MAY 2, 1988
"f -Vii-"-illicA
"WORLD'S LARGEST RESORT CITY"
('ITY COUNCIL
MAYOR ROBERT G. JONES, A, L.@g@
VICE MAYOR MEYERA E OBERNI)OPF, A, L.,g,
ALBERT W. BALKO, L,@@h,-@ @..gh
JOHN A BAUM, Bi.,k.,I, B,..gh
ROBERT E. FENTRESS, V,,i@i. B,-h B,@.gh
HAROLD HEISCHOBER, A, L,,,
BARBAP,A M. HENLFY, P.@, @@,h
REBA S MCLANAN, P@,- A@@, B-.gh
JOHN D MO@ K,.,.ill, B,@.gh
NANCY K. PARKER, Al @,g,
JOHN L. PERRY, B,,i@ @.gh 281 CITY HALL BUILDING
MUNICIPAL CENTER
AU@ V@ --. J., @@ M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
J. D@ W.@l, .@ Al@ (804) 427 4303
R@H .-@ WffH. CMCI@, @i@
May 2, 1988
ITEM I. BUDGET RECONCILIATION VIORKSHOP - Conference Room - 10:30 AM
ITEM II. CITY MANAGER'S BRIEFINGS - Conference Room - 12: NOON
A. PROPOSED FENCE ORDINANCE
B. CITY ZONING ORDINANCE
ITEM III. COUNCIL CONFERENCE SESSION - Conference Room - 12:45 PM
A. CITY COUNCIL CONCERNS
ITEM IV. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend T. E. Thieman, D.D.
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AIIERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - April 25, 1988
F. PROCLAMATIONS
1. OLDER AMERICANS MOITTH
May, 1988
G. CITY 14ANAGERIS REPORTS
1. MR. HOU YU-LU, INTERI FROM PEOPLES REPUBLIC OF CHINA
- Mr. A. James DeBellis, Director of Economic Development
2. 1986 REFERENDUI4 COI@ITTEE
- Mr. William Schlimgen
H. ORDINANCE
1 . Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, by Adding Sections 13-1, 13-2, 13-4, 13-5, 13-6,
13-7, 13-8 and 13-9 pertaining to Food Service Manager's
Certification.
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance authorizing the City lfanager @lo execute an agreement with
the City of Chesapeake for installing water, sewer and streets in
the Queen City Subdivision which lies in Virginia Beach and the
City of Chesapeake.
2. Ordinance upon FIRST READING to APPROPRIATE $63,000 from the
General Fund Balance to the Plaza Volunteer Fire Department for
repayment of a bank loan for two ambulances.
3. Ordinance upon FIRST READING to APPROPRIATE $9,326 to the Mental
Health and Mental Retardation Contractual Services Fund and
Substance Abuse Services and tliat revenue from The Commonwealth of
Virginia to the Mental Health and Mental Retardation Contractual
Services Fund be increased by $9,326.
4. Resolution authorizin., the School Board of the City of Virginia
Beach to apply for a loan of $2,500,000 from the Literary Fund of
the State Board of Education of Virginia for the construction of
Glenwood Elementary School.
5. Ordinance to TRANSFER $425,000 from Water and Sewer Capital
Projects Fund to establish water and sewer projects for the North
Seaboard Road Neighborhood.
6. Ordinance to TRANSFER $26,447 from sources within the Department of
Parks and Recreation to fund the monthly interim payments to the
Lynnhaven Municipal Marina Concessionaire.
7. Ordinance to TRANSFER $22,000 from sources within the Department of
Parks and Recreation to replace the filtration tank for the
swimming pool at the Kempsville Recreation Center and to adjust the
FY 1988-1989 Operating Budget by $25,000.
8. Ordinance Granting Franchise to Seashore Management Ltd., trading
as Hilton Inn/Laverne's Cafe, tO ODerate an open air/boardwalk cafe
at 7th Street and Atlantic Avenue.
9. Utility Projects for 51% Neighborhood Participation:
Garnett Point Road Water $ 42,000
Robbins Corner Sanitary Sewer $ioo,ooo
Salem Road C and D Sanitary Sewer $965,000
Stumpy Lake Lane Water $16o,ooo
I,Ihitehurst Landing Road Sanitary Sewer $ 44,000
10. LOW BID to RFA Construction Company in the amount of $94,416 for
Oceana Boulevard Pavement Rehabilitation Project - Phase II.
11. BINGO/RAFFLE PERMITS
Aragona Pembroke Little League - Raffle
First Colonial Band Boosters - Bingo
Roma Lodge '7254 - Raffle
12. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Limousine & Courier Service, Inc.
Pacific Corporation
13. Ordinance authorizing tax refunds in the amount of $27,366-51.
14. Ordinance authorizing license refunds in the amount of $1,845-49.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1988/1989 FY OPERATIliG BUDGET
FIRST READING: 14AY 9, 1988
SECOND READING: MAY 16, 1988
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 2, 1988
The 1988-1989 FY OPERATING BUDGET RECONCILIATION WORKSHOP of the VIRGINIA
BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the
Conference Room, City Hall Building, on Monday, May 2, 1988, at 10:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
Reba S. McClanan (ENTERED: 11:00 A.M.)
John D. Moss (ENTERED: 10:45 A.M.)
- 2 -
C I T Y M A N A G E R Is B R I E F I N G
PROPOSED FENCE ORDINANCE
12:08 P.M.
ITEM # 29280
The City Manager introduced Robert Loher, Director of Permits and Inspections,
who reiterated information relative the PROPOSED FENCE ORDINANCE (Ordiliance to
Amend and Reordain Sectiori 8-31 of the Code of the City of Virginia Beach,
Virginia, pertaining to Building Permits for Certain Fences and Farm
Buildin,s). Basically the proposed Ordinance would stipulate a permit is
required for fences over 48" in height as measured from ground level at the
base of the fence. The proposed amendment will be closely tied in with the
City's new Landscaping, Screening and Buffering Specifications and Standards.
The new Section 8-31(c) (21) would require all fences and walls which are
located or constructed within tliirty feet of any public right-of-way to comply
with the standards and with all applicable provisions of the City Zoning
Ordinance. It would also require compliance in the case of fences and walls
which are replaced. The permit requirement will not apply to minor repairs to
fences or walls used exclusively -or agricultural purposes. The fee for a
permit to construct a fence or wall shall be $25-00 plus $1.00 for every 10
linear feet or portion thereof occupied by a fence or wall.
Councilman Baum referenced the easement of major drainage canals. Fences should
not be there. Robert Loher advised any encroachment into that particular type
of easement should be addressed.
City Manager Watts advised the City Staff is attempting to answer the major
questions concerning the accessibility for maintenance on canals and larger
drainage type structures. These replies will be coming forth later in the
Consultants Reports being prepared on various Stormwater Management Issues.
Councilman Moss suggested WORKSHOPS with interested organizations, homeowners,
Beautification Commission, et cetera before City Council's ADOPTION of said
Ordinance. The citizens should receive an explanation of this particular
Ordinance before Adoption.
The Ordinance will require AMENDING same to read " ... any fence or wall having a
height of more than forty-eight (48) inches."
BY CONSENSUS, City Council shall have the City Staff advertise a Public Notice
to adhere to citizen's concerns for possible oodification prior to adoption of
the proposed fence ordinance.
The City Staff shall return to City Council with an Ordinance within thirty
(30) days.
The City @lanager will arrange a Public Workshop in approximately two weeks and
the two weeks following that return with another DRAFT Ordi-nance.
The Vice Mayor requested these WORKSHOPS be held at night in order to ensure
attendance.
Councilman Baum requested the construction costs of the various types of
fencing be detailed.
- 3 -
0 I T Y M A N A G E R I S B R I E F I N G S
CITY ZONING ORDINANCE
12:38 P.M.
ITEi4 # 29281
The City Manager introduced Robert J. Scott, Director of Planning, WI.IO
distributed a list of items relative the update of the City Zoning Ordinance.
A. Items to be Short-Listed;
1. Office Parking: Before action by the Council,
additional information must be provided to City
Council. Same will be available within
approximately one week.
2. Shopping Center Parking: Information has been
provided for City Council's consideration on
this topic.
3. Setbacks for Major Rights-of-Way: The City Staff
review of this indicates that this topic either
overlaps or touches on a number of other
provisions in the ordinance and, in order to
accomplish this properly, there will need to be
some additional staff work to identify what
sections of this Code must be changed to avoid
conflict and contradiction. This will
necessitate approximately 1-2 initial weeks of
staff work.
4. Maximum Heights in Commercial Districts: It will
take the City Staff approximately one additional
week of work in order to draft the appropriate
ordinances to accomplish this change.
5. Maximi@m Height in RT-2 and RT-3 Districts: it
will take the City Staff approximately one week
to bring to the City Council the necessary
Ordinance changes to achieve this.
6. Thirty-Six-Foot Wide Streets: The City Staff may
have the appropriate ordinance prepared in about
one week to achieve this change.
7. Subdivision Variances. Since the City Council
deferred this il@em, there is no need for an
ordinance to be prepared, and providing
appropriate advertisement is made, this item can
be handled accordingly. The City staff suggested
the Ordinance be rejected in its entirety or
adopted in its entirety, but that pieces o@' this
Ordinance not be meshed with sections of the
existing ordinance now in effect.
8. It appears that a portion of Section 200 of the
CZO was inadvertently left out of the Ordinance
during printing and this needs to be reinstated
at the soonest possible time. There was never
any intent expressed by the Council or tlie City
Staff to have this material deleted form the
Code. The Staff can have the appropriate
ordinance prepared to achieve this within
approximately one week.
- 4 -
C I T Y M A N A G E R I S B R I E F I N G S
CITY ZONING ORDINANCE
ITEM # 29281 (Continued)
B. In addition to the short list, @@here were items
that the City Council may wish to consider at a
later date but not at this time due to their
prematurity. These referred to items related to
the Central Business District and were: Section
203(b) (37) Shared Parking and off-site parking for
the Central Business District, Section 900
Incentive Program Central Business District,
Section 902(a) (7), Floor area ratio in B-3, and
Section 920 (a) (3), Setbacks adjacent to the
street in B-3-
C. Long List:
City Council has indicated that the following items
should be Dlaced on this List: Section 225(a),
Automobile Service Stations, the second part
involving the limitation of service stations i.,.i
residential areas; review of the Stormwater
Mangement Ordinance by Council Members Baum and
Henley, since it will not be in effect until June
First, and possible adjustments to the LANDSCAPE,
SCREENING AND BUFFERING SPECIFTCATIONS AND
STANDARDS ISSUES at a later time.
Councilman Fentress requested Robert Scott return with clarification of the
Lots at North Vir.,inia Beach relative the compromise between 30 and 40%.
Councilman Fentress has heard the difference affected the size of a house that
could be constructed by as much as a 'third. Robert Scott advised this would
reduce the size by some percentage but he did not believe this much.
Robert Scott mentioned a proposed amendment to the TRANSITIONAL RULES TO BE
FOLLOWED IN CONNECTION WITH THE REVISION OF THE CITY'S ZONING ORDINANCE,
Adopted by City Council on April 18, 1988, by adding a new Section 2A:
"That for a period of 60 days from April 18, 1988,
building permits shall be issued in accordance with
the regulations contained in the ordinance in
effect on April 17, 1988, for construction on (a)
any lot lawfully created by plat recorded prior to
April 18, 1988, or (b) any lawfully created bv Dlat
pursuant to paragraphs 3 or 4 of this Resolution."
This proposed amendment shall DRAFTED and ADDED-01@ under TRIFINISHED BUSINESS.
Vice Mayor Oberndorf referenced a hand delivered letter from William J. and
Nancy A. Eger, on Saturday, April 30, 1988. Mr. and Mrs. Eger advised the
zoning changes recently enacted have jeopardized their plans to build a home.
Their plannin.@ process began in Decem-ber 1987. The reason for denying the
permit was the 20-foot rear boundary setback which replaces the old 10-foot
setback. Ten feet is critical to them because in the design of their home on
a 90 x 100 foot lot, they have attempted to preserve the aesthetics of the new
area as, a courtesy to neighbors, by having a side-loading garage at the rear
of their home. (Said letter is hereby made a part of the record.)
- 5 -
ITEM # 29282
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,
May 2, 1988, at 1:05 P.M-
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 -
ITF14 # 29283
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 MATT]KRS: Discussion or consideration of e,.nployment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultatioyi with legal coungel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in Executive Session are the following; V-H.l.
Upon motion by Councilman Heischober, seconded by Councilwoman lienley,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
F OR MA L S E S S ION
VIRGINIA BEACH CITY COUNCTL
May 2, 1988
2:30 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, May 2,
1988 at 2:20 P.M.
Council i4embers Present:
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 Absent:
None
INVOCATION: Reverend T. E. Thieman, D.D.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
ADOPTION OF ITEMS
Item V-D.l. ITEM # 29284
Councilman Moss requested an item be added under NEW BUSINESS.
Item V-D.2. ITEM # 29285
Councilwoman Parker requested an item be added under UNFINISHED BUSINESS.
Item V-D-3 ITEM # 29286
Vice Mayor Oberndorf requested an item be added under UNFINISHED BUSINESS
Item V-D.4. ITEM # 29287
The City Manager advised the addition of a Resolution to Amend the
Transitional Rules to be followed in connection with the Revisions of the
City's Zoning Ordinance
This item will be ADDED under UNFINISHED BUSINESS.
Item V-D-5- ITEM # 29288
Councilman Perry referenced an Ordinance to TRANSFER $425,000 from Water and
Sewer Capital Projects Fund to establish water and sewer projects for the
North Seaboard Road Neighborhood. (See Item V-I-5 of the CONSENT AGENDA).
This item will be pulled for a separate vote.
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.
9
Item V-E.1
MINUTES ITEM 29289
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of April 25,
1988.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
Item V-F. 1 .
PROCLAMATION ITEM #29290
Mayor Robert G. Jones PROCLAIMED the month of May, 1988 as:
OLDER AMERICANS MONTH
Gordon Morton, Chairman of the Mayor's Committee on Aging, ACCEPTED this
PROCLAMATION.
This PROCLAMATION advised the elderly population of the City is increasing
each year, and our City realizes the needs of our senior citizens are
increasing just as their value to our Community is increasing.
The Virginia Beach Mayor's Committee on Aging will be sponsoring the
"Showcase of Services for Senior Citizens" to be held at the Central Library
on Saturday, May 7, from 10:00 A.M. until 3:00 P-M-
WHEREAS, facilities for the aging in Virginia Beach are
providing skilled and- compassionate care and service for
older Americans; and
WHEREAS, through this care and service, they recognize
the dignity and intrinsic worth of our older Americans; and
WHEREAS, facilities for the aging provide community
support of the aging through their facilities; and
WHEREAS, the elderly population of the City of Virginia
Beach is increasing each year, and our City realizes the
needs of our senior citizens are increasing just as their
value to our cormnunity is increasing.
WHEREAS, in conjunction with older Americans Month, the
Virginia Beach Mayor's Committee on Aging will be sponsoring
the "Showcase of Services for Senior Citizens" to be held at
the Central Library on Saturday, May 7, from 10:00 a.m. until
3:00 p.m.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim the month of may 1988 as
OLDER AMERICANS MONTH
in Virginia Beach and pay tribute to our "seniors" during
this month.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach, Virginia, to
be affixed this second day of May, nineteen hundred and
eighty-eight.
Robert G. Jones
Mayor
Item V-G. 1 .
CITY MANAGER'S REPORTS ITEM 29291
Mr. James DeBellis, Director of Economic Developinent, introduced Hou Yu-Lu,
Intern form the Peoples Republica of China.
Hou Yu-Lu had indicated to James DeBellis of his wish to learn about America's
Society and how the City Government was operated in relation to Mr. Hou Yu-
Luls expertise in Planning. An Autobiographical Sketch was distributed to City
Council and is hereby made a part of the record. Mr. Hou Yu-Lu prefers to be
called "Lull.
Mr. Hou Yu-Lu has spent much time with Director of Planning, Robert Scott. He
is not only learning but teaching the Department items of interest relative
Water Management and Environmental issues. China has been involved with these
problems for thousands of years. This City has only dealt with these for
twenty-five (25) years.
Hou Yu-Lu extended greetings and appreciation to City Council as well as
various Members of the City Staff.
14ayor Jones PRESENTED a Jefferson Cup bearing the City Seal to Hou Yu-Lu.
- 12 -
Item V-G.2.
1986 REFERENDUM COMMITTEE ITEM # 29292
William Schlimgen, Chairman, presented the Quarterly Report ending March 31,
1988 of the 1986 REFERENDUM COMMITTEE. (CoD of said report is hereby made a
@y
Dart of the record.)
Of $40,000,000 approved for seven (7) highway projects, $3,005,593 has been
contracted through March 31, 1988. Expenditures for School Projects totaled
$2,668,043 from the approved funds of $32,310,000. This is primarily for design
and one site acquisition Since March 31, 1988, one Highway Project has been
awarded and notice to proceed was given to the contractor on April 5, 1988.
This contract, however, was not reflected in this March Thirty-first financial
report. This is for one-half of Lynnhaven Parkway, Phase VII. Indian River
Road, Phase IV may exceed the original estimates of $4.3-MILLION. The new cost
projection is based on a plan to acquire right-of-way along Indian River Road
between Indian Lakes Boulevard and Lynnhaven Parkway to provide for an ultimate
six-lane facility rather than four.
A contract has been awarded for Red Mill Farm Elementary School. as well as
some site work for Glenwood Elementary School. Notice to proceed was not given
until April 1988, and therefore not reflected in this report.
A copy of the detailed projects will appear in THE BEACON on May 15, 1988, with
City Council's concurrence
Councilman Moss advised that the funds were reprogrammed from the
Kempsville/Princess Anne Road Intersection into the Indian River Road Phase IV
Project to cover the cost increase without additional appropriations.
- 13 -
Item V-G-3-
ANNOUNCEMENT ITEM # 29293
Mayor Robert G. Jones recognized the presence of Scout Troop 489 from NAS
OCEANA with David Nelson as Scout Master.
I
- 14 -
Item V-H. 1 .
ORDINANCES ITEM # 29294
Kal Kassir, 2009 Alpine iaoad, Phone: 481-2551, President of the Virginia Beach
Restaurant Association. Kal Kassir commended City's Health Department Staff.
Kal Kassir advised complete agre--ment with the purpose of said ordinance but
advised certain concerns. Mr. Kassir referenced Section 13-3 (c), line 51
and recommended the words "food handling" before the word "operation". Section
13-4 (a), line 84, the words "its food handling operation" for conformity
should be inserted after the word "unless". @aragraph (a) requires that a
Certified Food Service Manager must be present every minute the establishment
is open. This is not economically feasible; therefore, the Restaurant
Association proposes to add the verbage "a manager be in control for at least
one eight- hour shift per day". Lines 99 and 104 impose a ten dollar fee. The
Association is firmly in opposition to those fees. The food establishment
must bear the cost of the Certification and the testing which will entail a
cost of between $120 and $150 per employee in addition to the paid time-off
to take the class. The Association contributes $13-1/2-MILLION a year to the
City Treasury directly from the Public for a 4% Meal Tax. Mr. Kassir proposed
Section 13-7 (Exemptions) should be more sidecific and state same is for
charitable and non-profit events and not for more than 5 days. The Restaurant
Association totally opposes line 144, 145 and 146 which states the Health
Authority may also grant additional exemptions. Kal Kassir believed Section
13-8 Penalty for Violation should be in conformity with the State Code.
Robert Engesser, 5290 Vestry Drive, @hone: 499-3157, did not speak relative the
Food Service Manager's Certification, only requested his right to speak on a
subject of his choice.
Dr. George Sjolund, Director of the City Health Department, advised Alternate
3 of the Ordinance would require a Certified Food Service Manager in
attendance during all hours of operation. The intent is not to be
unreasonable as the Health Authority can grant certain exceptions, but the
intent is to be assured there is a responsible and trained person in
attendance at all times.
Councilman Fentress advised in Alternate 3 of said Ordinance, the City Staff
has added as per recommendations the words "food handling" on line 51. On line
84, "its food handiing operation" has been inserted. The City Staff and Health
Department did not feel it appropriate to insert the verbage "one-eight hour
shift" on line 84. There should be an individual with a food service manager's
certification in attendance at all times. The City Staff believed the $10 fee
was an administrative or user fee and therefore justified. The City Staff and
Health Department understood the concern relative line 142. The time limit was
stretched out to fourteen days particularly in the case of the two large
festivals held in this area where food service occasionally is added within a
two week period. The City Staff believed the City fine should remain at One
'Fhousand Dollars ($1,000) ,oer violation.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED, AS AMENDED:
ALTERNATE 3
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by Adding
Sections 13-1, 13-2, 13-4, 13-5, 13-6, 13-7, 13-8
and 13-9 pertaining to Food Service Manager's
Certification.
The Current Ordinance expires on May 1, 1989.
1 5
Item V-H. 1 .
ORDINANCES ITEM # 29294 (Continued)
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by: Councilman Robert Fentress
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING SECTIONS
4 13-1, 13-2, 13-3, 13-4, 13-5, 13-6,
5 13-7, 13-8 AND 13-9 PERTAINING TO
6 F 0 0 D SERVICE MANAGER'S
7 CERTIFICATION
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That the Code of the City of Virginia Beach is hereby
12 amended and reordained by adding Sections 13-1, 13-2, 13-3, 13-4,
13 13-5, 13-6, 13-7, 13-8 and 13-9 to read as follows:
14
15
16 ARTICLE I. FOOD SERVICE t4ANAGER'S CERTIFICATION
17
18
19 Section 13-1. Purpose.
20 The purpose of this ordinance is to require
21 certification of supervisory personnel of food service
22 establishments, so that supervisory personnel shall have
23 knowledge of safe techniques for storage, preparation, display
24 and service of foods with the underlying purpose of preventing
25 foodborne illness and protecting the public health and so that
26 supervisory personnel shall have knowledge to train employees
27 under their supervision regar ing same.
28
29 Section 13-2. Rules and Regulations for Administration and
30 Enforcement.
31
32 The director of public health or his/her designee is
33 responsible for the enforcement of this chapter. The director of
34 public health is hereby authorized to make and adopt such rules
35 and regulations as he/she may deem necessary for the
36 administration and enforcement of this chapter, which rules and
37 regulations shall not be in conflict with or an enlargement of
38 any of the provisions of this chapter.
39
40 Section 13-3. Definitions.
41 The following definitions shall apply in the
42 interpretation and enforcement of this article.
43 (a) "Food" means any raw, cooked, or processed, edible
44 substance, ice beverage or ingredient used or intended for use or
45 for sale in whole or in part for human consumption.
46 (b) "Health Authority" means the director of the
47 department of public health or his authorized representative.
48 (c) "Food Service Manager" means the certificate
49 holder, individuals having supervisory or management duties and
50 any other person working in a food service establishment who m@
51 be in charge of its food handling operation.
52 (d) "Foodborne Illness" means an incident in which two
53 or more persons experience a similar illness, usually
54 gastrointestinal in nature, after ingestion of a common food, and
55 epidemiological analysis implicates the food as the source of the
56 illness.
57 (e) "Food Service Establishment" means any place where
58 food is prepared or provided and intended for individual portion
59 service, and includes the site at which individual portions are
60 provided. The term includes any such place, regardless of
61 whether consumption is on or off the premises and regardless of
62 whether or not there is a charge for the food. The term also
63 includes retail food stores, mobile food units, and pushcarts.
64 The term does not include private homes where food is prepared
65 or served without compensation for individual family consumption,
66 the location of food vending machines and supply vehicles.
67 (f) "Prepackaged" means contained in bottle, can,
68 carton, secure wrapping or other types of containers and includes
69 both hermetically and non-hermetically sea ed packaging.
70 (g) "Temporary Food Service Establishment" means a
71 food service establishment that operates at a fixed location for
72 a period of not more than fourteen (14) consecutive days in
73 conjunction with a single event or celebration.
74 (h) "Risk Assessment" means an evaluation of the
75 potential for a foodborne illness to occur in a food service
76 establishment based on a hazard analysis of the food.
77
78
2
7 9
80 Section 13-4. Food Service Manager: Responsibility:
81 Certification.
82
83 (a) After May 1, 1989, no person shall operate a food
84 service establishment unless its food handling operation is under
85 the immediate control of a person holding a valid food service
86 manager's certification.
87 (b) The food service manager shall be responsible for
88 training of food service personnel in sanitary food-handling
89 procedures. Written documentation of a training program and
90 training records of individual employees shall be available upon
91 request by the health department.
92 (c) In order to obtain a food service manager's
93 certificate, a person shall apply to the Virginia Beach health
94 department and show proof of having successfully completed a
95 course in food protection which shall be approved by the health
96 authority or a valid certificate of registration from the food
97 protection certification program of the educational testing
98 service center for occupational and professional assessment and
99 payment of a fee of ten dollars ($10).
100 (d) Such certificates shall be issued in the name of
101 an individual only and shall be valid for a period of three (3)
102 years after the date of issuance.
103 (e) A food service manager's certificate shall be
104 renewed for a three (3) year period upon payment of a fee of ten
105 dollars ($10) to the Virginia Beach health department and: (1)
106 Completing a refresher course in food protection which shall be
107 approved by the health authority; or (2) Take and pass the food
108 protection certification program test of the educational testing
109 services center for occupational and professional assessment.
110 (f) The health authority may require certified
ill supervisory personnel to successfully complete additional
112 training as specified by the health authority, when:
113 1. The employing food service establishment
114 has repeated or persistent violations of
115 critical health code requirements and
116 effective corrective action has not beentaken
3
117 over a reasonable period of time, as
118 determined by the health authority, or
119 2. The employing food service establishment
120 is suspected with reasonable cause by the
121 health authority as the source of a foodborne
122 illness.
123 All costs associated with required training or testing
124 shall be the responsibility of the food service establishment or
125 the individual food service manager.
126
127 Section 13-5. Proof of Certification.
128 Each certified food service operator shall display
129 his/her certificate in a prominent location in the establishment
130 or carry it upon his/her person when on duty, as directed by the
131 health authority.
132
133 Section 13-6. Certificate not Transferable.
134 A food service operator's certificate is not
135 transferable from one person to another.
136
137 Section 13-7. Exemptions.
138 Food service establishments that serve, sell or
139 distribute only prepackaged foods and beverages are exempt from
140 the provisions of this section. Temporary food service
141 establishments that operate at a fixed location for a period of
142 time of not more than fourteen (14) consecutive days in
143 conjunction with a single event or celebration may be exempted by
144 the health authority. The health authority may also grant
145 additional exemptions to this chapter on the basis of a risk
146 assessment of a food service establishment.
147
148 Section 13-8 Penalty for Violation.
149 Any owner or operator of a food service establishment
150 found to be in violation of this article shall be guilty of a
151 misdemeanor subject to a fine of up to One Thousand Dollars
4
152 ($1,000). Each day that such a violation exists shall constitute
153 a separate offense-
154
155 Section 13-9. Severability.
156 if any section, sub-section, sentence, clause, phrase,
157 or portion of this ordinance is, for any reason, held invalid or
158 unconstitutional by any court Of competent jurisdiction, such
159 portion shall be deemed a separate, distinct and independent
160 provision and such holding shall not affect the validity of the
161 remaining portions of this ordinance.
162
163 Sections 13-10 to 13-15. Reserved.
164
165 Adopted by the Council of the City of Virginia Beach,
166 Virginia, on the 2 day of May 1988.
167
168 CJS/epm
169 04/12/88
170 04/22/88
171 05/02/88
172 CA-02667
173 \ordin\proposed\13.00letc.pro
174
5
16 -
Item V-I.
CONSENT AGENDA ITEM # 29295
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED in ONE MOTION Items 1, 3, 4, 7, 9, 11, 12, 13 and 14 of the
CONSENT AGENDA.
Items 2, 5, 6, 8 and 10 were pulled for a separate vo-@e.
Voting: 11-0
Council Members Voting Aye:
Albert 1,1. 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 Members Absent:
None
1 7
Item V-I. I
GONSENT AGENDA ITE-ill # 29296
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute
an agreement with the City of Chesapeake for
installing water, sewer and streets in the Queen
City Subdivision which lies in Virginia Beach and
the City of Chesapeake.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Ai'I'K,,,i rL) AS TO CC)NTE,'@ TS
DEPARTMENT
2
3 APPROVED AS TO LEGAL
4 SUI I-!C'EN,'k--Y AND FOR,M
5
6
7 CITY AT'@-@vy
8
9 Requested by: The office of Housing and Community Development
10
11
12 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
13 EXECUTE AN AGREEMENT WITH THE CITY OF
14 CHESAPEAKE FOR INSTALLING WATER, SEWER AND
15 STREETS IN THE QUEEN CITY SUBDIVISION WHICH
16 LIES IN VIRGINIA BEACH AND THE CITY OF
17 CHESAPEAKE
18
19
20 0 R D I N A N C E
21
22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 WHEREAS, pursuant to Section 15.1-305, Code of
25 Virginia, 1950 as amended, agreements concerning the acquisition,
26 construction, maintenance and operation of any project is
27 authorized by the General Assembly of Virginia between two or
28 more cities of this state; and
29 WHEREAS, the City of Virginia Beach desires to enter
30 into an agreement with the City of Chesapeake for installing
31 water, sewer and streets in the subdivision known as Queen City,
32 approximately two-thirds of which lies in the City of Virginia
33 Beach and approximately one-third of which lies in the City of
34 Chesapeake; and
35 WHEREAS, on April 19, 1988, the City of Chesapeake
36 executed the attached agreement and said agreement shall be
37 effective if the Council of the City of Virginia Beach authorizes
38 the City Manager to sign and execute the agreement.
39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
40 CITY OF VIRGINIA BEACH, VIRGINIA:
41 That the attached agreement is hereby approved and
42 Aubrey V. Watts, Jr., City Manager of the City of Virginia Beach,
43 be and hereby is authorized and directed to sign and execute on
44 behalf of the City of Virginia Beach the agreement attached
45 hereto and made a part hereof; and, Ruth Hodges Smith, City
46 Clerk, be and hereby is authorized to witness the signature of
47 said City Manager and to affix the official seal of the city of
48 Virginia Beach on said agreement.
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia this 2 day of May 1988.
51
52 DSH/awi
53 4/27/88
54 Queen.Ord
55
2
A G R E E M E N T
THIS AGREEMENT Made this 107 -
day of
19 between the City of Virginia Beach and the City of
Chesapeake, Municipal Corpora@ons of the Commonwealth of
Virginia, pursuant to the authority of Virginia Code 15.1-305.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in
consideration of the mutual covenants hereinafter set forth and
for other good and valuable consideration, the parties hereto do
hereby mutually agree as follows:
1. The QUEEN CITY NEIGHBORHOOD is more particularly known
as BLOCK ONE, BLOCK TWO, BLOCK THREE, BLOCK FOUR, and BLOCK FIVE
as shown on the subdivision of part of the J.A. Wise farm,
recorded in the Map Book 4 at page 152 on October 13, 1910, in
the Circuit Court Clerk's office of the City of Virginia Beach,
Virginia. The p@oposed water main and sewer force main to be
constructed and maintained are generally shown in Exhibit "A",
which is attached hereto and incorporated by reference.
Hereafter, this neighborhood will be referred to as the "Project
Area" as shown on Exhibit "A."
2. Pursuant to the agreement between the parties dated
February 22, 1983, Virginia Beach currently owns a water main and
sewer force main located within the City of Chesapeake's right-
of-way in Providence Road and continuing west from the Virginia
Beach border to the intersection of Providence Road and Queen
City Road. There existing water and sewer mains shall remain in
place and shall continue to be the property of Virginia Beach.
The City of Chesapeake hereby grants to virginia Beach the right
to extend said water line and sewer force main from Providence
Road northerly along Queen City Road within the city of
Chesapeake in order that Virginia Beach may provide water and
sewer service to the residents of the city of Virginia Beach.
The city of virginia Beach shall own, operate and maintain the
sewer force main and water line from Providence Road and
northerly along Queen City Road within the City of Chesapeake.
3. The City of Chesapeake hereby grants to Virginia Beach
the right to extend the proposed water and sewer facilities
westerly along carrington Avenue to MacDonald Road within the
City of Chesapeake and then northerly along MaCDonald Road within
the City of Chesapeake in order to connect to the existing water
line in Virginia Beach at the intersection of MacDonald Road and
Townsend Road and to provide water and sewer service to Virginia
Beach residents along said line. The city of Virginia Beach
shall own, operate and maintain the water and sewer facilities
westerly along Carrington Avenue to MacDonald Road and then
northerly along MacDonald Road within the City of Chesapeake.
4. Virginia Beach shall have perpetual access within
Chesapeake streets, easements and rights-of-way as necessary for
operations and maintenance of the water and sewer facilities for
the project area. Virginia Beach will return such easements and
rights-of-way to their original conditions after any maintenance
or improvements. Virginia Beach agrees to hold Chesapeake, its
agents and employees, harmless from any damages or claims arising
-2-
out of the use, operation or maintenance of the project.
5. Before beginning any work, Virginia Beach shall notify
the chesapeake Public Works Permit Department and secure the
permits necessary to work in the City of Chesapeake's right-of-
way. However, under no circumstances shall this notification
requirement serve to prevent virginia Beach from making prompt
repairs to the water or sewer system serving the project area in
the event of an emergency.
6. if Virginia Beach acquires any property rights along
Queen City Road, Carrington Avenue, or MacDonald Road, within the
City of Chesapeake, such easements or rights-of-way shall be
taken in the name of the City of Virginia Beach. The City of
Virginia Beach will pay for any acquisitions for all rights-of-
way located in the City of Chesapeake for water and sewer
facilities that will be owned by the City of Virginia Beach,
including title searches, appraisals and non-city attorney's
fees. However, the City of Chesapeake will assist the City of
Virginia Beach in acquiring the easements and rights-of-way
located in Chesapeake, including but not limited to filing
Petitions for Condemnation under Virginia Eminent Domain Statutes
and pursuing those matters in the appropriate courts when
necessary; any costs associated with such acquisitions shall be
borne by Virginia Beach.
7. This agreement supersedes all terms and conditions of
that certain agreement dated November 26, 1982 by and between
the City of Virginia Beach and the City of Chesapeake.
-3-
8. This docwnent contains the entire agreement between the
parties hereto, and it cannot be altered or modified in any way
except by the authority of the respective City Councils and in
writing signed by the appropriate parties.
9. The conditions of this agreement shall become effective
when signed by both City Managers and attested by the respective
City Clerks.
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
City Manager
CITY OF CHESAPF-AKE, VIRGINIA
City Manager
(SEAL)
Resolution Attached.
Effective Date:
ATTEST:
(SEAL)
City Clerk
Ordinance No.
Effective date:
-4-
STATE OF VIRGINIA,
CITY OF CHESAPEAKE, tO wit:
I, oi I a Notary Public in and for the CitY
and State aforesaid, do hereby certify that i.W. Rein and Betty
J. callaway, City Manager and City Clerk, respectively, of the
city of Chesapeake, Virginia, whose names are signed to the
foregoing writing bearing date of / O lz-IqS' , have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of @PP-1 19
My commission expires:
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and I the City Manager and City
Clerk, respectively, of the city of virginia Beach, whose names
are signed to the foregoing writing bearing date of
, have acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand this day of 19
My Commission expires:
-5-
I u--
4
C)SED VIATER LINE
20
CITY LINIITS
PROPOSED @','AT E R LINE OU[7.EN Cl-i'Y
@'HOPOSED FORCE 1,4AIN POSED
t:-:Xlil@31T "A"
Li-i l@ I i IS D, @ 'L Pi): @ L,
1,N@@L) BY LI'@'y Of VA'. Be.A(,ti
Ul I L I i I ES
KOJLCT ;,'@'LA
Item V-I.2.
CONSENT AGENDA ITEM # 29297
In response to Councilman Fentress' inquiry, the City Ilanager advised the Pla7,a
Volunteer Rescue Squad will repay the refundable grant tlirough their various
fund raising activities.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $63,000 from the General
Fund Balance to the Plaza Volunteer Fire Department
for repayment of a bank loan for two ambulances.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO
APPROPRIATE TO THE PLAZA
VOLUNTEER RESCUE SQUAD
$63,000 FOR REPAYMENT OF
A BANK LOAN FOR TWO
AMBULANCES
WHEREAS, the Plaza Volunteer Rescue Squad is indebted to a
local bank for the purchase of two ambulances, and
WHEREAS, the Plaza Volunteer Rescue Squad desires to be
relieved of the interest cost of this loan so that more funds
will be available for service delivery to citizens, and
WHEREAS, the Plaza Volunteer Rescue Squad has requested
$63,000 for the purpose of paying the bank loan and City Council
considers it appropriate to make this amount available for such a
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $63,000 be appropriated
from the General Fund Balance to the Plaza Volunteer Fire
Department to pay the bank loan. It is anticipated that $63,000
will be repaid to the city on the following schedule:
May 1, 1989 $15,750
May 1, 1990 15,750
May 1, 1991 15,750
May 1, 1992 -16,750
Total
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
---- day of ----------------------------- 19
FIRST READING: May 2, 1988
SECOND READING:
- 19 -
Item V-I.3.
CONSENT AGENDA ITEM # 29298
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $9,326 to the Mental
Health and Mental Retardation Contractual Services
Fund and Substance Abuse Services and that revenue
from The Commonwealth of Virginia to the Mental
Health and Mental Retardation Contractual Services
rund be increased by $9,326.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
0 z z
AN ORDINANCE TO APPROPRIATE
<
< $9,326 IN ADDITIONAL STATE RESOURCES TO
THE DEPARTMENT OF MENTAL HEALTH/ MENTAL RETARDATION
> L) AND SUBSTANCE ABUSE SERVICES
WHEREAS, the FY 1987-88 City of Virginia Beach Operating Budget included
appropriations in the amount of $1,231,880 in the Contractual Services Fund for
Mental Health and Mental Retardation Services, and
WHEREAS, the confirmed Statement of Grant between the City of Virginia Beach
and the State Department of Mental Health/ Mental Retardation and Substance Abuse
Services included $1,241,206 in state funds for contractual services, and
WHEREAS, the Community Services Board has identified specific contractual
services which could be purchased with these additional funds to meet client
needs,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $9,326 be appropriated to the Mental Health
and Mental Retardation Contractual Services Fund and that Revenue from the
Commonwealth to the Mental Health and Mental Retardation Contractual Services
Fund be increased by $9,326.
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.
FIRST READING: May 2, 1988
SECOND READING:
- 20 -
Item V-I -4.
CONSENT AGENDA ITEM # 29299
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Resolution authorizing the School Board of the City
of Virginia Beach to apply for a loan of $2,500,000
from the Literary Fund of the State Board of
Education of Virginia for the construction of
Glenwood Elementary School.
Voting: 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. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council liembers Absent:
None
"Councilman Moss advised his wife is a teacher in the Virginia Beach School
System, but he is able to approve or deny ite,.ns related to the School Board
,'airly, objectively and in the public interest
R E S 0 L U T I 0 N
WHEREAS, the Code of Virginia authorizes the Board of
Education to make loans from the Literary Fund to the School Boards
for the purpose of erecting, altering or enlarging school
buildings, and
WHEREAS, Officials of the School Board for the City of
Virginia Beach, Virginia have prepared an application addressed to
the State Board of Education of Virginia for the purpose of
borrowing from the Literary Fund $2,500,000 for an elementary
school located in the Glenwood Subdivision at the intersection of
Bell Spring Road and Round Hill Drive, to be paid in 20 annual
installments and the interest thereon at 4 percent paid annually.
WHEREAS, City Council desires to support this request and
beli.eves it to be appropriate:
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Virginia Beach that the application to the State Board of
Education of Virginia for a loan of $2,500,000 from the Literary
Fund to the School Board of the City of Virginia Beach is hereby
approved.
This resolution shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 2 day of May 1 1988.
CERTIFIED TO BE A TRUE COPY OF THE RESOLUTION ADOPTED BY THE
VIRGINIA BEACH CITY COUNCIL ON 1 1988, TO BE MADE A
PART OF THE APPLICATION ON BEHALF OF THE SCHOOL BOARD OF THE CITY
OF VIRGINIA BEACH.
DATE:
City Clerk
VIRGINIA BEACH CITY PUBLIC SCHOOLS
SCHOOL ADMINISTRATION BUILDING 0 P.O. BOX 6038 o VIRGINIA BEACH, VIPGINIA 23456-0038
JAMES E. MELVIN, Ed.D.
SUPERINTENDENT OF SCHOOLS
Aoril 2"i 198
APR 21
Mr. Giles G. Dodd
Assistant city manager
for Administration
City Hall Bldg., Municipal Center
virginia Beach, Virginia 23456
SUBJECT: CITY COUNCIL RESOLUTION FOR LITERARY FUND
LOAN FOR GLENWOOD ELEMENTARY SCHOOL
Dear Mr. Dodd:
We are in the process of applying for a loan from the
State Literary Fund for Glenwood Elementary School.
Page (3) of the application is a resolution for City
Council to approve the application and authorize the
School Board to borrow the funds.
would you please ensure that the attached resolution is
included in the agenda for appropriate action by the
City Council, and that the executed form is returned to
US. We would like to file the form with the State as
soon as possible to get on the waiting list for the
loan.
Sincerely,
Mary H. Pace, Staff Assistant
Department of Operational Services
MHP/rw
Attachments
cc: E. Carlton Bowyer
Assistant Superintendent
Operational Services
City of virginia Beach, VA
School Bonds Outstanding
Bond Issue Maturity Rate of
Issue Date Date Interest
1968-A School 06/01/68 12/01/88 4.50%
1972-A School 09/01/72 09/01/92 5.094909%
1972-B School 06/01/73 06/01/94 4.905989%
1974 Public Improvement 11/01/74 11/01/92 5.8219%
1975 Public Improvement 12/01/75 12/01/95 6.1031%
1976 Public Improvement- 12/01/76 08/01/96 4.803472%
1977 Public Improvement 12/01/77 10/01/97 4.9517%
1978 Public Improvement 12/01/78 10/01/98 5.6296%
1979 Public Improvement 11/01/79 11/01/99 6.374941%
*1980 Public Improvement 02/01/82 12/01/91 11.885%
*1981 Public Improvement 02/01/82 12/01/91 11.885%
**1982 Public Improvement 12/01/82 11/01/02 9.5333%
**1984 Public Improvement 07/15/84 07/15/04 9.336614%
1985 Public Improvement 02/01/85 02/01/01 8.210425%
1985 Public Impr. Refunding 11/15/85 12/01/97 7.577744%
1986 Public Improvement 05/01/86 05/01/06 6.95958%
1986 Public Impr. Refunding 09/01/86 07/15/04 7.042%
1987 Public Improvement 05/15/87 05/01/07 7.016016%
* A portion of this issue has been refunded (1985 Public Improvement
Refunding Bonds, dated 11/15/85).
** A portion of this issue bas been refunded (1986 Refunding Bonds,
dated 09/01/86)
ATrORNEY'S CERTIFICATE OF TME
THis IS TO CERTIFY that I, Jay A. Ridhardson a qualified and competent attomey,
or Attorncy for the Commonwcalth for - Virclinia Beach County or City, or the City or Countv
Attorney for city of Virginia Beach have examined the title of the School Board or Goveming Bodv
of Virginia Beach
County or Citv, Virginia to that certain lot, parcel or tract of land re-
ferred to in the attached application, and that the School Board of Citv Of Vir Wlhe Goveming Bodv
of has a fec simple title to said land, and the same is free from encumbrances, except as
noted in attached summary.
Executed this -@4t4ay of March 19 8.8
Attomey, or
City or County
County or City
CERTIFICATE OF THE CLERK OF COURT
WHEItEAS, the school board of the goveming body of Virqinia Beach owns res of real estate
in county or the cityof Vi@n-ia Beach Vironia,onwhich
to erect the school building described in this application. The title deed to this property is recorded in the clerk's office for
county, or Vi rg i n i A Rtach city, in deed book number 2691 'page-i'-57
book nu.mber 2691 , page 1158 book number 2691 page 1159 .
ONE. That the title to the real estate has been cxamined and approved in wtiting by the attomey for the Commonwealth.
tbe county or city attomey or other competent attorney and his report filed with the clerk of the court.
Two. That the certificate of the attomey examining the title sho," that the school board or the governing body oi
Vi rq i n i a Beach C i ty has a good and sufficient title in fee simple to the real estate subject to the (following) (no,
encumbrances (note encumbrances, if !2y @t-@ h-d-d and@
Given under mv hand this the day of
Clerk
court of
Virginia Beach County or City
SEAL
THis APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School
Buildings."
Date Associate Director of Energy & Facilities Services
Attorney's Certificate of title and t@s application approved this, the day of - 19-
Attornev General of Virginia
Approved by the State Board of Education, 19--
For Secretary State Board of Education
(4)
STATEMENT OF THE COUNTY OR CIT-Y TREASURER
1. Assessed Value of Real and Personal Property, subject to taxation for countv schodl pu@ at date of this report.
Real Estate .. 2729-88 ...
Tangible Personal Property r,,d' ., -4 I 8, 61
Public Service Corporations 6/30/87,RE and PP $ ;>97.4qq 4P.9
Total s
2. Income of the County or City for school purposes for current fiscal year:
County School Levy $
Cash Appropriations (local) FY.87-88 $ 4
I)isttiet b@ School Cap@l Project $ 71:$08,299
Total $ 123 046 303
3. Indebtedness of County or City (including districts) for school purposes at date of this report:
Literary Fund Loans $ 1,700,000
Long-Term Bonds $_ 101,359,475
Temp.rary Loans $-
Total $ 103,059,475
4. Record of School Bonds Outstanding (not including Literary Fund Loans)
Long-TerTn School Bond,: Please see attached
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
5. Payments for Indebtedness from school funds for current fiscal year: (Include th@e to be paid before end of current year.)
To Literary Fund of Virginia, including Interest $ 151,000
To Sinking Fund for Retirement of Long-Term School Bonds $
Long-Term School Bonds paid, including Interest $ 13,4
ToW $ 13,567,986
Temporary Loans Paid $ -
Total Indebtedness Paid $_ 13,567@986
I certify that the above is a true statement conceming the sch s for Virginia_Beach County or City
for the year l9AZ- - 19 88 , according to the records of my office
Treasurer
Date .4) for ivirginia Beach County
City
(5)
V.A. 005 1/86
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Narne of School lenw od Ele Na-e of County-City
TO THE STATE BOARD OF EDUCATION,
Richmond, Virginia:
Gentlemen:
The School Board for the County-City of lr i@14-B ach hereby makes application for a
loan of $ 2 500 000 - from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at Round Hill Dr. & Bel@r Rd , as follows:
(Describe briefly) 590- 1 lementar nwood
Subdivision at the intersection of Round Hill Drive and Bell Sprinq Road.
i. The said building, addition, or permanent improvement described above, to be f brick & concrete masonry
(Typ. f -.@t-@Lion, brick, f@-e, @tc.
will be used as a a- building, and is estimated to cost $
(El.m., H. S., C.mb. Elem. & H.S.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $ 1 2 , 0 4 9 , 0 0 0 -.
3. There is at present a loan from the Literary Fund on this n a in the amount
(Buildi.g r @ch-I plant)
of /a
4. The total amount of the loan wdl not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or permanent impro,ement. @ill be located contains - 2 5 acres.
of -hich @ 2 acres are @ell suited and useable, or can be ewilv improved and made useable, for plav ound and
gr
recreational purposes.
6. The plans and specifications for the building or improement, complying with Niinimum School Building Re-
quirements, have been or will be apptoved by the division superintendent of schools and the Sup@ntendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, addition, or permanent impronement, is desirable because: (Explain briefly)
Approximaterly 7, d
octentia i tdent enrolim om ts the need for this project.
B. The presenttofal indebtedness of the County-City for school buildings is$-103 , 059 , 475 of which
$1,70 000 is owed to the Literary Fund.
9. This County-Citv has not defaulted or failed to meet its debt se@ice obligations as and hen duc for the past
five vcars except, as follows: _n/a
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance witb
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or sur,,ey made by (gi@e title and date) Enrollment
Projections & School Needs presented to the School Board, October 1984.
12. This loan is to be made for 20 ymn, and is to be paid in 20 annual installments, with interest at
5 . 20 5 . 20
the rate of 4% per centum per annum, payable annually.
.i3. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this appbcation),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of thc principal of any previous loan from the Lit-
erary Fund and, for at least two vears immediately befcre this loan, has not been more than six months in default in the pay-
ment of interest due on any loan from the Literary Fund.
Given under my hand this the 19th day of 19
THE SCHOOL BOARD Beach COUNTY-CITY
Bv Chairman.
A77EST: Clerk.
SEAL
(2)
AT A MEETING of the Board of Supervisors for the County of n/a or the Council
for the City of Virginia B,-arh held in the said County or City on the day of
, 19-:
WHEREAS, The School Board for the County of n/a or City
of Ion the --- day of 19@8 , presented
to this Board or Council, an application addrcssed to the St-ate Board of Education of Virginia for the purpose of borrowing
from the Literary Fund $ 2 , LO, 000 for the new school building (or for adding to or improving the present
school building) at --n/a --, to be paid in 20 annual installments, and the interest thereon at
5 . 20
4 pcr cent paid annually.
RESOLVED, That the application of the County or City School Board to the State Board of Education of Virginia
for a loan of $ 2 , 5 0 0 , @O _ from the Literary Fund is hereby approved, and autbority is hereby granted the said
County or City School Board to borrow the @d amount for the purpose set out in said application.
The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the
time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses
and to pay this loan in annual installments and the interest thereon, as required by law regulating loans fmm the Literary
Fund.
I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the
County of n/a - or the Council of the City of V i r q i n i a B e a c h , V A
The attached resolution is a copy of the
resolution adoptl!d by the VirgiDia Beach
City Council on the day of Clerk
1988, and is hereby @de a part of this
application on the behalf of the School
Board of the City of V4-rginia Beach,
Virginia. SEAL BOARD OF SUPERVISORS FOR THE
COUNTY OF n/a
COUNCIL FOR TI4E
CITY OF Virginia Beach, Va
(3)
- 21 -
Item V-I-5.
CONSENT AGENDA ITEM # 29300
Councilman Perry inquired when these water and sewer projects would commence.
Clarence Warnstaff, Director of Public Utilities, advised with City Council's
APPROVAL, the Engineering Design of the North Seaboard Road Neighborhood would
commence immediately. Normally for Neighborhood Projects, the time frame for
commencement of construction averages two years from the time the project is
authorized to the time of completion. Because this is a Class I Health Area,
the City is going to accelerate the Schedule.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $425,000 from Water and Sewer
Capital Projects Fund to establish water and sewer
projects for the North Seaboard Road Neighborhood.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, I;ancy K. Parker* and John L.
Perry
Council Members Voting Hay:
None
Council Members Absent:
None
'@Verbal Aye
u 2@,
0 t-;
- z AN ORDINANCE TO TRANSFER FUNDS OF $425,000
0
TO ESTABLISH WATER AND SEWER PROJECTS FOR THE
z
NORTH SEABOARD ROAD NEIGHBORHOOD
@HEREAS, the North Seaboard Road Neighborhood, located in the Princess
CL
Anne Bi,rough, draws its water supply from groundwater wells and uses septic Lank
systems which average 33 years of age, and
WHEREAS, the Health Department conducted a survey in Lhe neighborhood
and has found failing septic systems, illegal discharge pipes into road ditches,
and poorly draining soils, and consequently has rated the neighborhood as a Class
I Health Risk Area in immediate need of sanilary sewer, and
WHEREAS, the neighborhood has qualified for the extension of city water
inLo the neighborhood under the 51% property owners service request program, and
WHEREAS, the preliminary engineering estimate for the sewer project is
$150,000 while the water project is $275,000, and
WHEREAS, the funds for the projects may be transferred from project #5-
306 Water Request and Agreement.
NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that projects 5-038 North Seaboard Road Water and 6-984 North
Seaboard are hereby eslablished as capital projects and that funds in the amount
of $425,000 are transferred as shown below to provide city water and sewer
services for the North Seaboard Road Neighborhood Area.
Transfer To:
5-038 North Seaboard Road Water $ 275,000
6-984 North Seaboard Road Sewer 150,000
Transfer From:
5-306 Water Request and Agreement $425,000
This ordinance shall be effective from the date of iLs adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
2 day of May , 1988.
- 22 -
Item V-I.6.
CONSENT AGENDA ITEM # 20301
The City Manager advised Councilman Fentress when the renovation is completed
to the Marina, the City has not yet decided whether they will operate it or
lease same.
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to TRANSFER $26,447 from sources within
the Department of Parks and Recreation to fund the
monthly interim payments to the Lynnhaven Municipal
Marina Concessionaire.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
z
0
AN ORDINANCE TO TRANSFER $26,447 FROM
SOURCES WITHIN THE DEPARTMENT OF PARKS AND
RECREATION TO FUND THE INTERIM SETTLEMENTS
WITH THE LYNNHAVEN MUNICIPAL MARINA CONCESSIONAIRE
c@
WHEREAS, on May 1, 1984 the City of Virginia Beach entered into an
agreement with Mr. Alfonso Strazzullo to operate the concessions at the Lynnhaven
Municipal Marina
WHEREAS, due to the need for renovations the Lynnhaven Municipal Marina
was closed on December 31, 1986 resulting in a loss of revenue to Mr Strazzullo,
and
WHEREAS, the City has agreed to make interim payments to the
concessionaire in order to reimburse him for lost revenue, and
WHEREAS, the Department of Parks and Recreation estimates that $26,447
is needed for the interim payments until the scheduled reopening in September of
1988, at which point the concessionaire will operate the concessions at the
marina until the completion of the existing contract in April of 1989, and
WHEREAS, the funds needed are available through transfers within the
Department of Parks and Recreation's FY 1987-88 Operating Budget.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCTL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that $26,447 be transferred from sources within the
Department of Parks and Recreation to continue providing monthly interim payments
to the concessionaire at the Lynnhaven Municipal Marina until it reopens.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Second day of May 1988.
Marina.88
- 23 -
Item V-I.7.
CONSENT AGENDA ITEM # 29302
Upon niotion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance to TRANSFER $22,000 from sources within
the Department of Parks and Recreation to replace
the filtration tank for the swimming pool at the
Kempsville Recreation Center and to adjust the FY
1988-1989 Operating Budget by $25,000.
Voting: 11-0
Council Members Voting A@re:
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
,Iieyera E. Oberildorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
f4one
Council Members Absent:
None
1-
z
p-
z 0
0
0
AN ORDINANCE TO TRANSFER $22,000 FROM SOURCES
WITHIN THE DEPARTMENT OF PARKS AND RECREATION
TO REPLACE THE FILTRATION TANK AT KEMPSVIILLE
RECREATION CENTER AND TO ADJUST THE
FY 1988-89 OPERATING BUDGET
WHEREAS, the galvanized tanks used by the pool filtration system have
for the last three years, suffered recurring leaks in an area difficult to
repair, and
WHEREAS, the existing filtration system at the Kempsville Recreation
Center is eleven years old and the two tanks had been slated for replacement in
the FY 1988-89 Operating Budget, and
WHEREAS, the pool is open to the public seven days a week for twelve to
fourteen hours each day and any delay in acquisition may result in having to
close the pool for an extended period, and
WHEREAS, the Department of Parks and Recreation has identified
sufficient funding from within the current fiscal year to purchase two new tanks,
and
WHEREAS, the FY 1988-89 Operating Budget can be reduced by $25,000 by
replacing the tanks in this fiscal year which will result in a $3,000 savings to
the City due to early acquisition
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $22,000 be transferred from
within the Department of Parks and Recreation to purchase two new filtration
tanks for the swimming pool at the Kempsville Recreation Center, and
BE IT FURTHER ORDAINED that the FY 1988-89 Operating Budget for the
Department be adjusted by $25,000 to reflect the early purchase of this
equipment.
This Ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
Second day of May , 1988.
- 24 -
Item V-I.8.
CONSENT AGENDA ITEM # 29303
Councilman Fentress inquired as Seashore Management Ltd. is applying for the
first open air/boardwalk cafe on a "stub street" and the Franchise Fee is
$2.00 per square foot how does this relate to the annual fee on the Ocean
Front.
The City Staff will advise.
Upon motion by Councilinan Fentress, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance Granting Franchise to Seashore Management
Ltd., trading as Hilton inn/Laverne's Cafe, to
operate an open air/boardwalk cafe at 7th Street
and Atlantic Avenue.
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 John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Councilwoman Nancy K. Parker ABSTAINED as she and her husband do business with
the applicant.
1 AN ORDINANCE AUTHORIZING THE CITV OF VIRGINIA
2 BEACH TO GRANT A FRANCHISE TO SEASHORE
3 MANAGEMENT LTD. TO OPERATE AN OPEN
4 AIR/BOARDWALK CAFE' SUBJECT TO THE CONDITIONS
5 CONTAINED AND/OR REFERENCED HEREIN
6
7
8 WHEREAS, the City of Virginia Beach has developed a
9 Franchise Agreement to regulate the operation of open air cafe's
10 on public property along the boardwalk and on stub street parks;
11 and
12 WHEREAS, Seashore Management Ltd. (t/a Hilton
13 Inn/Laverne's Cafe') submitted an application for the operation
14 of an open air/boardwalk cafe' and has paid the application fee;
15 and
16 WHEREAS, the representations made in the application
17 comply with the terrns and conditions of the aforementioned
18 Franchise Agreement; and
19 WHEREAS, City Council has been advised by the Office of
20 the City Manager that the proposed cafe' would have no
21 detrimental effects on the public health, safety, welfare, or
22 interest.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That the City is hereby authorized to grant a
26 franchise to Seashore Management Ltd. to operate an open
27 air/boardwalk cafe' at 7th Street and Atlantic Avenue, Virginia
28 Beach, Virginia 23451, from May 15, 1988, to April 30, 1989,
29 conditioned on provision by the proposed franchisee and
30 acceptance by the City of an approved final site plan, liability
31 insurance coverage, a security bond, the applicable franchise
32 fee, and on such other conditions as are required by the afore-
33 mentioned Franchise Agreement.
34
3 5 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 2 day of May 1988.
37
38
39
40 RMB/epm
41 04/26/88
42 CA-2
43 G:\ORDIN\NONCODE\SEASHORE.ORD
@ROVED AS TC) Coi@TtNTS
2
ATLANTIC AVENUE
0
.. ........... ..
EiX 8 STORY BUILDING EX 1 STORY BUILDING
FF 13.04 FF 1 2.7 8
BOARDWALK
........... ........................
- 25 -
Item V-I.9.
CONSENT AGENDA ITEM # 29304
Upon motion by Councilman Heischober, seconded bA, Councilman Balko, City
Council APPROVED:
Utility Projects for 51% Neighborhood Participation:
Garnett Point Road Water $ 42,000
Robbins Corner Sanitary Sewer $100,000
Salem Road C and D Sanitary Sewer $965,000
Stumpy Lake Lane Water $160,000
14hitehurst Landing Road Sanitarv Sewer $ 44,000
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item V-I-10.
CONSENT AGENDA ITEM # 29305
Councilman Fe-,itress advised another young man was killed on a bicycle on Oceana
Boulevard within the last week. Councilman Fentress requested investigation of
a bike path on one-side of Oceana Boulevard. The City Staff will investigate.
Counciluian Moss advised that on any of these rural roads, when contemplating a
repavement and there is enough room to pave a little wider shoulder, it should
be a standard direction to the City Staff to always include this procedure.
Councilwoman Henley had indicated to Messrs. lqatts and Lambert she believed
the procedure of paving that extra width of shoulder on each side of the actual
drive lanes would be a good model to use when the City begins improvement of
Princes Anne Road in the southern part of the City. Since that particular
section of Oceana Boulevard has just recently had those shoulders graveled, it
would be a good idea to have those shoulders paved. Ilaving that extra
pavement width on the other side of the drive lane would allow bicyclists to
utilize that which makes a much better driving road.
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
LOW BID to REA Construction Company in the amount
of $9i,,416 for Oceana Boulevard Pavement
Rehabilitation Project - Phase II.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item V-I.11.
CONSENT AGENDA ITEM # 29306
Upon motion by Councilmaii lieischober, seconded by Councilman Balko, City
Council APPROVED:
BINGO/RAFFLE PERMITS
Aragona Pembroke Little League - Raffle
First Colonial Band Boosters - Bingo
Roma Lodge #254 - Raffle
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold lieischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Naricy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 28 -
Item V-I.12.
CONSENT AGENDA IT@l 29307
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Limousine & Courier Service, Inc.
Pacific Corporation
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Bauri, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. @loss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item V-I.13-
CONSENT AGENDA ITEM # 29308
Upon motion by Councilinan Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance Authori-zing Tax Refunds in the amount of
$27,366-51 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 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. Moss, Vice Mayor
i@leyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
ORM NO. C.A- 7
13/19/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Eugene F & Lois Lovitt 88 RE(1/2) F,4147-3 11/25/87 21.93
Mary Ann Smith Frable 88 RE(1/2) 35951-0 11/9/87 56.46
Ezra Landres & Harry Polay 88 RE(1/2) 60511-1 11/27/87 191.96
Homestead S & L 85 RE(1/2) 29225-6 12/5/84 67.31
Homestead S & L 85 RE(2/2) 29225-6 6/5/85 67.31
Homestead S & L 86 RE(1/2) 31009-3 11/26/85 98.37
Homestead S & L 86 RE(2/2) 31009-3 6/5/86 98.37
Charles B Barton III 88 RE(1/2) 6160-8 3/10/88 97.69
Frank A Taylor et al 88 RE(1/2) 106814-6 12/5/87 211.52
Investors Asvings Bank 88 RE(1/2) 55630-7 12/5/87 13.59
Investors Savings Bank 88 RE(1/2) 68041-3 12/5/87 459.66
Mutual Federal S & L 88 RE(1/2) 78163-4 11/13/87 259.95
Bay Savings Bank 88 RE(1/2) 71483-2 11/24/87 23.68
M & S Associates 88 RE(1/2) 64859-3 12/4/87 65.78
Richard R Kyle N/A Pkng 133228 3/17/88 10.00
Total 1,743.58
This ordinance shall be effective from date of adoption.
The ement(s) totaling C e ay
?P,Ol@j3" were approved by
the Council of Te City o@Y@'rg'@8
Beach on the -day of -k4c @i
Joh T.
Approved as to fyp:
Ruth Hodges Smith
City Clerk
ale Bimson, City Attorney
c'M NO. C.A. 7 4/1 2/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Van Investment Corp 88 RE(]/2) 53661-4 12/5/87 231.92
Neptune Associates 88 RE(1/2) 79132-0 12/5/87 14,119.70
Neptune Associates 87 RE(1/2) 76344-1 12/5/86 5,040.00
Mariner Associates 87 RE(2/2) 76344-1 9/23/87 5,721.41
Shearson Lehman Mortgage 88 RE(1/2) 120086-8 12/5/87 22.80
Sovran Mortgage Corp 88 RE(1/2) 97910-0 12/5/87 9.66
Sovran Mortgage Corp 88 RE(1/2) 165-6 12/5/87 59.44
Sterling & Bonnie Thacker 88 RE(1/2) 107664-5 12/4/87 24.49
Sterling & Bonnie Thacker 87 RE(1/2) 103577-1 12/5/86 18.94
Sterling & Bonnie Thacker 87 RE(2/2) 103577-1 5/28/87 18.94
Virginia Beach Federal S & L 88 RE(1/2) 83200-9 12/5/87 150.10
Life Savings Bank FSB 88 RE(1/2) 19877-5 12/5/87 3.95
Columbia First Federal S & L 88 RE(1/2) 85037-3 12/5/87 50.94
Sicash Builders Inc 88 RE(1/2) 99193-4 11/25/87 61.39
Frederick E & Alberta Hobson 88 RE(1/2) 48460-7 12/2/87 30.25
John F Eastman N/A Pkng 145711 3/25/88 50.00
M P Raoust 88 Dog V07516 12/31/87 7.00
M P Raoust 88 Dog V07517 12/31/87 2.00
Total 25,622.93
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
2. were approved by
the Council of the City of Vi@iynia 1
Beach on the 2 9888
--day of
reasurer
Approyed as to fprm:
Ruth Hodges Smith
City Clerk
i@Bims6n, City Attorney
FORM NO. P.$. I
Cit@@f
INTER-OFFICE CORRESPONDENCE
DATE: 4/21/88
TO: Dale Bimson DEPARTMENT: City Attorney
FROM: J. D. Banaga DEPARTMENT: Real Estate Assessor
SUBJECI-: Exoneration Estate Tax for Neptune Associates
This property is the Ramada Inn on 57th. The assessment on land was
reduced after the owner submitted an appraisal report prepared by William J.
Jonak, Jr. a prominent local appraiser.
In retrospect I agreed with the report and I felt I had not adequately
adjusted land value downward from those land values used from Rudee Inlet to 40th
Street.
The subject property has an inferior location and zoning (H-1) com-
pared to the main tourist area. The appraisal submitted indicated market
value of $14,000,000 as of August, 1987.
The reduced current year assessment is $13,935,000. Attached is the
cover letter of the appraisal report. The full report is available in my office.
JDB/ejb
- 30 -
Item I-H.14.
CONSENT AGENDA TTEi4 l 29309
Upon motion by Councilman -ifeischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $1,845-49 upon applicant of certain persons and
upon certification of the Commissioner of the
Revenue.
Voting: 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. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
NO. C@k 8 REV@ 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty Int. Total
Year Paid
Beril Abraharn
3077 Brickhouse Court
virginia Beach, Virginia 23452 1986-87 Audit 161.11 161.11
Anco Mrketing, Inc.
2235 Barrard Avenue
Norfolk, Virginia 23504 1985-86 Audit 46.00 46.00
Anne Barnes Tncorporated
T/A Ebr Curls Only
914 Campostella Road
Nc)rfolk, Virginia 23523 1986-87 Audit 122.95 122.95
Certified as to Payment:
Robert P. Vaughan
Commissioner of the @evenue
App@oved as to.form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $330. 06 were approved by the Council
of the City of Virginia Beach on the 2 day of May
- '19 88
Ruth Hodges Smith
City Clerk
@M NO, C.k 8 FTEV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Claude M. Dubresson
T/A Par@y Laundrcmt
2221 West al Drive
virginia Beach, virginia 23451 1986-87 Audit 46.83 46.83
Jordan Gold
T/A Admiration Lighting Go.
3053 Glastonbury Drive
Virginia Beach, Virginia 23456 1983-86 Audit 72.32 72.32
Jay C. Gc)uld & Pobert J. Duffy
T/A B C Painting
Virg:Lnia Beach, Virg:Lnia 23454 1986-87 Audit 18.00 18.00
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to t
ale m..
This ordinance shall be effective from date of L-f ty Attorney
adoption.
The above abatement(s) totaling $137.15 were approved by the Council
of the City of Virginia Beach on the 2 day of May 1988
Ruth Hodges Smith
City Clerk
FORM NO. C,A. 8 FEV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Allen Grisscm
T/A Allen R. Grisscm CPA
6037 Providence PDad #5
Virginia Beach, VirgLnia 23464 1987 License 19.45 19.45
Hair Flair, Inc.
T/A Hair Flair By Nino & 00.
405 south Parliament Drive
virginia Beach, virginia 23462 1986-87 Audit 133.38 133.38
Mildred C. FranciscO
T/A Unisex Hairpc)rt
1122 Green RLin Square Shopping Cent-
Virginia Beach, virginia 23452 1985-86 Audit 15.76 15.76
Cenified as to Payment:
-Robert P. Vaughan
Commissioner of the Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $168.59 were approved by the Council
2 May 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
@M NO. C.A. 8 @V@ &86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Julie Fuller
T/A Art & Interiors unlimited
403 Harbc)r Point #302
Virginia Beach, Virginia 23451 1986-87 Audit 13.20 13.20
Guy Jeffrey @Kee
432 Bamboo Lane
Virginia Beach, Virginia 23452 1985-87 Audit 18.00 18.00
The Movie Vault, Inc.
5340 Alton Drive
virginia Beach, Virginia 23464 1986-87 Audit 96.53 96.53
Certified as to Payment:
@o6ert P. Vau-ghan
Commissioner of the Revenue
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $127.73 were approved by the Council
of the City of Virginia Beach on the 2 day of may .19 88
Ruth Hodges Smith
City Clerk
FORM No C.A. 8 P.EV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license retunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Base Penalty lnt. Total
NAME Year Paid
Pennisula niffler, Inc.
T/A Meineke Discount Muffler
5128 @ee Lane
vir,ginia Beach, Virginia 23464 1987 License 290.00 290.00
Rivets, Inc.
5437 Todd Street
Virginia Beach, Virginia 23464 1986-87 Audit 225.84 225.84
Barbara Roe
T/A Barbara Roe Bookkeeping service
2068 Susan @e Iane
virginia Beach, virginia 23464 1986-87 Audit 49.73 49.73
Certified as to Payment:
@obert P. Vaughin
Commissioner of the@vnue
Apprpved as to to
D@le Bimso'n
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling SI;61,-I,7 were approved by the Council
2 May 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM t4O@ C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
@ee's Cc)ve Mariria, Inc.
T/A Fish@'s Catch Restaurant
600 Winston SalErn Avenue
virginia Beach, Virginia 23451 Audit 1985-86 210.02 210.02
surf & Sand, Inc.
T/A Surf & Sand MDtel
Pembroke Five Building #210
virginia Beach, virginia 23462 1986-87 Audit 274.25 274.25
L. E. Washington
T/A PTL
880 Spigel Drive
Virg:Lnia Beach, vi-rginia 23454 1982-83 Audit 32.12 32.12
Certified as to Payment:
o@bert P. Vaughan
Commissioner of the e@enue
Apprgyed as to forn)l
le Bimson
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $516.39 were approved by the Council
of the City of Virginia Beach on the 2 day of May 88
'19 -
Ruth Hodges Smith
City Clerk
- 31 -
Item V-J. 1 .
UNFINISHED BUSINESS ITEM P 29310
ADD-ON
Claudia Cotton, 2117 Smith Avenue, Chesapeake, represented the Tidewater
Builders Association. The problem with establishing a Grace Period of 60
days is the tremendous burden to the Tidewater Builders Association. It
places an extreme financial hardship on those developers who are developing
lots, whether they be large tract developments or custom lots in the City.
To put lots to record before all construction has been completed would first
require that a bond be obtained for all improvements prior to commencement.
It would require a developer to render marketing decisions concerning a
house before they even have a buyer in mind. The Tidewater Builders
Association is requesting consideration of allowing permits to be issued for
lots that fall within the Transitional qules and are so called
ttgrandfathered" under the old CZO and thus be permitted under the old CZO
require-,nents.
Upon motion by Counc*llwoman Henley, seconded by Counclman Moss, City Council
ADOPTED:
A Resolution to Amend the Transitional Rules to be
followed in Connection with the Revision of the
City's Zoning Ordinance.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Ifeischober, 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 @lembers Absent:
None
A RESOLUTION TO AMEND THE TRANSITIONAL RULES
TO BE FOLLOWED IN CONNECTION WITH THE
REVISION OF THE CITY'S ZONING ORDINANCE.
WHEREAS, on April 18, 1988 the Council of the City of
Virginia Beach, Virginia adopted a Resolution to provide
transitional rules to be followed in connection with the revision
of the City's zoning ordinance, and
WHEREAS, the Council desires to amend the aforesaid
Resolution so as to authorize the issuance of building permits in
accordance with the earlier zoning ordinance if certain
conditions are satisfied.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Resolution adopted on April 18, 1988, titled
"A RESOLUTION TO ADOPT TRANSITIONAL RULES TO BE FOLLOWED IN
CONNECTION WITH THE REVISION OF THE CITY'S ZONING ORDINANCE" is
hereby amended by adding a new section 2A as follows:
2A That for a period of 60 days from April 18, 1988,
building permits shall be issued in accordance with the
regulations contained in the ordinance in effect on April 17,
1988 for construction on (a) any lot lawfully created by plat
recorded prior to April 18, 1988, or (b) any lot lawfully
created by plat pursuant to paragraphs 3 or 4 of this Resolution.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 2 day of May 1988.
GLF/rab
05/02/88
WORKING
- 32 -
Item V-J.2.
UNFINISHED BUSINESS ITEM # 29311
ADD-ON
Councilwoman Parker expressed appreciation for the success of the MINI-BOND
SALE.
I
,4uch credit needs to be bestowed upon the City Manager and his Staff especially
Giles Dodd, Assistant City Manager for Administration; Pamela Lingle, Director
of Public Information and her staff; as well as the TV, Radio and News media.
An excellent article in the Washington, D.C. newspaper cited positive
information relative MINI-BONDS in Virginia Beach.
Giles Dodd, Assis"ant City Manager for Administration, is in Atlanta making a
presentation concernitig MINI-BONDS.
Mayor Jones congratulated Councilwo.,nan Parker for sponsoring this successful
concept.
4K
- 33 -
Item V-K. 1 .
NEW BUSINESS ITEM # 29312
ADD-ON
Vice Mayor Oberndorf referenced her attendance at a performance of the
Chesapeake Civic Chorus and the Virginia Symphony in honor of CHESAPEAKE'S
TWENTY-FIFTH BIRTHDAY.
Vice Mayor Oberndorf was most iinpressed. In addition, a poetry reading was
given by a former Vice Mayor of the City who is also Co-Chairman of the Silver
Anniversary Committee, the Honorable Hugo Owen.
At one point in the twenty-five year history of Chesapeake, an artist did (13)
paintings of significant points of interest in Chesapeake. Hugo Owen was so
moved by the r)aintings that he wrote this incredible poetry. Vice Mayor
Oberndorf brouiht back a sample program.
On May Eighth, Chesapeake had Singing and Sundays at Lake Side Park. This
seemed a natural @-or @lount Traslimore.
Vice Mayor Obernodrf thought same might be of interest to Councilwoman McClanan
for utilization in this City's TWENTY-FIFTH ANNIVERSARY.
- 34 -
Iter.i V-K.2.
NEW BUSINESS ITEM # 29313
ADD-ON
Councilman Moss advised he had requested the City Staff to prepare a
statement regarding the V-DOT Public Hearing Wednesday night at Lake Taylor
High School on MaY 4, 1988-
Councilman Moss will request additional time for a Second Public Hearing at a
later date after which the Public has had a chance to be better educated
relative the proposed Statewide Noise Abatement Policy.
3 5
Item V-L. 1 .
ADJOURNMENT ITE14 # 29314
Upon notion by Councilman Balko and BY ACCLAMATION, City Council AWOURNED the
Meeting at 4:05 P.M-
C?
Beverly flooks
Chief Deputy City Clerk
36th flodge6 Smith, CMC
City Clerk
City of Virginia Beach
Virginia