JUNE 20, 1988
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, A@ L,,g,
VICE MAYOR MEYERA E. OBERNDORF, A@ L,,g@
A@ERT W. BALKO, @@,h
JOHN A. BAUM, BI.,k..I, B,@.gh
ROBERT E. FEN7RESS, V@,gi@i@ 8-h @@,h
HAROLD HEISCHOBER, A, @,,
BARBARA M HENLEY, P.@,, B,@.gh
REBA S M,C@NAN, P,i-, A... @.,h
JOHN D MOSS, K-p@ill@ B,-gh
NANCY K PARKER, Al @,@
JOHN L PERRY, B,,@& @@@,h 281 C@ HALL BUILDING
MUNICIPAL CENTER
A-@ V. WANS, JR., Ci@ M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-@2
1 @ M@N. Cil, A.- (804) 427-4303
R- HOW. -@H, CMCI@, Ci@ C@ June 20, 1988
ITEM I. CITY 14ANAGER'S BRIEFINGS - Conference Room - 11:30 AM
A. IEW CORRECTION CENTER
Sheriff W. R. Overman
B. GPIN System
Giles G. Dodd, Assistant City Mnager for Administration
ITIM II. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM
A. CITY COLINCIL CONCERNS
ITEM III. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXECL7TIVE SESSION
ITEM IV. FCRMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Charles H. Jones, Retired
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELBCTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF IREMS FOR THE FORMAL AGENDA
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 13, 1988
F. CITY MANAGER'S REPORT
1. LYNNHAVEN BOAT RAMP COMMITTEE
G. CRDINANCES/RESOLUTION
1. ordinance to AMEND and REORDAIN Section 2-16 of the Code of
Virginia Beach, Virginia, re organizational meetirigs of City
Council.
2. Ordinance to A24END and REORDAIN Sections 12-5, 12-7, 12-8, 12-9,
12-43 and 12-43.1 of Chapter 12 of the Code of the City of Virginia
Beach, Virginia, re the Fire Prevention Code.
3. Ordinance to AMEND and READOPT the Resort Area Facade Program
Design Guidelines re permitted awning signs.
4. Ordinance to authorize Acquisition of property in Fee Simple for
right-of-way for Holland Road/Princess Anne Road; and, the
Acquisition of Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
DEFERRED: 5/16/88 and 6/6/88
5. Ordinance upon FIRST READING to APPROPRIATE $990,000 to the Water
and Sewer Operating Budget in the Water and Sewer Enterprise Fund
for the purchase of Holland Utilities; and, to authorize the City
Manager to enter into a contract for the acquisition of Holland
Utilities.
6. Ordinance to TRANSFER $262,478 from excess appropriations from
various completed projects to Project #2-062 Ocean Park Beach -
Site Acquisition for use as a secondary spoil site for dredged
material from Lynnhaven Inlet and replenish Ocean Park Beach.
7. Resolution to award a IDW BID to APAC-Virginia, Inc. in the amount
of $4,106,022.04 for Independence Boulevard Phase IIA (CIP 10064)
and Phase IIA-1 (CIP 2-082).
B. ENCROACEMENT
a. Stephen Y. Yee (Golden Dragon Restaurant)
Dcisting free-stariding and roof signs at 2914 Pacific Avenue
9. Migineering Standards - proposed changes.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Oouncil and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution establishing a Unified National Strategy for the control
of the flow of Illegal Drugs.
2. Ordinances to authorize the Acquisition of real E)roperty,
easements, temporary construction easements, in Fee Simple, by
Agreement or by OC)ndemnation:
a. Linkhorn Point cips 5-029 and 6-943
b. Shorehaven CIPs 5-031 and 6-981
3. ordinance upon FIRST READING for the Department of Mental
Health/f*ntal Retardation and Substance Abuse to be funded in
FY 1988-1989:
a. APPROPRIATE $865,210 to the General FLind.
b. APPROPRIATE $211,588 to the Mental Health/r*ntal Retardation
Contractual Services FLind.
4. Ordinance upon FIRST READING to APPPOPRIATE $76,419 to the General
Debt Fund for payment of the balance on the Lease/Purchase Contract
for four refuse collection vehicles.
5. ordinarice to TRANSFER $72,175 within the FY 1987-1988 Operating
Budget of the Deparbnent of Public Works for the purchase of a
Thermolay Unitized Asphalt Patching Unit.
6. Ordinance to TRANSFER $70,000 within the School Operating Fund to
eliminate the shortfall in various accounts.
7. Crdinance to 7RANSFER $49,000 within the FY 1987-1988 Operating
Budget of the Police Department for equipment space renovation in
the Public Safety Building.
8. Ordinance to TRANSFER $45,000 within the FY 1987-88 Operating
Budget of the Street Cleaning Bureau of the Department of General
Services to alleviate the deficit caused by the maintenance costs
of street cleaning equipment.
9. C)rdinance to TRANSFER $30,000 within the Water and Sewer FLind
Reserve for Contingencies to eliminate the shortfall in the postal
service account of Public Utilities Customer Service Unit.
1 0. Ordinance to authorize a temporary encroachment into a portion of
the Right-of-Way of Old Shell Road, @t D, to 9bomas A. Barton, Tr.
for the construction of four brick posts with lanterns at the top,
two at each driveway entrance.
11. Utility Projects for 51% Neighborhood Participation;
Broad Bay Colony Water $259,000
Carolanne Drive Water $ 45,000
12. LOW BID to C2iesapeake Bay odntractors, Inc the amount of
$60,246.80 for the Alab--a Road Water Line Project (CIP 5-987).
13. IDW BIDS (CIPs 6-315 and 5-617) for Queen City:
a. Contract I - Utility Builders, Inc.:
Water and Sewer $230,651.50
b. Contract II - Crowder Contracting Company:
Pump Station $172,700.00
14. AMBULANCE PER4IT RENEWAIS:
a. Central Virginia Ambulance Service
b. Children' s Hospital of the King' s Daughters
C. City of Chesapeake Fire/EMS
d. Medical Transport, Inc.
e. Nightingale Air Ambulance
f. Norfolk General Cardiac Diagnostic Unit
g. Norfolk Paramedical Rescue Services
h. Tidewater Aznbulance Service
15. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
a. Beach and Coastal Cab Co., Inc.
1 6. Ordinance authorizing tax refurids in the amount of $1,303.17.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
1. Interim Financial Statements - July 1, 1987, through April 30, 1988
K. ADJOURNKENT
SPECIAL SESSION
12: NOON
JULY 1, 1988
MAYOR AND CITY COUNCIL
OATHS OF OFFICE
ELBCTION OF THE VICE MAYOR
RESCHEDULED SESSION
JULY 4, 1988
(City Holiday)
TO
JULY 5, 1988
CITY COUNCIL RECESS
JTJLY 18 - 31, 1988
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 20, 1988
The CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL were called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, June 20, 1988, at 11:30 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy
K. Parker and John L. Perry
Council Members Absent:
John A. Baum (ENTERED: 11:35 A.M.)
Reba S. McClanan (ENTERED: 11:37 A.M.)
- 2 -
C I T Y M A N A G E R IS B R I E F I N G S
GPIN SYSTE[4
11:30 A.M.
ITEM # 29562
The City Maiiager introduced Giles G. Dodd, Assistant City llanager for
Adninistration. Giles Dodd served as Chairman of the TASK FORCE on GPIN since
late 1985. This TASK FORCE consisted of representatives from the Department of
Planning, Department of Publi,c Works, Clerk of tlie Court, City Assessor, the
Cor,ir.,ii-ss-*Ioner of the Tlevenue, the City Treasurer and Data Processing. The
purpose of this Co2-mittee was to investigate the various data bases that are
utilized in the la-.qd file and to link these data bases which are housed on
several different computer systems into one integrated network.
For example, the City presently has the Mapping Computer wliich has plated all
the existing properties in the City and lias pici@ed up all the new ones. Tile
other i-qain frame computer is used by the City Assessor and commissioned by the
City Treasurer -or preparing tax bills and sending that out to citizens. The
difficulty has been that those two computers up @lo this point have not been
able to talk to each other; therefore, two different systems exist. The City
has been endeavoring toward replacing the 18 character Tax Map Reference Number
presently in existance and to be@il'i to use the 10 digit Geographic Parcel
Identification Number utilized by the Mapping Bureau. City Council previously
had a presentation from David Little related to the calculation o.@ the GPIN.
The City Staff plans to begin utilizing the GPIN in all the Tax Records after
July 1, 1988. This @iill also imoact idrofessions, i.e. land ulanners, engineers,
surveyors, builders and attorneys. Subcomlitteas of the @ASK FORCE have met
with groups of these professionals and had rather positive response I-ro,.q all
of them and very good co-operation. The last group contacted was the
attorneys. The initial entry into the real estate syste.,q comes from the
Circuit Court's office where deeds are recorded. it shall be encumbered upon
the attorneys to make sure that GPIN number is utilized on the deeds.
The Clerk of the Circuit Court, Curtis Fruit, advi,sed basic to an,, cori-,Duter
operated sys'@-em is the fact that you have a unique number that will Identify a
unit. The Surveys and i@iappitig Department developed through their Conpute-c a
number called the GPIN. This number is based on real values. it can be
conputed and it is accurate down to "plus or minus" one foot. Curtis Frui,t
advised currently an attorney will brin, a legal docu,.ient to the Clerk's
O@@fice. It will be recorded, indexed and rAicrofilLied. A copy ol- tha" film is
brought to Ceiatral Files. Central Files filr2s copies for both the Commissioner
of the Revenue and -,he Treasurer. In addition, the Circuit Court makes a
listing called a "transfer list" to both of th--se offices. Then they are able
to perform, on a manual basis, Lhe tra.,isfer from the individuals on each
parcel. The system functions but the Tax Map Reference Number is not assigned
until it gets to the Commissioner's Office. After the Commissioner's Of"ice
makes that change, it is then placed i,n the Computer which renders it
avai,lable to all the other users. The problem arises as this function takes
approximately at best two weeks and at worse ten weeks before all comes on lirie
and is available to all user departments. Bv utiliziig the GPTN, the
inforntation will be accomplished as the deed is indexed. A daily magnetic tape
will be prepared and given to the Data Processing Department and they will
transfer the information from the tape into the Computer and it will be on line
presumably the next r-qorning for all the User Departments. This information !-s
thus anticipated to be available in one to three days. This information
entails the name of the current owner, the new owner, the new owner's address,
the iiame of the mortgage company and the sales price consideration. This is
important to the City Assessor so he will know imnediately the real narket
value of said property. The Commissioner must have this i,nformation very
quickly to inst4.gate a change in his records from one owner to the other.
Other Departments such as the Planning Depart.@ent also utilize this
information. This functioii is anti.cipated to be a major bene@lit to the general
pubiic as well.
- 3 -
C I T Y M A N A G E R IS B R I E F I N G
GPIN SYSTEM
ITEM # 29562 (Continued)
Curtis Fruit advised this system will elimina-ue many of the Dresent r-lanual
steps primarily util4-,zed in the Commissioner, 'reasurer and Assessor Offices.
C. W. Smith, Director of Data Processing, advised Councilman Moss that ratlier
than a machine-to-machine interfece, a tape was being utilized, first to work
out all t@e "bugs" in the transl-er of data back and forth and then the textbook
aspect would be utilized. The City Staff would be for-mulating a tape a-,id
sending it to the main frame. Some preliminary work has been done i'l a direct
interface. Problems have arisen in com.-nunicatin.- with a different data base.
There is one data base in the main frame. A certain amount of this data is
repeated in the mapping program. The City Staff is investigating a more
interactive technique between the two so redundant data does not have to be
stored in both computers. At the present time it does have to be stored because
a tape is only being sent approxi@-ately once a month.
Curtis Fruit advised the City is pioneering this technology in Virginia. lqarren
County in Ohio is the only locality Curtis Fruit is falgillar with that is
actually performing this same type of function. If there has been a power
outage or breakdown in the computer, the ab-@@lity to do a title search is, of
course, greatly af,-ected. Printouts are available but the r-qost recently added
information is not available which would slow up and stop a CLOSING as the
Attorneys could not do a title search right up to the present time. This is
true, however, even without the GPIN systen,.
Curtis Fruit advised the best iiay to obtain good survey maps in the short term
is to go to Davi,d Little's o,-fice of Surveys and Mapping. In the longer ter@@,
hopefully within the next 60 days, the problem of survey maps is being
addressed to enable one print on oie copy.
- 4 -
C I T Y M A N A G E R IS B R I E F I N G
NEW CORRECTION CENTER
11:55 A.M.
ITEM # 29563
Sheriff W B. Overman advised the new addition to the CORRECTION CENTER will
provide 225 beds: 144 beds in the dormitory, 62 in indivi,dual cells and 15 in
special cells. Sheriff Overman advised a Sheriff's Office with Central Booking
will pay for this addition by funds saved the City. Sheriff Overman itemized
the inmate popuiation as of this morning, June 27, 1988:
161 Sentenced Felons
135 Pretrial
41 Misdemeanors
15 Work Release
35 Females
387 Total Population.
The highest inmate population this year has been 436.
Lieutenant Colonel Alvin "Sally" Rogers advised approximately 9% of all arrests
in the City of Virginia Beach are brought to the First Precinct. The system of
booking required by the State takes place, as well as going before the Chief
Magistrate. For example, an arrest at Kempsville Stop Light for a DUI, the
individual is placed in a police vehicle and brought to the Public Safety
Building for a Breath Test. Once that is done, then they are taken to the
Magistrate's Office to present the probable cause for the arrest. After the
warrant is secured, the individual is returned to the Public Safety building
for process "booking". As a result of their right to bond, the individual is
returned to the 4agistrate's Office "o have a bond set. If no one is there to
be responsible for them., they must be transported to the sheriff's office and
be incarcerated there until someone can be responsible for them. At whatever
time, someone comes to bail them out, the Sheriff must take the individual back
to the Magistrate's Office to be bonded and released. With Central Processing
and Booking, instead of doing all ol@ this traveling, the City will have one
point to be located at the Sheriff's Office The policeman could bring the
individual directly to the Sheriff's Office to Central Processing and Booking.
All the activity required by law would take place at this one point. With the
developnent of Central Processing and Booking, an astronomical sum could be
saved. At the present time, the individual is in and out of the police vehicle
7 and 8 times. Vehicles and man hours would be saved.
Melvin Spence, Architect, advised the Preliminary Plan was presented to City
Council in September 1987. For the past 8 months, the Contract document has
been developed. As they are about 75% complete, it is anticipated the work
will be completed by the end of September. At which ti,me, the plans must be
reviewed by the State. Melvin Spence presented the proposed plans to City
Council with the existing building depicted in a light shade and the proposed
building in a darker shade. The existing parking plan is planned for
expansion. Melvin Spence showed sketches depicting the tie-in to the existing
sally port and this will ti.e in to the new building through the existing
storage. Melvin Spence indicated the area where the Central Booking would be
built. Melvin Spence indicated the entrance to the new building that would
allow control, the location of offices, area for visiting law@rers, Work Release
area, Work Release Dormi-tories, Lounge for the Deputies, new dining hall,
kitchen tying into the existing kitchen and storage.
Mayor Jones advised this was an initial presentation to give the City Council
advance notice prior to the Capital Improvement Program.
Melvin Spence advised most of the work release will be housed in the dormitory
areas, but there are single cells availabie. Approximately 70% of this jail
will be for minor or low security. However, he was confident thi,s will be a
flexible building. The other 30% will be designed for high security.
- 5 -
C I T Y M A N A G E R IS B R I E F I N G
NEW CORRECTION CENTER
11:55 A.M.
ITENI # 29563 (Continued)
Sheriff Overman advised with the addition of this Correction Center, it 1/21ould
enable a rated capacity 01- 391 beds. If the population continues as it has been
for the past years, the City will be housing 550 inmates. The existing jail is
maximum security. The addition to the Correction will be 70% medium - minimum
security. Sixty-two (62) cells will be geared for housing more severe
problems.
Sherifl- Overman advised there had been considerable discussions relative a
1,000-bed Regional Jail. If this jail were built today, because of the
ov@rcrowding in the jails of this region, the 1 000 beds would be filled
immediately. The main problems incurred with a Regional Building concerns
location and there are multi-jurisdictions to which the inmates must be
transported.
Lieutenant Colonel Alvin "Sally" Rogers advised the City of Virginia Beach
would support the Regional Jail concept. 'ithen the State falls short of
building their facilities, this forces the issue of a Regional Jail. The State
says they are not going to operate a Regional facility.
Sheriff Overman advised the Jail is so overcrowded, the Recreation Room lias
been turned into a dormitory where 36 inmates are being housed and the
Classroom has been turned into an area to house another 18 inmates.
On tlie plans before City Council, Melvin Spence indi-cated another wing which
would tie into Central Booking, dormitories and higher security individual
cells, recreation, two nore dormitories located on the third floor. Melvin
Spence advised the estimate for this is $8.5-MILLION. The former estimate of
preliminaries was $8.9-MILLION. Upon completion of plans, a final estimate will
be brought forward.
Melvin Spence indicated the area representing Central Booking, where the Police
Department and Sheriff's Vans drive-in, will also house the sally port, the
lobby, the Magistrate's Office, fingerdrinting, breath test area, several
holding cells and group holding cells. The estimate for this building is $1.6-
MILLION. Both buildings willl cost approximately $142 a square foot. The total
capacity of the new building is 225 which also has cells and which the State
does not cou-,it. These are the holding, medical and grou-o holding cells. The
Central Booking will have fifteen (15) individual cells which can be used for
isolation cells in the event of an epidemic. The new building will match the
existing building.
With reference to the electronic bracelet, Sheriff Overman advised there have
been @'Wo pilot programs in Vir.@inia, one in Norfolk and the other in Arlington.
The one in iqorfolk did not work. The individuals placed on this program are
extremely low risk and must be thoroughly screened. Arlington requested a six-
.nonth extension for further evaluation as the City could not give a conclusive
report as to whether same is functional. The electronic signal in sone areas
is not transnitted el-fectively.
Sheriff Overman advised the statistics relative overcrowding:
Suffolk 257%
Virginia Beach 132%
Norfol-k 112%
The City Manager advised a package of information will be prepared summarizi.ng
the presentation. The Southeastern Planning District Commission, at its most
recent meeting because of input from several of the cities, did determine to
expend funds to investigate Regional Facilities. Several different scenarios,
both minimum and maximum security, are being investigated.
- 6 -
C I T Y M A N A G E R 'S I T E M S
12:25 P.M.
ITEi,'l l," 29564
As per City Council's request, the City Manager distributed plats indicating
INTERSTATE 64 CONSTRUCTION SCHEDULE. (Said plats are hereby made a part of the
record.)
C. Oral Lambert advised he attended the VIRGINIA DEPARTMENT OF TRANSPORTATION'S
PUBLIC HEARING in Richmond on Thursday morning, June 16, 1988, and delivered
the City Council Resolution ADOPTED on June 13, 1988. V-DOT is not scheduled to
vote on the final adoption of this t'D-Year Plan until Mid-July. The State will
be provided additional information as obtained. C. Oral Lambert has requested
Traffic Count information. The Section of Interstate 64 in Virginia Beach
between the Twin Bridges and Indian River Road is carrying about 93,000
vehicles per day. C. Oral Lambert believed this to be the busiest section of
4-lane Interstate in the State of Virginia. This information will be provided
to the State.
Oral Lambert, Jr., advised the anticipated level of Federal P@ding is less
than what the State had Dlanned on last year. This year it entails
approximately $100-MILLIO!i.
Mayor Jones requested a letter be sent to Congressman Pickett relative the
High-,7ay Trust Fund situation. Mayor Jones heard there was $15-BILLION in this
fund which is just being used to make the debt look less. The citizens have
paid the 4cts that goes on every gallon of @asoline purchased into that fund.
lqhen the 6-Year Plan was evaluated and totaled, all of the various nine (9)
Districts were cut in Interstate Funding with the exception of the ilorthern
Virginia District which received approximately $14-MILLIO@,,T in additi.onal
funding.
- 7 -
C IT Y MANA GE R I S IT EMS
GREAT NECK COMMUNITY CENTER
IT-714 # 29565
The City Manager distributed information relative the VIRGINIA BEACH COMMUNITY
GENTER/GREAT NECK CIP 4-801.
In the northeast area of the City, there are over 80,000 residents within a five
mile radius. Due to the heavy usage of the Kempsville Community and the travel
distance between these areas, the residents in the Great Neck area are being
denied access to a variety of programs and services.
This project first appeared in the 1973-79 CIP and received initial funding in
the 1985-89 CIP. A 1987 referendum funded the project.
As recommended in a 1983 state facilities studythis project will all--viate the
shortage of recreation services in this area.
On June 10, 1988, the following bids were received and opened:
W. M. Jordan Company, Inc. $7,946,000
W. B. lleredith TT, Inc. $7,954,000
Conrad Brothers, Inc. $8,158,500
J. B. Denny Company $8,232,000
Public Works recommends that the contract be awarded to the low bidder, W. M.
Jordan Company, Inc.
City Council migh@, wisi to consider this item as an ADD-ON item to the AGENDA
of June 20, 1988.
BY CONSENSUS, this item will be ADDED-ON to the AGENDA by Councilman Balko.
- 8 -
C 1 T Y M A N A G E R IS I T E M S
TP,ANSPORTATION SERVICE FOR THE HANDICAPPED
ITE14 # 29566
The City Manager distributed a MEMORANDUM from Jack 1,Thitney, Adminisbrator for
Environmental Management, relative TRANSPORTATION SERVICES FOR THE HANDICAPPED.
(Said information is hereby made a part of the record.)
The informati.on contained therein should resdond to all of City Council
concerns.
Ridership
Eligibility Criteria
Base Fare
Budget
Trends
Options
The City could take the position of allowing the rate increase to go into
effect, and then following the TRT Briefing in August make decisions on this
item or the City could request the rate increase be withheld following that
Briefing with the understanding that the City would pick up that cost until
some definitive action was taken. The operating subsidies are now
approximately $11.60/passenger It would rise approximately $1.00 on @@he longest
trip.
This item will be SCHEDULED for the City Council agenda of June 27, 1988.
- 9 -
ITEM # 29567
CITY COUNCIL CONCEIRNS of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones !r the Conference Room, City Hall Building, on Monday,
June 20, 1988 at 12:35 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Ileischober, Barbara M. Henley, Mayor Robert G.
Jones, Feba S. McClanan, John D. Moss, Vice Mayor
@,leyera E. Oberndorf, 14ancy K. Parker and John L.
Perry
Council Members Absent:
None
- 10 -
C 0 N C E R N S 0 F T H E M A Y 0 R
TTEPI # 29568
Mayor Jones referenced the City Manager's request from the State whether the
City would wish to proceed with JOINT MEETINGS with the City of Chesapeake
relative the SOUTHEASTERN EXPRESSWAY. Quarterly meetings are contemplated.
Councilman Baum believed all members of City Council should att--nd the first
meeting and then a Council Liaison should be selected. Councilman Moss
preferred each City Council be addressed separately and they be in Formal
Sessions.
C,*.Ity Council will proceed with Quarterly Briefings in Virginia Beach at the
beginning of the FOR14AL SESSION.
ITEM # 29569
Mayor Jones referenced the letter to Dr. Sjolund from Dr. Speckhart on behalf
of HOSPICE OF VIRGINIA BEACH, INC. Dr. Speckhart seemed to believe that only
the minority of City Council wdshed to make a comprehensive co-operative
agreement between Hospice of Virginia Beach and Hospice Care, Inc. The Mayor
advised he wished to respond to this letter. The Mayor believed the City
Council was movin., toward a new way of funding these special grants and this
will be set on a percentage basis which will then decide the amount of funds.
This will be a continuing problem of scarce resource allocation each year. The
14ayor believed the Ci,ty Council wishes to see areas of co-operation achieved.
Councilwoman 14cClanan did not agree with this concept. Each group should be
evaluated on their own performance. As an elected offic4-al, it is not her
place to tell which groups to dissolve,Limits must be set.
Councilman Fentress believed it was not a condition of the grants that the two
HOSPICES merge.
Councilwoman Henley believed it was not a condition that they merge but it was
a conditi.on they not duplicate services. Councilwoman Henley did not believe
that a large amount of funds should be expended for administrative staff.
Discussion and indication should be given for the reasons each should have
administrative staff.
Councilman Perry believed each should substantiate the needs.
Councilman Balko requested the maximum usage per dollar.
The Mayor will reiterate City Council's concerns in his response.
- 11 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITD\4 # 29570
Councilman Baum refei-enced the article in the VIRGINIA-PILOT concerning
criticism of the Mayor's Farewell Dinner.
Councilman Baum expressed concern rel.ative the tiraing. The T)ereeption is sotqe
members are "food for thought" for the press and others do not warrant
curiosity.
Councilman Baum presented an article entitled "LOST DOG" about a dog nar-ied
LUCKY to LUCKY BOB.
ITE14 # 29571
Councilman Fentress presented a facsiinile of a Check in the amount of $143,000
from the dedi-cation of the FOUR SAILS HOTEL. The hotel assuries the taxes will
amount to approximately $143,000 for a year.
ITEM @ 29572
Councilman Perry again rel-erenced the traffic light on @Torthampton Boulevard at
Burton Station.
C. Oral Lambert, Director of Public Works, advi.sed the City is attempting to
advance this as soon as possible and is anticipating it to be functional by
Oc"ober 1988. This will be a temporary installation and will be replaced when
the !4orthampton Boulevard i,,nprovement is completed.
Council,,ian Perry advised there are seven sets of tral-fic lights between
Virginia Beach Boulevard and Princess Anne Road that are just blinking.
ITFI@i 4 209,73
Councilman Balko referenced excessive Jet Ski noise in the i@larrows. The Jet
Skis are also behaving in a reckless n.-anner. Councilman Balko had a meeting
with Major Payne atte-,ided by residents of the Crystal Lake Area and Alanton to
discuss possibilities. Forty-t@io summons had been issued for behaving in a
reckless ,nanner. Councilman Balko distributed a report entitled FOUNDATIOII
FINDINGS relative the Jet Skis. (Said i,.iformation is hereby made a part of the
record.)
The City Attorney will investigate regulations relative a noise decibel level.
Councilman Fentress advised the manufacturers of the Jet Skis should be
interested in working on this issue.
Mayor-Elect Oberndorf indicated she had received calls of concern from Alanton,
Crystal Lake and ot'ler areas.
IT!-lq # 29574
Mayor-Elect Oberndorf referenced a conversation with a resident of Elbow Road
who attended the I-lethodist Conference in Roanoke, Virginia. One of the
participants in this Methodist Conference complimented Virginia Beach highly
relative the appearance of the Beach. The Methodist Conference will return to
Vi-rginia Beach in two years.
- 12 -
ITDM # 29575
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
June 20, 1988, at 1:00 P.M.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baupi, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council iviembers Absent:
None
- 13 -
ITE14 l@r' 29576
Mayor Robert G. Jones 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 employ@ment, assignment,
appointT.qent, prorqotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideratdon 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 wl-iich could effect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or
bargaining is involved, ,there if made public initially the financial
interest of the governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the juri,sdiction of the public
body.
Upon motion by Councilnan Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voti,ng Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council 14embers Absent:
None
- 14 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUliCIL
June 20, 1988
2:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 20,
1988, a'. 2:10 P.M.
Council Menbers Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara il. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Councilman Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A14ERICA
- 1 5 -
ADOPTION OF ITEMS
Item IV-D.1 IT7-14 # 29577
Playor Jones referenced the ENCROACHMENT: Stephen Y. Yee (Golden DragOn
Restaurant) Existing free-standing and roof signs at 2914 Pacific Avenue (See
Item IV-G.8 under ORDINANCES.
This item has been requested for DEFERRAL and will be MOVED FORWARD to the
first item under ORDINANCES.
Item IV-D.2. ITEM ',l 29578
Cou,qcilnan Moss re"erenced the Resolution establishing a Unified National
Strategy for the control of the flow of Illegal Drugs. (See Item IV-H.1 of the
CONSENT AGENDA.
This item will be pulled for a sedarate vote.
item IV-D-3- ITEII # 29579
Councilwoman McClanan referenced an Ordinance upon FIRST READIliG for the
Department of Mental Health/Mental Retardation and Substance Abuse to be funded
in FY 1988-1989: APPROPRIATE $865,210 to the General Fund; and, APPROPRIATE
$211,588 to the Mental Health/Mental Retardation Contractual Services Fund.
(See Item IV-E-3 of the CONSENT AGENDA.)
Councilwor.ian McCianan advised she did not receive infornation concerni,'Ig the
position and other informatdon relative this Ordina,,ice un@@il iust prior to the
City Counci-1 l@leeting.
Item IV-D.4. ITEi4 @l 29580
Cou,,icilman Balko referenced the addition of two (2) items under NEW BUSINESS.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
- 16 -
Item IV-E.1
MINUTES ITEM # 29581
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
APPROVED, AS MODIFIED, the MIliUTES of the INFORMAL & FORMAL SESSIONS of June
13, 1988.
Councilwoman McClanan MODIFIED ITEM # 29537, Pages
13 and 14
ORDINANCE UPON APPLIGATION OF ROBERT L. & ALICE M.
SIMPSON FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR ESTABLISHMENT R06881146
The first part of the paragraph on Page 14 shall be
listed as condition No. 7.
7. As there is the potential for four separate
driveways and entrances along this section of
General Booth, the ADOPTION of the Conditional
Use Permit shall be with the understanding that
at such time as the other Droperties are
developed, all properties shall contribute
equally to a right-turn lane.
ITEM # 29544, Page 25
ORDINANCE UPON APPLICATION OF CARROLL S. & CORA P.
GILES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO B-2 zo6881202
The first sentence on Page 25 shall be AMENDED to
read:
The following conditions shall be required at the
time of any additional activity on the additional
property being rezoned o developed.
Condition No. 3 shall be AMEIIDED to read:
3. l@o outside auto repair work or outside storage
of oarts will be permitted where it may be seen
by ihe public from the highway.
ITEM # 29545, Pages 27 and 28:
Ordinances upon application of ROBERT W. WHITE,
SR., TRUSTEE URDER WILL OF WILLARD L. WHITE AND
ELIZABETH H. WHITE, MARGARET L. WHITE, RICHARD L.
WHITE, ROBERT W. ViIiITE, JR., KATHRYN W. UTLEY AND
ROBERT W. WHITE, SR. FOR CHANGES OF ZONING
Under the words "The following conditions shall be
required", Condition No. 3 shall be AMENDED and
Condition No. 4 shall be added:
3. The drainage ditches shall be enclosed adjacent
to the residential properties dn Redwing and
Dunwoody or Dam Neck Estates (the way it is
shown on the plat).
4. As meny trees as possible that are presently
existing adjacent to those residential
neighborhoods shall remain on the property.
- 17 -
Iter!i IV-E.1
MIIiUTES ITEIL j@4 29581 (Continued)
Under the words "The following conditions shall be
required prior to the changing of the official
zoning maps:", A14END Page 28, Conditions 7, 8, and
9; and, ADD 10 as follows:
7. Before the final plans for the extension of
Estates Drive to London Bridge @ioad are
activated, they shall be returned to the City
Council. This is deemed to be a part of the
Traffic Analysis.
8. The Design Criteria Book to be used for
guidelines and covenants shall be developed and
returned for the City Council's review and
approval within approximately three (3) months.
9. The design criteria shall include planning,
procedure and consequences ol- non-compliance.
10. Those individuals who will review tlie design
criteri-a shall include individuals knowledgeable
of architecture and @landscapiig as well as
engineering.
Mayor-Elect Obe-ndorf advised it was incorrectly stated Mayor @obert G. Jones
was ATTENDING the NATIONAL LEAGUE OF CITIES MEETING. 14ayor Robert G. Jones
was ATTENDII@G the U.S. CONFERENCE OF MAYORS MEETING in Salt Lake City.
Voting: 10-0
Council Members Vo-uing Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
i
Harold "eischober, Barbara II. @ienley, Reba S.
!,IcClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Ilay:
lione
Council @@,embers Abstaining:
Mayor Robert G. Jones
Council i4ei,@bers Absent:
',lone
*Mayor Robert G. Jones ABSTAINED as he was no@, in attendance duri,ng the City
Council Meeting of June 13, 1988.
- 18 -
Item IV-F.I.
CITY MANAGER'S REPORT ITE14 # 29582
LYNIiHAVEN BOAT RAMP COMMITTEE
The City Manager introduced Carl L. Herring, Chairmpn, I-Tho presented the
LYNNHAVEN BOAT RAMP COMMITTEE REPORT. (Said report is hereby made a part of
the record).
The Cit,, Council in 1987 became concerned over recreational boating access in
the Lynnhaven Basin. In order to address these concerr-s, the Lynnhaven Boat
Ramp Committee was created on August 24, 1987. The Corimittee recommended
that a boat launching facility of three double lanes and accompanying
catwalks be constructed on @he Lynnhaven Spoil Site adjacent to the Lesner
Bridge. This would serve adproximately 200 to 240 cars with trailers.
Current estimated cost for such a facility is $1.3-Million. There was
considerable concern from the neighborhoods adjoining this property over the
impact of 24-hour usage of the boat ramD, and the Comiiittee resoectfully
requests that this be reviewed on a quartex-ly basis by the City's Commissdon
on Parks and Recreation. If the 24-hour usage becor.,Ies a detriment to the
community, then City Council should act inmediately to ameliorate the
problems. The LYNNIIAVEN BOAT RAMP C01414ITTEE recommended this be a pay-for-use
lacilitv. Plans are to allow parking for si-ngle cars in order to utilize the
adjacent area for the multi-purpose uses of badminton, et cetera, in that
part-@lcular area. If the City would charge the going rate of cars with
trailers: $5.00 or $6.00, the City could cliarge: $2.50 to $3.00 for
individual cars to park. This would render an estimated $6o,ooo to $70,000 a
year income for the City.
The LYNNHAVEN BOAT RAMP COMMITTEE reco,,nmended the City Council appropri,ate
$15,000 to match an existing Capital Improvement Program (CIP Project @4811)
currently authorized $15,000 for prelimi,nary engineering work, and that
negotiations be instituted with the Corps of Engineer to release a.'l existing
easement over this property for use as a spoil s4@@le.
There are over 11,000 boats registered in Virginia Beach.
Judith Connors, -,@'lember o" the LYt4NHAVEN BOAT RAMP COMITTEE, had reiterated
the concerns of the Ocean Park Civic Le@qgue.
Councilrian 14oss requested documentation of income gen--ratio-'l if thi,s site
would be utilized by City ilegistered Vehicles only.
- ig -
Item IV-G.l.
ORDINANCES/RESOLUTIONS ITEM # 29583
Upon motion by Councilwoman McClanan, seconded by Councilwolqan Parker, City
Council ADOPTED, AS REVISED:
Ordinance to AMEND and REORDAIN Section 2-16 of the
Code of Virginia Beach, Virginia, re organizational
meetings of City Council.
Paragraph 3, Section 2-16 shall be revised as follows:
Section 2-16. Organizational meetings.
At an reorganizational meeting of a newly elected council, the Clerk
of the Circuit Court shall swear in the Mayor and the newly-elected
Council, and the Mayor of the City shall preside for the purpose of
electi.ng a Vice-Mayor.
Voti.ng: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. 14oss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 2-16 OF THE CODE OF THE
2 CITY OF VIRGINIA BEACH, VIRGINIA,
3 PERTAINING TO ORGANIZATIONAL
4 MEETINGS OF CITY COUNCIL
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 2-16 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained to read as
11 follows:
12
13 Section 2-16. Organizational meetings.
14
15 At an organizational meeting of a newly elected
16 council, the clerk of the circuit court shall swear in the mayor
17 and the newly-elected council, and the mayor of the city shall
18 preside for the purpose of electing a mayer-and vice-mayor.
19
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 20th day c)f June 1988.
22
23 JDB/epm
24 05/25/88
25 06/14/88
26 06/20/88
27 CA-88-2748
28 ordin\proposed\02-016.pro
29
- 20 -
Item IV-G.2
ORDINANCE ITEI@ # 29584
Chief Harry Diezel, respoided to City Council inquiries.
Upon motion by Vice Mayor Ober,-idorf, seconded by Councilwoman Parker, Ci,ty
Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 12-5, 12-
7, 12-8, 12-9, 12-43 and 12-43.1 of Chapter 12 of
the Code of the City of Virginia Beach, Virgiiiia,
re the Fire Prevention Code.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. BauTq, Robert E. Fentress,
l,larold Heischober, Barbara M. Henley, ilayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
14ancy K. Parker and John L. Perry
Council Members Voting liay:
Reba S. McClanan
Council Members Absent:
None
A@.
ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 12-5, 12-7, 12-8, 12-9,
3 12-43, 12-43.1, OF CHAPTER 12 OF
4 THE CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO FIRE
6 PREVENTION CODE
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Sections 12-5, 12-7, 12-8, 12-9, 12-43, 12-43.1 of
12 Chapter 12 of the Code of the City of Virginia Beach, Virginia,
13 are hereby amended and reordained as follows:
14
15 Section 12-5. Fires on beaches.
16 It shall be unlawful and a Class 1 misdemeanor for any
17 person to set fire to or to procure another to set fire to any
18 wood, brush, logs, leaves, grass, debris or other flammable
19 material at any time on the sand beach of the Atlantic Ocean
20 extending north from the city boundary at the North Carolina
21 state line to the boundary of Fort Story and on the sand beaches
22 of the Chesapeake Bay extending west from Seashore State Park to
23 the eastern boundary of Little Creek Amphibious Base, without
24 written permission from the fire official. Application for such
25 permission shall be submitted no less than 15 days prior to the
26 proposed date of such burning
27 the--5im-nd- @-t-@-ehesapeake-i3ey--l-ri@ -Wit&@r--ectirt
28 on-the-ee-s+- and -K-1@
29 1 -1 - 0 E)-JD-. -a 7m7- on- -on - t he- @f--the
30 Atiantic-@-and- @-O&Y - -i@ @ - f3er@gh-s- Bays -ide 7
31 i3ynnhaven7-Princess-Anne-and-that-partion-ef-the-Beredgh-of-Punge
32 extending-@-t+r- -L-he--5ou-t-h,".n-
33 bittle-island-in-the-city.
34
35 Se rt - -1-@ Ex-t-i@tti sh-i@ - @rt - -f-i- te s- -be-f
36 unattendedt
37
38 Any - @-S@ @ -2titet 11- b'di -1 d- i M - +-h@ -a7i-r--or
3 9
40 atich-fiTe-@+ -Prrry -L5&raort - f a i Ii n g
41 be- -g tt i7 It y- @f- - 4
42 faisdemeamor7
4 3
44 See-t-i@--12 8. ---T3nd@@
45 liquids--Testing-generallyT
46
47
48 the-C-ity-Wh@@ gkn
49 f, - -f t-e s t- - isdeb-
50
51 protection- -1- -t-he -,&V,"t-
52 -1- @ a t - -1 ea s t - -f-@-e5,y-yearsT
53 -1 n - -t@ @ -errty - t a nit - -i@ -test
54
55 b e - @d-U@ed- -i@ @ -P 0 ft il e- @-&f- -f-i7@ -p@@ t- i-&rr - 0 r
5 6 his- -r-epr e s e rtt-& L- a n y - does --n@- -the
57 above- -t-hat
58 5 uch- +-@- -@ -IL-ftiti7itg +-h@ t- - er- @@-Blake
59 the-necessaty-repairs-er-remove-such-tank-withim-forty-eight-f4et
60 hours-.
61
62 ehief-@-Eire- +-+r&r@ -d mdet gr "nd- -of
63 flammetble-licitiids--i-n-ekny
64 protection- -1- -serve - @@ -*irt-it@rt - -t@- e n- -OWnerS7
65 @trftcl--t-&rtk-a
66 containing-@ -seepage
67 existsv --- upon- @-of- -notiCe7-@-OWnetS7- -Or
68 Pp eadse-tests-,-@ ;--to
69
70
71
72
73 cattse- tests -or--r @-the- @-8t2ch
2
7 4 OWftef7-@-t'h@ COST-- --she Ii: - -of
75
76
77
78 fat --- A-1-1--ab -tinde rg reti nd
79 tanki5--rt@-- -f-lammab3:e
80 E-o r. - e mp 1 6a ive
81
82 ttnr@
83
84 -abandoned
85
86 f
87
88 a
89 re
90 preL-ect-i:on-fnety -of
91
92
93
94 Section 12-43. Amendments.
95 (a) Generally. The fire prevention code adopted by
96 section 12-41 is amended, modified and changed as set forth in
97 the following subsections of this section.
98
99 Section F-301.7 is hereby amended to read as follows:
100 Section F-301.7 Location Requirements, Open Burning.
101 The location for any open burning shall be as directed
102 by the fire official but shall in no case be less than fifty (50)
103 feet from any structure, and provisions shall be made to prevent
104 the fire from spreading to within fifty (50) feet of any
105 structure. Burning in approved containers shall be permitted not
106 less than fifteen (15) feet from any structure.
107
108 Section F-1902.2 is hereby amended to read as follows:
3
109 Section F-1902.2. Special Dispensers, Motor Fuel.
110 No gasoline or other motor fuel shall be dispensed at
ill or in any public filling station or other location accessible to
112 the public by any coin or currency or card operate pump or
113 dispensing device.
114
115 Section F-1905.2 is hereby amended to read as follows:
116 Section F-1905.2. Shipbuilding, Repair and Lay-Up.
117 Shipbuilding, repair and lay-up facilities shall be in
118 conformance with National Fire Protection Association Pamphlet
119 312 (1984 edition) which is hereby adopted and incorporated
120 herein, of which three copies have been and are now filed with
121 the office of the city clerk.
1 2 2
123 Article 27. Fireworks.
124 Addendum 5 of the Virginia Statewide Fire Protection
125 Code is hereby deleted and there is hereby adopted in its stead
126 Article 27 of the Building Officials and Code Administrators
127 (BOCA) National Pire Prevention Code 1987 edition, as may be
128 amended.
1 2 9
130
131 followst
132
133
134 --any
135
136
137 s+gnificant- @@-@--damage
138 &s
139
140
141 comm-it--strch- -f-a:@ - a -1 a r m a
142 -4@@rtt-9--&Md
143 posses-s-ion
4
144
145
146
147 d
148
149 2
150
151 c h-a-r@ -,5-f - -a n y - -Pitrtr i ca @r@&L- n c e
152 re I a t i n g - to- -t@ @ @r- - c f
1 5 3 Sd@ - -f- i- r @)t P-i@ i7 O@i- - @rt d
154 pre-s-&r@- r t c e
155 p r o p@1-y
156 processedv
157 P-10274-f-i-r@
158
159
160
161 --t@-public
162 89
163 otherwitet
164 fdt--Section-F-1047i-is-hereby-deletedT
165 tet---
166 Eellows-
167
168
169 th e--f-kr-e - -i7rt@L-i7 L-tt L-L- - eg& 1.
170 proceedings--t@-@@@i--carrect-@- a ti c h
171 r e el u 4 -r @ - r e m 0 v tL-1 - - 0 r - rift @rt a L 47 0 Ti -
172 bttildings-@-@ t h e - t h i
173 code-@-@f--any- p u r s tt a n t- - T i-I e
174 t empe t a r y - a - I+-not-@@- -fi7re
175 efficiai--f-r@- -&pp@p r- ia7@ - a c t -i 0 n - -i@
176
177 vielationt
5
17 8
179 E0116WST
180 r, e -'F?t e
181 impas it ion - -t-he -pe n-a-Itie s- -&L-!ter@@ed - -5@-i- -prevent
1 8 2 t- h e - -f -i -re- -@L- @rr - L-(5 - p r e v e n t
18 3 ti n -1 -awf@- - t-@ n -@r- - @t-r-a i7 m-, --ce r re@- - e-r- -a b a+ @ -a
184
185 2 t tttet u re- or -
186
187
188 foliawst
189 -PI-&rr - - - .1 t
190 shall-be-the-responsibiiity-of-the-owner-or-his-agent-to-premptly
191 updd+e- -L-he- -f-i-r-e - ev aed.&-t-i@ - p-ro c e d u r,"- -tipen
192 chang es- -@ -,Dccdpancy7 -
193 se-fety--pian- and- t-@it -
194
195 fht-- 4@ -he @by, - a me n d e d - h e
196 foliewing-definitiont
197 evercrowdingt--
198
199
200 of-egress7
201 fit--- -i@ - F - 3 6 I i - am e n e d - a s
202 fo+iewst
203 P - -3 6 -1 -. -1- -6 e n e r a .1 - - - -
204 pr@@@@ --- L- e d - - i n
205 acee-rd-&-nee
206 -ires-mdy-@ @fti-Y' - ti n d e r
207 t h @@-and- a n y - @-r- a w s
208 adepted-by-the-cityT
209 3 0 i 7 2 - +ter@ - ame n d e d - a s
210 followst
211 P - 3 0 i 7 -2 - ile-r in-i t -
212
6
2 13 maintained-@-@-prerfti:ses-@ -obta i ned -
214 other-pr@- @-f-@-t-he mits
215 shall-@ -by-eLnd--i @ -t-@ -owner - &f- tt PO n
216 which-the-bonfire-is-to-be-kindiedT-or-his-autharized-agentv
217 3 0 5 73 - -amended - @ --r@-as
218 followst
219 -etnd
220
221 the--i@+-
222
223 fit--Section-P-36873-is-hereby-deletedT
224 @-P-31-2.;-&-i7a-hereby
225 added-to-read-as-followst
226 SEeTiE)N-F-3+/-270-APPRE)VAb-E)P-EbEeTR+eAh-14ATERiAbs
227 AND-BQF91PMEN-P
228
229 F--3-1-2-.-l --- -.f 0-r--i-irght
230 -and- -discharge--i --it
2 3 1
2 3 2
2 3 3 device7-@4@-(5r-@ -designated-@-intended--f@-the
234 con2UMPtiOn7-
235
236 -materi:ai.-f
237 deviceT-@-i@@r--equipment- -1- -been- @-the
238
2 3 9 at+.a
2 4 0
241 EquipmentTu
242 P-3i272 --- Prereqdisite- -installation- -connectiont
2 4 3
244
245
246 -etiftent--trrless - -wi:ri:ng7
247
248 been- as - -s@- -in-
249
7
2 50 and- -by - @l-@ -zerv-ice- -i@- the -i r
251
252 1-.- - -Arty -fr L-arftp -or - let bel
253 aff-ix@--t-a- any- @@i- - tLpp-l-i@ - 0 r
254 equ ipment - i md4,ea+-i ng- -pr-im& -Eae@- e v idence
255 that-the-sarne-complies-with-the-provisions-of-this-sectiOM7
256 fnt --- @-i@ - P- 4 0 07 2- -anie nded - -r@ -a s
257 followst
258 i n s
259 -or
260 extendedT-tL-@@@@-be-seeured- iciai:-.
261 Plans-@ -and- @-the
262
263 Section- -te- -as
264 followst
265
266 f-eed- 1--dwei:iing
267 @-f-@@-stippress-ion
268 syste@-!thail-@- -an -an" -f-i-re--atippressi:on
269 systemt
270 fpt---
271 followst
272 P-40@71 --- -14 -fire
273 extinguishing-@ 5-ize-@-t-ype
274 shal-1--be
275 installed--i@
276 access-ib3:e--t@ tile-accupants--&f- -w-ith
277
278 extingu-ishers- a!l -agency
279 licensed-to-conduct-business-w+th+n-the-cityv
280 fqt-- @.@--A--new @.-&-@-hereby
281 added-as-followst
282 i:re
283 extingtti:shers-shal+-be-2-At-20-BteT
8
2 8 4 frt--- -ame nded- -r@ -as
285 fo-liawat
286 -lobby
287 -1-@-metrked
288
289 Fire--Bo-@-ttae-@ -of-@@-section
290
291 fst---
292 followst
293 P-6067+/---
294 f r om- -t-ite - 1- i: rtg a n 8
295
296 ftt--- -amended-@--f@-as
297 E(51lowst
298
299
300
301 emeh-werking-dayt
302 fut --- iseet4l"-@ -+ -i-s- -C-0- -fks
303 followst
304 P-16e6T4 --- i"-t-i@ -e f- - r --- Baeh
305 pi:aee-@- ftn
306
307 number-@- -wi-t-iti-rr-such- spece.-- -rrtm@f--of-
308
309
310
311 provi:ded- as Th&-@-or
312 @@-tind -maintai:ning
313 such-signst
314 -as
315 fellows-.
316 F-i6627iT2--E)verhead-decorative-materiaIT--All-everheael
317 decorative-mater-ia-1--5@
9
31 8 -by
319 acceptable7-approved-fnethodsT
320
321 added-as-f6liowst
322 -and
323
324 adeqdate-size- -in-such
325
326 htndred--( @rees as
327
328 @-etnd -t-effL-- -for
329 verifieetiont
330 (xt--Section-P-160274--A-new-sect@n-F-160274--is-hereby
331 added-es-fallow5-
332
333
334 ttniess-approved-by-the-fire-officialT
335 fyt--
336 hereby-added-as-follewst
337 -merr-be
338
339 mat@nally-appreved-testing-laboratery-and-meet-with-the-appravai
340
341 fzt-- @-P-16027472--@-new- -i@ @@2-. +r2- - i a
342 hereby-added-as-fallowsT
343 P-16027472 --- b4gh+-iTig- on i3-ight-ing
344 trrr-l@ - -t@ - tL r @ - i n
345 i7f- i e a t -i@- - of - -a -
346 testing-agencyt
347 f aett--
348 hereby-added-as-followsT
349 P-16047671 --- -Iilhtingt --- -emergency
350 lighting-
351 assembly-.f
352
10
3 5 3 source-t@
354 prirnary-power-lesst
355
356
357
358 conf
359 -the
360 total-amount-dc)es-not-exceed-one-hundred-twenty-ti2et-gaiic)nsT
3 6 1 feet --- -te- -as
362 foilowst
363 P - i -7 'H-. -2--- Sie c
364 ?Ite
365 devi@-f-or
366
367 g a a e I i n e - -i@@r--other
368 mator- +11+ng
369 Sttkt4O'M-,--Of
370 any-@ i-@r--other
371 dispensing-devise7-@-@@ -L-@-owrter-r-lessee
372 a r - -a- @@r.-I:essee
373
3 7,4 th@-d-i-S i7ftg--&f
375
376
377
378 recluired--s @75-ion i7a7@-terffti:nat4:en
379
380 fddt- @-7-0-3-.-3- - @!t - -ametided--@- -as
381 fellowst
382 F-176373-@ @.----Bispenser- --f@-self-service
383 Etteling- h a t
3 8 4 leeks-the-.ntn-z-l@-i@ an
385
386 feet --- Section- -as
387 followst
388
3 8 9 et tit emo ti ve - gr aveytir dT - -ma7@r-i-a7l- -hart& 1- irtg - p la n t
39 0 shall-@-ioeated- as tkdj 0-i n7ilig- @ -a@a cent
391 property-@ @-be--f s tich- @r- -8 5 -sa i:d
392
393 er
394 st r det d re - -f -ee mnect ion - w-ith- @-yarrdi--@unkyard7
395 -aft& -!E i re
396 of-f -t-he-
397 provisions-tnder-this-section7
398 Section- -+e- -ats
399 followst
400
401 discarded- @@i- - a n y - V&@ - u n k - @r- - w a s t e
402 material-is-hereby-prehibitedv
403
404 followst
405 P-240175-@@ 1- - pr oddet-si -A- -per6"it - -1--not
406 s t a r e - @i- - 9 t r a w - s i m i I a r - --prodticts- -to
407 bui3:di:ngs- or -herirent&3:
408 distance- -between
409
410 Sterage-
411 ca@pyr--Sueh
412 storage- -of
41 3
41 4
41 5
416 agriettitdral-steraget
417 fhht- -as
418 follows-
419
420
421 -sa-le-F
422 -display
12
4 23 -a7pp@@-wit-it-the
4 2 4 pe rmi t -@r- - +-+Ia-t- -only-. -herettnder
425 shall-not-@-t-r -1- -@riftkt--be-extended
426 beyond-the-dates-set-att-thereinT
427 f i:4:t- -as
428 followST-
429 t--f-"-dmderground
430 a1/2-1,ed--in
431 residential-a-reas-, --t@-i
432
433 @--isqued
434 bef 1-1- -bt- -ff ttbm @ t tL-d - t a
435 t h e - -f-i-r@ - a n d - wf-i t-t e n 1- @t-& -pr4:er
436 te-ec5veringT
437 fl@t --- Sect-ion- -to- -as
438 foli(DWST
4 3 9 P-2904vS --- 'Pea t- irtg r -*1-1- -d tilde-f -f '*'d nd- @-liqttid
440
441 offici:et+7
442
443 Eel-lowsT
4 4 4 P - -2 9 , B, 6 -. -1 -. -1----
445
446 A-.
447 feet-frefa-the-doer-opening-inte-any-interier-storage-reamT
448 @L-i-&rr -F--29,B-7-.-I-.-2- -@ -herL-by - @-adding
449
450 Portable-@1---f-i-r@-exti:nguisher
451 requirementt-- -m@a7l--fire
452 e X t 'i lig'd-i@@ - eqd-i - 5,1/2 .8 -1 -1- - b e
453 previded-for-each-tank-vehiele7--At
454 @iter
4 5 5
456
457 pri5videdT
13
4 58 f mmt--- -i@-P-310475 --- *--new-
459 hereby-added-as-followaT
460
461 sha .1 4: - f- rem- -and-
462 no-n t-i - -t-hat- -wi -1-1- - a-l-l@ - & 1- et 1-
463
464 within-the-enciesdret
465 f nnt---.A
466 ttnder-uFire-Protection-Systems@-the-fallowingt
467 &-f-or
468 a t! a@- - -Us e
469
470
471
472 a -f-@@ - a u pp r e a s i o n - -i ys t em-
473
474 f
475 suppressien- -and
476 eqU:PPed-.t@ -&r -'f -ir e BLtPp@-a
477 !F-ireT
478 fbt --- For-
479 -@-the
480 top-ef--t@@ -@f- -be@ - o f - d- -f-l-&t- i-@-@-meatn-i:eve3:
481 of--t@@ a b I e - -o f, - -8- @ -r 0 c5 f- - -i-f- @ - b tt 4: 3: 8 i: n g
482 -&e -ffte a s tt t e f- r em
483
484
485 to-be-in-addition-to7-and-not-in-lieU-Of7-ather-IaWS7-ardinanees7
486 -or
487 niaintenance-cf-fire-suppression-systemsT
488
14
4 8 9
49 0 Adopted by the Council of the City of Virginia Beach,
4 9 1 Virginia, on the 20th day of June 19 88.
4 9 2
493 WEB/epm
494 03/31/88
495 05/04/88
496 06/03/88
497 CA-88-2690
498 (ordin\proposed\CHAPT12.pro)
15
- 21 -
Item IV-G.3.
ORDINANCES/RESOLUTION IT@l ii@' 29585
Robert Loher, Director of Permits and I.,lspections, advised the amendment would
still limit lettering on a@ming signs to six inches in height, but only on the
end portions of aw-,iings. The front of an awning could contain lettering of
any size, so long as it did not exceed applicable restrictions set forth in
RT-1 or RT-2 sign regulations as the case may be.
Upon motion by -louncilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to AMEND and RFADOPT the Resort Area
Facade Program Design Guidelines re permi,tted
awning signs.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,'@
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Counci.1 Members Voting Nay:
John L. Perry
Council @,iembers Absent:
i\Tone
*Verbal Aye
1 AN ORDINANCE TO AMEND AND READOPT
2 THE RESORT AREA FACADE PROGRAM
3 DESIGN GUIDELINES PERTAINING
4 TO PERMITTED AWNING SIGNS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Resort Area Facade Program Design Guidelines
8 are hereby amended and readopted, to read as follows:
9 8. ENCROACHMENTS SHOULD BE KEPT TO A MINIMUM.
10 Fixed, rigid frame awnings may be placed over facade
11 openings if needed for sun or weather protection. Awnings should
12 be designed to complement the architectural features of the
13 facade and not overwhelm the building or the street. Signs on
14 awnings are encouraged but will be considered a portion of the
151 building sign allatment surface area allowance. A maximum of six
16 inch letters sheuld may be used as signs on awning-signs ends of
17 awnings. Lettering on the front portion of awnings may be of any
18 size except as limited by applicable City Zoning Ordinance sign
19 regulations. Recommended size of awnings is:
20 WIDTH-- 85% of the front footage of the facade
21 (recommended), and the awning is not to extend to the property
22 line or edge of the face of the building.
23 EXTENSIONS-- three feet beyond the face of the facade
24 (maximum).
25 BOTTOM HEIGHT-- eight feet six inches above the
26 sidewalk grade (minimum) with additional eight inches allowable
27 for a valance.
28 There may be unusual situations where the recommended awning
29 width and height may not be possible, in those situations it is
30 important to ensure that the awning dimensions are compatible
31 with the adjacent buildings and awnings.
32 The attached list of recommended awning colors should be used to
33 coordinate awnings with other colors on the street.
34 NOTE: APPROVAL FOR ENCROACHMENTS IN THE PUBLIC WAY IS REQUIRED
35 FOR AWNINGS RECOMMENDED IN THIS GUIDELINE.
36 Many of the resort area buildings include facade elements which
37 overhang the public right-of-way, these elements include roofs,
38 canopies, awnings, marquees. Encroachments for these elements
39 may be considered based on the following criteria:
40 ORIGINAL PART OF STRUCTURE- overhanging elements must
41 be an integral part of the original building structure. The
42 encroachment applicant is responsible for providing appropriate
43 information relating to the design and construction
44 specifications of the overhanging elements.
45 UNREASONABLE DAMAGE- overhanging elements should be
46 permitted only if the property owner can demonstrate the removal
47 would cause unreasonable damage to the building.
48 Overhanging elements or portions of the elements should not be
49 permitted based on the following criteria:
50 SIGNS- no signs allowed on overhanging elements except
51 as identified in the awning guidelines.
52 VISUAL SUPPORTS- overhangs supported by cables and
53 other structural supports which are visible from the exterior of
54 the building are not permitted.
55 DIMENSIONS- width, bottom height, and extension should
56 comply with the awning dimensions outlined above. In some cases
57 compliance with the recommended dimensions may be modified and
58 permitted based on structural and/or design consistency,
59 considerations for public safety, and coordination with adjacent
60 buildings.
61 All other portions of the Resort Area Facade Program
62 Design Guidelines, except as specifically amended herein, are
63 hereby readopted.
64 Adopted by the Council of the City of Virginia Beach,
65 Virginia on the 20th day of June 1988.
66 WMM/dhh
67 06/13/88
68 NCODE\FACADE.ORD
AMC)VFI. @'L:CAL
2
Li
- 22 -
Itei-q IV-G.4
ORDINANCES/RESOLUTION ITF2@ 4 29586
OPPOSITION:
Roland E. Hargrove, 2369 Princess Anne Road, Phone: 427-2938, advised this
acquisition would literally destroy Princess Anne Village wliich is over 100
years old as well as the home of Bessie S. Kellam. Roland Hargrove suggested
the installation of a tra@@fic signal at Kellam-Eaton at the intersection of
North Landing and Princess Anne Road which will break the flow of Traffic on
Holland.
Bessie S. Kellarq, 2372 Princess Anne Road, Phone: 427-2424, advised other
proposed roads will lessen the traffic. If this project is approved, the City
will take fifteen feet as their right-of-way i-n her yard with an additional
fifteen-foot easement for VEPCO. Bessie Kella,.n was not aware of this until
June Third. Three trees would be lost in the City right-of-way and another two
trees would be lost in the VE-CO easement.
Jacqueli,ne Bonney, 2356 Princess Anne Road, Phone: 427-3602, requested this
action would destroy the character of their historic nei.@hborhood. The
installation of this light would not solve the present traffic problem.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DENTED:
Ordinance to authorize Acquisition of property in
Fee Simple for right-of-way for Holland
Road/Princess Anne Road; and, the Acquisition of
TemDorary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
This motion will include increased hours of manual traffic control at this
intersection. The City Manager and Staff will evaluate the actual traffic
counts and return to City Council with a recoamendation at the City Council
Meeting of June 27, 1988.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. Mcclanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parlier and John L. Perry
Council Members Voting Nay:
Albert W. Balko and John D. Moss
Council Meribers Absent:
None
- 23 -
Item IV-G.5.
ORDINANCES/RESOLUTION ITEIL # 29587
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $990,000 to the Water and
Sewer Operating Budget in the Water and Sewer
Enterprise Fund for the purchase of Holland
Utilities; and, to authorize the City Manager to
enter into a contract for the acquisition of
Holland Utilities.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara @l. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and liancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF
$990,000 TO THE WATER AND SEWER OPERATING BUDGET
FOR THE PURCHASE OF HOLLAND UTILITIES AND TO AUTHORIZE
THE CITY t4ANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE
WHEREAS, in 1977, the Mayor's Water and Sewer Coninittee recommended
that the city acquire all of the non-city owned water and sanitary sewer
utilities within Lhe city, and
WHEREAS, on February 24, 1986, the City Council authorized a study to
provide a valuation of Holland Utilities sewer facilities with the report issued
on September 10, 1986, and
WHEREAS, Holland Utilities is currently suing the city for purloining
customers with the suit pending litigation, and
WHEREAS, Holland Utilities has offered to sell the utility for a
purchase price of $990,000, and
WHEREAS, based upon the report of the consulting firm, and with the
potential damages that may occur through litigation of the law suit, it would be
prudent for the city to purchase Holland Utilities, and
WHEREAS, the amount of $990,000 needed to purchase Holland Utilities
may be obtained from the Water and Sewer Enterprise Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that f.nds in the amount of $990,000 are hereby appropriated from
Retained Earnings to the Water and Sewer OperaLing Budget in the Water and Sewer
Enterprise Fund for the purchase of Holland Utilities.
BE IT FURTHER ORDAINED, that the City Manager is hereby authorized Lo
enter into a contract for the acquisition of Holland Utilities.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1988.
FirsL Reading: June 20, 1988
Second Reading:
- 24 -
Item IV-G.6.
ORDINANCES/RESOLUTION ITE@L # 29588
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $262,478 from excess
appropriations from various completed projects to
Project #2-062 Ocean Park Beach - Site Acquisition
for use as a secondary spoil site for dredged
material from Lynnhaven Inlet and replenish Ocean
Park Beach.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Ma,,or Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker*
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
"Verbal Aye
1-
z
0
AN ORDINANCE TO TRANSFER FLJNDS IN THE AMOUNT OF $262,478
0 TO PROJECT 2-062 OCEAN PARK BEACH-SITE ACQUISITION
TO ESTABLISH A SECONDARY SPOIL SITE
AND TO REPLENISH THE OCEAN PARK BEACH
WH REAS, the City of Virginia Beach desires to acq.ire certain property in
Ocean Park for the establishment of a secondary spoil site for dredged material
from the Lynnhaven Inlet and aL the same time, replenish the Ocean Park Beach,
and
WHEREAS, capital improvement project # 2-062 Ocean Park Beach-Site
Acquisition was established to fund Lhe acquisition of said property, and
WHEREAS, an agreement has been reached to acquire the Ocean Park Beach
i@,operty for $462,500, and
WHEREAS, project # 2-062 Ocean Park Beach-Site Acquisition has a batance of
$200,022 and an additional $262,478 is necessary to f.liy f.nd the site
acquisition, and
WHEREAS, the additional fnding necessary for this project may be provided
from the transfer of excess appropriations from completed projects; # 2-001
Indian River Road Box Culvert, # 2-406 Diamond Springs Road, # 2-408 North
Witchduck Road and # 2-707 Princess Anne Road Phase 11.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINLA BEACH,
VIRGINIA thal f.nds in the amount of $262,478 are hereby transferred to Ocean
Park Beach-Site Acquisition project # 2-062 from the projects listed below to
provide the funding necessary to acquire property at Ocean Park Beach.
Project Amount
2-001 Indian River Road Box Culvert $27,478
2-406 Diamond Springs Road 30,000
2-408 NorLh Witchduck Road 65,000
2-707 Princess Anne Road Phase 11 140,000
TOTAL $262,478
This ordinance shall be effective from the date of its adoption.
Adopted by the Co.ncit of the City of Virginia Beach, Virginia on the
2 0 t b- day of Jiine , 1988.
- 25 -
Item IV-G.7-
ORDINANCES/RESOLUTION ITEM -T,' 29589
Upon motion by Counci,lworian Parker, seconded by Councilman Moss, City Council
ADOPTED:
Resolution to award a LOW BID to APAC-Virginia,
Inc. in the amourt of $4,106,022-04 for
Independence Boulevard Phase IIA (CIP 10064) and
Phase IIA-I (CIP 2-082).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, iiayor Robert G.
Jones, lieba S. @IcClanan, John D. Moss, Vice @llayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council lleijbers Absent:
John L. Perry
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach Capital Improvement Plan
provide5 for the construction of certain roadway improvements
identified a5 Independence Boulevard Phase IIA (CIP 2-064) and
Independence Boulevard Phase IIA-I (CIP 2-082; and
WHEREAS, the contemplated roadway improvements are needed
and are in consonance with the City of Virginia Beach Master
Street and Highway Tran5portation Plan; and
WHEREAS, 1986 Bond Referendum funds have been appropriated
and are available for construction of the roadway facilities
identified as Independence Boulevard Phase IlA (Holland Road to
Lynnhaven Parkway) and 19BO Bond Referendum as well as 1988
Revenue Sharing fund5 have been appropriated and are available
for construction of the roadway facilities identified as
Independence Boulevard Phase IIA-I (Lynnhaven Parkway to Princess
Anne Road);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the contract for construction of an additional two
lanes to form a four lane divided arterial highway from Holland
Road to Prince55 Anne Road, in accordance with the approved
design by Miller-Stephen5on A5sociates and entitled "Construction
Plans of Independence Boulevard Phase IIA and IIA-I for City of
Virginia Beach, Virginia," be awarded to the low bidder, APAC-
Virginia, Inc.
ADOPTED: June 20, 1988
- 26 -
Item IV-G.8.
ORDINANCES/RESOLUTION ITEiq # 29590
Frederick Stant, Jr., 900 Sovran Bank Building, Phone: 473-5308, represented
the applicant. Frederick Stant requested DEFERRAL as notice was only received
on Wednesday, June 15, 1988, and a CONFLICT OF INTEREST might also exist.
Upon motion by @.ouncilman Fentress, seconded by Councilman Moss, Oity Coiincil
DEFERRED until the City Council Meeting of July 11, 1988:
ENCROACHMENT
Stephen Y. Yee (Golden Dragon Restaurant)
Existing free-standing and roof signs at 2914
Pacific Avenue
Vo@@ing: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, RoberL E. Fentress,
Harold Heischober, Barbara i4. Henley, llayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Ober-qdorf, Nancy K. Parker and John L.
Perry
Council Members Votiig Nay:
None
Council i@embers Absent:
None
This item was MOVED FORWARD to the first item under ORDINANCES/RESOLUTION
- 27 -
Item IV-G.9.
ORDINANCES/RESOLUTION ITEM 29591
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED:
Engineering Standards - Proposed Changes
The following pipes shall be allowed for storm
water sewer installations:
Concrete
Fully bituminous coated corrugated steel
Fully bituminous coated Fiber-Bonded corrugated
steel
Corrugated aluminum alloy
Poly-vinyl chloride ribbed sewer pipe (smooth
interior)
Polyethelene double wall pipe (smooth interior)
Fully concrete lined corrugated steel, bituminous
coated
Aluminum smooth wall spiral rib
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council -ivlembers Voting Nay:
l,lone
Council Members Absent:
John L. Perr5,
- 28 -
Item IV-H.
CONSENT AGENDA lTv-M # 29592
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED i,n ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, and 16 of the CONSFMT AGENDA.
Item 1 was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy X. Parker
Council Members Voting Nay:
lione
Council Members Absent:
John L. Perry
- 29 -
Item IV-H.l.
CONSENT AGENDA ITI!14 @' 29593
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED, AS REVISED*:
Resolution establishing a Unified National Strategy
for the control of the flow of Illegal Drugs.
*The sixth Paragraph shall be eliminated relative
the support of the twenty-five point strategy. The
words "the twenty-five point plan" shall be deleted
on the fifth line of the eighth paragraph after the
words "support of". The word "it" shall @-oliow the
words "support of" in the eighth paragraph.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. 14cClanan, John D. Dloss, Vice @layor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry*
Council Members Absent:
None
*Councilman Perry ABSTAINED as he was not present during the discussion of the
Resolution
RESOLUTION CALLING FCR THE ESTABLIS114ENT OF AN
UNIFIED NATIONAL STRATEGY FOR THE CONTROL OF
THE FLOW OF ILLEGAL DRUGS
WHEREAS: Illegal drugs are a critical international problem
affecting the people of our nation clearly equal to other national
security threats;
WHERFAS: Illegal drugs plaque urban, suburban, and rural
cornmunities of all sizes and regions and lead to a host of problems
such as homicide, robberies, burglaries and other crimes and domestic
violence ;
WREREAS: Since the source of most illegal drugs is outside the
continental United States, it requires a massive effort by the federal
government to control the importation of these illegal substances;
WHEREAS: The Congress has enacted the Anti-Drug Abuse Act of
1986, but appropriated only a small amount of money for this program;
and,
WHEREAS, Our nation needs to commit sufficient resources to a
real war against illegal drugs.
NUA, THEREFCRE, BE IT RESOLVED: That the Council of the City of
Virginia Beach specifically calls on the Democratic and Republican
parties to come together in a bipartisan way to adopt national plants
endorsing national anti-druq strategies such as the declaration of
drugs as this Nation's number one foreign policy concern.
BE IT FURTHER RESOLVED: That the Clerk of the Council of the
City of Virginia Beach is directed to forward a copy of this
Resolution to our Congressional and General Assembly Delegation a@
request their support of it.
Adopted by the Council of the City of Virginia @ach on this
Twentieth day of June, 1988.
- 30 -
Item IV-H.2.
CONSENT AGENDA ITEM @," 29594
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinances to authorize the Acquisition of real
property, easements, temporary construction
easements, in Fee Simple, by Agreement or by
Condemnation:
Linkhorn Point CIPS 5-029 and 6-943
Shorehaven CIPs 5-031 and 6-981
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY
CONDEMNATION, FOR LINKHORN POINT
CIPs 5-029, 6-943
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this important project and for
public purposes for the preservation of the safety, health, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation, pursuant to $15.1-236 et 5eg. and $25-46.1
et seg., Code of Virginia of 1950, as amended, all the real property, permanent
easements, temporary construction easements as needed, in fee simple, as shown un
that plan entitled: "Proposed construction of Linkhorn Point Water and Sewer
Projects, CIPs 5-029 and 6-943, Rouse-Sirine Associates, Ltd. Surveyors,
Engineers, Planners, Virginia Beach, Virginia," these plans being on file in the
Department of Public Utilities, Municipal Center, City of Virginia Beach,
Virginia.
Section 2. The City Attorney is hereby authorized to make, or cause to be
made, on behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Adapted by the Council of the City of Virginia Beach, Virginia, on the
20th day of 'Tune 1988
------ --------------- -------
APPROVED@S TO CONTENTS
EPARTIVIENT
APPROVED AS T'U'
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY
CONDEMNATION, FOR SHOREHAVEN
CIPs 5-031, 6-981
BE IT ORDAINED BY THE COUNCIL OF THE CITY DF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansiqn of this important project and for
public purposes for the preservation of the safety, health, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation, pursuant to 115.1-236 et seg. and $25-46.1
et seg., Code of Virginia of 1950, as amended, all the real property, permanent
easements, temporary construction easements as needed, in fee simple, as shown an
that plan entitled: "Proposed construction of Shorehaven Water and Sewer
Projects, CIPs 5-031 and 6-981, Langley and McDonald, Engineers, Planners,
Surveyors, Virginia Beach, Virginia," these plans being on file in the
Department of Public Utilities, Municipal Center, City of Virginia Beach,
Virginia.
Section 2. The City Attorney is hereby authorized to make, or cause to be
made, an behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to in5titute
proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
--20,th-day f ........ 1988 ------
- 31 -
Item IV-H.3.
CONSENT AGENDA ITU4 # 29595
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING :
Ordinance for the Department of Mental
Health/Mental Retardation and Substance Abuse to be
fund.d in FY 1988-1989:
APPROPRIATE $865,210 to the General Fund.
APPROPRIATE $211,588 to the Mental Health/Mental
Retardation Contractual Services Fund.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Votdng Nay:
None
Council Members Absent:
John L. Perry
C!I-
AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS
IN THE AMOUNT OF $1,076,798 FOR FY 1988-89
FROM TEIE COMMONWEALTH OF VIRGINIA TO THE DEPARTMENT
F MENTAL HEALTIUMENTAL RETARDATION AND SUBSTANCE ABUSE
the General Assembly of th
e CommonwealLh of Virginia has provided
ftinds for new initiatives in Mental Health/Mental Retardation and S.bstance Ab.se
in the FY 88-90 biennium b.dget, and
WHEREAS, the amount provided to the City of Virginia Beach for new initia-
tives in FY 88-89 is $1,076,798, to include funding for 31.0 ne. permanent City
personnel positions, 2.5 new part-time City positions and con@ersion of two part-
time positions to full-time permanent City positions, and
WHEREAS, the details and amounts of this funding were not available for
inclusion in the Proposed FY 88-89 City of Virginia Beach Operating Budget and,
WHEREAS, no matching funds from the City are req.ired for these funds,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEActi,
VIRCINIA that funds in Lhe amount of $865,210 be appropriated to the FY 88-89
General Fund for the Department of Mental Health/Mental Retardation and Substance
Abuse and that funds in the amount of $211,588 be appropriated to the FY 88-89
Mental Health/ Mental Retardation Contractual Services Fund, and
BE IT FURTHER ORDAINED that General F.nd Revenue from the Commonwealth be
increased by $865,210 and that Mental Health/Mental Retardation Contractual
Services Fund Revenue from the Commonwealth be increased by $211,588, and
BE IT FURTHER ORDAINED that 31.0 fall time permanent City personnel posi-
tions and 2.5 part-time positions be established in the Department of Mental
llealth/ Mental Retardation and Substance Abuse and that two part-time positions
in the Department be converted to full-time permanent positions.
This ordinance shall be effective July 1, 1988.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of 1988.
FIRST READING June 20, 1988
SECOND READING
- 32 -
Item IV-H.4.
CONSENT AGENDA ITEM # 29596
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING ;
Ordinance to APPROPRIATE $76,419 to the General
Debt Fund for payment of the balance on the
Lease/Purchase Contract for four refuse collection
vehicles.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vi,ce Mayor
Meyera E. Oberndorf and l@ancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
-IN ORDINANCE TO APPROPRIATE $76,419 TO THE GENERAL DEBT FUND
FOR PAYMENT OF THE BALANCE ON THE LEASE/PURCHASE
CONTRACT OF FOUR REFUSE COLLECTION VEHICLES
EAS, the City of Virginia Beach in order to maintain the health,
safety and welfare of its citizens provides refuse collection and disposal
services, and
WHEREAS, the Department of Public Works, Bureau of Waste Collection
collects approximately 160,000 tons of refuse annually accounting for over
900,000 vehicle miles traveled annually, and
WHEREAS, four refuse collection vehicles purchased through a
lease/purchase contract are no longer used by waste disposal crews and are
available for sale as surplus equipment, and
WHEREAS, prior to the sale of surplus equipment it is necessary to pay
off the balance on the lease/purchase agreement for the four refuse collection
,ehicles equaling $76,419, and
WHEREAS, there are excess appropriations in the Bureau of Waste
Disposal's SPSA Disposal Charges account available for the balance of the
lease/purchase agreement to be paid in full.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds to pay in full the current balance on the
lease/purchase agreemenl for four refuse collection vehicles in the amount of
$76,419 are hereby appropriated to the General Debt F.nd ith a corresponding
increase in estimated revenue from the General Fund, and
BE IT FURTHER ORDAINED that funds in the amount of $76,419 in the
General Fund be transferred from the Bureau of Waste Disposal's SPSA Disposal
Charges to Transfers to the General Debt Fund.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1988.
First Reading: June 20, 1988
Second i..iading:
- 33 -
Item IV-H.5.
CONSENT AGENDA ITE7,4 # 29597
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $72,175 within the FY 1987-
1988 Operating Budget of the Department of Public
Works for the purchase of a Thermolay Unitized
Asphalt Patching Unit.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
iione
Council Members Absent:
John L. Perry
AN ORDINANCE TO TRANSFER $72,175 WITHIN
THE FY 1987-88 OPERATING BUDGET OF THE
DEPARTMENT OF PUBLIC WORKS TO PURCHASE
A THERMOLAY UNITIZED ASPHALT PATCHINC UNIT
REAS, the Department of Public Works has utilized Thermolay Unitized
Asphalt Patching Units for repairing potholes in various city streets with great
success in the past, and
WHEREAS, the patches are longer lasting and easier to install, and
WHEREAS, having another machine will allow both a savings in manpower
and an increase in the amount of roadway repaired, and
WHEREAS, the Department of Public Works has sufficient funding within
various accounts in its FY 1987-88 Operating Budget which could be transferred
for the acquisition of this piece of equipment.
NOW THEREFORE BE IT ORDAIMED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funding in the amount of $72,175 be transferred
from various sources within the Department of Public Works FY 1987-88 Operating
Budget to acquire a Thermolay Unitized Asphalt Patching Unit.
This Ordinance shall be in effect form the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
20th day of i-ane , 1988.
- 34 -
Item IV-H.6.
CONSE14T AGENDA ITEIL # 29598
Upon motion by Councilman Heischober, seconded by Councilrian Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $70,000 within the School
Operating Fund to eliminate the shortfall in
various accounts.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Pobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
7 AN ORDINANCE TO TR.ANSFER FUNDS IN
0
THE AMOUNT OF $70,000 WITHIN THE
SCHOOL OPERATING FUND TO ELIMINATE THE
SHORTFALL IN VARIOUS ACCOUNTS
WHEREAS, in the preparation of the Education budget for FY 1987-88, the
School Administration requested appropriations in various accounts based on
projected need, and
WHEREAS, due to increases in postage and telephone costs, and the need
to transfer employees to the Community Relations payroll, certain accounts will
exceed the originally appropriated amounts, and
WHEREAS, to eliminate the shortfall in the various accounts, the School
Administration has requested a transfer of appropriations in the amount of
$70,000 from a contingency fund that has been previously appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRCINIA that funds in the amount of $70,000 are hereby transferred within
the School Operating Fund as shown below to eliminate the shortfall from various
accounts.
Transfer To:
Administration Unit (12010) $ 50,000
Attendance and Health Unit (12030) 20,000
Transfer From:
Instruction Unit (12020) 000
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
20th day of June 1 1988.
- 35 -
Item IV-H.7.
CONSENT AGENDA ITEM # 29599
Upon motion by Councilnan Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $49,000 within the FY 1987-
1988 Operating Budget of the Police Department for
equipment space renovation in the Public Safety
Building.
Voting: 10-0
Council iviembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. @4cClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $49,000 WITHIN THE FY 87-88 OPERATING BUDGET
OF THE POLICE DEPARTMENT FOR EQUIPMENT SPACE
RENOVATION IN THE PUBLIC SAFETY BUILDING
WHEREAS, equipment for the 800 MHZ Trunked Communication
System and the KDT-480 Data Communication System is in the
process of being installed, and
WHEREAS, additional space is required to accommodate the
installation of this equipment and renovate emergency management
operations, and
WHEREAS, adequate space to accorninodate conununication
eqiupment needs and emergency management operations has been
identified, and
WHEREAS, funding is available within the Police Department's
budget due to savings from communications equipment purchases,
and
WHEREAS, no additional funding will be required for
alterations and renovations of rooms G-32 and G-34 to accommodate
this equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA
BEACH, VIRGINIA, that funds totaling $49,000 be transferred
within the FY 87-88 Operating Budget of the Police Department for
the alteration and renovation of the rooms G-32 and G-34 in the
Public Safety Building.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 20tb, day Of 1988.
- 36 -
Item IV-H.8.
CONSENT AGENDA ITEM # 29600
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $45,000 within the FY 1987-88
Operating Budget of the Street Cleaning Bureau of
the Department of General Services to alleviate the
deficit caused by the maintenance costs of street
cleaning equipment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDLNANCE TO TRANSFER $45,000 FROM
WITHIN THE DEPARTMENT OF GENERAL SERVICES
FY 1987-88 OPERATING BUDCET TO COVER UNUSUAL
MAINTENANCE COSTS FOR STREET CLEANING EQUIPMENT
WHEREAS, the Street Cleaning Bureau of General Services is responsible
for maintenance of streets throughout the city, and
WHEREAS, the bureau has six street sweepers to clean the streets, some
of which are approaching seven years in service, and
WHEREAS, the bureau has attempted to maximize the useful life of each
piece of equipment resulting in increased maintenance costs which exceeded the
appropriation amount by $45,000, and
WHEREAS, the Department of General Services has sufficient funds in
other budget units to cover this deficit.
NOW THEREFORE BE IT ORDAINED BY THE CLTY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRCTNIA that $45,000 be transferred from sources within the
Department of General Services to alleviate the deficil in the Street Sweeping
bureau caused by the maintenance requirements of older sweepers.
Thi.s Ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
2 O th, day of une 1988.
A:-'I>r',OVED,I%S TO CONTENT
04/ON
- 37 -
Item IV-H.9.
CONSE14T AGENDA ITEM # 29601
Upon motion by Councilman Heischober, seconded by Councilman Fenti,ess, City
Council ADOPTED:
Ordinance to TRANSFER $30,000 within the liater and
Sewer Fund Reserve for Contingencies to eliminate
the shortfall in the postal service account of
Public Utilities Customer Service Unit.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Hobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice i,',ayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO TRANSFER FUNDS
IN THE AMOUNT OF $30,000 IN THE
WATER AND SEWER FUND TO COVER INCREASED
EXPENSES IN THE POSTAL SERVICES ACCOLJNT
WHEREAS, an increase in the total volume of billings, delinquent
notifications, and other miscellaneous mailings, coupled with a recent increase
in the postal rates will result in an estimated $30,000 shortfall in the postal
services account of Public Utilities Customer Service unit, and
WHEREAS, to eliminate the shortfall, it will be necessary to transfer
$30,000 from Water and Sewer Fund Reserve for Contingencies to the postal account
in the Customer Services unit.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRCINIA that funds in the amount of $30,000 are hereby transferred within
the Water and Sewer Fund to eliminate the shortfall in the postal services
account of the Customer Services Unit.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
20th June
day of 1988.
-fo
cot4TENT
- 38 -
Item IV-H.10.
CONSENT AGENDA ITE14 # 29602
Upon motion by Councilman Heischober, seconded by Counci,lman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the Right-of-Way of Old Shell
Road, Lot D, to Thomas A. Barton, Jr. for the
construction of four brick posts with lanterns at
the top, two at each driveway entrance.
The following conditions shall be required:
1. Owner agrees to remove encroachment within thirty
(30) days when notified by the City of Vir-linia
Beach, at no expense to the City.
2. Owner agrees to keep and hold the Cit,@ free and
harmless from a'.Iy liabiiity as a result of the
encroachment.
3. Owner agrees to maintain said encroqchment so as
not to become unsightly or a hazard.
4. Prior to construction within ,iily existing public
right-of-way, the contractor shall obtain permit
from the Highway Inspections Burel-,u.
5. Prior to issuance of a hi.,hway permit, the owner or
his agent must post a performance bond and show
proof of public liability (min4@mum $300,000).
6. The brick posts should be situated so as not to
block the drainage swales.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McC!anan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF OLD SHELL
7 ROAD TO THOMAS A.
8 BARTON, JR., HIS HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 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, Thomas A. Barton, Jr., his heirs, assigns and successors
17 in title are authorized to construct and maintain a temporary
18 encroachment into the right-of-way of Old Shell Road.
19 That the temporary encroachment herein authorized is
20 for the purpose of constructing and maintaining four brick posts
21 with lanterns at the top and that said encroachment shall be
22 constructed and maintained in accordance with the City of
23 Virginia Beach Public Works Department's specifications as to
24 size, alignment and location, and further that such temporary
25 encroachment is more particularly described as follows:
26
27 An area of encroachment into a
28 portion of the City's right-of-way
29 known as old Shell Road , on the
30 certain plat entitled: "SITE PLAN
31 OF LOT-D SUBDIVISION OF PROPERTY OF
32 DAISY EVANS MALBON LAUREL'S POINT
33 CORP. LYNNHAVEN BOROUGH, VIRGINIA
34 BEACH, VA. FOR TOM BARTON DATE: MAY
35 12, 1987,11 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 Thomas A. Barton, Jr., his heirs, assigns and
44 successors in title and that within thirty (30) days after such
45 notice is given, said encroachment shall be removed from the
46 City's right-of-way of oid Shell Road and that Thomas A. Barton,
46 Jr., his heirs, assigns and successors in title shall bear all
47 costs and expenses of such removal.
48 AND, PROVIDED FURTHER, that it is expressly understood
49 and agreed that Thomas A. Barton, Jr., his heirs, assigns and
50 successors in title shall indemnify and hold harmless the City of
51 Virginia Beach, its agents and employees from and against all
52 claims, damages, losses and expenses including reasonable
53 attorney's fees in case it shall be necessary to file or defend
54 an action arising out of the location or existence of such
55 encroachment.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 in effect until such time that Thomas A. Barton, Jr. executes an
58 agreement with the City of Virginia Beach encompassing the
59 afore-mentioned provisions.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the 20th day of June 1988
62
63
64 JAS/ih
65 4/27/88
66 CA-87-02694
67 (encroach\barton.ord)
pROVED AS TO CONTEN f S
UPE
ENT
APPROVED AS TO LEGAL
SUFFICIENCY ANID F RM
EY
2
- 39 -
Item IV-H.11.
CONSEliT AGENDA ITEM # 29603
Upon motion by Council-nan Heischober, seconded by Council',Ian Fentress, City
Council ADOPTED:
Utility Projects for 51Z Neighborhood
Participation:
Broad Bay Colony Water $259,000
Carolanne Drive llater $ 4g,,OOO
Voting: 10-0
Council lier@ibers Voting Aye:
Albert W. Balko, John A. Baum, Robert --. Fentress,
Harold He4-schober, Barbara @l. Henley, iaayor Robert G.
Jones, i@eba S. McClanan, John D. Moss, Vice 14ayor
Meyera E. Oberndorf and Nancy K. Parker
Council Meinbers Voting Nay:
None
Council Members Absent:
John L. Perry
- 40 -
Item IV-H.12.
CONSENT AGENDA ITEM # 29604
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
LOW BID to Chesapeake Bay Contractors, Inc. the
amount of $60,246.80 for the Alabama Road Water
Line Project (CIP 5-987)-
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Ileyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 41 -
Item IV-H.13-
CONSENT AGENDA ITEM # 29605
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
LOW BIDS (CIPs 6-315 and 5-617) for Queen City:
Contract I - Utility Builders, Inc.:
@later and Sewer $230,651-50
Contract II - Crowder Contracting Company:
Pump Tta-tion $172,700.00
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council 14embers Voting Nay:
None
Council Members Absent:
John L. Perry
- 42 -
Item TV-H.14-
CONSENT AGENDA ITFAvi # 296o6
Upon motion by Councilrian Heischober, seconded by Councilman Fentress, City
Council APPROVED:
AMBULANCE PERMIT RENEWALS:
Central Virginia Ambulance Service
Children's Hospital of the King's Daughters
City of Chesapeake Fire/EiAS
Medical Transport, Inc.
Nightingale Air Ambulance
Norfolk General Cardiac Diagnostic Unit
Norfolk Paramedical- Rescue Services
Tidewater Ambulance Service
Voting: 10-0
Council Members Voting Aye:
Albert Vi. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. lienley, Mairor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Ilay:
None
Council flembers Absent:
John L. Perry
- 43 -
Item IV-H.15-
CONSENT AGENDA ITEM # 296o?
Upon motion by Councilrian Heischober, seconded by Councilman Fentress, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Beach and Coastal Cab Co., Inc.
Voting: 10-0
Council Members Voting Aye:
Albert l@. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, @4ayor Robert G.
Jones, Reba S. McClanan, Johi D. Moss, Vice I',ayor
i@,ieyera E. Oberndorf and Nancy -. Parker
Counci,l Members Voti--qg ivay:
None
Council Members Absent:
John L. Perry
- 44 -
Item IV-H.16.
CONSEITT AGENDA ITIII # 29608
Upon motioi by Counc4.1man Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amoun@@ of
$1,303-17 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Niembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
I
ilarold ileischober, Barbara M. Fenley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council l-'embers Absent:
John L. Perry
ORM NO. C.A. 7 6/8/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Da!e Pe.alty Int. Total
NAME Year of Tax Number tion No. paid
First Federal S&L of SC 88 RE(1/2) 70989-3 2/5/88 12.26
Alex C & Virginia Brown 88 RE(1/2) 12993-9 11/16/87 23.26
Alex C & Virginia Brown 88 RE(2/2) 12993-9 5/17/88 23.26
Cora D Ferebee 87 RE(1/2) 116197-3 12/5/86 18.00
William W & Estelle Johnson 88 RE(1/2) 54344-7 4/28/88 74.11
Pender & Coward 73 RE 41007-9 12/4/87 21.63
James A & Cheryll Tuthill 88 RE(1/2) 110136-9 12/3/87 30.70
James A & Cheryll Tuthill 87 RE(1/2) 105898-8 12/5/86 24.00
James A & Cheryll Tuthill 87 RE(2/2) 105898-8 6/4/87 24.00
James A & Cheryll Tuthill 86 RE(1/2) 99760-9 12/5/85 24.00
James A & Cheryll Tuthill 86 RE(2/2) 99760-9 6/5/86 24.00
James A & Cheryll Tuthill 85 RE(1/2) 92710-6 5/12/84 24.00
James A & Cheryll Tuthill 85 RE(2/2) 92710-6 5/29/85 24.00
Donald & Shirley E Prytulak 88 RE(1/2) 88323-0 5/11/88 75.80
Gregory P Eck N/A Pkng 154188 3/22/88 25.00
Thomas W Ewing Jr N/A Pkng 154299 5/17/88 25.00
Total 473.02
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ 4 7 3 . 02 were approved by
the Council of the City of Virginia
Beach on th(9@tbday of 7n r@e - 1 088
Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
ORM NO. C.A. 7 5/26/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the T reasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Robert L & Myrtl eBanks 85 RE(1/2) 4424-8 11/18/84 7.20
Robert L & Myrtl eBanks 85 RE(2/2) 4424-8 5/17/85 7.20
Robert L & Myrtle Banks 86 RE(1/2) 4782-3 12/5/85 8.00
Robert L & Myrtle Banks 86 RE(2/2) 4782-3 6/5/86 8.00
Robert L & Myrtle Banks 87 RE(1/2) 5113-9 11/10/86 8.00
Robert L & Myrtle Banks 87 RE(2/2) 5113-9 5/12/87 8.00
Elisha & Ida Willie 88 RE(1/2) 117779-6 11/27/87 35.81
Elisha & Ida Willie 88 RE(2/2) 117779-6 11/27/87 35.81
Atlantic Provisions Inc 86 pp 5938-2 3/9/88 225.66
Atlantic Provisions Inc 86 pp 5939-1 3/9/88 225.66
Atlantic Provisions Inc 86 pp 5940-8 3/9/88 225.66
Atlantic Provisions Inc 86 pp 5941-7 3/9/88 35.15
Total 830.15
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
sa 3 0, 1 5 were approved by
the Council of the City of Virginia
Beach on the 2 0 t bay of 7 u n f,- a 8
roved as to
Ruth Hodges Smith
City Clerk
imso@, City Attorney
- 45 -
Item IV-J.1-
NEW BUSINESS IT@l # 29609
Giles G. Dodd, Assistant City Manager for Administration, presented The City of
Virginia Beach, Virginia, Iterim Financial Statements for the period July 1,
1987 through April 30, 1988. (Said Document is hereby made a part of the
record.)
Giles Dodd advised on Page 2.6, EXHIBIT A-3, the Department of Finance has
started breaking out General Property Taxes. This provides an overview of the
reason the $1.7-MILLION in Real Estate Taxes is being offset by other kinds of
taxes.
Councilman Balko requested Giles Dodd advise City Council relative the impacts
of the Cigarette Tax Increase whether pro or con.
- 46 -
Iter.q IV-J.2.
NDI BUSINESS !TEM # 29610
ADD-ON
UDon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
A:DOPTED the Resolution and APPROVED:
LOW BID in the amount of $7,94'0,000 to W- M- Jordan
Company, Inc. for Virgi,-iia Beach Cor@iriunity Genter
at Great Neck (CIP 4-801)-
Voting: 11-0
Council Members Voting Aye:
Albert 11. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara -iv!. Henley,* Meyor Robert
G. Jones, Reba S. ivicclanan, John D. '@,loss, Vice Mayor
@leyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Ifembers Voting ITay:
None
Council Members Absent:
None
i@Verbal Aye
R E S L U T I 0 N
WHEREAS, W. M. Jordan Company, Inc. has ir)dicated its
willingness to construct The Virginia Beach Community
Center/Great Neck (CIP No. 4-801) in the City of Virginia Beach,
and
WHEREAS, the contemplated improvemc--nt is needed and is in
consonance with thL- justification and description shown in the
current Capital Improvements Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THF- CITY OF
VIRGINIA BEACH, VIRGINIA:
That W.M. Jordan Company, Inc. is hereby requestl-d to
construct and provide the aforesaid building and associated 5ite
work a5 shown in the documl-nts of City of Virgil-iia Beach Bid Item
No. 0055. Said facility will help provide access to programs and
services currently denil-d Great Neck residents due to geographic
separation from and overcrowding at thE? presently available
facilities.
ADOPTED: June 20, 1988
- 47 -
Item IV-J.3
NEW BUSINESS ITEM # 29611
ADD-ON
Councilman Balko distributed a copy of an Ordinance to Appropriate Funds in the
amount of $15,000 for Project #4-811 LESNER BRIDGE BOAT RAMP-
Councilman Heischober requested an indication from the Army Corps of Engineers
as to their acceptance of the proposed location and a PUBLIC HEARING should be
SCHEDULED prior to the vote of this Ordinance.
Counclman Moss advised he wished the benefit of comments by the City Staff
relative this proposed locati,on prior to the vote on said Ordinance.
BY CONSENSUS, City Council DEFERRED INDEFINITELY:
Ordinance to Appropriate Funds !-n the amount of
$15,000 for Project #4-811 LESNER BRIDGE BOAT RAMP.
- 48 -
Item IV-J.4.
NEW BUSINESS ITEIII # 29612
ADD-ON
Mayor Jones referenced discussion relative Wayne McClesky's 4-nterest at OCEAN
PARK.
Mayor Jones referenced two lots at "Kellam Park" currently zoned residential.
For the purpose of retaining this permanently as Park Area, Mayor Jones
inquired whether the City Council would wish to SCHEDULE for the Meeting of
June 27, 1988, a request to the Planning Commission to consider rezoning this
to P-1.
- 49 -
Item IV-K.l.
REGFSS INTO
EXECUTIVE SESSION ITEM # 29613
In accordance with Section 2.1-344, Code of Virginia as ariended, and upon
motion by Councilman Baum, seconded by Councilwoman Parker, City Council
RECESSED into EXECUTIVE SESSION for discussion ol- Pesonnel i'latters, Publicly
lield Property, Public Funds Investment and Legal ilatters after which to ADJOURN
(4:18 P.il,.)
1. PERSONNEL 14ATTERS: Discussioi or consideration of employment, assignment,
a,opointinent, promotion, performance, denotion, 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 publ@*cly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ovmership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of nublic funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governnental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or notential
litigation, or other legal matters within the jurisdiction of tlie public
body.
Vo-uing: 11-0*
Council Members Voting Aye:
Albert W. Balko, John A. Bauni, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. I'loss, Vice Mayor
@ieyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council lvlelqbers Voting Nay:
None
Council Members Absent:
14one
*Verbal Vote
- 50 -
Item III-K.2.
ADJOUR1414ENT TTEIA # 29614
Upon motion by Counc4@lT@ian @,ioss, City Counc4.1 ADJOURNED the fteeting at 5:25 P.M-
Voting: 7-04@
Council !4embers Voting Aye:
Robert E. Fentress, Barbara ii. fienley, @teba S.
McClanan, John D. Moss, Vice 14ayor il,eyera E.
Oberndorf, ',,Iancy K. Parker and John L. Perry
Council iaembers Voting Nay:
14'one
Council Members Absent:
Albert -@l. Ball,,o, John A. Bauii, Harold Heischober and
iia.yor Robert G. Jones
*Verbal Vote
Beverly6O. Hooks
Chief Deputy Cit,, Clerk
I th I.
City Clerk
City of Virginia Beach
Virginia