NOVEMBER 21, 1988
Cit@ @f NTijrigi"i" E3@ek@"
"WORLD'S LARGEST RESORT Cfw"
CITY COLNCIL
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281 CITY HALL BUILDING
MUNICIPAL CENTER
@UWY I @IM, JR,, Ci., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202
f - --, @i,, @,.- (804) 427-4303
R- -I-E, C,@ C-
November 21, 1988
ITEM 1. CITY MANAGER'S BRIEFINGS - Conference Room - 11:00 AM
A. LEGISLATIVE PACKAGE
Robert R. Matthias, Coordinator,
Intergovernmental Relations
B. CIP WORKSHOP
E. D. Block, Assistant City Manager for
Analysis and Evaluation
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Roorn - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Jim Snow
Scott Memorial United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - November 14, 1988
E. CITY MANAGERIS PRESENTATIONS
1. SOUTHEASTERN EXPRESSWAY
Virginia Department of Transportation
2. LONG CREEK CANAL REIMBURSEMENT
The Honorable Owen Pickett, Congressman
Colonel J. J. Thomas, U. S. Army Corps of Engineers
F. RESOLUTIONS/ORDINANCE
1. Resolution approving the issuance of Industrial Development Revenue
Bond:
Busch Manufacturing Company $3,500,000.00.
2. Resolution by the Council of the City of Virginia Beach to neither
condone nor actively suppor-t the future construction of the
Southeastern Expressway along the alignment referred to as the
"Northernmost Route".
Requested by Councilman John Moss
3. Ordinance authorizing the City Manager to execute agreements of
sale for the purchase of three parcels of land in the SANDBRIDGE
AREA to be used for public beach and related parking facllities.
G. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered in the
ord inary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach by ADDING Sections 2-341, 2-342, 2-343, 2-344, 2-345, 2-346
and 2-347 re Management and Preservation of Public Records.
2. Ordinance to AMEND and REORDAIN Section 33-112 of the Code of the
City of Virginia Beach re Public Streets, Alleys, Easements and
other Public Ways.
3. Ordinance to AMEND and REORDAIN Section 4 of the Site Plan
Ordinance of the City of Virginia Beach by ADDING Subsection 4.1
A.8 re Information Required on Site Development Plans.
4. Ordinance authorizing acquisition of property in fee simple for
right-of-way for Sandalwood Road Storm Outfall; and, the
acquisition of temporary and permanent easements of right-of-way,
either by agreement or condemnation.
5. Ordinance authorizing and directing the City Manager to execute a
Fire Protection Mutual Aid Agreement between the City of Virginia
Beach and the U. S. Army (Fort Story).
6. Ordinance upon FIRST READING to APPROPRIATE $94,445; and, TRANSFER
$7,299 from Reserves to fund nine additional temporary positions in
the Sheriff's Department.
7. Ordinance upon FIRST READING to APPROPRIATE a $10,000 grant from
the Virginia Councl] on the Environment; and, to TRANSFER $3,000
from sources within the FY 1988-89 Operating Budget.
8. Ordinance upon FIRST READING to APPROPRIATE $10,000 to the
Department of Mental Health/Mental Retardation and Substance Abuse
for early intervention planning and to fund full time position
increases for the Mental Health/Mental Retardation Educator 1.
9. Ordinance upon FIRST READING to APPROPRIATE $285,539; and, TRANSFER
$31,727 to the Department of Social Services from reserve for
contingencies.
10. Ordinance to TRANSFER $100,000 from CIP Project #4-939 Neighborhood
Park Acquisition to CIP Project #4-947 Park Reservation Acquisition
and Development for the purchase of 1.648 acres of Park Slte In the
Alexandria 1-C Subdivision.
11. Ordinance to authorize a temporary encroachment into City property
located off Ware Neck Road and Salem Road to Mike Bell Building
Corp., Inc. (Wally's Day Care), its assigns and successors in
title.
12. Low Bid to Shoreline Contractors in the amount of $156,850 for
Landfill 11 Leachate Pfpeline (CIP 3-933).
13. Cost Participation Agreements
Scarborough Square Water $ 6,300.00
Pine Meadows Phase One Sewer s 9,000.00
Strawbridge Water $ 3,200.00
Sewer $63,578.76
14. Ordinance authorizing license refunds in the amount of $1,841.26.
H. UNFINISHED BUSINESS
1. NEW BUSINESS
1. INTERIM FINANCIAL STATEMENTS FOR THE PERIOD JULY 1, 1988 through
September 30, 1988
Giles G. Dodd, Assistant City Manager for Administration
J. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 26, 1988 2:00 PM
CANCELLED
t'CHRISTMAS DAY HOLIDAY"
JANUARY 17, 1989 2:00 PM
RESCHEDULE OF JANUARY 16
"LEE-JACKSON-KING DAY"
JANUARY 30, 1989 2:00 PM
RESCHEDULE OF JANUARY 2
IINEW YEAR'S DAY HOLIDAY"
All other Sessions will be
in accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 21, 1988
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by @layor Meyera E. Oberndorf in the Conference Room, City Hall Bu4llding,
on lionday, November 21, 1988 at 11:00 A.Ili.
Council ltembers Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, fiarold Heischober, Barbara M. Henley,
'leba S. McClanan, @layor Meyera E. Oberndorf, Nancy K.
Partcer, John L. Perry and Willi-am D. Sessoms, Jr.
Council Members Absent:
John D. tioss (Out of Toi,;n on business)
- 2 -
LEGISLATIVE PACKAGE UPDATE
11:00 A.I,,I.
ITEM # 30365
Robert t@latthias, Intergovernmental Relations Coordinator, reiterated the 1989
LEGISLATIVE PROPOSALS:
CIIARTER CHANGES
1. Amortizati-on of Non-Conforming Signs
2. Fire Prevention and Protection
3. Resort Area Retai.1 Sales Tax
OTHER TSSUES
4. Alternates to Board of Zoning Appeals
5. Assumption of Tourist Establishment Inspections
6. Back Bay Restoration
7. Civil Penalties for Violations of Zoning Ordinances
8. Con-,iission on Transportation in the 21st Century.
9. Direct Election of School Board
10. Funding of Educatiori
11. @lealth and Zelated Insurance for City Eriployees
12. Increase in Court Fees
13. Indigent Healtli Care
14. P,'Ierchants Capital Tax
15. @ion-Tidal Wetlands
16. Pendleton Child Service Center
17. Runaways and Secure Dellention
18. Tax Exeription for Water Worl(s Equip.,nent
19. Tree Protection
20. VSRS For Council @@lembers
AGRICULTURAL ISSUES
1. F'armers Wholesale illarkets
2. State Registration for New Pesticides
3. Cleanup of Back Bay and North Landing Watersheds
4. Non-Tidal Wetlands
5. Land Use Assessment
6. Transfer Development Rights
With refererce to Civil Penalties for Violations of Zoning Ordinance, Pat
Janezeck, Zoning Administrator, advised speaking to the Zoning Offi-ce in
Fairfax County which utilizes this procedure. Fairfax hds identified seventeen
items in their Zoning Ordinance for ivhich civil penalities are issued; j..e,
portable sign. The penalty could not exceed fifty ($50) dollars. The individual
could not be charged more than five times or $250 for the same offense. After
that, an injurction riust be sought. Pat Janezeck advised this system seems very
vague. The list of tliese seventeen i-tems wil@, be forwarded to City Counc4-l.
With reference to Funding of Education, the recoimendation has been AMENDED by
inserting an additional paragraph. The General Assembly is requested to
reinstate the authority that cities riay appropriate the money by 13 categories,
and even cor,.sider increasing it to 19 as proposed by the Virginia liunicipal
League and others. Councilman ITeischober requested this be separated into two
categories: (a) Fundi-ng Formula and (b) Accounting l@,echanisri.
With reference to the Advertisement for Voter Registration Sites, Dr. I"iarlene
liager, General Pegistrar, has requested this Item be deleted from the
Legislative Package.
Robert l@iatthias reiterated Council,-nan John A. Baiii.'I, Jack Whitney - Co-ordinator
of Environmental Management, Louis Cullipher - Director of Agriculture will
accom,pany hipi to Richmond on November 22, 1988, to appear before the
Subcor,imittee studying Non-Tidal Wetlands.
- 3 -
C I T Y M A N A G E R 'S B R I E F I N G
LEGISLATIVE PACKAGE UPDATE
ITEM # 30365 (Continued)
Robert Vaughan, Commi-ssioner of the Revenue and Doug Grant, Chief Deputy,
addressed the Merchants Capital Tax. Information relative this item was
distributed to City CounC41 and is hereby made a part of the record. Fiouse Bill
687 (Ariendment in the Nature of a Substittite) is well on its way -o defeat.
This legislat'@on has been followed very closely by the Virginia Commissioners
of the levenue Association, Virginia I'lunicipal League and the City Legislative
Staff. The Merchants Capital Tax is a tax on inventory. Daily rental equipment
means all tangible personal property, except trailers as defined in Section
46. 1-1 (33) and other tangible personal property required to be titled and
regi-stered with the Department of Motor Vehicles, Departrqent of Game and Inland
Fisheries, or any other state agency, where the possession or use of such
tangible personal property is transferred for consideration, without tlie
transfer of ownership for an hourly, daily, weekly or Monthly period.
H.B. 687 introduced during the 1988 session was a joint attempt between the
rental industry and the Coirmissioners of the Revenue to give relief to the
rental industry without a loss in revenlie to the affected localities. A
co,@npanion bill, S.B. 450, was also introduced. 'D@oth bills redefined the rental
industry and authorized localities to levy an additional one-percent tax on
leases of daily rental equipr@ient. Both bills were seen as a tax increase. -.B.
687 was amended in the nature of a stibstitute by changing the effective date of
present legislation to July 1, 1989, allowing time for th4-s study to resolve
issues of differences.
Rober" Vaughan referenced RECOMMENDATIONS #1 and #2. The Commissioners remain
committed to support of RECOMMENDATION #2 which strikes a good compromise
between providing sone tax relief to the rental industry and reducing the
adverse economic i'.Rpact to localities. RECOMMENDATION #1 puts a ceiling on
valuation of one type of merchants capital for the first time state-wide. Tlie
thought follows then ttiat this signification limitation for the benefit of one
business could propiote ceilings being imposed for other businesses thereby
limiting coiinties even further in the area of revenues.
The Joiiit Subcom,.qittee will neet again relative t-louse Bill 687 on Thursday,
December 15, 1988, at 2:00 P.i'l. in House Room 4 of the Capitol Building.
l,obert Vaughan will be in attendance representin-. the State Commissior,.ers
Association. Robert Vauglian requested a letter fron the City in OPPOSITION to
REC DATION #1.
The Recommendation of the Merchants Capital Tax contained within the
Legislative Package will be REDRAFTED by Robert Vaughan and Robert @iatthias.
Robert Matthias distributed a Resolution requesting the General Asser@ibly of
Virginia to remove the Sunset Clause fron the Fire Programs Fund.
Robert i"@atthias again referenced the proposal of a twenty-five year retirement
for law enforcement officers and Fire Fighters. Tlie officer, after twenty-five
years of service, could retire with full benefits without regard to his or her
age. Tliere have been recoinmendations of a riinimum age retirement. There would
possibly be a significant reduction in worker's disabililly claims. This will be
SCHEDULED as a separate Resolution.
Mayor Oberndorf referenced a concept in recycling presented by !,ir. tn"arshall of
North Virginia Beach. The funds derived from sarqe would be used to create
recycling centers. This will be SCHEDULED as a separate Resolution.
Councilman Heischober advised VSRS for Council Me@.ibers should include verbiage
advising the governing body is declared to be full time employees in cities in
excess of a certain population.
- 4 -
C I T Y M A N A G E R 'S B R I E F I N G
LEGISLATIVE PACKAGE UPDATE
ITEM # 3036,@ @'Continued)
Councilwoman Henley inquired whether there was any consideration relative Joint
Funding for Beach Replenishment.
Witli tlie excep'lion of the Charter Changes, the opportunity for Public Comment
will be provided at the City Council Meeting of inovember 28, 1988.
- 5 -
C I T Y M A N A G E R 'S B R I E F I N G
CTP WORKSHOP
12:20 A.111.
ITE@l # 30366
E. Dean Block, Assistant City illanager for Analysis and Evaluation, responded to
City Council's inquires relative the Capital Improvement Program Fiscal Year
1988-89/1992-93.
Councilwoman Parker referenced the documentation related to Studen" Enrollr-qent.
The Enrollment/Capacity of the Elementary Schools Projected in 1996-97 to be
58,204, capacity 48,828 and capacity with portables, 53,418. This would leave
an overflow of approxi-mately 4,786 children. The Enrollment/Capacity of the
Junior High Schools vas projected in 1996-97 to be 21,664, capacity 17,150 and
capacity with portables, 17,810.
Councilwoman Fienley referenced @'he sizing of schools and the expense related to
double schools. Courthouse Elementary could have stayed in service one more
year to alleviate overcrowding until Red Mill and Ocean Lakes were in
operation.
Councilman Perry inquired as to tlie calciilation of the forniulas related to
capacity of schools.
Councilf.ian Balko advised the "double school" does save approxirqately $3-
MILLIOI,T.
Councilwoman t"IcClanan referenced the addition of classrooms and teachers to
decrease the class size of the first three grades and the restructuring of the
school plans. These issues were not addressed relative funding.
Mayor Oberndorf requested i.,iformation relative tlie cost of implementation of
the policies presented by the Virginia Beach School Board.
Relative Roadways, Dean Block advised Lhe program proposed continues the
backlog reduction plan. Over the next few months, bids will be taken on
additional projects and tlie City is proceeding with design and right-of-way
acquisition on approximately 31 projects. Funding has been included to speed
upon tlie desi.gn of Ferrell Parkway and North Courthouse Loop.
Councilwoman licclanan requested upon completion of the second part of General
Booth, essentially beginning construction on Birdneck Road. As Birdneck Road
presently exists, it does not fulfill its potential. If it were widened, it
would improve the traffic around the resort area.
C. Oral Lambert, Jr., Director of Public Works, advised the City was planning
to address noise abatement at the present time with vegetation rather than with
walls or mechanical structures. A policy is being developed. Until said policy
is adopted, the City is utilizing vegetative control (denser planting of trees
and shrubs.)
Councilman Balko referenced London Bridge Road - Phase III under SUMMARY OF
PROJECTS FUNDED, page 64. CoLncilman Balko wished in conjunction with the total
project the portion of the road extended from under the Expressway Bridge
W4 dened to two lanes down to Potters Road sooner than projected.
Vice 14ayor Fentress referenced Page 49, the Rudee Inlet Bridge Project. Vice
Niayor Fentress inquired as to the phasing in of Pacific Avenue.
Councilwoman Parker inquired if the State was investigating an extra access in
conjunction with Centerville Turnpike onto the Expressway. The City Staff is
re-evaluating the transportation network in this area and the City has
requested the State consider an Iriterchange with 1-64. The State has declined
same up until this point.
The Capital Improvement Program Workshop will continue after ADJOURNMENT of the
Forr,ial Session of i4ovember 21, 1988.
- 6 -
C 0 N C E R N S 0 F T H E M A Y 0 R
1:00 P.M.
ITE,NI # 30367
i@layor Oberndorf advised on Friday, the Department of Treasury, presented an
award for Patriotic Service in the support of United Savings Bonds.
l@iayor Oberndorf expressed appreciation to Les White, Assistant Payroll
Administrator, for encouraging the participation of the City's eriployees in
the purchase of Savings Bonds. Because of his enthusiaspi and conmitment, the
City is the recipient of this reward.
IT-@M # 30368
Mayor Oberndorf referenced a presentation of a Portrait of S. J. Joe Smith,
Sheriff of Virginia Beach 1974-1985, to the City on November 16, 1988.
Sheriff Overman suggested the portrait be placed in the City Jail as Stieriff
Smith was tlie moving force !-n this building becoming a real@-ty.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITFd4 # 30369
Counci'.man Baum expressed appreciation to the @layor and iv@erqbers of City Council
for the floral arrangement sent to his wife after her hospitalization.
Councilman Baum distributed a photograph of the flowers.
ITFI,l # 30370
louncilman Balko referenced copies of the petition received by Viembers of City
Council in OPPOSITION to a name chanpe of North Great Neck Road. Councilman
Balko received a telephone call from Bay Island Civic League advising if the
naine is chan-.ed, Great Neck Bypass be considered. Councilman Balko requested
the City Manager and his staff provide reconmendations.
ITEM # 30371
Councilman Perry coigratulated the City Manager relative tlie article in THE
BEACON on Silnday, !,.over@iber 20, 1988, concerning Safety in the Beach Borough.
ITDI r' 30372
Councilwoman fienley extended an invitation to 4embers of City Council to ride
the TRT Ferry in the Lighted Boat Parade on Saturday, November 26, 1988.
Boarding will be at the WATERSIDE Dock at 5:30 P.M. There will be refreshments
and fireworks. Councilwo@,nan Henley requested City Council advise attendance. A
trolley shall be provided.
ITEM, # 30373
Vice i@@ayor Fentress requested his proposal to ar@,end City Code Section 2-20
relative Regular Meetings of Ci-@y Cou.,icil be SCHEDULED for "he City Council
@ieeting of Nove,-.@iber 28, 1988.
ITEM # 30374
Councilman Sessoms inquired whether the City had previously prepared
Resolutions in OPPOSITION to offshore dumping.
tMayor Oberndorf advised the City is working with a retired Navy Captain,
Charles Ward, in helping to support the northeastern states in OPPOSING
across-the-board ocean dumping. Yiary Morris, Coastal Scientist, with the
Environmental Department, has been nionitoring the legislation. t@',ayor Oberndorf
advised the City Manager and City Staff had devised approximately two T,.onths
ago an outstanding Emergency Response Plan.
- 8 -
ITEiNi # 30375
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor ilieyera E. Oberndorf in the Confere,.ice Roorn, City Hall Building, on
Monday, November 21, 1988 at 1:15 P.M.
Cou@icil Dieribers Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold iieischober, Barbara @l. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council @ieribers Absent:
John D. Moss
- 9 -
ITEM # 30376
l,layor @ieyera E. Oberr,.dorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSTON, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSON14EL MATTERS: Discussion or consideration of employment, assignment,
appointr,qent, promotion, performance, demotion, salari.es, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY FIELJ) PROPERTY: Discussi-on 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 wliich could effect the value of property owned or desirable
for ownership by stich institution.
3. .@GAL MAKTRS: Consultation with legal counsel or briefings by staff
e,,,
or
bers, @onsultants or attorneys, pertaining to actual potential
litigation, or other I.egal matters within the jurisd.iction of the public
body pursuant to Sectioii 2.1-344 (a) (6). Specific items of business on
the City Council agenda that nay be discussed in executive session are the
following: IV.F.3.
Upon motion by Vice i@llayor Fentress, seconded by Councilman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council @iembers Voting Aye:
Albert W. Balko, John A. Baum, Vice ilayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, Reba
S. McClanan, Mayor ileyera E. Oberndorf, @,la@icy K.
Parker. John L. Perry and William D. S--ssoms, Jr.
Council l@iembers Voting Nay:
@4one
Council Menbers Absent:
John D. Moss
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 21, 1988
2:00 P.@i.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City i'@all Building, on @ionday,
Noveniber 21, 1988 at 2:00 P.@l.
Council Members Present:
Albert W. Balko, John A. Bauin, Vice illayor Robert E.
Fentress, Parold Fieischober, Barbara M. Henley, @eba
S. McClanan, Mayor Fieyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Viembers Absent:
John D. Moss
INVOCATION: Reverend Jir.,@ Snow
Scott @li'emorial United Niethodist
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item IV-D.I.
MINUTES ITEYI # 30377
Upon motion by Council@,nan Perry, seconded by Council@nan Sessoms, City Council
APPROVED the INFORMAL AND FORMAL SESSIONS of the City 'U'ouncil Meeting of
November 14, 1988.
Voting: 10-0
Council @lembers Voting Aye:
Albert W. Balko, John A. Baum,, Vice Mayor Pobert E.
Fentress, Harold He-'Ischober, Barbara ti. Henley, Reba
S. McClanan, Y@ayor Veyera E. Oberndorf, Nancy K.
Parker, John L. Perry and Williari D. Sessoms, Jr.
Council Members Voting Nay:
14one
Council iiembers Absent:
John D. @loss
- 12 -
Item IV-E.I.
CITY MANAGERS'S PRESENTATIONS
SOUTHEASTERN EXPRESSWAY ITEI@L # 30378
Al Nash, District Engineer in Suffolk, Virginia, Department of Highways,
presented the quarterly briefing of the SOUTHEASTERN EXPRESSWAY
Al Nash further introdticed tiose participants in attendance: John l@lartz,
Project Co-ordinator; Peter 0. Tacelli, Proliect Engineer, with the MAGUIRE
GROUP.
Peter 0. Tacelli advised the Eng'@neers are in the process of preparing the
Location Design Plans, drawn at a scale of I incli equals 200 feet. The
tentative alignments can be show more accurately. A Third Information Meeting
is being SCHEDNED tentatively for January Eighteenth and Nineteen-@h. The Field
Work is approxiinately 95% complete. The Most significant occurance was the
addition of another Candidate Build Alternative:
The Northern Alignment or the Army Corps of
Engineers Alignment - In evaluating tlie initial
corridor studies, the Corps was very concerned an
alternative was not provided with a @ninimal impact
on WETLANDS. Inclusion of a more northerly
alignment was requested. Said alignment was
depicted on tlie ,.qap.
The addition of the alignment study has delayed the Project approximately three
(3) montlis.
The Formal Location Public Hearing will occur in the Silmmer of 1989. A draft
Environmental Impact Statement will be made available to the public forty-five
days prior to the Formal Location Public fiearing. Peter 0. -iacelli advised the
vote of the City Council would have a great influence on the selection of a
particular corridor.
The Virginia Departrrent of Transportation makes the final decision on the exact
route of the Southeastern Expressway.
- 13 -
Item IV-E.2.
LONG CREEK CmiAL
REIMBURSEMENT ITEM # 30379
Colonel J. J. Tho.,-nas, U.S. Army Corps of Engineers, adv4lsed in 1977, the City
completed the Long Creek Canal. With the enactment of the Water Resources
Development Act of 1986, legislation was inserted into the law, advising the
Crops of Engineers could reirqburse the Gity of Virgini.a Beach for the Long
Creek Canal.
Colonel J. J. Thomas presented a non-negotiable framed version of $1.6-MILLION
reimbursement previously given to the City.
Congressr.qan Owen Pickett and Loretta Tate, representing Senator John Warner,
were also in attendance.
- 14 -
Item IV-F.l.
RESOLUTIONS/ORDINANCE ITEM # 30380
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED:
Resolution approving the issuance of Industrial
Developp.ient Revenue Bond:
Busch Manufacturing Company - $3,500,000.00.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice 1,iayor Pobert E.
Fentress, ilarold @ieischober, Barbara @,!. Henley, Reba
S. l,@cClanan, tlayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and Williari D. Sessoms, Jr.
Council Members Voting liay:
None
Council Members Absent:
John D. @loss
4/25/84 EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Busch Manufacturing Companv
2. LOCATION: 516 Viking Drive
Virginia B,-ach, Virginia
3. DESCRIPTION OF PROJECT: Expansion to existiji@Lacility
for the production, service and
sales of vacuum pumning systema,
and related warehouse and office
space
4. AMOUNT OF BOND ISSUE: 8-i.goo.non-no
5. PRINCIPALS: Dr. Karl Busch
Mrs. Ayhan Busch
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Industrial I-1
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification? N/A
EXHIBIT E
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR BUSCH MANUFACTURING COMPANY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") has considered the application of Busch
Manufacturing Company (the "Company") for the issuance of
the Authority's industrial development revenue bonds in an
amount not to exceed $3,500,000 (the "Bonds") to assist in
the financing of the Company's acquisition, construction,
and equipping of a manufacturing facility for the production,
service and sales of vacuum pumping systems, and related
warehouse and office space (the "Facility") to be located
at 516 Viking Drive, in the City of Virginia Beach, Virginia,
and has held a public hearing thereon on November 8, 1988;
and
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"),
to approve the issuance of the Bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended;
and
WHEREAS, pursuant to SS 15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, and a reasonably detailed summary of the comments expressed
at the public hearing, if any, have been filed with the Council
of the City of Virginia Beach, Virqinia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Busch Manufacturing
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. Thc approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endorsement
of the Bonds or the creditworthiness of the Company; but,
pursuant to Chapter 643, Virginia Acts of Assembly of 1964,
as amended, the Bonds shall provide that neither the City
nor the Authority shall be obligated to pay the Bonds or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Commonwealth,
the City, or the Authority shall be pledged thereto.
3. The Council further resolves to petition the Virginia
Department of Housing and Community Development (the "Department")
requesting that the Department award a portion of its private
activity bond allocation for industrial revenue bonds in
an amount not to exceed the principal amount of the Bonds.
4. This Resolution shall take effect immediately
upon its adoption.
ADOPTED by a majority of a quorum of the Council of
the City of Virginia Beach, Virginia, on NoveMbe's 21, 1988
1 9 8 8.
APPitOVED AS TO CONTET@T
SIGN@TOZE
- @@- ,-,A -
1)@ 'T EN)'
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: NOVEMBER 8, 1988
TO: THE CITI COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: BUSCH MANUFACTURING COMPANY PROJECT
TYPE OF FACILITY:
1. Maximum amount of financing sought $ 3,500,000.00
2. EStimated taxable value of the facility's
real property to be constructed in the .
municipality (increase of $3,000,000) $ 4,500,000.00
3. Estimated real property tax per year
using present tax rates (increase of $ 42,000.00
$19 1 0 0 0
4. Estimated personal property tax per
year using present tax rates (increase of $ 6 , 0 0 0 . 0 0
$2 , 000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates (increase of $3,500) $ 2 0 , 0 0 0 . 0 0
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 100,000.00
7. Estimated number of regular employees on
year round basis (twenty additional) $ 120 -
8. Average annual salary per employee $ 2 0 , 0 0 0 . 0 0
The information contained in this Statement is based s6lely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By AV 'i
Exhibit H
Economic Impact Statement
1. Amount of investment 3,700,00@U
2. A=unt of industrial revenue bond financing
sought -3,500,000.00
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach (increase of $3,000,000) $.Alnn.,nnu"o
4. Estimated real property tax per year using
present tax rate (increase of $19,000) $ -42@t)-on - no
5. Estimated personal property tax (increase of $2,000)$ 6 0 0 0 . 0 0
6. Economic impact statement de=nstrating the
overall return to the city:
A. Number of new jobs 20 -- possible
B. Payroll generated $.400,000 Av. Wage $ r year
C. Number of jobs retained .100
D. Payroll retained $ 000,000 Av. Wage $ year
E. Estimate of the value of goods and iervices purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
es $. 4 0 , 0 00
Inventory $*, 4n.noo
Insurance $ 20,000
TOTAL 10 0 , 0 0 00 0
F Estimated building Permit fee and other municipal 10, 'l. 00
fees $
G. Estimated construction payroll $ 00.
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 1,500,000.00
1. Estimated number of construction jobs s
J. Any other @tems which the applicanc feels
the Authority should be made aware of in
evaluating the projec a rate
citizen of Virginia Beach sin,e 1975; this financing will
permit its expansion and continued q@owth witll ill,,,,,ed
employrnent and tax revenues to the Cit
7. Is the site currently zoned for the specific use bel@g
Zoned
proposed for industrial -revenua band financing? Yes X
No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Location of project (attach location map) 516 viking Drive,
Virginia Beach, Virginia 23452 (see map attached)
11. Explanation of alternative financing that has been
reviewed for project fixed or floating rate E)ilbli
guaranteed by a letter of credit from Sovran Bank, N.A.
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to bef ore me this It'day of
198g.
-M y Pu c
My Commission Expires:
CEAN
PROJECT NAME: Busch Manufacturing Company
PROJECT ADDRESS: 516 Viking Drive
Virginia Beach, Virginia 23452
TYPE OF PROJECT: Manufacturing Facility
Item IV-F.2.
RESOLUTIONS/ORDINANCE ITEII # 30381
The Chief Deputy City Clerk read into the record the letter of Councilman John
D. f@@oss in support of the Resolution. Said letter is hereby made a part of the
proceedings
The followirig spoke in support of the Resolution:
Paniela LeClair, 2008 Lyndora Road, Phone: 474-9274, represented the
Rosemont/Glenwood Homeowners and presen'led a petition containing 2011
signatures in OPPOSITION to the construction of the Southeastern Expressway
along the aligninent referred to as the "Nlorthernmost Route". Said petition
is hereby r-qade a part of the record.
Edi,.iund P. Pauly, 1993 Southaven Drive, Phone: 474-2493, represented the
Glenwood area located south of Rosemont Forest.
Dopald L. flicclellon, 2101 La-,han Cotirt, Phone: 467-0931, ivas OPPOSED to the
adoption of the Resolution at the present time. Donal.d L. McClellon urged all
residents to read the infor,-,iation booklets provided by the Virginia Department
of Transportation relat@-ve conde,-Ination.
Robin L. Barefield, 2570 Oceanside Avenue, Phone: 481-1974, only wished to
speak relative tl)e Southeastern Expressway NOT this Resolution
Upon rioti-on by Councilman Baun, seconded by Council,.qan Perry, City Council
DEFERRED INDEFINITELY:
Resolution by the Council of the City of Virginia
Beach to neither condone nor actively support the
future construction of the Southeastern Expressway
along tlie alignment referred to as the
"Northerrunost Route".
Tliis DEFERRAL will enable the SCHEDULING of an evening PUBLIC HEARING in
January, 1989 relative the SOUTHEASTERN EXPRESSWAY to be co-ordinated by the
State and the City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Batim, Vice Mayor Robert E.
Fentress," Harold Heischober, Barbara i-i. f@@enley, Zeba
S. McClanan, @,iayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry" and William @n. Sessoms, Jr.
Council @ler.,.bers Voting Nay:
iione
Council llenbers Absent:
John D. l@@'oss,
*Verbal Aye
JOHN D. MOSS 4021 GLRN ROAD
COUNCILMAN VIRGINIA BEACH, VIRGINIA 23452
KEMPSVILLE BOROUGH (804) 498-0318
November 21, 1988
L)EAR FELLOW C I T I ZERIS, MAYOR, ATID MEM13E[ZS OF COUrl(, I L:
I regret that business obligations prevent my attendance at
today's City Council meetlng. There are two Iterns on today's agenda
whlch I want to go on record with my position, to assure my
accountability to the voting public.
Flrst, I support the Resolution which I suggpsted In conjunctlon
with Mayor Meyera Oberndorf , expresslng Counci I Is opposition to the
newest Southeastern Expressway alternative corridor that s] Ices rlght
through densely populated sections of t@le Kempsvi I le Borough. It Is
regretful that an al tgnment that never wl I I be and never StiOLild have
been formally consldered Is causlng so much unwarrented anxiety. At
this time, I would like to extend my appreciation to my fellow Council
Members for supporting the residents of Kempsvllle by voting In the
afflrmative on this subject Resolutlon. Addltloiially, I want to
acknowledge the hard work of all the Kempsvllle residents present today
In communlcating to Council the gravlty of the Army Corps of Engineers'
proposed study alternative.
Second, I support the acquisition of addltlonal publlc land at the
Southern end of Sandbridge to Increase the public's access to the
Atlantic Ocean. The vafue of the extended public beach Is greatest to
future generatlons. The Councll has frequently been crltlcized by the
press for not plannlng ahead. Thts acquisition, In conjunction with
the CIPs now under consideration, lncludlng the adoptlon of the two
supplements for roads and open space acqulsltlon, Is a clear
demonstration of thls Councli's forward thinking and the publlcls
confidence In our leadershlp. I would hope the development of thls new
public beach space would not be as restrictive In Its use as the Resort
Strlp. Provislons for volley ball courts and other active uses other
than just tanning and swlmmlng would be more compatible wlth tlie
concept of a public famlly beach.
TO: FELLOW CITIZENS, MAYOR, AND MEMBERS of COUNCIL
November 21, 1988
Page Two
Wl th the Mayor' s and Counci I Is permi ss ion, I woul d 1 i ke to make
this letter a part of the format minutes, as an Appendix.
With warm regards,
John D. Moss
Councilman
Kempsville Borough
JDM/cmd
- 16 -
Item IV-F.3.
RESOLUTIONS/ORDINANCE ITEYI # 30382
Upon motion by Couiicilwoman I,'CClanan, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance authorizing the City imanager to execute
agreements of sale for the purchase of three
parcels of land in the SANDBRIDGE AREA to be used
for public beach and related parking facilities.
Voting: 10-0
Council l@',embers Votin@. Aye:
Albert W. Balko, John A. Bauri, Vice i@layor Robert E.
Fentress, Harold fieischober, Barbara M. Henley, Reba
S. @!cClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker,john L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
i@one
Council Members Absent:
John D. @ioss
26 such by a Title Company authorized to conduct a title insurance
27 business in the State of Virginia.
28 Adopted by the council of the City of Virginia Beach,
29 Virginia, on the 21st day of November 19138
30
31
32
33
34
35
36
37
38
39
40 JAR/ih
41 CA-3037
42 DATE: 11/17/88
43 \ordin\noncode\sandbrid.ord
AW901/2fED AS TO COi4t@IS
SIGNATURE
DEPARTMENT
APPROVED AS TO L@IGAU
DFORM
INTER-OFFICE CORRESPONVENCE
In Reply, Refer To Our File No. CA-3037
DATE: November 17, 1988
TO: J. Dale Bimson DEPT: City Attorney
FROM: Jay A. Richardson DEPT: City Attorney
RE: Beachfront Properties at Sandbridge
For Public Beach and Parking
As per the attached Council agenda request and pursuant to
your instructions, the attached ordinance has been prepared.
This ordinance authorizes the City Manager to execute the
Agreements of Sale attached to the agenda request.
It should be noted that the total purchase price of
$1,180,736.00 is indicated to be available from funds owed to the
City by the Army Corps of Engineers. (I believe these funds
have already been received by the City.) It should also be noted
that an allowance of $2,000.00 has been included to cover the
cost of title reports and title insurance. I have no knowledge
of funds having been appropriated for the acquisition of these
properties and if an appropriation ordinance is needed, please
let me know.
As per the agenda request, the closing of @he purchase on
these properties was to be on or before December 31, 1988. I
have advised Jim Lawson that the closing cannot take place until
title examinations have been completed and he explained that the
landowners were no longer pushing for a December 31, 1988
closing.
JAR/ih
Enclosure
FORM NO. ORE 3-3
PAOC I OF 3
Parcel
P,oject
RtelSt,eet
Bo,ougb
City of Vi,ginia Beacb, Vi,gi@ia
-20 day of OC'RO 19
Made this
by JAMES H. KABLER, divorced and not remarried; PIIELAN IZ. VANDEVENTEIZ, widoti and
not remarried; BRADEN VANDEVCNTI-@R, JR. an(i BARBARA L.-VAqDLIVENTf,R, husband and
wife; HUGH S. @UICEDIT[I and GWENI)OLYN S. 'MEIU,DITfl, husb@pd and wife; BLACK -F@IILY,@
PARTNERSIIIP, a Virginia Limited Partnership; tiAltVEY L. LIlql)SAY, JR. and @'INCFS
M. LINDSAY, husband and wife; liARVEY L. LINI)SAY, JR.- TITUSTEI,. for KAY L. KABLEI@,
divorced and not remarri ed; INI)LE L. BILI.40LY and FI?ANK N. BILISOLY, @I.D. , her
husband; and KAY L. KABLER, divorced and not remarried, hereinafter referred to
ao "seller" even though more than one, and the City of Virginia- Beach, a
Municipal Corporation of the Conimonwealth of Virginia, liereinafter referred to
as "City".
jgilRCSSC[h: Th.t f., and in con3ideration of one dollar and other valuable consideration"
receipt of which i3 hereby arknowledged, the "City" agrees to buy and the "landowner" agree3 to sell, fre.
from all lien3, all hia rights and intere3(s in the following described land together with all improvements to the
City by dead of general waffanty, properly executed, acknowledged, and delivered with usual covenants of title,
Ires from all encumbrances.
The land and improvements subject to this agreement of sale are described as follows:
All that certain lot, tract or parcel of lancl together wicii improveinents ttiereon
belonging, lying, situated and being in the City of Vlrginia Beacii, Virginil
being bounded and described iis follows: Beginning at a 1)oint in the northwesc
intersection of the rights of way of Sandfiddler Road and Porpoise Lane and
running S79@-12'-00'*W, 240.00 feet to a point in tlie nortliern right of way line
of Porpoise Lane; thence turning aiid running NIO@-4h'-00"W, 394.53 feet to a
point; thence turning and running N79'-12'-00"E, 240.00 feet to a point in the
western right of way line of Sandfiddler Road; tlience turning and running SIO*-
48'-00"E, 394.5(J feet to the point Qf beginning. Saici parcel being a part of
chat parcel designated and described as: "AREA ]i-3*' as shown on that certain
plat entitled: "TRACT B - SECTION 1 SANDliRlDCl-' IIEACH PIZINCESS ANNE' COUNTY, VA.
SCALE - l"-100' APRIL 16, 1954 W.B. GALLUP COUNTY SUIIVI-@YOR" and being duly
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 36, at Page 16 to which reference is made for a more
particular description.
It is agreed between tlie parties hereinabove mentioned that closing on the above
described proeprty shall be on or before Deceinber 31, 1988, subject to the
approval of the expenditure of funds by the City Council of the City of Virginia
Beach, Virginia.
It is further agreed that tlie "seller" shall 1),iy a 10 percent silles commission
to Harvey Lindsay Commercial Real Estate at closing.
The total consideration for the conveyance provided for herein'is as follows:
CONSIDERATION: FOUR HUNDRED T@IIRTY-TWO TIIOUSAND DOLLARS ($432,000,001 in fiill for
the land, any and all improvements thereon. an(I an)Z niirl Ill
FORM NO. ORE 3.3
PAGE 2 OF I
CLAUSE NO. I
Of the above con@;derat;on ;s to be
withheld unfif the premises he fhe te,ms of this igree,,nt f ,Ie. Th,
owner agrees to notify an ag to be inspecte(I i@d to fum the keys over
11
to a representative who wi Ighe City Attomey th@t it is satisfactory to
deliver the rema;ning part of the consideration withheld.
CLAUSE NO. 2
"It is understood and ag,eed by the landowner that Buildings within or encroaching upon the proposedright
of way herein described shall be removed by the landowner within day, (not to ... eed 90 days)
ffom date of contract and t be with-
held by the City until said er under-
sto6d and agreed that if bEl will for.
leif both the said $ and all rights in the buildings, which may then be remcved or demolished
forthwith by the City or her agen (s.
CLAUSE NO. 3
"It is understood and agreed by the lao'downer that he is to vacate and remove Ill personal property from the
buildings within or encr ay herein descibed within days (not
to exceed 90 days) fro OICMLIE
MmInlg"PL
CLAVSE NO. 4
"It is understood and agreed by the landowner that buildin within or encroaching tipon the proposed right of
way herein described mai, within days (not to exceed 90 day.)
from dat@ of contract." NOTdAPnIC-rABI@t-,
CLAUSE NO. 5
"/t is understood by the landowne, that Building (s) No.
is located partially on the on the emaining p,opety'of the landowne,.
The landowner hereby agr I sale to allow the City or its agents of con-
tractors to remove the ent for stich temporary encroachments as may-e
be necessary."
CLAUSE NO. 6
"The landowner by his signature to this instrument agrees to grant unto the
Company an easement for its
facilities across his renacnofosffff t;ght of %,ay similar in all respects to that which
it n.. enj.y.. Up.n th. c r IL the City as he,einalter provided, the said utility
company, its employees, agents, o@ contractors shall have the right to enter upon the lands of the lando%,ner in
order ro proceed ipith the relocation of said fac;lities, pending the completion of the g,ant called for herein."
CLAUSE NO. 7
"It is specifically in rsNffaF @t are vacated, none of the ealty is to be remot,ed
@Pf t t[f
de
lrom the p,operty unless n
CLAUSE NO. 8
"The landotvner further agrees that he ivill compensate the tenarit of said land for any and all damages said
te@ant may uffer and sus pgreed to hereunde, and by eason of the said pro-
posed construction, and . I sa m an), and all claims that may be made b.v said
coW
tenant by reason of such
CLAUSE NO. 9
"The City, or its agents, may evercise the right to enter up6n tlie said prope,ty for such purposes as may be
@ecessary lo, the construction of thi. p,oject @,itliout further notice to the lando,@ner. "
F(,.. .r 3.3
t.GE , OF I
CLAUSE NO. 10
"The,e have been no other promis,!s, consideration or representation made Yhich ,e ,t ,, lo,th in this i,@
strument. "
CL,IUSE NO. 11
"The considerati(,.,i hereinal>ove n)eni;onod represc-nts the value of .11 e.tates or ;nieresi, i,i such ,,i(I th,
dan,ages to remaining lands of tlie lando@,ne, wh;ch iiiay result by rc,,son of the use to @l,icii tlic Cit @,i/l put
the land to be conveyed. The lando.ner agre@s to accept his le.1.11y propo,tionate sliare to such toi,,l co@-
side-tion for his interest on,f riglits in the said land.
CLAUSE NO. 12
'7n the event the landowner is unable to coni,ey nifrketable title to the City as fierein prot,ided, and the Citi-
should elect to inst;tute cotideninatioti p,occed;ngs for the pu,pose of acqui,i,ig title to sti,:]) land, it is @Ir,.@d
by the landow.)er fliat this instrfinient may be introduced iti sucli procce(fings as evi(lence of tlie i,@ilue Ql l@in,l
and dan,,iges, if afiy, to the remaining prope,ty of tile liuldo@,ner.
CLAUSE NO. 13
"The landowner lie,eby co@enants @d g,-., to, hi.@ h.ir. nd ... i.1n. nd ti,@l the @on-
side,atiot) lie,ein ,nentioned-@hall be in li@u oi any and all cliitns to compen@ation and dimage,, by rcz,son of the
location, construction and maitilenance of (he highway or othe, project by the City, includ;ng such drain@,gc.
facilities as may be necessary, and tliat the City shzill have the right to enter upon @r)d t@ike posse,.@ion of the
land prior to tlie excctjtion and delivery of tlie deed i,hich is to be excciiied in the eveni illi. @,9,ecnic,li of
is exercised."
IVitness tlie followitig signatures @ind seals:
CITY 01,' VII@Gltlli% 13@AC!i, VIRGINT,%
By:
LA@!DOWNER
SEAL) (SEAL)
(SEAL) EAL)
(SEAL)
(SEAL) L)
(SEAL)
(SEAL) -(SEAL)
(SEAL) (SEAL)
C@,tili,,l s to A v,iil,tbility APIIROVL,:D,iS TO CONTI,'NT I]'I'P(,t'ED 'i 0 I:Ollll%l
of Fu,,d,
Di,,Ct., oi Fi ...... c,? (Date) Cil>-
FOAM NO. ORE 3-3
PAGE I OF 3
Pa,cel
P,oject
RielSirtet
Bo,ougb
City o/ Vi,ginia Beach, Vig,@nl*a
%O
iWhis.&qrttmeitt of $aft, Made this @o dy of C)C 1'2 19
by JAMES fl. KABLER, divorced and not remarried; PiiELAN R. VANDEVENTI-@lt, widow and
not remarried; BRADEN VANDEVENTER, JR. and BARBARA L. VANDEVENTER, liusbind and
wife; HUGH S. MEREDITH and GWENDOLYN S. HEIZEDITII, liusband and wife; BLACK FAMILY
PARTNERSHIP, a Virginia Limited Partnership; HAIZVEY ],. LINI)SAY, JR. an(i FILANCES
M. LINDSAY, husband and wife; HARVEY L. LINI)SAY, JR. TRUS'REE for KAY L. KARLER,
divorced and not remarried; INDIE L. BILISOLY and FRANK N. HILISOLY, M.D., her
husband; and KAY L. KABLER, divorced and not remarried, hereinafcer referred to
as "seller" even though more than one, and the City of Virginia Beach, a
Municipal Corporation of the Commonwealth of Virginia, hereinafter referred to
as "City".
Joilntsstlh- for and in considera(ion ol one dollar and other valuable consideration,
receip( of which is hereby acknowledged, the "City" agrees to buy and the "landowner" agrees to sell, kee
from all lions, all his rights and interesta in the following described land together with all improvements to the
City by dead of general warranty, properly executed, acknowledged, and delivered with usual covenants of title,
"a from all oncumbranco3.
The land and improvements subject to this agreement of sale are described as follows:
All that certain lot, tract or parcel of land together wtth iinprovenients thereon
belonging, lying, situated nd b,ing in tlie City of Viriinia Beacii, Virginia and
designated and described as: "AL@EA B-l" as stiown on tliat certain Plat entitl,d:
"TRACT B - SECTION I SANDBRIDCR IIEACII Pl@INCE'ss ANNI" COUNTY, VA. CALL - I"=IOO'
APRIL 16, 1954 14.1i. CALLUI, - COUN'RY SUIVFYOR'- aiid du@ly recorded in tiit@ Office of
the Clerk of the Circ!uit Cotirt of the City of Virgini. B,!.cl,, Virginia in Map
Book 36, at Page 16 to whict, ,f,,,nce is inade for a more particular
description.
It is agreed between the parties h7ereinabove mentioned, that closinp, on che
above described property shall be on or before December 31, 1988, subject @o the
apprc)val of the expenditur, of funds by the CitY COu"Cil of tlie City of Virginia
Beacti, Virginia.
It is further agreed that the "Seller" ,;hall pay a 10 I)ercent sales commission
to Harvey Lindsay Co@Mercial leil Estate at closing.
The total consideration for the conveyance provided for herein'is as follows:
CONSIDERATION: ROUR ]iUNDRr-D r-IG]iTY-TWO ]'I]OIJSAND ONF. iiiiNnRf-.D TIITP'PY-I;T
($482,136.00) in full for the land, any and all improvements thereon, and any
and all damages.
FORM NO. ORE 3-3
PAGE 2 OF 3
CLAUSE NO. I
Aln!r- PinEpog-iq-w- of tl,c abo,c coii,,ide,,.ti.ti is to bc
withheld nlil tl,c p,emi.es i@n@f (t,, O( tllis TI),
o@ner agrees (o @otify 3n J)W I,e y t@ di,)g tO bO inspected @ind' to tun tlie key, o,,c,
to a wl,. @ill .11@, inspe@ting (/,e ,d,i,c th@ City Atto-@3, th,t it i,
d.li@er the e.ai@ing p.,t of the conside,atio@ ,itlihe-ld.
CLAUSE NO. 2
"It is understood and agreed by the landowner that Buildings ;vithin or encroaching upon the proposed right
of way herein described shall be removed by tlie lando@vner within days (not to exceed 90 days)
from date of contract and Oic amount of $ shall bc with.
held by the City until .,d ic said proposed riglit of way. It is further under-
stor,d and agreed that @fb aid da3,s, the landowner will for.
feit both (he said and all rights in the buildings, which may then be remc,@ed or demolished
forthwith by the City or her agents."
CLAVSE NO. 3
"It is understood and agre &cate and reinove all personal property from the
buildings within or cncr-a here;n described within da)'s (not
to exceed 90 d,,ys) from da]
CLAUSE NO. 4
"It is understood a,id ag S within o, e.,icroaching upon the proposed right of
wa 'v herein described IrII)irpt9fs, ivithin days (not to exceed 90 d@lys)
from dafe oi contract."
CLAUSE NO. 5
"It is nderstood by the lando.,ner that Bijil(ling (s) No.
4
is locate al
partially
d on the hdtfiaII3, oti th@ rema;ning propet),'Of the lando.,ner.
The landol-ner hereb)- agrlel'ty@l.@e (Ok@4 , @nt of sale to allow the City or its igents or con.
tractors to remo@e the entire building and here@y g,anis permission for such temporary encroachments as may-e
be necessary."
CLAUSE NO. 6
"The landowner b3- his s;gnature to this inst,ument ag,ces fo grant unto the
I - - - -- 4 r- C.mpany an easement fo, its
facilitie. across hi,, rema,,n 01 3ti(,ig.1/2t of .,ay similar in all resp@cts to ilmi -,Il;ch
it .0. e@j c'JI'3
o3,@. Upo. th. e aft Cit3, .@ hereinitter pro,,ided, tlic @.iid ufility
company, it@ eniployees, agents, or contractors sl)all ha@e tlic ight to enter upo,i the lands of tlic lando.,n@, in
order to proceed ivith the relocation of said facilities, pending the completion of the grint called for lierein."
CLAUSE NO. 7
"It is specific@lly understo re vacated, noic of tlic realty is to b@ removed
from tlic p,oper(3, utiless
CLAUSE NO. 8
"The l@do,@n@r fril,er agree@ that he @,ill ompensate the tenatit of aid land for an), a.d all dam@ges @aid
ten.nt a)- .lie, and sustain n lo heretinder and by reason f the .id pro-
I'L@'r
!if
po.ed consir.ctio@, and agree j, and iill cl@,ini,, flial m,,, b, b), .id
tenant h), re@,son of s.ch co,i,,c
CLAUSE NO. 9
"Thc Ci(3-, o, its 'gent,. maj- eyer@i.,c tho ripht lo @nter po'n the @aid prope,tj, fo, @.ch P.,[,oses as @,,y be
n@cess.r), t.r th@ con.,t,uction of (hi, pr,,ject furti,er notice to the 1.@do,,@er. "
@on@ l,: ORE. 3.3
@AGL A OF 3
CLAUSE NO. 10
"There have been no other promises, conside,ation or representaticti t7,ade @,hich are not set fortli in this iti-
stmmenf."
CLAUSE NO. 11
"The consideratic,.i hereinabove mentioned represcnis the value of all estates or interest., iii sucli lin,], ii7d tl,c
'@n,ages to reniaining landr of the lando@vner which niay result by rciqon of the use to viiicli tlie Cit@, ivill p(,t
the land to be conveyed. The lit,(Iuwner agrees to accept his ledally proportionate sliare to such tolil con-
sideration for his interest an,i righis in the said lan(l.
CLAUSE NO. 12
"In the event the landowner ;s unable to convey iiiarketable title to the City as herein provide,l, and the Cit@,
should elect to institute cotidematiori proccedings for the purPOse of acqui,ifig title to sucli land, it is agreed
by the landowner fliat this instr4imeni may be int,oduced iii sucli proceedirigs as evidence of tlie i-.ilue of I.,id
and daiiiqges, if ar7y, to the reinaiiiing property of tlie 1,@idoivner.
CLAUSE NO. 13
"The landowner lie,eby covenants md gre@. [.r hi. nd ..@;g@., .@d tl,,,t th, on-
sideratiori herein mentioned shall he in lieu of any and all claiins (o compensation and dan@@lges by rezison of thc,
location, consimction and maiiiienance of the higli@vay or oilier project by the City, includin,.5 such draiiiige
facilities as atay be necossoy, and that thc City h@,11 have the riglit to cnter upo,i tid t@,ke po.se.,sion of the
land prior to the execi,tion and delivery of tlie deed whicli is (o be executed in the e,,ent fliis ,gr(:c,),cnt of
is exercised."
lVittiess thc following signitures 4ind seals:
Cl'rY OF VIRGINIA BLACII, VIRGINI,%
By: f@)
LA@!DOWNER
(SEAL) (SEAL)
(SEAL)
(SEAL)
(SEAL) P,, )kA L,(SEAL)
(SEAL)
(SEAL)
-(SEAL) (SEAL)
4 A -(SEAL) (SEAL)
C.rtified i. A,ail,,bility APPROVL:D @Aq TO CONTEVT @PPRO@IED I.@ 7@O
o/ F.,id,
Di,,cl., ./ Fi ...... c, City Iii . .....y
FOR$'. NO. ong 3-3
PAGR I OF I
Pa,cel
P,ojecl
RielSi,ect
Boro.gh
City Ql Vi,ginia Beacb, Virginia
This &gr ttment of 5a[t, Hadq this day of (DC- 7-0 19 (F,?
by JAMES H. KABLER, divorced and not remarried; PliELAN It. VANDEVF.NTER, widow and
not remarried; BPADEN VANDEVENTER, Jlt. ati(i BARBARA L. VANDEVENTER, liusband and
wife; HUCH S. MEREDITII and GWENDOLYN S. MEPF@DIT[l, liusband and wife; KAY L.
KABLER, divorced and not remarried; BLACK FAMILY PARTNEIZSHIP, a Virginia Lintited
Partnersliip; IIARVEY I.. LINDSAY, JR., TIUSTI,-E for KAY L. KABLER, divorced and not
remarried, IIARVEY L. LINDSAY, JR. and FIIANCI,.S M. LINDSAY, liusband and wife; and
INDlE L. BILISOLY and FitANK Ii. BILISOLY, M.D., husban(i and wife, hereinafter
referred Co as "seller" even though more than one, and the City of Virginia
Beach, a Municipal Corporatiori of the Commonwealth of Virgiiiia, hereinafter
referred to as "City".
?Mi[IICSSC[h' Th.t fr and in consideration of one dollar and other valuable consideration
roceipt of which is hereby acknowledged, the "City" agrees to buy and the "landowner" agrees to sell, ke.
from all lions, all his rights and interests in the following described tand together with all improvements to the
City by doed of general warranty, properly executed, acknowledged, and delivered with usual covenants of title,
h" from all encumbrances.
The land and improvements subject to this agreement of sale are described as follows:
All that certain lot, tract or parcel of land t ogetlier wi.tti improvements thereon
belonging, lying, situated and heing In tlic City of Virl@iiiia Be;icii, Virginia and
designated and described as: "ISUSINI,'SS AIO,@A A" its sl,own oii thar c,@rtain plat
entitled: "EXTLNSION SANDFIDDLER ROAI) TilitOUCIf BUSINPSS ARI-'A "A" SANDBRIDCF..' )IEACH
T)tACT "A" PRINCESS ANNE COUNTY, VA. SCALI-1- 1"=100' 30 APRIL 1955 RAY@IOND C.
ALMOND SURVFYOR" as being duly recorded in tlie Office of tlic Clerk of che
Circuit Court of tlie City of Virginia Beach, Virginia in ?-lap Bool( 38, at Page 44
Lo which reference is made for a more particular description.
It is agreed between the parties hereinabove mentioned that closing on the above
described property shall be on or before December 31, 1988, subject to the
approval of the expenditure of funds by the City Council of the City of Virginia
Beach, Virginia.
It is ftirther agreed that the "seller" shall piy a 10 percent sales comiiilssion
to flarvey Lindsay Commercial lteiil L.state it closing.
The total consideration for the conveyance provided for herein'is as follows:
CONSIDERATION: TWO IIUNDRED SIXTY-FOUR TIIOUSAND SIX IIUNDRED DOLI,ARS ($264,600,00)
in full for the land, any and all improveinents thereon, and any and ,ill (I-,imaQes.
FORM Nb. ORF 3-3
PAGE 2 OF 3
CLAUSE NO, I
of the above considerat;on is to be
withheld until the premises hqze h the ter,ns of tliis agreem@t of sale. The
owner agrees to nolily an agIff9r@, Ed,ng to be inspected and to tum the keys over
to a represenfative who -ill @04 Ph 'S@L @the City Artomey that it is satisfactory to
deliver the rema;ning part of the consideration withheld.
CLAUSE NO. 2
'It is understood and agreed by the- landowner that Buildings within or encroaching upon the proposed right
of way herein described shall be removed by the landownef within days (not to exceed 90 days)
from date of contract and that the consideration for removal in the amount of $ shall be with-
held by the City untit said bgU h Ap sa proposed right ol way. It is further under-
rellriCA.[Iti id
sto,,d and agreed that if bq; ole 0 d da),s, the landowner will for-
feit both the said $ and all rights in the buildings, which ma3, then be remr ved or demolished
forthwith by the City or her agen es."
CLAUSE NO. 3
"It is understood and agreed b,y the laridowner that he is to vecate and remove all personal property from the
buildings within or encr LpiCeABt.Eway herein described with;n days (not
to exceed 90 days) from
CLAUSE NO. 4
"It is understood and agreed by the landowner that build;ngs within or encroaching upon the p,oposed right of
way herein described veAIRLICABLfts, ivithin days (not to exceed 90 days)
from date of contract."
ma,Roy
CLAUSE NO. 5
"It is understood by the landowner that Build;ng (s) No.
p
is located partially on the ,g d -L Ify on the remaining p,op@ty'of the landowner.
The landowner hereby agr f tiumi of sale to allow the City or its agents or con-
tractors to remove the entire building and hereby grants permission for sizch temporary encroachments as may,e
he necessary."
CLAUSE NO. 6
"The landowner by his signature to this ins(tument agrees to grant unto the
, I -- q am Company an easement for ifs
facilities ac,oss his remainint of way similar in all respects to that -hich
if now ..j.y.. Up.n th. .@.ep Unik,'.,City as hereinafter p,ovided, the said utility
wmpany, it. employees, agenp. I have the right to enter upon the lands of the lando.ner in
order to proceed ivith the relocation of said facilities, pendin.- the completion of the grant called for herein."
CLAUSE NO. 7
'71 is specificall), tiriderst are vacated, no.,7e of the realty is to be removed
from the property unless spt@elagAPOP,,IiCn ArBit
CLAUSE NO. 8
"The landoivner further agrees that he will compensate (lie tenatit of said land fo, any and all d@images said
tenant may @uffer and sust@IU reed to here.nder and by rea.on of the s.id p,o-
posed constr.ction @d ogjMol....g m on3, and all cla;.s iliat av be ade by said
tenanf by reason of'such :o
CLAUSE NO. 9
"The City, o, its agent,, may, evercise the r;ght to enter up6n tlie said properly for such pu,poses as may be
necessary for the const,ucrion of this project u,ithout turther notice to the landotvner."
FOR. .,3. ORE 3-3
P.GE 3 bF 3
CLAUSE NO. 10
"There have been no other promis@!s, consideration or represontatiori niode iviiich are not set forit, ;,, ti,is irl-
strument. "
CLAUSE NO. 11
"The consider,@ti@,n hereinabove enlioned represc-nis tlie value of all estates or interests in sucl) I.iid, ,,?d ille
damages to renia;niiig lands of tlie Iz,,ndoivner which nay result by reison of the use to t@Iiicli the Cit-, @cts-ill p.t
the land to be conveyed. The landowner agrees to accept his legally proportionate sl)a,c to st,ch tot,,l con-
sideration for his interesi @d rights in tlie said Iind.
CLAUSE NO. 12
"In ihe event the lanclo@er is unble to convey nic,,ketable I;lle to the City as herein p,ovide(l, ,n@l ihe Cit
should elect to institute condemtiation proccedings for the purpose of acq-i,itig title to ,.c/) I.I@d, it is O.,,,cd
by the landowner il,al tliis ;nstrtin,etit may be intro(iuced in such procceding@ is evidc,)ce of 11,@ V,Ol.e @f II,ld
md darwges, if aiy, to ihe re,naining p,operty of tlie lai,do@@ner.
CLAUSE NO. 13
"The landowner liereby covenants and grees fo, his hoirs nd ..@ign., and fl@,it tl)C con.
sideratioti herein niont;oned shall bc in lieii of any and @ill claiins to compensation and by czi.,on of tile
location, consiruction and mainfenance of the highway or other project by the City, including sucli dainage
facilities as may be necessdry, an(i tliat the City shill have the rigl)t to ct)ler upon itid t@jkc po@,ession of the
land prior to the exectition and delivery of (lie deed it,hich is to bc executed in ilie event tlii.@ of
is exercised. "
lViiness the following signitu,.s @ind @.1s:
CITY 01-- VIIZGINIA BLACII, VIRGINI,\
By: 1--,X L)
LA,I!DOWNER
(SEAL) -(SEAL)
(SEAL) (SEAL)
A @il Ad EAL)
EAL) (SEAL)
EAL) L)
FAL) (SEAL)
(SEAL) (SEAL)
Ce,tifie,l as to A ail,ibility AP11ROV17D AS 7'0 CONTI:NL- i I'PPO t'l-D I.% 7 0 1:01@,@l
o/ Fu,,ds
City @lit .......
All Llitit c(,.i-ttiin lot, Li-act or parcel of land togethor with improvements thereon
lying, situatpd and being in tlie CiLy of Virginia Beach, Virginia
i)Ling bOLtilde(i and (lescribed as follows: Beginning at a point in the northwest
int.rsection of the ri,glits of way of Sandfiddler ]load and Porpoise Lane and
i-tinniii. S79@-121-00"@4, 21,0.00 feet to a point in the northern right of way line
Porf)oi3c l.nne; ttionci turnl.ng an(I running NlO*-/.81-00"Wi 394-53 feet to a
1)oint; Llience turning iiri(I running N79*-121-00"E, 240-00 foot to a point in the
@iciLei-n i,it@ht of way lin(, of Sandfiddl(,,r Road; thcnce turning and runnine SlO*-
481-00"E, 394.50 feet to the I)oint of be@inning. Said parcel being a part of
that I)ui,cal dosignatud and describe(I ao: "AREA B-311 as ahown on that certain
plat untitlod: "TRACT B - SECTION 1 SANDBRIDGE BEACII PRINCESS ANNE COUNTY, VA.
SCALE - ll'=100' APRIL 16, 1954 W.B- GALLUP COUNTY SURVEYOR" and being duly
recorded in the Office oC the Clerk of the Circuit Court of the City of Virginia
]3cach, Virginia in Map Boolc 36, at Page 16 to wliich referenco is made for a moro
I)az-ticular description.
All that certain lot, tract or parcel of land together with improvements thereon
belonging, lying, situated and being in the City of Virginia Beach, Virginia and
designate(i arid degcribcd as: "AREA B-111 as shown on ttiat certain plat entitled:
"TRACT B - Sli,CTION 1 SANDIJRIDGE BEACII PRINCESS ANNE COUNTY, VA. SCALE - 111=100,
APRIL i6, 195/, W.D. GALLUP - COUNTY SURVEYOIIII and duly recorded in the Office of
the Cleric of tlic Circuit Court of the City of Virginia Beach, Virginia in Map
]3ook 36, at Page 16 to which reference is made for a more particular
description.
All that certain lot, tracl or pnrcol of land togother with improvements tlieroon
belonging, lying, situat(,@' and being in the City of Virgiiiia Beach, Virginia
being located at the northeast cornor of the intersection of the riglits of way
of Sandbridgo Road and Sandfiddler Road and being the sinaller of two parcels
dosi(:nated and described as: "BUSINESS AREA All as sliown on that certain plat
entitled: "EXTENSION SANDFIDDLER ROAD TliROUG11 BUSINESS AIIEA "All SANDBRIDGE BEACII
TRACT "All PitINCESS ANNE COUNTY, VA. SCALE 1"=100' 30 APRIL 1955 RAYMOND C.
ALMOND SURVEYOIIII as being duly rocorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at Page 41,
to wliic)i reforonce is mado for a inore particular doscription.
'ATLANTIC OCEAN,
B-2
-2 H-1
B H-1
4A.
- 17 -
Item IV-F.4.
RESOLUTIONS/ORDINANCE ITFYI # 30383
ADD-ON
Upon i,,iotion by Vice llayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution requesting the General Asseribly of
Virginia to Rerqove the Sunset Clause from the Fire
Programs Fund.
Voting: 10-G
Council l@ieribers Voting Aye:
Albert W. Ball@o, John A. Baum, Vice iliayor Robert E.
Fentress, liarold Pleischober, Barbara @". Henley, Reba
S. McClanan, iliayor @@eyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
14one
Council Meinbers Absent:
John D. illoss
R E S 0 L U T I 0 N
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY OF VIRGINIA TO
REMOVE THE SUNSET CLAUSE FROM THE FIRE PROGRAMS FUND
WHEREAS, the City of Virginia Beach has greatly
benefited from the Fire Programs Fund, which has provided over
$600,000 in the last three years to augment the City's
outstanding fire protection service; and
WHEREAS, the Fire Programs Funding is scheduled to
expire by operation of a sunset clause in the enabling
legislation; and
WHEREAS, the Virginia services Board of the Department
of Fire Programs and numerous fire safety officials and
municipalities throughout the State have called on the General
Assembly to remove the sunset clause to enable the continuation
of the Fire Programs Fund.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach, Virginia, that the General Assembly be
hereby requested to remove the sunset clause from the Fire
Programs Fund and provide for the regular continuation of funding
under this program by the Commonwealth of Virginia to the various
municipal and volunteer fire departments of the Commonwealth;
AND BE IT FURTHER RESOLVED by the Council of the City
of Virginia Beach that a copy of this resolution be forwarded to
the Virginia Fire Services Board, Department of Fire Programs,
and to the representatives of this city to the General Assembly
of Virginia.
Adopted by the Council of the City of Virginia Beach on the 21-st
day of NoyLmbe;r 1 1988.
Item IV-G.
CONSENT AGENDA TTEY, # 30384
Upon motion by Councilpian Ball<o, seconded by Councilman Perry, City Council
APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of
the CONSENT AGENDA.
Item #1 was voted upon separately
Voting: 10-0
Council i@lembers Voting Aye:
Albert W. Balko, John A. Bauni, Vice Mayor Robert E.
Fentress, Ilarold '@ieischober, Barbara ili. lienley, Reba
S. DcClaran, Mayor @,leyera E. Oberndorf, Nancy K.
Parker, Jolin I,. Perry and Wi.Iliam D. Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
John D. Moss
Item IV-@@.1
CONSENT AGENDA ITEI,@ # 30385
Upon motion by Cotincilwor@,,an Heiiley, seconded by Vice Mayor Fentress, City
louncil ADOPTED, as AMENDED":
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach by ADDTNG Sections 2-341,
2-34'4, 2-343, 2-344, 2-345, 2-346 and 2-347 re
Management and Preservation of Public Records.
"On Line 37 the following sentence shall be
i-nserted:
"City records" shall not be deeiqed to include any
such items riade or received by iridividual rienbers
of the City Council.
Voting: 10-0
Council iliembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @i. Henley, Reba
S. McClanan, Y@ayor Fieyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council @lembers Votin-. Nay:
None
Council @',embers Absent:
John D. @loss
1 AN ORDINANCE TO AMEND AND REORDAIN
1 THE CODE OF THE CITY OF VIRGINIA
2 BEACH, VIRGINIA, BY ADDING SECTIONS
3 2-341, 2-342, 2-343, 2-344, 2-345,
4 2-346 AND 2-347 PERTAINING TO THE
5 MANAGEMENT AND PRESERVATION OF
6 PUBLIC RECORDS.
7
8 WHEREAS, the Virginia Public Records Act, Virginia Code
9 Section 42.1-76 et seq., requires the City of Virginia Beach to
10 establish and maintain a program for the economical and efficient
11 management of the records of its offices and departments; and
12 WHEREAS, the Virginia Public Records Act establishes a
13 single body of law applicable to public officers and employees on
14 the subject of public records management and preservation, and to
15 ensure that the procedures used to manage and preserve public
16 records will be uniform throughout the State; and
17 WHEREAS, the City Council of the City of Virginia Beach
18 deems it to be in the public interest to adopt an ordinance
19 providing for an orderly and efficient system of records
20 management in accordance with the provisions of the Virginia
21 Public Records Act;
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
23 THE CITY OF VIRGINIA BEACH, VIRGINIA:
24 That Sections 2-341, 2-342, 2-343, 2-344, 2-345, 2-346
25 and 2-347 of the Code of the City of Virginia Beach, Virginia,
26 pertaining to the management and preservation of public records,
27 are hereby added to read as follows:
28 Section 2-341. Definition.
29 As used in this article, "City records" shall mean all
30 written books, papers, letters, documents, photographs, tapes,
31 microfiche, microfilm, photostats, sound recordings, maps, other
32 documentary materials or information in any recording medium
33 regardless of physical form or characteristics, including data
34 processing devices and computers, made or received in pursuance
35 of law or in connection with the transaction of public business
36 by any office or department of the government of the City of
37 Virginia Beach. "City records" shall not be deemed to include
38 any such items made or received by individual members of the city
39 council.
40 Nonrecord materials, which shall include reference
41 books and exhibit materials made or acquired and preserved solely
42 for reference use or exhibition purposes, extra copies of
43 documents preserved only for convenience or reference, and stocks
44 of publications, shall not be included within the definition of
45 city records as used in this article.
46
47 Section 2-342. City records declared public property.
48 (a) All city records shall be, and are hereby declared
49 to be, the property of the City of Virginia Beach. No city
50 officer or employee shall have, by virtue of his position as an
51 officer or employee of the city, any personal or property right
52 in or to any such records.
53 (b) Any custodian of any city record or records shall,
54 upon the expiration of his tenure of office, appointment or
55 employment, deliver to his successor, or if there be none, to the
56 city records manager, all books, writings, letters, documents and
57 other city records and information in his custody.
58
59 Section 2-343. Custody and preservation of records of the city
60 council.
61
62 (a) The city clerk shall retain the records of the
63 city council.
64 (b) The minutes of the meetings of the city council
65 shall be microfilmed for security purposes, and the master
66 microfilm copy shall be transmitted to the Virginia State Library
67 for storage.
68
69 Section 2-344. Records management program established.
70 It shall be the duty of the city manager to develop a
71 comprehensive proqram for the management of city records,
72 including the establishment of procedures for the management of
2
7 3 such records from their creation to their ultimate disposition
74 and for the efficient and economical creation, distribution,
75 maintenance, use, preservation and disposition of city records.
76
77 Section 2-345. Records manager; duties.
78 The superintendent of records and micrographics is
79 hereby designated as records manager, who shall be responsible
80 for the implementation of the records management program.
81
82 Section 2-346. Duties of department heads; records officers.
83 (a) It shall be the duty of the department directors
84 to cooperate with the city manager in implementing the records
85 management program; provided, that nothing in this article shall
86 be construed to require the removal of city records from the
87 custody of a department director when such records are deemed
88 necessary in or for the performance of the duties imposed upon
89 such director by statute or ordinance.
90 (b) Each department director shall designate an
91 employee of his department to act as records officer, who shall
92 report directly to the director of his department and shall be
93 responsible for coordinating the records managemelit program of
94 his department, for cooperating with the records manager in
95 ensuring compliance with the records managemelit program, and for
96 monitoring compliance with records retention aiid disposition
97 schedules for the records of his department.
98
99 Section 2-347. Confidentiality.
100 Any records made confidential by law shall be so
101 treated. Records which by law are required to be closed to the
1 02 public shall not be deemed to be made open to the public under
103 the provisions of this article, and no provision of this article
104 shall be construed to authorize or require the opening of any
105 records ordered by a court to be sealed.
106
107
3
's -d 1
108 Adopted this 2 @ ay of qovember 1988, by
109 the Council of the City of Virginia Beach, Virginia.
110 WMM/epm
111 07/24/87
112 11/14/88
113 11/21/88
114 CA-02367
115 /Ordin/Proposed\02-34letc.PRO
116
4
- 20 -
Ite,n IV-G.2
CONSENT AGENDA 1TEM # 30386
Upon Piotion by Councilman Balko, seconded by Councilman Perry, City Council,
ADOPTED:
Ordiiiance to AMEND and REORDAIN Section 33-112 of
the Code of the City of Virginia Beac@, re Public
Streets, Alleys, Basements and other Public Ways.
Voting: 10-0
Council @iembers Voting Aye:
Albert W. Balko, John A. Batim, Vice Mayor Robert E.
Fentress, Harold Heiscliober, Barbara @l. Henley, Reba
S. iMcClanan, @iayor @,ieyera E. Oberndorf, Nancy K.
Parker, John L. Perry and Ililliarr, D. Sessoms, Jr.
Council l@.,embers Voting Nay:
None
Council iqenbers Absent:
John D. Moss
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 33-112 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO PUBLIC STREETS,
5 ALLEYS, EASEMENTS AND OTHER PUBLIC
6 WAYS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 33-112 of the Code of the City of virginia
11 Beach is hereby amended and reordained to read as follows:
12
13
14 Section 33-112. Sale of public street, alley, easement and other
15 public ways.
16
17 As a condition to vacation of any
18 city street, alley, easement or other public w@ the persen-er
19 abutting pro t
20 owner or owners requesting the vacation shall may be required to
21 purchase from the city the pubile street, alley, easement or
22 other public way for which the vacation is requested7; previded
23
24
25 reeltiested7 and provided further that the parties agree as to the
26 value of such property or easement.
27
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 21st day of November 1988.
30
31 NEW/lmt/epm
32 10/12/88
33 10/14/88
34 CA-02970 AMOVED AS TO CONTENTS
35 \ordin\proposed\33-112.pro
3 6
37 SIGNATURE
bEPARIMENI
WROVED AS TO LWAP
- 21 -
Item IV-G.3
CONSENT AGENDA ITElvi # 30387
Upon -,notion by Council,.qan Balko, seconded by Councilrqan Perry, City Colincil,
ADOPTED:
Ordinance to AMEND and REORDAIN Section 4 of the
Site Plan Ordinance of the City of Virginia Beach
by ADDI@IG Subsection 4.1 A.8 re Information
Required on Site Development Plans.
Voting: 10-0
Council @,efibers Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor Robert E.
Fentress, Harold Heischober, Barbara @,". fienley, Reba
S. McClanan, Mayor t,eyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
@,'o n e
Council lllembers Absent:
Jolin D. @loss
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 4 OF THE SITE PLAN
3 ORDINANCE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, BY ADDING THERETO
5 A NEW SUBSECTION 4.1 A.8 PERTAINING
6 TO INFORMATION REQUIRED ON SITE
7 DEVELOPMENT PLANS
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Section 4 the Site Plan Ordinance of the City of
12 Virginia Beach is hereby amended and reordained by adding thereto
13 a new subsection 4.1 A.8 to read as follows:
14 Section 4. Information required on site development plan.
15 4.1. Nine (9) copies of a site plan, prepared, stamped
16 and endorsed by a registered engineer, surveyor or other persons
17 duly licensed by the Commonwealth of Virginia to practice as
18 such, shall be submitted with every application for approval, and
19 shall contain the following information:
20 A. Property and ownership information:
21 1. A location map at a scale of not
22 less than one inch equals 1,600
23 feet with the site plan clearly
24 marked on the location map
25 identifying the location of the
26 property;
27 2. Present recorded property owner and
28 map book and page reference and
29 deed book and page reference of
30 the site property;
31 3. Owners, lot numbers and map
32 book/page reference of all adjacent
33 properties;
34 4. A boundary survey of the parcel
35 prepared at a scale of one inch
36 equals fifty (50) feet or larger;
37 no sheet shall exceed 24 X 36
38 inches in size. The survey shall
3 9 include the acreage and/or square
40 footage of the site and indicate
41 all boundaries by course and
42 distance;
43 5. Iron pins 3/8 inch in diameter and
44 36 inches in length shall be shown
45 and installed at all lot corners,
46 points of tangents and any angle
47 point along a given course of the
48 parcel;
49 6. All property information shall be
50 certif ied by the engineer or
51 surveyor of the project;
52 7. Existing zoningt;
53 8. Geographical parcel identification
54 number.
55 This ordinance shall be effective from the date of its
56 adoption.
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the 21st day of Ncvember 1988.
59 JAR/epm
60 10/31/88
61 CA-03011
62 \ordin\proposed\46-004-l.pro
APPROVED AS TO CONTEI'QTS
2
- 22 -
Item IV--@.4
CONSENT AGENDA ITEM # 30388
Upon motion by Councilrian Balko, seconded by Councilman @erry, City Council,
ADOPTED:
Ordinance authorizing acquisition of property in
fee s-@-mple for right-of-way for Sandalwood Road
Storm Outfall; and, the acquisition of temporary
and permanent easements of right-of-way, either by
agreement or condemnation.
Voting: 10-0
Council llembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara Ni. Henlev, Reba
I
S. McClanan, Mayor l@leyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council l@lembers Votin@. Fay:
None
Council Members Absent:
John D. Moss
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 SANDALWOOD ROAD STORM OUTFALL AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important storm outfall project to provide
11 drainage and for other public purposes for the preservation of
12 the safety, health, peace, good order, comfort, convenience, and
13 for the welfare of the people in the City of Virginia Beach:
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the City Attorney is hereby authorized and
19 directed to acquire by purchase or condemnation pursuant to
20 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
21 89, et seq., Code of Virginia of 1950, as amended, all that
22 certain real property in fee simple, including temporary and
23 permanent easements of right of way as shown on the plans
24 entitled "SANDALWOOD ROAD STORM OUTFALL SEPT. 15, 1988
25 CIP 2-020,1, these plans being on file in the Office of Real
26 Estate Department of Public Works, Virginia Beach, Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make or caused to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands, if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
33 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption. Adopted by the council of the City of Virginia Beach,
36 Virginia, on the 21st day of Nc)vember 19 88
37
38
39
40
41
42
43
44
45
46
47 JAR/ih
48 CA-2989
49 \ordin\noncode\sand.ord
C4;y
f
1 .2212,
rg@
I I/- -
@ - - . i
00 @ -- .-- - -:,t
I
I
SEP
I
I
APPROVED: DATE -
DIRECTOR WORKS, CITY OF VIRGIVIA BEACH, VIRGINIA
SIGNED:
su
ci
LOCATM MAP SRALE: l"=2W'
NOTE (i) T TIES TO EXISTINC, MONUMENTS COMBINED WITH THE
C( PLATS. SHOWN HERE ON, AND IS INTENDED
Ti OUNDARY SURVEY
NOTE (2): MERIDIAN SOURCE IS BASED ON PLAT E,@NTITLED "CAPESTORY BY THE SEA,PLAT NL).I"
MAP 8001< 27, PAGE 13
NOW OR FORMERLY
CAPE STORY ASS.OCIA7ES
D. B. 2153 @@ , PG. 560
LOT NO 188 M.B. 27 , PG 13 LOT NO. 190
LOT NO.'189
S 1,3 0 06'30"E
6000'
NON OR FORMERLY
SHIRLEY G. SHUTTY NOW OR FORMERLY
D.S. 2408, PG.1310 aB.213.5 , PG. 560 CAPE STORY
M.S. 27, PG. 13 M.B.27 PG.13 BY THE SEA, INC.
G. PIN NO. 1499-69-0,308 G.PIN NQ 1499-69-0322 D.B. 284 PG.491
M.B. 27 PG.13
G. PIN NO. 1499-69-0247
LOT NO.238 w LOT NO. 239 LOT NO. 240
PROPERTY CONVEYED TO THE
CITY OF VIRGINIA BEACH
AREA - 6 900' SQ. FT
0. 158 AC.
IE)IISTING
PIN (F) It 60.00, RIW
61d TO L@NCIANA DRIVE N 13 006'3 O" E
SANDALWOOD 50' RIW) ROAD
PLAT SHOWING
PROPERTY CCIVVEYED 70 THE CITY OF VIRGINIA BEACH
FRCM
CAPE STORY ASSOCIATES
LYWHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
BUREAU OF Z;URIVEYS AAE) MAPRNG
ENGIAEERING DIVISION
DEP T OF R)BLIC WORKS
CITY OF VIRGINIA BEACH, VIRGINIA
IDATE:MAY 31, 1988@ Sr-ALE.- r= 2@ IDRAWN BY.- DLW I I FILE: VERTICAL
EVISION DATE.' OCT. 24 , 1988
APPROVED.' DATE
DIRECTL)R OF.@QPLIC - WORK@ ,CITY OF WRGINIA BEACH, VIRGINIA
SIGNED. .
3u P/Nu,
CITY
LOCATION MAP SCALE:I"2"d
NOTE (1): THIS ELD TIES TO EXISTING MONUMENTS COMBINED WITIH THE
COMPILATION OF THE DEEDS AND PLATS SHOWN HERE ON, AND IS NOT INTENDED
TO REPRESENT A BOUNDARY SURVEY
NOTE (2): MERIDIAN SOURCE IS BASED ON PLAT ENTITLED " CAPE STORY BY THE SEA, PLAT NO. I
MAP BOOK 27, PAGE 13
NOTE(3): DENOTES PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH
@ AREA = 435 SQ FT 0.10 AC.
NOW OR FORMERLY@ LOT NO. 190 LOT NO. 191
CAPE S7C)RY BY --
THE SEA,INC. S 130 06'30" E
D.13. 284, PG.491 58.00' -i
M.S. 27, PG. 13
G. PIN NO. 1499-69-1265
NOW OR FORMERLY
CAPE STORY BY CAPE STORY BY
THE SEA,INC. THE SEA, INC.
NOW OR FORMERLY Da284 PG. 491 D.B. 284 , PG. 491
m.a 2 7 PG. 13 M.a 27, PG. 13
CAPE STORYASSOCIATES' G. PIN NO. f499-69 -0247 G. PIN. NO. 1499-69-0169
08. PJ35 , PG. 560
MB. 27,-PG. 13 w
G. PIN NO. 1499-69-c52z LU
:0
wi
0
LOT NO. 239 LOT NO. 240 ;e LOT NO. 241
U)
29.Od
PERMANENT DRVIINA@@
EASEMENT CON EYED TO@
THE CITY OF VIRGINIA
BEACH 435 SQFT
0.0 I AC
2900
L ZIOQ 29.00'
='TO POINCIANA DRIVE N 13 0 O@'30"W 58.00' @EXISTING RIW
SANDALWOOD ROAD, 50', R W
PLAT SHOVfiNG PERMANENT DRAINAGE EASEMENT
CONVEYED TO THE CITY OF VIRGINIA BEACH
FROM
CAPE STORY BY THE SEA, INC.
LYNNHAVEN o VIRGWIA BEACH, VIRGINIA
BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION
DEPARTMWr OF PUBLIC WORKS
CITY OF VIRGINIA BEACHVIRGINIA
IDATE:MAY 31,1988@ S LE.- I'=W FILE: VETICAL
VISION DATE: OCT. 24, 1988
2@,
Item IV-G.5
CONSENT AGENDA ITEM # 30389
Upon motion by Councilman Balko, seconded by Councilrian Perry, City Council,
ADOPTED:
Ordinance authorizing and directing the City
Manager to execute a Fire Protection Mutual Aid
Agreement between tlie City of Virginia Beach and
the U. S. Army (Fort Story).
Voting: 10-0
Council Niembers Voting Aye:
Albert W. Balko, John A. Baum, Vice ',Ilayor Robert -L.
Fentress, liarold Ileischober, Barbara l,i. lienley, @eba
S. McClanan, I,,ayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
l@one
Council @'@eribers Absent:
John D. lloss
CE AUTHORIZING AND DIRECTING
MANAGER TO EXECUTE A FIRE
CTION MUTUAL AID AGREEMENT BETWEEN
4 THE CITY OF VIRGINIA BEACH AND THE
5 U.S. ARMY (FT. STORY)
6
7 WHEREAS, Virginia law authorizes local governments to enter
8 into reciprocal agreements for mutual aid and for cooperation in
9 the furnishing of fire protection services; and
10 WHEREAS, it is deemed mutually beneficial to the City of
11 Virginia Beach and the United States Army to enter into an
12 agreement concerning mutual aid and cooperation with regard to
13 fire protection, to promote the safety and welfare of this city
14 and of the military establishment at Ft. Story.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 That the accompanying Fire Protection Mutual Aid Agreement
18 is approved and that the City Manager be directed to execute said
19 Agreement on behalf of the City of Virginia Beach.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on this2lst day of Novernber
1988.
22 WEB/dga
23 mutaid.ord
24 10/14/88
25
26
It
AGREEMENT FOR MUTUAL AID FIRE PROTECTION
BETWEEN U. S. ARMY TRANSPORTATION CENTER
AND THE CITY OF VIRGINIA BEACB, VIRGINIA
This agreement, entered into this day of
19- , between the Secretary of the Army acting according to the
authority of section 1856, title 42, United States Code, and the
City of Virginia Beach, Virginia, is to secure for each the benefits
of mutual aid in fire prevention, the protection of life and
property from fire, and fire fighting. It is agreed that -
1. On request to a representative of the U. S. Army
Transportati.on Center (and in this instance specifically Fort
Story, Virginia) Fi--- Department (hereinafter referred to as "Fort
Story Fire Department") by a representative of the City of Virginia
Beach, firefighting equipment and personnel of the Fort Story Fire
Department will be dispatched to any point within the area for
which the City of Virginia Beach normally provides fire protection
as designated by the representative of the City of Virginia Beach.
2. On request to a representative of the City of Virginia
Beach by a representative of the Fort Story Fire Department,
firefighting equipment and personnel of the City of Virginia Beach
will be dispatched to any point within the fire fighting
jurisdiction of the Fort Story Fire Department.
3. Any dispatch of equipment and personnel pursuant to this
agreement is subject to the following conditions:
(a) The rendering of assistance under the terms of this
Agreement shall not be mandatory, but the party receiving the
request for assistance shall immediately inform the requesting
party if assistance cannot be rendered.
(b) Any request for aid under this agreement will include
a statement of the amount and type of equipment and personnel
requested, and will specify the location to which the equipment and
personnel are to be dispatched; however, the amount and type of
equipment and number of personnel to be furnished will be
determined by a representative of the responding organization.
(c) The responding organization will report to the officer
in charge of the requesting organization at the location to which
the equipaient is dispatched, and will be subject to the direction
of that official.
(d) A respt,.iding organization will be released by the
requesting organization when the services of the responding
organization are no longer required, or when the responding
organization is needed within the area for which is normally
provides fire protection.
(e) If a crash of aircraft owned or operated by the United
States or mili.tary aircraft of any foreign nation occurs within the
area for which the City of Virginia Beach, Virginia, normally
provides fire protection, the Chief of the Fort Story Fire
Department or his or her representative may assume full command on
arrival at the scene of the crash.
4. Each party will waive all claims against every other party
for compensation of any loss, damage, injury or death occurring as a
consequence of the performance of this agreement except those
claims authorized u@der 15 USC 2210.
5. Section 2210, title 15, United States Code governs
compensations to municipalities for direct costs and losses
sustained while fighting fires on federal property. The City of
Virginia Beach, Virginia, shall be entitled to seek reimbursement
pursuant to 15 USC 2210 and Federal regulations issued thereunder
(44 C.F.R. 151), for all or any part of direct expenses and losses
(additional firefighting costs over and above normal operating
costs) incurred in fighting fires on property under the jurisdiction
of the United States covered by this Agreement. When the Fort Story
Fire Department engages in the fighting of a fire on property which
is under the jurisdiction of the City of Virginia Beach, Virginia,
the U.S. Army Transportation Center may file a claim with the
governing body of such jurisdiction for the amount of direct
expenses and direct losses incurred by the Transportation Center as
a result of fighting such fire, under the same conditions and with
the same restrictions as municipal claims made pursuant to 15 USC
2210, which shall be paid to the extent allowed by applicable law.
6. All equipment used by the City of Virginia Beach, Virginia,
in carrying out this agreement will, at the time of action
hereunder, be owned by the City of Virginia Beach, Virginia; and
all personnel acting for the City of Virginia Beach, Virginia, under
this agreement will, at the time of such action, be an employee or
volunteer member of the Virginia Beach Fire Department.
7. This Agreement shall become effective upon the date hereof
and shall remain in full force and effect until cancelled by mutual
agreement of the parties hereto or by written notice by one party
to the other party with sixty (60) days notice of said
cancellation.
2
IN WITNESS WHEREOF, the following signatures and seals:
FOR THE SECRETARY OF THE ARMY
KEFIEAD
Major General, U.S. Army
Commanding
CITY OF VIRGINIA BEACH, VIRGINIA
CITY MANAGER
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF NEWPORT NEWS, to wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that SAMUEL N. WAKEFIELD, Major
General, U. S. Army, Commanding, for the SECRETARY OF THE ARMY,
whose name as such iq signed to the foregoing Agreement, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this IIA day of @ @t) 1988.
NO'kary Public
My Commission Expires: @3
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City
Manager, for the CITY OF VIRGINIA BEACH, whose name as such is
3
signed to the foregoing Agreement, has acknowledged the same before
me in my City and State aforesaid.
GIVEN under my hand this day of 1988.
Notary Public
my Commission Expires:
STATE OF VIRGINIA ,
CITY OF VIRGINIA BEACH, to wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that RUTH HODGES SMITH, City
Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed
to the foregoing Agreement, has acknowledged the same before me in
my City and State aforesaid.
GIVEN under my hand this _ day of 1988.
Notary Public
My Commission Expires:
4
- 24 -
Item IV-G.6
CONSENT AGENDA ITEM # 30390
Upon motion by Cotincilman Balko, secor@ded by Councilnan Perry, City Council,
APPROVED upon FIRST READING, subject to SECOND READING November 28, 1988:
Ordinance to APPROPRIATE $94,445; and, TRANSFER
$7,299 from Reserves to fund n4ne additional
1-
temporary positions in the Sheriff's Department.
Voting: 10-0
Council Viembers Voting Aye:
Albert W. Balko, John A. @D'auri, Vice Mayor Robert E.
Fentress, liarold iieischober, Barbara l@i. Ilenley, Reba
S. @!cClanan, ayor @ieyera E. Oberndorf, Nancy K.
Parker, Jolin L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council I'lienbers Absent:
John D. iloss
AN CRDIMWE TO APPROPRIATE $94,445, AND TRANSFER
$7,299 FROM RESERVES TO FUND NINE ADDITIONAL TEMPCP.ARY
POSITICNS IN TBE SBERIFF'S DEPAR@
WBEREAS, the sation Board of the nwealth is aware of security
staffing shortages presently being experienced in the Virginia Beach Courts, and
has notified the Sheriff that it has approved nine (9) additional tenporary
Bailiff positions whose salaries and fringe benefits are 100% re@rsed from the
@nwealth, and
WHEREAS, the additional total operatirig costs of the nine (9) temporary
positions, effective December 1, 1988, is esliwated at $101,744, and will be
furided by $94,445 in reimbursentents frcm the CaiaitDriwealLh for salaries aiyj fringt-
benefits, and $7,299 from the city for operaling suppl.ies.
NOW, , BE IT ORDAINED BY THE CAMIL OF THE CII-Y OF VLRGINI.A BEAM,
VIRGINIA, that funds in the amount of $94,445 are hereby appropriated and
$7,299 transferred frorn General Furid Reserves to finance the operating costs for
nine (9) additiorial tenporary Bailiff positions.
BE IT FTJRTHM ORDAINED that est@ted Revenues Frcrn the Ccnmrrwealth in the
form of reinibursenents be increased by $94,445.
Adopted by the Council of the City of Virginia Beach, Virginia, this
day of , 1988.
This ordinance shall be in effect from the date of its adoption.
First Reading Nc>vember 21-, 1988
Second Reading:
- 25 -
Item IV-G.7
CONSENT AGENDA ITEI,', @' 30391
Upon riotion by Councilrqan Balko, seconded by Councilman Perry, City Council,
APPROVED upon FIRST RFADING, subject to SECOND READING November 28, 1988:
Ordinance to APPROPRIATE a $10,000 grant from the
Virginia Council on the Environment; and, to
TRANSFER $3,000 fron sources within the FY 1988-89
Operating Btidget.
Voting: 10-0
Council i'@,eribers Voting Aye:
Albert W. Balko, Jo@,n A. Baum, Vice @layor Robert E.
Fentress, -Ilarold Feischober, Barbara ivi. lienley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, @;ancy K.
Parker, John L. Perry and William D. Sessoi,.s, Jr.
Council Members Voting 14ay:
None
Council Mer@ibers Absent:
John D. @loss
10
AN TO A $10,000 FXM
z
mE aN 7HE AND TO
$3,000 MM THE
FY 1988-89 0 BM=
the City council of Virginia Beach, Vi@inia has expressed
com status of the errvirormient, specifically aver the erosion
problem in various areas of the City, and
, the city has applied for and received a gr-ant in the amolmt of
$10,000 frcm the Virginia council on the Eriviroment to retain a consultant to
evaluate the effectiveriess of the City's existing Erx)sion and S t Control
program, and
WHEREAS, a transfer of $3,000 will be needed fran sources within the FY
1988-89 Operatirxg Budget to provide the l@ ratch which is required by the
grant.
NOW RE BE IT O@ BY nM CITY COMCIL OF THE CITY OF
BEACH, that the $10,000 grant from the Virginia Council on the
Errvirormient be accepted and appropriated to the office of Enviro@tal
Manag@t and that the $3,000 matdi be transferred fran sources within
the FY 1988-89 Operating Budget of the Office of Errvirormiental Managemnt.
BE IT OPM=, that this appropriation be offset by a $10,000
increase in the estimted revenue as a result of the grant fran the Virginia
Council on the Eriviroment, and
BE IT @ O@, that the City Manager be authorized to enter
into a contract with a consultim firm for the purposes of ccmpleting a study of
the City's existing Erx)sion and Sedirent Control program.
=S ORDINANCE SHAIL BE IN AF= FRC)M TBE DAIE OF ITS ADDPTION.
Adcpted on of 1988.
First Rpadng November 21, 1988
Second Reading
- 26 -
Item IV-G.8
CONSENT AGENDA ITEti # 30392
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council,
APPROVED upon FIRST READING, subject to SECOND READING November 28, 1988:
Ordinance to APPROPRIATE $10,000 to the Department
of Mental Health/Mental Retardation and Substance
Abuse for early intervention planning and to fund
full time position increases for the f lental
Ilealth/Mental Retardation Educator 1.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold ileischober, Barbara Ilenley, Reba
S. McClanan, t"ayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. @-essoms, Jr.
Council @iembers Voting Nay:
None
Council il@@embers Absent:
John D. @loss
AN ORDMMCE TO APPRC)MMTE FUNDS IN IM OF $10,000
TO UM DEP OF AL RETARDATION AND SUBSTANCE ABUSE
FOR EARLY ON PLANNING
WBEREAS, the federal government, in response to Public laW 99-457 dealing
with education for handicapped children, has ted that services be provided
to very ch3.ldren with @ial devel t , arxi
WHEREAS, the federal gavernment has ivade available to the C=wrrwealth of
Virgim'a furxls to plan, develcp, and @l@t a statewide, interagency service
system to address these special devel t needs, and
WHEREAS, the V@irua Departmmt of Mental Health/ Mental Retardation and
Substance Abuse Services, has provided a portion of these funds in the amount of
$10,000 to the City of Virginia Beach for planning of such services, and
WHEREAS, such planning will be acccuplished by the addition of work hours to
a t part time City position in the Department of Mental Health/ Mental
Retardation and Substar)ce Abuse for the reipainder of FY 88-89,
NOW RE BE IT 0 BY TM COUNCIL OF THE CIIY OF @INIA BEACH,
@ that funds in the @t of $10,000 be appropriated by the City of
Virgim'a Beach for planning of an Early Intervention Interagency Project, and
that revenue fran the Federal gov@t be by $10,000.
BE IT that full tim equivalents for the position of MM
Educator I be increased by 0.2 in the Department of Mental Health/ Mental
Retardation and Substarice Abuse for FY 88-89.
ordinanoe shall be effective frcm the date of its adoption.
Adcpted by the Council of the city of Virgini'a Beach, Virginia on
the y of 1988.
FirSt Reading November 21, 1988
Second Readirig
- 27 -
Item IV-G.9
CONSENT AGENDA ITEM # 30393
Upon inotion by Councilman Balko, seconded by Councilman Perry, City Council,
APPROVED, upon FIRST READING, subject to SECOND READING:
Ordinance to APPROPRIATE $285,539; and, TRANSFER
$31,727 to the Department of Social Services from
reserve for contingencies.
Voting: 10-0
Council @iembers Voting Aye:
Albert W. 3alko, Johr. A. Baum, Vice I;Iayor Robert E.
Fen"ress, Harold lieischober, Barbara 1,1. lienley, Reba
S. YicClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council @'embers Voting Nay:
!4one
Council @'len@bers Absent:
Jolin D. Moss
AN ORDIt4ANCE M APPROPRIATE FUNDS IN nM AMM OF $285,539
TO nM DEP OF SOCIAL SMUCES AND TO NWSFER $31,727 FROM
RESERVE FIOR CIES TO UM DEP OF SOCIAL SERVICES
, the General Assembly of V@ima, respo@ to the critical needs
for ddld care sexvices for low incamp- families, apprcpriated $13 million in the
EY 88-90 biemium, and
WBEREAS, the city of Virginia Beach was allocated $375,539 of these funds
for FY 88-89, of which $90,000 was included in the Approved FY 88-89 Cperating
Budget, leavir)g a bELlarice of $285,539 available for appropriation and use, and
WHEREAS, these funds a inatch of local funds in the amount of $31,727
for the balance to be approprlated, and
WHEREAS, the use of such funds will increase the number of children provided
day care by 263, thus ing additional staff slipport for @load management,
NOW 13E IT ORDAIM BY THE COMCIL OF THE CM OF @INIA BEAai,
@INM tbat funds in the amount of $285,539 be appropriated to the Deparbnent
of Social Servioes for child day care for low families and that revenue
fran the ccmtionwealth be increased by $285,539.
BE IT 0 that funds in the amount of $31,727 be transferred
from the Reserve for Cc)ntingencies to the Department of Social Services to
pravide the rnatch for the state
BE Ir 0 that one full time t Social Worker I position
be added to the Deparbnent of Social Services to process applications, monitor
day care payments, and coniplete other day care case work.
'Ihis ordinance shall be effective frcm the date of its adoption.
Adcpted by the Council of the City of Virginia Beach, Virginia on
the y of 1988.
First @dirg 21, 1588
S Reading
- 23 -
Item 1V-G.10
CONSENT AGENDA ITEM # 30394
Upon motion by Council,-nan Balko, seconded by Councilman Perry, City Council,
ADOPTED:
Ordinance to TRANSFER $100,000 from CIP Project
#4-939 i@eighborhood Park Acquisition to CIP Project
#4-947 Park Reservation Acquisition and Develop.,nent
for the purchase of 1.648 acres of Park Site in the
Alexandria I-C Subdivision.
Voting: 10-0
Council @iembers Voting Aye:
Albert W. Balko, John A. Baum, Vice imayor Robert E.
Fentress, Harold ifeischober, Barbara M. @lenley, Reba
S. McClanan, Mayor @leyera E. Oberndorf, @4ancy K.
Parker, John L. Perry and William D. Sessoris, Jr.
Council @lei,.ibers Voting Nay:
None
Council Members Absent:
John D. lioss
0
AN TO $100,000 NM
0 CIP #4@39 PARK aff
TO CIP 14-947 CK CN
AN[) FUR ME OF 1.648 @ OF
PARK STIE IN TM I-C CN
sections 5.6A and 5.6B and subsequent sections of the Virginia
Beach Code requim develcpers to reserve a portion of the total subdivision
acreage for @tional and/or open spaoe, and
WHEREAS, the city has five years frcm the date of the final approval of
the site develcpment plan for the subdivision to purchase the designated PrOPertY
alt,h@ the city my exercise its cption earlier if it so chooses, and
, the city has contacted the developer of Alexaridria 1-C in
order to exercise its option early, and
, the city has agreed to purchase the property at a -st of
$100,000 based on a survey ar)d appraisal done by the developer, and
, there is sufficient funding in project #4-939 Neighborhood
Park Acquisition to transfer $100,000 to project #4-947 Park ation
Acquisition and Development for the purchase of this p Y.
NoW BE IT O@ BY THE CITY COUNCIL OF THE = OF
BEACH, @@ that furids in the amalmt of $100,000 are hereby
transferred frcm project #4-939 Nei@ Park Acquisition to project #4-947
Park Reservation Acquisition and Dp-vel t to be utilized in the purchase of
1.648 acres in the Al ia 1-C subdivision.
BE Ilr FURIBER 0 , that the City Mariager is hereby authorized to
enter irrto an agreement for the purchase of 1.648 acres in the Alexandria 1-C
subdivision for the purpose of recreatiorvcpen space retention-
THIS OMINANCE SBALL BE IN AFFECF FRCM TfiE DATE OF ITS ADC)PRION.
Adopted on the 21st of November , 1988.
- 29 -
Item IV-G.11
CONSENT AGENDA ITEMI # 30395
Upon motion by Council.-man Balko, seconded by Councilman Perry, City Council,
ADOPTED:
Ordinance to authorize a temporary encroachment
into City property located off Ware Neck Road and
Salem Road to Mike Bell Building Corp., Inc.
(Wally's Day Care), its assigns and successors in
title.
The following conditions shall be required:
1. The owner a-rees to reipove the encroachrient when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachm.ent.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a perinit from the Highway Inspections
Bureau.
6. Prior to issuance of a 'iighway pernit, the owner or
his agent must post a Performance Bond and show
proof of public liability k'minimun $300,000).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice f,@ayor Robert -L.
Fentress, @larold F@eischober, Barbara @l,. Henley, Reba
S. @,@'cClanan, flayor l,@eyera E. O@Derndorf, Nancy K.
Parker, John L. Perry and @lilliam D. Sessoms, Jr.
Council Iliembers Voting Nay:
@lone
Council @@lembers Absent:
John D. iloss
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO CITY PROPERTY
6 LOCATED OFF OF WARE NECK
7 ROAD AND SALEM ROAD TO
8 MIKE BELL BUILDING
9 CORP., INC., ITS ASSIGNS
10 AND SUCCESSORS IN TITLE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent
15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
16 amended, Mike Bell Building Corp., Inc., its assigns and
17 successors in title are authorized to construct and maintain a
18 temporary encroachment into City property located off of Ware
19 Neck Drive and Salem Road.
20 That the temporary encroachment herein authorized is
21 for the purpose of constructing and maintaining an entrance and
22 exit apron across City property and that said encroachment shall
23 be constructed and maintained in accordance with the City of
24 Virginia Beach Public Works Department's specifications as to
25 size, alignment and location, and further that such temporary
26 encroachment is more particularly described as follows:
27
28 An area of encroachment into a
29 portion of city property located
30 off of Ware Neck Drive and Salem
31 Road as shown on that certain plat
32 entitled: "PLAT SHOWING PROPOSED
33 ENCROACHMENT FOR WALLY'S DAY CARE
34 PRINCESS ANNE BOROUGH VA. BEACH,
35 VIRGINIA," a copy of which is on
36 file in the Department of Public
37 Works and to which reference is
38 made for a more particular
39 description.
40
41 PROVIDED, HOWEVER, that the temporary encroachment
42 herein authorized shall terminate upon notice by the City of
43 Virginia Beach to Mike Bell Building Corp., Inc., its assigns and
44 successors in title and that within thirty (30) days after such
45 notice is given, said encroachment shall be removed from City
46 property located off of Ware Neck Drive and Salem Road and that
47 Mike Bell Building Corp., Inc., its assigns and successors in
48 title shall bear all costs and expenses of such removal.
49 AND, PROVIDED FURTHER, that it is expressly understood
50 and agreed that Mike Bell Building Corp., Inc., its assigns and
51 successors in title shall indemnify and hold harmless the City of
52 Virginia Beach, its agents and employees from and against all
53 claims, damages, losses and expenses including reasonable
54 attorney's fees in case it shall be necessary to file or defend
55 an action arising out of the location or existence of such
56 encroachment.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Mike Bell Building Corp., Inc.,
59 executes an agreement with the City of Virginia Beach
60 encompassing the afore-mentioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 21st day of November 19 88
63
64
65 JAS/ih
66 8/4/88
67 CA-88-2876
68 (encroach\Bell.ord) (TOVID AS -iO CONTI-i,4'1'S
@TTO?NEY
2
03
Tq
LA
THIS AGREEMENT, made this @1--l day of
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and MIKE BELL
BUILDING CORP., INC., ITS ASSIGNS AND SUCCESSORS IN TITLE,
party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an entrance and exit
apron across City property located off of Ware Neck Road and
Salem Drive in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
entrance and exit apron across City property, it is necessary
that the said party of the second part encroach into a portion
of existing City property located off of Ware Neck Road and
Salem Drive; and said party of the second part has requested
.that the party of the first part grant a temporary encroachment
to facilitate such entrance and exit apron across City property
within a portion City property located off of Ware Neck Road
and Salem Drive.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
GPIN #1474-89-7535
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of
the first part doth grant to the party of the second part a
temporary encroachment to use a portion of city property
located off of Ware Neck Road and Salem Drive for
the purpose of constructing and maintaining such entrance and
exit apron across City property.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
City property located off of Ware Neck Road
and Salem Drive as shown on that certain
plat entitled: "PLAT SHOWING PROPOSED
ENCROACHMENT FOR WALLY'S DAY CARE PRINCESS
ANNE BOROUGH VA. BEACH, VIRGINIA," a copy
of which is attached hereto and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from
City property by the party of the second part; and that the
2
party of the second part shall bear all costs and expenses of
such removal.
It is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the second part must submit and have approved a
traffic control plan before commencing work in the City
property located off of Ware Neck Road and Salem Drive.
It is further expressly understood and agreed that
the party of the second part agrees that no open cut of the
public roadway shall be allowed except under extreme
circumstances. Such exceptions shall be submitted to the
Highway Division, Department of Public Works, for final
approval.
3
It is further expressly understood and agreed that
the party of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
within City property.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the party of the second part compensation for the use of such
portion of City property encroached upon the equivalent of what
would be the real property tax upon the land so occupied if it
were owned by the party of the second part; and if such removal
shall not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided
4
by law for the collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
MIKE BELL BUILDING
CORP., INC.
By
(SEAL)
(Title)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that AUBREY V. WATTS, JR., City Manager for the CITY
5
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of , 19
-, has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this _ day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to- wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 19 -1 has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19
Notary Public
My commission Expires:
My Commission Expires:
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
,e,
7-
certify that Z?c,ll t - I (Title)
on behalf of MIKE BELL BUILDING CORP., INC., whose name is
signed to the foregoing writing, bearing date the // r-@ day of
15@, 11-Ile" 1 19 0 @ I has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
19@
Notary Pizlic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, /c a Notary
Public in and for the City and State aforesaid, do hereby
certify that (Title)
on behalf of MIKE BELL BUILDING CORP., INC., whose name is
signed to the foregoing writing, bearing date the day of
19 has acknowledged the same
before me in my City and State aforesaid.
7
Given under my hand this 7j day of
19
Notary Public
My Commission EXpires:
JAS/ih
Date: 8/4/88
Revised: 9/16/88
CA-2876
(encroach\Bell.agr) ROVID AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
SU,-FiC,ENCY AND FCRM
QCITYATTORNEY
8
@IT t
-ph
PROJECT
SITE-
Z OCA TION
M,4P
- 30 -
Item IV--u.12
CONSENT AGENDA ITEil # 30396
Upon ,notion by Councilman Ballco, seconded by Councilman Perry, City Council,
APPROVED:
Low Bid to Shoreline Contractorg in the ariount of
$156,850 for Landfill II Leachate Pipeline (CIP 3-
933).
Voting: 10-0
Council qembers Voting Aye:
Albert W. Balko, John A. Bau@,n, Vice l@iayor Robert E.
Fentress, liarold Eleischober, Barbara M. Henley, Reba
S. @IcClanan, tiayor lleyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sesso,.ns, Jr.
Counci-I Members Voting Nay:
None
louncil l,ien,.bers Absent:
John D. @ioss
Iten IV-G.13
CONSENT AGENDA ITEI-' 30397
Upon motion by Councilman Balko, seconded by Councilman Perry, City Cou.'Icil,
APPROVED:
Cost Participation Agreements
Scarborough Square Water $ 6,300.00
Pine @ieadows Phase One Sewer $ 9,000.00
Strawbridge Water $ 3,200.00
Sewer $63,578.76
Voting: 10-0
Council @iembers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Flarold lieischober, Barbara ivi. Henley, Reba
S. @icClaian, i@iayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council l@'embers Absent:
John D. Moss
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS
WHEREAS, The Brown Farm Associates is desirous of
developing land located in the Princess Anne Borough in
accordance with the terms and conditions of the city ordinances,
and
WHEREAS, the city desires to enter into cost
participation agreements requesting the developer to engage in
construction greater in scope than is necessary for the project
in order to provide water and sewer services to customers outside
the project limits, and
WHEREAS, the city's share of costs is estimated at
$3,200 for water improvements, and $63,579 for sewer improvements
with such costs to be charged to project #5-306 Water Request and
Agreement Projects and #6-316 Various Sewer Projects,
respectively, and
WHEREAS, such construction at this time will provide
for future needs and prevent the city from having to incur
additional operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to execute cost participation agreements with The
Brown Farm Associates for construction of water and sewer
facilities. Said proposed agreements are hereby attached and
approved.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 21st day of November 1988.
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Baymark Construction Corp. is developing
certain property in the Princess Anne Borough in accordance with
the terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the developer
oversize the sewer 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
$9,000 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Baymark Construction Corp. for construction of
certain sewer 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 2,lst day of November 1988.
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Chapel Hill Builders is developing certain
property 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 to
construct certain water facilities, and
WHEREAS, the city_ has requested that the deve@oper
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
$6,300 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
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Chapel Hill Builders 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 - 21st day of November 1988.
- 32 -
Item IV-G.14
CONSENT AGENDA ITE@,@ # 30398
Upon motion by Councili-iian Palko seconded by Councilrian Ilerry, City Council
ADOPTED:
Ordinance Authorizing License Refunds in the ariount
of $1,841.26 upon application of certaiv. persons
and upon certification of the Comnissioner of
Pevenue for payment.
Voting: 10-0
Council Meribers Voting Aye:
Albert W. Balko, "ohn A. Baum, Vice Fayor Robert E.
Fer.tress, Parold lieischober, Barbara ileiiley, Reba
S. McClanan, ilayor Meyera E. Oberndorf, Nancy K.
Parlcer, John L. Perry and D. Sessoiis, Jr.
Council @lefibers Voting Nay:
None
Council liembers Absent:
John D. iloss,
FORM NO. C.& e 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 hi)reby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Dart Realty Corporation
700 Suffolk Circle
Virqinia Beach, VA 23452 1987/88 Audit 210.63 210.63
Evans, Robert T., Jr.
116 Houston Avenue
Norfolk, VA 23502 1986/87 Audit 44.68 44.68
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
cral-e Bims'on-
This ordinance shall be effective from date of Lilty Attorney
adoption.
The above abatement(s) totaling $2 55 3 1were approved by the Council
of the City of Virginia Beach on the 21st day of November. '1988
Ruth Hodges Smith
City Clerk
FOfIM NO. C.A. 8 MV. a"
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
Rivenbark, Patricia M.
T/A Heart in Hand
1999 East Road
Virginia Beach, VA 23454.1986/87 $ 60.00 s 60.00
Simple Fare, Ltd.
T/A Reflections Restaurant
5012 Westgrove Road
Virginia Beach, VA 23455 1987 61.23 61.23
Wilson, Pamela
T/A Baby Love
3051 Bosco Court
Virginia Beach, VA 23456 1986/87 55.13 55.13
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
[kEge Birrison
This ordinance shall be effective from date of Iiity Attorney
adoption.
The above abatement(s) totaling $ 1 7 6 - 3 6 were approved by the Council
21st November 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO@ C.& 6 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
L D C, Inc.
T/A Photon
2686 Lishelle Place
Virginia Beach, VA 23452 1986/87 Audit $767.15 $767.15
Phillips Tire & wheel, Inc.
3535 N. Military Highway
Norfolk, VA 23518 1986/88 Audit 148.32 148.32
Pulley, Ragan B., Jr. & Herd, Robert
T/A P & H Associates
c/o 311 - 49th Street
Virqinia Beach, VA 23451 1984 Audit 30.40 3 0. 4 0
Certified as to Payment:
4robert P. Vaughan <J
Commissioner of the Revenue
App@oved as to fo
Efa're Bi-m-s-on'
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $945.87 were approved by the Council
21st November 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
FOFIM NO. CA 6 REV. 3186
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:
Ur,ense Date Base Penalty Int. Total
NAME Year Paid
J. R. Cochran, Inc.
T/A Colley Avenue office Supply
3911 Colley Avenue
Norfolk, VA 23508 1987/88 Audit $319.44 $319.44
Expert Air, Inc.
1090 Sea Holly Court
Virginia Beach, VA 23454 1988 08/24/88 78.28 78.28
Griffin, Steven S.
2216 Potters Road
Virginia Beach, VA 23454 1986/87 Audit 66.00 66.00
Certified as to Payment:
@Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
D@l@ Bimso"n
@c,ty Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $463.72 were approved by the Council
of the City of Virginia Beach on the 2-Ist day of NoVeMber 19 88
Ruth Hodges Smith
City Clerk
Item IV-I.l.
NEW BUSINESS ITEI 30399
ADD-ON
Upon motion by Councilwo,,nan 1-lenley, seconded by Councilrpan Baum, Cilly Council
ADOPTED, AS PEVISED:
A Resolution requesting the Sandbridge Oceanfront
Property Owners to Execute Dedication/Easement
Agreements by February 28, 1989.
Voting: 10-0
Council illembers Vot4-ng Aye:
Albert W. Ball,,o, John A. Baum, Vice i"iayor Robert E.
Fentress, I-larold ileischober, Barbara M. lienley, Reba
S. McClanan, l@layor tleyera E. Oberndorf, Nancy K.
Parker, John L. Perry and WilliaFi D. Sessoms, Jr.
Council Members Voting Play:
None
Council @lembers Absent:
John D. Moss
A RESOLUTION REQUESTING
THE SANDBRIDGE OCEANFRONT PROPERTY OWNERS TO
EXECUTE DEDICATION/EASEMENT AGREEMF.NTS BY FEBRUARY 28, 1989.
WHEREAS, the City has requested the Corps of Engineers to
examine the feasibility of federal participation in the beach
Nourishment and Hurricane Protection Project at Sandbridge in the
City of Virginia Beach; and
WHEREAS, the Corps' initial examination produced a benefit-
cost ratio that would not justify federal participation; and
WHEREAS, at the request of the Sandbridge oceanfront
property owners the City has provided additional information and
negotiated with the corps; and
WHEREAS, the Corps is in the process of re-evaluating the
feasibility of the sandbridge Beach Nourishment and Hurricane
Protection Project; and
WHEREAS, as a condition of federal participation, the
federal government requires that the nourished area become a
public recreational area in perpetuity as referenced in the
Dedication/Easement Agreement attached hereto and incorporated by
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH THAT all Sandbridge oceanfront property owners are
requested to execute the Dedication/Easement Agreement approved
by the Corps of Engineers, which would grant, convey, release,
demise and quitclaim to the City of Virginia Beach a perpetual
easement for the benefit of the general public, people of the
City and the Commonwealth of Virginia for the purpose of access
and passage to the waters and shores of Sandbridge Beach for
unlimited recreational use. Such perpetual easement shall not
vest in the City of Virginia Beach until such time as the initial
construction of a Hurricane Protection Project or Beach
Nourishment Project on said property begins as determined by the
District Engineer of the U.S. Army Engineer District, Norfolk.
BE IT FURTHER RESOLVED THAT these dedication/easement agree-
ments by all Sandbridge oceanfront property owners be executed
and presented to the City no later than February 28, 1989, so
that the Corps of Engineers can finish their review of the
feasibility of this project.
Resolved by the Council of the City of Virginia Beach on the 21st
day of November, 1988.
- 34 -
Item IV-I.2.
NEW BUSINESS ITEM # 30400
ADD-ON
Tn connection with the SOUTHEASTERN EXPRESSWAY, Councilman Baum referenced the
reactions of the farmland property owners to any agency advising said property
owners could not clear their property. Councilman Baum wished inforlqation
relative the basis of this legality by the agency.
Councilman Baum requested information relative a right of entry and safeguards
available to the property owners. Councilman Baum would like said information
circulated within the agricultural community.
A local, state or federal agency can ruin the property owner financially and
the property owner has no recourse.
The City Attorney will research.
- 35 -
Item IV-T.3.
NEW BUSINESS ITE,@' # 30401
Gi-les Dodd, Assistan-@ -,ity @lanager for Adninistration, distributed the Interim
Financial Satements for the Period July 1, 1988 through September 30, 1988.
(Said inforr..iation is hereby inade a part of the record.)
'6
- i -
Item IV--@.3.
NEW BUSINESS ITE,@L t 30402
ADD-ON
BY CONSENSUS, City Council ACCEPTED as part of the record the Abstract of Votes
in the General Election held November 8, 1988.
ABSTRACT OF V(ffES cast in the County/City of virginia Beach
Virginia for Electors for President and Vice President of the United States, at the general election held Ncyvember 8, 1988.
THE TABULATION FOR EACH ELECT'OR ENTERED IN THIS ELECTION IS AS FOLLOWS:
DemocraticParty fbr Electors for NUchael S. Du@, President and Lloyd Rentsen, Vice President
C. Flippo Hicks Fmnk 0. Bateman, Jr. Henry Lee Carter 'Momas D. "Tod" O'Cortnor
C. Roger Malbon Patrick W. Ephriam Samuel S. Willis Anne A. Wilkins
Rosalie H. Clark Gloria K. Wilson Miller Deirdte Sigmond Goldsnijth Earnestine H. Clark
TotW Vous Received 33,780
(in figures)
Republican Party fot Electors for George Bush, President and Dan Quayle, Vice President
Enid H. Nein Garland L. Higley John T. Eanes Vincent F. Callahan, Jr.
Melvin M. Spence W. Edgar Trent Craig C. Markva Helen Marie Taylor
Geoffrey H. "Jeff' Applegate John G. Selph Roy R. Smith Carl D. Bieber
lbtW Votes Rmelved 76.481
(in figures)
Independent for Electors fbr tenora B. FluhW, President and Joyce Dettner, Nrice President
Bruce A. McConachie Glenn Kirby Moseley Melissa Ann Peterson David Barrington Holt
Fmnk Record Jennings Robert Donald Biggs Susan A. Schott Renee D. Harrison
Gertrude CatT Gayle C. Stoner John R. Borman Susan T. Bray
Total Votes Receiv
(in figures)
Libeftarian Party for Electors fbr Ron Paul, @esident and Andre Niarrou, Vice President
Stewart L. Engel Harry E. Winkler Waffen C. Moore David W. Saum
David Alan Home Michael L. Tab-ony Richard E. Gardiner Lorin Marc Montoni
Roger C. Menner Alan R. Hock Lyrin S. Howard Charles Scott Bailey
lbtal Votes Rectiv 60
(in figures)
We, the undersigned Electoral Board, upon exaniination of the official records d@sited with the Clerk of the Cir-
cuit Court of the election on Ncvvemt)er 8, 1988, do hereby certify that the ab(yve is a true and correct Abstract of Votes
cast at said election for Electors for President and Vice President.
Given under our hand this @t-h day of November, 1988.
ai..
A copy teste:
Vice Chairffian
Secretary
Secretary
ABSTRACT OF VOTES cast in the CountylCity of Virginia Beach
, Virginia,
at the special election held on Novenber 8 19 88 , on the following question or proposition:
WATER AM SEWER
ON: Shall the City of Virginia Beach
finance the Lake Gaston water supply and transrriission
system by the issuance of its general obligation bonds
in an @t not to exceed $200,000,000, together with
other available funds, secured by a pledge of the City's
full faith and credit and th6 revenues of its water and
sewer system, which bonds shall be issued pur@t to
Article VII, Section 10(a)(2) of the Constitution of
Virginia?
Total Votes
Rmei"d
(in Figum)
FOR (Y-) 80,289
AGAINST (No) 27,121
We, the undersigned'Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election on 8 , 19 88 , do hereby certify ihat the above is a true aiid correct
Absimct of Votes cast at said election for and against the question or proposition set forth above.
Given under our hands this tent-h da vo 19 88
A copy leste., c Chair"ian
Vice Chairman
Z":
Secretary
Secretary, Electoral Board
ABSTRAbT OF VOTES cast in the County/City of Virginia Beach Virginia,
at the Special Election held on NQvember 8, 1988 for
PARI-MUTUEL BErnNG
QUESTION: Shall the 1988 Act of the General
Assembly which authorizes par i- mutuel betting on horse
racing and also provides for its regulation become
effective in the Commonwealtli?
YES 70,142
No 39,432
We, the undersigned Electoral Board, upon examination of the official records deposi-
ted in the office of the Clerk of the Circuit Cotirt of the election held on November 8, 1988,
do hereby certify that the above is a true and correct Abstract of Votes cast at said election
for and against pari- mut,uel betting on horse racing in the Commonwealth of Virginia.
Given under our hands this 10th day of November, 1988.
Chairman
Vice Chairman
Secretary
A copy teste:
Secretary, Electoral Board
ABSTRACT OF VOTES cast in the CountylCity of Virqinia Beach Virgittia,
al the General Election held the first Tuesday after the first Monday in Novet? iber, 19@8 for
MEMBER
UNITED STATES SENATE
Tot@l V.tes
R,"i@@d
Na.es of C.ndid.t@s (in Figu,")
Charles S. Robb 76,686
Maurice A. Dawkins 31 qg4
Elena D. Anderson
@vid Ra@-
Robert L. Beneivenga
I'@l J.
Bill the cat
Wnrt-h 11- @nt-r
'ck W@
Robert 3
We, the undersigned Electoral Board, upon exatnination of the official records deposited in the office of ille Clel*
of the Circuit Court of the election held on Noveniber 8 19 88 , do hereby certify tllat the above
is a true and correct Abstract of Votes cast at said Election for a Met?iber of the Setiate in the Congress of the
United States.
Given under our hands this tenth day of Novei?iber, 19 88
4 Chairt?ian
Vice Chairt?ion
A copy reste:
Secretary
Secretary, Electoral Board
Kemeth E. Brown, Sr. 1 Phelps I
Bill @h I Neil Prince 1
t4yra Burndoff I Ryantu I
Casper I David Saum I
Paul CcFnpton I Pamla Say I
Beth Costeai I Jack Shit 1
Jerry Curry I Richard T. Short I
Rcbert Dale I M. J. Slentz 1
@ll Da I Sylvester Smith I
Do@y Enges- I Snoopy I
Kernel Rcbert Engesser I @retta Tate I
Chaim Feertz I Vincent I
Guy F-riddell I Paul Trible 11
j@h A. I Jams Turney I
James N. Hinshaw 1 John A. Vaughn I
Daniel Hof@ I Andy WahIqLiist I
Lynwood Holter I G. William Mitehurst 7
Elairie Hruska I Charles ilindle I
Kemeth iol---- I John D. d I
Jack I
Jim Kincaid 5
Rush Limbaugh I
Rebeaca @ 1
Donald J. I I
William Mae I
Wiley Mitchell I
Olen J. Nichols, Sr- I
Oliver North 3
Meyera Oberndorf I
Stanley Paris I
ABSTRACTOF VOTES cast in the CountylCity of Vi-rgi-nia Beach Virginia,
al the General Election held the first Tuesday after the first Moiiday in Novei?iber, 19 88 jigr
MEMBER
HOUSE OF REPRESENTATIVES
Se-d I)ISTRICT
T.t.1 V.t@s
R@@i-d
N ... 3 of Ca.did.tes (in Fig.,.S)
Owen B. Pickett 60,522
J@ R- Cu-y 44,773
S@hen P. Shao 2,720
R@-rt A- Smith 1,028
Rill gradley I
mi-] 1- P4.11@ I
Charles 0. Byers
- . - ramy
Harold De Korp, ODL., USAF REr-
Dc)@y Eng-- 2
We, the undersigned Electoral Board, upon exatiiination of the official records deposited ii,ith the Clerk of the
Circuit Court of the election held on November 8 19 88 do hereby certify that the above is a true
and correct Abstract of Votes cast al said election for Mei?iber of the House of Representatives in the Congress of
the United States.
@th 88
Given under our hands this dav of Novet?tber, 19-.
Chairman
Vice Chairinan
copylesfe.-
Secretary
Secretary, Electoral Board
Ma-r,v Ann Garcia 1
Ken Hicks I
David A. Horne 2
Jim Kincaid I
Mackenzie I
Mickey I
John 0. Parmle, Jr. I
Steven L. Pascc) I
Bill Pollock I
Paul D. Sampson 1
Vance Silva 1
H. C. Slentz I
Paul E. Terrell, III I
Mc)rris Udall I
G. William Mdtehurst I
- 37 -
Item IV-J.1.
RECESS INTO
EXECUTIVE SESSION ITE@L # 30403
In accordance with Section 2.1-344, Code of Virginia as arriended, and upon
r-@iotion by Councilviari Bauri, seconded by Councilnan Perry, Citv Council RECESSED
into EXECUTIVE SESSION for discussion of Personnel Matters (4:00 after
which to adjourn followed by a continuation of the Capital Improvement Program
Fiscal Year 1988-89/1992-93 Workshop.
1. PERSONNEL MATTERS: Discussion or consideration of eriployrent, assign,,,gent,
appointment, promotion, performance, der,@iotion, salaries, disciplining or
resignation of public officers, appoi-ntees or e,,nployees.
Voting: 10-0
Council i"embers Voting Aye:
Albert W. Balko, John A. Baum, Vice iviayor @obert E.
Fentress, Harold iieischober, Barbara 111. 'lenley, Reba
S. @IcClanan, t@,ayor Meyera E. Oberndorf, inancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting tlay:
None
Council Menibers Absent:
John D. !toss
Iteni IV-J.2.
ADJOURliMENT ITDI 30404
Upon motion by Councilrgan Batim and BY A-,CLAMATION, City Council ADJOURNED the
14eeting at 4:50 P.tl.
F,e, l 0
Chief Deputy City Clerk
th lida..i Mey6ra Oberndorf
City Clcrk Mayor
City of Vir-.inia Beach
Virginia