SEPTEMBER 19, 1988
@f E3@ka@"
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
E Al
IIC@ AY.R E FEW.@, V.,,,@i. -.,l
JOHN
N@CY K. PA@ER,
JOHN L @ny,
281 C@ HAU BUILDING
MUNICIPAL CENTER
AUB@Y JR, Ci, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
j @AU BIMSO'. @,,, 11- (804) 427-4303
@LIIH C,-CI-E, Cil
September 19, 1988
ITE14 I. CITY MANAGER'S BRIEFING - Conference RooM - 11,30 AM
A. VIRGINIA BEACH RECREATION CENTER - BAYSIDE
ITEDI II. COUNCIL CONFERENCE SESSION - Conference Room - 12 NOON
A. CITY COUNCIL CONCERNS
ITEM III. INFCRMAL SESSION - Conference Room 12:30 PM
A. CALL TO ORDER - Mayor Myera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXE)CUTIVE SESSION
ITEM IV. FORMAL SESSION - council Chamber 2:00 PM
A. INVOCATION; Reverend Andrew J. MacBeth
Eastern Shore chapel
B. PLEDGE OF ALLEGIANCE TO TIIE FIAG OF THE UNITED STATES OF AMERICA
E-C-ONIC ROLL CALL OF CITY COUNCIL
C. MINUTE9
1. INFORMAL & FORMAL SESSIONS - September 6, 1988
1
D. CEREMONIAL PRESENTATIONS
1. OPERATION SUNBEMST
ffha tionorable Robert G. ione$
2. PRINCESS ANNE ROTARY CLUB
Presentation to the Office of the @yor of a PRINT of the
Virginia Beach Lifesaving Station
3. RE;SOLUTION IN RE)COGNITION
MICHAEL R. RUCKER Community (brrections Resource Board
E. PROCLAMATIONS
1. EMERGENCY MEDICAL SERVICES WEEK
September 18- 24, 1988
2. VOTER REGISTRATION WEEK
September 24 - October 1, 1988
F. CONSENT AGENDA
All matters listed under tli@ Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Oonsent
Agenda, it will be discussed and voted upon separately.
1. RFSOLUTIONS IN RBCOGNITION
a. OPERATION SUNBURST
b. MICE%EL R. R@KER
2. Resolution requesting Virginia Department of Transportation to
establish an urban highway project for Salem Road (2-930).
3. @solutions authorizing completion of Ferrell Parkway
a. Phase 1B (CIP 2-936)
b. Phase IC (CIP 2-063)
4. Ordinance upon SECOND READING to ACCEPT the $212,690 Chesapeake Bay
Initiative Grant frcin the Virginia State Water Control Board and to
APPROPRIATE the funds to Project 6-937 Aragona Rehabilitation.
5. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $18,677 from
the United Way of South Hampton Roads for one position in
Department of Social Services to recruit and train infant day care
providers.
6. Ordinance to TRANSFER appropriated $24,760,387 between projects to
close out completed Capital Projects for FY 1987-88.
7. ordinance to authorize a temporary encroacbment into a portion of
city property known as property dedicated to the City of Virginia
Beach adjacent to 2401 & 2405 Twin Iake Road and 2372 Great Neck
Road, for drainage, to James T. Allen, his heirs, assigns and
successors in title.
8. ordinance to reimburse a City Bnployee for legal fees incurred in
the discbarge of his official duties.
9. BINGO/RAFFLE PERMITS
LADIES AUXILIARY/KNIGliTS OF COLUMBUS #4632 Bingo
CREEDS RE)CREATION COf4MITTEE Raffle
COURT STELLA MARIS #1881 Raffle
KELLAM BAND PARENTS ASSOCIATION, INC. Raffle
LAMBDA GAMMA CMEGA CHAPTER OF ALPHA KAPPA
ALPHA SORORITY, INC. Raffle
10. ordinance authorizing tax refunds in the amount of $2,322.97.
11. Ordinance authorizing license refunds in the amount of $10,047.63.
G. APPOINTMENT
1. CCMMUNITY CORRE)CTIONS RESOURCES BQARD - Confirmation
H. UNFINISHED BUSINESS
I. NEW BUSINESS
J. ADJOURNMENT
CrrY COUNCIL SESSION
RESCHEDULED
OCTOBER 31, 1988 2:00 PM
RESCHEDULE OF OCTOBER 3
"V]-RGINIA MUNICIPAL LEAGUE"
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
September 19, 1988
The CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, September 19, 1988, at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
Councilman John L. Perry (ENTERED: 12:08 P.M.)
- 2 -
C I T Y M A N A G E R 'S B R i E F I N G
VIRGINIA BEACH RECREATION AREA - BAYSIDE
11:30 A.M.
ITEM # 30020
Donald Trueblood, City Engineer, advised in November of 1987, a BOND REFERENDUM
passed authorizing the City of Virginia Beach to construct recreation
facilities. KRUMMEL JACKSON & ASSOCIATES were engaged to site adapt the plans
for the recreation center to a location in Bayville Farms Park. Charles Krummel
and Doug DuCharme, the Project Manager, were in attendance
The SITE ANALYSIS booklet was distributed to City Council and is hereby made a
part of the record.
Doug DuCharme advised the existing BAYVILLE PARK FACILITIES are:
Arboretum
Softball Fields (Lighted)
Tennis Courts (Lighted)
Basketball Courts (Lighted)
Skateboard Ramps
Picnic Areas/Shelters
Playground
Public Restrooms
Disc Golf Course
Therapeutic Recreation
(1) Basketball Court
(2) Shuffle Board
(3) Playground
Public Parking
Horse Shoe Area
The TASK of the Consultants was to keep these aforementioned facilities in mind
and try to maintain their use when locating the VIRGINIA BEACH RECREATION
CENTER/BAYSIDE. Around the perimeter of the property, with the P-1 Zoning,
there is a 50-foot setback. There are easements running throughout the
property and it is inadvisable to construct a building or above ground
structure in that easement, as Virginia Power has a right to utilize these
easements. There is a drainage swale which runs through the Park and a severe
grade change of about eight feet in this location.
Doug DuCharme reiterated the following options for location of the Recreation
Center:
OPTION A - requires relocation of Horse Shoe Area. No
extraordinary sitework anticipated. Roadway improvements
limited to immediate vicinity of recreation center.
Water and sewer service are readily available very near
the site.
ESTIMATED CONSTRUCTION COST: $ 8,700,000
OPTION B - requires relocation (demolition and
construction) of lighted Softball Fields and Tennis
Courts to land west of Greenwell Road and construction
of parking lot and public restrooms. This option
requires the removal of the greatest number of trees.
Roadway improvements limited to immediate vicinity of
recreation center. Additional length of entrance drive
is necessary due to the location on property. Lengthy
water service required. Pump Station and force main
required for sanitary sewer service. Storm drainage in
close proximity to outfall from outdoor activities.
ESTIMATED CONSTRUCTION COST: $ 9,300,000
- 3 -
C I T Y M A N A G E R 'S B R I E F I N G
VIRGINIA BEACH RECREATION AREA - BAYSIDE
11:30 A.M.
ITEM # 30020 (Continued)
OPTION C - requires relocation of Public Restrooms,
Picnic Areas/Shelters, Playgrounds, Disc Golf Course,
and Therapeutic Recreation facilities. Roadway
improvements limited to areas near entrances. Culverts
necessary at present drainage swale running through the
site. Additional road improvements will be necessary
adjacent to the relocated facilities. Lengthy water
service required. Pump station and force main required
for sanitary sewer. Storm drainage in close proximity to
outfall.
ESTIMATED CONSTRUCTION COST: $ 8,950,000
OPTION D - requires relocation of Disc Golf Course and
provision of public restrooms and parking at area west
of Greenwell Road. Severe grade change requires
extensive grading and placement of structural fill
material. Roadway improvements are necessary for
improved traffic safety. The present curve in the road
will be re-aligned with a larger radius to comply with
current standards and the road will be widened to four
lanes in the vicinity of the recreation center. Moderate
length of water service required. Pump station and force
main required for sanitary sewer. Storm drainage
requires lengthy runs to outfall.
ESTIMATED CONSTRUCTION COST: $ 9,175,000
OPTION E - No relocation of existing facilities
required. No extraordinary subsurface sitework
anticipated. Roadway improvements limited to immediate
vicinity of recreational center. Moderate length of
water service required. Pump station and force main
required for sanitary sewer. Storm drainage more
difficult due to increased distance to outfall and site
topography.
ESTIMATED CONSTRUCTION COST: $ 8,850,000
Based on the analysis, the Consultants recommended OPTION A be selected for
further development:
a. There is a 150 foot buffer to the adjacent
residential area.
b. Excellent utility service is available in
Greenwell Road.
c. Very good storm drainage capability exits.
d. This option minimizes disruption of existing
Park facilities thereby continuing services
presently enjoyed by the public.
e. The prior investment in the Park facilities is
retained at the least overall construction cost.
f. Localizes construction activity to one area of
the Park.
Councilwoman McClanan indicated there were a number of citizens representing
the Bayville Park Civic League in attendance who were in OPPOSITION to the
location.
- 4 -
MAT T E R S BY T HE MAYOR
11:50 A.M.
ITEM # 30021
Mayor Oberndorf referenced a letter of September 2, 1988, addressed to the
former Mayor Robert G. Jones advising of a program entitled: PEOPLE TO PEOPLE
FRIENDSHIP '89. His Excellency Yuriy V. Dubinin, Soviet Ambassador to the
United States, will be hosting a reception at the Soviet Embassy in Washington,
D.C. on the evening of Friday, November Eighteenth.
Jack Vines, Program Coordinator, requested information as to whether the City
Council of Virginia Beach would be interested in attending and whether the
City would be interested in hosting a group of these Soviet Mayors.
Mayor Oberndorf requested City Council advise relative their opinions.
Councilman Heischober suggested this invitation be forwarded to the Executive
Director of Virginia Municipal League for their coordination.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30022
Councilman Moss referenced a Resolution requesting the Board of Zoning Appeals
to Defer Consideration of Variance applications pertaining to major
recreational equipment for a period of ninety (90) days. This was ADOPTED by
City Council on May 23, 1988. Councilman Moss advised action is being required
as this time period is about to expire.
ITEM # 30023
Councilman Moss referenced Resolutions authorizing completion of Ferrell
Parkway Phase 1B (CIP 2-936) and Phase 1C (CIP 2-063) (See Item IV-F.3 of the
CONSENT AGENDA.)
Councilman Moss requested this item be DEFERRED to advise the Community of the
final STAFF RECOMMENDATION before a formal vote by City Council.
ITEM # 30024
Vice Mayor advised of his attendance at a Conference entitled: The Automated
Vending Machines Association. This conference advised of their recycling of
litter. Vice Mayor Fentress suggested placing the blue trash cans on the beach.
A statement that says "CAN IT" is printed on the blue can.
ITEM # 30025
Vice Mayor Fentress referenced additions to the AGENDA under NEW BUSINESS: A
Resolution requesting the Virginia Municipal League to hold its Annual
Conference in Virginia Beach in 1995; AND, a Resolution supporting Mayor
Oberndorf's nomination as Fourth Vice President of Virginia Municipal League.
ITEM # 30026
Councilman Sessoms advised of citizens concerns relative leaf burning. The City
Manager will furnish a report to the City Council with the City Council Agenda
of September 26, 1988.
ITEM # 30027
Councilman Moss requested additional WORKSHOPS and discussions concerning the
CAPITAL IMPROVEMENT PROGRAM.
ITEM # 30028
Councilman Fentress and Councilwoman Henley referenced their trip to Montreal
on September 30 to October 5, 1988. As per the Travel Regulations, City Council
is suppose to authorize the trip. The Travel Regulations should be reviewed.
Councilwoman Henley advised this is a Tidewater Transportation District
Commission Conference. BY CONSENSUS, Councilwoman Henley and Vice Mayor
Fentress were authorized to join other representatives of TTDC for the
Conference in Montreal, Canada. They will then be absent from the Annual VML
Conference to be held in Virginia Beach at the same time.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 30029
Councilwoman McClanan advised she will add-on under NEW BUSINESS, concerns of
the Bayville Park Civic League relative the location of the VIRGINIA BEACH
RECREATION CENTER/BAYSIDE in Bayville Park.
ITEM # 30030
Councilwoman Parker referenced correspondence from Patricia Phillips, Director
of Research. Mayor Oberndorf advised Patricia Phillips is working with Economic
Development and other members of City Staff to determine the industries the
City is desirous of attracting. Patricia Phillips will contact each Member of
City Council relative their direction. An oversite committee will be appointed
with the expertise to be alert to industries compatible with existing
neighborhoods, et cetera.
- 7 -
ITEM # 30031
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, September 1.9, 1988, at 12:08 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 8 -
ITEM # 30032
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATIERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
September 19, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
September 19, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, flarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Andrew J. MacBeth
Eastern Shore Chapel
PLEDGE OF ALJEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item IV-E.I.
MINUTES ITEM # 30033
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
September 6, 1988, AS CORRECTED.
ITEM # 29997, page 12.
APPROVAL OF THE MINUTES OF AUGUST 29, 1988.
Councilwoman McClanan ABSTAINED as she was not in
attendance a the City Council Meeting of August 29,
1988. (This item has been corrected in the
ORIGINALS)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
*Councilman Heischober ABSTAINED as he was not in attendance at the City
Council Meeting of September 6, 1988.
Item IV-D.I.
CEREMONIAL PRESENTATION ITEM # 30034
Nancy A. Creech, Chairman of the VIRGINIA BEACH NEPTUNE FESTIVAL, advised last
year the Festival produced over $9-1/2 MILLION of economic benefit to the City.
Chairman Creech introduced The Honorable George William Vakos, King Neptune XV.
King Neptune expressed appreciation to the City and their employees for their
endeavors in making this Festival such as success.
King Neptune presented to each of the Members of City Council a medallion that
was specially struck for this year's Festival.
- 12 -
Item IV-D.2.
CEREMONIAL PRESENTATION ITEM # 30035
Mayor Meyera E. Oberndorf PRESENTED a RESOLUTION ENDORSING and SUPPORTING:
OPERATION SUNBURST
Mayor Oberndorf introduced the Honorable Robert G. Jones who further
introduced:
Pat Bridges, Chairman of the City's Appearance Task Force
Kevin O'Brien, Linden Advertising
David Zobel, Virginia Beach Jaycees
Jeanette Willenbrink, Virginia Beach Council of Garden of Clubs
Lee Banks, Council of Civic Organization.
Pat Bridges advised one of the Goals of the City's Appearance Task Force is to
encourage and co-ordinate increased use of color with a City Flower Program. A
program has been initiated, the Challenge of having each person in Virginia
Beach plant at least ten (10) daffodil bulbs, a rather simple concept but
multiplied by the population, this is approximately 4-MILLION bulbs.
Kevin O'Brien has evolved promotion and advertising material. A bumper sticker
and a letter describing the project were distributed to City Council. Ed
Barnes, Director of Landscape Services, advised the City will be planting
10,000 bulbs and accepting contributions of bulbs from individuals who do not
have a yard to plant daffodils.
The goal for the first year is to get 1/2-MILLION bulbs in the ground before
the winter months.
- 13 -
Item IV-D.3.
CEREMONIAL PRESENTATIONS ITEM # 30036
Don Bersing, President of the Princess Anne Rotary Club PRESENTED to the Office
of the Mayor:
Original PRINT of the Virginia Beach Lifesaving Station
By: Louis Jones
A limited edition of the print of the Virginia Beach Lifesaving Station will be
sold at the NEPTUNE FESTIVAL. The funds for the project will be offered to the
Virginia Beach Lifesaving Museum.
Angus Murdock, Director of the Virginia Beach Lifesaving Museum, expressed
appreciation to the Princess Anne Rotary Club.
- 14 -
Item IV-D.4
CEREMONIAL PRESENTATIONS ITEM # 30037
Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to:
Michael R. Rucker
Michael R. Rucker served as Chairman of the COMMUNITY CORRECTIONS RESOURCE
BOARD from September 1981 thru September 1988. His dedication, commitment and
unselfish services have involved personal sacrifices and inconveniences, not
only to himself but frequently to his family.
- 15 -
Item IV-E.I.
PROCLAMATIONS ITEM # 30038
Mayor Oberndorf PROCLAIMED the week of September 18-24, 1988 as:
EMERGENCY MEDICAL SERVICES WEEK
Elsie Benson, Captain of the Courthouse Volunteer Rescue Service ACCEPTED this
PROCLAMATION.
This PROCLAMATION advised the members of emergency medical service teams
encourage national standardization of training and testing of emergency medical
personnel and reciprocal recognition of training and credentials by the States.
WHEREAS, the members of emergency medical services teams devote
their lives to saving the lives of others; and
WHEREAS, emergency medical services teams consist of emergency
physicians, nurses, emergency medical technicians, paramedics,
educators, and administrators; and
WHEREAS, the people of the United States benefit daily from the
knowledge and skill of these trained individuals; and
WHEREAS, advances in emergency medical care increase the number of
lives saved every year; and
WHEREAS, the professional organizations of providers of emergency
medical services promote research to improve emergency medical care;
and
WHEREAS, the members of emergency medical services teams work
together to improve and adapt their skills as new methods of emergency
treatment are developed; and
WHEREAS, the members of emergency medical services teams encourage
national standardization of training and testing of emergency medical
personnel, and reciprocal recognition of training and credentials by
the States; and
WHEREAS, the designation of "Emergency Medical Services Week" will
serve to educate the people of the United States about accident pre-
vention and what to do when confronted with a medical emergency; and
NOW, THEREFORE, I, Meyera E. Oberndorf, Mayor of the City of
Virginia Beach do hereby proclaim September 18-24, 1988 as
EMERGENCY MEDICAL SERVICES WEEK
in the City of Virginia Beach and recognize the value and the
accomplishments of emergency medical services teams.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the City of Virginia Beach, Virginia, to be affixed this
nineteenth day of September, nineteen hundred and eighty-eight.
Meyera E. Oberndorf
Mayor
- 16 -
Item IV-E.2.
PROCLAMATIONS ITEM # 30039
Mayor Oberndorf PROCLAIMED the week of September 24 - October 1, 1988 as:
VOTER REGISTRATION WEEK
Dr. Marlene Hager, Voter Registrar, ACCEPTED this PROCLAMATION.
This PROCLAMATION urged all citizens who are eligible to fully exercise their
citizenship and register to vote.
Dr. Hager advised a copy of the SAMPLE BALLOT will be forwarded to every
household in Virginia Beach for the November Eighth election and advised the
deadline for voter registration for the Presidential Election is October Eighth
at 5:00 P.M. Dr. Hager expressed appreciation to Mayor Oberndorf for her
appearance on Channel 29 encouraging Voter Registration.
rortamati &on
WHEREAS, VOTE VIRGINIA BEACH is the voter registration
theme selected by the Voter Registrar's Office for the 1988
Presidential Election; and
WHEREAS, the VOTE VIRGINIA BF.ACH campaign is aimed at
encouraging citizen participation in the election process;
and
WHEREAS, Voter Registration is a significant step in the
election process, and more than 20,000 citizens are expected
to register before the Presidential Election; and
WHEREAS, Voting is important and fundamental to the
continuance and growth of a democracy; and
WHEREAS, the vote provides citizens an opportunity to
express their concern over issues and candidates; and
WHEREAS, our leaders are selected by means of citizen
participation in voting; and
WHEREAS, across the country and in the City of Virginia
Beach, voter turnout has been a concern in recent years.
NOW, THEREFORE, I, Meyera E. Oberndorf, Mayor of the
City of Virginia Beach do hereby proclaim the week of
September 24 - October 1, 1988 as
VOTER REGISTRATION WEEK
in the City of Virginia Beach, and I urge all of our citizens
who are eligible to fully exercise their citizenship and
register to vote.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach, Virginia, to
be affixed this nineteenth day of September, nineteen hundred
and eighty-eight.
Meyera E. Oberndorf
Mayor
- 17 -
Item IV-E.3.
PROCLAMATIONS ITEM # 30040
Mayor Oberndorf PROCLAIMED the week of September 17 - 23, 1988 as:
CELEBRATION OF THE CONSTITUTION WEEK
Mayor Oberndorf requested citizens proudly fly the American Flag.
WIIEREAS, September 17, 1988 will mark the 201st anniver-
sary oi the signing of the Constitution of the United States;
and
WIIEREAS, this timeless document is the oldest consti-
tution still in use in the world; and
WI]EREAS, the great principles of the constitution--
sovereignty of the people, supremacy of the national
govertunent, respect for the states, separation of church and
state, and rule by majority but protection of minority
riglits--have remained In tune with the beliefs and hopes of
an expanding democracy; and
WIIEREAS, with this great document as its guide, this
Natioti lias become the finest example in history of government
by law; and
WIIEREAS, it is through each individual citizen living
out tlie ideals of the Coiistitution that we can reach a full
expression of those ideals.
NOW, TI]EREFORE, I, Meyera E. oberndorf, Mayor of the
City of Virginia Beach do hereby proclaim September 17-23,
1988 as
CONSTITUTION WEEK
in Virginia Beach and urge officials and leaders of civic,
educational, and religious organizations to conduct
ceremonies and programs to commemorate this occasion and
suggest that each citizen of our city read and study the
Constitution during this special week.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused ttie seal of the City of Virginia Beach, Virginia, to
be affixed tltis eiglitli day of Septelliber, nineteen hundred and
eighty-eight.
Meyera E. oberndorf
Mayor
- 18 -
Item IV-F.
CONSENT AGENDA ITEM # 30041
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6, 8, 9, 10 and 11 of the
CONSENT AGENDA.
Item 3 was voted upon for DEFERRAL until the City Council Meeting of October
10, 1988.
Item 7 was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 19 -
Item IV-F.1
CONSENT AGENDA ITEM # 30042
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
RESOLUTIONS IN RECOGNITION
OPERATION SUNBURST
MICHAEL R. RUCKER
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
R E S 0 L U T I 0 N
WHEREAS: OPERATION SUNBURST is an outgrowth of the Mayor's Task Force on
The City's App@arancc, wbose objuctives ar@ to enhance the City's
beauty, encourage citizens to plant 4-million Daffodil bulbs by
Thanksgiving 1990, develop 100% citizen participation, initiate
on-going horticultural enhancement by the year 2000 and foster
education witli the understanding of tbe importance of plants in
creating beauty and preserving tbe environment;
WHEREAS: @emendous effort bas been exerted, participation volunteered,
public relations and communication organized and pledges declared
to assure this effort becomes a reality. Such initial enthusiasm
and willingness to work for this community is a downpayment of
time and talent which will pay dividends of success. 'Ihe
intricate design and haunting beauty of the Daffodil will blossom
Virginia Beach into a Springtime of beauty and each bulb will
represent a community network of caring citizens as each petal
unfolds;
A new world of meaning is expressed in terms of abiding
beauty, be it in marble, paint, words, musical tone or
flower. Th see eye to eye with a great artist is to
expand and enrich the world in which we live.
NOW, THEREFORE, BE IT RESOLVED:
That the City Council of tlie City of Virginia Beach endorse and
support Operation Sunburst and its objectives.
Given under my hand and seal
this Nineteenth day of September,
Nineteen Hundred and Eighty-Eight.
Meyera E. oberndorf,
Mayor
RESOLUTION IN RBCOGNITION
WHEREAS: The history of Arnerica is one of a nation of people
helping other people -- joining together to build a better society --
dalication and commitment;
WEMEAS: Ufe is so unpredictablel No day comes backl Life is
short at besti That which makes life most worth living is the sure
knowledge that v&, ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: MICHREL R. RIUKER served as Chairman of the CCt4mUNITY
CORRE)CTIONS RESOURCE BOARD from September 1981 thru September 1988.
His dedication, commitment and unselfish service have involved personal
sacrifices and inconveniences, not only to himself but frequently to
the family; aiid,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City
Council here assembled this Nineteenth day of September,
Nineteen Hundred Lighty-Eight, on behalf of the citizens of Virginia
Beach, exprcsses deep GRATITUDE and RESPBCT to:
M I C H A E L R. R U C X E R
Given under my hand and seal,
Mayor
- 20 -
Item IV-F.2
CONSENT AGENDA ITEM # 30043
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution requesting Virginia Department of
Transportation to establish an urban highway
project for Salem Road (2-930).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
PROJECT PROGRAMMING RESOLUTION FOR
SALEM ROAD CIP 2-930
WHEREAS, in accordzin(-p witti Vii-ginia Department of
Transportation construction allocation procedures, it is
riec@ssary that a reque@t by cot.incil re@,olution be made- in order-
that the DepartaiL-nt program an urban higliway projl-ct in the City
of Virginia Beach, now.
THEREFOF?E BE IT RESOLVED, that the City Council of Virginia
13p,ich , Virginia reqljests LIie Virginiii I)epar-tment of
Trayisportatiorl to establish an tirban system highway project for
the improvemerit of Salem Road fro,n its fi@-oposed inter5ection with
Ferrell Pai-kway to and inclljding its intersectiori with Elbow
Road, a distance of appr-oximately two miles.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach, Virgiriia liereby agrees to pay its share of the total cost
for prl-liminary engineering, right of way and construction of
this I:)roject in accordance with Sert;ion 33.1-44 of the Code of
Virginia, aiid that, if tlie City of Virginia Be,3cli stibsequently
elects to cancel this project, thf- City of Virginia Beach hereby
agreL-s to reimbtirse the Virginia Department of Transportation
fort;lie tc)tal amc)t-jnt C) f ttie c: a s t s ex[)ended by the DeliartfTient
thT-OUq[l the datl- the DepartmL-t)t is notified of suc@l cancL.Ilation.
(4dopted this 19 d,3y of September , lg_
City of Virginia Beach, Virginia
ATTEST
BY
Clerk of Cd'uncil
- 21 -
Item IV-F.3
CONSENT AGENDA ITEM # 30044
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Meeting of October 10, 1988:
Resolutions authorizing completion of Ferrell
Parkway
Phase IB (CIP 2-936)
Phase 1C (CIP 2-063)
This DEFERRAL will enable Councilman Moss to advise the Community of the City
Staff's recommendation and allow for citizen's opinions.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item IV-F.4
CONSENT AGENDA TTEM # 30045
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to ACCEPT the $212,690 Chesapeake Bay
Initiative Grant from the Virginia State Water
Control Board and to APPROPRIATE the funds to
Project 6-937 Aragona Rehabilitation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
AN ORDINANCE TO ACCEPT A GRANT IN THE
AMOUNT OF $212,690 FROM TilE VIRGINIA STATE
WATER CONTROL BOARD AND TO APPROPRIATE THE FUNDS
TO PROJECT 6-937 ARAGONA REliABILITATION
WHEREAS, the City of Virginia Beach seeks to enter into a grant
contract with Lhe Virginia State Water Control Board which will provide the city
with $212,690 of state grants funds, and
WHEREAS, the granl funds are Lo be used to invesligate a portion of the
city's waslewater colleclion system, determine the locations and the amount of
infiltration and inflow, identify syslem deficiencies, make repairs to reduce or
eliminate the excessive infiltration and inflow, and conduct a follow-up study to
evaluate the effective of the corrective measures, and
WIIEREAS, the city will apply Lhe grant to project 6-937 Aragona
Rehabilitation which is needed to identify areas with cave-in problems due to
pipeline failures, areas wilh excessive infiltration and inflow, and areas
experiencing perpetual maintenance problems.
NOW, TIJEREFORE, BE IT ORDAINED BY TiiE COLTNCIL OF THE CITY 6F VIRGINIA
BEACH, VIRGINIA that a grant in the amount of $212,690 from the Virginia SLate
Water Control Board is hereby accepted and appropriated to project 6-937 Aragona
Rehabilitation.
BE IT FURTHER ORDAINED Lhe the appropriation be offset by an increase
of $212,690 in esLimaLed revenue in the water and sewer capilal project fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
19 day of September 1988.
First Reading: September 6, 1988
Second Reading: September 19, 1988
- 23 -
Item IV-F.5
CONSENT AGENDA ITEM # 30046
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $18,677 from
the United Way of South Hampton Roads for one
position in Department of Social Services to
recruit and train infant day care providers.
Voting; 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO ACCEPT FUNDS IN THE AMOUNT OF $18,677
FROM THE UNITED WAY OF SOUTH HAMPTON ROADS
FOR PAYMENT FOR ONE POSITION IN TIJE DEPARTMENT OF SOCIAL SERVICES
TO RECRUIT AND TRAIN INFANT DAY CARE PROVIDERS
WHEREAS, the United Way of South Hampton Roads, recognizing the need for day
care services for families with infants, has approved a grant to fully fund one
position in the Virginia Beach Department of Social Services to recruit and train
child day care providers who would care for infants, and
WHEREAS, the United Way has indicated that the funding is for a position
which will be a part of the staff of the Department of Social Services, and
WHEREAS, the position will be filled on or after October 17, 1988, and
WI]EREAS, no malching funds from the City are required for this grant,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funds in the amount of $18,677 be accepted by the City of Virginia
Beach for a child day care provider development position in the Department of
Social Services for FY 88-89, and
BE IT FURTHER ORDAINED LhaL one full time position be created in the
DeparLment of Social Services to be filled on or after October 17, 1988 and to
continue for the duration of the United Way of South Hampton Roads grant.
This ordinance shall be effecti,e from the date of its adoplion.
Adopted by the Council of the CiLy of Virginia Beach, Virginia on
the day of 1988.
FIRST READING:, September 19, 1988
- 24 -
Item IV-F.6
CONSENT AGENDA ITEM # 30047
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER appropriated $24,760,387
between projects to close out completed Capital
Projects for FY 1987-88.
Councilwoman Henley referenced Proi.ect 2-926 Atlantic Avenue Beautification
which is being closed out. Councilwoman Henley inquried as to why this was not
reallocated to other Atlantic Avenue Beautification Projects. E. Dean Block,
Assistant City Manager for Analysis and Evaluation advised this was the old
project which was the original design work of a number of years ago and is not
in the CAPITAL TMPROVEMENT PROGRAM under the Resort Area any longer.
Councilman Moss referenced the Total of Projects to Receive Excess
Appropriations from Capital Project Close-Out: $1,287,55. Councilman Moss could
not locate this amount among the pluses and minuses of the previous pages. E.
Dean Block will provide this information. Councilman Moss requested relative
the Projects to Receive Excess Appropriations that when presented in the future
will contain the full life cycle of the reprogramming.
The City Manager advised Councilwoman Parker the new CIP PROPOSAL will contain
issues associated with land acquisition specifically for open space or passive
Recreation purposes.The City Manager believed this Ordinance was to close out
or complete projects which are already authorized.
Councilman Perry referenced Parks and Recreation Projects a Transfer from
Project 4-924 Little Neck Bikeway to Project 4-939 Neighborhood Park
Development and Acquisition. Councilman Perry requested some of these funds be
utilized for a Park in Newsome Farm and to make the restrooms operative in the
recreation building located in Newlight Park.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER APPROPRIATIONS
OFTWEEN CAPITAL PROJECT$ TO CLONE OUT
COMPLETED CAPITAL PROJECTS FOR
FISCAL YEAR 1987 - 1988
WIIEREAS, various capital projects have been completed and it is
necessary to close-out the financial records of these capital projects for FY
1987-1998, and
WIIEREAS, some completed projects have excess appropriations which may
be transferred to other capital projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that appropriations be transferred between capital projects as
enumerated below to allow the close-out of completed capital projects.
PROJECT CLASS/PROJECT AMOUNT
School Projects
Transfer from:
Project 1-946 Elementary School Window Replacement - 7,906
Project 1-947 Various School Lighting Improvement - 40,169
Total - 48,075
Transfer to:
ProjecL 1-951 Salem iligh School + 48,075
Engineering and Highway Projects
Transfer from:
Project 2-001 Indian River Road Box Culvert - 76,240
Project 2-010 Bellamy Area Access Bridge - 34,405
ProjecL 2-406 Diamond Springs Road - 8,937
Project 2-705 Bonney Road - 2,948
Project 2-804 North Beach Storm Drainage - Phase 11 - 55,047
Project 2-806 Indian River Road - Phase 11 - 33,013
Project 2-829 International Parkway Bridge AdjusLmenL - 237,862
ProjecL 2-900 Providence Road - Phase IV - 28,722
Project 2-920 Lake Shore Drainage - 19,570
Project 2-926 Atlantic Avenue Beautification - 148,754
Project 2-995 Independence Boulevard - Phase VI A - 121,366
ToLal - 766,864
Transfer to;
Project 2-018 Rudee Inlet Bulkhead + 23,749
Project 2-020 Various Drainage Improvements + 100,000
Project 2-408 North Witchduck Road + 15,318
Project 2-810 Centerville Turnpike - Phase I + 24,252
Project 2-816 Highway Safety Improvements + 250,292
ProjecL 2-833 FirsL Colonial Road - Phase III + 12,813
Project 2-902 North Beach SLorm Drainage - Phase Ill + 87,448
Project 2-987 Independence Boulevard - Phase TV + 32,992
Project 3-983 North Landing Road Parking LOL + 220,000
Total + 766,864
Building Projects
Transfer from:
Project 3-617 Francis Land House - 580
Project 3-808 Animal Control Building Addition - 10,655
Project 3-925 Building Maintenance fleadquarters - 7,458
Project 3-949 Seatack Community Center - 4,572
ProjecL 3-950 Juvenile Court Building Design - 549
Project 3-958 Correction Center Addition Study - 27
ProjecL 3-960 Mount Trashmore Capping - 6,967
Total - 30,808
Transfer to:
Project 3-938 liuman Resources Building Renovation + 30,808
Parks and Recreation Projects
Transfer from:
Project 4-924 Little Neck Bikeway - 223,204
1'ransfer to:
Project 4-939 Neighborhood Park Development & AcqLliS. + 204,409
Project 4-912 Oceanfront Loop Bikeway + 18,795
ToLat + 223,204
Water and Sewer Projects
Transfer from:
Project 6-924 County/Kempsville HRSD Connection 218,904
Transfer to:
Project 6-316 Various Sewer Projects + 218,904
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the CiLy of Virginia Beach, Virginia on the
19 September
day of 1988.
CITY OF VIRGINIA BEACH, VIRGINIA
LIST OF COMPLETED CAPITAL PROJECTS
TO BE CLOSED-OUT JUNE 30, 1968
Total
SCHOOL PROJECTS Expenditures
--------------- ------------
1-946 Elementary School Window Replacement $ 81,854
1-947 Various School Lighting Improvement 69,831
------------
TOTAL $ 151,685
ENGINEERING AND HIGHWAY PROJECTS
--------------------------------
2-001 Indian River Road Bok Culvert $ 933,957
2-010 Bellamy Area Access Bridge 322,670
2-406 Diamond Springs Road 6,521,322
2-705 Bonney Road 4,726,537
2-804 North Beach Storm Drainage - Phase 11 972,177
2-806 Indian River Road - Phase II 4,752,558
2-829 International Parkway Bridge Adjustment 974,107
2-900 Providence Road - Phase IV 113,589
2-920 Lake Shore Drainage 430
2-926 Atlantic Avenue Beautification 413,580
2-995 Independence Boulevard - Phave VI A 576,476
------------
TOTAL $ 20,307,403
BIJILDING PROJECTS
-----------------
3-617 Francis Land House $ 5,420
3-808 Animal Control Building Addition 366,659
3-925 Building Maintenance Headquarters 497,648
3-949 Seatack Community Center 354,662
3-950 Juvenile Court Building Design 359,646
3-958 Correction Center Addition Study 81,358
3-960 Mount Trashmore Capping 645,017
3-963 Judicial Center Study 227,000
------------
TOTAL $ 2,537,410
------------
PARKS AND RECREATION PROJECTS
-----------------------------
4-924 Little Neck Bikeway $ 415,843
4-937 Owl Greek Boat Ramp Renovation 175,000
4-938 Linkhorn Bay Park 92,215
------------
TOTAL $ 683,058
------------
WATER AND SEWER PROJECTS
------------------------
5-998 Lynnhaven Parkway - Coventry $ 54,795
6-924 County/Kempsville HRSD Connection 640,917
6-831 Mill Dam 385,119
------------
TOTAL $ 1,080,831
------------
TOTAL ALL PROJECTS $ 24,760,387
------------
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS TO RECEIVE EXCESS APPROPRIATTONS
FROM CAPLTAL PROJECT CLOSE-OUT
FOR FISCAL YEAR 1987-1988
Project/Explanation Amount
1-951 Salem High School $ 48,075
E.pendit@ires inc@irred ahead of programmed appropria-
Lions. Will reduce future E.nding req.iremenls.
2-018 Rudee Inlet Bulkhead 23,749
ExpendiLures incurred ahead of programmed appropria-
tions. Will reduce future funding requirements.
2-020 Various Drainage Improvements 100,000
To allow relocation of ditches in the southern parl
of Lhe city. Will reduce fulure funding requirements.
2-408 NorLh WiLchduck Road 15,318
Expendittires in excess of appropriations as a result
of a final audil invoice received from the SLate.
2-810 Centerville Turnpike - Phase I 24,252
Expenditures incurred ahead of programmed appropria-
Lions. Will reduce future funding requirements.
2-816 Highway Safety Improvements 250,292
To provide addilional funds for Lraffic safely improve-
ments throughotit Lhe city. Will redtice future funding
requirements.
2-833 First Colonial Road - Phase III 12,813
Expenditures incurred ahead of programmed appropria-
tions. Will reduce future funding requirements.
2-902 North Beach SLorm Drainage - Phase III 87,448
Will reduce future funding requirements.
2-987 Independence Boulevard - Phase IV 32,992
Expenditures incurred ahead of programmed appropria-
tions. Will reduce fulure funding requirements.
3-938 Human Resources Building Renovation 30,808
For parking IOL improvements.
3-983 NorLh Landing Road Parking Lot 220,000
New Project. To provide additional parking to
the Municipal Complex.
4-912 Oceanfront Loop Bikeway 18,795
Expenditures in excess of appropriations as a result
of a final audil in@oice received from the State.
4-939 Neighborhood Park DevelopmenL & Acquisition 204,409
For purchase of additional park sites. Will reduce
future funding requirements.
6-316 Various Sewer Projects 218,904
For small miscellaneous projects which have
51% signed agreemenLS for sewer service.
Total $ 1 287 855
- 25 -
Item IV-F.7
CONSENT AGENDA TTEM # 30048
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of city property known as property
dedicated to the City of Virginia Beach adjacent to
2401 & 2405 Twin Lake Road and 2372 Great Neck
Road, for drainage, to James T. Allen, his heirs,
assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. Owner agrees to remove encroachment within thirty
(30) days when notified by the City of Virginia
Beach at no expense to the City.
2. Owner agreees to keep and hold the City free and
harmless from any liability as a result of
encroachment.
3. Owner agrees to maintain said encroachment so as
not to become unsightly or a hazard.
The City Engineer advised Councilman Baum the owner submitted their own plan
for a railroad tie retaining wall. The City Engineer will investigate having
available two or three sets of plans which could assist in alleviating
situations of this nature.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
I Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS
7 PROPERTY DEDICATED TO THE
8 CITY OF VIRGINIA BEACH
9 FOR DRAINAGE TO JAMES T.
10 ALLEN, HIS HEIRS, ASSIGNS
11 AND SUCCESSORS IN TITLE
1 2
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, James T. Allen, his heirs, assigns and successors in
18 title are authorized to construct and maintain a temporary
19 encroachment into City property known as property dedicated to
20 the City of Virginia Beach for drainage.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a railroad tie
23 retaining wall and that said encroachment shall be constructed
24 and maintained in accordance with the City of Virginia Beach
25 Public Works Department's specifications as to size, aligriment
26 and location, and further that such temporary encroachment is
27 more particularly described as follows:
28
29 An area of encroachment into a
30 portion of City property known as
31 property dedicated to the City of
32 Virginia Beach for drainage as
33 shown on those certain plats
34 entitled: "PLAN VIEW FOR RETAINING
35 WALL PROPOSED RETAINING WALL FOR:
36 ALLEN, MATHEWS & LICHTENHAN
37 ADJACENT To 2405, 2401 TWIN LAKE
38 RD. & 2372 GRT. NECK RD. DATE:
39 2/24/88 SHEET 1 OF 2,11 and
40 "PROFILE VIEW OF LOW PROFILE RET.
41 WALL PROPOSED RET. WALL FOR: ALLEN,
42 MATHEWS & LICHTENHAN ADJACENT TO
43 2405 & 2401 TWIN LAKE RD. & 2372
44 GRT.NECK RD. DATE 2/24/88 SHEET 2
45 OF 2,11 copies of which are on file
46 in the Department of Public Works
47 and to which reference is made for
48 a more particular description.
4 9
50 PROVIDED, HOWEVER, that the temporary encroachment
51 herein authorized shall terminate upon notice by the City of
52 Virginia Beach to James T. Allen, his heirs, assigns and
53 successors in title and that within thirty (30) days after such
54 notice is given, said encroachment shall be removed from City
55 property known as property dedicated to the City of Virginia
56 Beach for drainage and that James T. Allen, his heirs, assigns
57 and successors in title shall bear all costs and expenses of such
58 removal.
59 AND, PROVIDED FURTHER, that it is expressly understood
60 and agreed that James T. Allen, his heirs, assigns and
61 successors in title shall indemnify and hold harmless the City of
62 Virginia Beach, its agents and employees from and against all
63 claims, damages, losses and expenses including reasonable
64 attorney's fees in case it shall be necessary to file or defend
65 an action arising out of the location or existence of such
66 encroachment.
67 AND, PROVIDED FURTHER, that this ordinance shall not be
68 in effect until such time that James T. Allen executes an
69 agreement with the City of Virginia Beach encompassing the
70 afore-mentioned provisions.
71 Adopted by the Council of the City of Virginia Beach,
72 Virginia, on the 19 day of September 19 88
73
74
75 JAS/ih
76 15/17/88
77 CA-88-2739
78 (encroach\allen.ord)
,APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
Y A@4D F(?,Rm
2
THIS AGREEMENT, made this d a y o f
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and JAMES T.
ALLEN, HIS HEIRS, 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 a railroad tie retaining
wall in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
railroad tie retaining wall, it is necessary that the said
party of the second part encroach into a portion of City
property known as property dedicated to the City of Virginia
Beach for drainage; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such railroad tie retaining wall
within a portion of City property known as property dedicated
to the City of Virginia Beach for drainage.
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
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 City property known as
property dedicated to the City of Virginia Beach for drainage
for the purpose of constructing and maintaining such railroad
tie retaining wall.
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, aligrlment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
City property known as property dedicated
to the City of Virginia Beach for drainage
as shown on those certain plats entitled:
"PLAN VIEW FOR RETAINING WALL PROPOSED
RETAINING WALL FOR: ALLEN, MATHEWS &
LICHTENHAN ADJACENT TO 2405, 2401 TWIN LAKE
RD. & 2372 GRT. NECK RD. DATE: 2/24/88
SHEET 1 OF 2,11 and "PRBFILE VIEW OF LOW
PROFILE RET. WALL PROPOSED RET. WALL FOR:
ALLEN, MATHEWS & LICHTENHAN ADJACENT TO
2405 & 2401 TWIN LAKE RD. & 2372 GRT.NECK
RD. DATE 2/24/88 SHEET 2 OF 2,11 copies
which are 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 the
City property known as property dedicated to the City of
Virginia Beach for drainage by the party of the second part;
2
and that the 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 tliat 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 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 cf the first part may charge
the party of the second part compensation for the use of such
portion of the City property encroached upon the equivalent of
3
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 by law for the collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO CO@T
DEPARTMENT By
Jdmes T. Allen
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
4
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of -1 19
-, has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
19
Notary Public
My Conunission 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 I 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:
5
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 JAMES T. ALLEN, whose name is signed to the
foregoing writing, bearing date the 93-"j d y of
19 has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
19,@
Dotary Public
My commission Expires: '7-
JAS/ih
Date: 5/17/88
CA-2739
(encroach\allen.agr) APPPOVED AS TO CONTEt4@f S
AMAIUII
DEPAP.TMENT
Apppo\/ED AS TO LIGAL
6
-rl,C Ai-I
6REAT Nfe'@ CIRCZE
Adj Prop. OwNerq: PLAN VIEW PROPOSED RETAININR, WALL
1. 13auer FOR FOR: ALLEN, MATHEWS
2. Wilsot4 PROPOSED RETAINING WALL LiCffTENHAN
@ADJ., TO., 2405, 2401, TWIN
LAKE RD. $ 2372 6REAT
NECK RO.
4,9,- g-9 8, Rlf T,.c
O//W
/V.
PROPOSED RET WALL
PROFILE VIEW -FO R: ALLEN, MATH EWS
LICHT'ENHAN
ADJ- TO: 2*05, 2401, TWIN
LAKE-@RD.-t@72 R.REAT
NECK RD.
706,000 2.71 i.D.. 2.714,000 2.724.000
j3AY
S..df
51
11-,4 FION lt4A P
- 26 -
Item IV-F.8
CONSENT AGENDA ITEM # 30049
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to reimburse a City Employee for legal
fees incurred in the discharge of his official
duties.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO REIMBURSE A CITY EMPLOYEE FOR
LEGAL FEES INCURRED IN THE DISCHARGE OF HIS
3 OFFICIAL DUTIES
4 WHEREAS, a zoning inspector of the Department of Permits and
5 Inspections was previously charged with the misdemeanor offense
6 of disturbing the peace for acts allegedly committed during the
7 discharge of his official duties; and
8 WHEREAS, the said charge was dismissed by the General
'9 District Court of the City of Virginia Beach; and
10 WHEREAS, the said zoning inspector incurred legal fees in
11 the amount of Sixty Dollars ($60.00) for the defense of the said
12 charge, payable to Larry B. Slipow, attorney-at-law; and
13 WHEREAS, Section 15.1-19.2:1 of the Code of Virginia
14 authorizes the governing body of a city to reimburse city
15 employees for their reasonable legal fees and expenses in such
16 cases; and
17 WHEREAS, the City Council is of the opinion that the amount
18 of the aforesaid legal fees is reasonable, and should be paid by
19 the City;
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That funds in the amount of Sixty Dollars ($60.00) be paid
23 to Larry B. Slipow, attorney-at-law, representing payment in full
24 of the reasonable legal fees incurred by a City employee in
25 defense of a criminal charge arising out of the official
26 discharge of his duties, the said charge having been dismissed by
27 a court of competent jurisdiction and not being subject to
28 reinstatement. Said funds shall be transferred from the budget
29 of the Department of Permits and Inspections.
1
30 Adopted by the City Council of the City of Virginia
31 Beach, Virginia, on the 19 day of September , 1988.
32 WMM/dhh
33 CA-88-2933
34 SLIPOW.ORD
35 08/31/88
2
- 27 -
Item IV-F.9
CONSENT AGENDA ITEM # 30050
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED:
BINGO/RAF'FLE PERMITS
LADIES AUXILIARY/KNIGHTS OF COLUMBUS #4632 Bingo
CREEDS RECREATION COMMITTEE Raffle
COURT STELLA MARIS #1881 Raffle
KELLAM BAND PARENTS ASSOCIATION, INC. Raffle
LAMBDA GAMMA OMEGA CHAPTER OF ALPHA KAPPA
ALPHA SORORITY, INC. Raffle
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item IV-F.10
CONSENT AGENDA ITEM # 30051
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance Authorizing Tax Refunds upon application
of certain persons in the amount of $2,322.97 and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
9/1 3/88 EMC
,@I'M NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ttiat ttie following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a!e Penalty lnt. Total
Year of Tax NLimber tion No. p. id
Fireman's Fund Mortgage Corp 88 RE(2/2) 93887-8 5/24/88 43.90
Charles G & Susan L Barker 88 RE(2/2) 121088-4 5/17/88 95.16
Charles G & Susan L Barker 88 RE(2/2) 122786-7 5/17/88 1,076.96
Leon H Thonipson Sr 87 pp 238129-6 6/21/88 35.88
Michael W Schuster N/A Pkng 142458 7/25/88 10.00
Jean Marie Howe N/A Pkng 68172 8/1/88 20.00
Total 1,281.90
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling rr
1,281.90 -_ were approved by
the Council of thgCity of Vir nia
Bi@%on the 9 @eptember
day of
easurer
A proved as to form:
Ruth Hodges Smith
City Clerk
-i
AB ity Attorney
0814 NO, C,A, 7 8/23/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASUREFI
FOFI PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upc)n certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Petialty lnt. Total
Year of Tax Nuiiiber tion No. Paid
John H & William P Walter 88 RE(2/2) 113224-6 6/5/88 87.56
Sliawniut Mortgage 88 RE(1/2) 4673-3 11/38187 14.74
Thomas M Ainiiions III 85 RE(2/2) 24326-5 7/1/88 192.88
Williain H & Margaret Warf 88 RE(2/2) 113581-3 8/15/88 30.17
Richard A & Carolyn Gendron 88 RE(1/2) 38871-1 12/5/87 573.03
John M Elliott Jr 88 pp 54602-3 7/18/88 10.00
John M Elliott Jr 88 pp 54603-2 7/18/88 10.00
Kimberly S Schaefer 88 pp 158887-8 6/15/88 17.16
Kiniberly S Schaefer 88 pp 158888-8 6/15/88 44.76
Kiniberly S Scliaefer 88 pp 161724 6/15/88 10.38
Sherry L Jones 84 pp 81539-8 8/16/88 26.11
Ron Vadala 85 pp 215304-3 7/26/88 24.28
Total 1,041.07
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling
_ $1.041.07-- --- were approved by
the Council of the City of Virgi'ni'a
Beach oil tlie-19 day f SeR@ember. 1988 durer
rea
Approved as to form:
Ruth Hodges Sinith
City Clerk
ttorney
- 29 -
Item IV-F.11
CONSENT AGENDA TTEM # 30052
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance Authorizing License Refunds upon
application of certain persons in the amount of
$10,047.63 and upon certification of the
Commissioner of the Revenue for payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FOR. .0 C I 8 REV 31.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT OJDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Cary Hinzpeter & Ronald Gross
T/A G & R Supply, Ltd.
4704 Bunker Hill Lane
Virginia Beach, VA 23462 Audit 1986-88 41.27 41.27
Ocean Holiday, Inc.
2417 Atlantic Avenue
Virginia Beach, VA 23451 Audit 1986-87 2,829.86 2,829.86
Provident Finance Co of VA Inc.
4668 Pembroke Blvd 104
Virginia Beach, VA 23455 Letter 1988 2,552.00 2,552.00
Certified as to Payment:
-Pobert P, Vaughan
Commissioner of the Revenue
Apprpved as to fo
6 Z,,
DEffktimson
This ordinance shall be effective from date of lilty Attorney
adoption.
The above abatement(s) totaling-$ 5 4 2 3 . 1 3 were approved by the Council
of the City of Virginia Beach on the Iday of Seprpmhpr 19 R.R
Ruth Hodges Smith
City Clerk
FOR. @ CEl 3 B@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMIiiSSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicalions for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty lnt. Total
John S. & George Georghiou
T/A Giorgios Pizza
5267 Norvella Arch
Norfolk, VA 23513 Audit 1987-88 13.28 13.28
Nell M. Brock & Marlene Jacobs
T/A M & N Cleaning Service
1332 Princess Anne Road
Virginia Beach, VA 23457 Letter 1988 30.00 30.00
Martone Construction Company
4968 Euclid Road, Suite E
Virginia Beach, VA 23462 Audit 1986-87 2,770.38 2,770.38
Certified as to Payment:
@DCerl P. Vaughan
Commissioner of the Revenue
This ordinance shall be efiective from date of
adoption.
Ttie above abatement(s) toialing $ 2 , 8 1 3 . 6 6 were approved by the Council
of the City oi Virginia Beach on the 19 day of September '19 88
Ruth Hodges Smith
City Clerk
"IR. @o c RE, @ m
AN ORDINANCE AUTHORIZING LICENSE REFUNI)S
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 oi the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Antonios Italian cuisine Inc.
3629 Shore Drive
virgiiiia Beach, VA 23454 Letter 1988 150.00 150.00
John F. Baldwin
T/A Salem Food Mart
5201 Walton Court
Virginia Beach, VA 23464 Audit 1987 431.14 431.14
Bobby J. Cottrell
T/A Johiiny's Barber Shop
5622 Suminit Arch
Virginia Beach, VA 23462 Audit 1988 102.25 102.25
Certified as to Payment:
R;be-rt P. Vaughan
Commissioner of the Revenue
rm.
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 6 8 3 3 9 were approved by the Council
19 Sei)Lember 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FOR. NO C,A @ REV 3!M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORE)AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications ior license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Nowlin Mortgage Company
9001 Airport Freeway
Fort Wortli, TX 76180 l,etter 1988 654.66 654.66
origaTni Inc.
905 Freeport Pkwy
Coppell, TX 75019 Letter 1988 263.86 263.86
Sheldon Motors, Inc.
1215 Baker Road, Suite 306
Virginia Beach, VA 23455 Audit 1986-87 208.93 208.93
Certified as to Payment:
fto-b@rt P. Vaughan
Cc)mrnissioner of the Revenue
Appro,ved as to for@
are-Bimson
y Attorney
This ordinance shall be efiective from date of
adoption.
The above abatement(s) totaling $ 1, 1 2 7 . 4 5 were approved by the Council
of the City oi Virginia Beach on the 19 day of September_ ,g 88
Rutli Hodges Smith
City Clerk
- 30 -
Item IV-G.l.
APPOINTMENTS ITEM # 30053
BY CONSENSUS, City Council CONFIRMED APPOINTMENT by the Virginia Beach Circuit
Court:
COMKUNITY CORRECTIONS RESOURCES BOARD
Clyde I. Siler
- 31 -
Item IV-H.I.
UNFINISHED BUSINESS ITEM # 30054
ADD-ON
Councilwoman McClanan referenced multi-story garages in residential areas.
Councilwoman McClanan further referenced her letter to City Council August 19,
1988, relative the JOHN AND KATHERINE MILJER ENCROACHMENT on Mayo Road. Tt was
her impression and understanding when City Council discussed buildings,
additions to them and outbuildings which were of greater height than usual,
that the City Council did not want to encourage expansion of buildings at a
height greater than the initial structure, either attached or detached. Multi-
story garages are not an acceptable use in residential zoning.
The City Manager will prepare a report relative these situations and the
granting of a permit to build such structures.
- 32 -
Item IV-G.I.
NEW BUSINESS ITEM # 30055
ADD-ON
Council Members Reba S. McClanan and John L. Perry SPONSORED the following to
speak in OPPOSITION to the location of the BAYSIDE RECREATION CENTER in the
Bayville Park:
Mary M. Biondo, 4502 Delca Road, Phone: 460-2829, represented the Members of
the Bayville Park and Garden Civic League.
Peggy Coffin, 4601 Delco Road, Phone: 464-3327, represented the Bayville Park
Civic League
Lee Banks, 1901 Jack Frost Road, Phone: 464-4023, spoke in favor of the
location of the Bayside Recreation Center.
Doug DuCharme, Consultant with KR JACKSON & ASSOCIATES again reiterated
the options for location of the Recreation Center in Bayville Park.
BY CONSENSUS, City Council SCHEDULED for the City Council Agenda of September
26, 1988, the selection of a site for the RECREATION CENTER/BAYSIDE BOROUGH.
- 33 -
Item IV-G.2.
NEW BUSINESS TTEM # 30056
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution requesting the Virginia Municipal League
hold its Annual Conference in the City of Virginia
Beach in 1995.
AND,
Resolution supporting Mayor Oberndorf's nomination
as Fourth Vice President of Virginia Municipal
League.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION
REQUESTING THE VIRGINIA MUNICIPAL LEAGUE
TO HOLD ITS ANNUAL CONFERENCE IN THE
CITY OF VIRGINIA BEACH IN 1995.
WHEREAS, the Virginia Municipal League will choose a
site for its 1995 conference during its annual conference to take
place in Virginia Beach in October 1988; and
WHEREAS, Virginia Beach is desirous of being the host
city for the conference in 1995; and
WHEREAS, having the VML conference in Virginia Beach in
1-995 will help to boost the economy and also give tlle city an
opportunity to showcase itself.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the Virginia Municipal League is hereby
requested to name Virginia Beach as the host locality for the
1995 annual VML conference.
Adopted by the Council of the city of Virginia Beach on
this 19 th day of September 1 1988.
RESOLUTION
2
3
4 WHEREAS, Meyera E. Oberndorf has served with distinc-
s tion on the Council of the City of Virginia Beach as a Council-
6 member, as Vice-Mayor, and as Mayor;
7 WHEREAS, Meyera E. oberndorf has made many contribu-
8 tions to the City of Virginia Beach since her election to City
9 Council on July 1, 1976;
10 WHEREAS, she has also served with distinction as
11 Chairman of the Southeastern Planning District Commission and as
12 Chairman of the Virginia Beach Public Library Board;
13 WHEREAS, she has also served with distinction on the
14 Environmental Subcommittee of the Virginia Municipal League; and
15 WHEREAS, she has also served as Chairman of the Urban
16 Section of the Virginia Municipal League;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 That Meyera E. Oberndorf, Mayor of the City of Virginia
20 Beach, is eminently well qualified for election as Fourth Vice-
21 President of the Virginia Municipal League.
22 BE IT FURTHER RESOLVED that the Council of Virginia
23 Beach takes pleasure in endorsing Maycr oberndorf for this
24 position.
25 BE IT FURTHER RESOLVED that the City Clerk is
26 authorized and directed to forward a copy of this Resolution to
27 the President of the Virginia Municipal League.
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on this 19th day of September 1988.
31
32 JDB/clb
33 09 /19/88
34 CA-2944
35 VML.RES
- 34 -
Item TV-G.3.
NEW BUSINESS ITEM # 30057
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
ADOPTED:
Resolution requesting the State Board of Education
to not reduce the Expenditure Categories currently
used for education funds and to adopt the proposed
expansion for categories as proposed by the
Virginia Municipal League.
This Resolution shall be presented to the Virginia
Municipal League on October 3, 1988.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum and John L. Perry
Council Members Absent:
None
RESOLUTION REQUESTING THE STATE BOARD OF EDUCATION
TO NOT REDUCE THE EXPENDITURE CATEGORIES CURRENTLY USED
FOR EDUCATION FUNDS AND TO ADOPT THE
PROPOSED TXPANSION OF CATEGORIES AS PROPOSED BY THE
VIRGINIA MUNICIPAL LEAGUE
WHEREAS, under current regulations, localities may
appropriate funds to the School Board through either a lump sum
or 13 categories; and
W[iEREAS, by having its funds appropriated under various
categoies restrains the School Board from moving funds from one
category to another without the governing body approval; and
WHEREAS, the Administration, Assessment and Finance
Committee of the State Board of Education has proposed changes in
the classification of expenditures used by school boards; and
WHEREAS, this committee bas recommended that the 13
categories be reduced to 5, thereby reducing the oversight of the
governing body of the locality into how the school board funds
are expended.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT the State Board of Education is
requested to not reduce the categories of classifications of
appropriations used by school boards.
BE IT FURTHER RESOLVED THAT the State Board of
Education is requested to adopt the more detailed level of
appropriation categories proposed by the Legislative Conunittee of
the Virginia Municipal League.
Adopted by the Council of the City of Virginia Beach on
the 19th day of September 1988
COMPARISON SHEET
SCHOOL BOARD FUNDS
BOARD of EDIJCATION VML
CIJRRENT CATEGORTES PROPOSED CATEGORIES PROPOSED CATEGORTES
instruction Instruction Classroom Instruc.
Summer School Instruc. Support -
Adult Education Student
other Education Progs. Instruc. Support -
Staff
Instruc. Support -
School Admin.
Administration General Support Administration
Attendance & Health Attendance & Health
Pupil Transportation services
operatioti & Maint. Pupil Transportation
Services
Operation & Maint.
Services
School Food Service Non-Instruc. Oper. School Food Services
Enterprise Oper.
Community Services
Debt Service Other Uses of Debt Service
Funds Fund Transfers
Capital Outlay Facilities Site Acquisitions
Site Improvements
Architecture & Eng.
Services
Educational Specs.
Bldg. Acquisition &
Construc. Services
Bldg. Improvements
Services
Refund of Revenue Deleted - Any re-
fund of revenue
will be netted
against current
year revenue being
reparted.
Fixed Charges To be accounted &
reported in relation-
ship to the Functions:
Instruction, General
Support, Non-Instruc-
tional Operation, &
Facilities.
- 35 -
Item IV-G.4.
NEW BUSINESS ITEM # 30058
ADD-ON
Councilman Moss referenced a report entitled: KEMPSVILLE STUDY AREA REPORT
relative the recreational needs in Kempsville (Said Study is hereby made a part
of the record.) Said Copy was prepared by City Staff and contained in the City
Council Agenda Package.
Councilman Moss WITHDREW his proposed Resolution directing the City Manager to
develop recommendations for implementaiton of the Kemspville Study Area Report.
Councilman Moss would rather defer to discuss the larger issue of acquiring
all the park reservations, whether it be the Princess Anne, Kempsville or
Bayside Boroughs, as well as the need to look ahead to the pressing needs of
the Blackwater and Pungo Boroughs.
Councliman Moss expressed a desire the City Council devise an adequate
Financing Plan for Recreation for the Year 2010 along with the City's Road
System for the Year 2010.
- 36 -
Item IV-J.l..
ADJOURNMENT ITEM # 30059
Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 4:10 P.M.
Beveri-y'O. Hooks
Chief Deputy City Clerk
@th Hodge@ Smith, CMC Mey r.@,. Obrndorf
City Clerk M.Yr
City of Virginia Beach
Virginia