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MAY 16, 1988 cDf NTijr"i@i" "WORLD'S LARGEST RESORT CITY" ROBERT G. A, @,g, VIC@ -- EYE- O@EM--, 1, L,, -FR@ @0, JOHN A @0B., Jo., -Cy @ I-E@ 11 ]O- I -1, B,@@ 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEA CLF, VIRGINIA 23456-9002 (80414274503 VIRGINIA BEACH CITY COUNCIL AGENDA may 16, 1988 ITEM I. CITY I-IANAGERIS BRIEFINGS - Conference Room - 10:00 A14 A. LEAD IN DRINKING WATER - Public Notification Clarence C. Warnstaff, Director of Public Utilities B. IIAYORIS TASK FORCE ON THE CITY'S APPEARANCE William J. Whitney, Jr., Admi,nistrator of Environmental 14anagement C. CITY ZONING ORDINANCE - Interim Report Robert J. Scott, Director of Planning ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON A. CITY COUNCIL CONCERNS ITEM III. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM A. IliVOCATION: Reverend John S. Abbott Aragona Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COU@CIL D. ADOPTION OF ITPliS FOR THE FORMAL AUENDA E. MINUTES 1. INFORMAL & @'01,@@AL SESSIONS - @@lay 9, 1988 F. PROOLA14ATION 1. NATIONAL PUBLIC WORKS WEEK May 15-21, 1988 G. PUBLIC HFARING 1. CERTIFICATE OF OCCUPANCY H. ORDINANCES 1. Ordinance upon SECOND READING to APPROPRIATE for the Fiscal Year beginning July 1, 1988 and ending June 30, 1989, the sum of $527,976,go6 for Operations and $188,879,621 in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. 2. Ordinance upon SECOND READING to ESTABLISH the tax levy on real estate for Tax Fi.scal Year 1989. 3. Ordinance upon SECOND READING to ESTABLISH the tax levy on personal property and machinery and tools for the Calendar Year 1989. 4. Ordinance upon SECOND READING to AMEND and REORDAIN Section 35-207 of the Code of the City of Virginia Beach, Virginia, pertai,ning to the Tax Levy on the sale of cigarettes. 5. Ordinance to AMEND and REORDAIN Section 6-15 of the Code of the City of Virginia Beach, Virginia, pertaining to Changing Clothes in Public. I. RESOLUTIONS 1. INDUSTRIAL DEVELOPMENT REVENUE BOND: a. Sandcastle Motel, Inc. - Refunding Bonds - $2,500,000 2. Resolution authorizing The Honorable Robert G. Jones, Mayor of the City of Virginia Beach, to accept in Dedication the Tidewater Veterans Memorial from Virginia Beach Veterans Memorial Committee, Inc. on MaY 30, 1988. J. 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 to AMEND and REORDAIN Section 21-339 of the Code of the City of Virginia Beach, Virginia, by Adding Paragraph (3) pertaining to Blood Alcohol Content-Presumption. 2. Ordinance to authorize the Acquisition of property in Fee Simple for Lynnhaven Acres Sewer Improvements C.I.P. 6-930 by Agreement or by Condemnation. 3 - Ordinance to authorize Acquisition of property in Fee Simple for right-of-way for Holland Road/Princess Anne Road; and, the Acquisition of Temporary and Permanent Easements of right-of-way, either by Agreement or Condemnation. 4. Ordinance to apply for Community Development Block Grant Funds for the Fourteenth Entitlement Program Year in the amount of $2,159,000. 5. Resolution requesting $20,105 Grant Funds for the Virginia Beach Clean Community Eleventh Year Program from the Department of Conservation and Historic Resources, Division of Litter Control, State of Virginia. 6. Ordinance to TRANSFER $18,000 from the Golf Course Enterprise Fund for the Acquisition of a verti-drain machine for use at the three municipally owned golf courses. 7. Ordinance Granting Franchise to Mariner Associates, a Virginia Limited Partnership, to provide Lifeguard Services and Beach Equipment Rentals on City property adjacent to the property occupied by the Ramada Inn, 57th Street and Oceanfront. 8. LOW BID to REA Construction Company in the amount of $433,847 for 1987-1988 Bituminous Concrete Maintenance Schedule - Contract III. 9. RAFFLE PERMITS Kiwanis Club of Kempsville Philippino Nurses Association of Tidewater 10. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: A. Cavalier Limousine Service 11. Ordinance authorizing tax refunds in the amount of $4,801-39. 12. Ordinance authorizing license refunds in the amount of $5,467.24. K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Interim Financi.al Statements - July 1, 1987, through March 31, 1988 M. ADJOURNMENT 1 5 Item V-E. 1 . MINUTES ITEM # 29434 ADD-ON Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED the Minutes of May 16, 1988, AS CORRECTED: Councilman Fentress CORRECTED: PAGE 33, ITEM #29405, Second Line, Second Paragraph "No "skin" boards (items containing rubber and foam) will be rented" should correctly read: "No "skim" boards will be rented. Only rubber or foam rafts will be rented." Councilwoman Parker CORRECTED: PAr.E 23, ITEM # 29395, Ordinance to AMEND and Reordain Section 6-15 of the Code of the City of Virginia Beach, Virginia, pertaining to Changing Clothes in Public. The Vote should read: Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: None 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, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 16, 1988 The CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL were called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, May 16, 1988, at 10:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Reba S. McClanan (ENTERED: 10:25 A.M.) - 2 - 0 I T Y M A N A G E R IS B R I E F I N G LEAD IN DRINKING WATER 10:00 A.M. ITEM # 29361 The City Manager introduced Clarence C. Warnstaff, Director of Public Utilities. Clarence Warnstaff advised the Water Utility industry throughout the nation is a highly regulated industry. For example, the Commonwealth is subject to Federal regulations. The law governing Federal Regulations i3 the Safe Drinking Water Act. The Safe Drinking Water Act is enforced by the Environmental Protection Agency. At the State Level, the Commonwealth is under the jurisdiction of the Virginia Department of Health. The City must comply with both Federal and State Law. When the Safe Drinking Water Act was Amended in 1986, one of the issues that was focused upon was the use of lead in the construction of the water distribution system and also in the construction of the plumbing inside the home. Every water utility industry requires the issuance of a Public Notice in the Newspaper regarding the Lead in Drinking Water. Even though the City is not in violation of any of the State or Federal water quality standards, the City is required to issue the Public Notice. (Said Public Notice is hereby made a part of the record.) This NOTICE will appear Friday, May 20, 1988, in the Virginian-Pilot, Ledger-Star. Some of the language contained in said Public Notice is mandated by the Environmental Protection Agency. The City is co-ordinating this notice with the surrounding utilities - Chesapeake and the City of Norfolk. The City has also enhanced the testing for lead. More testing has been accomplished than required by law. There have been no problems of lead detected in the system. The Department of Public Utilities has even gone to the extent of going inside customer's homes. About fifty homes in Virginia Beach have been chosen to take water directly from the tap. Two samples were taken, one first thing in the morning and another after the water ran a couple of seconds. The purpose of said testing was to determine whether there was any lead accumulated in the home plumbing as the water sat in the pipes overnight. In the construction of homes and buildings, most of the pipes utilized are copper pipes but they are joined together by lead solder. The issue therefore is has the water caused any of the lead to be dissolved as it sits there overnight. If it has, what is the level of that dissolved lead. Approximately two years ago, the use of lead solder was banned. As a result of the testing, the City found no problems. Clarence Warnstaff emphasized lead pipes are not utilized in the Virginia Beach Water System. The only lead that may possibly be in the system is what is called a service line that connects the Customers' water meter to the main in the street called a water tap. The City has not utilized any of this in three or four decades. Any time a lead service line is discovered it is removed and replaced. Most of the building in Virginia Beach has been done since the 1930's- The City Manager advised there was some old "lead neck" connections in the Beach Borough. Approximately ten or twelve years ago, when a substantial number of the old ten-inch lines in the Beach Borough were replaced, these old "lead neck" connections were removed. Clarence Warnstaff advised the PUBLIC NOTICE and lead testing has been co- ordinated with the Department of Health Department, Dr. George Sjolund. Dr. Sjolund reports that lead tests conducted by the local Health Department have not detected any elevated levels of lead. In his opinion, there is no reason to believe the City will have any problem with elevated levels of lead for the Citizens of Virginia Beach. In Dr. Sjolund's opinion, the Virginia Beach system is in full compliance with Federal and State Law. This NOTICE is required to be run three times for three (3) consecutive months. The ad shall run in May, June and July. In response to Vice Mayor Oberndorf's inquiry, Clarence Warnstaff advised for additional information on this matter, the Virginia Beach Department of Public Utilities may be called at 472-4631 betwen 8:00 to 5:00 P.M., Monday through Friday. This was so noted in the PUBLIC NOTICE. If a customer has a concern, the City will provide, the name of a private certified testing laboratory. The tests costs will range form $25 to $50. - 3 - C I T Y M A N A G E R I S B R I E F I N G S 14AYORIS TASK FORCE ON THE CITYIS APPEARANCE 10:27 A.M. ITEM # 29362 On March 21, 1988, the 14AYORIS TASK FORCE ON THE.CITY'S APPEARANCE completed a preliminary report and forwarded that report to the City Council. The goal of the Task Force was to recommend strategies which, if undertaken, would result in the City of Virginia Beach being recognized as the "most beautiful city in the United States" by the year 2000. Jack Whitney, Director of Environmental Management, distributed a Memorandum relative the City Staff review of the report. (Said Memorandum is hereby made a part of the record.) The report contains fifteen (15) specific goals, thirty- nine (39) more specific objectives and one hundred twelve (112) individual strategies to be adopted. The report describes the importance of aesthetics in all aspects of the Community as part of the general welfare. The report believed consideration of aesthetics should be integrated into all of the various public and private actions that occur within the community. Consideration of aesthetics should be fundamental and well co-ordinated and part of our way of life. The report implies an ethic needs to be created and nurtured in the community whereby individual actions whether or not they are pursuant to a City Council resolution or ordinance or State Law are conducted in the manner which aims toward the overall enhancement of the City's appearance. Aesthetics cannot be legislated into being. A beautiful city cannot be legislated into being, it has to be something that emerges out of an ethic in the community, it has to be something that the City wants to happen. The burden of obtaining this goal cannot solely be placed on the public sector or the private sector. This must be something the entire community desires and wishes to implement with or without the assistance of specific legislation. It is apparent in the work of the task force that the responsibility for undertaking such an effort does not fall within the purview of a single individual or a single agency but rather is broad-based and relies heavily upon volunteerism on the part of individual residents and organizations. In the work of the task force, it is apparent this endeavor will be a continuing process and will require a constant and increased level of vigilance, participation and maintenance if the City's appearance is to be improved and sustained over time. The objectives and strategies of the Report of the MAYOR'S TASK FORCE ON THE CITY'S APPEARANCE are subdivided into four (4) categories: Legal Considerations Horticulture and Landscaping Considerations Highways Public Open Space and Waterways City Council recently adopted new sign regulations which address the majority of points raised in this section related to Legal Considerations. In addition, the Atlantic Avenue Facade Program has been augmented by local lending institutions creating a pool of approximately $1-MILLION available for low- interest loans to businesses participating in this program. Negotiations are currently underway with Virginia Power which may pave the way for the development of an equitable formula to provide for burying existing overhead electrical and telephone lines. In the Fall, the City will develop a legislative package for discussion and distribution to the City's General Assembly. It may be advantageous for the MAYOR'S TASK FORCE ON THE CITY'S APPEARANCE to participate in the development of this year's legislative package and assist the City in gaining support from localities for mutually desired legislation and in communicating the benefits of such legislation to the lawmakers. Work has previously been done by the Tree Protection Task Force which resulted in the recommendation that a Shade Tree Commission be established to work on a voluntary basis with developers throughout the City to - 4 - C I T Y M A N A G E R I S B R I E F I N G S MAYORIS TASK FORGE ON THE CITY'S APPEARANCE 10:27 A.M. ITEM # 29362 (Continued) seek ways in which existing trees can be retained and improved during the course of development. Municipal construction projects such as the Marine Science Museum and the Central Library demonstrate the highest levels of design quality and landscaping provisions and continue to be recognized among the leading examples of good architecture in the region. The Planning Commission and the City Council have recently completed a revision to the Comprehensive Zoning Ordinance which contains many features relative to aesthetic improvement. However, certaiti recommendations of the Task Force relating to such aspects of zoning as architectural design, material and compatibility, reduced signage and artworks would necessitate considerable further study by the Planning Commission. It must be noted that the Pembroke Central Business District Association has retained a consultant to prepare a Comprehensive Plan for the Pembroke Area. This Plan will address, to some extent, issues raised in the Task Force Report. In addition, the City is currently in the process of selecting a consultant to perform an overall circulation study of the Pembroke Area. With reference to the Horticulture and Landscaping Section, the development of a coordinated City Master Landscaping Plan may provide a more organized approach. In order to develop such a plan, additional resources and staffing will be required. The development and administration of a City Master Landscaping Plan can be conducted with the assistance of the City's Division of Landscape Services, various Garden Clubs, the Virginia Beach Beautification Commission, Master Gardeners of Virginia Beach along with assistance from local nurseries and other community service organizations. In turn, such a Master Plan would be very useful in creating enthusiasm and interest within the community for participation in various components of the overall Master Plan utilizing volunteer labor and voluntary compliance as a hallmark of such an effort. The major goal of the Highways component of the preliminary report involves making the Southeastern Expressway, an aesthetically pleasing and functional highway. This can be done through creative bridge and intersection design, flexibility of design, landscaping, screening, noise attenuation and the elimination of commercial signage. Tt is recommended that the City forward to the Virginia Department of Transportation and its consultants working on the project the City's interest in these areas and work with the V-DOT in developing cost effective and innovative alternatives. Capital Improvement Projects for construction should include, as part of the overall project cost, landscaping. The City should also participate with the Southeastern Virginia Planning District Commission and the Virginia Department of Transportation in the development of design standards for state funded and federally funded road projects throughout the region so as to include strong consideration to the provision of landscaping, buffering screening, noise attenuation and associated maintenance as part of the overall project design. Further, this landscape planing should be developed as part of the preliminary designs and made available for public review at such time as public hearings on the projects are conducted. With relation to Public Open Space and Waterways, to a large extent the office of Environmental Management was created for the purpose of providing this function within the overall City administration Many of the strategies outlined by the Task Force and aimed at accomplishing these objectives have already been undertaken by this office of Environmental Management. For example, the City Council and Planning Commission have recently established a Back Bay/North River Landing Management District and incorporated it by reference into the Comprehensive Plan. This set of land-use planning guidelines will serve as an aid to land-use decision-making in the southern half of the City. - 5 - C I T Y M A N A G E R I S B R I E F I N G S MAYOR'S TASK FORGE ON THE CITY'S APPEARANCE 10:27 A.M. TTME # 29362 (Continued) The Scenic Waterway system developed within the past several years is being expanded to include additional waterway segments within the City. Maintenance of these waterways is being increased to a level associated more with recreational useage and aesthetic enhancement rather than merely for drainage purposes. The City is currently in the process of undertaking a thorough and detailed review of a number of such land-use planning techniques associated with the concept known as "Transfer of Development Rights". This effort will commence this month and conclude, in mid-Fall 1988. Numerous state agencies currently sample water bodies within the City of Virginia Beach for a variety of purposes and programs. Should the City decide to become involved in a broad comprehensive water quality monitoring effort, a considerable amount of further study will need to be conducted to determine exactly what type of water quality monitoring should be conducted and for what purpose the data can be used. About one-third of the 112 recommendations contained in the Task Force Study entail budget considerations. Since there are so many, it will involve further detailing to focus in on the more important recommendations and objectives. Jack Whitney reiterated basic principals which the Community at large must operate under to comply with the objectives: Better Design, both public and private Aesthetic Considerations in Zoning Ordinances. Comprehensive Planning for Open Space and Landscaping Legislative Reforms Volunteerism Education Co-ordination Preventative and Remedial Actions Innovation Improved Enforcement and Maintenance Acknowledgement The MAYOR'S TASK FORCE'S REPORT on the CITY'S APPEARANCE contains a letter from Virginia Tech which offers assistance in the preparation of a visual study for Virginia Beach through the College of Landscape Architecture. A copy of a study for the Town of Blacksburg was submitted for review. Pat Bridges, complimented Jack Whitney on his summarization of the TASK FORGE report. Pat Bridges requested City Council evaluate this report as to whether said report would assist Virginia Beach the most beautiful City in the United States. - 6 - C I T Y M A N A G E R I S B R I E F I N G S MAYOR'S TASK FORCE ON THE CITY'S APPFARANCE ITEM # 29362 (Continued) Pat Bridges referenced Mary Reid Barrow's column of May 12, 1988 in THE BFACON relative "OPERATION SUNBURSTU which will challenge every citizen in the Virginia Beach to plant just ten daffodil bulbs. Citizens who live on the upper floors of apartments can send donations to Landscaping and they will plant the daffodils in the media strips of the City. Pat Bridges complimented Mayor Robert Jones for this concept. - 7 - C I T Y M A N A G E R I S B R I E F I N G S INTERIM REPORT CITY ZONING ORDINANCE 11:40 P.M- ITEM # 29363 Robert Scott, Director of Planning, related various items of concern. With regard to Office Parking, Robert Scott enclosed a sheet specifying various parking requirements in a number of locations throughout Virginia. One space per 250 square feet is neither a strict nor lenient extreme of parking requirements but is of a moderate nature when compared to others in effect in Virginia. An excerpt from a ULI publication on office development, supporting the concept of one space per 250 square feet, is at least recognized by that authority as being appropriate. BY CONSENSUS, City Council will retain the Office Parking at one space per 250 square feet but will keep same in mind for a long range study. Robert Scott, Director of Planning, referenced Shopping Genter Parking. An ordinance that will achieve to some degree a lessening of parking requirements for very large shopping centers in accordance, at least in a general sense, has been presented. Robert Scott advised Pembroke Mall is comprised of approximately 50 acres, Lynnhaven Mall - 100 acres, the two Shopping Centers at the corner of Kempsville and Providence Road are each about 25 acres, the Shopping Center at the Corner of Great Neck Road and First Coloniai Road is approximately 12 acres; Hilltop, North and east - over 40 acres; and, the Shopping Center at the corner of Oriole and Laskin is approximately 4 to 5 acres. Robert Scott defined a Shopping Center as being zoned the same and owned by the same individual, greater than 5 acres in size and comprised of at least eight (8) businesses. The City Staff will provide examples depicting the effect of said proposed Ordinance on parking. Councilman Heischober requested the Ordinance reflect the three categories of shopping centers located on a zoning lot up to 15 acres - 5%, uP to 30 acres - 10% and over 30 acres 15%. An Ordinance to Amend and Reordain Article 7, Section 704 of the City Zoning Ordinance Pertaining to Height Regulations in Hotel Districts was referenced. The Ordinance shail apply on that portion of the H-1 zoning lot within one - hundred (100) feet of the adjoining residential or apartment district. Robert Scott advised this particular section has been troublesome over the years. City Council referenced the definition of an alley. - 8 - ITEM # 29364 CITY COUNCIL CONCERNS 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 16, 1988, at 12:35 P.M- Council Members 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 - 9 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29365 Mayor Jones welcomed the attendance of Councilman-Elect William Douglas Sessoms, Jr. ITEM # 29366 Councilman Perry referenced SECOND READING to AMEND and REORDAIN Section 35- 207 of the Code of the City of Virginia Beach, Virginia, pertaining to the Tax Levy on the sale of cigarettes. (See Item IV-H-4 ORDINANCES). Councilman Perry inquired as to who would be paying this Tax on Cigarettes. The City Manager advised the ultimate payer of the tax is the purchaser of the cigarettes, but it is collected through the wholesalers when the cigarette stamp is actually placed on the cartons and it is collected when they are put out for the market. ITEM # 29367 Councilman Balko referenced co-ordinating City functions. There are two overlapping private occasions. One entails the RESORT AREA ADVISORY COMMISSION and the other is a POLICE CEREMONY. Mayor Jones suggested utilizing a Calendar like the one used for the different functions in City Council Chambers. ITEM # 29368 Councilwoman Parker referenced the State Meet at 10:00 A.M. GREEN RUN HIGH SCHOOL of a @larshal Arts Group comprised of approximately 1500 individuals. Bryan Brown at the Hilton is the Co-ordinator. ITEM # 29369 Councilwoman Parker referenced a letter from Ted Dozier relative Commonwealth Attorney Scortino. Ted Dozier was concerned relative the amount of money for the insurance settlement. Councilwoman Parker requested someone address concerns of other individuals related to this issue. ITEM # 29370 Councilman Moss referenced significant changes relative the Southeastern Expressway and requested at the appropriate time a presentation concerning these changes be presented to City Council. The City Manager will SCHFDULE Briefing. Councilman Moss requested an assessment of the CAPITAL IMPROV @ NT PROGRAM, if the Southeastern Expressway were to come forward on the accelerated timetable it appears to be on. Councilwoman McClanan referenced the impact on the houses along Landstown Road. Councilwoman McClanan was under the impression the push was to build the Southeastern Expresssway and the other considerations were immaterial. The City Manager advised he will have the State representatives attend a WORKSHOP with City Council. Mayor Jones referenced the possibility of contracting with an organization similar to the Urban Land Institute relative a corridor design, not just the road design, but what the land use impact would be along this point. - 10 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29371 Vice Mayor Oberndorf referenced an article in the Virginian-Pilot/Ledger-Star relative a family desperately trying to sell their home. Same may be impacted by the Southeastern Expressway. The State officials have informed them the City Council can buy their home and land. Vice Mayor Oberndorf inquired relative the power of condemnation. If the City were interested in acquiring same what funding sources were available. Is the State providing the funds to the City to buy same. The City Attorney advised condemnation only begins when the right-of-way plans and centerline and dimensions have been established. Councilwoman McClanan requested the citizenry involved be invited, as well. ITEM # 29372 Vice Mayor Oberndorf referenced the RESCHEDULING of the City Council Session of July 4, 1988 to July 5, 1988. This item will be ADDED to the FORMAL AGENDA. ITEM # 29373 Vice Mayor Oberndorf requested a SPECIAL SESSION of the City Council be SCHEDULED for Friday, July 1, 1988, for Mayor and City Council's Oaths of Office and the Election of Vice Mayor. This item will be ADDED to the FORMAL AGENDA. ITEM # 29374 Vice Mayor Oberndorf received a letter from Anthony P. Mehfoud, Chairman of the Henrico Board of County Supervisors, dated May 12, 1988. Anthony Mehfound is supporting the Law Enforcement Officers in their support of the VIRGINIA SPECIAL OLYMPIGS. This year more than 40,000 officers worldwide will run over 52,000 miles - twice the distance around the earth's equator. Anthony Mehround is requesting the City issue a PROCLAMATION recognizing the 1988 VIRGINIA SPECIAL OLYMPICS as a fitting cause to unite local law enforcement officers, thereby giving them closer ties to the community and to a very special population - the mentally retarded. BY CONSENSUS, City Council will issue a PROCLAMATION. ITEM # 29375 Vice Mayor Oberndorf advised of a gift. The Children of the Third Grade in Genterville Elementary School have done a complete history of the City of Virginia Beach depicting the present City Council, as well as the past. Councilwoman McClanan will utilize same in the City's TWENTY-FIFTH ANNIVERSARY CELEBRATION. ITFII # 29376 Councilwoman Henley invited City Council to the 4-H Livestock Show and Auction Friday, May 20, 1988, at the site of the Chesapeake Jubilee. The Livestock Show will be from 10:00 A.M. to approximately 11:00 P.M. in the evening with the Auction starting at ?:00 P.M. ITEM # 29377 The Mayor distributed the REVISED reverse side of the Cover Sheet to the City Council's Weekly Agenda and requested suggestions. ITEM # 29378 Councilman Perry advised of a citizen's complaint relative receiving a ticket for not bringing in his automated trash container on time. Both he and his wife work. The City Manager will investigate this instance. - 11 - ITEM # 29379 The INFOR14AL 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 16, 1988, at 1:04 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 - 12 - ITFM # 29380 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council agenda that may be discussed in Executive Session are the following: H-5, I.2, J.7. Upon motion by Councilman Moss, seconded by Councilman Balko, 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 - 13 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL May 16, 1988 2:00 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 16, 1988 at 2:20 P.M. Council Members 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 John S. Abbott Aragona Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 14 - ADOPTION OF ITEMS Item V-D.l. ITEM # 29381 Councilwoman McClanan referenced the Ordinance to authorize Acquisition of property in Fee Simple for right-of-way for Holland Road/Princess Anne Road; and, the Acquisition of Temporary and Permanent Easements of right-of-way, either by Agreement or Condemnation. (See Item IV-J-3 of the CONSENT AGENDA). This item will be MOVED FORWARD for DEFERRAL. Mrs. Kellam had advised Councilwoman McClanan the City Staff had not yet discussed the present plans with her. Item V-D.2. ITEM # 29382 Councilman Perry referenced an Ordinance to apply for Community Development Block Grant Funds for the Fourteenth Entitlement Program Year in the amount of $2,159,000. (See Item TV-J-4 of the CONSENT AGENDA). This item will be pulled for a separate vote. Item IV-D-3 ITEM # 29383 Councilman Fentress referenced an Ordinance Granting Franchise to Mariner Associates, a Virginia Limited Partnership, to provide Lifeguard Services and Beach Equipment Rentals on City property adjacent to the property occupied by the Ramada Inn, 57th Street and Oceanfront. (See Item IV-J.7 of the CONSENT AGENDA). This item will be pulled for a separate vote. Item IV-D.4. ITEM # 29384 The City Clerk referenced her letter of May 16, 1988, requesting City Council's consideration as to whether to CANCEL or RESCHEDULE the Formal Session of JulY 4, 1988. As per the request of Vice Mayor Oberndorf, this item will be ADDED under NEW BUSINESS. Ttem TV-D-5- ITEM # 29385 Vice Mayor Oberndorf referenced the SPECIAL SESSION of the City Council to be SCHEDULED for Friday, July 1, 1988, for Mayor and City Council's Oaths of Office and Election of Mayor. This item will be ADDED under NEW BUSINESS. Item V-D.6. ITEM # 29386 The City Clerk referenced the addition to the AGENDA of APPOINTMENTS to the ARTS & HUMANITIES COMMISSION, SOCIAL SERVICES BOARD and the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION 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. 5 Item IV-E.1 MINUTES ITEM 29387 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of May 9, 1988. Councilwoman Parker referenced ITEM # 29353, Page 34: Resolution DIRECTING the Planning Commission to consider and make its recommendation concerning possible changes in zoning and land uses in Target Areas. Councilwoman Parker requested the Resolution be clarified to spell out Citizens Advisory Committee not just the initials - CAC. " ... That the Planning Commission in conjunction with the Citizens Advisory Committee is hereby directed to consider... 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 - 16 - Item IV-F.l. PROCLAMATION ITEM # 29388 Mayor Robert G. Jones PROCLAIMED the week of May 15-21, 1988 as: NATIONAL PUBLIC WORKS WEEK This PROCLAMATION recognized the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. C. Oral Lambert, Jr., Director of Public Works, ACCEPTED this PROCLAMATION. - 17 - Item IV-G.l. PUBLIC HEARING ITEM # 29389 Mayor Robert G. Jones DECLARED a PUBLIC HEARING: CERTIFICATE OF OCCUPANCY Attorney William M. Macali advised this Ordinance was conceived by the Department of Permits and Inspections in response to the problem of the age of housing stock. Every house that is built becomes old and sooner or later begins to experience deterioration in one form or another. By the year 2000, more than one-half of the City's Housing Units will be 20 years or age or older. The basic thrust of the Ordinance is to require that in the case of all dwellings and dwelling units within the City which will include a single-family building, an attached dwelling, a semi-attached dwelling, duplexes, multi-family dwellings, or any individual dwelling unit within any of those having an age of ten years or more must upon resale for purposes of occupancy, be inspected in order to determine whether or not that dwelling or dwelling unit complies with all the applicable standards set forth in the City's Housing Code. The Ordinance was not intended to be a "cure-all" for any types of possible defects or deterioration in houses. There are some exemptions. The Ordinance would not apply to any dwelling or dwelling unit which in conveyed is less than fee simple, less than ten (10) years of age as of the date of consumation of sale, conveyance or other transfer; or conveyed or transferred for purposes other than occupancy as a dwelling unit. The Draft of an Ordinance to Amend and Reordain the Code of the City of Virginia Beach, Virginia, By adding Section 16-10.1, pertaining to Certificates of Occupancy for Certain Dwellings is hereby made a part of the record. The following spoke in OPPOSITION: John Van Huyck, 1023 Colonial Meadows Way, Phone: 481-6932, represented himself. John Van Huyck advised relative protecting buyers of single family homes there are numerous methods already available. There are Home Inspection Services available which will perform a more thorough inspection than is contemplated by the proposed Ordinance. A period of twenty or twenty-five years would be more reasonable than ten years. Ronald C. Ripley, 808 Newtown Road, Phone: 473-8575. Ronald Ripley represented the Tidewater Board of Realtors as Chairman of the Governmental Affairs Committee. Copy of his statement itemizing the sixteen points of opposition is hereby made a part of the record. William J. Holloran, Jr., 4512 Virginia Beach Boulevard, Phone: 490-1221, Executive Director of the Hampton Roads Chamber of Commerce. Mr. Holloran's statement is hereby made a part of the record. The Hampton Roads Chamber of Commerce is opposed to the Ordinance as its impact on property owners will be significant. The ordinance will impose a government entity into the approximately 8700 real estate transactions that occur on an annual basis, the ordinance will impact the timely response needed by home buyers, the Ordinance does not address rental units, and this Ordinance will have its most severe impact on low income citizens. Ernest F. Kerekes, 904 Ballylinn Road, Phone: 420-6226, Area Vice President of the National Association of Retired Federal Employees in the Hampton Roads area. Ernest Kerekes advised it is felt there are adequate Federal and State regulations. If properly enforced, they would render the proposed Certificate of Occupancy redundant. Rae H. LeSesne, 5325 Thornbury Lane, Phone: 497-800, President of the Citizens Action Coalition, Inc. The Officers and Members of the Board of Directors of the Citizens Action Coalition are unanimously OPPOSED to the Ordinance. There are adequate safeguards to maintain the appearance of the City's Housing stock. - 18 - Item IV-G.l. PUBLIC HFARING ITEM # 29390 Jim Reedy, 4605 Revere Drive. Jim Reedy manages Housemaster of America Home Inspection Service in Virginia Beach. This particular Ordinance will give the home buyer a false sense of security. The majority of problems with homes are found in the crawlspaces and in the electrical boxes. The Certificate of Occupancy is just a cosmetic inspection. Richard Corner, 1444 Goose Landing Road, represented the Council of Civic Organizations of Virginia Beach, Inc. Richard Corner distributed a copy of his remarks. Said copy is hereby made a part of the record. The Council of Civic Organizations of Virginia Beach wished to express its stern and unanimous opposition to the proposed Certificate of Occupancy Inspection and Permit Ordinance. Edward Bankston, 4316 Hermitage Road, Phone: 460-1735, resident of Thoroughgood. Mr. Bankson felt this Ordinance gives the City the ultimate authority for resale of the citizens property and infringes seriously on the free market enjoyed in a capitalistic society. Steve S. Dudley, 400 ClYne Lane, Phone: 486-4258. Steve Dudley advised this Ordinance was vague. This ordinance singled out the home-seller and recommended a Committee be appointed from various sections of the City to study this Ordinance. Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, advised the home he purchased sixteen years ago did not comply with the building codes of this City. WORKSHOPS will be SCHEDULED to consider the concerns of the citizens. There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC HEARING. - 19 - Item IV-H.1 ORDINANCES ITIN # 29391 Senator Moody E. Stallings, 1213 Laskin Road, representing a Local Tobacco Wholesaler, spoke in OPPOSITION to the cigarette tax. Only five states give the power to tax on cigarettes. Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, requested the Budget be "rolled-back" to last year's figures. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE for the Fiscal Year beginning July 1, 1988 and ending June 30, 1989, the sum of $527,976,906 for Operations and $188,879,621 in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. 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: @ione Council Members Absent: None The City Clerk referenced Councilman Moss's letter of March 30, 1988, which pursuant to Section 2.1-639-14E of the Code of Virginia, Ann. DECLARED although his wife was a teacher with the Virginia Beach School System, he was able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) Item IV-H.1, 2 and 3 were voted upon together. Cit@ c:>f JOHN D. MOSS 4021 GLEN ROAD COUNCILMAN VIRGINIA BEACH, VIRGINIA 23"2 KEMPSVILLE BOROUGH (8N) 49@18 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the City of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the school Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by CitY Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife is one of many teachers within the school system. Mrs. Ruth Hodges smith -2- March 30, 1988 ACCordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. VeFy t@uly yours, ncilmember JDM/CJS/awi cc: Paul A. Sciortino, Commonwealth Attorney OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (aO4) 427-4242 VIRGINIA BEACH. VIRGINIA 234@.m2 May 16, 1988 The Honorable Mayor of City Council Dear Council Based on the co of Council at the May 2, 1988 re0onCiliation workshop and amendments adopted with the first reading of the ordinarr-e, the following modifications have been ir=rporated in the appropriaton ord for the FY 1988-89 Operating Budget: ITEM AMCUNR 1. Reduction to Municipal @ills Contractual s (18,000) Services. 2. Reduction to the Sheriff's budget resulting (44,000) frcm the deletion of four vehicles. 3. Addition to city grant p for fund@ at 44,620 $2.00 per capita based on alternative three with full fundir)g of SEVAMP request and condi- tiOning HOSPICE grants to the develo@t of a consolidation of service delivery a t. 4. Addition of a Benefits Ark-dyst position for the 39,481 Persomel De t. 5. Reduction to Parks and Recreation Department as (25,000) a result of ordinance adopted May 2, 1988 adv-ing the replacemnt of the sw@ pool filtration system at the Virginia Beadi ation Center/ ille. 6. Reduction to Reserve for Contingencies as a net (51) result of itenr- #1 through #5 and as a result of the reduction in $2,950 in revenue from the decrease in the recreation center Gold Card fee fran $25 to $15. Net Charxge to Budget $ (2,950) -2- Memo to of ii May 16, 1988 Pl- let me know if there are any additions or deletions you wish to make to this list. Sinoerely yours, Aub4 t Tr. City Manag- AN ORDINANCE MAKINC APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1988 AND ENDING JUNE 30, 1989, IN THE SUM OF FIVE HUNDRED TWENTY-SEVEN MILLION, NINE HUNDRED SEVENTY-SIX THOUSAND, NINE HUNDRED SIX DOLLARS ($527,976,906) FOR OPERATIONS AND ONE HUNDRED EIGHTY-EIGHT MILLION, EIGHT HUNDRED SEVENTY-NINE THOUSAND, SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621) IN INTERFUND TPANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY, AS AMENDED. WHEREAS, the City Manager has heretofore submitted to the Council an Ann.al Budget for the city for the fiscal year beginning July 1, 1988, and ending June 30, 1989, and it is necessary to appropriate sufficient Tunds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, Section 1. That the amounts named aggregating SEVEN HUNDRED SIXTEEN MILLION, EICHT HUNDRED FIFTY-SIX THOUSAND, FIVE HUNDRED TWENTY-SEVEN DOLLARS ($716,856,527) consisting of ONE HUNDRED EIGHTY-EIGHT MILLION, EIGHT HLJNDKED SEVENTY-NINE THOUSAND, SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621) in interfund transfers and FIVE HUNDRED TWENTY-SEVEN MILLION, NINE HUNDRED SEVENTY-SIX THOUSAND, NINE HUNDRED SIX DOLLARS ($527,976,906) for operalions or so much thereof as may be necessary as SeL forth in the Annual Budget for the liscal year 1988-1989, are hereby appropriated subject to the conditions hereafter set forth, for the year 1988-1989, for the use of the several departments and specially designated funds of the city goverrunent, and for the purpose hereafter menlioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1988 and ending June 30, 1989 as follows: BudgeL Item of Expenditure 1988-1989 ------------------- --------- GENERAL FUND LEGISLATIVE DEPARTMENT: 01010 Municipal Council $ 329,314 01011 City Clerk 231,566 -------------- Total $ 560,88U -------------- EXECUTIVE DEPARTMENT: 02010 City Manager $ 609,814 02011 Public Information Office - Administration 339,970 02016 Public Information Office - Media Services 180,045 -------------- Total $ 1,129,829 -------------- LAW DEPARTMENT: 03010 City Attorney 1,443,486 -------------- FINANCE DEPARTMENT: 04001 Commissioner of the Revenue 2,088,854 04011 Board of Equalization 13, 77 3 04012 City Real Estate Assessor 1,267,061 04020 Treasurer 2,379,035 Director of Finance: 04030 Administration 407,454 04033 Comptroller's Office 1,170,177 04034 Payroll 325,238 04035 Business License Audit 346,746 04037 Internal Audit 188,303 04051 Independent Financial Services 74,000 04040 Purchasing 503,211 -------------- Total $ 8,763,852 -------------- PERSONNEL DEPARTMENT: 05001 Administration 293,118 05002 Employee Relations 301,584 05003 Testing and Selection 298,164 05004 Compensation Administration 292,238 05005 Training and Development 305,903 -------------- Total $ 1,491,007 -------------- JUDICIAL DEPARTMENT: Courts and Public Defender: 06011 Circuit Court 221,645 06016 General District Court 45,260 06017 Juvenile and Domestic Relations District Court 30,858 06018 Public Defender 16,000 06041 Clerk of the Circuit Court 335,759 06134 Magistrates 11,330 Commonwealth's Attorney: 06020 Commonwealth's Attorney 1,498,673 06021 Commonwealth's Attorney Welfare Fraud 64,050 06022 Consumer Protection 161,375 Sheriff and Corrections: 06032 Sheriff's Office 778,055 06033 Court Support Services 446,774 06034 Correctional Operations 4,391,656 Juvenile Probation: 06210 Juvenile Probation 524,409 -------------- Total $ 8,525,844 -------------- HEALTH DEPARTMENT: 07011 Preventive Medicine 1,735,45/ 07013 Occupational Health 314,598 07014 Constractual Health Services 560,900 -------------- Total $ 2,610,955 -------------- Budget Item of Expenditure 1988-1989 ------------------- --------- GENERAL FUND SOCIAL SERVICES DEPARTMENT: 08010 Director of Social Services 7,810,446 08020 Public Assistance 2,786,500 08030 Hospitalization 669,500 -------------- Total 11,266,446 -------------- POLICE DEPARTMENT: Administration: 09010 Police Chief's Staff 2,371,131 09014 Planning and Analysis 404,421 09015 Personnel and Training 769,839 09017 Services 2,123,021 Uniform Division: 09011 Auxiliary Police 45,811 09020 Patrol and Administrative Support 15,897,795 09021 S.P.O.T. 4,088,593 09027 Communications Division 3,466,002 09028 Investigative Division 2,798,377 09112 Animal Control 947,204 09213 Medical Examiner 8,363 -------------- Total $ 32,920,557 -------------- PUBLIC WORKS DEPARTMENT: Administration: 10010 Director's Office $ 235,405 10011 Real Estate Office 417,070 10012 Business Office 202,299 Highway Division: 10110 Administration 825,102 10111 Inspections 1,125,975 10113 Street Maintenance 5,907,009 10114 Drainage Maintenance 2,136,436 10115 Bridge Maintenance 1,404,255 Engineering Division: 10210 Administration 324,594 10211 Plan Review 461,177 10212 Surveying 828,147 10213 Mapping 738,910 10214 Drafting 325,709 10215 Waterfront Operations/Inspections 247,612 10216 Special Projects 399,625 10217 Building Construction 383,186 Traffic Engineering Division: 10250 Administration 382,721 10251 Signal Operations 1,276,480 10252 Signs and Markings 1,190,437 10253 Design and Plan Review 4,774,156 Solid Waste Division: 10310 Solid Waste Administration 313,427 10311,Refuse Disposal 4,927,624 10312 Refuse Collection 9,039,144 10313 Sanitation Inspections 272,630 10410 Mosquito Control 1,581,603 -------------- Total $ 39,720,733 -------------- PARKS AND RECREATION DEPARTMENT: 11010 Director of Parks and RecreaLion 465,231 Parks and Maintenance: 11011 Administration 220,972 11012 Construction and Maintenance 2,970,477 11022 Parks and Beaches 1,403,443 Recreation: 11035 Owl Creek Municipal Tennis Center 25,934 11070 Virginia Beach Community Center -Kempsville 1,155,485 11671 Bow Creek Cormunity Center 334,609 11072 Seatack Community Center 43,635 11080 Administration 501,804 11081 Adult Activities 486,079 11082 Youth Activities 1,051,122 Budget Item of Expenditure 1988-1989 ------------------- --------- GENERAL FUND PARKS AND RECREATION DEPARTMENT; (concluded) Recreation: (concluded) 11083 Athletics $ 439,162 11084 Shakespeare Festival Program 34,871 11085 Therapeutic Program 448,076 11086 Parks and Recreation Programs Self-Supporting 29,600 11087 Day Care Program 30,598 -------------- Total $ 9,641,098 -------------- LIBRARY DEPARTMENT: Administration: 12010 Administration $ 405,889 Public Services: 12012 Great Neck Area Library 303,687 12013 Bayside Area Library 297,086 12014 Oceanfront Area Library 260,341 12015 Kempsville Area Library 328,523 12016 Windsor Woods Area Library 307,512 12018 Extension Services 227,675 12019 Special Services 188,820 12023 Central Library 1,418,934 12026 Municipal Reference 122,317 Support Services: 12020 Cataloging and Processing 533,197 12024 Automated Services 300,895 12025 Collection Management 1,707,977 -------------- Total $ 6,402,853 -------------- PLANNING DEPARTMENT: 13010 Management and Support 682,394 13011 Comprehensive Planning 249,727 13012 Operations 561,066 -------------- Total $ 1,493,187 -------------- AGRICULTURE DEPARTMENT: 14001 Administration 173,951 14010 VPI Extension Services 205,621 14110 Farmers' Market 196,730 14120 Environmental Services 72,617 -------------- Total $ 648,919 -------------- DEPARTMENT OF ECONOMIC DEVELOPMENT: 15010 Director of Economic Development $ 351,432 15210 Civic Center 38,319 15214 Tourist Development 2,608,955 15215 Business Development 669,529 15216 Convention Promotion 547,942 15217 Pavilion 1,327,367 15218 Parking Lots 38,138 -------------- Total $ 5,581,682 DEPARTMENT OF GENERAL SERVICES: Administration: 16010 Director of General Services $ 184,409 16011 Employee Safety 180,008 16012 Francis Land House 92,047 16014 Records and Micrographics 352,063 Building Maintenance: 16020 Management and Support 4,660,912 16021 Electrical 482,411 16022 Heat and Air Conditioning 824,668 16023 General Maintenance 1,916,044 16024 Custodial 2,210,152 Landscape Division: 16031 AdminisLration 486,989 16032 Grounds Maintenance 2,354,958 16033 Beautification 1,519,014 BudgeL Item of Expenditure 1988-1989 ------------------- --------- GENEP,AL FUND DEPARTMENT OF GENERAL SERVICES: (concluded) Landscape Division: (concluded) 16034 Clean Community 44,118 16035 Beach Maintenance 326,734 16036 Street Cleaning 427,143 16040 Mail Distribution 214,103 -------------- Total 16,275,773 -------------- BOARDS AND COMMISSIONS: 17010 General Registrar 483,039 17110 Zoning Board of Appeals 21,288 17120 Arts and Humanities Commission 380,000 17130 Mass Transit Operations 780,000 17140 Wetlands Board of Virginia Beach i4,622 17150 Department Volunteer Council 33,100 17160 Erosion Commission 891,427 17170 Joint Cable Center 205,460 17171 Municipal Video Production 155,967 -------------- Total $ 2,964,903 -------------- NON-DEPARTMENTAL: 18010 Grants 757,298 18020 Employee Special Benefits 62,680 18030 Revenue Reimbursements 332,960 18040 Regional Participation 139,320 -------------- Total $ 1,292,258 -------------- FIRE DEPARTMENT: 19001 Administration $ 574,950 19010 Fire Prevention 1,164,114 19020 Fire Suppression 13,940,340 19021 Fire Training 490,387 19024 Forestry 12,592 -------------- Total $ 16,182,383 -------------- DEPARTMENT OF DATA PROCESSING: 21001 Administration 399,351 21004 Systems and Programming 1,386,679 21007 Computer Operations 2,433,051 -------------- Total $ 4,219,081 -------------- DEPARTMENT OF PERMITS AND INSPECTIONS: 22010 Administration $ 570,051 22012 Housing Property Maintenance 352,631 22013 Building Inspections 1,067,297 22014 Zoning Code Enforcement 38 2 , 22 4 22015 Weights and Measures 116,218 -------------- Total $ 2,488,427 -------------- DEPARTMENT OF MENTAL HEALTH: 23001 Board Office 288,609 Comprehensive Mental Health: 23002 Program Clinical Support 380,313 23003 Older Adult Services 182,383 23004 Outpatient Services 457,097 23005 Comunity Rehabilitation 725,438 23006 Emergency Services 550,562 23007 Child and Youth Services 528,403 23017 Older Adults Day Treatment 80,678 23913 Child and Youth Day Treatment 114,050 Mental Retardation/DDevelopmental Disabilities: 23008 Program Support 166,634 23009 Residential Services 112,460 23010 Adult Services 353,053 23014 Transportation Program 129,727 23015 Respite Care Program 113,054 Budget Item of Expenditure 1988-1989 ------------------- --------- GENERAL FUND DEPARTMENT OF MENTAL HEALTH: (concluded) Mental Retardation/DDevelopmental Disabilities: (concluded) 23016 Infant Stimulation Program 115,358 23019 Supported Living Program 76,123 Comprehensive Substance Abuse: 23011 Substance Abuse Services 410,324 23013 Substance Abuse Outpatient Services 628,034 23908 Alcohol Detoxification 320,732 23909 Intensive Services 193,255 23910 Emergency Substance Abus6 Treatment 68,445 -------------- Total $ 5,994,732 -------------- OFFICES: 24010 Information Systems Coordination Office 490,484 25010 Office of Emergency Management 102,407 26010 Division of Emergency Medical Services 938,280 28010 Office of Research and Strategic Analysis 492,588 29010 Office of Budget and Evaluation 617,265 30010 Resort Programs Office 581,498 31010 Office of Environmental Management 153,536 -------------- Total $ 3,376,058 -------------- 90000 TRANSFERS TO OTHER FUNDS: 180,915,785 -------------- 80000 RESERVE FOR CONTINGENCIES: Regular 777,602 Salary 3,690,000 Service Awards 350,000 -------------- Total $ 4,817,602 -------------- TOTAL GENERAL FUND 370,728,330 SCHOOL OPERATING FUND DEPARTMENT OF EDUCATION: 50010 Instruction $ 143,523,077 50020 AdminisLration 3,137,626 50022 Attendance and Health 2,481,761 50023 Pupil Transportation 7,672,607 50024 Operations and Maintenance 22,302,772 50070 Fixed Charges 41,316,853 50081 Summer School 571,721 50082 General Adult Education 353,201 50083 Other Educational Programs 706,568 50090 Capital Outlay 2,647,866 -------------- TOTAL EDUCATION 224,714,052 GRANTS CONSOLIDATED FUND JUDICIAL DEPARTMENT: 06819 CDI89 Administration $ 48,676 06821 CDI89 Case Management 362,424 06822 CD189 Service Coordinator 269,836 -------------- Total $ 680,936 -------------- SOCIAL SERVICES DEPARTMENT: 08040 Demonstration Project $ 141,106 -------------- COMMUNITY DEVELOPMENT: 40894 Section 8 Housing $ 111,067 -------------- 80000 RESERVE FOR CONTINGENCIES: Salary 7,140 -------------- TOTAL GRANTS CONSOLIDATED FUND $ 940,249 B.dget Item of Expenditure 1988@1989 ------------------- --------- LAW LIBRARY FUND LIBRARY DEPARTMENT: 12011 Law Library 126,355 -------------- 80000 RESERVE FOR CONTINCENCIES: Salary 3,791 -------------- TOTAL LAW LIBRARY FUND 130,146 PENDLETON CHILD SERVICE CENTER FLJND JUDICIAL DEPARTMENT: 06702 Pendleton Child Service Center $ 795,555 -------------- 80000 RESERVE FOR CONTINGENCIES Salary 23,280 ------------- TOTAL PENDLETON CHILD SERVICE CENTER FUND 818,835 COMMUNITY DEVELOPMENT FUND COMMUNITY DEVELOPMENT: 40891 Administration 522,468 40892 Housing Programs 267,738 40893 Housing Counseling 53,753 -------------- Total $ 843,959 -------------- 80000 RESERVE FOR CONTINGENCIES Salary 15,077 -------------- 90000 TRANSFER TO OTHER FUNDS $ 25,362 -------------- TOTAL COMMUNITY DEVELOPMENT FUND 884,398 MH/MR CONTRACTUAL SERVICES FUND MENTAL HF.ALTH/MENTAL RETARDATION/SUBSTANCE ABUSE: 23500 Contractual Services $ 1,675,816 WATER AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES: 20010 Director's Office 355,896 20011 Engineering 2,780,571 20016 Water Production/Resources 337,321 20017 Water Purchase 10,765,700 20030 Operations Administration 739, 31 5 20031 water Distribution 2,394,962 20032 Water Production 1,519,717 20041 Sewer Collection 2,371,202 20042 Sewer Pump Stations 3,115,765 20050 Customer Services 4,212,315 -------------- Total $ 28,592,764 -------------- 70010 REVENUE BOND DEBT SERVICE $ 10,968,676 -------------- 90000 TRANSFER TO OTHER FUNDS $ 6,746,216 -------------- 80000 RESERVE FOR CONTINGENCIES Regular 699,919 Salary 402,967 -------------- Total $ 1,102,886 -------------- TOTAL WATER AND SEWER FUND 47,410,542 Budget Item of Expenditure 1988-1989 ------------------- --------- GOLF COURSE ENTERPRISE FUND PARKS AND RECREATION DEPARTMENT: 11030 Red Wing Golf Course $ 660,522 11031 Bow Creek Golf Course 440,160 11032 Kempsville Creens Golf Course 430,790 -------------- Total 1,531,472 -------------- 90000 TRANSFERS TO OTHER FUNDS $ 330,000 -------------- 80000 RESERVE FOR CONTINGENCIES: Salary $ 44,753 -------------- TOTAL GOLF COURSE ENTERPRISE FUND 1,906,225 MARINE SCIENCE MUSEUM ENTERPRISE FUND OFFICES: 27010 Virginia Museum of Marine Science 992,866 27011 Marine Science Museum Gift Shop 206, 75 1 -------------- Totat $ 1,199,617 -------------- 80000 RESERVE FOR CONTINGENCIES $ 14,205 -------------- 90000 TRANSFERS TO OTHER FUNDS $ 862,258 -------------- TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND 2,076,080 GENERAL DEBT FUND 70010 Debt Service 44,8b9,446 FIRE PROGRAMS CAPITAL PROJECTS FUND FIRE DEPARTMENT: Fire Programs $ 419,700 WATER AND SEWER OPERATING REVEUUE CAPITAL PROJECTS FUND DEPARTMENT OF PUBLIC UTILITIES: 20060 Water Construction 803,000 20060 Sewer Construction 1,197,000 -------------- TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND 2,000,000 ENGINEERINC AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT: 10110 Highway Construction 8,893,412 SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF EDUCATION: 50090 School Construction 2,105,900 PARKS AND RECREATION GENEPAL REVENUE CAPTIAL PROJECTS FUND 11020 Parks and Recreation Construction 5,189,249 BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF GENERAL SERVICES: 16010 Building Construction 2,094,147 TOTAL BUDGET 716,856,527 Less: Interfund Transfers 188,879,621 -------------- NET BUDGET 527,976,906 Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of permanent positions shall be the maximum number of positions authorized for the various departments of the city during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. With the exception of the education department, the City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the city. Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the city. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designaced fund. Section 5. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business.for the fiscal year ending on the thirtieth (30th) day of June, 1989, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1989. Huwever, there shall be retained in the General Fund Surplus, an undesignated amount noL less than the range of seventy-five (75) to one hundred (100) percent of th, budget for city and school debt service payments for that fiscal year for contingencies and emergency SiLuations and not to be used to support appropriations approved in the ordinance for the fiscal year beginning July 1, 1989, except upon subsequent authorization by City Council. Section 6. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to Lhe expenditure of the funds appropri.ited shall apply only to the totals for each operating appropriation unit included in this Ordinance and does not apply to Interf.nd Transfers. The City Manager or the Assistant City Manager for Analysis and Eval.ation is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Managei may limit expenditures to the classes of appropriations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are different from Lhe classes shown in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for salary adjustments approved by City Council. Section 7. Nothing in this section shall be construed as authorizing any reduction to be made in the amounl appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of t@e City Government or the former political subdivisions of Virginia Beach and Princess Anne CounLy. Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of the city departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such offi,:ers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenly-two and one-half cents ($.225) per mile of act.al travel for Lhe first 15,000 miles and eleven cents ($.11) per mile for additional miles of such use within the fiscal year. Section 9. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by Lhe City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals, and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in paymenl of expense accounts submitted for "lump-sum" amounts, including payments to employees of the School Board. Section 10. That this Ordinance shall be in effect from and after the date of its adoption. Section 11. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: May 9, 1988 Second Reading: May 16,1 988 Adopted by the Council of the city of Virginia Beach, Virginia, on the 16 day of M,,y ,1988. - 20 - Item IV-H.2. ORDINANCES ITEM # 29392 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED, upon SECOND READING: Ordinance to ESTABLISH the tax levy on real estate for Tax Fiscal Year 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. F--ntress, 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 ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1989 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRCINIA: Section 1. AMOLJNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1989 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of ninety-one and five-tenths cents ($.915) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. In accordance with Section 58.1-3660 (A@ of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for fiscal year 1989, taxes on all real estate certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of ninety-one and five-tenths cents ($.915) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on Lhe basis of one hundred percentum of fair market value of such real property. Section 3. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinanc@. Section 4. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. First Reading: May 9, 1988 Second Reading: May 16, 1988 Adopted by the Council of the city of Virginia Beach, Virginia on the 16 day of May 1988. SiGt,@@N. URE AS @i,'D LEGAL I ORNEY - 21 - Item IV-H.3 ORDINANCES TTEM # 29393 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED, upon SECOND RFADING: Ordinance to ESTABLISH the tax levy on personal property and machinery and tools for the Calendar Year 1989. 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 ESTABLISHINC THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1989. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANCIBLE PERSONAL PROPERTY. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989, taxes on all Langible personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain household goods and personal effects as defined therein shall be exempt from taxation. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES. In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all vehicles without motor power used or designated to be used as mobile homes, at the rate of ninety-one and five-tenths cents ($.915) on each one hundred dollars ($100) of assessed valuation thereof. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORE. In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all boats or watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all tangible personal property certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 5. AMOUNT OF LEVY ON FARM MACHTNERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. Section 6. AMOUNT OF LEVY ON t4ACHINERY AND TOOLS. In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof. Section 7. AMOLINT OF LEVY ON AIRCRAFT. In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all aircraft at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 8. AMOLJNT OF LEVY ON ANTIQUE AUTOMOBILES. In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all antique automobiles at the rate of Lhree dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT. In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all heavy construction equipment at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE PERSONAL PROPERTY. In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all research and development tangible personal property, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT. In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all energy conversion equipment at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE. In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all computer hardware used by businesses primarily engaged in providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY. In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1989 taxes on all privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 14. ASSESSED VALUE DETERMINATION. In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Coninissioner of Revenue for the city of Virginia Beach. Section 15. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this 10 CONTENTS ordinance. Section 16. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1989. May 9, 1988 First Reading: may 16, 1988 Second Reading: Adopted by the Council of the city of Virginia Beach, Virginia May - day of _ , 1988. - 22 - Item IV-H-4- ORDINANCES ITEM # 29394 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED upon SECOND READING: Ordinance to AMEND and REORDAIN Section 35-207 of the Code of the City of Virginia Beach, Virginia, pertaining to the Tax Levy on the sale of cigarettes. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None ORDINANCE # 881779 AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-207 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX LEVY ON THE SALE OF CIGARETTES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT SECTION 35-207 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS: Section 35-207. Levied~ amount. There is hereby levied and imposed by the city, upon each sale of cigarettes, a tax equivalent to ~'~'and-~'-~-6~r~-} ten (10) mills per cigarette sold within the city, the amount of such tax to be paid by the seller, if not previously paid, in the manner and at the time provided for in this article. There shall be a penalty for late payment of the tax imposed herein in the amount of ten (10) per centum per month, and interest in the amount of three- quarters (.75) of one per cent~m per month, upon any tax found to be overdue and unpaid. This ordinance shall be effective on July 1, 1988. First Reading: May 9, 1988 Second Reading: May 16, 1988 16 Adopted by the Council of the city of Virginia Beach, Virginia on the day of May 1988. - 23 - Item IV-H-5- ORDINANCES ITEM # 29395 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 6-15 of the Code of the City of Virginia Beach, Virginia, pertaining to Changing Clothes in Public. 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 ik-) TO @v , @ @@; SUF, ANCE TO AMEND AND REORDAIN 1 6-15 OF THE CODE OF THE 2 OF VIRGINIA BEACH, VIRGINIA, 3 PERTAINING TO CHANGING CLOTHES IN 4 PUBLIC 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Section 6-15 of the Code of the City of Virginia 10 Beach, Virginia, is hereby amended and reordained as follows: 11 12 Section 6-15. Changing clothes in public lavatories or toilet 13 rooms or in public view. 14 15 (a) It shall be unlawful for any person to undress or 16 put on a bathing suit or wet suit, change from a bathing suit or 17 wet suit to normal clothes or change from normal clothes to a 18 bathing suit or wet suit: 19 (1) iIn any public lavatory or toilet room in the 20 city, without obtaining permission or consent from the owner or 21 proprietor thereoft; or 22 (2) Upon the sand beaches or upon any parking area, 23 public street, park or right-of-way of the city, or upon private 24 property in view of the public. 25 (b) It shall not be a violation of section (2), above, 26 to put on a wet suit over a bathing suit already being worn, or 27 to remove a wet suit if wearing a bathing suit which is not 28 removed. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the 16 day of May 1988. 31 32 WEB/epm 33 04/27/88 34 05/11/88 35 CA-88-2688 36 ordin\proposed\06-015.alt 37 - 24 - Item IV-I. RESOLUTIONS ITEM # 29396 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Councli ADOPTED Resolution approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BOND: Sandcastle Motel, Inc. Refunding Bonds $2,500,000 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 "Verbal Aye SUM~ARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: Sandcastle Motel, Inc. 1400 Atlantic Avenue .Virqinia Beach, Virginia .Motel Refunding·Bonds 4. AMOUNT OF BOND 5. PRINCIPALS: ISSUE: $2,500~000 John W. Vakos Linda P. Vakos 6. ZONING CLASSIFICATION: ae Presgnt zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? H-2 Yes . . No X N/A A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis- tration Building, on the day of May, 1988. on motion by and seconded by the follow- ing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR SANDCASTLE MOTEL, INC. WHEREAS, the City of Virginia Beach Development Authori- ty (the Issuer), has considered the proposal of Sandcastle Motel, Inc., a virginia corporation (the Borrower), for the issuance of the Issuer's variable rate demand industrial development revenue refunding bonds in an amount not to exceed $2,500,000 (the Bonds) to assist in the refunding of the Issuer's $2,700,000 1984 Industrial Developinent Revenue Bond (Sandcastle Motel, Inc. Facility) issued on December 21, 1984 (the original Bond), to finance the Borrower's construc- tion and installation of a parkinq ramp and an addition to an existing motel facility (the Project) located at 1400 Atlan- tic Avenue in the City of Virginia Beach, Virginia, and owned by the Borrower, and has held a public hearing thereon on May 10, 1988; and WHEREAS, the Issuer has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended; WHEREAS, a copy of the Issuer's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds and a statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolu- tion are hereby adopted as a part of this Resolution. 2. The Council of the City of virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority to assist in the refundinq of the Original Bond, to the extent of and as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the Code). 3. The approval of the issuance of the Bonds, as required by such Section 147(f) and Section 15.1-1378.1, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Issuer shall be obliqated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Comrnonwealth, the City, or the Issuer shall be pledged thereto. 4. This Resolution shall take effect irmnediately upon its adoption. Adopted by the Council of the City of Virginia Beach, 16 virginia, on May 1988. 2 City Council of Virginia Beach, Virginia Municipal Center Virginia Beach, Virginia FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING May 9, 1988 Sandcastle Motel, Inc. Sandcastle Motel Refunding Bonds 1. Maximum amount of financing sought $2,500,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $3,000,000 3. Estimated real property tax per year using present tax rates $ 24,000 4. Estimated personal property tax per year using present tax rates $ 16,000 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 7,500 6. Estimated dollar value per year of goods and services that will be purchased locally $ 350,000 7. Estirnated number of regular employees on year round basis $ 20 8. Average annual salary per employee $ 11,500 The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORIT By T Cha ,7n is p- i - 25 - Item IV-I.2. RESOLUTIONS ITEM # 29397 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Resolution authorizing The Honorable Robert G. Jones, Mayor of the City of Virginia Beach, to accept in Dedication the Tidewater Veterans Memorial from Virginia Beach Veterans Memorial Committee, Inc. on MaY 30, 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 1 Requested by Councilman Harold Heischober 2 A RESOLUTION AUTHORIZING ROBERT G. 3 JONES, MAYOR, TO ACCEPT THE 4 DEDICATION OF THE TIDEWATER 5 VETERANS MEMORIAL FROM VIRGINIA 6 BEACH VETERANS MEMORIAL COMMITTEE, 7 INC. ON MAY 30, 1988 8 WHEREAS, the Council of the City of Virginia Beach, 9 Virginia, on December 12, 1983, unanimously approved construction 10 of the Tidewater Veterans Memorial on a site in front of the 11 Virginia Beach Pavilion, south of 19th Street, and agreed to 12 assume the maintenance function upon completion; 13 WHEREAS, the virginia Beach Veterans Memorial 14 Committee, Inc., will have the construction of the Tidewater 15 Veterans Memorial at that site completed on Memorial Day, May 30, 16 1988; and 17 WHEREAS, the Virginia Beach Veterans Memorial 18 Committee, Inc., is ready to dedicate all of its right, title 19 and interest in the Tidewater Veterans Memorial to the City of 20 Virginia Beach, so that a lasting tribute may be made to the many 21 Tidewater veterans, from all branches of the armed services; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 23 THE CITY OF VIRGINIA BEACH, VIRGINIA, that on Memorial Day, May 24 30, 1988, the City of Virginia Beach accept the dedication of the 25 Tidewater Veterans Memorial to have and hold for the public use 26 forever; and BE IT FURTHER RESOLVED that the City of Virginia 27 Beach, Virginia, assume the caretaking functions of the 28 Tidewater Veterans Memorial from that day forward; 29 And to that end the Honorable Robert G. Jones, Mayor 30 of the City of Virginia Beach, is authorized on behalf of City 31 Council to accept the dedication by the Virginia Beach Veterans 32 Memorial Committee, Inc., of the completed Tidewater Veterans 33 Memorial on May 30, 1988, and the City Departments are further 34 authorized to undertake all measures necessary or advisable for 35 the accomplishment of the object of this Resolution. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 16 day of May 1988. 38 NEW/lmt 3 9 04/15/88 40 CA-2671 41 (ordin\noncode\veterans.res) A c7,@ F,,n " E!) -% S T 0 C Ci .-@'@@T DEPARTMENT A P ASTOFORM ik,t!@ATtIP,g Cil'Y ATTORNEY' 2 OFFICE OF THE CITY MANAGER MUNICIPAL CE.TEA (601) 427@242 VIRGINIA BEACH, VIRGINIA 23456-NO2 December 5, 1983 The Honorable Mayor Members of the Council Dear Council Members: The city staff has been working with the Virginia Beach Veterans' memorial Committee to locate an appropriate site on city property for the construction of a veterans' memorial. The Virginia Beach Veterans' Memorial Committee, Inc., is a non-profit corporation composed of approximately twenty-five Virginia Beach veterans' organizations. Councilman Heischober, representing Disabled American Veterans - Chapter 20, has served as a liaison between the memorial committee and city staff in identify- ing an appropriate location. The memorial committee, upon approval of a site by City Council, will proceed to raise money from the private sector. The Virginia Beach School System has been asked to conduct a contest among its students to develop a recommended memorial design. The memorial would be dedicated to all veterans of all wars. The committee estimates it will take two years for the entire project to be com- pleted. The projected cost is $400,000 excluding the site. Upon completion, the city will assume the maintenance function. We are recommending Council consideration of the median island in front of the Pavilion south of 19th Street (a plat of the area is enclosed). I am requesting Council to provide favorable consideration for the efforts of the memorial committee in locatina the memorial at the above referenced location. If additional information or clarification is needed, please let me know. Sinc @e@y yours, '3H t4' enbeck THM:ew City Manage Enclosure 161 N -K TIDEWATER VETERANS MEMORIAL WHEREAS, it is appropriate to honor the veterans from all the branches of the armed services whose sacrifices in the declared and undeclared wars of the United States of America have enabled the residents of the Tidewater, virginia, area to enjoy the blessings of liberty; WHEREAS, the veterans organizations of the Tidewater, Virginia, area have cooperated to form the Virginia Beach Veterans Memorial Committee, Inc., the Tidewater Veterans Memorial Project and to bring to a reality the dream of a fitting memorial to honor the veterans from all branches of the armed services; WHEREAS, the Tidewater Veterans Memorial has received support from all areas of the public and private sectors, including the children of the local public and private schools; WHEREAS, the Council of the City of Virginia Beach, virginia, had agreed to assume the caretaking and maintenance responsibilities of the Tidewater Veterans Memorial and approved of the construction of the Memorial to be on City owned property on December 12, 1983; therefore W I T N E S S E T H: This Deed of Dedication, made this 30th day of May, 1988, by and between the Virginia Beach Veterans Memorial Coir,iiittee, Inc., aVirgin'@a not-for-profit corporation, sometimes known as the Tidewater Veterans Memorial Project, herein referred to as "Dedicator," and the City of Virginia Beach, a virginia municipal corporation, acting by and through the Honorable Robert G. Jones, Mayor, herein referred to as "Dedicatee." That for and in consideration of the mutual benefits that have accrued or will accrue to the parties and other good and valuable considerations, the receipt of which is hereby acknowledged, the Virginia Beach Veterans Memorial Committee, Dedicator, does hereby dedicate, release, remise and grant with Special Warranty against claims held by, through, or under the Dedicator unto the City of virginia Beach, Dedicatee, to have and to hold for the public use forever, as follows: All that certain tract, piece or parcel of land, and appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and being known and described as "Tidewater Veteran's Memorial" on that certain plat entitled "PLAT SHOWING TIDEWATER VETERAN'S MEMORIAL LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA,,' dated May 6, 1988 and prepared by the Bureau of Surveys and Mapping, Engineering Division, Department of Public Works of the City of Virginia Beach, Virginia, attached hereto and to be recorded simultaneously herewith in the clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia to which reference may be made for a more particular description. The City of Virginia Beach, Dedicatee, by accepting this dedication, obligates itself and its successors and assigns 2 to forever preserve and use the above described land and improvements thereon as the Tidewater Veterans Memorial. VIRGINIA BEACH VETERANS MEMORIAL COMMITTEE, INC. By Harold Heischober, President CITY OF VIRGINIA BEACH STATE OF VIRGINIA, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that HAROLD HEISCHOBER, PRESIDENT, on behalf of VIRGINIA BEACH VETERANS MEMORIAL COMMITTEE, INC., whose name as such is signed to the foregoing writing bearing date on the 30th day of May, 1988, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1988. Notary Public My Commission expires: EXEMPTED FROM TAXATION TAXES UNDER SECTIONS 58.1-811(a)(3) 58.1-811(c)(4) and 25.249 3 19 TH. STREET (VARIABLE WIDTH) ILDCATION MAP SCALE I'@2640' N06'24'39" W (TIL LINE) 13.12' S 83'26'i)" 82 . 02' IAJ 'Ai LU :o z LU ul i > < w lu 5 A 0 7- C) A = 103@ 42'25 03 6=180@00'00" LzIO3@42'25" R = 3, 50' R=)9.50' R = 9.50' L = 17 20' L z 61.26' L= 17@20' T = 12.10' CHORD @ 3 9. 00' T= 12,10' A z 13* 42125" A = 13'42'2 5 Rz4iP.50' Rz 412.50 L= 98.68' L= 98.68' T = 49.56' T= 49.58' DENOTES TIDEWATER VETERAN'S iviEMOR)AL PLAT SHOWING TIDEWATER VETERAN'S TWEMORIAL LYNNHAVEN BOROUGH -VIRGINIA BEACH,VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA IDATE MAY 6, 988 ISCALE I "= 25' .] I I)RAWN BY.,JA L 318 IFILE: VERTICAL - 26 - Item IV-J. CONSENT AGENDA ITEM # 29398 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council APROVED in ONE MOTION Items 1, 2, 5, 6, 8, 9, 10, 11 and 12 of the CONSENT AGENDA: Item 2 and 7 were pulled for a separate vote. Item 3 was voted upon separately for DEFERRAL and brought forward to the beginning of the AGENDA. 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 IV-J.1 CONSENT AGENDA ITF14 # 29399 Upon motion by Councilman Fentress, seconded by Councilnan Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-339 of the Code of the City of Virginia Beach, Virginia, by Adding Paragraph (3) pertaining to Blood Alcohol Content-Presumption. 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 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-339 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 BY ADDING PARAGRAPH (3) PERTAINING 5 TO BLOOD ALCOHOL CONTENT- 6 PRESUMPTION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 21-339 of the Code of the City of Virginia 11 Beach is hereby amended and reordained by adding paragraph (3) to 12 read as follows: 13 14 15 Section 21-339. Presumptions from alcoholic content of 16 blood. 17 18 In any prosecution for a violation of section 21-336, 19 the amount of alcohol in the blood of the accused at the time of 20 the alleged offense, as indicated by a chemical analysis of a 21 sample of the accused's blood or breath to determine the 22 alcoholic content of his blood in accordance with the provisions 23 of section 21-338, shall give rise to the following rebuttable 24 presumptions: 25 (1) If there was at that time 0.05 percent or less by 26 weight by volume of alcohol in the accused's blood, it shall be 27 presumed that the accused was not under the influence of 28 alcoholic intoxicants. 29 (2) If there was at that time in excess of 0.05 30 percent but less than 0.10 percent by weight by volume of alcohol 31 in the accused's blood, such facts shall not give rise to any 32 presumption that the accused was or was not under the influence 33 of alcoholic intoxicants, but such facts may be considered with 34 other competent evidence in determining the guilt or innocence of 35 the accused. 36 (3) If there was at that time 0.10 percent or more by 37 weight by volume of alcohol in the accused's blood, it shall be 38 presumed that the accused was under the influence of alcoholic 39 intoxicants. 40 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the 16th day of May 1988. 43 44 WEB/epm 45 04/22/88 46 CA-02689 47 \ordin\proposed\21-339.pro 48 WitoVED APPRO14ED AS TO LEGAL 2 - 28 - Item IV-J.2 CONSENT AGENDA ITEM # 29400 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to authorize the Acquisition of property in Fee Simple for Lynnhaven Acres Sewer Improvements C.I.P. 6-930 by Agreement or by Condemnation. 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 AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR LYNNHAVEN ACRES SEWER IMPROVEMENTS C.I.P. 6-930 BY AGREEMENT OR BY CONDEMNATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this'important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, cor,venience, morals and for the welfare of the people of the City of Virginia Beach: NOW, THEREFORE, BP- IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is' hereby authorized and directed to acquire by purchase or condemnation, pursuant toSS 15.1-236 et seg. a.-IdSS 25-46.1 et seg., '-ode of Virginia of 1950. as amended, all the real prope,ty, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Propcsed Construqtion of Lynnhaven Acres Sewer Improvements C.I.F. 6-930, Wiley and Wilson, Engineers, Virginia Beach, Virginia", these plans to be f@led in the Depa,tment of Public Utilities, MuniciDal Center, City of Vi,ginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the -@ity of Virginia Beach, to the extent that funds are available. a rea5o@able offer to owners or persons having an inte,est in said lands; if refused, the City Attorney is @-reby authorized to institute proceedings tc condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the _16 day of May 19 88 -------------- ------- ApF,ROVED AS TO CONTENTS FORM URE OR,qEY LYNNHAVEN ACRES SANITARY SE14ER CIP 6-930 LLNIITS - 29 - Item IV-J.3. CONSENT AGENDA ITEM # 29401 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of June 6, 1988: Ordinance to authorize Acquisition of property in Fee Simple for right-of-way for Holland Road/Princess Anne Road; and, the Acquisition of Temporary and Permanent Easements of right-of-way, either by Agreement or Condemnation. 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 - 30 - Item IV-J.4. CONSENT AGENDA ITEM # 29402 Maryanne Ustick, the Director of the Department of Housing and Community Development, responded to Councilman Perry's inquiries and recommeded a meeting to detail the method of arriving at the estimates of the Proposed Projects i.e, when the amount for Housing Rehabilitation was calculated some of the items involved are emergency grants, legal and professional fees, surveys titles as well as actual loans and grants. which rounded out to $199,000 and this was again rounded off to $200,000. Councilman Perry further referenced the funds related to General Management and Oversight. Maryanne Ustick advised this application was recommended by the Citizens Advisory Council at their April Twelity-eighth meeting. Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED: Ordinance to apply for Community Development Block Grant Funds for the Fourteenth Entitlement Program Year in the amount of $2,159,000. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None Requested by: The Department of Housing and Community Development AN ORDINANCE TO APPLY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE FOURTEENTH PROGRAM YEAR WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 setting forth as a national goal the development of viable urban communities; and WHEREAS, the United States Congress has enacted legislation designated as the Housing and Urban-Rural Recovery Act of 1983, providing for continuing efforts in the development of viable urban communities; and WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives such as the elimination of deteriorated conditions in low and moderate income neighborhoods; the elimination of conditions which are detrimental to health, safety and welfare; the conservation and expansion of the Nation's housing stock; the expansion and improvement of the quantity and quality of community services; and other related activities; and WHEREAS, the City of Virginia Beach has developed a multi-year Community Development Program and has structured the necessary mechanisms for implementation in comdliance with federal and local directives; and WHEREAS, the City of Virginia Beach is in the process of implementing this program and desires to initiate an application for the Fourteenth Year funding (1988-1989) in the amount of $2,159,000 which includes projected income of $70,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such information or materials, as may be necessary, to be provided to the Department of Housing and Urban Development to permit the review, approval, and funding of the City's Fourteenth Year Entitlement Grant application. AND BE IT ORDAINED, that the Council of the City of Virginia Beach gives its assurance that the intent of the Act will be complied with in full. AND BE IT ALSO ORDAINED, that the Department of Housing and Urban Development is respectfully requested to assist in the prompt approval and funding of the subject program in order that the public interest of this City may be best protected. Adopted by the Council of the City of Virginia Beach, Virginia on this 16 day o f May 1988. APPROVED AS TO CONTENT: APPROVED AS TO FORM: M@n I. Ust irector City Attor y Department of Housing and Community Development - 31 - Item IV-J.5. CONSENT AGENDA ITEM # 29403 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Resolution requesting $20,105 Grant Funds for the Virginia Beach Clean Community Eleventh Year Program from the Department of Conservation and Historic Resources, Division of Litter Control, State of Virginia. 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 R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach recognizes the existence of a litter problem within the city; and WHEREAS, the Virginia Litter Control ACt Of 1976 provides, through the Department of Conservation and Historic Resources, DiVision of Litter Control, for grants for the purpose of enhancing local litter control programs; and WHEREAS, the Virginia Beach Clean Community Program is in its tenth year of funding under this program; and WHEREAS, in order for the eleventh year funding application to be forwarded to the Division of Litter Control, said application must be endorsed by Council. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach endorses and supports the continuation of the Virginia Beach Clean Community Program with grant funding of $20,105.00 to be furnished by the Division of Litter Control of the State of Virginia. BE IT FURTHER RESOLVED that the Department of Conservation and Historic Resources, Division of Litter Control, is hereby requested to consider and approve said grant application and program, said program being in accord with the regulations governing the use and expenditure of these funds. Adopted this 16 day of May 1988. APp,.ZCVE,D AS TO - 32 - Item IV-J.6. CONSENT AGENDA ITEM # 2940@ Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $18,000 from the Golf Course Enterprise Fund for the Acquisition of a verti- drain machine for use at the three municipally owned golf courses. 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 z 0 c 0 AN ORDINANCE TO TRANSFER $18,000 FROM SOURCES WITHIN THE GOLF COURSE ENTERPRISE FUND FOR THE ACQUISITION OF A VERTI-DRAIN MACHINE 4 @EREAS, excessive play at the three municipally owned golf courses has resulted in soil compaction and poor soil conditions, and WHEREAS, the verti-drain machine is designed to break though the sub- surface to revitalize the soil and promote proper drainage, and WHEREAS, this machine was recommended for acquisition in the FY 1988-89 Operating Budget for the Department of Parks and Recreation, and WHEREAS, the manufacturer currently has a backlog of orders for this piece of equipment which necessitates ordering the verti-drain machine at this time in order to ensure a summer delivery date, and WHEREAS, the piece of equipment will be shared by all three golf courses, and WHEREAS, $18,000 in unused funds have been identified within the three golf courses to purchase this machine in this fiscal year, and WHEREAS, the FY 1988-89 Operating Budget for the Golf Course Enterprise Fund can be adjusted by $18,000 to reflect the early purchase of this equipment. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $18,000 be transferred from sources within the Golf Course Enterprise Fund to purchase a verti-drain machine for use at the three municipally owned golf courses, and BE IT FURTHER ORDAINED that the FY 1988-89 Operating Budget for the Golf Course Enterprise fund be adjusted to reflect the early purchase of this piece of equipment. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 day of May 1 1988. - 33 - Item IV-J.7. CONSENT AGENDA ITEM # 29405 City Attorney J. Dale Bimson advised Councilman Fentress, a letter of intent will be provided relative Item No. 6 of the Franchise Agreement specifying what the Grantee can and cannot rent. Attorney R. J. Nutter, representing the applicant, advised Councilman Fentress no "skin" boards (items containing rubber and foam) will be rented. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Co-cil ADOPTED: Ordinance Granting Franchise to M-iner Associates, a Virginia Limited Partnership, to provide Lifeguard Services and Beach Fquipment Rentals on City property adjacent to the property occupied by the Ramada Inn, 57th Street and Oceanfront. 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 Arr-,R')%f'@r,) As TO C0.14TEW, CITY A,'fTOPNEY 1 AN ORDINANCE GRANTING TO MARINER ASSOCIATES, 2 A VIRGINIA LIMITED PARTNERSHIP, A FRANCHISE 3 TO PROVIDE LIFEGUARD SERVICES AND BEACH 4 EQUIPMENT RENTALS ON CITY PROPERTY ADJACENT 5 TO THE PROPERTY OCCUPIED BY THE RAMADA INN, 6 57TH STREET AND OCEANFRONT 7 WHEREAS, mariner Associates, a Virginia limited 8 partnership, owns and operates a hotel establishment known as the 9 Ramada Inn, located at 57th Street and the Oceanfront, in the 10 City of virginia Beach; and 11 WHEREAS, Mariner Associates desires to use the property 12 of the City of Virginia Beach to conduct lifeguard services and a 13 beach equipment rental operation for the guests of the Ramada 14 Inn; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That Mariner Associates, a Virginia limited 18 partnership, be, and hereby is, granted a franchise to use the 19 Property of the City of Virginia Beach to conduct lifeguard 20 services and a beach equipment rental operation, upon the terms 21 and conditions stated in the Agreement attached hereto, and upon 22 the further condition that the said Agreement be executed on 23 behalf of Mariner Associates. 24 Adopted by the City Council of the City of virginia 25 Beach on the 16 day of May 1988. 26 WMM/dhh 27 05/09/88 28 CA-02716 29 (\ordin\noncode\mariner.ord) FRANCHISE AGREEMENT THIS AGREEMENT, made this day of May, 1988, by and between the CITY OF VIRGINIA BEACH, party of the first part, hereinafter referred to as the City, and MARINER ASSOCIATES, a Virginia Limited Partnership, party of the second part, hereinafter referred to as Grantee, WITNESSETH WHEREAS, Grantee is the owner and operator of the Ramada Inn, a hotel establishment located on the oceanfront at 57th Street, in the City of Virginia Beach, Virginia; and WHEREAS, Grantee desires to provide, for the benefit and enjoyment of its guests, lifeguard services and beach equipment rentals; and WHEREAS, Section 15.1-894 of the Code of Virginia, as amended, confers upon municipal corporations the authority to grant franchises to use public property; NOW, THEREFORE, for and in consideration of the covenants and promises set forth herein, the parties do hereby agree as follows: 1. GRANT OF FRANCHISE. The City hereby grants unto Mariner Associates, Grantee herein, the right to use the property of the City more particularly described hereinbelow, in such manner and for such purposes as are stated herein, and no other, subject to the terms and conditions set forth in this Agreement. 2. PURPOSES OF FRANCHISE. The right hereby granted to use the property of the City shall be for the purpose of providing lifeguard services and beach equipment rentals for the guests of the Ramada Inn at 57th Street and the Oceanfront, and no other. 3. AREA OF OPERATION. The right to use the property of the City for the purposes herein stated shall be limited to that area contiguous to the property of Grantee and within thirty (30) feet of the bulkhead located on the property of Grantee. 4. SIGNAGE. Grantee shall neither erect nor allow any sign of any nature in connection with the operation authorized by this Agreement which is visible from any public street, right-of- way or other public place. 5. TERM OF FRANCHISE AND TIMES OF OPERATION (a) The right hereby conferred shall commence on the twentieth day of May, 1988, and shall expire and terminate at six o'clock p.m. on the first day of October, 1988. Grantee shall remove all items of merchandise and all other visible evidence of its operation immediately thereafter. (b) During the term of this Agreement, Grantee shall be entitled to operate every day between the hours of 9:00 a.m. and 6:00 p.m. only. 6. EXTENT OF OPERATION. Grantee shall be entitled to rent only beach equipment, such as beach chairs, beach umbrellas, and rafts, and shall provide one lifeguard at any given time. All such rentals shall be only to guests of the Ramada Inn and 2 their invitees, and in no event shall rentals be permitted to members of the general public. Grantee shall be permitted to store items for rental and lifeguard equipment in three boxes, one of which shall be located by each of the three stairways leading to the beach. All such items shall be stored neatly at all times, and at no time shall any rental items or other equipment block or interfere with access to and from the property of the City. 7. COMPLIANCE WITH LAW. Grantee shall at all times ensure that all City ordinances and regulations and all other applicable laws are complied with at all times. 8. DESIGNATION OF OPERATOR. Grantee shall be entitled to contract for the services herein authorized, but shall, prior to the commencement of operations notify the Director of Permits and Inspections of the names and business addresses of all persons or firms engaged in the conduct of such operations. 9. RESTORATION OF PROPERTY. Upon termination of the operation, Grantee shall restore the area of its operation to its original condition. 10. INDEMNIFICATION OF CITY. Grantee hereby expressly agrees and warrants that the City shall incur no liability or responsibility as a result of the operation herein authorized, and further expressly agrees that it shall indemnify and save the City harmless for any losses, damages, or claims it may incur as a result of the operation herein authorized, including attorney's 3 fees and costs incurred in defending any claim against the City arising out of, or in connection with, such operation. ii. TERMINATION OF FRANCHISE. The City shall have the right to terminate the franchise granted by this Agreement in the event of the violation of, or failure to comply with, any of the terms of this Agreement. In the event Grantee shall continue to occupy the property of the City after such termination, it shall be subject to such sanctions as are provided by law. 12. ADDITIONAL CONDITIONS; MODIFICATIONS. The rights conferred upon Grantee pursuant to this Agreement shall be subject to modification by the City in accordance with the action of its City Council, and any additional conditions or modifications imposed by the City shall have the same force and effect as if fully set forth herein. 13. FRANCHISE FEE. Grantee hereby agrees to pay to the City, as and for consideration for the use of the property of the City, the sum of One Hundred Dollars ($100.00), which sum shall be paid prior to the commencement of the operations herein authorized. CITY OF VIRGINIA BEACH, VIRGINIA City Manager ATTEST: City Clerk 4 MARINER ASSOCIATES David Pender General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. GIVEN under my hand this day of 1988. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. 5 GIVEN under my hand this day of 1988. Notary Public My Commission Expires: STATE OF CITY OF to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that DAVID PENDER, General Partner for MARINER ASSOCIATES, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in the City and State aforesaid. GIVEN under my hand this day of 1988. Notary Public My Commission Expires: W14m/dhh 05/10/88 t4ARINER.AGM 6 - 34 - Item IV-J.8 CONSENT AGENDA ITEM # 29406 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BID to REA Construction Company in the amount of $433,847 for 1987-1988 Bituminous Concrete Maintenance Schedule - Contract III. 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 - 35 - Item IV-J.9 CONSENT AGENDA ITEM # 29407 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council APPROVED: RAFF'LE PERMIT Kiwanis Club of Kempsville Philippino Nurses Association of Tidewater (Filipino) 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. Mo6s, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 36 - Item IV-J.10 CONSENT AGENDA ITEM # 29408 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council A-PPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: A. Cavalier Limousine Service 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 - 37 - Item IV-J.11 CONSENT AGENDA ITEM # 29409 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $4,801-39 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 Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RM NO. C.A. 7 4/26/88 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Y ear of Tax Number tion No. Paid Truman D Baxter 88 RE(1/2) 6642-6 12/5/87 156.46 Doris M Carroll 88 RE(1/2) 17530-8 12/5/87 21.92 W W Realty Associates 88 RE(1/2) 112438-0 12/1/87 99.71 F Wayne McLeskby Jr 88 RE(1/2) 69638-0 12/5/87 109.63 F Wayne McLeskey Jr 87 RE(1/2) 66940-0 12/5/86 100.00 F Wayne McLeskey Jr 87 RE(2/2) 66940-0 6/5/87 100.00 F Wayne McLeskey Jr 86 RE(1/2) 64295-7 12/5/85 100.00 F Wayne McLeskey Jr 86 RE(2/2) 64295-7 6/5/86 100.00 F Wayne McLeskey Jr 85 RE(1/2) 59950-4 12/5/84 100.00 F Wayne McLeskey Jr 85 RE(2/2) 59950-4 6/5/85 100.00 Dallas M& Patricia DeVinney 88 RE(1/2) 27319-4 11/18/87 8.67 Dallas M& Patricia DeVinney 87 RE(1/2) 26499-9 12/2/86 7.42 Dallas M& Patricia DeVinney 87 RE(2/2) 26499-9 5/22/87 7.42 Dallas M& Patricia DeVinney 86 RE(1/2) 25226-2 11/25/85 7.42 Dallas M& Patricia DeVinney 86 RE(2/2) 25226-2 5/21/86 7.42 Dallas M& Patricia DeVinney 85 RE(1/2) 23755-7 12/5/84 6.48 Dallas M& Patricia DeVinney 85 RE(2/2) 23755-7 6/5/85 6.48 Stephen L & Mary Miller 87 RE(1/2) 69241-0 11/10/86 83.12 Roosevelt Savings Bank 88 RE(1/2) 5175-3 12/5/87 2,403.99 Norfolk Port & Industrial Auth 88 RE(1/2) 80119-5 11/16/87 54.09 Ameribanc Savings Bank 88 RE(1/2) 72720-3 12/5/87 350.70 Albert P & Mary Nell Roosendaal88 RE(1/2) 92953-9 12/4/87 32.89 First Union Mortgage 88 RE(1/2) 106994-8 12/5/87 87.70 First Union Mortgage 88 RE(1/2) 69940-3 12/5/87 28.49 First Union Mortgage 88 RE(1/2) 62176-3 12/5/87 8.77 First Union Mortgage 88 RE(1/2) 28584-0 12/5/87 40.09 Sovran Mortgage Corp 88 RE(]/2) 62855-1 12/5/87 9.87 ESG Enterprises & J McDonnell 88 RE(1/2) 30255-4 12/5/87 557.23 Melvin Beasley 88 RE(1/2) 7124-1 11/18/87 52.71 Melvin Beasley 88 RE(2/2) 7124-1 11/18/87 52.71 Total 4,801.39 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,801-39 were approved by the Council of the City of Virginia 16day of -M,,3, Beach on the- 1988 Approved as t Ruth Hodges Smith City Clerk J. Dle Bmsbn, City Attorney - 38 - Item IV-J.12 CONSENT AGENDA ITEM # 29410 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance Authorizing License Refunds in the amount of $5,467.24 upon application 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, Heba S. McClanan, John i). Moss, Vice Mayor Meyera E. Obernctorf, Nancy K. Parker and John j,. llerry Council @iembers Vo,ing Nay: iione Gouncil Iiembers Absent: lione FORM NO. CA 8 REV. 3ft 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 C@ 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 William W. Townsend 4224 Holland Road, Suite 108 Virginia Beach, VA 23452 1985-86 Audit 97.31 97.31 Certified as to Payment: Wobert P. Vaughan Commissioner of the Revenue Approv,ed as to form:,,/ -j/Daie gimson /loity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 97 31 were approved by the Council of the City of Virginia Beach on the 1 6 day of May '19 88 Ruth Hodges Smith City Clerk FORM NO. C.k 8 REV. aU 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 r-ommissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid PM Tidewater VA, Ltd. Pembroke One, #305 Virginia Beach, VA 23462 1986-87 Audit 168.66 168.66 R & B Corp. of va Beach 1924 Virginia Beach Blvd.@ Virginia Beach, VA 23454 1985-86 Audit 734.50 734.50 Raymond 0. & Yolanda Tisdale T/A T & T Pro-Tan 205 34th Street #1018 Virginia Beach, VA 23451 1985-86 Audit 49.01 49.01 Certified as to Payment: rt P. Vaughan (57 Commissioner of the Revenue Ai)Droved as to forry,@ @Da@e -Bimson' This ordinance shall be effective from date of /'City Attorney adoption. The above abatement(s) totaling were approved by the Council 1 6 May 88 of the City of Virginia Beach on the- day of '19 - Ruth Hodges Smith City Clerk FORM NO. Ck 0 fiEV. 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: License Date Base Penafty lnt. Total NAME Year Paid Walter W. Berry T/A Walter W. Berry, CPA 620 white Haven Crescent Chesapeake, VA 23325 1986-87 Audit 356.89 356.89 Century Mortgage Co., Inc. 481 N. Frederick Avenue Gaitherburg, MD 20877 1986 Audit 2,171.95 2,171.95 The Cushing Corp. T/A C & M Builders 1608 Wildwood Drive Virginia Beach, VA 23454 1985-86 Audit 745.40 745.40 Certified as to Payment: @ob-ert P. Vaughan Commissioner of the R@. Approyed as to fqrl 0 -4,@aie'6imso@ y Aftorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 3 , 274 24 were approved by the Council of the City of Virginia Beach on the@' day of May 19 88 Ruth Hodges Smith City Clerk FORM @0. C.k 0 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 foliowing applications for lirense refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Edwin B. Lindsley T/A Atlas Realty 936 Lindsley Drive virginia Beach, VA 23454 1985-86 Audit 792.19 792.19 Major-Marken Bil-Terry Corp. T/A Dinos Super Subs 7532 Virginia Drive Norfolk, VA 23505 1986-87 Audit 159.44 159.44 Ocean Waves, Ltd. T/A The Waves 3108 Atlantic Avenue Virginia Beach, VA 23451 1984-87 Audit 191.89 191.89 Certified as to Payment: bert P. Vaughan Commissioner of the Revenue ADDroved- as to a@e-bimsc(n Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling I - 1 4 -4- were approved by the Council of the City of Virginia Beach on the-' 6day of May '19 88 Ruth Hodges Smith City Clerk - 39 - Item IV-K.J APPOINTMENTS ITEM # 29411 Upon NOMINATION by Vice Mayor Oberndorf, City Council REAPPOINTED to the ARTS HUMANITIES COMMISSION: Em Davis Delores B. Kelley Ernestine K. Middleton (2-Year Term 7/1/88 - 6/30/90) AND, APPOINTED: Juanita G. Felton Flo McDaniel Philip W. Richardson (2-year term 7/1/88 - 6/30/90) 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 - 40 - Item IV-K.2. APPOINTMENTS ITEM # 29412 Upon NOMI[NATION by Councliman Fentress, City Council REAPPOINTED to the SOCIAL SERVICES BOARD: Barbara C. Kledzik (4-year Term 7/1/88-6/30/92) AND, APPOINTED: Susan M. Scott (4-Year Term 7/1/88-6/30/92) 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 - 41 - Item IV-K.3.(a). APPOINTMENTS ITEM # 29413 ADD-ON Upon NOMINATION by Councilman Moss, City Council REAPPOINTED to the SOUTHFASTERN VIRGINIA PLANNING DISTRICT COMMISSION: Reba S. McClanan (3-Year Term 7/1/88-6/30/91) 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, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 42 - Item IV-K.3.(b). APPOINTMENTS ITEM # 29414 ADD-ON Upon NOMINATION by Councilman Moss, City Council APPOINTED to the SOUTHFASTERN VIRGINIA PLANNING DISTRICT COMMISSION: Albert W. Balko (3-Year Term 7/1/88-6/30/91) Voting: 10-0 Council Members Voting Aye: 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 Abstaining: Albert W. Balko Council Members Absent: None - 43 - Item IV-K.l. UNFINISHED BUSINESS ITEM # 29415 Councilman Baum requested City Staff review the "unuseablell land in the rural areas of the city. A lady inherited one acre and an old house which is not worth repairing. Therefore, the citizen has unuseable land. As the State Health Department on these imperfectly drained soils requires parcels of three acres, there should be some methodology to protecting the public health but still retain at least a three-acre minimum drainage area. Councilman Baum would like to possibly confer with Councilwoman Henley, the City Manager, the Community Development and Housing Authority and the Health Department regarding situations of this nature. - 44 - Item IV-L.1 NEW BUSINESS ITEM # 29416 INTERIM FINANCIAL STATEMENTS for the Period July 1, 1987 through March 31, 1988 were distributed to City Council. Said Statements are hereby made a part of the record. Giles Dodd, Assistant City Manager for Administration, was in attendance to respond to inquiries. - 45 - Item IV-L.2. NEW BUSINESS ITEM # 29417 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council SCHEDULED: SPECIAL SESSION OF CITY COUNCIL 12 NOON - FRIDAY, JULY 1, 1988 MAYOR'S & COUNCIL'S OATHS OF OFFICE AND ELECTION OF VICE MAYOR 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 - 46 - Item IV-L.2. NEW BUSINESS ITEM # 29418 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council RESCHEDULED: ALL SFSSIONS OF CITY COUNCIL FROM JULY 4, 1988 TO JULY 5, 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 - 47 - Item IV-K.l. ADJOURNMENT ITEM # 29419 Upon motion by Councilman Fentess and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:43 P.M- Be,. y Chief Deputy City Clerk i th iidt..3 S-Iltll, CMC City Clcrk City of Virginia Beach Virginia