINANCE TO CHARGE-OFF
DELINQUENT ACCOUNTS AND TO
TRANSFER $111,073 TO CHARGE-OFF
CERTAIN GRANTS
WHEREAS, it is standard accounting procedure to allow for
a charge-off of uncollectible accounts, and
WHEREAS, an earnest and diligent effort has been made by
city departments to collect their overdue accounts, and
WHEREAS, the following accounts which total $405,036.61
are deemed to be uncollectible:
Public Utilities:
FY85-86 Water Usage/
Sewer Maintenance Bills $226,395.77
Invoices for Services and Inspections 36,015.28
Public Works:
Refuse Disposal 15,315.65
Highways 8,470.29
Police:
False Alarms 5,400.00
Animal Control 424.00
Data Processing: 1,241.65
Planning: 550.00
Purchasing: 146.65
office of Research & Strategic Analysis: 4.32
Shakespeare By-The-Sea Festival Foundation:
Shakespeare By-The-Sea Program 63,073.00
Virginia Beach Events Unlimited, Inc.:
1989 First Night Virginia Beach Program 48,000.00
Total Amount to be Charged-off $405,036.61
NOTE: The individual invoices are available for City Council
Review.
WHEREAS, of the above total the grants for the
Shakespeare By-The-Sea prograrn and the 1989 First Night virginia
Beach progran require an appropriation since the receivables are
part of the city's accounting records and an allowance for bad debt
is not established.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that $405,036.61 of accounts receivable as
represented above be charged-off as uncollectible accounts as of
June 30, 1991.
BE IT FURTHER ORDAINED that funds of $111,073 be
transferred from within the FY 1990-91 Operating Budget to charge-
off the grants for the Shakespeare By-The-Sea program and the 1989
First Night Virginia Beach Program.
Adopted by the City Council of the City of Virginia
Beach, Virginia on the 9 day of July 1990.
- 32 -
Item III-I.6.
CONSENT AGENDA ITEM # 34663
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$12,956.94 upon application of certain persons and
upon certification of the City Treasurer for
payment.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
FORM NO. C.A. 7 6/24/91 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 I nt. Total
Year of Tax Number tion No. Paid
Joyce A. & William Pryor 89 RE(1/2) 90528-8 12/5/88 9.22
Joyce A. & William Pryor 89 RE(2/2) 90528-8 5/24/89 9.22
Joyce A. & William Pryor 90 RE(1/2) 91623-7 11/29/89 9.85
Joyce A. & William Pryor 90 RE(2/2) 91623-7 5/29/90 9.85
Joyce A. & William Pryor 91 1DIE(1/2) 92357-6 12/5/90 10.41
Atlantic Permanent FSE.-B 91 RE(2/2) 9000050 5/13/91 2,545.02
Atlantic Permanent FS@!B 91 RE(2/2) 129326-4 6/5/91 2,550.20
Lemuel J. Harris et al 91 RE(1/2) 48120-4 10/25/90 6.40
Exxon Corp 91 RE(1/2) 34760-9 11/26/90 317.86
Standard Federal S&L 91 RE(1/2) 121151-1 11/26/90 40.45
Burlage Associates 91 RE(1/2) 15687-8 12/5/90 944.58
George E. Langley 91 RE(1/2) 64798-2 11/21/90 7.43
Robert E. Steinhilber 91 RE(1/2) 109700-2 12/5/0@O 108.05
Farm & Home Savings Assoc 91 RE(1/2) 96612-8 11/26/90 42.26
First Alabama R. E. Financing 91 RE(1/2) 80480-1 11/20/90 14.86
David Sutelan & @l. Levinson 01 RE(1/2) 111716-n 12/5/91) 341.77
Hilltop Plaza Ltd Partnership 91 RE(1/2) 51325-1 3/14/91 4,367.68
Kenneth A & Doris Angyal 91 RE(1/2) 2816-0 11/30/90 21.47
Kenneth A & Doris Angyal 90 RE(1/2) 2902-6 11/28/89 24.07
Kenneth A & Doris Angyal 90 RE(2/2) 2902-6 5/15/90 24.07
Atlantic Permanent FSB 91 RE(1/2) 26272-6 12/5/90 59.83
Tidewater Imports Inc 91 RE(1/2) 114839-6 12/4/90 16.8F
First Union @lortgage Corp 91 RE(1/2) 22476-9 11/26/90, 40.43
Homestead Savings 91 RE(1/2) 19903-8 11.12619r) 25.80
Virginia Beach Federal 91 RE(1/2) 123649-7 12/3/90 14.71
Suburban Grading & Utilities 91 RE(1/2) 79029-1 12/5/90 255.94
Carteret Savings Bank 91 RE(1/2) 109634-3 12/5/90 16.77
Jean M. ililson 91 RE(12/) 125230-7 11/23/90 129.00
Columbia First Federal S8!L 01 RE(1/2) 21090-7 12/5/90 46.98
Independence One Mortgage 91 RE(1/2) 26238-9 11/26/90 38.70
Cobo Corp. 91 RE(1/2) 21909-8 11/8/90 19.09
Life Savings Bank 91 RE(1/2) 70022-7 12/5/90 12.08
NVR Mortaage 91 RE(1/2) 20689-6 1/18/91 48.59
Cenit Equity Company 91 RE(1/2) 111058-6 12/5/90 361.37
JEM Investments 91 RE(1/2) 55565-1 11/30/90 468.27
Total 12,95F.94
This ordinance shall be effective from date of adoption.
The above gbvgment(s) totaling to pay
$12,95 were approved by
C
the Council of @he City of Vi
9 1991
Beach on the--day of A -
John Atkinson, Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
Les@ie @. Lilley, City AWo-r
- 33 -
Item III-J.1.
APPOINTMENTS ITEM # 34664
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council:
RE-ESTABLISHED the Advertising Advisory Review
Committee. The committee will dissolve immediately
upon completion of its task.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 34 -
Item III-J.2.
APPOINTMENTS ITEM # 34665
Upo,, NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
ADVERTISING ADVISORY REVIEW COMKITREE
Thomas A. Barton Jr. David Pender III
Macon F. Brock, Jr. James B. Ricketts
W. Andrew Burke Daniel N. Ryan, Sr.
Harold Heischober Linda H. Scanlan
Thomas J. Lyons, Jr. J. Robert Stiffler
Reba S. McClanan David H. Stovall
Thomas B. Matthews
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 35 -
Item III-J.3.
APPOINTMENTS ITEM # 34666
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
COMMUNITY SERVICES BOARD
Donald V. Jellig
Unexpired term through 12/31/93
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 36 -
Item III-J.4.
APPOINTMENTS ITEM # 34667
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council CONFIRMED:
SUMMER EVENTS LIAISON C " ITREE
Tim Jackson R. Angel Morales
Helen Shropshire Flo McDaniel
William J. Dale Mary Redd
Chris Romero Sara Friend
Co-Chairs: Olivia Dabney
Michael J. Barrett
The first meeting is SCHEDULED for Tuesday, July 9, 1991, at 8:00 P.M. in the
Strawbridge Elementary School.
Voting: 8-1
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, Mayor Meyera E. Oberndorf
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 37 -
Item III-K.I.
UNFINISIIED BUSINESS ITEM # 34668
ADD-ON
Herbert E. Wittersheim, 4752 Kempsville Greens Parkway, Co-President of
Kempsville Greens Civic League, spoke relative concerns of Kempsville Greens
Golf Course. Mr. Wittersheim's statement in OPPOSITION to the temporary
netting on the 13th Fairway is hereby made a part of the record. The majority
of the property owners, ninety-eight percent (98%), do not wish netting on
the 13th Fairway. Mr. Wittersheim distributed photographs of the area which
are hereby made a part of the record.
Wendell White, Realtor and resident of Kempsville Greens, effected by the
netting. Mr. White was in OPPOSITION to the temporary netting.
Henry Kuzminski, 4752 Open Greens Road, advised the poles commence three or
four feet behind his residence. Mr. Kuzminski was in OPPOSITION to the
temporary netting.
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council
APPROVED re KEMPSVILLE GREENS GOLF COURSE:
Moving the netting to a position in front of the
trees (closest to the Fairway) with an entrance way
through the netting to allow the golfers access
from the cart path to the Greens; and, AUTHORIZED
the redesign and alteration of the 13th Fairway.
This netting construction shall be temporary and
removed upon completion of the 13th Fairway.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones
and William D. Sessoms, Jr.
Council Members Voting Nay:
Paul J. Lanteigne, Reba S. McClanan and Mayor Meyera
E. Oberndorf
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 38 -
Item Ill-K.2.
UNFINISHED BUSINESS ITEM # 34669
ADD-ON
Counc 1 1 man Lante 1 gne ref erenced correspondence of May 22, 1 991 , regard 1 ng the
Health Care Evaluation Committee from Rick Berry, Assistant Purchasing Agent to
Gi les Dodd, Assistant City Manager for Internal Services. This correspondence
advised an outside Consultant was employed to provide technical advice in
implementing a City Health Care Plan commencing January 1, 1992.
Other correspondence forwarded to Councilwoman McCianan with a copy to all
members of City Council, dated January 17, 1991, reflected the State Lc>cal
Choice Plan. The City Staff would request premium rates for the City of
Virginia Beach.
The City Manager advised proposal and rate quotes have been sought from the
State. Other options available have been investigated. This evaluation will be
made available to City Council for their review.
Councilwoman McClanan expressed concern relative the Consultant as an
additional Staff person had been employed which she believed was in lieu of the
Consultant.
The City Manager will provide information.
- 39 -
Item Ill-L.I.a-
NEW BUSINESS ITEM # 34670
Wi II i am J. Greene, Presi dent - Kempsvitle True Value Hardware, 5226 In di an
River Road, Phone: 495-1023, relative obtaining relief from overly restrictive
State Health Department Regulation on Class IV (irrigation wells/non drinking
water wells).
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED, as REVISED:
Resolution requesting the State Board of Health
promulgate new regulations re private wel Is used
tor Irrigation.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 A RESOLUTION REQUESTING THE STATE BOARD OF
2 HEALTH TO PROMULR-ATE NEW REGULATIONS
3 CONCERNING PRIVATE WELLS USED FOR IRRIGATIOM
4 WHEREAS, the State Board of Health has promulgated
5 regulations requiring, among other things, that private wells
6 conform to certain setback requirements; and
7 WHEREAS, one such requirement is that any private well
8 must be set back no less than twenty-five (25) feet from a
9 foundation treated with pesticide; and
10 WHEREAS, citizens wishing to install private wells are
11 required to undergo a lengthy permitting process; and
12 WHEREAS, the permitting process and setback requirements
13 have had the result of imposing hardships on many citizens,
14 especially those with small lots; and
15 WHEREAS, during times of restriction of the public water
16 supply, such hardships are exacerbated;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the State Board of Health be, and hereby is,
20 requested to promulgate new regulations reducing the setback
21 requirement for wells used for irrigation from twenty-five (25)
22 feet to ten (10) feet from treated foundations on small lots, and
23 to promulgate regulations allowing the issuance of a permit to
24 install a private well upon the filing of an application and site
25 plan, subject to later inspection and final approval.
26 The City Clerk is hereby directed to forward a certified
27 copy of this resolution to the State Board of Health.
28 Adopted by the City Council of the City of Virginia Beach on
29 the 9 day of July 1991.
30 CA-91-4339
31 \ordres\well.res
32 R-2
- 40 -
Item Ill-L.l.b-
NEW BUSINESS ITEM # 34671
Upon motion by Counci Iman Jones, seconded by Vice Mayor Fentress, City Counci I
ADOPTED:
Resolution directing the City Manager bring forth
certain recommendation5 when presenting the Capital
Improvements Project Budget.
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, Mayor
Meyera E. Oberndort and William D. Se5soms, Jr.
Council Member5 Voting Nay:
None
Councii Members Absent:
Harold Heischober and Nancy K. Parker
1 RESOLUTION TO DIRECT THE CITY MHNAGER TO
2 BRING FORTH CERTAIN RECOMMENDATIONS WHEN
3 PRESENTING THE CAPITAL IMPROVEMENTS PROJECT
4 BUDGET -
5 Whereas, the City Manager has requested the City's
6 Financial Advisors, Government Finance Research Center and
7 Government Finance Associates, to revise the October 23, 1990 Debt
8 Capacity Study to reflect actual and proposed changes to the City's
9 borrowing plans and More conservative assumptions concerning
10 Population and economic growth in Virginia Beach over the next five
11 years;
12 Whereas, the Financial Advisors have made the revisions
13 to that Study and presented those revisions to Council on June 25,
14 1991; and
15 Whereas, it is necessary to be fully advised of the
16 effect that debt service will have on the city in the future;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH:
19 That the City Manager is hereby directed as part of his
20 Presentation on the capital Improvements Project Budget, to bring
21 forth certain alternatives based upon certain annual growth
22 assumptions that were presented in the Update of 1990 Debt Capacity
23 Report as follows:
24 A. Borrowing plan alternatives based upon the extension of
25 the current Capital Improvement Projects Budget;
26 B. Borrowing plan alternatives based upon the ann,al
27 moderate growth assessed valuation assumption;
28 C. Borrowing plan alternatives based upon cutting
29 $200,000,000 from the full borrowing plan as presented
30 in the report.
31 Adopt@d by the coun-; I of the City of Virginia Beach, Virginia
32 on the _ day of y 1991.
33 CA-4334
4 7/1/91
5 DEBT.RES
6 R-3
- 41 -
Item III-L.I.c.
NEW BUSINESS ITEM # 34672
Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution to restrict an increase in debt service.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 RESOLUTION TO RESTRICT AN INCREASE IN
2 DEBT SERVICE FROM BEING INCURRED EXCEPT
3 FOR CERTAIN PROJECTS
4 Whereas, the City Manager has requested the City's
5 Financial Advisors, Government Finance Research Center and
6 Government Finance Associates, to revise the October 23, 1990 Debt
7 Capacity Study to reflect actual and proposed changes to the
8 City's borrowing plans and more conservative assumptions
9 concerning population and economic growth in Virginia Beach over
10 the next five years;
11 Whereas, the Financial Advisors have made the revisions
12 to that Study and presented those revisions to Council on June 25,
13 1991; and
14 Whereas, to enhance the City's ability to finance the
15 annual debt service a reduced borrowing plan should be
16 implemented;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
is CITY OF VIRGINIA BEACH:
19 That there will be no increase in the City's annual debt
20 service for Fiscal Year 92/93 for purposes other than those where:
21 A. It is necessary to meet obligations created by on-going
22 projects and bonds currently authorized, appropriated
23 and unissued.
24 B. There is special dedicated tax funding; or
25 C. The project is to be funded through enterprise fund debt
26 service.
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia on the - 9 day of July 1991.
29 CA-4333
30 7/1/91
31 DEBT-2.RES
32 R-2
- 42 -
Item III-L.l.d.
NEW BUSINESS ITEM # 34673
Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-114 of
the Code of the City of Virginia Beach, Virginia,
re restrictions on launching, landing, parking or
stationing recreational vessels in certain areas.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-114 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
BEACHES AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-114 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 6-114. Restrictions on launching, landing, parking or
11 stationing recreational vessels in certain areas.
12 (a) It shall be unlawful for any person to launch or land a
13 sailboat, motor boat, canoe, rowboat, flatboat, kayak, umiak, scull
14 or any other similar recreational vessel on the beach area north
15 of Rudee Inlet to the center line of 42nd Street prolongated
16 eastward, between Memorial Day Weekend and Labor Day Weekend
17 between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00
18 a.m. and 6:00 p.m. weekends and holidays. For purposes of this
19 section, Memorial Day Weekend shall be deemed to commence at 6:00
20 p.m. the Friday before Memorial Day and Labor Day Weekend shall be
21 deemed to end at 6:00 p.m. Labor Day.
22 (b) It shall be unlawful for any person to park or station
23 a sailboat, motor boat, canoe, rowboat, flatboat, kayak, umiak,
24 scull or other similar recreational vessel on the beach area north
25 of Rudee Inlet to the center line of 42nd Street prolongated
26 eastward, with the following exceptions:
27 (1) In an emergency;
28 (2) With an approved race or regatta permit; or
29 (3) In the process of launching or landing a vessel specified
30 above in the areas and during the time periods permitted
31 in subsection (a) of this section.
32 (c) It shall be unlawful for any person to launch, land, park
33 or station a motor boat on the beach between the area north of the
34 center line of 42nd Street prolongated eastward and the southern
35 boundary line of Fort Story, except in an emergency or with an
36 approved race or regatta permit.
37 (d) It shall be unlawful for any person to launch, land, park
38 or station a sailboat on the beach between the area north of the
39 center line of 42nd Street prolongated eastward and the southern
40 boundary line of Fort Story without a permit from the city manager,
41 with the following exceptions:
42 (1) In an emergency; or
43 (2) With an approved race or regatta permit.
44 (e) Permits will be issued by the City manager for sailboats
45 to be launched, landed, parked or stationed on the beach between
46 the area north of the center line of 42nd Street prolongated
47 eastward and the southern boundary line of Fort Story under the
48 following conditions:
49 (1) The permit to be issued on a first come first serve basis
50 subject to subsections (i) and (j) of this section.
51 (2) The city manager shall limit the number of permits to
52 four (4) sailboats per block between the area north of
53 the center line of 42nd Street prolongated eastward and
54 the center line of 57th Street prolongated eastward;
55 seven (7) sailboats per block between the area north of
56 the center line of 57th Street prolongated eastward and
57 the center line of 77th Street prolongated eastward, and
58 twelve (12) sailboats per block between the area north
59 of the center line of 77th Street prolongated eastward
60 to the southern boundary line of Fort Story.
61 (3) A sailboat having a valid permit under this subsection
62 may be launched, landed, parked or stationed on the beach
63 area in front of any block between 42nd Street and Fort
64 Story as long as the maximum number, as set forth in (2)
65 above is not exceeded. If the maxiinum number as set
66 forth in (2) above is exceeded, then the sailboat that
67 does not have a permit for that particular block shall
68 be in violation of this section.
2
69 (4) Permits are valid only for the month of March through the
70 month of October for the year in which the permit was
71 issued.
72 (5) Permits must be renewed annually.
73 (6) The annual permit fee shall be thirty dollars ($30.00)
74 for residents of the city and ninety dollars ($90.00) for
75 nonresidents. The city manager is authorized to
76 establish dates of issuance for such permits for
77 residents and nonresidents.
78 (7) There shall be no parking or stationing of sailboats on
79 the sand dunes or in front of access points or street
so ends.
81 (8) No anchors shall be driven in the beach to secure
82 sailboats, unless approved by the director of the
83 department of public works as to type, size and location.
84 (9) No sailboats shall be secured to lawful fixtures or
85 structures on the beach.
86 (10) The permits shall be placed on the outside port (left)
87 bow of the sailboat.
88 (11) Permits are nontransferable.
89 (f) It shall be unlawful for any person to launch or land any
90 sailboat, motor boat, motorized personal water craft or any other
91 motorized recreational vessel on the beaches extending south of
92 Fleet Combat Training Center Dam Neck to the southern boundary of
93 Little Island Park during the season from 6:00 p.m. on the Friday
94 before Memorial Day Weekend through 6:00 p.m. on the Monday
95 following Labor Day Weekend, between the hours of 10:00 a.m. and
96 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and
97 holidays, except as hereafter provided:
98 (1) Water craft may be launched or landed in an emergency or
99 for law enforcement purposes.
100 (2) Water craft may be launched and landed at any time from
101 the beach commencing at the southern boundary of Little
102 Island Park, extending four hundred (400) feet north.
3
103 (3) Commercial fishing boats operating from the beaches bY
104 permission of the virginia Division of Parks and
105 Recreation shall be exempt from the restrictions of this
106 article.
107 (g) Any police officer of the City of Virginia Beach is
108 hereby authorized to remove and impound or have removed and
109 impounded any vessel which appears to be in violation of this
110 section of which is lost, stolen, abandoned or unclaimed. In
ill addition to the fine imposed for a violation of this section, such
112 vessel shall be removed and impounded at the owner's expense until
113 lawfully claimed or disposed of.
114 (h) Any person who shall violate any of the. provisions of
115 this section shall be guilty of a Class 4 misdemeanor.
116 (i) If any person holding a permit under this section has
117 three (3) or more convictions, or findings of not innocent in the
118 case of a juvenile, of violating this section or section 6-115
119 within the permit period, the city manager shall revoke that
12 0 person's permit. That person shall not be eligible for another
121 permit for the same permit period.
122 (j) Any person who has six (6) or more convictions, or
123 findings of not innocent in the case of a juvenile, of violating
124 this section or section 6-115 within any two (2) year period shall
125 not be issued a permit by the city manager under this section for
126 the next two (2) years.
127 Adopted by the Council of the City of virginia Beach, Virginia
128 on the 9th day of July 1991.
129 CA-4336
130 \ordin\proposed\06-114.pro
131 R-1
4
- 43 -
Item III-L.l.e.
NEW BUSINESS ITEM # 34674
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution requesting the Congress of the United
States to enact a Surface Transportation Act that
provides the ultimate amount of flexibility to
States and localities for transportation funding.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
RESOLUTION REQUESTED BY COUNCILMAN SESSOMS.
RESOLUTION REQUESTING THE CONGRESS OF THE
UNITED STATES TO PASS A SURFACE TRANSPORTATION
ACT THAT PROVIDES THE ULTIMATE AMOUNT OF
FLEXIBILITY TO STATES AND LOCALITIES FOR
TRANSPORTATION FUNDING.
S, the efficient movement of people, goods, and
services is vital to maintain America's competitiveness into the
21st Century; and
WHEREAS, the majority of these people, goods, and
services move on the highways of this nation; and
S, the Surface Transportation Act, which
distributes funds from the Federal goverrunent to the various
states, is being considered for reauthorization by Congress at this
time; and
WHEREAS, this reauthorization will probably produce the
most far reaching changes to the Federal goverrlment's participation
in road and transit funding in the last 30 years; and
WHEREAS, funds in the Highway Trust Fund have not been
used for their intended purpose; and
WHEREAS, transportation funding needs are different
throughout the nation.
NOW THEREFORE BE IT RESOLVED by the Council of the City
of Virginia Beach that Congress is requested to reauthorize the
Surface Transportation Act; and
BE IT FURTHER RESOLVED that this reauthorization include
the spending down of the fund balance in the Highway Trust Fund and
that those funds be allocated to the States based on their
contributions to the Highway Trust Fund; and
BE IT FURTHER RESOLVED that Congress consider the varying
needs of different regions throughout the country and allow the
greatest amount of flexibility possible for the various States and
regions to address their surface transportation needs; and
BE IT FURTHER RESOLVED that this flexibility not be
accompanied by loss in funding to the various States and
localities; and
BE IT FURTHER RESOLVED that the Clerk of the Council of
the City of Virginia Beach is requested to provide a copy of this
resolution to the Congressional delegation from the Commonwealth
of Virginia, the Governor, and to the Secretary of Transportation
for Virginia.
Resolved by the Council of the City of Virginia Beach on
9 day of July 1991.
- 44 -
Item III-L.I.f.
NEW BUSINESS ITEM # 34675
ADD-ON
Michael Barrett, Chief Executive Officer, The Runnymede Corporation, advised if
the issue of inclusion in the Master Street and Highway Plan can be addressed
rather than the Street Closure, the Corporation would be willing to follow
this procedure.
A MOTION was made by Councilman Baum to SCHEDULE, for RECONSIDERATION, the
DENIAL of the Ordinance upon application of THE RUNNYMEDE CORPORATION for the
discontinuance, closure and abandonment of a portion of Cleveland Street
(7/2/91). MOTION FAILED for LACK OF A SECOND.
Councilman Jones advised if the City Council does not believe this Street will
ever be built, then consideration should be given as to whether this Street
should be removed from the Master Street and Highway Plan.
BY CONCENSUS, City Council requested the City Manager:
Review the Master Street and Highway Plan as it
relates to the portion of Cleveland Street
requested for closure by the Runnymede Corporation.
- 45 -
Item
NEW BUSINESS ITEM # 34676
ADD-ON
The City Manager will SCHEDULE a JOINT CITY COUNCIL/PLANNING COMMISSION
WORKSHOP for a Presentation by Dr. R. Wayne Skaggs, Professor of Agriculture
and Biological Engineering - North Carolina State University, concerning water
management.
- 46 -
Item III-L.I.h.
NEW BUSINESS ITEM # 34677
ADD-ON
Concerning the renaming of Old Pungo Ferry Road, Councilman Lanteigne is
working with citizens.
- 47 -
Item III-M.l.
RECESS INTO ITEM # 34678
EXECUTIVE SESSION
ADD-ON
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EX=IVE SESSION (5:42 P.M.), pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Personnel: City Manager's Position.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed into EXECffIVE SESSION.
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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Harold Heischober and Nancy K. Parker
- 48 -
Item III-N.l.
RECONVENE FORMAL SESSION ITEM # 34679
Mayor Meyera E. Obernd,rf RFCONVENED the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 9,
1991, at 6:45 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober and Nancy K. Parker
- 49 -
Item III-0.1.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34680
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 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, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Nancy K. Parker
41,
#ttoolutiott -
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 # 34678,
Page No. 47 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.
R@h HodgesSmith, CMC/AAE
City Clerk July 9, 1991
- 50 -
Ttem III-P.l-
SPECIAL SESSION ITEM # 34681
Mayor Oberndorf ANNOUNCED a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL
will be held in the Council Chamber, City Hall Building on Thursday, July 11,
1991, at 3:00 P.M. to consider the process for the selection of a City Manager.
- 51 -
Item III-Q.1.
ADJOURNMENT ITEM # 34682
Upon motion by Councilman Heischober, and BY CONSENSUS, City Council ADJOURNED
the Meeting at 6:50 P.M.
Bevern 0. Hooks, CMC
Chief Deputy City Clerk
-Kuth HodgesSmith, CMC/AAE m4@ e
City Clerk Mayor
City of Virginia Beach
Virginia