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HomeMy WebLinkAboutJULY 2, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYE@ E. OBERN@RF, Al VICE MAYOR ROBERT E FENT@SS, Vi,i@i@ B,-h @lh JOHN A @UM, Bi.,k..', @ ..h ]"ES W BRAZIER, JR, L,@,h@-@ @,h R08ERT W CLYBUM, K,.,-iii, HAROU) ITEI@:HOBER Al-L.,, LOUIS R JONES, B,@id, @,,h PAUL j @7 EIGNE, N@,@ &,-Ih REBA S MX@N@ @i-@ A@@, @@@,h N@(:Y K PARKER Al L@,, WILLIAM D. SK@OMS, JR, Al @,11 281 CITY HALL BUIIJ)ING CITY COUNCIL AGENDA MUNI(I)PAL CEN I'ER AUBREY WATTS, JR (,i, M,,@,- VIR(;INIABFA(.11 ViRC;INIA23456-9(@5 USI@IE L LIU-EY, Ci, A@@@@, (804) 427.4@103 RU7 IT HODGES SMITH CMCIAAE, C,, Clk JULY 2, 1991 ITEM 1. INFORMAL SESSION - Council Chamber - 12: NOON A. CALL TO ORDER Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 11. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend James L. Mahaffey Salem United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 25, 1991 G. t4AYORIS PRESENTATION 1. FORD MOTOR FUND a. Virginia Marine Science Museum b. Francis Land House H. COUNCIL COMMITTEE REPORT 1. PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE Stephen S. Mansfield, Ph.D., Coordinator 1. PUBLIC HEARING 1. ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY J. ORDINANCES/RESOLUTION 1. Ordinance to AMEND and REORDAIN Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach, Virginia, establishing election districts and voting places within the City. 2. Ordinances re Princess Anne Road and Sandbridge Road Intersection Improvements (CIP 2-816) (Deterred May 14/June 4, 1991): a. Authorize the City Manager to TRANSFER $173,000 from Flanagan's Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to fund traf f I csafety Improvements at Princess Anne and Sandbridge Roads. b. Authorize acquisition of property in fee simple for right-of- way for Princess Anne and Sandbridge Roads Intersection improvements (CIP 2-816); and acquisition of temporary and permanent easements of right-ot-way, either by agreement or condemnatlon. 3. Resolution accepting the Virginia Beach Central Business District Master Plan concept for development of the Pembroke Area; and, referring the Plan to the Planning Commission for its recommendations as to implementation. K. PUBLIC HEARING 1. PLANNING a. Application of BETTY B. NOSAY for a Conditional Use Permit for a In the AG-2 Agricultural istrict on th ass Anne Road, 2455 feet South of South Stowe Road (931 Princess Anne Road), containing 1.527 acres (PUNGO BOROUGH). Recommendation: APPROVAL b. Application of TANK LINES INC., d/b/a PAPCO OIL CO. for a Conditional Use Permit for a expansion ot a gwsoii-ne service s 0 Euclid Road (4920 Southern Boulevard), containing 1.646 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of BAYMARK CONSTRUCT I ON CORPORATION for a Cond !one mit for a borrow pit on the Northeast side it I Use Per less of Hol and Road beginning at point 540 feet more or Northwest of Christopher Farms Drive, containing 53.2 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Petition of THE RUNNYMEDE CORPORATION for the discontinuance, clc onment of a portion of Cleveland treat beg feet more or less W of Clearfield Avenue and runnir In a Westerly direction a distance of 620 feet more c less, containing 35,882 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL a. Application of D. M. MALBON to authorize expansion of a nonconforming use for a bulk storage yard on the South side of 18th Street, 125-10 feet West of Arctic Avenue on portions of Lots 6, 8 and 10, Block 29, containing 14,373.80 square feet (VIRGINIA BEACH BOROUGH) Staff Recommendation: DENIAL f. Applications of WILLIAM DRINKWATER re Lot 2 and 112 of Lot 4, Block 55, Virginia Beach Development Co. (500 23rd Street), containing 7150 square feet (VIRGINIA BEACH BOROUGH): Chan strict Classification from R-5D Residential Du strict; AND, Conditional Use Permit for a law office. Recommendation: DENIAL g. Application of R. G. MOORE BUILDING CORPORATION for a modification to the Ocean Lakes Master Plan to allow an ast side of Neck Road, Recommendation: DENIAL L. CONSENT AGENDA All matters listed under the Consent Agenda are considered In the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an Item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Request by the School Administration to modify Ferrell Parkway Phase V Project re provision of an additional entrance and median break to Kellam High School. 2. Ordinance to AMEND and REORDAIN Section 23-60 of the Code of the City of Virginia Beach, Virginia, re vending machines on private property. 3. Ordinances, upon SECOND READING, to APPROPRIATE re FY 1991-1992 School Budget Funds: a. Cafeteria Enterprise $13,531,790 b. Grants $10,502,760 c. Textbook $ 2,490,900 d. Athletic $ 302,680 4. Ordinance, upon FIRST READING, to provide $500,000 to the Marine Science Museum Expansion (CIP 3-002) re continuation of bu I I ding and exhibits design by borrowing $450,000 from Resort Streetscape improvements (CIP 2-049); and, APPROPRIATE $50,000 from Marine Science Museum Enterprise Fund Retained Earnings. 5. Ordinance, upon FIRST READING, to APPROPRIATE $137,694 to the Sheriff's Operating Budget re supplementing increased cost of camera equipment and to cover overtime and uniforms expenses; and, Increase estimated revenues from the Federal Government by $137,694. 6. Ordinance, upon FIRST READING, 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; and, increase estimated revenues from the Federal Government by $5,757. M. UNFINISHED BUSINESS N. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution supporting the Hampton Roads Philippine - American community disaster relief effort for 14t. Pinatubo victims. Sponsored by: Councilman James W. Brazier, Jr. Councilman Harold Heischober 0. ADJOURNMENT CITY COUNCIL RECESS July 10 - 31, 1991 6/27/91 gs M I N U I E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 2, 1991 Vice Mayor Robert E. Fentress called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 2, 1991, at 12:00 NOON. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf (ENTERED 12:15 P.M.) (Attending BEACH FORD TO DRAW MILITARY WINNER OF CAR/STAR SPANGLED SALUTE) Reba S. McClanan (ENTERED: 12:10 P.M.) William D. Sessoms, Jr. (ENTERED: 12:10 P.M.) - 2 - ITEM # 34602 Vice Mayor Robert E. Fentress entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: i. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates ior 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 Matters. 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of Property - Bayside Borough Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and Nancy K. Parker Council Members Voting Nay: None Council Members Absent Reba S. McClanan, Mayor Meyers E. Oberndorf and William D. Sessoms, Jr. - 3 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL July 2, 1991 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chamber, City Hall Building, on Tuesday, July 2, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend James L. Mahaffey Salem United Methodist Church PLEDGE OF 4 item II-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34603 Upon motion by Counci lman Baum, seconded by Vice Mayor Fentressp 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: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Itt lotnt4l, ilin - 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 # 34602, Page No. 2 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. Hodges @ith, CMC/AAE City Clerk July 2, 1991 5 Item 11-F.I. MINUTES ITEM # 34604 Upon motion by Counci iman Sessomsp seconded by Counci Iman Clyburn, City Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 25, 1991. Voting-. 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 6 item 11-F-2 ANNOUNCEMENT ITEM # 34605 Mayor Oberndorf recognized the fol lowing 13oy Scout in attendance during the City Council Session: TROOP # 944 Matthew Engelking Sponsor: Mormon Church Princess Anne Road Matthew was earning credits for his merit badge. 7 item 11-G.l.a/b. MAYORIS PRESENTATION FORD MOTOR FUND ITEM # 34606 Mayor Oberndorf presented to the City Manager, Aubrey V. Watts,.checks from the Ford Motor Company Fund to worthy entities. $1,000 - Francis Land House $2,000 - Virginia Marine Science Museum Two other checks had been awarded in the amount of $500 each to the Virginia Beach Arts Center and the Virginia Beach Pops. item II-G.2. ADD-ON CITY MANAGER'S RETIREMENT ITEM 34607 Aubrey V. Watts, Jr., the City Manager announced his retirement effective October 1, 1991. Since July 1963, the City Manager has had the opportunity and pleasure of participating in the maturation and growth of the City. The General Assembly has provided a window for early retirement and that is the reason for the timing of this action. The City Manager advised the greatest asset available to City Council is the well-motivated, ethical and professional staff of this City. Mr. Watts extended his appreciation to the City Council for the opportunity to serve as the City Manager. The City Manager distributed a copy of his letter, which is hereby made a part of the record. Having worked with other City Managers in the City, Mayor Oberndorf was convinced none have displayed a greater integrity, decency, intellect and devotion than Aubrey Watts. 9 Item II-H.l. COUNCIL COMMITTEE REPORT ITEM # 34608 PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE Dr. Stephen S. Mansfield, Coordinator - PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE, advised this week marks the mid-way point in the 1991 year-long observance of the TRICENTENNIAL of Princess Anne County. Dr. Mansfield extended appreciation on behalf of the PRINCESS ANNE COUNTY TRICENTENNIAL COMUTTEE to the Mayor and Members of City Council for their encouragement and support. There will be a tour of historic sites, three additional programs and a lecture series designed both to celebrate the history of the community and suggest the past provides a context for modern day decision making. During a week in September, all of the Schools in some fashion will be recognizing the TRICENTENNIAL. Dr. Mansfield presented a set of maps to the City of Virginia Beach, which have been prepared by Robert Clark and printed through the courtesy of the Christian Broadcasting Network. These maps identify historic sites in the County superimposed upon modern maps. One displays sites which would have been present in 1691, another in 1791 and a third focuses on 1891. - 10 - Item 11-1.1. PUBLIC HEARING ITEM # 34609 Mayor Oberndorf DECLARED a PUBLIC HEARING: ESTABLISH ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. Item II-J.1. ORDINANCES/RESOLUTION ITEM # 34610 Dr. Marlene Hagar, General Registrar, advised the national census of 1990 State-wide redistricting along with the City's general population growth prompted certain changes to the City's Precinct's Boundary Lines. On May 31, 1991, the Electoral Board of the City of Virginia Beach voted unanimously to create the following: four new precincts, twenty-seven boundary line-only changes, four boundary line and polling location changes, one boundary line with a name change and one polling location change only. These recommendations are brought to the City Council for APPROVAL and will be forwarded to the Department of Justice in Washington in accordance with the Voting Rights Act. The majority of changes are due to redistricting or the need to be consistent with the Census Bureau block and map changes. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 10, Sections 10.1 and 10.2 of the Code of the City of Virginia Beach, Virginia, establishing election districts and voting places within the City. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 10-1 AND 10-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That Sections 10-1 and 10-2 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Section 10-1. Establishment of election districts and voting places. There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: ELECTION DISTRICT VOTING PLACES Alanton Alanton Elementary School Aragona Adult Learning Center Arrowhead Arrowhead Elementary School Bayside Bayside Elementary School Bellamy Indian Lakes Elementary School Blackwater Blackwater Fire Station Bonney Center for Effective Learning Brandon Brandon Junior High School Cape Henry Research and Enlightenment Building (Edgar Cayce Librarv) Capps Shop P. A. Mosquito Control Building Centerville Lake Christe@ Centerville Elementary School Chesapeake Beach Bayside Baptist church College Park College Park Elementary School Courthouse Courthouse Fire Station Creeds Creeds Fire Station Davis Corner Bettie F. Williams Elementary School Fairfield Fairfield Elementary School ,4- St. Nicholas Catholic Church For_esr- Glenwood Glenwood Elemen chOOl Great Neck John - Francis Asbury Un t Church Green Run Green Run Elementary School Holland Holland Elementary School Homestead Providence Presbyterian Church Kempsville Point of View Elementary school Kings Grant Kings Grant Elementary School Kingston Kingston Elementary School Lake Smith Shelton Park School Larkspur St. Andrews United Methodist Church Linkhorn The Evangelical Lutheran Church of the Good shepherd Little Neck St. Aidan's Episcopal Church London Bridge London Bridge Baptist Church Lynnhaven Lynnhaven Colony United Church of Christ Magic Hollow Roma Lodge No. 254 Malibu Malibu Elementary School Meadows Pembroke Meadows Elementary School Mt. Trashmore Windsor Woods Elementary School Oceana Scott Memorial United Methodist Church Ocean Park Bayside Christian Church Old Donation old Donation Center for Gifted Pembroke Pembroke Meadows Elementary School Plaza Lynnhaven Elementary School Providence Kempsville Recreation Center Red Wing Fire Training Center Salem Wnr-c3. of life 0-hr-irtian Center Salem Bapti t Church 2 Seatack seatack Elementary School Shannon yempsviiie Elementary -20-honl- Chur--h of the Ascension She Park St. Matthews Catholic Church Sigma Sandbridge Fire Station Stratford Chase Providence Elementary School Thalia Thalia Elementary School Thoroughgood Independence Junior High School Timberlake White Oaks Elementary School Trantwood Virginia Beach Christian Church Virginia Beach - A Galilee Episcopal Church Virginia Beach - B Virginia Beach Junior High School Virginia Beach - C Cooke Elementary School Windsor Oaks Windsor Oaks Elementary School Witchduck Bayside Presbyterian Church Wolfsnare Eastern Shore Chapel Woodstock wnod.gtogl; Eleragntar-Y -2@hnol- Avalon Church of Christ Central Absentee Voter Agriculture/Voter Registrar Election District Building Section 10-2. Map of Election districts. (a) The geographical boundaries of the election districts set forth in section 10-1 are hereby established as delineated on a certain map, revised Qgg 1990, prepared by the planning staff of the city and captioned "Election Districts," which map is hereby approved. (b) The clerk of the council shall endorse on the map referred to in subsection (a) above the date of the councils approval thereof and file the original map, with the minutes of the meeting at which such map was approved, in the records of his office, and shall cause exact copies thereof to be filed with the general registrar of the city, the clerk of the circuit court and the planning department. This ordinance shall not be effective until approved by the United States Attorney General under the Voting Rights Act of 1965. 3 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of ulY 1991. CA-4299 ORDIN\PROPOSED\10-001.pro APF,,.@,o%IEID AS TO COiNT@,- tiu ATTO.RNEY 4 - 12 - Item II-J.2. ORDINANCES/RESOLUTION ITEM # 34611 The Honorable Moody E. "Sonny" Stallings, represented the applicant and presented a statement from Lakeside Construction Corporation outlining two points of disagreement. Arthur Shaw, City Engineer, advised the City will attempt to locate the traffic control box with the wiring on Mr. Hill's side of the property rather than Mr. Reasor's. Therefore, when the intersection is ultimately realigned, this will not be in the way. Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinances re Princess Anne Road and Sandbridge Road Intersection Improvements (CIP 2-816): Authorize the City Manager to TRANSFER $173,000 from Flanagan's Lane (CIP 2-134) to Traffic Safety Improvements (CIP 2-816) to fund traffic safety improvements at Princess Anne and Sandbridge Roads. Authorize acquisition of property in fee simple for right-of-way for Princess Anne and Sandbridge Roads intersection improvements (CIP 2-816); and acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. As part of the APPROVAL, the Map shall be corrected and inserted in the Minutes. The Statement of Lakeside Construction Corporation, dated July 2, 1991, shall be included. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 ORDINANCE 2 WHEREAS, in the opinion of the Council of the City of Virginia 3 Beach, Virginia, a public necessity exists requiring the 4 installation and construction of traffic safety improvements at the 5 intersection of Princess Anne and Sandbridge Roads in order to 6 provide for the preservation of the safety, health, peace, good 7 order, comfort, convenience, and for the welfare of the people in 8 the City of Virginia Beach; and 9 WHEREAS, on December 6, 1990, the Council of the City of 10 Virginia Beach transferred the sum of $127,000.00 from Computerized 11 Signal Expansion CIP 2-988 to Traffic Safety Improvements CIP 2- 12 816; and 13 WHEREAS, there is an additional $173,000, which sum is 14 available from Flanagan's Lane CIP 2-134 and together said funds 15 constitute the necessary funding sources for this project; and 16 WHEREAS, the contract cost for installation and 17 construction of traffic safety improvements at the intersection of 18 Princess Anne and Sandbridge Roads will not exceed $300,000; said 19 figure representing Virginia Power relocation costs of $70,466;; 20 right of way improvement costs of approximately $162,048; the cost 21 of the traffic signal and delineators at $43,290; and contingency 22 costs of $24,196; and 23 WHEREAS, in order to meet the contract cost for 24 installation and construction of the traffic safety improvements 25 at Princess Anne and Sandbridge Road it is necessary to transfer 26 the sum of $173,000 from Flanagan's Lane CIP 2-134 to Traffic 27 Safety improvements CIP 2-816 in order to properly fund such 28 construction costs. 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA; 31 That the City Manager is authorized to transfer $173,000 32 from Flanagan's Lane CIP 2-134 to Traffic Safety Improvements CIP 33 2-816 to fund such traffic safety improvements. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 2 day of July 1991. 36 CA-4210 37 \ordin\noncode\CA-4210.ord 38 R-4 A?Pr,iC,VEry AS TO CONTENTS APP!'40@IF!'.) AS TO LEGAL ;UF@-i@@@'IENCY 2 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR PRINCESS ANNE ROAD AND SANDBRIDGE ROAD 4 INTERSECTION IMPROVEMENTS, CIP 2-816 AND THE 3 ACQUISITION OF TEMPORARY AND PERMANENT 6 EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT 7 OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the city of 9 Virginia Beach, Virginia, a public necessity exists for the 10 construction of this important roadway to provide transportation 11 and for other public purposes for the preservation of the safety, 12 health, peace, good order, comfort, convenience, and for the 13 welfare of the people in the City of Virginia Beach: 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 Section 1. That the City of Virginia Beach is hereby 17 authorized to acquire by purchase or condemnation pursuant to 18 Sections 15.1-236, et seg., 15.1-898, 15.1-899, and Section 33.1- 19 89, et seg. , Code of Virginia of 1950, as amended, all that certain 20 real property in fee simple, including temporary and permanent 21 easements of right of way as shown on the plans entitled "PRINCESS 22 ANNE RD./SANDBRIDGE RD. INTERSECTION IMPROVEMENTS C.I.P. NO. 2- 23 816,11 these plans being on file in the office of Real Estate 24 Department of Public works, Virginia Beach, Virginia. 25 Section 2. That the City Manager is hereby authorized 26 to make or cause to be made on behalf of the City of Virginia 27 Beach, to the extent that funds are available, a reasonable offer 28 to the owners or persons having an interest in said lands, if 29 refused, the City Attorney is hereby authorized to institute 30 proceedings to condemn said property. 31 Adopted by the council of the City of Virginia Beach, 32 Virginia, on the 2 day of July 1991. 33 CA-4233 34 NONCODE\CA-4233.ORD 35 R-1 AP TO CO@s SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY MM FORM .@ A, @c@ 0 1 1 @Ff A=OMM I q i,-_ I r Pr cess dbridge Rdo @i ements NO. 2-816 LE lm=1600' -1 k'@ - LAKESIDE CONSTRUCTION CORPORATION 5299 GREENWICH ROAD VIRGINIA BEACH. VA 23462 (804) 499-5961 July 2, 1991 We have had three meetings with members of the staff and at one meeting one City Council member was present. We outlined by letter our concern and discussed it for several hours. Its seems there are two points of disagreement we have with the staff still unsolved. 1. Accessl We are continually negoiating with commercial interests for a location at the southern portion of this property. We have made it clear by letter and verbally that we should have the right to the tie into Princess Anne Road and Sandbridge Road at any time regardless of whether the City has designed their ultimate or temporary intersection. 2. Approval of plans: Since February 1987 we submitted a complete set of engineering plans by Basgier and Associates, civil engineers and practicing land planners in the City of Virg@nia Beach which has been rejected by the traffic engineer because we have not dealt with the complete intersection. Yet, the master street and highway plarr.,on April 1, 1989 overlayed our property with the identical location, interesecting Princess Anne Road and Sandbridge Road at the same angle shown on our plan. In 1989 when the property was under contract to a user a complete study was made by Kimberly-Horne and Associates. In this study they recommended to Mr. Scott that the alignment of Upton Drive be changed to intersect Princess Anne Road at Elson Green Avenue. Mr. Scott concurred by letter dated June 22, 1989. We have ask@d public works to consider the alternative alignment on several occasions to no avail. We are now asking that you direct the public works and the planning commission to coordinate with our engineers a suitable alignment to our property in consideration with the agreement that was signed in August of 1990. - 13 - Item II-J.3. ORDINANCES/RESOLUTION ITEM # 34612 Brooks Pollock, 161 Pinewood Road, Phone: 497-0490, President - Central Business District Association. Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Resolution accepting the Virginia Beach Central Business District Master Plan concept for development of the Pembroke Area; and, referring the Plan to the Planning Commission for its recommendations as to implementation. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorfl@*, Nancy K. Parker*l@* and William D. Sessoms, Jr.'@ Council Members Voting Nay: None Council Members Absent: None Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is an officer of Central Fidelity Bank which has a branch office in the Central Business District and is also a Council-appointed member of the Central Business District Commission. Councilman Sessoms declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Sessom's letter of July 2, 1991, is hereby made a part of the record. **Mayor Oberndorf SUPPORTED the concept but does not endorse light rail or the Constitution Drive Flyover. ***Councilwoman Parker SUPPORTED the concept but does not endorse light rail. cit@ c>f 809 GREENTREE ARCH WILLIAM 0 SESSOMS. JR VIRGINIA BEACH VIRGINIA 23451 COUNCILMAN-AT-LARGE (804) 455-5732 July 2, 1991 Mrs. Ruth Hodges Smith, CMC/AAF- 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 executing this written disclosure is the Council consideration and vote on a resolution accepting the concept for development of the Pembroke area as contained in the Virginia Beach Central Business District Master Plan and referring the Plan to the Planning Commission for its recommendations as to implementation. 2. The nature of my personal interest is that I am an officer of Central Fidelity Bank which has a branch office in the Central Business District, and I earn an annual income in excess of $10,000. 1 was also a Council-appointed member of the Central Business District Commission. 3. The City Attorney has advised me that in his opinion I am a member of a group, i.e., persons employed by similarly-situated properties and businesses July 2, 1991 Mrs. Ruth Hodges Smith -2- in the Central Business District, the members of which are all affected by the transaction. 3. I wish to disclose this interest and declare that I am able to participate in the transaction 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 Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms, Jr. Councilman WDSjr/a,wj Enclosure MUNIC PAL CENTER t ESLIE L L LLEY I RGINIA BEACH, VA 23456@9004 (804) 427 4531 CRY ATTORNEY FAX (8@) 426 5@7 July 2, 1991 Councilman William D. Sessoms, Jr. Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Councilman Sessoms: I am writing in response to your request for an opinion as to whether you may participate in the City Council consideration of a resolution accepting the concept for development of the Pembroke area as contained in the Virginia Beach Central Business District Master Plan and referring the Plan to the Planning Commission for its recommendations as to implementation. The resolution is scheduled for the July 2, 1991 meeting of City Council. summ conclusion- From my review of the Conflict of Interests Act and the information provided by you, I am of the opinion that you have a personal interest in the proposed resolution as a result of your employment at a branch office of Central Fidelity Bank located within the proposed Central Business District. However, on mal i)on or interest pursuant to July 2, 1991 Councilman William D. Sessoms, Jr. -2- This conclusion is consistent with my prior opinion to you dated January 4, 1990, on this same subject. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Facts Presented- Your request for an advisory opinion is generated by City Council's consideration of the aforementioned resolution regarding the Central Business District Master Plan which was developed by a consultant with guidance from the Central Business District Commission. The resolution would accept the concept for development of the Pembroke area as contained in the Virginia Beach Central Business District Master Plan and would refer the Plan to the Planning Commission for its recommendations as to implementation. You have advised me that your concern and reason for requesting this opinion is that you are an officer of Central Fidelity Bank and work in its branch office located in the proposed Central Business District, and receive an annual income from the Bank in excess of $10,000. You have also advised that you were a Council-appointed member of the Central Business District Commission, and that you did not receive compensation for serving in this capacity.1 Are you precluded from participating in City Council's consideration of the aforementioned resolution regarding the Central Business District Master Plan? Discus-sion. 1. A icable Definitions of 2.1-639.2-- A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Governmental Conflict of Interests Act. 1 See COIA opinion to you dated January 4, 1990. Councilman William D. Sessoms, Jr. -3- July 2, 1991 B. You are an officer within the meaning of § 2.1-639.2 of the above- referenced Act. C. The resolution to be voted or, by City Council is a "transaction" as defined 'ne Act defines a transaction as "any matters considered by any ... by the Act. ontemplated." § 2.1-639.2. governinental agency on which official action is taken or c D. "Personal interest' is defined 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 from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 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. A. Personal Interest You have a personal interest in Central Fidelity Bank based upon your receipt of an annual income from the Bank in excess of $10,000.00. B. Personal nterest in a Transaction In order to have a personal interest in the transaction, Central Fidelity Bank must be either the subject of the transaction or realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the transaction. Clearly, the Bank is not the subject of the transaction. However, the question of "reasonable foreseeability" remains. Although you would have no personal interest in the referral of this matter to the Planning Commission , it is arguable that Central Fidelity Bank may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of Council's acceptance of Councilman William D. Sessoms, Jr- -4- July 2, 1991 the Master Plan as a "concept" for development in the Pembroke area. Therefore, in my opinion you have a personal interest in the transaction within the meaning of the Conflict of Interests Act. isclosure Re uirements Based on the fact that you are a member of a group which is affected by the transaction, i.e., persons employed by surrounding similarly-situated properties and businesses in the Central Business District encompassed by the study, you may participate in the transaction when it comes before the Virginia Beach City Council upon disclosure of your personal interest. Such disclosure must include a declaration that you are able to participate in the transaction, fairly, objectively, and in the public interest. A proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or file a signed written declaration with the Clerk of the City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places a 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 concerned that participating in the transaction, even after disclosure, could create an unacceptable appearance, you may abstain from voting under § 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, § 2.1-639.18(c) provides that a written opinion of the ttorne made after a full disclosure of the facts, is advisory and admissible as evidence that the enforcing officer did not knowingly violate the Act, while a favorable opinion of the Corn ey as the enforcing officer of the COIA, provides immunity from any a ged violation. Councilman William D. Sessoms, Jr. -5- July 2, 1991 Please contact me should you desire any additional information. Very truly yours, Leslie L. Lill City Attorney LLL/RMB/awi Enclosure 1 A RESOLUTION ACCEPTING THE CONCEPT 2 FOR DEVELOPMENT OF THE PEMBROKE AREA 3 AS CONTAINED IN THE VIRGINIA BEACH 4 CENTRAL BUSINESS DISTRICT MASTER 5 PLAN AND REFERRING THE PLAN TO THE 6 PLANNING COMMISSION FOR ITS RECOM- 7 MENDATIONS AS TO IMPLEMENTATION 8 WHEREAS, the Pembroke area is located near the 9 population center of the City and at the crossroads of two major 10 arterial roadways; and 11 WHEREAS, in 1973, the city established the B-3 Central 12 Business District zoning classification for certain property in 13 the Pembroke area; and 14 WHEREAS, in 1989, the Central Business District 15 Association (CBDA) developed the CBDA concept Plan which included 16 planning goals and objectives for guiding development of the 17 Pembroke area into a central business district; and 18 WHEREAS, in 1989, the City Council endorsed the CBDA 19 Plan and appointed the Central Business District Commission which 20 was funded and charged by the Council with the task of developing 21 a Master Plan for the Central Business District; and 22 WHEREAS, in March 1991, the Central Business District 23 Commission completed its task by presenting The Virginia Beach 24 Central Business District Master Plan to the City Council. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 1) That the City Council accepts the Virginia 28 Beach Central Business District Master Plan as a concept for 29 development in the Pembroke area; provided however, that the 30 acceptance does not apply to the financial plan contained therein, 31 nor does this acceptance apply to the provision for the 32 Constitution Drive flyover. 3 3 2) That the Virginia Beach Centtral Business 34 District Master Plan is hereby referred to the Planning commission 35 for its study and recommendation concerning any amendment to the 36 Comprehensive Plan and any recommendation for funding and 37 implementation through the Capital Improvement Program which it 38 may deem appropriate. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 2 day of July 1991. 41 CA-4306 42 Noncode\Pembroke.Res 43 R-2 2 - 14 - Item II-K.l. PUBLIC HEARING ITEM # 34613 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) BETTY B. NOSAY CONDITIONAL USE PERMIT (b) TANK LINES, INC. CONDITIONAL USE PERMIT d/b/a PAPOO OIL CO. (c) BAYMARK CONSTRUCTION CORPORATION CONDITIONAL USE PERMIT (d) THE RUNNYMEDE CORPORATION STREET CLOSURE (e) D. M. MALBON NONCONFORMING USE (f) WILLIAM DRINKWATER CHANGE OF ZONING DISTRICT CLASSIFICATION CONDITIONAL USE PERMIT (g) R.G. MOORE BUILDING CORPORATION MODIFICATION TO OCEAN LAKES MASTER PLAN 1 5 Item 11-K-1-a PUBLIC HEARING ITEM # 34614 PLANNING Wilfred P. Largeo 244 Mustang Trail, Phone: 431-1041, represented the applicant iman Lenteigne, seconded by Councilman Baum, City Council Upon motion by Counci n of BETTY B. NOSAY for a Conditional Use ADOPTED an Ordinance upon applicatlo Permit for a single-family dwelling: ORDINANCE UPON APPLICATION OF BETTY B. NOSAY FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING IN THE AG-2 AGRICULTURAL DISTRICT R07911380 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Betty B. Nosey for a Conditional Use Permit for the single family dwelling in the AG-2 Agricultural District on the west side of Princess Anne Road, 2455 feet south of South Stowe Road. The parcel is located at 931 Princess Anne Road and contains 1.527 acres. PUNGO BOROUGH. The following conditions shall be required: 1. Only one entrance shall be provided onto Princess Anne Road to serve both the proposed lot and the residual. The entrance shall be placed in a location that will serve both properties. This may require removal of the existing entrance and relocation. 2. if a development proposal is established for the residual property, the subject 1.527 acre lot shall be incorporated Into the overall development. 3. The proposed development must be submitted for a detailed preliminary subdivision review. 4. This conditional use permit shall be considered activated with the recordation of a final subdivision plat. 5. Only two lots are permitted, further conditions governing rate of development are not required. 6. Any new residential structures shall have a minimum setback of 100 feet from the ultimate right-of-way for Princess Anne Road. 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 Second of July, Nineteen Hundred and Ninety-One. - 16 - Item II-K.IA PUBLIC HEARING ITEM # 34614 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr.p Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item II-K.l.b PUBLIC HEARING ITEM # 34615 PLANNING The Honorable Moody E. "Sonny" Stallings, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of TANK LINES, INC., DBA PAPCO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TANK LINES, INC., DBA PAPCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R07911381 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tank Lines, Inc., DBA PAPCO Oil Company for a Conditional Use Permit for a bulk storage yard and the expansion of a gasoline service station at the northeast corner of Southern Boulevard and Euclid Road. The parcel is located at 4920 Southern Boulevard and contains 1.646 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1, Right-of-way reservations are required along both frontages on Opal Avenue and Southern Boulevard to provide for an ultimate 60-foot right-of-way for each roadway. 2. Approval of a Board of Zoning Appeals Variance to Category VI landscaping for the bulk storage yard is required prior to development. 3. Category I landscaping is required along the frontages of this property on Opal Avenue and Southern Boulevard. Evergreen varieties would be acceptable and all plant selections must be coordinated with the City Arborist. 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 Second of July, Nineteen Hundred and Ninety-One. Item II-K.l.b PUBLIC HEARING ITEM # 34615 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 4@Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is an officer of Central Fidelity Bank which bank has previously made a loan to Tank Lines, Inc. However, the Bank does not have a loan on the property which is the subject of the conditional use permit application. Councilman Sessom's letter of July 2, 1991, is hereby made a part of the record. WILLIAM D SESSOMS, JR GREENTREE ARCH COUNCILMAN-AT-@RGE VIRGINIA BEACH, VIRGINIA 23451 (804) 455-5732 July 2, 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 executing this written disclosure is the Council consideration of Tank Line, Inc.'sapplication for a conditional use permit at the northeast corner of Southern Boulevard and Euclid Road. 2. The nature of my personal interest is that I am an officer of Central Fidelity Bank, which bank has previously made a loan to Tank Lines, Inc. However, the Bank does not have a loan on the property which is the subject of the conditional use permit application. 3. Although the City Attorney has advised me that this interest does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and declare that I am able to participate in the transaction 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 Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, William D. Sessoms, Jr. Councilman WDSjr/awj Enclosure LE SL EL L @-LEY MUN C PAL CENTER C,ITY ATT RNEY V R !N A BEACH VA 23456 9004 (804) 427 4531 FAX (804) 426 5687 July 2, 1991 Councilman William D. Sessoms, Jr. Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Act Opinion Dear Councilman Sessorns: 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 Tank Lines, Inc. conditional use permit application. The application is scheduled for consideration by City Council at its July 2, 1991 meeting. Summa 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 conditional use permit application of Tank Lines, Inc. Thus, you may vote on this matter 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. Councilman William D. Sessoms, Jr. -2- July 2, 1991 1 base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Facts Presented: Your request for an advisory opinion is generated by the application for a conditional use permit of Tank Lines, Inc., at the northeast corner of Southern Boulevard and Euclid Road, which is scheduled to come before the Council at its July 2, 1991 meeting. You have advised that your concern, and reason for requesting this opinion, is that you are an officer of Central Fidelity Bank earning in excess of $10,000 in salary each year, and that Central Fidelitv Bank has previously made a loan to Tank Lilies, Inc. to purchase property on Holland Road, which is secured by a deed of trust on that specific ----ert-%,. You also advise that the property owned by Tank Lines, Inc. to which the conditional use permit would be applicable (i.e., the northeast corner of Southern Boulevard and Euclid Road) was not financed by Central Fidelity Bank and that neither you nor the Bank has any interest in this parcel. Issue: Are you precluded from participating in the discussion and voting on the above- referenced conditional use permit application? Discussion: 1. Applicable Definitions of Section 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act. C. Council consideration of the application for a conditional use permit is a "transaction" as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. Councilman William D. Sessoms, Jr. -3- July 2, 1991 D. "Personal interest' is defined in § 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 from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceed@ 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 familv 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. II. A lication of Definitions A. Personal Interest You have a personal interest with respect to the bank by virtue of annual compensation from the bank which exceeds $10,000.00. You have indicated, however, that the bank does not hold a loan on, or have any other interest in, the property that is the subject of the conditional use permit application. Therefore, you do not have a personal interest with respect to the application. B. Personil Interest in the Transaction Based on the facts presented, you have a "personal interest" in Central Fidelity Bank based upon your receipt of compensation in excess of $10,000.00 annually. However, Central Fidelity Bank is not the subject of the transaction, nor will it realize a reasonably foreseeable direct or indirect benefit or detriment based on the subject conditional use permit application. Therefore, it is my opinion that you do not have a personal interest in the transaction within the meaning of the Conflict of Interests Act. Ill. Based on the fact that you have no personal interest in the conditional use permit application of Tank Lines, Inc., you are not restricted in voting as to that item. If you are Councilman William D. Sessoms, Jr. -4- July 2, 1991 concerned that your participation as to this matter may create some appearance of impropriety because of your position, there are two options available to you which may diffuse any perception problems that may arise: 1. You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 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 § 2.1-639.14(G) is enclosed 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, ,.io shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. The Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of 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 concerned that participating in the transaction, even after disclosure, could create an unacceptable appearance, you may abstain from voting under § 2.1-639.14(E) provided that you first disclose your interest in the transaction. As a final note to any conflict of interests opinion, Section 2.1-639.18(c) provides that a written opinion of the Ciiy Attornev 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 Commonwealth's Attornev as the enforcing officer of the COIA, provides immunity from any alleged violation. Councilman William D. Sessoms, Jr. -5- July 2, 1991 Please contact me should you desire any additional information. Very truly yours, Leslie L. Lillev City Attorney LLL/RMB/awj Enclosure - 19 - Item 1I-K.I.c PUBLIC HEARING ITEM # 34616 PLANNING Robert S. Miller, III, 5033 Rouse Drive, Phone: 490-9264, Engineer with Miller-Stevenson, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of BAYMARK CONSTRUCTION CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BAYMARK CONSTRUCTION CORPORATION FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT R07911382 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Baymark Construction Corporation for a Conditional Use Permit for a borrow pit on certain property located on the northeast side of Holland Road beginning at a point 540 feet more or less northwest of Christopher Farms Drive. The parcel contains 53.2 acres. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. The use permit is approved for a period of two years. 2. An excavation permit is required from the Department of Public Works. 3. A variance from the Board of Zoning Appeals will be required to excavate within 100 feet of exterior property lines and there will be no further excavation within 100 feet of the exterior property lines. 4. Any homes which are constructed along the subdivision access road leading to the borrow pit shall not be occupied until the borrow pit operation has been completed. 5. In order to insure proper traffic circulation and proper traffic control, and also keep materials from tracking onto Holland Road, an employee will be stationed on Holland Road at the entrance to the haul road to insure the haul road is kept clear. 6. The dewatering operation will only discharge groundwater and stormwater, which is pristine clear, into West Neck Creek. 7. For the proposed borrow pit to be acceptable as a best management practice upon completions of sand excavation, the following are required: a. The maximum depth of the borrow pit/BMP shall not exceed 40 feet as described on the preliminary plan submitted with the application. - 20 - Item II-K.l.c PUBLIC HEARING ITEM # 34616 (Continued) PLANNING b. A wetlands bench shall be designed to a width of 121 and a maximum pool depth of Oll to 311 above the wetlands bench. The wetlands bench shall be provided only along the north and west boundaries of the pit/BMP comprising an area of approximately 13,560 square feet. The bench area shall be excavated to a depth of 1211 and backfilled with palustrine material retrieved from the top 1211 to 1611 of topsoil removed from the vegetated portions of the borrow pit area. This organic material will promote the growth of indigenous vegetation. The waterward edge of the bench shall include a 1211 to 2411 high ridge of native soil which shall be 11 to 21 wide designed to control erosion and retain the backtilled palustrine material. c. Banks of the pit/bmp/lake shall be reconstructed with slopes not to exceed a gradient of 1-toot rise to 3 feet run to stabilize the banks. d. Sediment basins for treating site runoff and dewatering operations shall be Included as a component of the borrow pit. Such basins shall Include a maintenance schedule inclusive of maintenance inspections at least every two days, a cross-section of the proposed sediment basins and clearly identified erosion and sediment control measures. a. The applicant shall submit revised construction plans detailing the required modifications to the wetlands bench, slope and sediment basins as described above. 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 Second day of July, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item IT-K.I.d PUBLIC HEARING ITEM # 34617 PLANNING Michael Barrett, chief Executive Officer, The Runnymede Corporation, distributed an aerial photograph of the site and a copy of the proposed building, similar to the "Pavilion Center" Robert S. Miller, III, 5033 Rouse Drive, Phone: 490-9264, Engineer with Miller-Stevenson, represented the applicant Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in OPPOSITION. Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council DENIED the Ordinance upon application of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of a portion of Cleveland Street. Application of The Runnymede Corporation for the discontinuance, closure and abandonment of a portion of Cleveland Street beginnings at a point 400 feet more or less west of Clearfield Avenue and running in a westerly direction a distance of 620 feet more or less. The parcel contains 35,882 square feet. BAYSIDE BOROUGH. Voting: 8-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Robert W. Clyburn, Vice Mayor Robert E. Fentress and William D. Sessoms, Jr. Council Members Absent: None - 22 - Item II-K-Ie- PUBLIC HEARING ITEM # 34618 PLANNING Billy Garrington, 5001 Winston Salem Avenue, Phone: 428-4245, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: Application of D. M. Malbon for the Expansion of a nonconforming Use on certain property located on the south side of 18th Street, 125.10 feet west of Arctic Avenue on portions of Lots 6, 8 and 10, Block 29, The parcel contains 14,373.80 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The expansion is approved for a period of one year. The expansion shall be reevaluated every year by the City Council. 2. Individual vehicles shall only be stored for a maximum of ten days. Voting: 7-4 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert W. Clyburn, Reba S. McClanan and Mayor Meyers E. Oberndorf Council Members Absent: None I RESOLUTION GRANTING AUTHORIZATION 2 FOR THE EXPANSION OF A NONCONFORMING 3 USE (BULK STORAGE YARD), LOCATED ON 4 18TH STREET, WEST OF ARCTIC AVENUE, 5 PROPERTY OF D. M. MALBON, BOROUGH OF 6 VIRGINIA BEACH 7 WHEREASI D. m. Malbon, hereinafter referred to as the 8 Applicant, is the operator of a bulk storage yard used for the 9 storage of motor vehicles on a zoning lot located on the southwest 10 corner of Arctic Avenue and 18th street, in the RT-3 Resort 11 Tourist District, Borough of Virginia Beach; and 12 WHEREAS, the Applicant desires to expand the said bulk 13 storage lot onto an adjoining parcel of land also located in the 14 RT-3 Resort Tourist District; and 15 WHEREAS, the present use of the property does not 16 conform to the provisions of the City Zoning Ordinance because 17 bulk storage yards are not permitted uses within the RT-3 Resort 18 Tourist District; and 19 WHEREAS, pursuant to Section 105(d) of the City Zoning 20 Ordinance, the City Council may authorize the expansion of a 21 nonconforming use if it finds that the use, as expanded, is 22 ecfually appropriate or more appropriate to the zoning district 23 than is the existing nonconforming use; 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That City Council hereby finds that the proposed bulk storage 27 yard, as expanded, is equally appropriate or more appropriate to 28 the RT-3 Resort Tourist District than is the existing 29 nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby grants authorization for the expansion of the Applicant's bulk storage yard upon the following conditions: 1. Approval shall be for a period of one (1) year, and shall be reevaluated by the City Council every year; and 2. Individual vehicles shall be stored for a period of no more than ten (10) days. Adopted by the City Council of the City of Virginia Beach on the 2nd day of July, 1991. CA-91-4303 \noncode\malbon.res R-2 - 23 - item 11-K.l.f PUBLIC HEARING ITEM # 34619 PLANNING The Honorable Moody E. "Sonny" Stallings, represented the applicant The following registered In OPPOSITION: Jeanne Jarnagin, 501 23rd Street, Phone: 425-5801 Tony Mauer, 432 24th Street, Phone: 422-4469 Ann Russell, 432 24th Street, Phone: 422-4469 Tom Jackson, 430-23rd Street, Phone: 422-4733, presented a copy of a petition (several years old) in OPPOSITION. A motion was made by Vice Mayor Fentress, seconded by Councilman Jones, that City Council ADOPT Ordinances upon application of WILLIAM DRIWWATER for a Change of Zoning District Classification and Conditional Use Permit: A SUBSTITUTE MOTION was made by Counci lwoman Parker, seconded by Counci lwoman McClanan, to DENY Ordinances upon application of WILLIAM DRINKWATER for a Change of Zoning District Classification and Conditional Use Permit: Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, and William D. Sessoms, Jr. Council Members Absent: None - 24 - Item 11-K.l.f PUBLIC HEARING ITEM # 34619 (Continued) PLANNING Upon motion made by Vice Mayor Fentress, seconded by Counci Iman Jones, City Counci I ADOPTED Ordinances upon application of WILLIAM DRINKWATER for a Change of Zoning District Classification and Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D to R-T4 Z07911327 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William Drinkwater for a Change of Zoning District Classification from R-5D Residential Duplex District to R-T4 Resort Tourist District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Co. The proposed zoning classification change to Resort Tourist District is for residential, office and commercial land use. The Comprehensive Plan recommends use of this parcel for Suburban Medium Density Residential Land Use at densities that are compatible with single-family use in accordance with other Plan policies. The parcel Is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. A N D, ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER FOR A CONDITIONAL USE PERMIT FOR A LAW OFFICE R07911383 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William Drinkwater for a Conditional Use Permit for a law office on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Company. The parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The existing structure must remain, no exterior expansion will be permitted. 2. Signage for the site will be limited to one Identification sign, which shall not exceed one square foot in area, shall be non-illuminated and shall be mounted flat against the wall on the existing building on the north side or the side facing 23rd Street. 3. The business will be limited to one attorney and one secretary. 4. The parking area shall be limited to four spaces. A low level evergreen hedge must be es ab@lished along Baltic Avenue and 23rd Street. - 25 - Item II-K.I.f PUBLIC HEARING ITEM # 34619 (Continued) PLANNING 5. Category II landscaping must be established along the western property line as specified in Section 1536 of the City Zoning Ordinance. In those areas where Category II landscaping cannot be installed, due to the location of the existing structure, an alternative landscaping plan must be submitted and approved by the City Arborist. 6. Hours of office operation shall be 9:00 A.M. to 5:00 P.M., Monday thru Friday. 7. No lights shall be on the parking lot. 8. The Conditional Use Permit shall be for one year. 9. The Parking Lot must be locked before and after office hours. 10. There shall be no structural changes to building without City Council approval. These Ordinances 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 Second f Jul , Nineteen Hundred and Ninety-One. Voting: 6-5 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Robert W. Clyburn, Reba S. McClanan, Mayor Meyers E. Oberndorf and Nancy K. Parker Council Members Absent: None *Councilman Sessoms DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is employed by Central Fidelity Bank and the bank holds a note secured by the deed of trust on the Drinkwater property. Councilman Sessoms declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Sessom's letter of July 1, 1991, is hereby made a part of the record. *Councilwoman Parker DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, she owns property in the 400 and 500 blocks of 23rd Street which is in the vicinity of the Drinkwater property. Councilwoman Parker declared she was able to participate in the transaction fairly, objectively and in the public interest. Councilwoman Parker's letter of July 1, 1991, is hereby made a part of the record. WILLIAM D. SESSOMS, JR. 809 GREENTREE ARCH COUNCILMAN-AT LARGE VIRGINIA BEACH, VIRGINIA 23451 455 5732 July 1, 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 executing this written disclosure is the Council consideration of the applications of William Drinkwater for a change of zoning district classification from R-5D Residential Duplex District to R-T4 Resort Tourist District, and for a conditional use permit for a law office. The property affected by the applications is located in the 500 block of 23rd Street. 2. The nature of my interest is that I am employed by Central Fidelity Bank, and the bank holds a note secured by the deed of trust on the Drinkwater property. Mrs. Ruth Hodges Smith -2- July 1, 1991 3. 1 will not realize any direct or foreseeable financial benefit or detriment as a result of this transaction. 4. 1 wish to disclose this interest and declare that I am able to participate in the transaction 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 Robert J. Humphreys, Commonwealth's Attorney, dated August 23, 1990, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, W. D. Sessoms, Jr. Councilman WDSjr/awj Enclosure @JC EA Go ,v OFFICE OF THE COMMONWEALTH'S ATTORNEY ROBERT J, HUMPHREY.S CITY OF VIRGINJA,3EACti Attu,,Iey MUNI(',JrAL CENTER VIH(3@NIA EEA(H. VlRr3[NlA off@ (6n4) 427-4401 August r,, 1990 The Honorable William D. Sessoms, IT. Councilman Citv of Virginia Beach 6-- @f-ccntree Arch Virginia Beach, Virginia 23451 E)ear Councilman Sessoms: Pinion pursuant to In a letter to me d-,Itccf August 21, 1990, you have requested illy 0 , , §2.1-6,'ig.ls of the Code of Virginia of 1950, ardirig the gpplicaticii of the State and Local Conflict of Interest Act to the rezoning as Inie;idcd, reg application filed bykfr. William Drink-water and which is scheduled to be considered by City Council on August 28, 1990. You have also enclosed a copy of tile opinion of my predecessor, Paul A. Sciortino, to Mo()dv E. Stallings, Jr. regarding his interpretation of the State and Local Conflict of Interest Act as i't applies to this same zoning application which was previously @)nsidcrcd by Virginia Beach City Council on March 27, J989. After reviewing the faces disclosed in your letter of August 21st and reviewing Mr. Sciortino'S opinion to Mr. Stallings of May 26, 1989, 1 am of the C)I)inio,n that the State and Local Conflict of Interest Act is not applicable I(.) your involvement in tile rezoning application by Nfr. Driiikwater. The Virginia Beach City Council is clearly a "governmental agenly" within the meaning of §2.1-6.39.2 of the State and L)cal Conflict of Interest Act and you unquestionably are a "officer' within the meaning of the Act. I'he issue turns oil watcher or not you have a 'personal interest in a transaction" as defined by the Act. A-, Ivfr. Sciortino pointed out in his letter to you of May 26, 1989, a "personal interest in a transaction" exists "when an officer ... has a pcrsonl] interest in . . . a business ... and such ... business ... may reitlizc a reasonably for@ble direct or indirect benefit or detriment as a result of the action of Cho agency considering the transaction.' (Emph2isis added). You do not indicate in your letter of August 21st whether or not your income from Central Fidelity Bank is contingent upon the performance of the loans you make in your capacity as an T Page 2 The Honorable William D. Scssonis, Jr. August 23, 1990 e'nPlOYee of Central F@idclity, however, in any e'vc@'It you indicate that this Particular piece of property is not in Your personal portfolio. Given that situation, I find tl)at I must On your Personal interest as ,In ellplo agree with Mr. Sciortinol,,; respect to this property is YCC Of Central Fidelit @elllncnt that the effect Y Bink by tile action of City Council w,,,) a member of Council. remote and si)ccul,'Itive or contin east uPOll factors beyond your control its General of Virginia As Mr, Sciorti. 9 no has already Pointed out to you has ruled that, if this is the case, a counc imembe Pre',IiotLsly, the Attorney on the transaction 1)efore council. Scr, Co, advise -Y c)p, , i r may vote without restrictior, General Annual Report page ii. iiiion no, 8-Al.5(198s); 1986-87 Attorney It is theref,_)rc niv judgment that a change ill the zonin Of this Property would involve lo reasonably foreseeable direct or irdircc,, ber)ef7lt or detrimentg the State and Local c@)T)flict of interest Act and "ccordingiv to Your Personal interest as (refined by -;9e,ida item. . You mav vote without restriction on that If YOU require any clarification on anv poil hesitate ic) r-Ontlct me, 't or if YOU 12,9ve anv other questions, please don't Very truly yours, rUH.-jas CC: Leslie L, Lillqv, City Attorney NANCY K. PARKER 604 GOLDSBORO AVENUE COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 2MI AT-LARGE (804) 42@l 589 July 1, 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 executing this written disclosure is the City Council consideration of the applications of William Drinkwater for a change of zoning district classification from R-5D Residential Duplex District to R-T4 Resort Tourist District, and for a conditional use permit for a law office. The property affected by the applications is located in the 500 block of 23rd Street. 2. The nature of my interest is that I own property in the 400 and 500 blocks of 23rd Street which is in the vicinity of the Drinkwater property. 3. 1 wish to disclose this interest and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Mrs. Ruth Hodges Smith -2- July 1, 1991 Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Attorney General Mary Sue Terry, dated September 20, 1990, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Nancy K. Parker Councilwoman NKP/awj Enclosure Mary Sue C) 71- Sentember 20, 1990 The Honorable '4ancy K. Parker Member, Virginia Beach City Ourlc;l 604 Goldsboro Avenue V@ irlia Beach, v; "ginia 23451 I)ear 'As- Parkez-: Pursuant to of t Gove@,Tlme.,,-, Conpic iat a DOri:'.'on of the State and @cai .w all ask that I ze,.,iL 55 2-i-6@@9 -@OL!gh -@-,-i39.24 (the "Act",, c)u 4e Comfnoflwealttts A ne,7 '!Id@red to you by @ ,or.s Or' vote on a at Tllrg Your ability jawf@v to nartic;Dat@ in "or p discus- are based on -he !)r)lit:ation. The cc)nC'Usiors exor...' Qe,l@ dated - nted i ad in 'this oc)in- @tl@t -rl your letter to the Corrmcriwe-itrils kt'. you -may not --, r")at;()n in tha@ letter ,s @or- _iy UPC)R , P-ve-,It "70ur conduct late:. or !ncornolet&, a is c.,:a7le-Ilged. Dr-; YOU are a menl nia 13eac.@ Citv Council (the t'@ouncilit). William for rezoning' @f a Parcel of land -,hat he Owns (*the unil YOU and Your husband Own severpi rental dwelling Acc Idiately adjacent to, the !)r;nkwatez. property. p@c re,, ct' "'are an.pear to be at least 12 -other "le@arer e-' are comparable to that of Your Pare Is and at least 16 whose loca on is - @k pare OmDarable to that of you_, @ ird paxcel. @h You ask whether- the Act prohi' its You from Da--Iticipating in the I SiOns and vote on -Mr. Drinkwaier's a) @ouncil's di3c@- gus* 24, '-- 990, the Comm Ppiica-4ion for rezo , Illng. Irl. an ooinior dated Au- ,,nwealth'3 Attorney concludes that the Act requires'you to declare Your personal ;nte!,Llst in the rezoning transaction and to disqualify yoursele from Participation in the COuncills discussion and Vote. 11- ADD icable StartitLs A. fl-nitio@ As a member of the Council, YOU are an lofficern subject to the Ac-'s prohibitions ' of a local "90ver-IMental agency," and restrictions See S Vale application seeks to rezone the Drinkwater Property from the R-5D (single fami- IY/dLiD!ex SOO scuare f@t lot) classification -a the O-'7- (office) <!@iffeation. ---------- The Honorable Nancy K. Parker September 20, 1990 Page 2 A 'Personal irterest" is defined in 9 2.1-639.2 as a financial benefit or liability accruing to an officer or emplovee or to a member of his immediate family. Such interest s@ exist b-y reason of (I) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (11) annual income that exceeds, or may rea- sonably be anticipated to exceed, $lo,ooo from ownership In real or personal property or a business; (III) salary, other compensation, fringe benefits, or benefits from the use of property, or any combination thereof, paid or oro- vided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) owner3hiD of real or Demonal procerty if the interest exceeds $10,000 in value and excluding ownershio in a business, income, or salary, othe, compensation, fringe benefits or benefits from the @e of property; or (v) pe-so@ liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business. A "transaction" is defined as "any matter considered by any governmental or advi- sory agency, whether in a committee, subcommittee, or other ent;@y of that agency or before the agency on which official action is taken or contemplated." Id. A "ne@orial interest in a transactions is defined in S as a oe.@onal interest of an officer or employee in any matter considered by his a.g ency. Such personal Interest 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 or business (I) is the subject of the transaction or (11) may realize a reasonably foreseeable direct or indirect benefit or detri- ment as a result of the action of the agency considering the transaction. B. an actions Section 2.1-639.11(A) restricts the ability of an officer to particinate in an official transaction before his agency when the officer has a personal interest in the transaction. If the Transaction anplies solely to prooerty or a business In which the officer has a per- sonal Interest, 9 2-f-639.11(A)(1) requires the officer's disqualification from participation in the transaction and the recordation of that disqualification. If the transaction affects a group of individuals or businesses and the officer is a member of that g.-oup or has a personal interest In a business that is a member of the group, 5 2.1-639. I i(A)(1.) provides that the officer 11[mlay palrticinate in the transaction if he is a member of a .. group the members of which are affected by the transaction, and he complies with the deci@ Zion requirements of [S Section 2.1-639.1'(A)(3) permits the officer to participate in the transaction, without any disclosure or declaration requirements, if the transaction affects the public generally, even though the personal interest of the officer, as a member of the public, also may be affected. Section 2.1-639.14(G) provides: z The I-Ionarable Nancy K. Parker- September 20, 1990 Page 3 An officer or employee Of local government who is required to declare his interest pursuant to 5 2.1-639.11(A)(2) shall declare his interest by stating (1) the transaction involved, (11) the nature of the officer's or employee's per- sonal Interest affected by the transaction, (III) that he Is a member of a business, profe@ion, occupation, or group the members of which &--a affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. @he officer or emoloyee shall either make his declaration oraey to be recorded in written minutes of his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, In either case, retain and nake available for public Inspection such declaration for a period of five years from the date of recordi @g or receipt. If reason- able t,.me is not available to comply with the provisions of this subsection prior to partic;Dation in the transaction, the officer- or emoloyee shall pre- pare and file the -equired declaration by the end of the next business day. TTT. or ourp-oses of the Act, a husband and wife are treated as one oe.@on, and the per- sonal interests of one snouse are imputed to the other. See 5 2.-;-639.2 ("immediate family," it ne-sonal interest"). You have a personal interest in the pronerty owned by you and you: hu§band because vour interest in that property exceeds $10,000 in value. See In the facts you present, the transaction is the deliberation and vote by the Council on Mr. Drinkwater's !-ezoning application. You have a pe@-anni interest In the transaction if the Councills actions will have a "reasonably fore5eeable" direct or indirect effect on your property. See Id. Because the rezoning of the Drinkwater property could effect the values of neigh- boring properties, you and your husband "may realize a reasonably foreseeable direct or indirect benefit or detriment' as a result of the action of the Council. It is my opinion, therefore, that you have a personal interest in the Council's consideration of the rezoning application. The transaction before the Council does not, however, apply solely to your property, necessitating your disqualification pursuant to S 2.1-639.11(A)(1). Id. ("personal 'Interest in a tr@action"). Section provides that a local government officer "fmlay participate in *he transaction if he is a member of a group the mem- bets of which are affected by the transaction, and he compiles with the declaration requirements of IS 2.1-639.14(G)]," You are a member of a group of owners of prooerties in the vieln-4ty of the Drinkwater property who will be similarly affected by the Councills vote on the rezoning. There are at least 12-16 other parcels whose locations in relation to the Drfnkwater property &re comparable to yours. It Is further my opinion, therefore, that you may participate in the Council'3 discussion and vote concerning the rezoning application, as long as you comply with the disclosure and declaration requirements of S 2..I-639.14(G). 2For purposes of this oninion, I assume that the rental dwellings owned by you and your husband each exceed ilB,000 in value. 3E= 'qn @TT,--Fr@E -,E:,'-IE@@L P. I The Honorable Manc!y R. Parker September 20, 1990 Page 4 Our system of government is dependent In large part upon Its ftlzens' maintaining the highest trust In their public officials. The conduct and character of public officials I; of particular concern to state and local governments, because it is chiefly through that conduct and character that the governrnent's reputation is derived. The purpose of the conflict of interests law is to assure the citizens of the Commonwealth that the judg- ment of public officers and employees will not be comoromised or affected by inappro- prf ate conflicts. To this end, the Act def Ines certain standards or types of conduct which clearly are improper. The law cannot, however, protect against all appearances of con- flict. It Is incumbent upon you, therefore, in the performance of your duties as a mem- ber of the Council, to evaluate whether your discussions or vote on the Drinkwater rezoning application will present an appearance of impropriety which you find unaecept- able and which will affect the confidence of the public in your ability to perform your duties on the Council impartially. With kindest regards, I am Sincerely, Mary Sue Terry Attorney General 5:63/333-A24 - 26 - Item II-K.l.g PUBLIC HEARING ITEM # 34620 PLANNING The Honorable Moody E. "Sonny" Stallings, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application of R. G. MOORE BUILJ)ING CORPORATION for a modification to the OCEAN LAKES MASTER PLAN to allow an increase in density on Parcel A-2. ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A MODIFICATION TO THE OCEAN LAKES MASTER PLAN TO ALLOW AN INCREASE IN DENSITY ON PARCEL A-2 Ordinance upon application of R. G. Moore Building Corporation for a modification to the Ocean Lakes Master Plan to allow an increase in density on Parcel A-2 on property located on the east side of Bold Ruler Drive, 1564.9 feet south of Dam Neck Road. The proposed Ocean Lakes Master Plan change to increase density is for multi-family residential land use at a density no greater than 17.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for Suburban High Density Residential at densities that are compatible with single-family use in accordance with other plan policies. Said parcel contains 20.791 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Item II-L. CONSENT AGENDA ITEM # 34621 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5 and 6 of the CONSENT AGENDA. Item II-L.2 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 28 - Item II-L.l. CONSENT AGENDA ITEM # 34622 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Request by the School Administration to modify Ferrell Parkway Phase V Project re provision of an additional entrance and median break to Kellam High School. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item II-L.2. CONSENT AGENDA ITEM # 34623 Flo McDaniel, represented the Resort Leadership and requested the Item be DEFERRED until the group can determine their position. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council DEFERRED: Ordinance to AWND and REORDAIN Section 23-60 of the Code of the City of Virginia Beach, Virginia, re vending machines on private property. The Resort Leadership Council will determine their position concerning this Ordinance and advise City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item II-L.3. CONSENT AGENDA ITEM # 34624 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED, upon SECOND READING: Ordinances, to APPROPRIATE re FY 1991-1992 School Budget Funds: Cafeteria Enterprise $13,531,790 Grants $10,502,760 Textbook $ 2,490,900 Athletic $ 302,680 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO APPROPRIATE 2 $13,531,790 FOR THE FY 1991-92 SCHOOL 3 CAFETERIA ENTERPRISE FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School Board 5 expenditures of funds generated by the sale of cafeteria meals require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a cafeteria meal program 8 whereby meal income is deposited in a cafeteria enterprise fund and purchases 9 of foods and other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a Cafeteria Enterprise Fund budget 11 for FY 1991-92 in order to comply with the Attorney General's opinion; 12 WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board 13 included total revenues of $13,531,790 and total disbursements of $13,531,790 14 for fiscal year 1991-92. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA that funds in the amount of $13,531,790 be appropriated for the 17 School Cafeteria Enterprise Fund budget in the manner approved by the School 18 Board. 19 BE IT FURTHER ORDAINED that this appropriation be financed by estimated 20 revenues of $13,531,790 in the School Cafeteria Enterprise Fund. 21 This ordinance shall be effective from the date of its adoption. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 2 day of July 1991. June 25, 1991 24 FIRST READING: 25 SECOND READING: July 2, 1991 AS' CIEI *ALTO C. JR. OME OF BUDW AND EVAL.UATION 1 AN ORDINANCE TO APPROPRIATE 2 $10,502,760 FOR THE FY 1991-92 3 SCHOOL GRANTS FUND 4 WHEREAS, the Virginia Beach School Board has been notified that it will 5 receive funds of $10,502,760 through special federal categorical grants for the 6 school year 1991-92; 7 WHEREAS, these funds were not included in the FY 1991-92 School Operating 8 Budget approved by City Council; 9 WHEREAS, the School Board approved this funding and requests that City 10 Council appropriate these funds; 11 WHEREAS, it is desirable and necessary for the City Council to appropriate 12 these funds prior to incurring of expenditures. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA that funds in the amount of $10,502,760 be appropriated for 15 school purposes for FY 1991-92. 16 BE IT FURTHER ORDAINED that this appropriation be financed by estimated 17 revenues of $10,502,760 from the federal goverrunent in the School Grants 18 Fund. 19 BE IT FURTHER ORDAINED that this appropriation is authorized subject to 20 the expenditures being incurred with no local match. 21 This ordinance shall be effective from the date of its adoption. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 2 day of July 1991. 24 FIRST READING: June 25, 1991 25 SECOND READING: July 2, 1991 AS' icl@@i A L@T E R C'-.-K R A@E M E F@k@J F t. OFME OF BUOM AND EVALUATION 1 AN ORDINANCE TO APPROPRIATE 2 $2,490,900 FOR THE FY 1991-92 3 SCHOOL TEXTBOOK FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School Board 5 expenditures of funds generated by the rental of textbooks require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby 8 rental income is deposited in a textbook fund and purchases of textbooks and 9 other related expenses are paid from this fund; 10 WHEREAS, the School Board has submitted a School Textbook Fund budget for 11 FY 1991-92 in order to comply with the Attorney General's opinion; 12 WHEREAS, the School Textbook Fund budget approved by the School Board 13 included total revenues of $2,490,900 and total disbursements of $2,490,900 for 14 fiscal year 1991-92. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA that funds in the amount of $2,490,900 be appropriated for the 17 School Textbook Fund budget in the manner approved by the School Board. 18 BE IT FURTHER ORDAINED that this appropriation be financed by estimated 19 revenues of $2,490,900 in the School Textbook Fund. 20 This ordinance shall be effective from the date of its adoption. 21 Adopted by the Council of the City of Virginia Beach, Virginia on the 22 2 day of July 1991. 23 FIRST READINC: June 25, 1991 24 SECOND READING: July 2, 1991 ASM C.KRkEMER.JR. OFFICE OF SUDGER AND EVALUATION I AN ORDINANCE TO APPROPRIATE 2 $302,680 FOR THE FY 1991-92 3 SCHOOL ATHLETIC FUND BUDGET 4 WHEREAS, the School Board expenditures of funds generated by the sale of 5 admissions to high school basketball, football, gymnastics, wrestling, and soccer 6 events require an appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has an athletic program whereby 8 admissions income is deposited in an athletic fund and disbursements from this 9 account are used to purchase athletic equipment and uniforms, to pay officials, 10 and to provide miscellaneous supplies; 11 WHEREAS, the School Board has submitted an Athletic Fund budget for FY 12 1991-92; 13 WHEREAS, the Athletic Fund budget approved by the School Board included 14 total revenues of $302,680 and total disbursements of $302,680 for fiscal year 15 1991-92. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA that funds in the amount of $302,680 be appropriated for the 18 School Athletic Fund budget in the manner approved by the School Board. 19 BE IT FURTHER ORDAINED that this appropriation be financed by estimated 20 revenues of $302,680 in the School Athletic Fund. 21 This ordinance shall be effective from the date of its adoption. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 2 day of July 1991. 24 FIRST READING: June 25, 1991 25 SECOND READING: July 2, 1991 0 TO APPFTOVED AC, FICI WALTER 0. KRAEMER, JR. OFFIOE OF AND EVALUATION - 31 - Item II-L.4. CONSENT AGENDA TTEM # 34625 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, upon FIRST READING: Ordinance to provide $500,000 to the Marine Science Museum Expansion (CIP 3-002) re continuation of building and exhibits design by borrowing $450,000 from Resort Streetscape Improvements (CIP 2-049); and, APPROPRIATE $50,000 from Marine Science Museum Enterprise Fund Retained Earnings. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO PROVIDE $500,000 TO THE MARINE SCIENCE 2 14USEUM EXPANSION DESIGN CIP PROJECT 03-002 BY BORROWING 3 $450,000 FROM RESORT STREETSCAPE IMPROVEMENTS CIP PROJECT 4 #2-049 AND APPROPRIATING $50,000 FROM MARINE SCIENCE 14USEUM 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 VIRGINIA, 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 - 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: APP@1) AS WALI - 32 - Item II-L.5. CONSENT AGENDA ITEM # 34626 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $137,694 to the Sheriff's Operating Budget re supplementing increased cost of camera equipment and to cover overtime and uniforms expenses; and, increase estimated revenues from the Federal Government by $137,694. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 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 irunates 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 IT 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 day of , 1991. 21 This ordinance shall be in effect from the date of its adoption. 22 First Reading: 2 July 1991 23 Second Reading: WALTM C. It JR@ OWe OF WOOfft AND KV&"TK i )KPPROVED AS Td - 33 - Item II-L.6. CONSENT AGENDA ITEM # 34627 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, upon FIRST 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; and, increase estimated revenues from the Federal Government by $5,757. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 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 _ day of 1991, by the Council of the City of 28 Virginia Beach, Virginia. 29 First Reading: July 2, 1991 30 Second Reading: AS AND evALUAnolq - 34 - Item II-N.l. NEW BIJSINESS ITEM # 34628 Dado Paris, 5864 Brockie Street, 479-4540, represented the Philippine-American Community. Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council ADOPTED: Resolution supporting the Hampton Roads Philippine - American community disaster relief effort for Mt. Pinatubo victims. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 A RESOLUTION IN SUPPORT OF THE RELIEF 2 CAMPAIGN FOR MT. PINATUBO VICTIMS 3 4 WHEREAS, the City of Virginia Beach enjoys close ties with the 5 Hampton Roads Philippine - American community, many of whose 6 members are our friends and neighbors; 7 WHEREAS, the Republic of Philippines has suffered several 8 natural disasters in close succession, the most recent and 9 devastating of which has been the catastrophic eruption of Mt. 10 Pinatubo which has inflicted immeasurable human suffering and 11 property damage in the Pampanga and Zambales provinces; 12 WHEREAS, the Hampton Roads Philippine - American community 13 has undertaken a disaster relief campaign to assist their families, 14 friends and former countrymen who are victims of the catastrophe. 15 NOW THEREFORE, be it resolved by the Council of the City of 16 Virginia Beach, Virginia: 17 That City Council hereby expresses heartfelt support for the 18 Philippine disaster relief effort, and urges all of the citizens 19 of Hampton Roads to respond to requests for medical supplies, food 20 and clothing for the Hampton Roads/ Pinatubo relief effort. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, this 2 day of July 1991. CA-4327 R-2 \noncode\pinatubo.res - 35 - Item IT-N.2. NEW BUSINESS ITEM # 34629 ADD-ON Councilman Jones distributed: Resolution to Direct the City Manager to Bring Forth Certain Recommendations when presenting the Capital Improvements Project Budget A N D, Resolution to Restrict an increase in Debt Service from being incurred except for certain projects. The City Manager is directed, as part of the presentation on the Captial Improvements Project Budget, to bring forth certain alternatives based upon certain annual growth assumptions that were presented in the Update of 1990 Debt Capacity Repori as follows: Borrowing plan alternatives based upon the extension of the current Capital Improvement Projects Budget. Borrowing plan alternative based upon the annual moderate growth assessed valuation assumptoion Borrowing plan alternatives based upon cutting $200,000,000 from the full borrowing plan as presented in the report. These Resolutions were requested by Council Members Louis Jones and Harold Heischober. Council Members Jones and Heischober requested these items be SCHEDULED for the City Council Session of July 9, 1991. - 36 - Item II-N.3. NEW BUSINESS TTFM # 34630 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council AuTHORiZED the City Manager to assist Hampton Roads Chamber of Commerce Co-sponsor the "Mother of All Homecomings" scheduled to be held in Virginia Beach on July 21, 1991; and, Waive the special events permit fee Provide City liability insurance coverage Provide traffic control measures Provide minor site services The Hampton Roads Chamber of Commerce, in conjunction with the Virginia Pilot/Ledger Star and the U.S. Navy, organized a Committee to plan free regional homecoming events for the troops of Desert Storm. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item TT-N.4. NEW BUSINESS ITEM # 34631 ADD-ON The Southeastern Public Service Authority has been examining several alternatives for its long range waste disposal needs. SPSA at its June 26, 1991, meeting distributed information relative alternative disposal options and a second document showing member local government financial impacts. Mayor Oberndorf distributed this information to City Council. The following alternative sites are being examined: A landfill in Camden County, North Carolina A landfill in Chesapeake A waste to energy/landfill/recycling facility in Isle of Wight County A waste to energy facility in Portsmouth with additional landfill capacity elesewhere. Expansion of the current landfill in Suffolk. Durwood Curling, Executive Director, Southeastern Public Service Authority, will present information regarding these alternative sites at the City Council Session of August 6, 1991. - 38 - Item II-N.5. NEW BUSINESS TTElq # 34632 ADD-ON Councilwoman Parker, during the City Council Session of June 25, 1991, distributed information on various issues and positions of the Education Committee of the Virginia Municipal League. Councilwoman Parker had requested City Council provide their comments. Councilwoman Parker again referenced these items and requested City Council's advice. - 39 - Item II-N.6. NEW BUSINESS ITEM # 34633 ADD-ON Counclman Clyburn referenced the memorandum from the Parks and Recreation administration relative the Public Meeting on June 27, 1991, with interested parties of the Kempsville Greens Golf Course and community. A DRAFT letter to the residents accompanied by the Minutes of said Meeting was also enclosed. Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Council AUTHORIZED the City Manager: To revise the City Staff's letter regarding Kempville Greens Golf Course, giving a time line and forward same to the homeowners. The Thirteenth hole shall be redesigned in accordance with the recommendations of the professional golf architect. Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Mayor Meyers E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne and Reba S. McClanan Council Members Absent: None - 40 - Item II-N.7. NEW BUSINESS ITEM # 34634 ADD-ON Mayor Oberndorf referenced correspondence from Kemspville True Value Hardware relative obtaining relief from overly restrictive State Health Department Rgulation on Class IV (irrigation wells/non drinking water wells). The letter requested City Council's support in appealing to the the Health Department and the Citizens' Board. - 41 - Item II-N.8. NEW BUSINESS ITEM # 34635 ADD-ON Councilwoman McClanan referenced the situation concering the watercraft at Sandbridge. Councilwoman McClanan will SCHEDULE for the City Council Session of July 9, 1991, an Ordinance to AMEND the City Code to address not allowing motorized personal watercraft or motorized recreational vessels to be launched from the beach at Sandbridge from Dam Neck to Little Island. - 42 - Item II-N.9. NEW BUSINESS ITEM # 34636 ADD-ON Vice Mayor Fentress distributed a copy of a letter from Mr. Arthur K. Fisher, County Administrator of Accomac, Virginia, requesting City Council prepare a Resolution similar to the one adopted by the Accomac Board of Supervisors regarding the right of participation in the Virginia Retirement System for Members of City Councils and Boards of Supervisors in the Commonwealth. Vice Mayor Fentress read the proposed Resolution and requested this item be SCHEDULED for a City Council Session in August 1991. - 43 - Item II-N.10. NEW BUSINESS ITEM # 34637 ADD-ON Councilwoman Parker referenced correspondence from residents of Buzzard Neck Road, who will lose their homes as a result of the change in the road (ITEM # 34459, Page 15, City Council Session of May 28, 1991). Councilman Lanteigne and Arthur Shaw, City Engineer, have arranged a meeting with the residents. - 44 - Item 11-0.1. ADJOURNMENT ITEM # 34638 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 5:15 P.M. Bever O@@ Chief Deputy City Clerk R,6th HodgesSmith, CMC/AAE b City Clerk elercoe. 01@r-nd@r-f yor City of Virginia Beach Virginia