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MARCH 7, 1988 cdof "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G JONES, A, L.,g, VICE MAYOR MEYERA E. OBERNDORF, A, L,,g, ALBERT W. BALKO, I-,.@h@ @@ @,h JOHN A. BAUM, BI-k..,, B,@.gh ROBERT E. FENTRESS, Vi,i@i. &.,h B-.,h HARO@ HEISCHOBER, A@ L,,,, BAP,BARA U HENLEY, P.@, @..gh REBA S. MCt-ANAN, P,-,, A@@, B,@,h JOHN D. MOSS, K-p@ill, &-gh NANCY K PARKFR, A, JOHN L. PEMY, B@,.& 281 CITY HALL BUILDING MUNICIPAL CENTER AUBMY V. WA@S. j@., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 1 D@ MM@N, C.,, A-- (8W) 427-4303 R@H HO@n WUH, CMCI-, March 7, 1988 ITEM I. CITY MANAGER'S BRIEFING Conference Room 11:00 AM A. PROPOSED CERTIFICATE OF OCCUPANCY - Robert @her B. CDBG POLICY STATa4ENT AND SUPPLEMENTAL CIP ACTION PLAN - Maryann Ustick C. RESORT AREA FACADE PROGRAM - Henry Ruiz D. ADVERTISING AGENCY SELECTION - A. James DeBellis ITEM II. COUNCIL COEFERENCE SESSION - Conference Room 1:00 PM A. CrrY COUNCIL CONCERNS ITEM III. INFORMAL SESSION - Conference Room 1:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO EXBCURIVE SESSION ITF14 IV. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Mark Miller Beachgrove United Methodist @urch B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRO14IC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITE14S FOR THE FOPMAL AGENDA E. MINUTES 1. INFORMAL & FORMAL SESSIONS - February 29, 1988 F. RESOLUTIONS/ORDINANCES 1. Resolution recognizing and commending Aubrey V. Watts, Jr., City Manager; C. Oral Lambert, Jr., Director of Public Works; and P. Wade Kyle, Administrator of the Wastp Mznagement Division of Public Works, for their outstanding efforts on the Automated Collection System. 2. Resolution authorizing the, developrnent of MINIBOND program. 3. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 33-114.2 authorizing and requiring administrative approval of Encroacbments by Oertain Awnings. 4. Ordinance authorizing and directing the City %nager to enter into a contract with Arthur Polizos Associates, Inc. C. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Cc)uncil and will be enacted by one motion in the form listed. If any item is removed from the CC)nsent Agenda, it will be discussed and voted upon separately. 1. Ordinance directing the City Attorney to publish legal notice pursuant to Section 24.1-136 of the Code of Virginia, reference adjustment of the common boundary at Moore's Point. 2. Ordinance authorizing temporary encroacbment into a portion of city property known as a pump station site at Lynnhaven Parkvay and Viking Drive to Life Savings Bank, FSB, their assigns and successors in title. 3. ORDINANCES UPON SECOND READING: a. ACCEP'R arbd APPROPRIATE $96,691 additional State funding for the Virginia Beach Community Diversion Project. b. ACCEPT and APPROPRTATE $50,000 for the replacement of the heating and air conditioning system at KE24PSVILLE GREENS GOLF COURSE. c. ACCEPT and APPROPRIATE $40,713 for Salary Merit Increases in the Sheriff's Departinent. d. AccEpr and APPROPRIATE $50,333 for one additional Deputy II position in the City Treasurer's Office and five additional Correctional Officer Positions in the Sheriff's Department. 4. BINGO/RAFFLE PERMIT: Kempsville Elementary PTA 5. Ordinance authorizing license refunds in the amount of $1,208.94. H. APPOINTMENT: 1. PERSONNEL BOARD I. UNFINISHED BUSINESS J. NEW BUSINESS K. ADJOURNMENT PUBLIC HEARING CCMPRERENSIVE ZONING ORDINANCE 7:00 PM KEMPSVILLE HIGH SCHOOL MARCH 10, 1988 M I N U T E 8 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 7, 1988 The BRIEFING SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by the City Manager in the Conference Room, City Hall Building, on Monday, March 7, 1988 at 11:00 A.M. Council Members Present: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: John A. Baum (ENTERED: 11:48 A.M.) (had a family emergency) Mayor Robert G. Jones (ENTERED: 11:15 A.M.) Vice Mayor Meyera E. Oberndorf (ENTERED: 1:00 P.M.) (Speaking at a Naturalization Ceremony at the Federal Court Building in Norfolk) John L. Perry (ENTERED: 11:22 A.M.) - 2 - C I T Y M A N A G E R IS B R I E F I N G PROPOSED CERTIFICATE OF OCCUPANCY 11:00 A.M. ITEM # 28940 The City Manager introduced Robert Loher, Director of Permits and Inspections, who reiterated information relative the PROPOSED Certificate of Occupancy Program. Every year, since 1973 when the Department of Permits and Inspections became responsible for enforcing the housing code, the number of complaints received for investigation by the Housing Division has grown and in recent years has reached an increase of approximately 20% per year. During these years, systematic inspections (neighborhood maintenance inspections) have also been conducted at the request of civic leagues or in areas where they are obviously needed, and in recent years it has become apparent that the need for systematic inspections is also rapidly increasing. The need for increases in staff to handle the growing number of complaint and systematic inspections was addressed in the 1987-88 budget request for Housing Division and that request was partially met. At the same time, a new strategy was decided on that could possibly reduce the increasing demand and need for complaint and systematic inspections in the future by expanding the scope of a program already in effect. It has been derived from some of the group discussion that the City would be reviewing houses that really did not need to be inspected. It has also been suggested when a house is put on the market it has been repaired; and, therefore, there is no need for the inspection. However, photographs were taken of certain houses on the market and this proves NOT to be the case. Therefore, there are obvious discrepancies. The CERTIFICATE OF OCCUPANCY Ordinance will not solve all the problems, but will be one of the tools to address the housing stock deterioration. Alex Davis, Housing Code Administrator, advised the Department conducted 1,076 LPA Inspections in 1986. LPA (LOCAL PLANNING AUTHORITY) inspections are housing code inspections required by VA on all dwellings fifteen (15) years or older being sold VA with a fee of $30-00 for each initial inspection paid to the City. In 1986, 131 initial LPA inspections were conducted in Aragona Village and 172 were conducted in Princess Anne Plaza. These thorough inspections of the interior of the dwellings as well as of the exterior and premises definitely aided in the maintenance of these subdivisions and in any other subdivisions where conducted. An LPA Inspection is mainly a visual type inspection to determine if any obvious repairs are required. Because of he proven value of the LPA inspection program and the experience and expertise gained in administering it, a logical next step was to expand the scope of the LPA's by requiring that all dwellings being sold VA, or by any other type of sale, be inspected. The fifteen (15) year requirement was changed to ten (1) years because of the deterioration in the housing stock the City is finding through systematics and complaints in subdivisions. In an LPA inspection, the plumbing is investigated to determine leakage, whether the electrical outlets are functioning properly, the electrical switches function, floors are sagging, or there are cracks in the walls or ceiling. The entire house is investigated to determine if there is an obvious need of repair. Approximately 75% of the houses inspected did not pass inspection the first time. One inspector could reasonably conduct approximately 800 initial inspections per year and the necessary follow-up inspections. MLS records showed that approximately 2400 dwellings would be transferred in the first year of such a program. Since one (1) housing inspector had been doing LPA's exclusively and LPA's would be automatically included in the proposed C.O. inspection, the LPA inspector and two (2) additional inspectors would be sufficient to the task. The proposed CERTIFICATE OF OCCUPANCY program and the necessary staffing was required in the 1987-88 budget and was approved at the BUDGET HEARING. - 3 - PROPOSED CERTIFICATE OF OCCUPANCY ITEM # 28940 (Continued) Councilwoman Parker requested a DISCLAIMER be placed on the CERTIFICATE advising this is only a surface level inspection. Alex Davis advised a DISCLAIMER is currently attached to the LPA's inspection CERTIFICATE. it states the inspection is not a complete examination of heating, electrical, plumbing or crawlspace. Alex Davis advised the LPA requirement has been rescinded by the VA. William Macali, Assistant City Attorney, who drafted the PROPOSED 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, explained the exemptions: (b) (1) Conveyed or transferred by gift or trust to a member of the immediate family of the transferor; or (i.e. parents wish to give their child a present of the house. If the son or daughter wished to sell the house on the open market then the Ordinance would at this point take effect.) (2) Conveyed or transferred to a spouse or former spouse pursuant to judicial decree or marital separation agreement; or (Husband and wife divorce, but one remains in the house. This is not a sale of the property.) (3) Conveyed or transferred by bequest or devise or pursuant to the laws of intestate succession or survivorship; or (i.e., husband dies then the wife would retain full title to the property.) (4) In which any interest or estate other than fee simple is conveyed or transferred; or (Contained therein basically as an exemption to rentals.) (5) Less than ten (10) years of age as of the date of consummation of sale, conveyance or other transfer; or (Previously discussed in the aforementioned paragraphs). (6) Contained in multiple-family dwellings consisting of more than four (4) dwelling units or in attached dwellings consisting of more than nine (9) dwelling units. (This particular exemption involves rental properties and the City Council may wish to provide further direction.) (7) Conveyed or transferred for purposes other than occupancy as a dwelling unit. (If the person who owns the house is selling it to someone else and the intention is to tear down the house and build a office, et cetera, then there is no need to inspect the house if it is going to be demolished.) - 4 - PROPOSED CERTIFICATE OF OCCUPANCY ITEM # 28940 (Continued) Councilman Perry and Councilwoman McClanan reiterated the necessity for an Ordinance specifically related to the minimum standards a dwelling must meet before it is required to be repaired. Councilman Moss requested ADMINISTRATIVE GUIDELINES be established relative this Ordinance to explain the Inspection. The Ordinance does not apply to a large condominium unit such as Chesapeake House. The City Manger advised at the City Council Meeting of March 14, 1988, a proposal relative the CERTIFICATES OF OCCUPANCY Ordinance will delete Item (b) (1) under EXEMPTIONS, and provide clarification specifically relative Item (b) (6) and the manner in which the City will deal with the Condominium situations. GUIDELINES regarding communicating to the public the requirements of the Inspection Program will also be provided to City Council. The City Manger advised the City Staff recognizes the problems associated with rental properties but this is a first step. At a later date this accompanied by an Ordinance specifically related to the minimum standards a dwelling must meet before it is allowed to be repaired, will be addressed. The City Council can advise whether they wish an Ordinance relative CERTIFICATES OF OCCUPANCY scheduled for the City Council Agenda of March 21, 1988. At the request of Councilman Perry, the City Staff will examine the REFLECTIONS complex on Lynnhaven Road relative bad wood on the porches and fence railing. I - - 5 - C I T Y M A N A G E R IS B R I E F I N G COMMUNITY DEVELOPMENT BLOCK GRANT POLICY STATEMENT AND SUPPLEMENTAL CIP ACTION PLAN 11:55 A.M. ITEM # 28941 The City Manager introduced Maryann Ustick, Director of Housing and Community Development, who advised the City's staff has worked diligently to review past and present actions relative to the CDBG Program, as well as to attempt to articulate a coherent policy framework with appropriate action policies to be followed through each TARGET AREA. Maryann Ustick outlined the 1988 ACTION PLAN POLICIES: (1) Each TARGET neighborhood will be addressed as a separate entity as to needs, objectives and specific improvements/programs to be implemented. (2) In each neighborhood, the following goals will be balanced and weighed: (a) benefiting existing residents (b) preserving neighborhoods where feasible (c) establishing land-use and housing patterns of city-wide benefits Financial feasibility, including cost per unit, will be analyzed and included in program considerations. (3) Past actions will not necessarily be treated as a precedent. (4) The City's first funding priority, where not already accomplished, will be to install basic infrastructure improvements. This is defined as water and sewer service and paved streets without curb and gutter. (5) It shall be the policy of the government to strenuously avoid the installation of publicly funded improvements which have the dominant effect of benefitting potential land speculation or future development not in character with the neighborhood. (6) General fund monies may be used to supplement CDBG funds. The primary burden of funding street improvements shall be on the CDBG program due to the often unique circumstances which require practices and policies which would not be and have not been followed in other areas of the City. Maryann Ustick advised five (5) of the original TARGET neighborhoods have full improvements: BEECHWOOD LAKE SMITH DOnETOWN MILL DAM NEWLIGHT - 6 - COMMUNITY DEVELOPMENT BLOCK GRANT POLICY STATEMENT AND SUPPLEMENTAL CIP ACTION PLAN ITEM # 28941 (Continued) Maryann Ustick reviewed the status of the TARGET neighborhoods: ATLANTIC PARK Present Status: Water and sewer Present. Street or drainage improvements not present or planned. Recommended Improvement: No additional Capital Projects. Justification: The entire neighborhood lies within Oceana Naval Air Station's high noise zone and a substantial portion of the neighborhood lies within the Accident Potential Zoning of the approach to Oceanals runway. HUD's environmental regulations do not permit the funding of improvements which promote new residential development in such hazardous areas. The Staff does not recommend street improvements be constructed as they would encourage such new residential development BURTON STATION Present Status: liater sewer improvements scheduled for 1992. Street and drainage improvements not present or planned Recommended Improvement: Planned improvements on hold pending completion of Airport Master Plan (12/88) Justification: Any activities planned for Burton Station should take into consideration the external/environmental constraints, such as the maintenance and expansion of the Norfolk International Airport. The previous Burton Station Neighborhood Plan, on which the January 1982 rezoning to residential use was based, did not take into consideration the environmental impediments to redevelopment created by Burton Station's location in the Airport's high noise zone. HUD's environmental regulations do not permit the funding of improvements which promote new residential development in high noise zones. - 7 - COMMUNITY DEVELOPMENT BLOCK GRANT POLICY STATEMENT AND SUPPLEMENTAL CIP ACTION PLAN ITEM # 28941 (Continued) GRACETOWN Present Status: Water and sewer improvements complete. Non-standard street and open drainage project will be completed Spring 1988. Recommended Improvement: Provide additional drainage improvements consisting of underground pipe system without curb and gutter. Justification: Due to the required depth and width of the ditches in the current open drainage system and to the proximity of these ditches to the houses in Gracetown, it is recommended that an underground piped drainage system be constructed. This underground drainage system will enhance the revitalization of Gracetown by improving the aesthetic appearance of the neighborhood and will not impact the existing houses to the extent that standard width streets and curb and gutter would do so. All the lots in Gracetown are subdivided. There are approximately 108 vacant lots in Gracetown. NEWSOME FARM Present Status: Water and sewer improvements complete. Plans for full improvements to be completed June 1988. Acquisition of right-of-way is 30% complete. Construction to commence Fall 1988. Recommended Improvement: Provide full street/drainage improvements with CDBG and General Revenue Sharing Funds. Justification: The major constraint to the construction of street and drainage improvements in Newsome Farm has been the high cost of a drainage outfall. Drainage must be piped down Newtown Road to Lake Smith at a cost in excess of $1.5-MILLION plus the cost of drainage easements. Consequently, constructing an open drainage system for Newsome Farm was not considered to be cost effective since much of the expense would be incurred in constructing the outfall systems. Much of the land in Newsome Farm is not subdivided. Standard improvements required for infill housing to be encouraged. Newsome Farm has been selected as the location for an eight (8) lot subdivision of low and moderate income single- family housing currently under construction by the Virginia Beach Community Development Corporation. - 8 - COMMUNITY DEVELOPMENT BLOCK GRANT POLICY STATEMENT AND SUPPLEMENTAL CIP ACTION PLAN ITEM # 28941 (Continued) QUEEN CITY Present Status: Water and sewer project (with street resurfacing) to commence Fall 1988. Recommended Improvement: Perform drainage feasibility study Justification: A 30-foot right-of-way is being acquired as part of the water and sewer project and the streets will be repaved and realigned once the water and sewer lines are installed. Standard street and drainage improvements are not planned for Queen City due to the extreme close proximity of the houses to the street. and to the narrowness of the existing streets. One-third of Queen City lies in Ches@peake. Consequently, the City Staff is working very closely with Chesapeake to insure consistency in approach that will enhance the appearance of the Community and not detract from same. REEDTOWN Present Status: Water, sewer, streets and drainage project will be completed by March 1988. Recommended Improvements: No additional capital projects. Justification: Reedtown is one of the least densely-developed target areas in Virginia Beach. The neighborhood consists of eight (8) houses located on large wooded lots. Staff does not believe that any additional capital expenditure for the benefit of eight (8) households can be justified in view of the fact that adequate roads, drainage and water and sewer facilities will soon be in place. Paved streets are now in place, garbage collection was initiated on February 17, 1988, and mail delivery will commence within thirty days after the new street addresses have been assigned by the Planning Department. SEATACK Present Status: Water and sewer present in entire neighborhood. Full street and drainage improvements present in Phase I; 100% design plans complete (nonstandard street and open drainage improvements) for Phases IIA and IIB; Right-of-way acquisition 98% complete for Phase ITA and not yet underway for Phase IIB. Recommended Improvement: Provide additional drainage improvements to consist of underground pipe system. - 9 - COMMUNITY DEVELOPMENT BLOCK GRANT POLICY STATE14ENT AND SUPPLEMENTAL CIP ACTION PLAN ITEM # 28941 (Continued) Justification: Seatack Phase I Street Improvements Project (Norfolk Avenue and adjacent Seatack Streets) were completed in 1985. An open ditch drainage system has been designed for the two remaining phases of Seatack (IIA and IIB) due to: (1) reduction in CDBG funds available and (2) neighborhood's location in the high noise zone of Oceana Naval Air Station. Standard street improvements are not recommended since these would tend to promote new residential and possibly higher density development on the vacant land located in the high noise zone. It is also recommended that the widening of Birdneck Road from the Railroad tracks to Bells Road be constructed simultaneously with this project, as was originally intended, except that local revenue sources be utilized for Birdneck Road improvements. The total additional funds required for implementation would be approximately $1,56o,ooo. As the NEWSOME FARM Street and Drainage Project will require $750,000 in CDBG funds in the upcoming 14th Program Year, per the approved CIP, the total additional funding required for target neighborhood capital projects, as recommended in the next three years, is $2.31-MILLION. Given the anticipated reduced level of future CDBG funding of an average of 3 percent per year, it is recommended that general funds be allocated to target neighborhood capital projects over the next years through the CIP process. The contribution from the General Fund towards some of the recommendations will restore CDBG Funds that were expended on the following Capital Projects in the past which had a more general public purpose: Pleasure House Road, Norfolk Avenue, Seatack Fire Station and the Suffolk Wells. Councilwoman McClanan requested a closer examination of the drainage in NEWSOME FARM. Councilman Perry advised in GRAGETOWN the City has already removed 1,000 cubic yards of dirt. Councilman Perry further referenced the manual AMERICAN PUBLIC WORKS PROPOSALS. In said manual they have offered significant data to prove curbs and gutters are more efficient than open drainage. Councilman Perry further referenced an Information Kit by the JOINT VENTURE OF AFFORDABLE HOUSING. Councilman Perry also referenced a letter dated July 28, 1982, from Samuel R. Pierce, Jr., Secretary of Housing and Community Development, relative the leverage of funds. (Said letter is hereby made a part of the record.) The City would install the infrastructure, the developers would build the housing and the developers would be charged for the infrastructure. Councilwoman Henley referenced ATLANTIC PARK and whether the Southeastern Expressway would affect this area. The City Manager advised the State has not advised of specific data alignment. Councilwoman Henley referenced a letter from the REGIONAL PLANNING GROUP expressing appreciation for the City Council's support. The City Manager advised at a recent meeting of the REGIONAL PLANNING GROUP, a request was made to consider the homeless from the standpoint of the region. This proposal received approval from the group with an agreement that the Staff investigate. The City Manager believes the individuals assumed all Council Members had adopted this approach. Councilwoman McClanan advised this proposal was originated by City Manager Hanbury of Portsmouth. - 10 - C I T Y M A N A G E R IS B R I E F I N G ADVERTISING AGENCY SELECTION 12:45 P.M- ITF14 # 28942 The City Manager introduced James DeBellis, Director of Economic Development, who in conjunction with Daniel L. Kensil, Chairman, of the ADVERTISING SELECTION COMMITTEE as well as Vice President of Human Resources at Stihl, presented information relative the ADVERTISING AGENCY SELECTION. The City Council APPOINTED the ADVERTISING SELECTION COMMITTEE commencing January 1, 1986, for a two-year term. All agencies holding Virginia Beach Business Licenses, agencies that had bid in the past and agencies that had expressed an interest were invited to Bid. There were 14 companies that responded by the August 3, 1987 DEADLINE. On August 12, 1987, the ADVERTISING SELECTION COMMITTEE met and chose seven agencies to make presentations. One agency declined and six remained. The ADVERTISING SELECTION COMMITTEE chose ARTHUR POLIZOS ASSOCIATES. ARTff[JR POLIZOS ASSOCIATES had been awarded a two-year contract to handle industrial, tourism and convention advertising effective January 1, 1983. Options to renew were exercised, consequently the contract had been in effect for five years on December 31, 1987. The Division Heads had indicated they were extremely satisfied with the work performed by the POLIZOS Agency over the period of the contract. A contract has been negotiated and executed by ARTHUR POLIZOS ASSOCIATES. Jim Debellis advised in the SOUTHERN INDUSTRIAL DEVELOPMENT COUNCIL ADVERTISING COMPETITION, the City's Industrial Division Advertising Program received two of the highest awards. Councilwoman McClanan advised of the poor quality of the VIDEOS, one was totally outdated and blurred and the other was totally ineffective in the City's OTTAWA presentation to encourage the INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS ASSOCIATION to choose Virginia Beach for their 1993 CONVENTION. Councilman Fentress agreed with Councilwoman McClanan relative the VIDEOS and the video prepared by the JOINT CABLE UNIT far excelled the others. Councilman Fentress was not certain, however, if the Advertising Agency had made these two aforementioned tapes. Councilman Moss suggested consideration of two different RFP'S: one dealing with advertising the Community as a place for Conventions and Tourists and the other a specialty firm that focuses on industrial recruitment. Dan Kensil and Jim Debellis advised in the BID package it was stated the bidder may elect to bid either the tourism/convention account, the industrial account or both. The City Manager will review same. - 11 - C I T Y M A N A G E R IS B R I E F I N G RESORT AREA FACADE PROGRAM 12:58 P.M. ITEM # 28943 Henry Ruiz, Administrator of the RESORT PROGRAMS OFFICE, assisted by Barry Frankenfield, reiterated the RESORT AREA FACADE PROGRAM. The City's Ordinance (Section 33-114-1) pertaining to encroaching signs, awning, marquees and similar structures requires the removal of such structures by MaY 4, 1988, unless encroachments are approved by the City Council. Recently, a firm hired by the City has developed the Resort Area Facade Program Design Guidelines, which are voluntary and which pertain to the appearance of facades of buildings in the Resort Area. The proposed ordinance would authorize and require the administration approval of awnings which conform to the design guidelines which pertain to awnings. As a condition of approval, the City Manager or his designee may attach a condition that the remainder of the facade conform with any or all of the remaining guidelines within a certain time. A review committee consisting of inspectors from Public Works, Real Estate office, Permits and Inspections, as well as the Resort Programs Office will be the team gathering information and processing applications,Weekly scheduled field inspections will be conducted as they review the applications in providing analysis and recommendations. In addition to the Ordinance, proposed DESIGN GUIDELINES have also been established. Timothy Barrow, Chairman of the RESORT AREA ADVISORY COUNCIL, advised the RAAC is very enthusiastic about the potential of this program. This would encourage the development of a unified theme. - 12 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28944 Councilman Perry advised the Federal Government has released $87-MILLION for housing and he was curious whether the City is applying for same. The City Manager advised there is some new funding available through the organizations like the CDC. The City is precluded by law from applying for some of it. There is new federal legislation and the City Staff met with the representatives from HUD and are currently trying to pursue. Councilman Heischober advised with the new TAX BILL, if certain instruments are purchased, one receives a tax-deduction through Boston Financial Corporation. They are going to issue approximately $300-BTLLION for low and moderate income housing. Councilman Heischober will be attending a Seminar relative same. ITEM # 28945 The City Manager had distributed a 1988/1989 FY OPERATING BUDGET SCHEDULE: PRESENTATION BY CITY MANAGER AUBREY V. WATTS, JR., 4:00 P-M- March 31, 1988 WORKSHOPS COUNCIL CONFERENCE ROOM 4:00 -7:00 P.M. April 14 and 21, 1988 PUBLIC HEARING 7:00 P.M April 28, 1988 RECONCILIATION WORKSHOP COUNCIL CONFERENCE ROOM 4:00 - 7:00 P.M. MaY 3, 1988 FIRST READING: May 9, 1988 SECOND READING: May 16, 1988 Dates and locations will be firmly established at a later date. - 13 - ITEM # 28946 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, February 29, 1988, at 1:30 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 - 14 - ITEM # 28947 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 14ATTERS: 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. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest of the governmental unit would be adversely affected. 4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council agenda that may be discussed in Executive Session are the following: III-F-3. and III-G.l. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. 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 - 1 5 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL March 7, 1988 2:18 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, March 7, 1988, at 2:18 P.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 Councilwoman Reba S. McClanan left the meeting to attend a Funeral. INVOCATION: Reverend Mark Miller Beachgrove United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 16 - ADOPTION OF ITM Item III-D.l. ITF14 # 28948 Councilman Balko advised he wished to sponsor SAM HOUSTON for an item under UNFINISHED BUSINESS. Item III-D.2. ITEM # 28949 Councilman Moss requested an item be added under UNFINISHED BUSINESS. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 17 - Item III-E.1 MINUTES TTEM # 28950 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED the MINUTES of the INFOR14AL & FORMAL SESSIONS of February 29, 1988. 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 Absent: Reba S. McClanan - 18 - Item IV-F.l. RESOLUTIONS/ORDINANCES ITEM #28951 Wade Kyle, Administrator of the Waste Management Division of Public Works, accepted with appreciation the Resolution on behalf of the 183 employees in the bureau. Wade Kyle advised there has been an 81% reduction in Workman's Compensation Claims since 1984 due to this automated collection service rather than manual. The City Manager encourages and supports innovative ideas and deserves much of the credit. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Resolution recognizing and commending Aubrey V. Watts, Jr., City Manager; C. Oral Lambert, Jr., Director of Public Works; and P. Wade Kyle, Administrator of the Waste Management Division of Public Works, for their outstanding efforts on the Automated Collection System. 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 Absent: Reba S. McClanan I A RESOLUTION RECOGNIZING AND 2 COMMENDING AUBREY V. WATTS, JR., 3 CITY MANAGER; C. ORAL LAMBERT, JR., 4 DIRECTOR OF PUBLIC WORKS; AND P. 5 WADE KYLE, ADMINISTRATOR OF THE 6 WASTE MANAGEMENT DTVTSION OF PUBLIC 7 WORKS, FOR THEIR OUTSTANDING 8 EFFORTS ON THE AUTOMATED COLLECTION 9 SYSTEM 10 11 12 13 WHEREAS, on April 1, 1985, this Council approved the 14 "Automated Collection System" which was to be implemented by the 15 Waste Management Division of the Department of Public Works; and 16 WHEREAS, Phase I (16,000 houses) and Phase II (21,000 17 houses) have been successfully completed; and 18 WHEREAS, Phase III (18,000 houses) is now successfully 19 underway; and 20 WHEREAS, it is projected that by May of 1988 there will 21 be 55,000 households serviced by the Automated Collection System; 22 and 23 WHEREAS, Workers Compensation claims have been reduced 24 by 81.5% since 1984/85; and 25 WHEREAS, as a result of the Automated Collection 26 System, the Waste Management Division is able to forego the need 27 for temporary manpower services while providing more opportunity 28 for existing employees to take annual leave that has been 29 accumulated over the years; and 30 WHEREAS, a report dated February 5, 1988, shows that 31 the Automated Collection System is more highly productive per 32 employee than under a manual collection system; specifically that 33 an automated collection crew averaged 344 tons per month as 34 compared to 84 tons per employee on the manual collection system 35 or a 310% increase in productivity; and 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 That the Council of the City of Virginia Beach hereby 39 recognizes and commends Aubrey V. Watts, Jr., City Manager; C. 40 Oral Lambert, Jr., Director of Public Works; and P. Wade Kyle, 41 Administrator of the Waste Management Division of Public Works, 42 for their outstanding efforts on behalf of the Automated 43 Collection Systems; efforts which have ensured that this system 44 is a success due to the fact that the System is substantially 45 more productive than the manual collection system. 46 Adopted by Council of the City of Virginia Beach on 7 March 47 this day of 1988. 48 49 50 51 52 53 54 55 JAS/ih 56 02/29/88 57 CA-02601 58 (\ordin\noncode\collection.res) A," V @l @j CIT) 2 - 19 - Item IV-F.2. RESOLUTIONS/ORDINANCES ITEM # 28952 Giles Dodd, Assistant City Manager for Administation, advised the Minibonds are registered bonds and therefore the original owner retains the ownership. Councilman Fentress referenced it should be made apparent these bonds cannot be used as collateral. Giles Dodd advised this will be distributed in the material forwarded to the public. With City Council's concurrence, the administrative fee will be $20 per bond for putting them back to the City at the end of the first or second year after purchase. At the end of the third year, the bonds will have matured and there is no fee. Upon motion by Councilwonan Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution authorizing the development of MINIBOND program. 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 Councilwoman Reba S. McClanan returned to the City Council Meeting at 2:35 P.M. RESOLUTION TO AUTHORIZE THE DEVELOPMENT OF MINIBOND PROGRAM WHEREAS, the City Council of the City of Virginia Beach, Virginia, on November 23, 1987, directed the City Manager and the Department of Finance to proceed with the planning for an issuance of minibonds in an amount not to exceed $2,000,000, which sale shall be not more than 90 days after the sale of general obligation bonds of the city; and WHEREAS, the City Manager and the Department of Finance, in conjunction with the City's financial advisors and bond counsel, have developed a minibond program, which has been presented to Council on the date hereof; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager and the Department of Finance proceed with the final plans for the issuance of minibonds in an amount not to exceed $2,000,000, including obtaining printing services for bond certificates, offering documents and publication literature, advertising the minibond sale and such other actions in furtherance of the minibond sale which are deemed appropriate by the City Manager and the Department of Finance. Adopted by the Council of the City of Virginia Beach on the 7 day of March 1 1988. - 20 - Item IV-F-3 RESOLUTIONS/ORDINANCES TTEM # 28953 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 33-114.2 authorizing and requiring administrative approval of Encroachments by Certain Awnings. 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 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING A NEW 4 SECTION 33-114.2 AUTHORIZING AND 5 REQUIRING ADMINISTRATIVE APPROVAL 6 OF ENCROACHMENTS BY CERTAIN AWNINGS 7 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That the Code of the City of Virginia Beach, Virginia, 13 is hereby amended and reordained by adding Section 33-114.2 to 14 read as follows: 15 16 Section 33-114.2. Administrative approval of encroachments by 17 awnings. 18 19 (a) Notwithstanding the provisions of section 33-114.1 20 of this code, the city manager or his designee shall, and is 21 hereby vested with the authority to, approve the encroachment, 22 upon or over any public street, of any awning which conforms to 23 the design guidelines pertaining to awnings set forth in the 24 Resort Area Facade Program Design Guidelines of this city, dated 25 February 29, 1988 and hereby approved and incorporated by 26 reference herein, and which complies with all applicable zoning 27 and building codes, regulations and standards. 28 (b) Such approval may be conditioned upon the 29 conformance of the building facade to which such awning is 30 affixed or appended with the aforesaid design guidelines, or any 31 one or more of such design guidelines, within such period of time 32 as the city manager or his designee may specify. In the event 33 such building facade shall fail to so conform within the period 34 of time specified, such awning shall be deemed to be an unlawful 35 encroachment subject to the provisions of section 33-114.1 of 36 this code. 37 (c) For purposes of this section, the term "street" 38 shall be defined in accordance with section 1-2 of this code. 3 9 4 0 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 7th day of March 1988. 42 43 WMM/epm 44 02/22/88 45 02/29/88 46 03/01/88 47 CA-2590 48 ordin\proposed\33-114-2.pro API 2 RESORT 4RE4 f4C4PE PROOR44f I - --- -.J- pesl,gn 09uialelines City .. of.Pitginl'a Reach February 29, 1988 I INTRODUCTION The following design guidelines have been developed for the City of Virginia Beach by Philip A. Shaw and Associates; and, Planning Design Resources/Morton B. Gulak of Richmond, Virginia. Tbe guidelines have been reviewbd by representatives of the Resort Area business community through a process of public worksilops and presentations. In addition, the guidelines have been reviewed by members of the Resort Area Advisory Commission and City departments including Zoning and Permits, the City Attorney's Office, Public Works/Real Estate, and the Resort Programs Office. Through the review process a variety of recommendations and revisions have been incorporated in the guidelilies. The guidelines are intended to assist resort businesses in improving the appearance of commercial properties, and therefore, improving the economic vitality of the resort area. lUtSORT AREA FACADE PROGRAM DESIGN GUIDELlt4ES VIRGIN-LA BRACII, VIRGINIA PIIRPOSE The program of improvements to the Resort Area commercial district is intended to maintain its economic position and attraction to future consumers. The process to accomplish this program is complicated and requires many components to achieve its purpose. Urban design, one of the components, can achieve drainatic results through simple reliabilitation of building facades. The following guidelines establish a uniforiii approach to facade improvements through an overall design ttieme for Llie Resort Area. By foltowilig tilese guidelines, property owners and merchants will improve the appearance of their individual building and the entire area as well. SCOPE These desigii guidelines apply to commercial buildings directly adjacent to the public right-of-way in the Resort Area as delineated by the boundaries of the Beach Borough. GENRRAL DESIGN FE&TURES The following are 'the design features that are important to producing a cohesive shopping environment in the Resort Area and providing an identity for individual facades; SCALE - the relationship of buildings and their parts to hwnan size and perception. R@ - the pattern of repeating elements such as individual facades or signs that exist on each block. PROPOWrION - the proper fit of building parts and the overall facade (windows, doors, roofline and decorative trim) to each other. MATERIALS - the facade materials in relation to the original facade design and construction and to neighboring facades. COLOR - colors should respect the building's architecture, be coordi- iiated along each block and create a mood for the street. Actions are necessary by each building owner to transform these design features into a quality shopping district. These actions may be minor involving only paint, a sign or an awning, or major involving tiie restoration of the entire storefront. Each action, no matter what scale, when guided by these guidelines will help to make the area into a more coherent shopping district. FACADE DESIGN GUIDELINES 1. RETAIN AND RESTORE THE ORIGINAL STOREFRONT WHERE POSSIBLE Tiie original storefront was designed to present that business in an attractive manner througli a coordination of scale, proportion and alignment of its features. Restoration of this design, in most cases, will reestablish the building's scale and character and expose the original design relationships. Painting, removing later additions to the facade or adding trim or other elements can also achieve the restoration of the intended design statement. 2. HACH S'ROREYRONT SIIOUI.D BE IDFMRIFIABLE Additions to facades over time and renovations that include two to three storefronts within one design exist in sections of the Resort Area. These are confusing to shoppers when trying to locate the entrance to a particular business. Color and design should be used to properly identify each storefront and reestablish the rhythm of facades along the street. 3. EXPOSE ORIGM" WINDOW AND DOOR OI'ENINGS Orice ttie original olieniiigs for storefront windows and doors are restored, tHe proper proportions of the facade will be more clear. Where this is not possible, due to later construction or the present type of business, efforts should be made to identify these openings with paint or applied trim. 4. AVOID ARTIFICIAL NATERIALS THAT DO NOT FIT WITH THE ORIGINAL DESIGN IbFFENTIONS Materials that are artificial to the original design, construction and materials present a confusing identity to visitors. Aluminum si.ding, for example, is a residential material alid does not fit in a commercial district. The use of wood, brick, stucco and glass is appropriate but should be designed to fit with the lines for the facade and its urban setting. 5. REMOVE EXTRANEOUS MATUIAL FROM TIIE FACADE Unused sign mounting brackets, old metal clips, utility boxes, obsolete pipes, vents and, if possible, front air conditioners should be removed to cleaii-up the facade and prevent rust stains and mortar deteriora- tion. 6. REMOVE SIGNS TIIAT DO NOT FIT WITH THE DESIGN CIIARACTER AND PROPORTIONS OF 'ME FACADE Signs can provide a level of distiiictive identity to the Resort Area. Their design should be compatible with the building and storefront in addition to identifying the nature of the business. Individuality and image are encouraged within a framework of quality. Sign color, material, size and sliape should reinforce tlie proportions of the facade and be coordinated with other features of the building. Signs sbould be legible, clear, attractive, placed logically and not obscure openings or building details, and be constructed of durable materials. Generally, signs should be indirectly lighted. Sel.f-illuminated signs should not be more intense than neighboring signs so tliat all signs are visible to shoppers. This guideline sliould be used in conjunction with the City of Virginia Beacli's new sign ordinance. Signs allowed iinder this ordinance along with the guideline will create a pattern of coherence and quality along Atlantic Avenue. 7. PLACE BOITOH OF SIGNS Kr ELEVEN FEET FROH SIDEWALK GRADE A strong sense of cohesiveness and order is achieved wlien signs are aligned to establish a visual base line on the street. The eleven foot placement will provide an easily identifiable location for shoppers to look for a particular business and reduce confusion. Individuality is encouraged in sign shape since a whole block will become unified through this element. When placement of signs is not possible at eleven feet, city staff will recommend placement and notify zoning officials of their recommendations. 8. ENCROAC@S SilOtllD BE KLIPT TO A MINIMUM Fixed, rigid frame awnings may be placed over facade openings if needed for sun or weather protection. Awnings should be designed to comple- ment the architectural features of the facade and not overwhelin the building or the street. Signs on awnings are encouraged but will be coiisidered a portion of the building sign allotment. A maximum of six inch letters sliould be used on awning signs. Recommended size of awnings is: Width - 85% of the front footage of the facade (recomniended), the awning is not to extend to the property line or edge of the face of tlie buil.ding. Extensions - three feet I)eyond the face of the facade (maximum) Bottom Height - eight feet six inches above the sidewalk grade (minimum) with an additional eight inches allowable for a valence. There may be unusual. situations where the reconimended awning width and lieiglit niay not be possible, iii those situations it is important to ensure tbat the awning dimensions are compatible with the adjacent buildings and awnings. The attached list of recommended awning colors should be used to coordinate awnings with other colors on the street. NOTE: Approval for encroachments in the public way is required for awnings recommended in this guideline. Many of the resort area buildings include facade elements which overhang the public right-of-way, these elements iiicl.ude roofs, canopies, awnings, marquees. Encroachments for these elements may be considered based on the followilig criteria: Original Part of Structure - overhanging elements must be an integral part of tlie original building structure. The encroaclmient applicant is responsible for providing appropriate information relating to the design, and construction specifications of the overhanging elements. Unreasonable D,m-ge - overhanging elements should be per- mitted only if the property owner can demonstrate tlie removal would cause unreasonable damage to tbe building. Overhaiiging eleinents or portioiis of the elements should not be permitted based on the following criteria: Signs - no signs allowed on overhanging elements except as identified in tlie awning guidelines. Visual supports - overhangs supported by cables and other structural supports which are visible from the exterior of the building are not permitted. Dimensions - w.Ldtli, bottom height, and extension should comply witti the awning dimensions outlined above. In some cases compliance with the recommended dimensions may be modified and permitted based on structural and or design consistency, considerations for public safety, and coordination with adjacent building. 9. LIGIIT TNTERIOR OF STOREFROITR WINDOWS AND NOT THE EXTERIOR OF THE FACADE Lighting of interiors beliind the storefront glass reduces and allows displays to be visible from tile outside. Interior lighting can also improve security by making activities visible from the outside. fnterior lighting is a geiieral recojwneridation and n6t necessarily appropriate for all busiiiess(,s, liowever, all retail display windows should be adequately lighted from interior sources. A consistent level of exterior lighting along each block should be implemented. Exterior lighting should emphasize signs and the top of facades from eleven feet to the roofline of bilildings. Until the time that pedestrian level lights are installed, exterior lighting of buildings may be pernii.tted as foll.ows: Mounting - exterior lights should be flush mounted and not extend more than 12" (twelve) inches maximum from the face of the building facade. Direction - no more than 50% of the illumination of the lights should fall on the face of the building. Number - flush mounted lights are not to exceed three (3) for each twenty feet of building frontage. Awning lighting - lights beneath the awnings for the purpose of backlighting tlie awning or storefront entry lighting may be permitted. Perimeter ligbting - nonpulsating, white, perilneter lights outlining only awnings and the building rooflines will be permitted. Adjacent or connected buildings should be encoLiraged to coordinate this type of lighting to facilitate a unified and consistent treatment of building facades. 10. USE COLORS FROM 'nM RECOMMENDED COLOR SCHEKE FOR ATLANTIC AVENUE FOR PAIlTrING FACADES AND BIJILDING PArrS. Colors should compliment the architectural facade and be compatible witli adjacent buildings. Color combinations on each facade should be limited to three colors: an overall base color and two accent colors. Side and rear walls should avoid liarsh shifts from the facade colors. The attached list of recommended colors should be used to produce a complimentary series of facades on each block and a consistent mood throughout the shopping district. Colors will be reviewed for compatibility with adjacent properties and overall conformity with the intentions of the facade program. Uiiusual or special situations my occur which will require a flexible interpretation of the color recommendations. ii. TWO STORY FACADES SHOULD FOUOW THESE GUIDELINFS FOR IMPRO S These guidelines are intended for two story buildings with activities on the second floor as well as for one story buildings. Buildings with three or more floors should apply these guidelines to first floor co[nmercial frontage and to the rest of the building as appropriate. 12. MAINTAIN BUILJ)INGS PROPFRLY Facades of buildings sliould be iiiaintained to prevent sLrLictural deterioration of materials aiid an tinsightly appearance. Eacli facade stiould be inspected and evaluated to determine the effects of weather on tlie condition of materials. Proper maintenance includes the following facade elements: Masonry (brick, stone, terra cotta... ) requires periodic cleaning to remove surface dirt and grime. Water or gentle chemicals should I)e used. Sandblasting is not recommended. Paint on masonry should be replaced every two to five years to preserve the quality of the color and the surface finish on the facade. Repainting to replace washed out mortar or repair cracks should be mixed to match the color and consist- ency of the existing mortar. Wood should be repainted every two to five years. Rotted or damaged pieces should be replaced in a manner as to conceal their installation. Parapet walls and copings should be repaired and restored to their original size and shape. The joint at the intersection of the roof and parapet should be properly flashed and sealed to prevent water from entering the building. Roofs should be repaired, if leaking, and gutters, downspouts and flashing repaired or replaced. Storefront windows and caulking should be replaced, if needed, and drip sills set at the top and bottom of windows to prevent water from flowing behind surface materials. Weep holes should be opened at the base of facades if there is an indication of water behind the surface. Metal surfaces should be cleaned gently to remove loose or peeling paint and all corrosion in preparation for painting. Prime surfaces with an appropriate rust inhibitor and then paint with an oil base paint. RESORT AREA FACADE PROGRAM VIRGINIA BEACH, VIRGINIA Recommended Paint Colors Color Number Manufacturerl Base Colors: Bedford Blue 4070 Pittsburgh Coral Tan 3250 Tawny Coral 4252 Clay Basket 3611 Autumn Mist 2536 Appalachian Fern 3428 Trim Colors: Colony Red 4187 Grotto Green 4039 Valley Forge Green 7428 Black Umber 7613 Sonoma Grape 4073 Slate Mill 3751 Recommended Awning Col.ors2,3 Salmon 4627 Sunbrella Aquamarine 4623 Beige 4620 True Brown 4621 Sky Blue 4624 I Manufacturers names are for color reference only. The selected color does not have to be from the planned manufacturer. 2 Acrylic fabric is recommended, however, canvas is permitted as specified in the Statewide Building Code (BOCA). 3 Two combinations of these colors are reconunended as are white or another neutral color with an approved color. h 6> 10 F-11 'I -'. --L - I 1 lr\@IIAIR / @@/vTor@ @TO@@@KORf rrOr6r@ION/2 i - I 2 @@@ @ior@rrcNT @HouLv M --IPeNTlFlAf2Le, I I I 3 @xro@ OKI@(@AL or-tN[A@ I .11 t - I 4 @VolP A@Tlrl@AL MA7@KIAL@ I Z" c [i . 11 I ". I -; 5 @FMOV@- @@TrA@EV012MAT@IAL C3 -t 617 1-21(74 FOrON71(2N ANL? LO@ATION ET: N=@ N u= _, AZ t%l . -- @@tOK I @Lvr, Z I I I 10 K@clommc-@PED .1-@O@CK @k@M@ I =L ) -4 8-. 9 LI@RT l@T@rm O@ @Tc@rr\ck@ w[Hr)ow/2 I - 21 - Item IV-F.4. RESOLUTIONS/ORDINANCES ITEM # 28954 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing and directing the City Manager to enter into a contract with Arthur Polizos Associates, Inc. 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, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None 1 2 AN ORDINANCE AUTHORIZING AND 3 DIRECTING THE CITY MANAGER 4 TO ENTER INTO A CONTRACT WITH 5 ARTHUR POLIZOS ASSOCIATES, INC. 6 7 WHEREAS, the Advertising Agency Selection Committee has 8 been charged with the responsibility of recommending an 9 appropriate agency to prepare such advertising and public 10 relations services as may be necessary to promote tourism, 11 conventions, and industrial development in the City of Virginia 12 Beach; and 13 WHEREAS, appropriate public notices were placed in 14 newspapers of general circulation, and, additionally, agencies 15 who had expressed interest in performing this work were solicited 16 by direct mail; and 17 WHEREAS, after reviewing and evaluating written 18 proposals and oral presentations from various agencies, the 19 Advertising Agency Selection Committee has chosen to recommend to 20 the City Council that the advertising contract for industrial 21 development, tourism, and convention advertising be awarded to 22 Arthur Polizos Associates, Inc.; and 23 WHEREAS, the City Council of the City of Virginia 24 Beach is of the opinion that the contract should be awarded in 25 accordance with the recommendation of the Advertising Agency 26 Selection Committee; 27 28 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 1. That the City Manager is hereby authorized and 31 directed to enter into the agreement between Arthur Polizos 32 Associates, Inc. and the City of Virginia Beach so that Arthur 33 Polizos may perform such advertising and public relations 34 services as may be authorized and required pursuant to the 35 agreement. 36 37 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, this 7i@ day of March , 1988. 40 41 42 KJC/dhh 43 02/29/88 44 CA-2602 45 ADVERTISING.ORD AP op.rA 2 - 22 - Item IV-G.l. CONSENT AGENDA ITEM # 28955 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED in ONE MOTION, Items 1, 2, 3 a/b/c/d, 4 and 5 of the CONSENT 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 *Verbal Aye - 23 - Item IV-G.l. CONSENT AGENDA ITFM # 28956 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council ADOPTED, AS CORRECTED*: Ordinance directing the City Attorney to publish legal notice pursuant to Section 24.1-36 of the Code of Virginia, reference adjustment of the common boundary at Moore's Point. *On line 24 the Ordinance incorrectly stated " ... Section 24.1-136 of the Code of Virginia". Same has been corrected to state " ... Section 24.1-36 of the Code 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 *Verbal Aye 1 AN ORDINANCE DIRECTING THE CITY ATTORNEY TO 2 PUBLISH LEGAL NOTICE PURSUANT TO SECTION 3 24.1-36 OF THE CODE OF VIRGINIA 4 5 6 WHEREAS, on January 19, 1988, this Council approved a 7 certain ordinance entitled "AN ORDINANCE AUTHORIZING AND 8 DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT CONVEYING 9 CERTAIN PROPERTY TO THE CITY OF VIRGINIA BEACH; TO OBTAIN A 10 RELEASE OF CERTAIN DEED RESTRICTIONS; AND TO ADJUST THE BOUNDARY 11 LINE BETWEEN THE CITIES AT MOORE'S POINT" whereby the Council 12 directed the City Manager to make the necessary legal 13 arrangements to adjust the common boundary in the East Oceanview 14 Area generally referred to as Moore's Point; and 15 WHEREAS, as an incident to the aforesaid boundary 16 change it is necessary that the City of Virginia Beach amend 17 Section 10-2 of the code of the city of Virginia Beach by 18 amending the map of the election districts as delineated on a 19 certain map prepared by the Planning staff and captioned 20 "ELECTION DISTRICTS"; and 21 WHEREAS, prior to such amendment, the City of Virginia 22 Beach is required to publish notice of such change for two 23 consecutive weeks in order to comply with the requirements of 24 Section 24.1-36 of the Code of Virginia. 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 That the City Attorney is hereby directed to proceed 28 with publication of notice as required by Section 24.1-36 of the 29 Code of Virginia. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the 7 day of March 1988. 3 2 3 3 3 4 3 5 36 37 38 39 40 JAS/ih 41 03/01/88 42 CA-2603 ARTMENT 43 G:\ORDIN\NONCODE\PUBNOTICE.ORD APPROVED AS TC) LEGAL SUTFICI@,N - 24 - Item IV-G.2. CONSENT AGENDA ITEM # 28957 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing temporary encroachment into a portion of city property known as a pump station site at Lynnhaven Parkway and Viking Drive to Life Savings Bank, FSB, their assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council @lembers 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 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS PUMP 7 STATION SITE AT LYNNHAVEN 8 PARKWAY AND VIKING DRIVE 9 TO LIFE SAVINGS BANK, 10 FSB, THEIR ASSIGNS AND 11 SUCCESSORS IN TITLE 12 13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent 16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 17 amended, Life Savings Bank, FSB, their assigns and successors in 18 title are authorized to construct and maintain a temporary 19 encroachment into City property known as pump station site at 20 Lynnhaven Parkway and Viking Drive. 21 That the temporary encroachment herein authorized is 22 for the purpose of allowing and maintaining an existing roof 23 overhang; and that further Life Savings Bank, FSB will allow the 24 City a temporary encroachment to use a portion of the property of 25 Life Savings Bank, FSB for the purpose of allowing and 2t-) maintaining an existing encroachment by the foundation structure 27 of the pump station and that said encroachment by Life Savings 28 Bank, FSB shall be constructed and maintained in accordance with 29 the City of Virginia Beach Public Works Department's 30 specifications as to size, alignment and location, and further 31 that such temporary encroachment is more particularly described 32 as follows: 33 34 An area of encroachment into a 35 portion of City property known as 36 pump station site at Lynnhaven 31, Parkway and Viking Drive and an 38 area of encroachment into a portion 39 of property of Life Savings Bank, 40 FSB of the foundation structure of 41 the pump station, both as shown on 42 that certain plat entitled: 43 "ENCROACHMENT PLAT OF PARCEL 54 44 OCEANA WEST INDUSTRIAL PARK M.B. 45 179 PG. 11 & 12 FOR LIFE SAVINGS 46 BANK LYNNHAVEN BOROUGH, VIRGINIA 47 BEACH, VA. JUNE 25, 1987,11 a copy 48 of which is on file in the 49 Department of Public Works and to 50 which reference is made for a more 51 particular description. 5 2 53 PROVIDED, HOWEVER, that the temporary encroachment 54 herein authorized shall terminate upon notice by the City of 55 Virginia Beach to any officer of Life Savings Bank, FSB, their 56 assigns and successors in title and that within ninety (90) days 57 after such notice is given, said encroachment shall be removed 58 from City property known as pump station site at Lynnhaven 59 Parkway and Viking Drive and that Life Savings 60 Bank, FSB, their assigns and successors in title shall bear all 61 costs and expenses of such removal. 62 AND, PROVIDED FURTHER, that it is expressly understood 63 and agreed that Life Savings Bank, FSB, their assigns and 64 successors in title shall indemnify and hold harmless the City of 65 Virginia Beach, its agents and employees from and against all 66 claims, damages, losses and expenses including reasonable 67 attorney's fees in case it shall be necessary to file or defend 68 an action arising out of the location or existence of such 69 encroachment. 70 AND, PROVIDED FURTHER, that this ordinance shall not be 71 in effect until such time that Life Savings Bank, FSB, executes 72 an agreement with the City of Virginia Beach encompassing the 73 afore-mentioned provisions. 74 Adopted by the Council of the City of Virginia Beach, 75 Virginia, on the 7th day of March 19 88 76 77 78 JAS/ih 79 08/17/87 80 11/12/87 ARPROVED AS TC) CC)NTENTS 81 01/08/88 82 CA-87-02402 83 (encroach\life.ord) SIGNATURE DEPA,,IMENT 'f@, @ LI@GAL 2 @7- THIS AGREEMENT, made this Z/ day of 19 J'F' by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and LIFE SAVINGS BANK, FSB, THEIR ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to allow and maintain an existing roof overhang to remain in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such roof overhang, it is necessary that the said party of the second part encroach into City property known as pump station site at Lynnhaven Parkway and Viking Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such roof overhang within a portion of City property known as pump station site a Lynnhaven Parkway and Viking Drive. WHEREAS, it is proposed by the party of the first part to maintain an existing foundation structure of the pump station into the property of the party of the second part. WHEREAS, in constructing and maintaining such foundation structure, it is necessary that the party of the first part encroach into the property of the party of the second part; and the party of the first part has requested that the party of the second part grant a temporary encroachment to facilitate such foundation structure. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the first part and to the party of the second part, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the party of the first part hereby grants to the party of the second part a temporary encroachment to use a portion of City property known as pump station site at Lynnhaven Parkway and Viking Drive for the purpose of allowing and maintaining such roof overhang; and the party of the second part hereby grants to the party of the first part a temporary encroachment to use a portion of the property of the second part for the purpose of allowing and maintaining such foundation structure of the pump station. It is expressly understood and agreed that such temporary encroachments will be allowed and maintained in accordance with the laws of the Commonwealth of Virginia anci the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, aligrunent and location and is more particularly described as follows, to wit: An area of encroachment into a portion of City property known as pump station site at Lynnhaven Parkway and Viking Drive and an area of encroachment into a portion of property of Life SavingS Bank, FSB of the foundation structure of the pump station, both as shown on that certain plat entitled: "ENCROACHMENT PLAT OF PARCEL 54 OCEANA WEST INDUSTRIAL PARK M.B. 179 PG. 11 & 12 FOR LIFE SAVINGS BANK LYNNHAVEN BOROUGH, VIRGINIA BEACH, VA. JUNE 25, 19871" a copy of which is attached hereto and to which reference is made for a more Particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized by the party of the first party shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within ninety (90) days after such notice is given, such temporary encroachment shall be removed from City property known as pump station site at Lynnhaven Parkway and Viking Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of City property encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless 3 the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenaiice oz construction of any encroachments other than that specified herein. It is further expressly understood and agreed that the party of second part will permit the party of the first part to continue an existing temporary encroachment of underground foundation structure into their property until such time as the temporary encroachment herein authorized by the party of the first part shall terminate. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk DEPARTM@4T AS TC) LE 4 '@U,7ilCIENCY AL\,ID CITY A,Tr,@ LIFE SAVINGS BANK, FSB By William J. F,esi (SE'L) ATTEST: Emily-F. Steele, Secretary (Title) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the _ day of 19 _, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the _day of 19 -, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Deborah L. Bihler a Notary Public in and for the City and State aforesaid, do hereby certify that William J. Fanney President (Title) on behalf of Life Savings Bank, FSB, whose name is signed to the foregoing writing, bearing date the day of . @.4-1 @A leY 1 19 FF , has acknowledged the same before me in my City and State aforesaid. Given under my hand this -21st day of J@iiiuilry 19 88. L Notary Public My Commission Expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Deborah L. Bi.hler a Notary Public in and for the City and State aforesaid, do hereby certify that Emily E. Steele secretarv (Title) on behalf of Life Savings Bank FSB, whose name is signed to the foregoing writing, bearing date the z day of L) y, 19 has acknowledged the same before me in my City and State aforesaid. Given under my hand this 21st day of January 1988. Notary Public My Commission Expires: JAS/ih 08/17/87 11/12/87 01/ 0 8 / 88 CA-2402 (encroach\life.agr) 7 lo@,W/@ av -/,ry ////////////777'77 -4@--i /Z ZYIV.VIVAIM Aew /-f TOR y VleINITY A,4P BUILDIA16 N@ r.T. A A L//ZZ/////@l/l/A ,OY@114AI-I (7Y^ 4 -IZIZITILITY &-SM7 M.B. 131 @. 9 -5.4 I IT 41,5. 17-9,-6.11- -3' 41rlZ / 7- Y @)V DB 1"8 @ 43 -A"IN,4L IJ',OYLFIIAV6 0 48',4,frA a-,4,60YC LYNNH,4Y,EN PAeA,W,4Y RIW) @&- D--7,41L A S@E @7411- ff .33, w@ r Yl--w @,-FlaV 4 -,4 YL--YI @,41L W@7- lAlo@,r@14Z We@ AI,6 11-ale Zl@ IY ,41AI,WIIZV all YlfSIVI4 Y4 .IZIN@ z@, 1987 Langley and McDonald ENGiNEERS PLANNERS - SURVEYORS VIRGINIA BEACH - WILLlAU39Uf4G. VINGIMIA - 25 - Item IV-G.3.a/b/c/d. CONSENT AGENDA ITEM # 28958 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council ADOPTED: ORDINANCES UPON SECOND READING: ACCEPT and APPROPRIATE $96,691 additional State funding for the Virginia Beach Community Diversion Project. ACCEPT and APPROPRIATE $50,000 for the replacement of the heating and air conditioning system at KEMPSVILLE GREENS GOLF COURSE. ACCEPT and APPROPRIATE $40,713 for Salary Merit Increases in the Sheriff's Department. ACCEPT and APPROPRIATE $50,333 for one additional Deputy II position in the City Treasurer's Office and five additional Correctional Officer Positions in the Sheriff's Department. 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 CONTENT, 'A AN ORDINANCE TO APPROPRIATE ADDITIONAL STATE FUNDING FOR THE VIRGINIA BEACH COMMUNITY DIVERSION PROJECT WHEREAS, the Community Diversion initiative was established by the State of Virginia Department of Corrections as a mechanism for diverting "non-violent" offenders from incarceration, and WHEREAS, the number of offenders diverted from the court system was initially budgeted at 25 State Felons and 351 Misdemea,ants, however the client services have greatly exceeded budgeted diversion goals for the first half f th, year, estimated for the 1987-88 is 40 State felons and 596 Misdemeanants, and WHEREAS, the Adult Community Corrections Division of the Virginia Department of Corrections has increased the funding allocation to the Virginia Beach program by $96,691 to compensate for the increased number of div,r,ions. WHEREAS, these additional funds will be used for contractual support s,-rvices for the Community Diversion program and to hire three full-ti,, caseworkers and one part-time clerk-typist. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, that the additional $96,691 be appropriated to support the activities of the Virginia Beach Community Diversion Initiative program and to establish three ftill-time caseworker positions and one part-tlme clerk-typist. This will bring the total grant award from the state to $658,709 for the 1987 - 1988 fiscal year. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Seventh day of March 198i5. First Reading February 29, 1988 Second Reading March 7. 1988 1- z z 0 z AN ORDINANCE TO APPROPRIATE FUNDS FOR THE REPLACEMENT OF THE HEATING AND AIR CONDITIONING SYSTEM AT KEMPSVILLE GREENS GOLF COURSE S, the present heating and air conditioning system at the Kempsville Greens Golf Course is twenty years old, and WHEREAS, various repairs have been attempted since the City took over operation of the course in FY 1986-87, but there was no effective air conditioning in the building during the Summer of 1987, and W@EREAS, the replacement of the system is necessary for continued use of the buildings at the Golf Course for recreational purposes, and WHEREAS, a cost estimate of $50,000 has been received to completely replace the system, and WHEREAS, sufficient funding for the project is available in the Retained Earnings of the Golf Course Enterprise Fund. NOW THEREFORE BE IT ORDAINED, that $50,000 be appropriated from the Retained Earnings of the Golf Course Enterprise Fund to replace the heating and air conditioning system at Kempsville Greens Golf Course. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Seventh day of March 198Z. FIRST READTNG February 29, 1988 SECOND READING March 7, 1988 APPP.OV,@ )TO CONTENT. ", @@ l@ AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $40,713 FOR SALARY CT,_ ,E H MERIT INCREASES IN T E SHERIFF'S DEPARTMENT WHEREAS, the State Compensation Board funds the salaries paid to a majority of the positions in the Sheriff's Office; and WHEREAS, the State Compensation Board has established salaries that include merit increases for certain positions funded in the Sheriff's Department effective January 1, 1988; and WHEREAS, the State Compensation Board has allocated an additi al 1 $40,713 for the merit increases for the period January 1 through June 30, i988; and WHEREAS, the city funds a portion of the fringe benefits for these positions, and the related increase in fringe benefits of $2,342 can be absorbed in the current budget with no increase in city-funded appropriations necessary for the merit increases. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA that funds in the amount of $40,713 be approprialed for the merit increases. BE IT FURTHER ORDAINED THAT the revenue from the cormnonwealth be increased by $40,713 to offset this expenditure. First Readinggebruary 29, 1988 Second Reading: March 7, 1988 Adopted by the Council of the City of Virginia Beach, Virginia on the Seventh day of March 1988. 1 BLG ORD32.PAD @T@AENT AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOLTNT OF $50,333 FOR ONE ADDITIONAL DEPUTY II POSITION AND FIVE ADDITIONAL CORRECTIONAL OFFICER POSITIONS WHEREAS, the Treasurer and the Sheriff appealed the original budget approved by the State Compensation Board for Fy 1987-88; and WHEREAS, the State Compensation Board has proposed to settle the appeal by approving one additional deputy II position for the Treasurer's Office, and five additional correctional officer (C-7) positions for the jail; and WHEREAS, the Treasurer and the Sheriff desire to accept this proposal from the State Compensation Board; and WHEREAS, the annual salaries of the deputy treasurer 11 and correctional officer positions are $16,167 each, effective from date of employment; and WHEREAS, it is anticipated that the State will provide additional funds in the amount of $50,333 for salaries through June 30, 1988; and WHEREAS, the city funds a portion of the fringe benefits for these positions, and the related increase in fringe benefits of $4,125 can be absorbed in the current budget with no increase in city funded appropriations necessary in FY 1987-88. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that one deputy treasurer II position and five additional correctional officer positions be approved and that funds in the amount of $50,333 be appropriated for these positions. BE IT FURTHER ORDAINED THAT the revenue from the Commonwealth be increased by $50,333 to offset this expenditure. I First Reading: February 29, 1988 Second Reading: March 7, 1988 Adopted by the Council of the City of Virginia Beach, Virginia on the Seve,,ith day of March 1988. BLG ORD31.PAD - 26 - Item IV-G.4 CONSENT AGENDA ITEM # 28959 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED: BINGO/RAFFLE PERMIT: Kempsville Elementary PTA 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 - 27 - Item IV-G.5 CONSENT AGENDA TTEM # 28960 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council ADOPTED: Ordinance Authorizing License Refunds in the amount of $1,208-94 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, 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 FORM NO, C.A, 8 REV 3,b. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Dr. Edwin A. Schoen T/A Beach Pet Hospital 744 oriol Drive Virginia Beach, Virginia 23451 1985-87 Audit 305.38 305.38 Thad A. Broom Architects & Plan 5200 Shore Breeze Court Virginia Beach, Virginia 23464 1985-86 Audit 160.93 160.93 Certified as to Payment: @o@ert P. Vaug-han Commissioner of the R6venue to form: J. Dale bimson/' @7( City Attorney 7 This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $466.31 were approved by the Council of the City of Virginia Beach on the 7 day of March .19 88 Ruth Hodges Smith City Clerk FOFIM NO C A, 8 FIEV@ &W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Benetide, Inc. Clo Mr. Richard Cohen 205 34th Street Apt. #1415 Virginia Beach, Virginia 23451 1986-87 Audit 176.26 176.26 Sol W. Cohen T/A Sol W. Cohen Architect 620 East Olney Road, 2nd Floor Norfolk, Virginia 23510 1985-86 Audit 65.92 65.92 Cool Change, Inc. T/A Emack & Bolios 1719 Greenfield Drive Richmond, Virginia 23235 1986-87 Audit 261.57 261.57 Certified as to Payment: Commissioner of e Revenue @@prpved a@to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $503.75 were approved by the Council of the City of Virginia Beach on the 7day of March '19 88 Ruth Hodges Smith City Clerk FOfiM NO. C.. B REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Glomar, Ltd. T/A VIP Hairstyling By Gloria 5180 Virginia Beach Blvd. Virginia Beach, Virginia 23462 1985-87 Audit 118.88 118.88 Stephen A. Hicks T/A Certified Handling 4708 Little John Road Virginia Beach, Virginia 23455 1987 Letter 90.00 90.00 Zada Pearl Rhodes 3753 Starlighter Drive Virginia Beach, Virginia 23452 1987 Letter 30.00 30.00 Certified as to Payment: @-obert P. Vaud-han Commissioner of the R J. Da-le Bimson@'o City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2 3 8 . 8 8 were approved by the Council 7 March 88 of the City of Virginia Beach on the- day of '19 - Ruth Hodges Smith City Clerk - 28 - Item IV-H.l. APPOINTMENTS ITEM # 28961 ADD-ON Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the MEDICAL COLLEGE OF HAMPTON ROADS: Dr. Charles P. Fletcher (for a 3-year term from 6/1/85 to 5/31/88) 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 - 29 - Item IV-H.2. APPOINTMENTS ITEM # 28962 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the PERSONNEL BOARD: Constantine A. Spanoulis (for the unexpired term of James A. Evans through 10/31/90) 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 - 30 - Item IV-I. UNFINISHED BUSINESS ITEM # 28963 Sam Houston, representing the elderly, distributed copies of the FINANCIAL WORLD edition of January 12, 1988, and emphasized the article entitled "SNAKE PIT" commencing on page 14 relative runaway health-care costs. Within FINANCIAL WORLD are contained articles from the American Bankers Association criticizing many of the rules and regulations that govern banks. Sam Houston also distributed articles from THE VIRGINIAN-PILOT/LEDGER STAR entitled "TREASURY'S TASK: Don't let economy unravel before election" and "Candidates Split on Economics." (Said articles are hereby made a part of the record.) Sam Houston advised Social Security is financially sound and up to the year 2010, will contain in the Trust Fund $4-1/2-TRILLION. - 31 - Item IV-I.2 UNFINISHED BUSINESS ITEM # 28964 ADD-ON Councilman Moss referenced the Meeting relative the SOUTHEASTERN EXPRFSSWAY, on Wednesday, March 9, 1988 in Chesapeake. Corrections on the MASTER PLAN have been made and more will continue to be made because the traffic counts are so dated. As the City proceeds along the path related to the SOUTHEASTERN EXPRESSWAY and investigates what interchanges wished to be developed now and in the future, perhaps the City should consider updating those traffic counts and how that might impact the City's position concerning the SOUTHEASTERN EXPRESSWAY, the Interchanges and secondly the roads feeding those Interchanges. The City Manager is preparing a briefing in the near future related to traffic impacts and staffing issues associated with providing the best traffic data. As the NOTICE was very short, City Council suggested the State Highway Department display courtesy by providing more adequate notice of meetings related to the SOUTHFASTERN EXPRESSWAY in the future. - 32 - Item IV-K.1 ADJOURNMENT ITEM # 28965 Upon motion by Councilman Fentress and BY ACCLAMATION, City Council ADJOURNED the Meeting at 3:00 P.M. Bevere 0. Hooks Chief Deputy City Clerk ,Ruth HodEres Smith, CMC "-bert d. City Clerk Zyor City of Virginia Beach Virginia