DECEMBER 19, 1988 MINUTES
"WORLD'S LARGEST RESORT Ciw"
CITY COUNCIL
-- @EM E@
@ICE MAYOR E. FE@M@, -h @@h
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JOHN L PE-1.
-..S, JR, @l 281 CM HALL BUILDING
MUNICIPAL CENTER
.UB-y I --, j@, I:i@ M@-@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-@2
.1-1, @i,, @@@ (804) 427-4303
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DECEMBER 19, 1988
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Roorn - 12 NOON
A. CITY COUNCIL CONCERNS
ITEM 11. INFORMAL SESSION - Conference Room - 1:00 pM
A. CALL TO ORDER - Mayor Meyera E. Obe,nd,rf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend William Dale
Church of the Ascension
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INTERVIEW OF SCHOOL BOARD APPLICANTS - December 9, 1988
2. INFORMAL & FORMAL SESSIONS - December 12, 1988
E. PUBLIC HEARING
1. PLANNING
a. Application of MRS. RUTH V. PEELE and MRS. LILLIAN MUMFORD for
a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires all lots created by subdivision to meet all
requirements of the Subdivision Ordinance (738 Newtown Road)
(BAYSIDE BOROUGH).
Recommendation: WITHDRAWAL
b. Application of A. R. C., INC., for a
Classificatlon from R-5D Residential District to B-2 Community
Business District o property located on the North side of
Kempsville Road, 602 feet West of Centerville Turnpike,
containing 7.983 acres (KEMPSVILLE BOROUGH).
Referred back to Planning Department August 22, 1988
Recommendation: WITHDRAWAL
c. Application of J. M. BRIGGS for a Conditional Use Permit for a
car wash and mini-warehouse on the North side of Virginia Beach
@oulevard, 180 feet East ot Louise Avenue (1612 Virginia Beach
Boulevard), containing 27,442.8 square feet (LYNNHAVEN
BOROUGH).
Deferred November 28, 1988
Recommendation: APPROVAL
d. Application of FRIENDS OF INFANT STIMULATION, INC., for a
Conditional Use Permit for a child education center on the West
side of N. Great Neck Road, YO feet more or less South of
Millwood Road containing 7.6 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of COX CABLE HAMPTON ROADS, INC., for a Conditional
Use Permit for a line-of-site relay tower the North side of N.
Muddy Creek Road, 2670 feet more or less East of Princess Anne
Road, containing 3.6 acres (PUNGO BOROUGH).
Recommendation: APPROVAL
f. Application of PACE COLLABORATIVE, P.C., for a Change of Zoniga
District Classification from R-5D Residential Duplex District
to 0- 1 Of f i ce D! t i ct on th@East s 1 de of Grayson Road , 400
feet North of Bonney Road, containing 1 acre (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
g. App I i cat 1 on of U. S. HAB I TATS, a V i rg i n i a Genera I Pa rtnersh i p,
for a Conditional Use Permit for a recreational facility other
than those of an outdoor nature (shootinq ranqe) on the NortE
side of Holland Road, -5UU teet more or less West ot Windsor
Oaks Boulevard (3972 Holland Road), containing 2.74 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
h App] ication of EIGHT D CORPORATION for a Conditional Zoning
Classification from ural Distri @t to
Business District at the Northeast corner of General Booth
E-oulevard and Culver Lane, containing 5.38 acres (PRINCESS ANNE
BOROUGH).
Recommendation: DENIAL
F. RESOLUTIONS/ORDINANCES
1. CHARTER AMENDMENTS
a. Resolution requesting the General Assembly to amend the Charter
of the City of Virginia Beach to empower the City to levy and
collect a special sales tax.
b. Resolution requesting the General Assembly to amend the Charter
of the City of Virginia Beach to empower the City to adopt
zonlng regulations which will provide for the transfer of
development rights from one property to another.
c. Resolution requesting the General Assembly to amend the Charter
of the City of Virginia Beach to empower the City to make
reasonable provision for the amortization of billboards and
nonconfoming signs.
d. Resolution requesting the General Assembly to amend the Charter
of the City of Virginia Beach to empower the City to adopt
certain fire safety regulations.
2. CAPITAL IMPROVEMENT PROGRAM
a. Ordinance upon SECOND READING to adopt the FY 1988-89/FY 1992-
93 Capital Improvement Program and to appropriate $310,668,574
for the FY 1988-89 Capital Budget subject to funds being
provided from various sources set forth therein.
b. Ordinance upon SECOND READING to AMEND and REORDAIN Section
35-137 of the Code of the City of Virginia Beach, Virginia, re
the 4.5 percent tax levy on Restaurant Meals.
c. Ordinance upon SECOND READING to AMEND and REORDAIN Section
35-159 of the Code of the City of Virginia Beach, Virginia, re
the 4.5 percent tax levy on Hotel/Motel Lodging.
d. Ordinance upon SECOND READING authorizing the issuance of
General Obligation Bonds ot the City of Virginia Beach,
Virginia, in the maximum amount of $26,300,000 for various
public facilities and general improvements.
e. Ordinance upon SECOND READING authorizing the issuance of water
and sewer system Revenue Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $17,800,000.
f. Ordinance upon SECOND READING establishing the 92.2 cenfs tax
levy on real estate for tax fiscal Year 1989.
g. Ordinance upon SECOND READING authorizing the issuance of
General Obligation Bonds in the maximum amount of $8,000,000
for road, highway and bridge purposes.
3. Resolution approving "Alternate All of London Bridge Road Phase I
(CIP 2-055) and authorizing procedure with design and right-of-way
acquisition.
4. Ordinance upon SECOND READING to APPROPRIATE $68,994 to the
Sheriff's Department for a food services contract.
5. INDUSTRIAL DEVELOPMENT REVENUE BOND
Resolution approving the refunding, by Portsmouth Redevelopment
and Housing Authority, its 1985 Housing Bond:
Regency Apartments Associates, Ltd. $28,150,000
G. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered 1 n the
ord i nary course of bus 1 ness by Ci ty Counc i I and w i I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it w i I I be d i scussed and voted upon separate I y.
1. Resolution appointing School Board Members for a term of three
years, starting January 1, 1989, pursuant to Section 22.1-29.1,
Code of Virginia.
2. Ordinance to AMEND and REORDAIN Section 13-4 of the Code of the
City of Virginia Beach, Virginia, re Food Service Manager's
certification.
3. Ordinance consenting to the mortgage, by Resort Satellite
Communications, Inc., of its Cable Television System for the
purpose of obtaining funds to finance the building out of the
system.
4. Ordinance upon FIRST READING to APPROPRIATE $30,000 to the
Sandbridge Vol@unteer Rescue Squad for a new ambulance.
5. Ordinance upon FIRST READING to APPROPRIATE $61,480 to the
Department of Mental Health/Mental Retardation and Substance Abuse
tor enhancements to Detox Services.
6. Ordinance authorizing and directing the City Manager to execute a
Cost Participation Agreement with Lakeside Construction Corporation
for construction of certain water facilities (Red Mill Farm Phase
3-C) (PRINCESS ANNE BOROUGH).
7. Utility Projects for 51% Neighborhood Participation
a. Highland Acres Sanitary Sewer $1,370,000.00
b. Old Princess Anne Water and Sanitary Sewer $ 130,000.00
8. BINGO/RAFFLE PERMITS
DIAMOND SPRINGS GARDENWOOD PARK BINGO
OSIA ROMA LODGE #254 BINGO
CENTRAL BUSINESS DISTRICT ASSOCIATION RAFFLE
OF VIRGINIA BEACH
GREEN RUN ATHLETIC BOOSTER CLUB RAFFLE
LIFE SAVING MUSEUM OF VIRGINIA RAFFLE
TIDEWATER DOWN SYNDROME SUPPORT GROUP RAFFLE
VIRGINIA BEACH ORCHESTRA ASSOCIATION RAFFLE
CHESAPEAKE BAY SKATING CLUB BINGO/RAFFLE
OLD DOMINION AQUATIC CLUB BINGO/RAFFLE
9. Ordinance authorizing tax refunds in the amount of $4,820.40.
10. Ordinance authorizing license refunds in the amount of $4,542.89.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrgfnla Beach, Vlrginia
December 19, 1988
The VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hal I Bul Iding, on Monday, December 19,
1988,at 12:00 NOON
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E.
Oberndorf , John L. Perry and W! I I lam D. Sessoms, Jr.
Council Members Absent:
Councilwoman Nancy K. Parker (Out of the City.
ENTERED Formal Session: 3:25 P.M.)
- 2 -
C I T Y 14 A N A G E R ' S B R I E F I N G
CENTERVILLE TURNPIKE
Itei,,i # 30524
John lierzke, 1'ral-fic Engineer, advised the Centerville Turnpike Phase I
Project, as proposed in the Capital Improvement Program is a four-lane divided
Iii@hway between Indian River Road and Kempsville Poad along a relocatc-,d
al?
ignment ttirou-.h the CBN University site ard alo,@ig the existing Centerville
Turnpike al-@Ignment frori Jake Sears Road to Kernpsville Road. City Council is naiv
considering modifying the project to first extend tlie existing tivo lanes of the
reiocated Centerville Turnpike along tlie new alignment to tie to the exi-sting
Centerville Turnpike in the vicinity of Jake Sears Road. The traffic signal at
the existing Centerville Turnpike Intersection with Indian River Road will be
removed and all left turping movements prohibited at the intersec,lion.
Concurrent with tliese improvements, Indian River Road is proposed to be widened
to a six-lane divided highway between Kerqpsville Road and the relocated
Centerville Turnpike. Irdian River Road, between the relocated Centerville
Turnpike and the Interstate 64 interchange, is proposed to be widened to an
eight-lane divided highway. t@lidening of the six-lane seCt4on of Indian River
will be within the existin- roadway median. Widening of the eight-lane section
will involve construction both inside and outs4lde of the existing four lanes,
and will require sor,,e additional right-of-way. The additional two lanes of
Centerville Turnpike to provide an ultimat-- foi.,r-lar,.e dividecl highway frop.1
Indian River Road to Ker,,psville Road is riow proposed to be coristructed beyond
1993.
John Ferzke reiterated the second option to install a directionalized left turn
lane to alloii traffic to turn into Strickland Boulevard.
A third option would add a two phased signal. Good progression could be
iiiain"ained with a two-phased signal.
A fourtli option would be to provide a cul-de-sac for Centerville Turnpike an
the side denoted by John Herzke and create a "T" intersection with a traffic
signal.
The main thrust is to maintain a progression on Indian R"ver Road.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
Item # 30525
Counc i I man Ba I ko aga i n rEf erenced pet 1 t i ons rece i ved re I at i ve Great Neck Road
After discussions with City Staff and the citizens, the name "West Great Neck
Road" appears to be acceptable for the old road leading out from the Lesner
Bridge to Shore Drive. The new road will be North Great Neck Road as previously
mentioned.
ITEM # 30526
Councilman Baum advised Robert Matthias, Intergovernmental Relations Co-
ordinator, attended an informal meeting of the City relative 'Transfer of
Development Rights". Councilman Baum distributed Robert Matthias's comments
relative this meeting.
ITEM # 30527
Councilwoman McCianan advised litigation is no longer in process concerning
Mrs. Brock and her septic tank. Councilwoman McClanan referenced a proposed
Resolution requesting the State's decision be aftered concerning this.
Councilwoman McClanan requested this Resolution be an ADD-ON to the Agenda.
Councilman Perry expressed appreciation to Councilwoman McClanan for the
suggested Resolution requesting the State Health Department to issue Mrs. Mamle
Brock a septic tank permit. There are no wells on this lot. All adjoining
residents have had City Water since 1972.
Councilman Perry inquired as to the charge of $5,000 by Attorney Grover Wright.
ITEM # 30528
Councilwoman McC[anan referenced applications of SHIPPS CORNER NURSERY COMPANY
for Changes of Zoning District Classification (PRINCESS ANNE BOROUGH): From
AG-1 Agricultural District to 1-2 Heavy Industrial District, on property
located 600 feet North of Shipps Corner Road, 530 feet more or less East of
London Bridge Road, containing 1.566 acres more or less; AND, trom AG-2
Agricultural District to 1-2 Heavy Industrial District, on property located on
the North side of Shipps Corner Road, 250 feet East of London Bridge Road,
contalning 13.179 acres more or less. On October 24, 1988, City Council
DEFERRED this item until January 23, 1989.
Councilwoman McClanan wished this item be SCHEDULED for the January 9, 1989
AGENDA and requested this item be ADDED to the AGENDA.
ITEM # 30529
Councilwoman McCianan referenced the Resolution approving "Alternate All of
London Brldge Road Phase I (CIP 2-055) and authorizing procedure with deslgn
and right-of-way acquisitlon. (See Item 111-F.3 RESOLUTIONS/ORDINANCES).
Councllwoman McClanan requested this item be DEFERRED as per request of a
number of her constltuents, Counci lwoman McCianan wi I I request this item be
DEFERRED until January 9, 1989.
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 30530
Mayor Oberndort referenced letters from Councilwoman Nancy Parker. Councilwoman
Parker was ABSENT as the Virginia Appointees for the Local Government Advisory
Committee for the Chesapeake Bay were requested to meet with Governor Baliles.
Councilwoman Parker wished to share letters recelved from a Second Grade Class
at Cooke Elementary School for the City Council to peruse at their leisure.
Councilwoman Parker had make a presentation to this Class.
ITEM # 30531
Mayor Oberndorf advised during the FORMAL SESSION, she wl I I announce a CITY
EMPLOYEE HOLIDAY on December 23, 1988. This was in accordance with City Code
Section 2-83.
ITEM # 30532
Mayor Oberndorf advised City Counci I wi I I RECESS for a HOLIDAY LUNCHEON ( 1 :02
P.M.) prior to the EXECUTIVE SESSION.
- 5 -
ITEM # 30533
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Monday, December 19, 1988, at 1;20 P.M.
Council Members Present;
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker
- 6 -
ITEM # 30534
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci 1 to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL t4ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disclpl ining or
resignation of public officers, appointees or employees.
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 etfect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council voted to proceed Into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 19, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui lding, on Monday,
December 19, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker Out of the City.
ENTERED: Formal
Session at 3:25 P.M.
INVOCATION: Father William Dale
Church of the Ascension
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item Iii-D.1
MINUTES ITEM 30535
Upon motion by Counci Iman Perry, seconded by Counci Iman Sessoms, City Counci I
APPROVED the MINUTES of the INTERVIEW OF SCHOOL BOARD APPLICANTS on December 9,
1988:
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, Harold Heischober, Barbara M.
Henley, Reba S. McClanan, John D. Moss, Mayor Meyera
E. Oberndort, John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum and Vice Mayor Robert E. Fentress
Council Members Absent:
Nancy K. Parker
*Councilman Baum and Vice Mayor Fentress ABSTAINED as they were absent during
the INTERVIEW OF SCHOOL BOARD APPLICANTS on December 9, 1988.
9
Item 111-D.1
MINUTES ITEM 30536
Upon motion by Counci Iman Perry, seconded by Counci Iman Sessoms, City Counci I
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of December 12, 1988:
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 10 -
Item 111-G.I.
PUBLIC HEARING ITEM # 30537
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING
(a) MRS. RUTH V. PEELE VARIANCE
and MRS. LILLIAN MUMFORD
(b) A.R.C., INC. CHANGE OF ZONING
(c) J.M. BRIGGS CONDITIONAL USE PERMIT
(d) FRIENDS OF INFANT STIMULATION CONDITIONAL USE PERMIT
(e) COX CABLE HAMPTON ROADS, INC. CONDITIONAL USE PERMIT
(f) U.S. HABITATS CONDITIONAL USE PERMIT
(g) EIGHT D. CORPORATION CONDITIONAL ZONING
CLASSIFICATION
Item III-E.l.a.
PUBLIC HEARING
PLANNING ITEM # 30538
Patricia Williams, daughter of Mrs., Lillian Mumford, represented the
appilcants and requested WITHDRAWAL
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of the application of MRS. RUTH V. PEELE AND MRS.
LILLIAN MUMFORD for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires all lots created by subdivision to meet all requirements of the
Subdivision Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivisions for Mrs. Ruth V. Peele and
Mrs. Lillian Mumford. Said parcel Is located at 738
Newtown Road. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC[anan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry * and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
*Verbal Aye
- 12 -
Item III-E.I.b.
PUBLIC HEARING
PLANNING ITEM # 30539
Attorney Robert B. Cromwe I I , Pembroke One, Phone-. 499-8971 , represented the
applicant and requested WITHDRAWAL.
Upon motion by Counc! I man Moss, seconded by Co unc l l man Ba I ko, City Co unc i I
ALLOWED WITHDRAWAL of an Ordinance upon appl ication of A.R.C., INC. for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF A.R.C., INC. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D
TO B-2
Ordinance upon appl ication of A.R.C. Inc. for a
Change of Zoning Dlstrict Classificati !on from R-5D
Residential District to B-2 Community Business
District on certain property located on the north
side of Kempsville Road, 602 feet west of
Centerville Turnpike. Said parcel contains 7.983
acres, Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC[anan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry* and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
*Verbal Aye
- 13 -
Item Ill-E.I.c.
PUBLIC HEARING
PLANNING ITEM # 30540
Attorney Grover Wright, Sui te 303 Beach Tower Bu! Id ing, 3330 Pacific Avenue ,
Phone: 428-2741, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of J. M. BRIGGS for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF J. M. BRIGGS FOR A
CONDITIONAL USE PERMIT FOR A CAR WASH AND MINI-
WAREHOUSE R012881188
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of J. M. Briggs for a
Conditional Use Permit for a car wash and mini-
warehouse on the north side of Virginia Beach
Boulevard, 180 feet east of Louise Avenue. Said
parcel Is located at 1612 Virginia Beach Boulevard
and contains 27,442.8 square feet. Plats with more
detailed information are available In the
Department of Planning. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. Category Vi landscape screening is required along
the east, west and north property lines.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. The car wash is to be closed between the hours of
10:00 p.m. and 6:00 a.m.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth Day ot December, Nineteen Hundred and Eighty-eight.
- 14 -
Item III-E.I.c.
PUBLIC HEARING
PLANNING ITEM # 30540 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 15 -
Item III-E.l.d.
PUBLIC HEARING
PLANNING ITEM 30541
M. Douglas Newton, Jr., President Friends of Infant Stimulation, Inc.,
represented the applicant.
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of FRIENDS OF INFANT STIMULATION, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FRIENDS OF INFANT
STIMULATION, INC. FOR A CONDITIONAL USE PERMIT FOR
A CHILD EDUCATION CENTER R012881189
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatlon of Friends of Infant
Stimulation, Inc., for a Conditional Use Permit for
a child education center on certain property
located on the west side of North Great Neck Road,
90 feet more or less south of Mi I [wood Road. Said
parcel contains 7.6 acres. Plats with more detal led
information are available in the Department of
Planning. LYNNHAVEN BOROUGH
The following condition shall be required:
1. The uti I ization of Best Management Practices for
control I ing stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the
Nineteenth Day of December, Nineteen Hundred and Eighty-eight.
- 16 -
Item Iii-E.I.d.
PUBLIC HEARING
PLANNING ITEM # 30541 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 17 -
Item III-E.I.e.
PUBLIC HEARING
PLANNING ITEM # 30542
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant. A petition in favor of the application was
presented and is hereby made a part of the record
Frank Bowers, Vice President and General Manager, Cox Cable Hampton Roads,
Inc., represented the applicant
The City Clerk referenced letters in OPPOSITION from James A. Lane, Maureen
Barlow, Larry and Deborah Stewart. (Said letters are hereby made a part of
the record.)
For the record, Mayor Oberndorf advised the City Council has no control over
the rate increases of Cox Cable. These rate increases are governed by the
Federal Government's rules and regulations and Cox Cable.
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED an Ordinance upon application of COX CABLE HAMPTON ROADS, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF COX CABLE HAMPTON
ROADS, INC. FOR A CONDITIONAL USE PERMIT FOR A
LINE-OF-STTE RELAY TOWER R012881190
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of Cox Cable Hampton
Roads, Inc. for a Conditional Use Permit for a
line-of-site relay tower on certain property
located on the north side of North Muddy Creek
Road, 2670 feet more or less east of Princess Anne
Road. Said parcel contains 3.6 acres. Plats with
more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. A right-of-way reservation is required along the
site's frontage on Muddy Creek Road to upgrade this
roadway to an acceptable minimum fifty-foot (50')
right-of-way. Approximately ten-feet (10') of
right-of-way reservation is required.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth Day of December, Nineteen Hundred and Ei hty-eight.
- 18 -
Item III-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 30542 (Continued)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
Nancy K. Parker
Councilwoman Henley ABSTAINED due to business relationship with property owner.
- 20 -
Item III-E.I.f.
PUBLIC HEARING
PLANNING ITEM # 30543 (Continued)
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
DEFERRED until the City Council Meeting of January 9, 1989, an Ordinance upon
application of PACE COLLABORATIVE, P.C., for a Change of Zoning:
ORDTNANCE UPON APPLICATION OF PACE COLLABORATIVE,
P.C. FOR A CHANGE OF ZONING DISTRICT CLASSTFTCATTON
FROM R-5D TO 0-1
Ordinance upon application of Pace Collaborative,
P.C. for a Change of Zoning District Classification
from R-5D Residential Duplex District to 0-1 Office
District on certain property located on the east
side of Grayson Road, 400 feet north of Bonney
Road. Said parcel contains 1 acre. Plats with more
detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
This DEFERRAL will enable attendance of all Members of City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko," John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry* and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
"Verbal Aye
- 21 -
Item III-E.I.g.
PUBLIC HEARING
PLANNING ITEM # 30544
Attorney Kirk Levy, 5501 Greenwich Road, Phone; 499-0541, represented the
applicant.
The following also spoke in SUPPORT of the application:
Andrew S. Fink, Architect, represented the applicant, and addressed issues of
sound reflection and safety through the construction of the gun range.
Francis George Rosemond, 5333 Doon Street, Phone: 479-4268, 33 years
experience as a competitive shooter and firearms instructor.
Eugene J. Bray, Jr., 4605 Crown Point Lane, Phone 497-2123, former Virginia
Beach and Norfolk Police Officer, Security Consultant and Instructor.
OPPOSITION:
David S. Silverman, 4002 Thomas Jefferson Drive, adjacent resident of
applicant and retired Police Lieutenant with the Boston Police Department.
The City Clerk referenced letter dated Decernber 2, 1988, from Thomas C. Kyrus,
part owner of a parcel of land on Holland Road, across the street from the
subject application (Said letter is hereby made a part of the record.)
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
DENIED an Ordinance upon application of U. S. IIABITATS, a Virginia General
Partnership for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF U. S. HABITATS, A
VIRGINTA GENERAL PARTNERSHTP FOR A CONDITIONAL USE
PERMIT FOR A RECREATIONAL FACILITY OTHER THAN THOSE
OF AN OUTDOOR NATURE (SHOOTING RANGE)
Ordinance upon application of U. S. Habitats, a
Virginia General Partnership for a Conditional Use
Permit for a recreational facility other than those
of an outdoor nature (shooting range) on the north
side of Holiand Road, 300 feet more or less west of
Windsor Oaks Boulevard. Said parcel is located at
3972 Holland Road and contains 2.74 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober,* Barbara M. Henley, Reba S. McClanan,
John D. Moss, Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko and William D. Sessoms, Jr.
Council Members Absent:
None
"Verbal Aye
Councilwomar, Parker ENTERED the Formal Session at 3:25 P.M.
- 22 -
Item III-E.l.h.
PUBLIC HEARING
PLANNING ITEM # 30545
V. A. Etheridge, Jr. , 5147 Estero Boulevard, Fort Myers Beach, Florida 33931,
Phone (813) 463-0522, one of the principals of the application.
OPPOSITION:
H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858, reprsented the
Courthouse-Sandbridge Coalition of Civic Leagues.
Lou Pace, 1908 Hunts Neck Court, Phone: 486-0925, represented self
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Cuncil
DENIED an Ordinance upon application of EIGHT D CORPORATION for a Conditional
Zoning Classification:
ORDINANCE UPON APPLICATION OF ETGHT D CORPORATTON
FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2
TO B-2
Ordinance upon application of Eight D Corporation
for a Conditional Zoning Classification from- AC-2
Agricultural District to B-2 Community Business
District on certain property located at the
northeast corner of General Booth Boulevard and
Culver Lane. Said parcel contains 5.38 acres. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item III-F.I.a.
RESOLUTIONS/ORDINANCES
CHARTER AMENDMENTS ITEM # 30546
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Resolution requesting the General Assembly to amend
the Charter of the City of Virginia Beach to
empower the City to levy and collect a special
sales tax.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D.'Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE
2 GENERAL ASSEMBLY TO AMEND THE
3 CHARTER OF THE CITY OF VIRGINIA BEACH
4 TO EMPOWER THE CITY TO LEVY AND COLLECT
5 A SPECIAL SALES TAX
6 WHEREAS, in accordance with Section 15.1-835 of the
7 code of virginia, as amended, the City Council of the City of
8 Virginia Beach has held a public hearing concerning a proposed
9 amendment to the City Charter empowering the City of Virginia
10 Beach to levy and collect a special sales tax within the resort
11 area special tax district; and
12 WHEREAS, having given due consideration to the matter,
13 it is the sense of the City Council that the proposed charter
14 amendment would benefit the citizens of the city and should
15 therefore be enacted;
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
17 THE CITY OF VTRGINIA BEACH, VIRGINIA:
18 That the General Assembly is hereby requested to amend
19 Section 2.02 of the Charter of the City of Virginia Beach by
20 enacting the amendment attached hereto, pertaining to the levy
21 and collection of a special sales tax.
22 And the City Clerk is hereby directed to forward a
23 copy of this Resolution and attachment hereto to each member of
24 the General Assembly representing the City of Virginia Beach.
25 Adopted by the City Council of the City of Virginia
26 Beach on this 19 day of December 1988.
27 WMM/dhh
28 SPECTAX.RES
29 CA-88-3052
30 11/29/88
CHARTER AMENDMENT
Section 2.02. Additional Powers.
Without limiting the generality of the foregoing, but in
addition thereto, the City of Virginia Beach shall have the
following additional powers:
(f) special service district.
(6) To levy and collect a tax of one-half of one per cent
upon all sales of retail merchandise within such district;
provided, that the proceeds from such tax shall be used for no
other purpose but the funding of improvements within the
district; and provided, further, that such tax shall forthwith be
repealed upon completion of such improvements.
- 24 -
Item III"F.l.b.
RESOLUTIONS/ORDINANCES
CHARTER AMENDMENTS ITEM # 30547
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council
ADOPTED:
Resolution requesting the General Assembly to amend
the Charter of the City of Virginia Beach to
empower the City to adopt zoning regulations which
will provide for the transfer of development rights
from one property to another.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE
2 GENERAL ASSEMBLY TO AMEND THE
3 CHARTER OF THE CITY OF VIRGINIA BEACH
4 TO EMPOWER THE CITY TO ADOPT
5 ZONING REGULATIONS WHICH WILL PROVIDE
6 FOR THE TRANSFER OF DEVELOPMENT RIGHTS
7 FROM ONE PROPERTY TO ANOTHER
8
9
10 WHEREAS, on December 12, 1988, in accordance with
11 Section 15.1-835 of the Code of Virginia, as amended, the City
12 Council of the City of Virginia Beach held a public hearing
13 concerning a proposed amendment to the City Charter pertaining to
14 the transfer of development rights; and
15 WHEREAS, having given due consideration to the matter,
16 it is the sense of the City Council that the proposed charter
17 amendment would benefit the citizens of the City and should
18 therefore be enacted;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
21 THE CITY OF VIRGINIA BEACH, VIRGINIA, that the General Assembly
22 is hereby requested to amend Section 2.02 of the Charter of the
23 City of Virginia Beach by adding a subsection empowering the City
24 of Virginia Beach to adopt zoning regulations which provide for
25 the transfer of development rights from one property to another;
26 And the City Clerk is hereby directed to forward a copy
27 of this Resolution to each member of the General Assembly
28 representing the City of Virginia Beach.
29 Adopted by the Council of the City of Virginia Beach on
3 0 the 19 day of December 1988.
31
32
33 GLF/JLS
34 Date: 11/29/88
35 CA-3056
36 (TDR.RES)
Secti.on 2.02 Additional Powers
To permit or require through its zoning, sub-
division and other deve-.l.opment regu,lations: (1) the
transfer of development rights froin one parcel of land
to another; (2) restricting or prohibiting further
development of the parcel from which such rights arc
transferred; and (3) increasing the density or
intensity of development on the parcel to which sucli
rights are transferred. 'I'he City may further provide
for the method of transfer of such rights and may
provide for the granting of easements and reasonable
regulations to effect and control such transfers and
assure compliance with the provisions of such
ordinance.
- 25 -
Item 111-F.l.c.
RESOLUTIONS/ORDINANCES
CHARTER AMENDMENTS ITEM # 30548
Councilwoman Parker read her comments (expressed in her letter of December 19,
1988, to Mayor and Members of City Council).
A MOTION was made by Councilwoman Parker, seconded by Councilwoman Henley to
ADOPT a Resolution requesting the General Assembly to amend the Charter of the
City of Virginia Beach to empower the City to make reasonable provision for the
amortization of billboards and nonconforming signs.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
None
- 26 -
Item III-F.I.d.
RESOLUTIONS/ORDINANCES
CHARTER AMENDMENTS ITEM # 30549
Upon motion by Vice Mayor Fentress, seconded by Councilwoman McClanan, City
Council:
DELETED from Charter Amendments:
Resolution requesting the General Assembly to amend
the Charter of the City of Virginia Beach to
empower the City to adopt certain fire safety
regulations.
AND,
ADDED under OTHER ISSUES of the 1989 LEGISLATIVE
PROPOSALS:
Fire PrevenLion and ProLection*
i@The General Assembly should adopl changes in the
Code of Virginia that would allow all localities to
have stricter fire prevention regulations and
building requirements than are allowed under the
Uniform Statewide Building Code.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FIRE PREVENTION AND PROTECTION
The question of fire safety in Vil@ginia Beach hotels and
multi-family residences was given much attention by the media
in early 1988. Based on media attention, the City revamped
some of its inspection procedures and redesignated those
responsible for assuring Virginia Beach hotels, motels and
multi-family residences were as firesafe as allowed under the
Code of Virginia. The City Manager also appointed a
committee to examine fire safety throughout the city and their
report was made to Council in September. The comniittee in
its exa@nation came to the conclusion that under existing
Virginia law, the City on its own could not enact any fire
prevention or prqtection measures stronger than that allowed
under the Code of Virginia from which the State Uniform
Building Code is designed.
RECOMMENDATION:
The General Assembly should adopt changes to the Code of
Virginia that would allow all localities to have stricter fire
prevention regulauons and building requirements than are
aHowed under the Uniform Statewide BuRding Code. The
changes to the Code would be as stipulated.
To adopt fire safetv re s wore restrictive or
mo
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arra
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muit more thai
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buildin
in in
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pur
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con hibiting
-9
in
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o require hotels and motels previously constructed Or
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Item #12
- 27 -
Item III-F.2.a.
RESOLUTIONS/ORDINANCES ITEM # 30549
The following spoke in OPPOSITION relative to the relocation of CENTERVILLE
TURNPIKE:
Dan Diviney, 1048 Belvoir Lane, Phone: 424-3571
Bruce McAfee, 1105 Belvoir Lane, Phone: 420-3734
Tom Curran, 1401 Lake James Drive, Phone: 424-7476
Gary Nelson, 1133 Belvoir Lane, Phone: 424-0422
Rene Woodall, 5705 Russell Court, Phone: 479-0341
John H. Woodhouse, Jr., 1128 Belvoir Lane, Phone: 424-2355
Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957
Robert Blackwell, 5601 Hearth Drive, Phone: 424-1671
Evelyn D. Data, 5617 Hearth Circle, Phone: 420-7803
Mary Lee, 5633 Hearth Circle, Phone: 420-1964 (Registered in OPPOSITION but
WAIVED right to speak.)
Craig E. Langman, 1173 Belvoir Lane, Phone: 420-2355
David Lee, 5633 Hearth Circle, Phone: 420-1964 (Registered in OPPOSITION but
WAIVED right to speak.)
Ken Taylor, CBN Center, Phone: 424-7777, (Attorney for CBN) spoke in favor of
the Centerville Turnpike Relocation.
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND READING:
Ordinance to adopt the FY 1988-89/FY 1992-93
Capital Improvement Program and to appropriate
$310,668,47 for the FY 1988-89 Capital Budget,
subject to funds being provided from various
sources set forth therein.
The City shall proceed with Modifications of the Centerville Turnpike Phase I
Project as proposed by the City Manager:
Indian River Road between the relocated Centerville
Turnpike and the Interstate 64 interchange shall be
widened to an eight-lane divided highway.
Six lanes from Kempsville Road to relocated
Centerville Turnpike
The existing two lanes of the relocated Centerville
Turnpike shall be extended along the new alignment
to tie to the existing Centerville Turnpike in the
vicinity of Jake Sears Road.
(The public shall have ample time to participate in
design discussions)
- 28 -
Item 111-F.2.a.
RESOLUTIONS/ORDINANCES ITEM # 30549 (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley and John L. Perry
Council Members Absent:
None
AN ORDINANCE TO ADOPT THE
FY 1988-89/FY 1992-93 CAPITAL
IMPROVEMENT PROGRAM AND TO
"PROPRIATE $310,668,574 FOR
THE FY 1988-89 C"ITAL BUDGET
SUBjECT TO FUNDS BEING PROVIDED
FROM VARIOUS SOURCES SET FORTH HEREIN
WHEREAS, the City Manager, on November 14, 1988, presented to City
Council the Capital Improvement Program for fiscal years 1989-93, and
WHE REAS, City Council held public hearings on the program to provide
for public comment, and
WHEREAS, based on public comment, City Council has determined the need
for the projects in the Capital Improvement Program, and
WHEREAS, it is necessary to appropriate funds for Lhe projects underway
or beginning in the 1988-1989 fiscal year as set forth in said Capital Improve-
ment Program.
NOW, THEREFORE, RE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1: That the program for the construction of, or addition to
capital facililies identified for fiscal years 1988-1989 through 1992-1993 is
hereby adopted and that projects listed herein are approved as capital projects.
Section 2: That the projects shall be financed from funds to be
appropriated periodically by City Council, and until funds are so provided, the
projects are for planning purposes only and may be deleted, altered, or resched-
uled in any manner at any time by City Council.
Section 3: That funds in the amounts aggregating $310,668,574 for
capital projects underway or beginning in the 1988-89 fiscal year as set forth in
said Capital Improvement Program are hereby appropriated, subject to the condi-
tions hereafter set forth, as follows:
CAPITAL PROJECT "PROPRIATION
SCHOOL PROJECTS:
1-007 School Plant Facility Addition $ 230,000
1-008 Media Center Facility Addition 900,000
1-909 Luxford Elementary School Drainage 200,000
1-937 Salem Junior High School 6,472,925
1-945 Elementary Schools Physical Education Classrooms 600,000
1-960 Various Schools Roofing - Phase III 209,000
1-965 Various Schools Air Conditioning - Phase III 2,577,500
1-975 Various Schools SLage Lighting Controls Replacement 100,000
1-976 Court House Elementary School Sewer Pump Station
Renovation 100,000
1-977 Elementary Schools Window Replacements - Phase II 650,000
1-979 General Booth Corridor Elementary School
Land Acquisition 450,000
1-990 Bayside Junior High School Addition 166,000
1-991 Bayside High School Modernization and Addition 361,000
TOTAL SCHOOL PROJECTS 16 425
ENGINEERING AND HIGHWAY PROJECTS:
Roadways:
2-006 Baxter Road Widening 633,047
2-007 Constitution Drive 47,600
2-021 Rural Roads Improvement 300,000
2-036 Roadway Advanced Land Acquisition 150,000
2-037 Landstown Road 23,955
2-039 Dam Neck Road - Phase I 1,773,296
2-040 West Neck Bridge 49,466
2-041 South Plaza Trail Bridge 58,129
2-042 Mill Dam Bridge 56,259
2-055 London Bridge Road - Phase 1 743,231
2-078 CourLhouse Loop - North 120,000
2-079 International Parkway Improvements 450,000
2-080 Indian River Road - Phase V 461,748
2-081 Tidewater Community College Offsite Access
Improvements 68,000
2-084 Military Highway 24,441
2-096 Ferrell Parkway - Phase V 675,000
2-098 Princess Anne Road - Seaboard Road 280,000
2-099 Sandfiddler Road 341,000
2-816 Traffic Safety Improvements 735,000
2-820 Princess Anne Road - Phase III 635,966
2-831 Independence Boulevard - Phase III 1,730,357
2-833 First Colonial Road - Phase III 12,187
2-936 Ferrell Parkway - Phase IB 1,817,017
2-837 Various Cost Participation Projects 50,000
2-925 Nor@hampton Boulevard - Phase I 123,625
2-929 Virginia Beach Boulevard - Phase III 67,416
2-945 Newsome Farm Area Street Improvements 750,000
2-962 Pungo Ferry Road Bridge 9,003,650
2-987 Independence Boulevard - Phase IV 564,290
Total Roadways 44 680
Stormwater:
2-014 Lynnhaven InIeL Maintenance Dredging 71,617
2-018 Rudee InleL Bulkhead 332,175
2-020 Various Drainage Improvements 81,000
2-109 Western Branch Lynnhaven River Dredging Study 100,000
2-110 Southall Quarter Drainage 144,000
2-712 Dredging Eastern Branch Lynnhaven River 1,318,725
2-800 Lynnhaven Colony Drainage 18,876
2-817 Chesapeake Beach Drainage - Phase I 28,632
2-823 Salem Canal Improvements 109,326
2-909 Canal #2 - Phase II 50,000
3-933 Landfill #2 - Expansion 824,340
Total Stormwater 78 691
Bikeways:
2-068 Bayfront Bikeway $ 413,467
Total Bikeways 13 467
Resort Area Improvements:
2-048 Boardwalk Revitalization $ 550,000
2-049 Resort Streetscape Improvements 596,614
2-054 City Gateway Project 1,153,386
2-066 Oceanfront Connector Parks 400,000
2-067 Resort Streetscape DemonsLration Project 900,000
2-094 Dome Area Development 100,000
Total Resort Area 00 000
TOTAL ENGINEERING AND HIGHWAYS 36 838
'BUILDING PROJECTS:
3-910 Kempsville Public Safety and Library Services
Expansion $ 523,241
3-944 Fire Station - Little Neck 65,987
3-945 Fire Station - London Bridge 1,187,680
BUILDINC PROJECTS: (concluded)
3-954 Fire Station - Diamond Springs $ 193,536
3-965 Municipal Center site Acquisition 1,350,000
3-967 Correction Center Addition 8,000,000
3-968 Fire Station - General Booth 158,367
3-973 Percent for Arts Program 101,906
3-976 Fire Training Center/Warehouse Facility 20,000
3-977 Judicial Center 31,668,679
3-978 Tidewater Community College Site Improvements
Phase IV 460,915
3-984 Juvenile Detention Facility 60,000
3-987 Pendleton/Courthouse School Building 250,000
3-988 Pungo-Blackwater Library/Police Substation 100,000
TOTAL BUILDINC PROJE M 40 311
PARKS AND RECREATION PROJECTS:
4-935 Princess Anne Park Expansion 975,000
4-939 Neighborhood Park Acquisition and Development 250,000
4-947 Park Reservation Acquisition and Development 750,000
4-948 Scenic Waterways ImprovemenLs 100,000
TOTAL PARKS AND RECREATION 75 000
TOTAL CENERAL IMPROVEMENT 68 574
WATER UTILITY PROJECTS:
5-001 Virginia Beach Boulevard - Phase III 245,000
5-006 Dam Neck Road - Phase II 190,000
5-021 Lakeview Park - 51% Type 18,000
5-022 Great Neck Point - 51% Type 12,000
5-029 Linkhorn Point 51% Type 70,000
5-036 Ferrell Parkway Phase IC 88,000
5-037 Indian River Road - Phase IV 125,000
5-039 Broad Bay Colony - 51% Type 260,000
5-040 Lynnhaven Acres - 51% Type 390,000
5-041 Beils Road - Birdneck Road 1,000,000
5-043 Baxter Road Connection 55,000
5-044 Independence Boulevard - Phase IIA-2 36,000
5-045 Independence Boulevard - Phase III 9,000
5-304 Small Line Improvements 100,000
5@306 Water Request and Agreement 250,000
5-622 Shipps Corner Road 15,000
5-713 Landstown Suction 575,000
5-817 East Cape Henry Drive 110,000
5-832 Comprehensive Water SLudy 250,000
5-833 Various Highway Projects 50,000
5-836 Landstown Yard Improvements 500,000
5-938 Kempsville Suction - Phase I 230,000
5-939 Kempsville Suction - Phase II 110,000
5-962 Burton Station Area 100,000
5-964 Water Resources - Lake Gaston 202,700,000
5-966 Atlantic Avenue Improvements 480,000
5-968 Control Center Modernization 825,000
5-971 Lynnhaven Parkway - Phase VII 86,500
5-977 Kempsville Pump StaLion Modifications 270,000
5-980 Shore Drive Pump Station Modification 35,000
5-985 Shore Drive 5,000
5-997 Credle Road 13,000
TOTAL WATER UTILITY 02 500
SEWER UTILITY PROJECTS:
6-316 Various Sewer Projects 500,000
6-605 Pump Station Modifications 200,000
6-815 Infiltration, Inflow and Rehabilitation 300,000
6-828 Landstown Yard Improvements 500,000
6-824 Various Highway Projects 108,000
6-922 Burton Station 196,000
SEWER UTILITY PROJECTS: (concluded)
6-925 Atlantic Avenue Improvements $ 426,000
6-930 Lynnhaven Acres 878,000
6-932 Lakeview Park 766,000
6-934 Bay Colony 1,137,500
6-937 Aragona Rehabilitation 400,000
6-938 Princess Anne Plaza Rehabilitation 500,000
6-939 Comprehensive Sewer Study 200r,000
6-942 Great Neck Point 1,289,000
6-943 Linkhorn Point 830,000
6-945 Larkspur 445,000
6-948 Lynnwood/Michaelwood 40-0,000
6-962 Timberlake Force Main 351,000
6-964 Baxter Road 80,000
6-970 Virginia Beach Boulevard - Phase III 830,000
6-975 Deerwood Trace Force Main 17,000
6-978 Indian River Road - Phase IV 102,000
6-979 Bells Road/Credle Road 450,000
6-980 River Road 815,000
6-981 Shorehaven 1,150,000
6-982 Dwyer Road 230,000
6-984 North Seaboard Road 8,000
6-989 Independence Boulevard - Phase III 14,000
6-990 Holland Utilities 50,000
6-991 Dam Neck Road - Phase II 125,000
TOTAL SEWER UTILITY 97 500
TOTAL WATER AND SEWER 00 000
TOTAL APPROPRIATIONS 68 574
To be funded from the following sources:
Source
General Appropriations $ 26,943,291
1988 Charter Bonds 26,300,000
Lease Purchase Financing 31,437,943
1988 FY Revenue Sharing 1,000,000
School Site Acquisition Fund 300,000
SPSA Contribution 824,340
Federal Contribution 543,000
Water and Sewer Fund 2,000,000
Revenue Bonds 17,800,000
Water Resource Referendum 200,000,000
State Contribution 820,000
City of Chesapeake 2,700,000
TOTAL 68 574
AmounLs appropriated above amend any 1988 1989 fiscal years alloca-
tions previously authorized in the FY 1988 - FY 1989 Operating Budget adopted by
the City Council on May 16, 1988. ,
Section 4. That a Resort Program Capital Project Fund shall be
created for the purpose of accounting for the revenues, appropriations, expend-
itures, and encumbrances associated with the resort area capital improvement
program.
Section 5. The capital project funds appropriated in prior fiscal.
years are to be reallocated in accordance with said Capital Improvement Program
as follows:
ROADWAYS AND STORKWATER PROJECTS:
TRANSFER TO:
2-034 Pavilion Drive South 17,912.
2-040 West Neck Bridge 1,025,573
2-061 Lynnhaven Parkway - Phase VII 16,143
2-063 Ferrell Parkway - Phase IC 427,505
2-065 Indian River Road - Phase IV 698,702
2-070 Northampton Boulevard - Phase II 12,240
2-082 Independence Boulevard - Phase IIA-1 50,000
2-083 Indian Lakes Boulevard - Phase II 237,900
2-092 Northampton Boulevard - Phase IIA 100,000
2-910 Ceneral Booth Boulevard - Phase 11 5,379
TOTAL TRANSFERS TO: 91 354
TRANSFER FROM:
2-064 Independence Boulevard - Phase IIA 2,158,409
2-091 Independence Boulevard - Phase IIA-2 337,900
2-834 Princess Anne Road/Kempsville Road Intersection 80,786
2-836 Haygood Road 14,259
TOTAL TRANSFER FROM: 1 354
STORMWATER PROJECRS:
TRANSFER TO:
2-823 Salem Canal Improvements 900,000
TOTAL TRANSFERS TO: 00 000
TRANSFERS FROM:
2-819 Ocean Park Storm Drainage 900,000
TOTAL TRANSFERS FROM: 00 000
RESORT AREA PROJECTS:
TRANSFER TO:
2-048 Boardwalk Revitalization $ 150,000
TOTAL TRANSFERS TO: 50 000
TRANSFER FROM:
2-056 Museum Park/Nature Area $ 150,000
TOTAL TRANSFERS FROM: 50 000
BUILDING PROJECTS:
TRANSFER TO:
3-945 Fire Station - London Bridge 11,390
3-985 Municipal Center - Land Use Plan 50,000
TOTAL TRANSFERS TO: 61 390
TRANSFER FROM:
3-942 Fire Station - North End 11,390
3-981 Landstown Yard Expansion 50,000
TOTAL TRANSFERS FROM: 61 390
WATER AND SEWER PROJECTS:
TRANSFER TO:
5-025 AlatiL@ll - 51% type 152,000
5-027 Bells Road - 51% Type 25,000
5-028 Dwyer Road - 51% Type 10,000
5-029 Linkhorn Point - 51% Type 20,000
5-030 River Road - 51% Type 60,000
5-031 Shorehaven - 51% Type 50,000
5-306 Water Resource and Agreement Projects 427,962
5-985 Shore Drive 10,000
TOTAL TRANSFERS TO: 54 62
TRANSFER FROM:
5-008 Trantwood Shores - 51% Type $ 55,000
5-011 Southern Points - 51% Type 257,462
5-038 North Seaboard Road - 51% Type 65,000
5-617 Queen City 100,000
5-712 Sandbridge Road 110,000
5-990 Virginia Beach Boulevard - Phase II 12,000
6-315 Queen City 100,000
6-917 Holland Road - Phase IV 8,000
6-934 Bay Colony 22,500
6-979 Bells Road/Credle Road 25,000
TOTAL TRANSFERS FROM: 54 962
Section 6. That additional appropriations and the addition of capital
projects shall not be initiated except with the consent and approval of the City
Council first being obtained.
Section 7. That the restriction with respect to the expenditure of
funds appropriated shall apply only to the totals for each project class.
All contracts awarded for approved and appropriated capital projects,
exclusive of school projects, must be certified as to the availability of funds
by the Director of Finance prior to the initiation of work on the contract.
Section 8. That this ordinance shall be in effect from and after Lhe
date of its adoption.
Section 9. That if any part or parts, section or sections, sentences,
clauses, phrases of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Adopted by Council of the City of Virginia Beach, Virginia on the
19 day of December , 1988.
FIRST READING: December 12, 1988
SECOND READING: December 19, 1988
- 29 -
Item III-F.2.b.
RESOLUTIONS/ORDINANCES TTEM # 30550
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND READING:
Ordinance to amend and reordain Section 35-137 of
the Code of the City of Virginia Beach, Virginia,
increasing the tax levy on Restaurant Meals from
4.0 to 4.5 percent, effective January 1, 1989.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent;
None
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-159 OF THE CODE OF TUE CITY OF
VIRGINIA BEACH, VIRGINLA PERTAINING TO THE TAX
LEVY ON HOTEL/MOTEL LOI)GING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THAT SECTION 35-159 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Section 35-159 - Levied; amount.
There is hereby levied and imposed on each transient a tax equivalent to
fo@.-4) four and one-half (4.5) percent of the total amount paid for lodging, by
or for any such transient, to any hotel.
This tax rate shall become effective January 1, 1989 and shall remain
in effect until December 31, 1998 at which time it shall be reduced by one-half
(0.5) percent.
This Ordinance shall be effective on the 1st day of January, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
19 day of December 1988.
First Reading: December i2, 1988'),
Second Reading: December 19, 1988
APPROVED AS TO CC) i@ i
SIGNAfUP,@
DEPARTMENF
APPROVED AS T,) L[(- \L
SU@FiCiLf,4CY Atli) @K.@k
- 30
Item III-F.2.c.
RESOLUTIONS/ORDINANCES IT@%@ # 30551
Upon riotion by Councilman fieischober, seconded by Councilrian !,loss, City Council
ADOPTED, upon SECOND READING:
Ordinance to amend and reordain Section 35-159 of
the Code of the City of Virginia Beach, Virginia,
increasing the tax levy on Hotel/llotel Lodging from
4.0 to 4.5 percent, effective January 1, 1989.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, Jol-in A. Baum, Vice i"ayor Robert E.
Fentress, Iarold I-leischober, Barbara @,'. lienley, Reba
S. McClanan, @@ohn D. lioss, i@,,ayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council @lembers Voting Nay:
John L. Perry
Council Merqbers Absent:
k4one
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-137 OF THE CODE OF THE CITY OF
VIRCINIA BEACH, VIRCINIA PERTAINING TO THE TAX
LEVY ON RESTAURANT MEALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
THAT SECTION 35-137 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Section 35-137 - Levied; amount.
There is hereby imposed and levied on each person a tax equivalent to
four @ four and one-half (4.5) percent on the total amount paid for food, in or
from any restaurant, whether prepared in such restaurant or not and whether
consumed on the premises or not. The tax shall be computed at a straight foar
(O four and one-half (4.5) percent, any fraction of one-half or more being
treated as one cent.
This tax rate shall become effective January 1, 1989 and shall remain
in effect until December 31, 1998 at which time it shall be reduced by one-half
(0.5) percent.
This Ordinance shall be effective on the 1st day of January, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
19day of December 1988.
First Reading: Deeefitber 12, 3988
Second Reading: December 19, 1988
- 31 -
Item TTT-F.2.d.
RESOLUTIONS/ORDINANCES ITFNI # 30552
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND RFADING:
Ordinance authorizing the issuance of General
Obligation Bonds in the maximum amount of
$26,300,000 for various public facilities and
general improvements.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice t@layor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
AN ORDINANCE AtrriloRIZING TIIE ISSUANCE OF
GENERAL OBLIGATION BONDS OF TIIE CITY OF
VIKCINIA BEACII, VIRRINIA, IN TIIE MMIMUM
AMOUNT OF $26,300,000 FOR VAPJOUS PUBI-IC
f-'ACILITIES AND GENERAL IMPROVEMENTS
WI[EREAS, the City desires to authorize the issliance of general obligatioti
pLiblic iniproveiiieiit botids for various purposes in the maxinfuni amount of
$26,300,000 witliout subniitt:ing tlie questions of clieir issuance to tlie qualified
voters;
BE IT OPDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient for tile City of
Virginia Beach, Virginia (the City), to consrrLiCt and improve various public
facilities and general intprovements, all of which will prornote the public welfare
of the Cit:y and its inhabitant:s and will facilitate the orderly growth, develop-
filent aiid gerieral welfare of tlie City, and t7o finance tlie costs thereof tilrough
the borrowing of $26,300,000 and issuirig the City's general obligations bonds
therefor.
2. Ptirsuarit to the City Charter and the Public Finance Act, there are
liereby atitliorized to be isstied pliblic iinprovement bonds of rhe Cit:y in t7ile
maximLim amount of $26,300,000, to provide flinds, toget7her wit-h other ftinds that
may be available, fOr fOllOWillg plirposes:
Scizool projects, incltlding site acqllisition $ 7,648,000
azid iniprovemeiits, plaiiiiizig, desigii, cciistructioiz,
renovation, expansion, equipping and ftiriiisliiilg of
schools and relat:ed facilities.
Engineering and Iiighway projects, inclllding site 10,447,820
acqLliSition and iaiproveinents, design, plantling,
construction, iiiiproveinent, replacernenr, expaiision
aiid extetision of streets, liighways arid bridges.
Drainage projects, incltlding dredging the Eastern 1,212,607
Brancii of the Lyzirihaven River.
Btiilding projects, iricltiding site acquisition and 6,991,513
iiiiprovenients, design, planning, construction,
itziproveinents, renovation, expansion, equipping and
fLirnishing of the Kenipsville Public Safety and
Library Services facilities, t:lie Correction Center,
Fire Station #22-Diamond Springs, and Fire Scation
#3-London Bridge.
0 000
Any amount not needed for any of such purposes may be used for any ocher
df such purposes. The bonds may be issued as a separate issue or combined with
bc)jids atittiorized for otlier plirposes and sold as part of a combined issue of
public improveinent bonds.
3 . 7'lie borids stiall bear sucl2 date or dates, mat7ure as such riffle or tinles
nor exceediiig 40 years frotii their date@s, bar ititerest at such rate or rates not
to exceed tlie niaximtim rate authorized by law at tlie time the bonds are sold, be
in stich denotiiinations and foriti, be executed iri stich nianner and be sold at such
tiilie or times and in such illanner as the Council niay hereafter provi.de by ap-
propriate reSOlLit:ion or resolutioils-
4, The bonds shall be general obligations of the City for the payment of
principal of and interest on wliich its full faith and credit shall be irrevocably
pledged.
5. Tliis ordinance shall be in full force and effect from its Passage-
Adopted by the Council of the City of Virginia Beach, Virginia on the 19
day of December 1988.
Approved:
Mayor, city of Virginia Beach, Virginia
FIRST PEADING: December 12, 1988
SECOND PEADING: December 19, 1988
KAR17 BONDORD.88
Note: A two-thirds vote of City Council is required for Adoption.
2
- 32 -
Item III-F.2.e.
RESOLUTIONS/ORDINANCES ITEM # 30553
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND READING:
Ordinance authorizing the issuance of water and
sewer system Revenue Bonds in the maximum amount of
$17,800,000.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE
2 ISSUANCE OF WATER AND SEWER SYSTEM
3 REVENUE BONDS OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA, IN THE
5 MAXIMUM AMOUNT OF $17,800,000
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 1. it is hereby determined to be necessary and
9 expedient for the City of Virginia Beach, virginia (the city), to
10 continue its program of improving and extending its water and
11 sewer system (the System) whicli will prornote the public welfare
12 of the City and its inhabitants and will facilitate the orderly
13 growth, development and general welfare of the City, and to
14 finance the costs thereof through the borrowing of $17,800,000
15 and issuing tlie City's revenue bonds therefor.
16 2. Pursuant to the City Charter and the Public Finance
17 Act, there are hereby authorized to be issued water and sewer
18 system revenue bonds of the City in the maxlmum amount of
19 $17,800,000 to provide funds, together with other available funds
20 for financing the costs of improvements to the System.
21 3. The bonds shall bear such date or dates, mature at
22 such time or times not exceeding 40 years from their dates, bear
23 interest at such rate or rates not to exceed 15% per year, be in
24 such denominations and form, be executed in such manner and be
25 sold at such time or times and in such manner as the City Council
26 inay hereafter provide by appropriate resolution or resolut-.'ions.
27 4. The system is an undertaking from which the City
28 may derive a revenue. The bonds shall be limited obligations of
29 the City, payable as to principal, premium, if any, and interest
30 solely from the revenues derived by the City from the System, and
31 shall not be included within the otherwise authorized
32 indebtedness of the City. The bonds shall not be deemed to
33 create or constitute an indebtedness of or a pledge of the faith
34 and credit of the Commonwealth of Virginia or of any county,
35 city, town or other political subdivision of the Commonwealth,
36 including the City, and shall so state on their face. The
37 issuance of the bonds and the undertaking of the covenants,
38 conditions and agreements to be contained in resolutions to be
39 adopted or agreements to be entered into hereafter shall not
40 directly, indirectly or contingently obligate the coinmonwealth,
41 the City or any other political subdivision of the Commonwealth
42 to levy and collect any taxes whatsoever or make any
43 appropriation therefor, except from the revenues pledged to the
44 payment of the principal of and premium, if any, and interest on
45 the bonds.
46 5. Such resolutions to be adopted and agreements to be
47 entered into hereafter authorizing the issuance of the bonds and
48 providing the details thereof shall contain appropriate covenants
49 requiring the City to fix, charge and collect such rates, fees
50 and other charges for the use of and the services furnished bY
51 the System and to revise the same from time to time and as often
52 as shall be necessary so as to produce sufficient net revenues to
53 pay principal of and premium, if any, and interest on the bonds
54 as the same become due and to provide a margin of safety
55 therefor. Such resolutions and agreements shall also include
56 such additional covenants, agreements and other terms as are
57 customary for the protection of the holders of water and sewer
58 revenue obligations.
59 6. This ordinance shall be in full force and effect
60 from its passage.
61 ADOPTED by the Council of the City of Virginia Beach,
62 Virginia, this 19 day of December, 1988.
63 (SEAL) APPROVED:
6 4
65 Mayor
66 ATTEST:
67
68 City C erk
69 FIRST READING: December 12, 1988@
December 19, 1988
70 SECOND READING:
71 LLL/lmt
7 2 12/6/88
73 CA-03055
74 \ordin\proposed\17800000.pro
2
- 33 -
Item III-F.2.f.
RESOLUTIONS/ORDINANCES ITE@L # 30554
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND READINC:
Ordinance establishing the tax levy on real estate
at 92.2 cents, effective July 1, 1989.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. NicClanan, John
D. Moss, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and John
L. Perry
Council Members Absent:
None
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YFAR 1989
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1989 taxes for
general purposes on all real estate, not exempt from taxation and not otherwise
provided for in this Ordinance, at the rate of rr@t:y otie azid-f-iue @@ ninety-
two and two-tenths cents ($.922) on each one hundred dollars ($100) of
assessed valuation thereof. The real property tax rates which have been prescri-
bed in this section shall be applied on the basis of one hundred percentum of the
fair market value of such real property except for public service real property
which shall be on the basis as provided in Section 58.1-2604 of the Code of
Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT
AND FACILITIES" CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A) of the Code of Virginia
(1950), as amended, there shali be levied and collected for general purposes for
fiscal year 1989, taxes on all real estate certified by the Commonweaith of
Virginia as "Certified Pollution Control Equipment and Facilities" not exempt
from taxation, at the rate of rr@ty ozie ninety-two and two-
tenths cents @"I-54 ($.922) on each one hundred dollars ($100) of assessed
valuation thereof. The real property tax rates imposed in this section shall be
applied on the basis of one hundred percentum of fair market value of such real
property.
Section 3. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or
phrase of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion of
this Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be effective on the 1st day of July, 1989.
Adopted by the Council of the city of Virginia BeacAP gkgprdhe-
19 December (--ONTENTS
day of 1988.
SIINATII,
First Reading: December 12, 198@
Second Reading: December 19, 1988 DEIARTMINT
APPROVED AS TO LEGAL
SUFFICI
- 34 -
Item III-F.2.g.
RESOLUTIONS/ORDINANCES ITEM # 30555
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED, upon SECOND READING:
Ordinance authorizing the issuance of General
Obligation Bonds in the maximum amount of
$8,000,000 for road, highway and bridge purposes.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan, Nancy K. Parker and John L. Perry
Council Members Absent:
None
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF GENERAL OBLIGATION
3 BONDS OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, IN THE MAXIMUM
5 AMOUNT OF $8,000,000 FOR ROAD,
6 HIGHWAY AND BRIDGE PURPOSES
7 WHEREAS, the City of Virginia Beach, Virginia, may
8 issue up to $8,000,000 of general obligation bonds in any
9 calendar year for road, highway or bridge purposes without
10 submitting the question of their issuance to the qualified voters
11 provided that the City has met the requirements of Section 6.05:2
12 of the City Charter; and
13 WHEREAS, the City desires to authorize the issuance of
14 general obligation public improvement bonds for road, highway and
15 bridge purposes in the maximum amount of $8,000,000 without
16 submitting the question of their issuance to the qualified
17 voters;
18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 1. It is hereby determined to be necessary and
21 expedient for the City to undertake a program of road, highway
22 and bridge improvements, all of which will promote the public
23 welfare of the City and its inhabitants and will facilitate the
24 orderly growth, development and general welfare of the City, and
25 to finance the costs thereof through the borrowing of $8,000,000
26 and issuing the City's general obligation bonds therefor.
27 2. Pursuant to the City Charter, including Section
28 6.05:2, and the Public Finance Act, there are hereby authorized
29 to be issued general obligation bonds of the City in the niaximum
30 amount of $8,000,000, to provide funds, together with other funds
31 that may be available, to uhdertake a program of road, highway
32 and bridge improvenients. The bonds may be issued as a separate
33 issue or combined with bonds authorized for other purposes and
34 sold as part of a combined issue of public improvement bonds.
35 3. The bonds shall bear such date or dates, mature at
36 such time or times not exceeding 40 years from their dates, bear
37 interest at such rate or rates not to exceed the maximum rate
38 authorized by law at the time the bonds are sold, be in such
39 denominations and form, be executed in such manner and be sold at
40 such time or times and in such inanner as the Council may
41 hereafter provide by appropriate resolution or resolutions.
42 4. The bonds shall be general obligations of the city
43 for the payment of principal of and interest on which its full
44 faith and credit shall be irrevocably pledged.
45 5. This ordinance shall be in full force and effect
46 from its passage.
47 Note: A two-thirds vote of City council is required
48 for adoption.
49 Adopted by the Council of the City of Virginia Beach,
19 December
50 Virginia on day of 1988.
51 Approved:
52
53 Mayor, city of
54 Virginia Beach, Virginia
55 FIRST READING: December 12, 1988
56 SECOND READING: December 19, 1988
57 LLL/lmt
58 1 2 / 6 / 8 8
59 CA-03054
60 \ordin\proposed\8000000.pro
2
- 35 -
Ttem III-F.3.
RESOLUTIONS/ORDTNANCES ITEM # 30556
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council DEFERRED until the City Council meeting of January 9, 1988:
Resolution approving "Alternate A" of London Bridge
Road Phase I (CIP 2-055) and authorizing procedure
with design and right-of-way acquisition.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
This item was brought forward on the AGENDA.
- 36 -
Item III-F.4.
RESOLUTIONS/ORDINANCES ITEM # 30557
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED upon SECOND RF-ADING:
Ordinance upon SECOND RF-ADING to APPROPRIATE
$68,994 to the Sheriff's Department for a food
services contract.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN CRD T[) FU" IN THE AMOUNR OF $68,994
AND TRANSEER $130,241 THE 'S DEP
OPHWING EM A FMD MMCES
the oost per intiate neal for providing food and food services to
innetes for EY87-88 was $1.12, and that cost has increased for FYBB-89 to a
projected $1.18, and
WEEREAS, an outside contractor can provide the saffe service at an average
cost per imnate rwal of $.855, and
, bids were solicited frcm contractors to provide food and foc)d
services to the irmetes, and the lowest bid for an amual oontract is $398,671,
resultincj in $199,335 required for the period of January 1, 1989 through June 30,
1989, and
furids in the amunt of $130,241 are available for transfer within
the Sheriff's Depar @ nt operating budget, and
WBEREAS, additional appropriations of $68,994 will be offset by increased
revenues as reinWrsEments frorn the Coffmnwealth for jail expenses, and will
provide the additionally required amount for the contract.
NCYA, , BE IT NED BY THE OAMIL OF T[IE CITY OF WWINIA
VDGEM, that funds in the aumnt of $68,994 be appropriated to the Sheriff's
Departmnt FY88-89 Operating Budget for a food and food service contract, and
BE IT , that funds in the amount of $130,241 be transferred
within the Sheriff's Department FY88-89 Operating Budget for a food and food
service contract, and
BE rr FURTEM that estimated revenues frm the Comwnwealth be
increased by $68,994 to offset these expenditures.
This ordinance shall be in effect froin the date of its adoption. Adopted by
the Council of the City of Virginia Beach, Virginia, on the 9 day of
December , 1988.
READIM: December 12, 1988 READIM: December 19, 1988
- 37 -
Item Ill-F.5.
RESOLUTIONS/ORDINANCES ITF14 # 30558
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Resolution approving the refunding, by Portsmouth
Redevelopment and Housing Authority, its 1985 Housing
Bond:
Regency Apartments Associates, Ltd. $28,150,000
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION APPROVING THE ISSUANCE OF
MULTIFAMILY RENTAL HOUSING REFUNDING REVENUE BONDS
FOR REGENCY APARTMENTS ASSOCIATES LIMITED PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authori-
ty (the "Virginia Beach Authority"), has considered the
request of Regency Apartments Associates Limited Partnership
(the "Company") whose address is One Shelter Place,
Greenville, South Carolina 29602, for the issuance by the
Portsmouth Redevelopment and Housing Authority (the
"Portsmouth Authority') of its Multifamily Rental Housing
Refunding Revenue Bonds in an amount not to exceed
$28,150,000 (the "Refunding Bonds") to refund the Portsmouth
Authority's Multifamily Rental Housing Revenue Bonds, Series
1985 (Fannie Mae Pass-through Certificate Program/Regency
Apartments Associates Limited Partnership Project) in the
original principal amount of $28,150,000 (the "Original
Bonds"); and
WHEREAS, the Original Bonds were issued by the
Portsmouth Authority on February 27, 1985, to assist the
Company in financing the acquisition and rehabilitation of a
862 unit multifamily residential rental project known as
Regency Apartments (the "Project") located at 2100
Westminister Lane in the City of Virginia Beach, Virginia;
and
WHEREAS, the Virginia Beach Authority held a public
hearing on the issuance of the Refunding Bonds on
December 13, 1988; and
WHEREAS, the Internal Revenue Code of 1986, as amended
(the "Internal Revenue Code"), provides that the governmental
units having jurisdiction (a) over the issuer of the indus-
trial development revenue bonds and (b) over the area in
which any facility financed with the proceeds of industrial
development revenue bonds is located, shall approve the
issuance of such bonds; and
WHEREAS, Chapter 514 of the 1983 Acts of the General
Assembly of Virginia ("Chapter 514') and Section 15.1-1378.1
of the Code of Virginia of 1950, as amended (the "Virginia
Code") provides that the governing body of the municipality
on behalf of which the bonds of an authority are to be issued
shall approve or disapprove the financing of any facility
recommended by the authority; and
WHEREAS, the Project is located in the City of Virginia
Beach (the "City") and the Council of the City (the "Coun-
cil") constitutes the highest elected governmental officials
of the City; and
WHEREAS, the Virginia Beach Authority recommends that
the Council approve the issuance of the Refunding Bonds; and
WHEREAS, a copy of the Virginia Beach Authority's
resolution approving the issuance of the Refunding Bonds,
subject to terms to be agreed upon, a reasonably detailed
sununary of the comments expressed at the public hearing, if
any, and the fiscal impact statement required by Section
15.1-1378.2 of the Virginia Code have been filed with the
Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Refunding Bonds by the Portsmouth Authority, for the
benefit of the Company, to the extent of and as required by
the Internal Revenue Code, Chapter 514, and the Virginia
Code, to permit the Portsmouth Authority to assist in the
refinancing of the Project.
3. The approval of the issuance of the Refunding
Bonds, as required by the Internal Revenue Code, Chapter 514,
and the Virginia Code, does not constitute an endorsement to
the prospective purchasers of the Refunding Bonds or of the
creditworthiness of the Project or the Company and the
Refunding Bonds shall provide that neither the City, the City
of Portsmouth, the Virginia Beach Authority, nor the
Portsmouth Authority shall be obligated to pay the Refunding
Bonds or the interest thereon or other costs incident thereto
except from the revenues and moneys pledged therefor, and
neither the faith or credit nor the taxing power of the
Commonwealth, the City, the Virginia Beach Authority nor the
Portsmouth Authority shall be pledged thereto.
4. In approving this Resolution, the City of
Virginia Beach, including its elected representatives,
officers, employees, and agents, shall not be liable, and
hereby disclaims all liability for, any damages to any
person, direct or consequential, resulting from (1) the
Portsmouth Authority's failure to issue the Refunding Bonds
for any reason, or (2) the failure, for any reason, for the
Refunding Bonds to be allocated any portion of Virginia's
volume cap, if applicable.
5. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on 19 December
198 8
2
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCTNG
(REFUNDING ISSUE)
DATE: NOVEMBER 21, 1988
TO: THE COUNCIL, CITY OF VIRGINIA BEACIF
PROJECT NAME: REGENCY APARTMENTS
TYPE OF FACILITY: 862 UNTT MULTIFAMILY RENTAL HOUSING
PROJECT
1. Maximum amount of financing sought $28,150,000
2. Estimated taxable value of the*
facility's real property to be
constructed in the municipality $25,172,410
3. Estimated real property tax per
year using present tax rates $ 230,327
4. Estimated personal property tax
per year using present tax rates $ 1,740
5. Estimated merchants' capital
(business license) tax per
year using present tax rates N/A
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 1,500,000
7. Estimated number of regular
employees on year round basis 25
8. Average annual salary per employee $ 14,300
*Assessed value of real estate and improvenients being
refinanced
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
crman
PROJECT N2VPIE- REGENCY APARTMENTS
PROJECT ADDRESS: 2100 Westminister Lane, @7irginia Beach, 17A
TYPE OF PROJECT: rental housing project
- 38 -
Itein III-G.
CONSENT AGENDA ITYI@ # 30559
Upon -,iotion by Councilman Heischober, seconded b,,, Cotincilman Balko, -ity
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the
CONSENT AGENDA.
Iter,i 8a, RAFFLE PERMIT for CENTRAL BUSINESS DISTRICT ASSOCIATION OF VIRGINIA
BEACH was DEFERRED by CONSENSUS as same requires furtlier 4nvestigation.
Voting: 11-0
Council llembers Voting Aye:
Albert W. Balk-o, John A. Bau,,n, Vice @@ayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
i@ancy K. Parker, john L. Perry and Williapi D.
Sessorns, Jr.
Council lleribers Voting Nay:
il;one
Council @lembers Absent:
None
- 39 -
Item Ill-C.1
CONSENT AGENDA ITF!I # 30560
Upon motion by Councilman ileischober, seconded by Council,,nan Balko, City
Council ADOPTED:
Resolution appointing School Board Members for a
term of three years, starting January 1, 1989,
pursuant to Section 22.1-29.1, Code of Virginia.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold He4lschober, Barbara 1,1. iienley, Reba
S. l@icclanan, john D. Moss, Mayor ileyera E. Oberndorf,
IJancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Merobers Voting Nay:
@Jone
Council Heribers Absent:
None
1 RESOLUTION
2
3
4
5 WHEREAS, pursuant to Section 22.1-29.1, Code of
6 Virginia, 1950, as amended, and Section 9.2 of the C,de of the
7 City of virginia Beach, a public hearing, duly advertised, was
8 held on Friday, December 9, 1988 to receive views of citizens and
9 consider candidates for appointment to the School Board; and
10 WHEREAS, all persons and parties, so desiring, were
11 afforded full opportunity to participate in said public hearing.
12 NOW, THEREFORE, BE IT RESOLVED BY IHE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA:
14 That after due deliberation and consideration of the
15 candidates, the Council for the CitY of Virginia Beach hereby
16 appoints Samuel W. Meekins, Kempsville Borough representative,
17 and Gregory N. Stillman, an at large representative, and hereby
18 reappoints Dr. Ulyses V. Spiva, an at large representative, and
19 Floyd Taylor, Pungo Borough representative, to the School Board
20 of the City of Virginia Beach, Virginia for a term of thre,
21 years, starting January 1, 1989.
22 Adopted by the Council of the CitY of Virginia Beach,
23 Virginia, on the 19 day of December
1988.
24
25
26
27
28
29
30 co iN
31
32 JAR/ih
33 CA-3082
34 G:\ORDIN\NONCODE\SBAPPOIN.RES
-D
___@PPROVL
UFF
- 40 -
Item III-G.2
CONSENT AGV-NDA ITFI! # 30561
Upon riotion by Councilman @ileischober, seconded bv Council@nan Balko, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 13-4 of the
Code of the City of Virginia Beach, Virginiii, re
Food Service Manager's certification.
Voting: 11-0
Council Ilienbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Ilarold 'Yeischober, Barbara l,'. lienley, Reba
S. IIcClanan, John 1). 14oss, @layor !,,eyera E. Oberndorf,
liancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council lteribers Absent:
14one
APVkOVED AS TO CON'i'EiNTS
DEPARTMENT
APPROVED AS TO LEGAL
1 DINANCE TO AMEND AND REORDAIN
2 SECTION 13-4 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO FOOD SERVICE
5 MANAGER'S CERTIFICATION
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 13-4 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read s follows;
11
12
13 Section 13-4. Food Service Manager: Responsibility:
14 Certification.
15
16 (a) After May 1, 1989, no person shall operate a food
17 service establishment unless its food handling operation is under
18 the immediate control of a person holding a valid food servic,
19 manager's certification. This shall require that a certified
20 food manager be present during a minimum of eight (8) hours of
21 operation per operating day in each food service establishment.
22 The manager must be a full time employee of the fc)od servic,
23 establishment in question.
24 (b) The food service manager shall be responsible for
25 training of food service personnel in sanitary food-handling
26 procedures. Written documentation of a training program and
27 training records of individual employees Shall be available upon
28 request by the health department.
29 (c) In order to obtain a food service manager's
30 certificate, a person shall apply to the Virginia Beach health
31 department and show proof of having successfully completed a
32 course in food protectic)n which shall be approved by the health
33 authority or a valid certificate of registration froin the food
34 protection certification program of the educational testing
35 service center for occupational and professional assessment and
36 payment of a fee of ten dollars ($10).
37 (d) Such certificates shall be issued in the name of
38 an individual only and shall be valid for a period of three (3)
39 years after the date of issuance.
4 0 (e) A food service manager's certificate shall be
41 renewed for a three (3) year period upon payment of a fee of ten
42 dollars ($10) to the Virginia Beach health department and: (1)
43 Completing a refresher course in food protection which shall be
44 approved by the health authority; or (2) Take and pass the food
45 protection certification program test of the educational testing
46 services center for occupational and professional assessment.
47 (f) The health authority may require certieied
48 supervisory personnel to successfully complete additional
49 training as specified by the health authority, or will require
50 additional on-site coverage by certified food managers up to all
51 hours of operation when:
52 1. The employing food service establishment
53 has repeated or persistent violations of
54 critical health code requirements and
55 effective corrective action has not beentaken
56 over a reasonable period of time, as
57 determined by the health authority, or
58 2. The ernploying food service establishment
59 is suspected with reasonable cause by the
60 health authority as the source of a foodborne
61 illness.
62 3. Establishments maintaining a score of
63 less than eighty (80) averaged over three
64 inspections.
65 All costs associated with required training or testing
66 shall be the responsibility of the food service establishment or
67 the individual food service manager.
68
69 Adopted by the Council of the City of Virginia Beach,
70 Virginia, on the 19 day oE December 198 B.
71
72 CJS/epm
73 11/29/88
74 CA-3049
75 \ordin\proposed\13-004.pro
76
2
- 41 -
Item III-G.3
CONSENT AGENDA ITEM # 30562
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance consenting to the mortgage, by Resort
Satellite Communications, Inc., of its Cable
'I'elevision System for the purpose of obtaining
funds to finance the building out of the system.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE CONSENTING TO THE MORTGAGE,
AN
RESORT SATELLITE COMMUNICATIONS, INC.
OF ITS CABLE TELEVISION SYSTEM FOR THE
4 PURPOSE OF OBTAINING FUNDS TO FINANCE
5 THE BUILDING OUT OF THE SYSTEM
6
7
8
9 WHEREAS, by Ordinance adopted on March 2, 1981, Resort
10 Satellite Communications, Inc. was granted the right and
11 privilege to construct, operate and maintain a cable television
12 system within the City of Virginia Beach for the term and upon
13 the conditions set forth in the CATV Ordinance adopted by the
14 City Council on March 17, 1975; and
15 WHEREAS, Section 16D of the CATV Ordinance states, in part,
16 that "the Grantee may mortgage ... the ... system, or any part
17 thereof, for financing purposes," and further states that, "any
18 mortgage ... shall be subject to the prior written consent of
19 Council, whose consent shall not be unreasonably withheld;" and
20 WHEREAS, Resort Satellite Communications, Inc. has appeared
21 before Council this day and has requested Council's consent to a
22 mortgage of its system for the purpose of obtaining funds to
23 finance the building out of the system; and
24 WHEREAS, City Council has no objection to such a mortgage
25 of the system, and in fact, recognizes that a building out of the
26 system will serve to enhance the ability of Resort Satellite
27 Communications, Inc., to provide quality services to the
28 residents of the Beach Borough.
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31 That City Council hereby consents to the mortgage, by Resort
32 Satellite Communications, Inc., of its cable television system
33 for the purpose of obtaining funds to finance the building out of
34 the system.
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on this 19 day of December , 1988.
37 RMB/dga
38 Cable.ord
39 12/7/88
40
- 42 -
Item III-G.4
CONSENT AGENDA ITEM # 30563
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $30,000 to the Sandbridge
Volunteer Rescue Squad for a new ambulance.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
lNone
AN ORDINANCE TO APPROPRIATE
TO THE SANDBRIDGE VOLUNTEER RESCUE
SQUAD AN AMOUNT OF $30,000 FOR
A NEW AMBULANCE
WHEREAS, the Sandbridge Volunteer Rescue Squad has
identified the need to replace an ambulance, and
WHEREAS, a new ambulance which will better serve the
needs of the citizens within the service area will cost
approximately $30,000, and
WHEREAS, the Sandbridge Volunteer Rescue Squad has
requested $30,000 for this purpose and City Council considers it
appropriate to make this amount available for such a purpose.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds of $30,000 be appropriated
from the General Fund Balance to the Sandbridge Volunteer Rescue
Squad for the purchase of a new ambulance. It is anticipated
that these funds will be repaid on the following schedule:
January 15, 1990 $10,000
January 15, 1991 10,000
January 15, 1992 10,000
Total $30@QOO
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 19-.
December 19, 1988
FIRST READING:
SECOND READING:
- 43 -
Item III-G.1)
CONSENT AGENDA ITEM # 30564
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED upon FIRST RF-ADING:
Ordinance to APPROPRIATE $61,480 to the Department
of Mental Health/Mental Retardation and Substance
Abuse for enhancements to Detox Services.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
@. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDIMANCE TO APPROPRIME $61,480 TO
DEP OF AL RETARDATION AND SUBSTANCE ABIJSE
F'OR MM TO DETOX SERVICES
the federal gov@t, the Alcohol and Drug Treatmnt and
Rehabilitation Block Grant, has made available one tilm funds for support of
direct client services dur@ FY 89, and
WBEREAS, the state has allocated $61,480 of these funds to the Virginia
Beach Departmmt of Mental Health/Mental Retardation and Substance Abuse for
early iniplementation of substance abuse p budgeted as as a part of the
state NH/MP,/SA initiative for FY 89-90, thus assurirxg program continuation in FY
89-90, and
, the Virginia Beach De t of Mental Health/ Mental Retardation
and substarice Abuse has de that those cmtponents which should be uple-
mented early are the prer-inct based detox worker, the expanded residential detox
facilities, and co-location of the ALCARE pr-ogram at the Detox site, and
WHEREAS, these components can be imlernented with the addition of rented
es at the Detox site and the addition of 2.5 full tim equivalent personnel
positions, and
NOW RE BE IT 0 BY = C"CIL OF T-HE CRIY OF =D41A BEACH,
@INTA that funds in the amount of $61,480 be appropriated by the City of
Virginia Beach to fund expanded substance abuse services, and that revenue from
the federal gov t be increased by $61,480, and that two full time and one
pa-rt tirae (0.5 FIIE) City persorinel positions be established for the period of
funding.
This ordinance shall be effective frcm the date of its adoption.
Adopted by the cc)uncil of the City of Virginia Beadi, Virginia on
the- of 1988.
First Reading December 19, 1988
Second Reading
- 44 -
Item III-G.6
CONSENT AGENDA ITEM # 30565
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
ordinance authorizing and directing the City
Manager to execute a Cost Participation Agreement
with Lakeside Construction Corporation for
construction of certain water facilities (Red Mill
Farm Phase 3-C) (PRINCESS ANNE BOROUGH).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Lakeside Construction Corp. is developing
certain pioperty in the Princess Anne Borough in accordance with
the terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide water
service to this project, it is necessary for the developer t6
construct certain water facilities, and
WHEREAS, the city has requested that the developer
oversize the water system to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$6,518 with such costs to be charged to capital project 5-306
Water Request and Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CIT'Y OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Lakeside Construction Corp. for construction of
certain water facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 19 day of December 1988.
voe>
PED MILL FARM PMa 3 - C
04 14'
IWESTKAM I
ROVE
ci
De
PROPOSED 10" WATER SM
PROPOSED OVER-SIZED 10" WATER LINE
(ID9
@'4,4
EXHIBIT SHOWING RED Mju F@l 3-C,
A PROPOSED OVER-SIZED 10" WATER LINE
AND A PRC)POSED loll WATER LINE
SGM
L12-12
11/23/8
0 East Coast
LISCG
RED MILL FARM PHASE 3-C WATER COST PARTICIPATION AGREEMENT
L 12-12
Water
City cost per agreement $6,518.10
City cost savings $11,287.72
Assumptions:
1. City construction of 400' of 8-inch parallel line to have an equivalent
10-inch line, including two 8-inch valves.
City construction of 25 feet of 10-inch line, including one 10-inch
valve.
City construction costs are:
10-inch water line $27/L.F.
8-inch water line $24/L.F.
10-inch valve $650/EA
8-inch valve $500/EA
Pavement replacement $13/S.Y.
City construction costs increase 5% per year
City construction in five years
Annual Maintenance cost is $385/1000' pipe
Maintenance cost begins in five years
Maintenance cost increases 5% per year
Time value of money 8% per year
2. Future Value (FV) of City construction cost
FV = $21,118.91
Present Value (PV) of City construction cost
PV = $14,373.18
4. Present Value of maintenance annuity
PV = $3,432.64
5. Total PV of City construction and maintenance costt
$14,373.18 + $3,432.64 = $17,805.82
Net cost savings to City
$17,805.82 - $6,518.10 = $11,287.72
NOTE: Future construction in existing roads with attendant disruption to
traffic and citizens would be minimized.
SGM:mc
11/25/88
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 10 day of November 1988, by and
between Lakeside Construction Corporation
hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City.
WHEREAS, Owner is seized in fee simple of Red Mill Farm
Phase 3C and
WHEREAS, Owner is desirous of improving the Project in accordance with
the terms and conditions of the City ordinances and agrees to conform to
said ordinances; and
WHEREAS, in order for Owner to provide water service to this Project,
it is necessary for Owner to construct certain water facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing service
to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make ca5h payment to Owner in the amount of (s) 6518.10
Six thousand five hundred and
eighteen dollars & 10/100 - - - af ter successful completion of the System
and acceptance thereof by the City in accordance with the approved plans.
I
3. The City shall have the right at any time to make, connect, or
permit the connection of any other water facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof by
the City, Owner hereby agrees that the System, including but not limited to
water connections, water mains, valves, fittings and all other facilities,
shali be deemed dedicated to the City of Virginia Beach as of the date of
the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and all
liability of - whatever nature arising out of the design, approval,
construction, and/or installation of the system. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sale cost shall defend the
City against such claim.
6. This Agreement shall inure to the benefit of and be bindinglupon
the parties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, at Owner's expense.
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
Manager)
DATE
ATTEST:
(SEAL)
City Clerk
President
rc-
DATE o
EAL)
Secretary
APPROVED AS TO CONTENTS:
D@artment of Pu@"ic Utilitied
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
3
STATE OF Virginia
CITY OF Virginia Beach
1, E. A. Rollins a Notary Public in and for the City
and State aforesaid, do hereby certify that Eric C. Anciprsr)n
and Patricia M. Windsor President and Secretary, respectively, of
Lakeside Construction
Corporation whose names are signed to the writing above,
bearing date of 11 / 10 / 8 8 have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this 10 day of November 1988.
My Commission Expires 8 / 9 / 9 1
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 198B.
Notary Public
My Commission Expires:
3/Be
4
- 45 -
Item Ill-G.7
CONSENT AGETIDA ITEN@' # 30566
Upon motion by Councilrqan Heischober, seconded by Councill'.Ian Balko, City
Council APPROVED:
Utility Projects for 51% Neighborhood Participation
@lighland Acres Sanitary Sewer $1,370,000.00
Old Princess Anne Water and Sanitary Sewer $ 130,000.00
Voting: 11-0
Council Members Votirig Aye:
Albert W. @-alko, John A. Baum, Vice Mayor Robert E.
Fentress, Farold Ileischober, Barbara tm. fienley, Reba
S. licC'@anan, John D. lloss, Mayor Meyera E. Oberndorf,
t@ancy Y. Parker, John L. Perry and William D.
Sesso,@ns, Jr.
Council @.einbers Voting ilay:
!4one
Council Members Absent:
None
- 46 -
Itein ITI-G.8
CONSENT AGENDA ITEi,,' # 30567
Upon motion by Councilman fleischober, seconded by Councilman Balko, City
Council APPROVED:
BINGO/RAFFLE PERMITS
DIAMOND SPRTNGS CARDENVIOOD PARK BINGO
OSIA RO@'A LODGE #254 BIIJGO
GREEN RUN ATHLETIC BOOSTER CLUB RAFFI,E
LIFE SAVING MUSEUM OP' VIRGINIA RAFFLE
l'IDEWATER D(74N SYNDRO@@E SUPPORT GROUP RAFFLE
VIRGINIA BEACH ORCHESTRA ASSOCIATION I@AFFL"
CHESAPEAKE BAY SKATING CLUB BINGO/RAFFLE
OLD DOriTNION AQUATIC CLUB BINGO/RAF'FLE
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, @oh.,i A. Baum, Vice Mayor Robert E.
Fentress, flarold Heischober, Barbara il. Henley, Reba
S. t@IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Jolin L. Perry and William D.
Sessor.-is, Jr.
Council Members Voting Nay:
None
Council iviembers Absent:
lqone
- 47 -
Iterp. III-G.8a.
CONSE14T AGENDA ITEM, # 30568
BY CONSENSUS, City Council DEFEPRED:
RAFFLE PERI@IITS
CENTRAL BUSINESS DISTRICT ASSOCIATION
OF VIRGINIA BEACH
(This aDPlication requires further investigation)
- 48 -
Iter,i III-G.9
CONSEiNT AGENDA ITa@' # 305"D9
Upon motion by Councilr@ian Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance -,uthorizing Tax Refunds in the amotint of
$4,820.40 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council '@lembers Voting Aye:
Albert W. Balko, John A. Bau-@n, Vice Mayor Robert E.
Fentress, liarold ileischober, Barbara @'. Henley, Reba
S. M@cClanan, John D. Moss, @layor Ileyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Will"am D.
Sessoms, Jr.
Council 14eyibers Voting Nay:
None
Council @4embers Absent:
None
FORM NO. C.A. 7 1 2/2/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
George N & Doris Jacovides 86 RE(]/2) 48384-2 11/21/85 79.51
George N & Doris Jacovides 86 RE(2/Z) 48384-2 6/5/86 79.51
Lynn-Dee Motel Inc 88 RE(2/2) 121957-2 6/5/88 2,153.22
Lynn-Dee Motel Inc 87 RE(1/2) 62269-2 12/5/86 189.00
Lynn-Dee Motel Inc 87 RE(2/2) 62269-2 6/5/87 189.00
3556 Shore Drive Associates 88 RE(1/2) 121088-4 12/5/87 95.16
George N & Doris Jacovides 88 RE(1/2) 52698-3 11/19/87 87.17
George N & Doris Jacovides 88 RE(2/2) 52698-3 6/1/88 87.17
Madeline S Andrews 89 RE(1/2) 2872-5 11/10/88 57.56
Landstown Meadows Associates 89 RE(]/2) 62487-6 11/15/88 80.07
Landstown Meadows Associates 89 RE(1/2) 62515-2 11/15/88 80.07
Total 3,177.44
This ordinance shall be effective from date of adoption.
Th- @v@ebatement(s@ totaling
were approved by
the Council of tP$ C'ty O' V'IWPL1/2ber
Beach on the- -- day of ---
Ruth Hodges Smith
City Clerk
ty Attorney
FORM NO. C.A. 7 11/1 7/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF T[iE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Princess Anne Lodge 8 FOP 86 RE(1/2) 79882-4 11/8/85 17.57
Princess Anne Lodge 8 FOP 86 RE(2/2) 79882-4 6/5/86 17.57
Princess Anne Lodge 8 FOP 87 RE(1/2) 84848-6 12/5/86 17.57
Princess Anne Lodge 8 FOP 87 RE(2/2) 84848-6 6/4/87 17.57
Princess Anne Lodge 8 FOP 88 RE(1/2) 88016-2 12/2/87 19.26
E R White eta] etc 85 RE(1/2) 97215-5 12/3/84 74.00
E R White etal etc 85 RE(2/2) 97215-5 6/5/85 74.00
E R White etal etc 86 RE(1/2) 104485-1 11/8/85 78.00
E R White etal etc 86 RE(2/2) 104485-1 6/5/86 78.00
E R White etal etc 87 RE(1/2) 110973-6 12/5/86 80.00
E R White etal etc 87 RE(2/2) 110973-6 6/4/87 80.00
Ernest Rorrer etals Trst FOP 85 RE(]/2) 78200-2 12/3/84 42.00
Ernest Rorrer etals Trst FOP 85 RE(2/2) 78200-2 6/5/85 42.00
Ernest Rorrer etals Trst FOP 85 RE(1/2) 78201-1 12/3/84 42.00
Ernest Rorrer etals Trst FOP 85 RE(2/2) 78201-1 6/5/85 42.00
Ernest Rorrer etals Trst FOP 86 RE(1/2) 84246-5 11/8/85 44.00
Ernest Rorrer etals Trst FOP 86 RE(2/2) 84246-5 6/5/86 44.00
Ernest Rorrer etals Trst FOP 86 RE(1/2) 84245-6 11/8/85 44.00
Ernest Rorrer etals Trst FOP 86 RE(2/2) 84245-6 6/5/86 44.00
Ernest Rorrer etals Trst FOP 86 RE(1/2) 84244-7 11/8/85 44.00
Ernest Rorrer etals Trst FOP 86 RE(2/2) 84244-7 6/5/86 44.00
Ernest Rorrer etals Trst FOP 87 RE(1/2) 89553-0 12/5/86 46.00
Ernest Rorrer etals Trst FOP 87 RE(2/2) 89553-0 6/4/87 46.00
Ernest Rorrer etals Trst FOP 87 RE(1/2) 89550-3 12/5/86 46.00
Ernest Rorrer etals Trst FOP 87 RE(2/2) 89550-3 6/4/87 46.00
Ernest Rorrer etals Trst FOP 87 RE(1/2) 89551-2 12/5/86 46.00
Ernest Rorrer etals Trst FOP 87 RE(2/2) 89551-2 6/4/87 46.00
Ernest Rorrer etals Trst FOP 87 RE(1/2) 89552-1 12/5/86 46.00
Ernest Rorrer etals Trst FOP 87 RE(2/2) 89552-1 6/4/87 46.00
E R White etal etc 88 RE(]/2) 115624-7 12/2/87 87.70
Ernest Rorrer etals Trst FOP 88 RE(1/2) 92993-1 12/2/87 50.43
Ernest Rorrer etals Trst FOP 88 RE(1/2) 92995-9 12/2/87 50.43
Ernest Rorrer etals Trst FOP 88 RE(1/2) 92994-0 12/2/87 50.43
Ernest Rorrer etals Trst FOP 88 RE(]/2) 92996-8 12/2/87 50.43
Total 1,642.96
This ordinance shall be effective from date of adoption.
The above gbatement(s) totaling
1,641.9____ _ were approved by
the Council of tle City of Vir 'I'
gii ta
Beach on the day of Decembe.r
Treasurer
A roved as to form:
Ruth Hodges Smith
City Clerk
ity At@,o@7
/7 i,%
Speed Lett(,,i-
T. J. Dale Bimson From Leslie L. Lilley
City Attorney Asistant City Attorney
:ubject Tax Refunds Dated 11/17/88
111.11.11 FOP Refund
Me,@s,ige OK to sign and place on Council docket.
I have discussed the FOP refund application with the City Assessor. He informs me that the
FOP purchased property from three different owners, all in the same area, i.e., Block I in
the specified niap area, such that all descriptions overlapped or described the same Parcel 18
in Block 1. These purchases by the FOP were for the purpose of establishing clear title.
The initial exoneration reflected a reduced acreage for Parcel 18. The reniaining exonera-
tions void outstanding delinquent taxes as double assessments on the same Parcel 18.
LLL/Imt
Date /z /1 /ifsigneq
WilsonJones Date Signed
l@l - I'll.Tlll . 11 I 86 1 1 1 i i r i ,,i i i i iI Ill t I 11 I11"@
- 49 -
Item IIT-G.9
CONSENT AGENDA IT@l # 30570
Upon motion by Councilinan Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance authorizing License Refunds iii the a,,Iount
of $4,442.8911 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
"The Agenda incorrectly reflected a total of
$4,542.80@.
Voting: 11-0
Council @'lenbers Voti-ng Aye:
Albert W. Balko, John A. Baum, Vice Vayor Robert E.
Fentress, liarold Heischober, Barbara iq. ile-@iley, Reba
S. @icclanan, John D. tmoss, @-@'ayor Meyera E. Oberndorf,
Nancy K. Parker, john L. Perry and William D.
Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
None
FOR. NO. C.A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Allen, Robert L., Jr.
T/A Dyna-Clean
805 Edwin Dr., #202
Va. Beach, VA 23464 1986/87 Audit 107.21 107.21
Atkinson, John T., Treasurer
City Hall Bldg.,
Municipal Center
Va. Beach, VA 23456 1986/87 Audit 110.75 110.75
Bayersdorfer, Frederick S.
2701 Columbus St., S-200
Va. Beach, VA 23462 1986/87 Audit 337.54 337.54
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Al)l)roved as to form,:
r,A
L)ale bimson
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5 55. 5 0 were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 1 9 -
Ruth Hodges Smith
City Clerk
FO.. NO, C@A@ 8 REV. XW
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
D & R Towing, Inc.
4849 Haygood Rd.
Va. Beach, VA 23455 1986/88 Audit 81.16 81.16
Douglas, William R.,Pres.
B & J Services, Inc.
925 Timberlake Dr.
Va. Beach, VA 23464 1987 Audit 53.30 53.30
Jacobs, James Bruce
T/A American Standard Computers
1 Koger Exec. Center, S-211
Norfolk, VA 23502 1987 Audit 70.52 70.52
Certified as to Payment:
@bert P. Vaughan
Commissioner of the Revenue
Approved as to fotm:
Dale Bimson
ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2 04 . 98 were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C,A, 8 REV. 3@86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Jones Safety Supply, Tnc.
909 Ventures Way
Chesapeake, VA 23320 1986/88 Audit 634.46 634.46
Kempsville Lobster Corp.
T/A Hagan's Restaurants
1140 Kempsville Rd.
Chesapeake, VA 23320 1987/88 Audit 504.12 504.12
Muffenbrier, Barbara J.
T/A Green Scenes
5171 Westerly Dr.
Va. Beach, VA 23464 1986/87 Audit 114.00 114.00
Certified as to Payment:
@obert P. Vaug-han
Commissioner of the Revenue
Approv -ed as to
16@al@ Bi@ms6n
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1 , 2 52 . 58 were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 119 -
Ruth Hodges Smith
City Clerk
FORM NO. C@A, 8 FIEV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Peek, Peggy
T/A Bay Beach Beauty Salon
2913 Lynnhaven Dr.
Va. Beach, VA 23451 1987 Audit 14.00 14.00
Shore Drive Partnership
T/A Shore Drive Fill-Um-Fast
2619 Wyoming Ave.
Norfolk, VA 23513 1987/88 Audit 70.00 70.00
Simon Enterprises, Inc.
T/A Hair Connections
905 W. Ferry Plantation Rd.
Va. Beach, VA 23455 1988 Audit 234.90 234.90
Certified as to Payment:
(R66ert P. Vaughan
Commissioner of the Revenue
Approved as to fofm:
6i -be Ire'Bi -ms6n
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 1 8 9 0 were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM @. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE RR:VENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Volkman, Donald W.
T/A DWV Company
1712 North River Rd.
Va. Beach, VA 23454 1987 84.00 84.00
Young, Franklin R., Pres.
Yacht Haven Marine, Inc.
c/o P. 0. Box 646, Box 13G
Moneta, VA 24121 1984/85 373.11 373.11
Certified as to Payment:
-Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 57 . 11 were approved by the Council
of the City of Virginia Beach on the 1day of D@cpmhpr .19
Ruth Hodges Smith
City Clerk
FOfIM NO. C.A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Gusto, Inc.
T/A Caesar's Oceanfront
8044 Camellia Road
Norfolk, VA 23518 1986/87 Audit 111.19 111.19
Hagar, Incorporated
T/A Popeye's Famous Fried Chicken
1323 - 14th Street, NW
Washington, DC 10055 1985/86 Audit 297.01 297.01
Jade Pagoda, Inc.
620 High Point Avenue
Va. Beach, VA 23451 1986/88 Audit 36.45 36.45
Margot's, Inc.
323 Laskin Road
Va- Beach, VA 23451 1986/88 Audit 289.76 289.76
Certified as to Payment:
n
Commissioner of the Revenue
Approved as to form:
/City Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $734.41 ere a Uroved by the Council
@ecem@ r
of the City of Virginia Beach on the- day of 19 88
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 FIEV, 31M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Bowman, Dennis J.
T/A Pablo's
406 Terrace Ave.
Va- Beach, VA 23451 1988 071488 30.00 30.00
Deglow Jerold William
T/A Deglow's Cabinets
844 - 23rd Street
Va. Beach, VA 23451 1984/85 Audit 81.27 81.27
Eureka Company, Inc.
1201 E. Bell Street
Bloomington, IL 61701 1986/88 Audit 229.97 229.97
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 34 1. 2 4were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO, C.A. 8 REV, 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Udan, Leonard & Carmen
T/A Lee & Carmen Hair Styling
1033 Providence Square
Va. Beach, VA 23462 1987/88 Audit 28.90 28.90
Val's Pizza of London Bridge, Inc.
248 London Bridge Shoppinq Center
Va. Beach, VA 23454 1986/88 Audit 131.36 131.36
Virginia Aqua Cell, Inc.
4522 Good Adams Lane
Va. Beach, VA 23455 1984/87 Audit 39.60 39.60
Certified as to Payment:
Commissioner of the Revenue
Approved as to formll
Dale Bimson
/6ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1 99 . 8 6 were approved by the Council
of the City of Virginia Beach on the 1 9 day of December '19 88
Ruth Hodges Smith
City Clerk
FOPIM NO. C.A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
miles, Janice
T/A Miles Advertising Co.
3677 Bancroft Drive
Va. Beach, VA 23452 1987 Audit 150.00 150.00
Perron, William H.
T/A Back in Time Photo
701 St. Nicholas Square
Va. Beach, VA 23454 1987/88 Audit 240.00 240.00
Robb, Shiela D.
1507 Buena Vista Blvd.
Roanoke, VA 24013 1988 Audit 54.00 54.00
Shared Enterprises, Inc.
T/A DP Ideas
2817 Shiflett Court
Va. Beach, VA 23456 1986/87 Audit 34.31 34.31
Certified as to Payment:
@obert P. Vaugh@n
Commissioner of the Revenue
AI)r)roved as to forrn:
I,IJ4
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $4 7 83 1 were approved by the Council
19 December 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
- 50 -
Iter,i III-H.I.
APPOINTMENTS ITFII # 30571
Pursuant to Section 15.1-494 of tlie l@50 Code of V4rginia, as amended, the
Circuit Court APPOINTED:
BOARD OF ZONING APPEALS
laul N. Sutton
(NO ACTION was taken by Ci-ty Council)
- 51 -
Item III-Fl.2.
APPOINTMENTS ITEIL # 30572
Upon NOMINATION by Councilman 14oss, City Council APPOINTED to:
CO@IUNITY SERVICES BOARD
@iichael J. Barrett
Tliree year tern - January 1, 1989 - December 31, 1991
Jacqueline B. Beach
Three year term. - January 1, 1989 - December 31, 1991
Frances C. Curtis
Three year term - January 1, 1989 - December 31, 1991
Voting: 11-0
Council Meribers Voting Aye:
Albert W. Ballco, John A. Bau,,n, Vice @,layor Robert E.
Fentress, Harold 14eischober, Barbara lienley, Reba
S. McClanan, John D. Moss, @layor Meyera E. Oberndorf,
Nancy K. Parker, Jolin L. Perry and Williar@i D.
Sessoms, Jr.
Council Me,,@ibers Voting Nay:
None
Council @iei,.bers Absent:
None
- 52 -
Iten III-F,.3.
APPOINTMENTS ITEIII # 30573
Upon NOMINATION by Counciliian Moss, City Council APPOINTED to:
PUBLIC LIBRARY BOARD
Crisanto D. Romero
Unexpired terri thru August 31, 1989
Voting: 11-0
Council i,lembers Voting Aye:
Albert W. Balko, John A. Baur@,, Vice @-@"ayor Robert E.
Fentress, Harold lieischober, Barbara M. Fenley, Reba
S. @@'cClaian, John D. Moss, @'i'ayor @ieyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessor,s, Jr.
Coup.cil @ie.,nbers Voti-ng Nay:
l@ one
Council @leribers Absent:
i@one
- 53 -
Item III-H.4.
APPOINTMENTS ITE?L # 30574
Upon INOMINATIOII by Vice ',Iayor Fentress, Citv Council REAPPOINTED to:
RESORT AREA ADVISORY COMKISSIO14
Timothy Barrow - Cliair
Three year term - Jantiary 1, 1989 - Deceff@ber 31, 1991
Davi-d R. Hager
Two year term - January 1, 1989 - December 31, 1990
Tliofqas C. Kyrus
Three year term - January 1, 1989 -Decenber 31, 1991
Roger F. Ilewill
Two year term -January 1, 1989 -Deceniber 31, 1990
R. J. Nutter
Two year term -January 1, 1989 -December 31, 1990
Ed,nund C. Fuffin
Two year terr@i -January 1, 1989 -December 31, 1990
Thomas S. Shadrick - Vice Chair
Three year term -January 1, 1980 - December 31, 1991
R. @Lawson Taylor
Tliree year ter@m -January 1, 1989 - Decenber 31, 1991
@,ruce L. ThoDipson
One year terp.1 -January 1, 1.989 - Decerqber 31, 1989
Robert 1'. Valcos
Three year term -January 1, 1989 - December 31, 1991
Patricia '-. V@'allace
Two year term - January 1, 1939 - Dece.,nber 31, 1990
Betty C. Wells
One year term - January 1, 1989 -Deceriiber 31, 1989
AND APPOINTED:
R. Patri-ck Gorrez
One year tere, - January 1, 1989 - December 31, 1989
Janis H. Kitchin
One year term- - January 1, 1989 - Decerqber 31, 1989
Lawrence R. Siegel
One year term - January 1, 1989 - December 31, 1939
- 54 -
Item ITI-ii.4.
APPOINTMENTS ITFY! # 30574 (Contintied)
Voting: 1,,-0
Council tle-mbers Voting Aye:
Albert W. Balko, Johr, A. Baiim, Vice liayor Robert E.
Fentress, Ilarold flieischober, Barbara -111. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
14ancy K. Parker, Jofin L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
No@e
Council I'lerqbers Absent:
t@@one
- 55 -
Item III-H.5.
APPOINTMENTS ITFIvi' # 30575
Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTV-,D to:
VIRGINIA BEACII COMKUNITY DEVELOPMENT CORPORATION
John Boon
Four year term - January 1, 1989 - December 31, 1992
Voting: 11-0
Council Members Voting Aye:
Albert @,'. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara tl. 1'enley, Reba
S. @IcClanan, John D. lioss, !4ayor @leyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council @lembers Vot'@ng Nay:
None
Council Members Absent:
@None
- 56 -
Itein III-1.1.
UNFINISHED BUSINESS IT12,,i # 30576
ADD-ON:
Upon ,@iotion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED, AS AMENDED:
Resolution requesting the State Ilealth Departilent
to issue Vrs. Iliamie Brock a septic tank permit as
previously allowed for lier house at 2319 Princess
Anne Road.
Line 28:
The word "unwilling" shall be changed to the word
"unable".
Line 32 and 33 shall be amended to read:
m
... ilrs. !,la, ie Brock to use a septic tank as
previously allowed
Voting: 11-0
Council @,'e-,nbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold lieischober, Barbara @l. lienley, 1'eba
S. l,'@cClanan, John D. Moss, il@'ayor Meyera E. Oberndorf,
liancy K. Parker, john L. Perry and William D.
Sessoms, Jr.
Council Members Votin-. @@lay:
None
Council Dlembers Absent:
None
1
2
3
4
5
6 RESOLUTION REQUESTING THE STATE
7 HEALTH DEPARTMENT TO ISSUE MRS.
8 MAMIE BROCK A SEPTIC TANK PERMIT
9 FOR A SEPTIC TANK AS PREVIOUSLY
10 ALLOWED FOR HER HOUSE AT 2319
11 PRINCESS ANNE ROAD
12
13
14 WHEREAS, Mrs. Mamie Brock's dwelling at 2319 Princess
15 Anne Road was destroyed by fire on or about May 6, 1987; and
16 WHEREAS, Mrs. Brock built a new dwelling and proposed
17 to hook it to the septic tank system that had been utilized for
18 the house that was destroyed by fire; and
19 WHEREAS, said septic tank system was destroyed either
20 during demolition of the old dwelling or during construction of
21 the new dwelling. The soil conditions on her property were
22 deemed inappropriate for environmental reasons for issuance of a
23 septic tank permit; and
24 WHEREAS, the State Health Department is currently
25 willing to issue Mrs. Brock a conditional repair construction
26 permit to build a shallow placed low pressure distribution system
27 (LPD system); and
28 WHEREAS, Mrs. Brock is unable to build the LPD system
29 because of the expense of same.
30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
31 CITY OF VIRGINIA BEACH, VIRGINIA, that City Council requests the
32 State Health Department to allow Mrs. Mamie Brock to use a septic
33 tank as previously allowed and that the State Health Department
34 is currently willing to authorize.
35 Adopted by the Council of the City of Virginia Beach,
19 December 88
36 Virginia, on the _ day of 19-.
37
38
3 9
40 12/19/88
41 CA-3090
42 Brock.Res
- 57 -
Iten 1II-I.2.
UNFINISHED BTJSINESS ITD/I # 30577
ADD-ON:
Councilwoman l@cclanan referenced letter of Deceriber 16, 1988, from Glenn E.
Tainter, President, Courthouse/Sandbridge Coalition of Civ4-c Organizations
expressiiig support in establishing neighborhood municipal facilities on the
large parcel of land located on the northwest corner of General Booth Boulevard
and Ferrell Parkway intersections. (Said letter is hereby made a part of the
record.)
Upon motion by Councilwoman 14cClanan, seconded by Councilman Perry:
The City Manager shall renegotiate with property
owner of parcel of land located on the northwest
corner ol@ the General Booth Boulevard and Ferrell
Parkway relative Southeastern area Recreallion
Center Site for office zoning.
Voting: 8-2
Council @lembers Voting Aye:
Albert W. Balko, John A. Baum, Harold il@eischober,
Reba S. @IcClanan, @layor lleyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Merqbers Voting @@ay:
Barbara 111. Ilenley and John D. %loss
Council I-lerqbers Absent:
Vice il@'ayor Robert E. Fentress
Item III-J.1.
NEW BUSINESS TTEYI # 30578
ADD-ON
A IIIOTIO'iq was riade by Councilwoman @',cClanan to SCliEDULE for tlie City Council
Meeting of January 9, 1989 applications of SHIPPS CORNER NURSERY COMPANY for
Changes of Zonin,R, District Classification (PRINCESS ANNE BOROUGH): Frorl AG-1
Agricultural District to I-2 Heavy Industrial District, on property located 600
feet North of Shipps Cor er@Road, 530 feet more or less East of London Brid-.e
Road, coitaining 1.566 acres more or less; AND, froni AC-2 Agricultural District
to I-2 Heavv Industrial District, on property located on the North side of
Shipps lorner Road, 250 feet East of London Bridge POad, containing 13.179
acres more or less.
This item i;as SCIIEDULED to be heard at the City Council Meeting of January 23,
1989.
Councilivoman @IcClanan WITHDREW the MOTION.
- 59 -
Item III-J.2.
NEW BUSINESS ITEIL # 30579
Giles Dodd, Assistant City Nianager for Administration presented the Interim
Financial Statements for the Period July 1, 1988, through October 31, 1988.
Said Statements were distributed to City Council and are hereby riade a part of
the record.
- 60 -
Iter, !II-J.3.
NEW BUSINESS IT-FANI # 30580
ADD-ON
In accordance with City Code Section 2-83, the ili'ayor DECLARED:
December 23, 1988
CITY EMPLOYEE HOLIDAY.
- 61 -
Item III-K.I.
ADJOURNMENT ITEM 30581
Upon motion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 6:30 P.M-
Beve@ 0. Hooks
Chief Deputy City Clerk
th Hodg S.,th, CMC
Clty Cl@rk
City of Virginia Beach
Virginia
December 19, 1988
1989
L E G IS LA TI V E P R OP 0 SALS
PRESENTED FOR CONSIDERATION
TO THE
VIRGINIA GENERAL ASSEMBLY
As Adopted by the Council of the City of Virginia Beach
December 12 and December 19, 1988
CITY OF VIRGINIA BEACH
1989 LEGISLATIVE PROPOSALS
INDEX
CHARTER CHANGES
1. Resort Area Retail Sales Tax
2. Transferable Development Rights
OTHER ISSUES (Listed AlPhabetica]IY)
3. Alternates to Board of Zoning Appeals
4. Assumption of Tourist Establishment Inspections
5. Back Bay Restoration
6. Civil Penalties for Violations of Zoning Ordinance
7. Commission on Transy rtation in the 21st Century
8. Direct Election of School Board
9. Educational Appropriation Criteria
10. Fire Prevention and Protection
11. Funding of Education
12. Health and Related Insurance for City Employees
13. Increase in Court Fees
14. Indigent Health Care
15. Merchants Capital Tax
16. Non-Tidal Wetlands
17. Pendleton Child Service Center
18. Runaways and Secure Detention
19. Tax Exemption for Water Works Equipment
20. Tree Protection
21. VSRS for Council Members
AGRICULTURAL ISSUES
1. Farmers Wholesale Markets
2. State Registration for New Pesticides
3. Cleanup of Back Bay and North Landing Watersheds
4. Non-Tidal Wetlands
5. Land Use Assessment
CHARTER CHANGE
RESORT ARF-A RETAI--L SALES TAX
The City is embarking on a very ambitious revitali-
zation of its resort area basicary between Rudee Inlet and
Forty-Eighth Street and to the west through the
commercial and other resort related areas. This plan which
may cost as much as $60 A4illion over ten years is being
partially funded through an increase in the room tax on
hotels and motels throughout the city. In order to more
accurately distribute the burden for paying for the resort
revitalization, there needs to be other methods for raising
funds.
RECOMMENDATION:
it is requested that the General Assembly amend the
Charter of the City of V Beach to allow the City to
levy and collect a tax of one-haff of one per cent upon all
sales of retau merchandise within such district; provided,
that the proceeds from such tax shan be used for no other
purpose but the fundmg of iunprovements withm the
district; and provided, further, that sue-h tax shall
forthwith be repealed upon completion of such
improvements.
Item #1
CHARTER CHANGE
TRANSFERABLE DEVELOPMENT RIGHTS
City Councfl has been increasingly concerned over the
degradation of the environment in the city, particularly around
the Back Bay and North Landing watersheds. As part of their
concern and in an effort to control growth, they downzoned
over 2,000 acres of land, located south of the green line, back
to agricultural zoning in 1986. However, even with the
downzoning to agricultural classifications, much of the land can
be developed under the AG-2 zoning categories to densities as
high as one unit per acre. Further, Council is concerned over
the effect that development of one-acre lot subdivisions would
have on the viability of farming within the city. In order to
consider these threats to the environment, farming, and the
City's ability to provide infrastructure, two consulting firms
were contracted to examine the feasibility of transferable
development rights. The Virginia Beach Growth Management
Study produced by these consultants has recommended that the
City seek authority from the General Assembly to have the
ability to transfer development rights from one property to
another. Basically, tbis would mean that a sending zone would
be designated within the city and a receiving zone would also
be designated. The rights to develop property in the sending
zone would be severed from the property and transferred to
the receiving area in an open market sale/purchase transaction.
Therefore, property owners in the southern portion of the city
would have the opportunity to sell in an open market their
development rights to persons interested in developing a
receiving area to be designated by City Council. We strongly
believe that if the TDR concept is pursued, the City will be
able to manage the infrastructure needs for a considerable
portion of the city, protect the environment in the Back Bay
and North Landing watersheds more comprehensively, and also
give farming an opportunity to thrive without the conflicts
caused by encroacbing development of an unpredictable and
piecemeal nature.
RECOMMENDATION:
The General Assembly is requested to enact a ch-ge to
the charter of the City of Virginia B-(-,h -hich -ld permit
or require througli its zoning, subdivision and other
development regulations: (1) the transfer of development rights
from one parcel of land to another; (2) restricting -
prohibiting further development of the parcel from which such
rights are transferred; and (3) increasing the density
intensity of development on the Parcel to which such rights
transferred. The City may further Provide for the -thod Of
transfer of such rights and may provide for the gr-ting Of
easements and reasonable regulations to effect and cont-I such
transfers and assure compliance with the provisions of such
ordinance.
Item #2
ALTERNATES TO BOA.RD OF ZONING APPEALS
Currently, Section 15.1-494 of the Code of Virginia allows
five members to be appointed to the Board of Zoning Appeals.
However, the Code also states that three affirmative votes are
required to effect a variance regardless of the number of
members present.
RECOMMENDATION:
The General Assembly should allow by ordinance for the
provision by appointment of one to three alternates to the
Board of Zoning Appeals whose quaUificatiLons in terms of office
sh&U be the same as the regular members, and for the
compensation and duties of such alternates. House Bill 164
introduced by Delegate Crosbaw in the 1988 Session was carried
over for study. U enacted the measure would accomp@h
Council's request.
Item #3
ASSUMPTION OF TOURIST ESTABLISHMENT INSPECTIONS
In 1988 the Department of Health stopped its inspections of
tourist related establishments for health and other problems.
This was a special inspection that was done of hotels and
motels and other establishments that mainly catered to the
tourist trade. If these inspections continued, it was made the
responsibihty of the locality in which the establishment was
located. Tourism is an important industry for all Virginia and
it is in the Commonwealth's interest that all these facilities be
as healthful as possible. A health related incident in any
establishment would quickly become known nationwide and
could harm the tourist industry throughout the Commonwealth.
RECOMMENDATION:
The General Assembly is requested to fund the State
De nt of Health so they can reassume its inspections of
tou@t estabhshments for health and other problems. U the
General Assembly is un g to do this, it should enact
enabling legislation to auow localities to estab@h by ordinance
a @ge based on the cost of the inspection as performed by
municipal employ-.
Item #4
BACK BAY RESTORATION
The Back Bay area of Virginia Beach is suffering from
harmful environmental effects of urbanization, increased
stormwater runoff, and agricultural practices. City Council has
provided funding for the preparation of the Back Bay
Management Plan which also addresses siniilar problems in the
North Landing River drainage adjacent to the Back Bay
drainage. City staff working with the Back Bay Restoration
Foundation, a non-profit organization, have identified
approximately 116 drainage ditches feeding Back Bay and North
Landing River. These ditches carry stormwater drainage
containing parking lot runoff, agricultural chemicals, and other
substances harmful to the health of these waterways. Water
control structures which act as traps for sediment and water-
borne agriculture pollutants have been identified as particularly
beneficial in improving the health of these waterways.
RECOMMENDATION:
The General Assembly should appropriate $250,000 to the
City to be administered by the City for the const-ction Of
water control structures for ditches flowing into the
Back Bay and North Landing watersheds. These water control
structures would reduce by 40 to 60 percent the amount of
sediment and sediinent-borne mate@ which - injuring these
waterways. cort-sharing wiU be provided by the f-- wh-e
land the ditches drain, the federal gove-nt and other
entities.
Item #5
CIVEL, PENALTIES FOR VIOIATIONS OF ZONING
ORDINANCE
A number of localities within the Commonwealth, particu-
larly those including Fairfax County and the conti&ruous
localities were able to establish through ordinance a uniform
schedule of civil penalties for violations of specified provisions
of the zoning ordinance. The enactment of civil penalties shall
not include any zoning violation resulting to injury to any
person or persons and the existence of a civil penalty shall not
preclude action by the zoning administrator or action by the
governing body under separate sections of the Code. The limit
for civil penalties shall be uniform, but each type of specified
violation or the penalty for any violation shall not be more
than $50.00. Each day the violation exists shall be a separate
offense but the total for the same violation shall not exceed
$250.00.
RECOMMENDATION:
The General Assembly shad amend the Code of Vir@,
Section 15.1-499.1 to include Virginia Beach under those
localities auowed to enact civfl penalties for violatio- of the
zoning ordinance.
Item #6
CONMSSION ON TRANSPORTATION IN THE 21ST
CENTURY
The Commission on Transportation in the 21st Century
(COT 21) in its first phase recommended and the General
Assembly approved tax increases for funding of transportation
needs by the State. Phase II has been deliberating since
December 1986 suitable revenue enhancements to localities for
transportation related infrastructure improvements. The
deliberations of the Committee have involved a series of pubhc
hearings which have revealed there is stin a large backlog of
transportation, especially road construction, needs. In Virginia
Beach, for instance, there is an identified $800 Million backlog
for which we are now receiving an additional $12 Million to
$14 Million a year from the Commonwealth. Tws creates an
unacceptable amount of time in meeting the backlog.
RECOMMENDATION:
The General Assembly should adopt a package of revenue
enhancements for u@tion by umts of local government m
the Commonwealth for transportation needs. These should
include the following, many of which were introduced m the
1988 Session and carried over (items in parentheses).
impact fees to be assessed on development for offsite
infra-stiracture improvements.
ion of zoning allowed under Section 15.1-491 of the
Code of V (old conditional zoning) to all Vir@
jurisdictions. (House Bin 1033, Delegate McC and
House Joint Resolution 125 (Study), Delegate Cranwen).
Provide through a change in the Code of Virginia for bmd
zoning or use to be frozen on parcels identified as being
impacted by a corridor for a proposed highway. This
would ahow for bmd use and zoning to be frozen for a
reasonable amount of time on Is identified as lymg
wiLthin the corridor for a new road or other transportation
@. The Commonwealth or localities would need to be
mak-ing a good faith effort in progressing toward the actual
purchase of the right-of-way. This could include
environmental studies underway, corridor location rtudier- or
other actions such as these. (Senate Bill 227, Senator
WaddeH).
Item #7 Page I of 2
Local optlon gas tax. A two percent per gauon tax -
V@ Beach would produce approximately $3 miuion per
year. This tax would only be levied ff adopted by the
adjoining cities within the region. Further, this tax should
only be enacted ff the enabling legislation specificauy
states that: (1) aU funds raised through this new revenue
source be returned to the governing body of the
@diction within which the funds were raised, and (2) the
funds be available for use for any transportation system
improvement.
Item #7 Page 2 of 2
DIRECT ELECTION OF SCHOOL BOARD
Virginia is the last state to not auow direct election of
school boards. On November 3, 1987, the voters of Virginia
Beach expressed their opinion during an advisory referendum
that the General Assembly should amend the Charter of the
City of Virginia Beach to allow a directly elected school board.
RECOMMENDATION:
The General Assembly should amend the Cb-ter of the
City of Virginia B@ to allow for a direcuy e@ed sch-I
board, and that the elected sehool be granted h-ted
ta3ring authorfty. House BM 128 patroned by Delegate McC
was carried over in the 1988 General AssemblY Sesai0n fOr
study. Thir. biU would accomplish Councflls recommendation.
Item #8
EDUCATIONAL APPROPRIATION CRITERIA
The State Board of Education proposed in mid-1988 to
change the number of categories by which City Council could
appropriate funds to the School Board. Up to this time
Council could appropriate funds in either a lump sum or by 13
different budget classifications. City Council has used the 13
budgetary categories in its appropriation to the School Board
for several years. The School Board was prohibited from
transferring funds between the 13 categories without City
Council approval. This allowed Council a measure of oversight
into the expenditure of city tax dollars by the School Board.
When the State Board of Education proposed to reduce the
number of categories to five, the City, many localities, and the
Virginia Municipal Leagure formally opposed such a reduction.
In fact, there was widespread sentiment that the number of
categories be increased to provide greater oversight by county
and city government bodies. In spite of this opposition, the
State Board of Education has formally adopted the reduced
number of budgetary categories.
RECONMNDATION:
The General Assembly should by statute reinstitute at least
the 13 budgetary catego@ and give serious consideration to
expanding the categories to 19. Under the current five
categDries, over 70 percent of the funds appropriated to the
Virgmia Beach School Board are m one category without any
review by City Councfl who must raise and appropriate the tax
do@.
Item #9
FIRE PREVENTION AND PROTECTION
The question of fire safety in Virginia Beach hotels and
multi-famfly residences was given much attention by the media
in early 1988. Based on media attention, the City revamped
some of its inspection procedures and redesignated those
responsible for assuring Virginia Beach hotels, motels and
multi-family residences were as firesafe as allowed under the
Code of Virginia. The City Manager also appointed a
committee to examine fire safety throughout the city and their
report was made to Council in September. The committee in
its exaniination came to the conclusion that under existing
Virginia law, the City on its own could not enact any fire
prevention or protection measures stronger than that allowed
under the Code of Virginia from which the State Unfform
Building Code is designed.
RECO ATION:
The General Assembly should adopt cbnnges tO the Code Of
of V that would arow all locahties to have strtcter rlre
prevent3Lon regulatilons and buildling req--ntr- th- -
anowed under the Uniform Statewide Buflding Code. The
ebanges to the Code would be as r-tip@ted.
To adolpt fire safetv, regulations more restrictive or
mc scode otherwise prov.- by law;
p that such reomtlons shau apply only to
hotels. motels, g houses and simillir buildings
arranged for shelter and sleepinff accommodat'Ons anct In
which olcupantr- are primaruv transient in nature and to
multiple family Twel-hngs havmg more @ two dweuing
m@ts, including ses and simhar
buildings arranged for shelter and s in
in which the occupantr. are p Y not transient in
nature; and to = suitable penaltier, and remedies, eivit
and criminal. for the violation of such re@tions. For
purposes of this section,
shall include any re@ti
comi3i]ation thereof, pres,
rc
in manne
which are to safo
hazard of fire or any cause.
To require hotels and motels lDreviLouslv Mnstructed or
d to provide r iDrotect]Lon within
no less tban ten vel tive date of thils
section.
Item #10
FUNDING OF EDUCATION
The Constitution of Virginia states "The General Assembly
shall provide for a system of free public elementary and
secondary schools for all children of school age throughout the
Commonwealth and shau seek to ensure that an educational
program of high quality is established and continually
maintained." To meet this requirement, the Legislature has
established the Standards of Quality which mandates the
existence of educational programs throughout the state.
Because the General Assembly is responsible for providing a
system of free public education, it should also support
financially those aspects of the educational program which it
mandates by law. These mandates should be funded on the
basis of realistic average costs and the state should bear a fair
share of the cost. It is the responsibility of the state to fund
on a state-wide basis the Basic Education Program of a student
in the Commonwealth.
RECOMMENDATION:
The General Assembly should raire the per pupil allocation
for 1989-90 to that amount reconkmended by the State B@ of
F,ducation wluch reflects the actual cost of the Standards of
@ty,. This funding should not be at the expense of the
other aid to localities. Further, the Gene@ Assembly should
fully fund all newly mandated programs.
Item #11
HEALTH AND RELATED INSURANCE FOR CITY
EMPLOYEES
Virginia Beach, along with many other jurisdictions, has
had great difficulty in the last several years in providing
health insurance coverage for its employees. Due to the
proliferation of the variety of health plans offered, it is
sometimes difficult to have enough employees in a single
jurisdiction to qualify for acceptable rates under certain plans.
The General Assembly has authorized the Governor through the
Code of Virginia to estab)ish a plan for providing health
insurance coverage for all state employees. If local juris-
dictions were allowed by resolution to elect to have its officers
and employees who are regularly employed full time on salary
basis to become eligible in the state plan, it would allow
localities to offer an additional health insurance option to its
employees.
RECOMMENDATION:
House Bill 1051 patroned by Delegate Moss of Norfolk
would allow city and school system employees to eumil m the
State's Health Care Program. This measure was carried over
for study by the 1988 General Assembly. Passage of this bill
would accomplish the City's request.
Item #12
INCREASE IN COURT FEES
Cities have been historically required to provide at their
own expense court facihties. These are responsibilities
mandated by the Commonwealth, but the Commonwealth does
not allow any funding mechanism to be initiated to pay for
these very expensive infrastructure improvements. Virginia
Beach, for instance, is now faced with the construction of an
over $30 Million court facility that would move all the court
functions to one site and provide a physical joining with the
jail for secure movement of prisoners. The design of this
facility has been reached after much discussion with the judges
and other individuals involved with the courts, and is also
geared toward the growth the City should encounter within the
next ten years. It is inappropriate however for the citizens to
be required to pay for this facihty when it should more
rightfully be funded by the users of the courts.
RECOMMENDATION:
The General Asrembly should adopt House BiU 245 patroned
by Delegate Croshaw in the 1988 Session to provide, through
inmmes in fees related to the courts, sufficient funds for the
City to pay for a n-rter court facility. This bill would allow
all V localities to in@e the fees of court Proceedings
to pay for jails, courts or related expenses-
Item #13
INDIGENT HEALTH CARE
The problems of providing health care to indigent Virginia
Beach residents continue to grow at an alarming rate. Many of
these problems are shared with other Virginia communites while
others have unique aspects. A major shared concern is with
Medicaid and state/local hospitalization. Although these
programs are relatively equitably distributed throughout the
state and cover a variety of medical care needs, they cover
only a small percentage of those needing care who cannot
afford it according to state eugibility standards. Virginia
Beach is a prime example. Of the 36,000 persons below the
poverty level in the city, only 6, 000, or one out of six, is
entitled to Medicaid. Because state/local hospitalization does
not provide access to private physician care, and only such
hospital care is available in Virginia Beach, most of the 30,000
not covered by Medicaid receive nothing but emergency care at
local hospitals and tertiary care at Norfolk General Hospital.
For low income residents the state provides certain
categorical medical services through health departments:
prenatal, family planning, well baby care and immunization.
Because no new positions and minimal additional financial
support has been provided to the Health Department since 1975
(during which time the city's population has increased by
150,000), citizens seeking the above services but unable to
receive them continues to grow. Virginia Beach remains the
least funded health district in the State.
The comprehensive outpatient and inpatient medical care
for low income persons -- which is a State responsibility by
statute -- has been carried out via medical education funds.
These have been provided to the Medical College of Virginia
and to the University of Virginia Medical School. A token
amount of approximately seven percent of the total medical
education funds has been given to the Medical College of
Hampton Roads. Because the area hospitals using these funds
for patient care are not in Virginia Beach (and thus do not
take the City's patients), even such hmited funds offer no
solution for low income residents seeking care. Such residents
must travel to the Medical College of Virginia for basic medical
care.
In the area of low income obstetrical care a state grant
plus Medicaid fees for service dollars have allowed the City to
develop and maintain a contract for deuvery and related care
with local obstetricians. Without this grant, which must be
initiated through political and legislative action each year, a
crisis will occur in delivery service with increased infant
mortality and morbidity as likely outcomes.
Item #14 Pg. 1 of 2
The City of Norfolk through its tertiary and other
hospitals provides emergency and tertiary care to Virginia
Beach residents. This increased their uncompensated care costs
(which are annually over $20 Million) and directly adds to
medical care costs for paying patients. All Tidewater cities,
due to their inaccessibility to the State funded care provided
at the Medical College of Virginia and the University of
Virginia Medical School, share in a lack of low income care
and/or a large and growing uncompensated care bill at area
hospitals.
RECOMMENDATION:
This is a complex and growing proble- -hich the Ge-ral
Assembly can begtn to effectively deal -th by:
1. providing an annual obstetriml delivery grant to Virginia
B@ of $100,000 or a minimum of 50 percent of the -t
of delivery care for low income residents. Such matched
funds should be provided wherever needed to P-vide &de
delivery care in Virginia.
2. Requiring an equitable and adequate per -pita distribution
of health department funds so that each V resident
requilrmg mandated health department services wiU have an
equal opportunity to receive them statewide.
3. Develop a regio@ gr-t P-gra- tO P-vide fOr lOw
mcome medilcal care. A regional program in HamPton
Roads could address both medlical care needs Of lOw mcO-
persons and uncompensated mm expenses of area hospitals -
Item #14 Pg. 2 of 2
MERCHANTS CAPITAL TAX
Current legislation, effective July 1, 1989, could cost the
City of Virginia Beach as much as three minion dollars in lost
revenues. This legislation changes all tangible personal
property rented for a period of 90 days or less to Merchants
Capital which Virginia Beach cannot tax.
RECOMMENDATION:
Presently there are two propored recommendations under
consideration by a Special Joint Subcommittee of the General
Assembly studying short term rentals as an alternative to
current law. Recommendation #2 m its present form arows for
a sepamte dwsification of personal property for short term
rental and contains the least amount of revenue loss to the
City while stir ahowing for some tax relief to the affected
rental industry. This is the recommendation mort favorable to
the City of V Beach.
Item #15
NON-TIDAL WETLANDS
In the 1988 General Assembly Session, House Bill 1037 was
introduced. This bill is designed to protect non-tidal wetlands.
Under the current definition of the Bill, a non-tidal wetland is
defined as an area having hydric soil supporting certain types
of vegetation and that is periodically innundated. In Virginia
Beach, due to the flat, low topography, more than 60 percent
of the City's soils are hydric in nature. By definition, the
types of plants that grow in this soil are hydrophytic plants.
Also, because of the low, flat elevation of the City, much of
this land is periodically innundated. Therefore, the current
definition of House Bill 1037 would create extreme hardships
for farmers and other persons wishing to utilize much of the
land in the city. There is great concern, especiary among the
farming community, that any regulations promulgated by state
agencies in response to the passage of this bill in its current
form would greatly limit the abilities of farmers to utilize their
land. Also, there is some confusion over the intent of House
Bill 1037. The farming community and all the citizens of
Virginia Beach are greatly concerned over improving the health
of Chesapeake Bay. House Bill 1037 is promoted as a tool to
assist in that endeavor. However, over 50 percent of the land
in Virginia Beach does not drain into the Chesapeake Bay
Basin, but drains south into the sounds of North Carolina and
eventually into the Atlantic Ocean through Oregon Inlet.
RECOMMENDATION:
The General Assembly is requerted to very @fully
e e the impacts of House Bin 1037 es@y on the
agribusiness community. The agrt-business community has
always been very careful in its treatment of its p
resource -- the soil. Farmers are environmentalists by nature
and have a healthy respect for all areas of the Cominonwealth
-- wetlands and highlands - Also, they deal with issues that are
very Um-sensitive -- the planting and @esting of emps.
Therefore, it is suggested that a change be made in the
classification of soil categories from hydric to hist-ols,
aquents, and aquepts; that a more clear and complete definition
of allowable activities, such as farm ditch maintenance, be
inciuded; and, finany, the regulations of activities within the
areas covered by the Bill be placed within the Soil Conse--
tion Servims as this agency has assisted the f 9
community in other soil matters.
Item #16
PENDLETON CHILD SERVICE CENTER -
INCRRASED APPROPRIATION
The Pendleton Child Service Center provides children five
to twelve years old with treatment to alleviate behavioral and
learning problems. The Pendleton Center accepts children with
behavioral problems such as aggression, defiance, inadequate
self-control, dishonesty, and social isolation and adnats them
on an outclient or residential basis. Pendleton's staff applies
psychological diagnostic procedures to children, and trains
parents and teachers to use intervention methods to prevent or
reduce the necessity of contact with other human service
organizations. The staff is involved in community training
activities for parenting skills, teacher training, and social skills
training for classroom children.
Created as a preventive service through the joint efforts
of the human services departments of the Commonwealth of
Virginia and the Cities of Chesapeake and Virginia Beach,
Pendleton has maintained a 70 to 75 percent success rate
during its 13 years of operation. It has repeatedly been cited
by state Ucensure teams for the effectiveness of its treatment
design. Indeed, one reviewer noted, "This is the best program
of all those I review. It has a complete continuum of care,
with all components in place and highly developed." This year,
another commented, "The only criticism I would have is that it
is the best kept secret. It should be replicated."
During the last two fiscal years, Pendleton has had a
utilization rate of 96 percent and maintained a waiting list for
services. In an effort to expand to meet this demand as well
as to begin developing a model for replication within the
Hampton Roads region, Pendleton proposes to establish a day
treatment program in Chesapeake. This would serve an
additional 32 children.
RECOMMENDATION:
it is recommended that the General Assembly increase its
appropriation to Pendleton Child Service Center from $200,000
to $300,000. This would enable the Pendleton Child Service
Center to rephcate the day treatment program m Chesapeake.
Item #17
RUNAWAYS AND SECURE DETENTION
Due to action by the General Assembly, certain children
who were previously classified as incorrigible are now classified
as children in need of services (CHINS). These juveniles are at
risk due to legislation that severely restricts detaining juveniles
for status offenses. These children who run away repeatedly
even from non-secure detention are at risk while living in the
street and are subject to being taken advantage of by adults
who use runaways for purposes of prostitution and other
cri@nal acts. Professionals are very frustrated because these
runaways refuse help and their families are often frustrated
with the lack of help they receive from city agencies. At
times both the faniily and runaway want to be left alone. The
fa@ly does not want the child in their home and the child
does not want to be in their home; however, the c@ldren need
supervision that can only be available through secure detention.
There is also another problem involved in the detention of
children in that some juvenile judges are assuming jurisdiction
over adults who commit crimes as juveniles and are placing
them in juvenile facilities. The Tidewater Juvenile Detention
Home has had 18 adults ordered to their facility since January
1987. These persons are as old as 20 years of age.
RECOPMENDATION:
The General Assembly should @nd the Code of Virginia,
Section 16.1-247-J and rewrite it to read that "no adult shau
be p , conrmed or detained in secure juvenile detention
facffities." Senate BM 168 introduced by Senator Stallings and
carried over by the 1988 General Assembly would accomp@h
this.
Item #18
TAX EXEMPTION FOR WATER WORKS EQUIPMENT
Currently, the Code of Virginia allows exemptions from
sales tax for various equipment including pollution control
equipment and facilities. The extension of this exemption to
water works facilities would lower the costs of water projects
for municipahties.
RECOMMENDATION:
The General Assembly should amend the Code of Virginia
to exempt ce@ied water works eqinpment and famhtiles from
retail sales and use tax. Certified water works equipment and
facilities shau mean any real or personal property, equipment,
facffities or devices used primarfly for the production and
distribution of water for human consumption. House Bill 264
patroned by Delegate Purkey in the 1988 General Assembly
Session and carried over for study would am=Plish this.
Item #19
TREE PROTECTION
Virginia Beach citizens have worked diligently for many
years to protect trees and the landscape of Virginia Beach.
From the early 1970's until the present, garden clubs, civic
leagues and others have been actively involved in the movement
to keep as many trees as possible. A strong movement in 1975
on the part of the citizen groups produced the strongest
ordinances possible under the State Erosion and Sedimentation
Control Law. Further changes occurred in 1985. Af ter a
negative ruling by the City Attorney in 1985 concerning the
City's ability to regulate the cutting and preservation of trees,
the City Council proceeded to include a proposal in its 1986
legislative package requesting authority for tree regulation and
protection. The goal of improving the City's overall
appearance was identified as a major goal by the V@
Beach Tomorrow initiative. This legislative effort, primarily
due to opposition from the building industry, did not pass in
the 1986 Session. In 1987, the City of Virginia Beach placed a
referendum question on the ballot asking if the City should
have the authority to regulate and protect trees within the
City. This referendum was passed by 53,326 "yes" votes and
12,780 "no" votes, as certified by the Virginia Beach Registrar.
RECONMENDATION:
Pursuant to the stated wishes of the citizens and the
Council, as of the 1987 E3ection, the General Assembly should
allow the City of V Beach through its City Charter Or bY
General Law to have the right to provide for the ProtectiOn
and/or replacement of trees during land development and
subdivision activitier. on private property. nve biM deahng
with tree protection were carried over from the 1988 G--l
Assembly Session including Delegate McC]nnan's House Bill 127.
This measure ff enacted would accomplish Council's request.
Item #20
VSRS FOR CITY COUNCIL MEMBERS
The Code of Virginia was changed several years ago to
allow Council Members to become members of the Virginia
Supplemental Retirement System. However, the Attorney
General ruled that council members were part time employees
and were not eligible for such benefits. It is therefore
necessary to change the Code to allow council members to
become members of VSRS even though they are part time
employees.
RECOMMENDATION:
The General Assembly is requested to amend the Code of
Virguua to specifically abow City Council or Board of
Supervisor members as pwt time employees to be members of
Virginia Supplemental Retirement System. This change should
caur.e I!tUe or no expense to the Commonwealth.
Item #21
LEGISLATIEVE RECOMMENDATIONS AFFECTING AGRICULTURE
1. We comp@nt the Virginia General Assembly on the establishment
of a system of state supported farmers wholesale markets and to ask
for their continued support and commtment for this program.
Who@e markets provide another possible source of income for badly
distressed farmers and minimize the "middleman" cost of selling produce.
2. We recommend that state registration for new pesticides be adopted
as soon as federal registrations are granted. Federal registration is
y a very long and cortly proceedmg before badly needed
pesticides can be used. There is no reason for the State to further
delay this process. ff the State feels that Virginia should be more
restrictive, then the differences should be resolved immediately.
3. The agribusiness community in Virginia Beach supports expanded
state support for the cleanup of Back Bay and North Landing
viatersheds. This would be mcreased state partilcipation m the
construction of water control structures that would help reduce the
amount of agricultural and other runoff into these viatersheds.
4. The agribusiness community is greatly concerned over the impacts
of House BiH 1037 regulating non-tidal wetlands. The General
Assembly should be cogmmnt of the fact that much of the soil m
Virginia Beach is hydric in nature and could possibly be considered to
be a non-tidal wetland.
5. The farming community urges the General Assembly to retain the
present hmd use assessment in order to preserve agriculture. In other
parts of the State, land use assessments have come under attack.
YSRS FOR CITY COUNC~MEMBERS
The Code of Virginia was changed several years ago to
allow Council Members to become members of the Virginia
Supplemental Retirement System. However, the Attorney
General ruled that council members were part time employees
and were not eligible fol~ such benefits. It is therefore
necessary to change the Code to allow council members to
become members of VSRS even though they are part time
employees.
RECOMMENDATION:
The General Assembly is ~quested to amend the Code of
¥i~ginia to specifically allow City Council or Board of
Supel~iSol. members as pa~t t~me emplo~s to be members of
Vil*~n~ Supplemental Retirement System. Th~ change should
cause little or no expense to the Commonwealth.
Item #21
LEGISLATIYE RECOMMENDATIONS AFFECTING AGRICULTURE
1. We compliment the Virginia General Assembly on the establishment
of a system of state supported farmers wholesale m~rkets and to ask
for thci~ continued support and commitment for this progl~m.
Wholesale nm~'kets provide another possible sourc~ of income for badly
di~treesed farmers and minlmiT~ the "middlem~n" cost of selling produce.
2. We recommend that state registration for new pesticides be adopted
as soon as federal registrations are granted. Federal registx-ation is
already a very long and costly pl~ceedlng before badly needed
pesticides can be used. There is no r~on for the State to ful~her
delay thi~ process. If the State feels thRt Virginia should be more
l~stldctive, then the differences should be resolved immediately.
3. The agribusiness commanit¥ in VirginiR Beach supports expanded
state support for the cl~nup of Back Bay and North l~vldlng
watersheds. Thi~ would be increased state participation in the
construction of water' control stlmctures that would help reduce the
amount of agricultural and other minoff into these watersheds.
4. The agl'ibnsiness community is greati¥ concelmed over the impacts
of House Bill 1037 regulating non-tidal wetlands. The General
Assembly should be cogoiT~nt of the fact that much of the soil in
Virginia Beach is hydric in nature and could possibly be considered to
be a non-tidal wetland.
5. The farming community urns the General Assembly to ret9in the
present land use assessment in order to preserve agriculture. In other
parts of the State, land use assessments have come under attack.