DECEMBER 7, 1987 MINUTES
(2it c3f L3@tA@li
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G JONES, A@ L,@,@
VICE MAYOR MEYERA E. OBERNDORF, A, L.,,,
A@ERT W BAL.KO, L,.@h-,@ @@,h
JOHN A. BAUM, BI-k..- @@,h
ROBERT E. FENTPESS, Vi,i@i@ &.,h B-.,h
HAROL.D HEISCHOBER, A@ L,,g,
BARBARA M HENLEY, P@,,@ B,.@,h
REBA S. MCLANAN, P@@,. A@- @@.gh
JOHN D. MO@, K,.,@iii, @-lh
NANCY K PARKER, A@ L,@g,
JOHN L. PERRY, B@,id, B-.gh
281 CITY HALL BUILDING
MUNICIPAL CENTER
--S, J.., Ci,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
@N, Cil, @ (804) 427 4303
R- HO-. -@H, CM@l-, .@ C@
D@ 7. 1987
ITEM I. CITY Is - 03nferenoe Rxm - 11:00 AM
A. Judicial @n@,
ITEM ii. SESSICK - Conference Rocm - 11-15 AM
A. CITY CCUNCIL CONCERNS
SESSICN - ence Rxm - 11:30 AM
A. CRLL TO CRDER - Mayor Rcbert G. Jones
B. BOILL CAILL CP CajkUTY,
C. TO ON
IUM IV. FO@ SESSICt4 i]. Chmber - 2:00 Pf4
A. INVOCATION: RLv@erid ailly R. @ttcx
First (2iLxch of GDd of Virginia Beach
B. PLEDGE OF ALLEGIANCE To THE FIAG cF THE uNi= STATES OF @ICA
C. ELBCTFONIC ROLL CALL cF CITY CWLuiL
D. ADOPTION CF ITFM FOR THE FORMKL AG@
E. S
1. INFOMU & FO@ SESSIOWO - NovEmber 23, 1987
2. JOINT SESSION WITH @HOOL BOARD AM RBLIC HEARILZ - Nu7@er 30,
1987
F. PRESENTATION
1. C@SION ON AOCREDITATION FOR LAW @OICEMENT @IES
tlr. Kenneth H. Medeiros, a@ulive Director
G. PROCIAMATION
1. DRUNK AND DRUGGED DRIVING AWARENESS WEEK I)ecErnber 13-19, 1987
H. PUBLIC HEARIM
1. Proposed Charter @e to @ @ction 2.02 of the (bde of the
City of Virginia Beach pertaining to @foming signs and
billboards.
2. Authoriz-ation for iss@ of Gerieral Cbligation Bonds in the
m@irni-m anourit of $B-million fcr @, Highway and Bridge Purposes.
I. @c
1.
a. ICN BY COURR @ application of Mary Frances,
Melvin and Peter My y for a Change of zonirig
frcm AG-2 Pgricultural District to 0-1 Office Distr,ict on the
@st side of C-eneral- 1300th lbulev@, 810 feet more or less
North of Ped Fill BDLftevard (2008 General Eboth BDulevard) ,
aDntaining 1.59 acres (Primess Anne Borough) .
Denied by City (buicil March 9, 1987
b. Petition of s E. and Naricy C. White for the
discontinuance, closure and abaidoment of a pc)rtion of
Marshview Drive begimim at the SDuthern boundary of Pceser,7e
Ikive and runn3.ng in a SDutherly direction a distatice of 100
feet, parcel is 50 feet in width, contaixiing 5000 squwe feet
(Lynnhawen Ibrough) .
Deferred by City CbLncil June 1, 1987, for 18D days pending
fulfillxnent of conditions.
@ccmmendation of a-aff: AdditiOrkll 90-My Deferral
c . Pp@ication of @@tees, e ty Chapel United
Me st Church for a (bridit-ional Us- Pemit for a church on
Lot 1 r., Section 1 @ at the SDuth@st and @rth@st
intersections of @dpiper lbad and B:)nita Lane on Lots86-90,
Secti.on 2, @act C, ridge @ach, containing 1.62 acres
(Princess Pnn@, BDroLigh) .
Rec@ndation: WITMRAML
d. Ppplication of B & L @ Body' Im. T/A B & L Service
of Virginia for a CbrditiDnal Use Pemit for a bulk stcrage
ya.rd at the Northeast corner of SDuthern BDulevard and Dorset
Aven@ (120 Dorset A7enue) , containing 2.409 acres (Bayside
@ough)
Pe ation:
e. Ppplication of ve, Inc., T/A Tread r. fo r
a (b@itional Use Permit for an uto repair facility (munting
& balarcirig tires7 o-n property located on the Vbst side of
General Iboth BDulevard, 1000 feet @rth of Dam @ck @ad,
ciontaining 8. 1 acres (Pri@ess @ Borough).
Pecommendation: @IAL
f. Ppplication of Lester E. Waliams fx)r a Variance to Section
4.4(d) of the Subdivision ordinarre pertainin-g to direct access
to a public street on Froperty located at Southern
extrEmity of lynn Cbve lbad (Lynnhaven Bc)rough) .
ReccnTnerdation: AP
g. Ppplication of L. L. and Shirley Eli Liv@ fDr a
Ch@e of ZDning fran B-1 Busiriess Pe@ential District to B-2
CaTmmity-Busimss District on the Vbst side of SDuth Military
Highuay, 840 feet mcre or less 9Duth of Dyer Place (701 South
Military High@y) adntaining 1.8249 ar-res (KEmps7ille
Borough).
Deferred by City GbLncil oz!tdber 26, 1987
Rec@ndation: DENIAL
h. Ppplication of Ihe Breeden 03mpany for a Chcmge of ZDning frcm
AG-2 Ajricultural District to B-2 Carmmity-Business District
on rroper-ty loca on the SDu@east corner of North @stown
lbad and Princess Pnne lbad, containing 8.48 acres (Princess
Anne Borough).
@ccmmendation:
J. ONS
1. Fasolution requesting the General Assembly to AMEND Section 2.02 of
@ Charter of the CLty of Virginia Beach by AMING a slbsection
empo%ering the City to make reasonable prcvision for the
@za,tim of nonoonfo signs and billboaxds.
2. Pesc)lution endorsing the City of Virginia @ach 1988 @islative
Proposals and lxesenting sane for consideration to the 198B
Virg:inia General Assembly.
K. ORD
1. ordinaice upon WMING authorizing the issuance of General
abligaticn Bxds of the City of Virginia @ach, Vi@inia, -in the
meximun anolnt of $8-44illion for road, hig@y and bridge purpc)ses;
AND,
ordinaice upon REM@ to and APPMPRIATE $8-million
for road, y and bridge s as a result of voter apr-roval
of the $8-Million lbad Ibn-] Aithority Peferer)dLrn (NovErnber 3,
1987).
2. Crdinmce upon WMING establishing the Tax lievy on @al
@te for Tax Fiscal Year 1989, effective Jul-y 11 1988, at $0.915
per $100 Assessed Val@.
3. Crdinance to AMEND and RBO@ @ction 21-116 of the (bde of the
City of Virginia Ibach pertainirig to windshield tirrting/ -
Deferred by CLty CbLyicil tbvember 2, 1987.
4. Oidinance to @ and Section 23-50 of the Code of the
City of Virginia Beach pertaining to accumlations of trash,
garbage, etc., and @ssive of weeds or grass.
Daferred by City (buncil NDvErnber 23, 1987.
5. OLdinarice tc) AKMO Sections 4-85, 4-86, 4-87, 4-87.1,
4-87.2, 4-88, 4-89, 4-90, 4-91, 4-92, 4-92.1, 4-92.2, 4-93 and 4-94
of the Code of the City of Virginia Bear-h pertaini@ to bingc) games
aid raf fl es.
L. CONSENT AGENIDA
All matters listed under the Cbnsent Pg@a are considered in the
ordinary course of business by City (burr-il and will be enacted by one
niotion in the form listed. If an item is rencyed frcin the (2Dnsent
Agen-la, it will be discussed and voted updn separately.
1. Crdinaice to TRANSEER $B5, 000 frcm ty Development Block
Grant Funds to rro7ide for full acquisition costs for the Grace@
Street and Drairiage Project.
2. Crdincmce authorizing aid directing the City Ma-nagEr to execute a
-]d ess Agr@ with Ticor Title Insurance y relatirig
to the HAee Inlet Dredg@ Project.
3. Ordin@e authxizing and directing the City Manager to execute a
Deed of @tion betueen the C.Lty of Virginia ihach and the
of the City of V@inia Beach pertaining to vacating a 20-
foot drainage easernent on the site of El@tary scbool.
4. Oydinarr-e to authorize a temporary e t into a port ion of
the right-of-way of 12th Street to the e M3tel, its assigns
ard sl=esscrs in tit-Le.
5. Ordinance to authorize a ary e into a pdrtion of
the right-of-%ay of llth Street to J. RLcholac)n and
Elicenia B. Ni@sm, their heirs, assigns cnd strcessors in
title.
6. ordinances authori@ license refunds in the anoult of
$15,612.27.
7. C)rdinaice authorizing tax refunds in the anolnt of $714.64.
8. ordinance authorizing special tax refund in the anount of $71.15.
M. APPO
ARTS AND TIES @ION
TY SERVICES
IAND CF GOMWRS
CCMISSION
SCHDOL BOARD
SEVAMP Board of Directors
TIDEKkTER DETENNON HCHE
@INIA BEACH EEVEIDFMENT OOP.PORATICN
N. UNFINISHED BUSINESS
1. C@TY I-EVELOEMENT -
able Driver, President@acetow-i Civic and Joseph Lee
(Sponsorei by CDmcilmcm Jbhi L. Ferry)
0. N&I BUSINESS
1. Literim Finmcial gtaternent f3Dr the peridd of July 1, 1987 thro@h
octcber 31, 1987
P. ADJCURNMENT
CI'IY COUNCIL SESSICNS
D 28, 1987
- 10 -
Item IV-E.1
MINUTES ITEM # 28503
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council APPROVFD the MINUTES of the INFORMAL & FORMAL SESSIONS of December 7,
1987, as AMENDED and CORRECTED:
Councilman Balko referenced Item # 28454, Page 23, Application of LFSTER E.
WILLIAMS for a Variance to Section 4.4(d) of the Subdivision Ordinance
pertaining to direct access to a public street.
The Condition ohall be AMENDED to state:
1 . A 39-F.@'
fteeeo
tl@-ont-a
@ma -it@ouiyc+/--@Tat--Les-t@r
E. l@ al- i-ig!il Uo uttliz@ @2i@
oft-t@-pla@e-xrf-ID1@e
bl@i,@.@copy-of@@autharizatian-ir-@e
ftlud-vith the City Clerk to--be made-a@t--of--tl@
-P-,-@,rg s -
1. The applicant shall connect his easement to the
30-foot private road adjacent to his property and
not to the public street connecting to the 30-foot
private road.
Page 10, ITEM # 28443, MINUTES of November 23, 1987 and November 30, 1987.
The following shall be corrected to insert Vice Mayor Oberndorf's statement:
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 23,
1987, and the JOINT SESSION WITH SCHOOL BOARD AND PUBLIC HEARING of November
30, 1987. Vice Mayor Oberndorf advised as a part of the motion Councilwoinan
Parker's concern be reflected to include the fact that the intent of A
Resolution requesting the Board of Zoning Appeals to Affirm the Determination
for the Zoning Adniinistrator Pertaining to the Need for Variances for the
Relocation of Certain Billboards Located on VirFinia Beach Boulevard (ADOPTED
@y City Council on November 23, 1987), was not to give blanket approval of any
variances, but that it would be pursued, if necessary, further by the City
staff on behalf of the City Council.
Counci-lwoman Parker further referenced and advised, the OPPOSITION had not been
listed in the MINUTES relative the Public Hearing of a Proposed Charter Change
pertaining to nonconforming signs and billboards. A CORRECTED copy of this
page is hereby made a part of the proceedings for City Council to insert in
their MINUTES of December 7, 1987:
ITEM # 28446, page 13, PUBLIC HEARING: Proposed
Charter Change to AMEND Section 2.02 of the Code
of the City of Virginia Beach pertaining to
nonconforming signs and billboards.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 7. 1987
The JUDICIAL CENTER BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Robert G. Jones, in the Conference Room, City Hall Building, on
Monday, December 7, 1987, at 11:00 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss and Nancy K. Parker
Council Members Absent:
Vice Mayor Meyera E. Oberndorf (ENTERED: 11:10 A.M.)
John L. Perry (ENTERED: 11:05 A.M.)
John A. Baum (ENTERED: 12:17 P.M.)
- 2 -
CITY tiANAGERIS BRIEFINGS
JUDICIAL CENTER
11:00 P.M.
ITLT,i # 28433
The City Manager introduced Dav-@ld Grochmal, Director of General Services,
relative the design of the proposed JUDICIAL CENTER.
David Grochmal advised i-n July, City Counc4@l APPROVED the Second Phase of the
Architectural Design for the Judicial Center, the schematic phase. The
architect has been co-ordinating various aspects of t,iat contract. The r-iost
important of which is the schematic layout, the elevations and renderings o@-
the architectural concept for the building. David Grochr@ial introduced the
Architect, Wiley Cooke, to present the desig-q.
The total cost of $23 MIIJION has been addressed wliich encompasses $2-MILLION
of site work and $21-MILLION for the building. Wiley Cooke referenced a model
on bhe table of the Council Conference Room@ depicting the proposed center and
the design on the easel. The entrance to the Cour@@ Building has been
identified on the west side. The model depicts a three-story building, a four-
story buildin.@ and a five-story building. -Ihe east side o@- the bui@@din., is a
courtyard @-or the building and for the c@-rculation. Each bui-lding is tied
together with horizontal circulation and there are elevators in eacli of the
buildings. The final design has 263,000 sauare feet and encoripasses 24,000
square feet of shell space. In the major building, shell space has beeli
designed for the Circuit Court 9.nd General District Court for the year 2010.
The Juvenile Building as referred to is on the north atid is off Princess Anne
iload, with its own entrance, drop-off end judges parking. Wiley Cooke depicted
the locatioi of the tunnel between the Jail and the -Uourt Building. The Tunnel
she.11 enter the ground floor of th-- Courts Building. The extension of the
Ferrell Parkway will be a major feeder into this building from@ the west. Wiley
Cooke advised handicat)ped parking ,ill develop as tlie s!-te plan develops and
depicted the handicapped access on the schema-uic. The first floor of the
facility is the hi.,h volume area. The Architectural style shall be compatible
with the surrounding buildings. The interior court yard shall be more
contemporary, more open in feeling takin@ advantage of techiology and would
like t.Ilis desi,.n to be less formal. Ililey U-ooke advised the CIP reflected a
$30-MILLION project which includes buildiig costs. Actual construction and
site work is $23-MILLION.
Night Courts are utilized in other portions of the country, but not in the
State of Virginia. Councilman Heischober advised this subject had been brought
up previously by former Councilman Jennings and a study developed wiiich
indicated the 0 and M of a @light Court outweighs fron a cost basis, the
physical plans of expansion.
- 3 -
TTEM # 28434
The COUNCTL COliCERNS SESSTON of the VTRGINIA BEACH CITY COUNCIL was called
to order by Ifiayor Robert G. Jones, in tlie Conference @.,Ioom@, City Hall Bui-lding,
on ',Ionday, December 7, 1987, at 11:25 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. lienley, 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:
John A. Baum
- 4 -
C ON C E R N S OF T HE M A Y 0 R
ITEM # 28435
Mayor Robert G. Jones advised the Establi @ ent of a MAYOR'S TASK FORCE ON THE
CITY'S APPEARANCE. The Mayor will forward the list to City Council (Said list
and Goals of the 14AYORIS TASK FORCE are hereby made a part of the record.)
Bartow If. Brid.,es, Jr.
Chairman
Arthur L. Collins
Douglas J. DuCharme
D. Denlis Dufll
Shirley Elstrodt
Jeanne Evans
Joan Ifiayes
H. Jack Jeiinings
Victoria Matheny
John Y. Richardson, Jr.
Edmund C. Ruffin
Grover C. Wriglit, Jr.
5
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28436
Councilman Perry referenced an Ordinance to TRANSFER $85,000 from Community
Development Block Grant Funds to provide for full acquisition costs for the
Gracetown Street and Drainage Project. (See Item IV-I.1 of the CONSENT AGENDA).
Councilman Perry inquired as to the utilization of the funds. The City Manager
advised the funds would be for the purchase of some property. There were some
properties so close to the road that the property owners decided to convey the
entire parcel to the City. As these three individuals are being impacted by
the road, and in the process of developing this project it appeared to be
appropriate for the City to simply acquire said properties and compensate
them for same. The City Manager displayed a map depicting these areas. There
have been negotiations relative this situation for some time.
Further information will be made available during the Formal Session of the
City Council Meeting.
ITEM # 28437
Councilman Fentress referenced an Ordinance authorizing and directing the City
Manager to execute a Hold Harmless Agreement with Ticor Title Insurance Company
relating to the Rudee Inlet Dredging Project. (See IV-1.2 of the CONSENT
AGENDA).
Councilman Fentress inquired whether this title policy would be beneficial to
the Corps for future sand replenishment that Tqight come from off-shore as well
as the Rudee Inlet. The City Manager concurred and advised without this Title
Policy, the City would not be able to move ahead with the Beach replenishment.
ITE14 # 28438
Councilwoman Henley referenced an Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of llth Street to J. Thomas
Nicholson and Elicenia B. Nicholson, their heirs, assigns and successors in
title. (See Item IV-L-5- of the CONSENT AGEqDA). This encroachment entails
installation of a split rail fence and a gazebo on Old Forge Road.
Councilwoman Henley advised a number of years ago, City Council made
individuals dismantle said encroachments. Councilwoman Ilenley wondered if this
was now being relaxed.
This item will be pulled for separate discussion.
- 6 -
IT:@i # 28439
The INFORMAL SESSION of the VIRGINIA BEACH CITY COuliCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Moiiday,
December 7, 1987, at 11:40 A.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heiscliober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor lleyera E.
Oberndorf, Nancy K. Parker aild John L. Perry
Council Members Absent:
John A. Baum
- 7 -
ITEM 4 28440
Mayor Robert G. Jones entertained a notion to Dermit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purdoses:
1. PERSON14EL MATTERS: Discussion or consideration of employnent, assigntqent,
appoint,qent, promotion, performa,-ice, demotion, salaries, disciplining or
resignation of public officers, appointees or etflployees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for Dublic purpose, or of the
disposition o" publicly held property, or of plans for the fu@lure of an
institution which could effect the value of property owned or desirable
for o,,,nership by such institution.
3. LEGAL 14ATTERS: lonsultation 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 ol- business on the City Council agenda that may be
discussed in executive session are the following: I-l.a.
Upon motion by Councilman Balko, seconded by Councilman Perry, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara @,l. Henle,,, Ma5,or Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, llancy K. Parker and Jolin L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- a -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCI'L
December 7, 1987
2:15 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, December
7, 1987, at 2:15 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. McClana-,i, John D. '4oss, Vice Mayor
Meyera E. Oberndorf, Ilancy K. Parker and John L.
Perry
Council !4embers Absent:
None
INVOCATION: Councilman Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
ADOPTION OF ITa4S
Itei.q V-D.l. ITE'@ll 28441
Councilwoman McClanan a@.,id Councilman l@loss advised they had ADD-ON Ite,,ns
under NEW BUSINFSS.
Item V-D.2. IT7@ll 28442
The City Clerk referenced the Ordinance to authori.ze a temporary encroachment
into a port!-on of the right-of-way of llth Street to J. Thomas Nicholson and
Elicenia B. Nicholson, their heirs, assigns and successors i,,l title. (See
Item IV-L-5- of the CONSENT AGENDA).
This item will be pulled for discussion.
- 10 -
Item IV-E.1
MINUTES ITFM tjr' 28443
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November
23, 1987, and the JOINT SESSION WITH SCHOOL BOARD AND PIJBLIC HEARING of
November 30, 1987.
Councilwoman Parker referenced her concern relative Item #28413, Page 36:
A Resolution requesting the Board of
Zoning Appeals to Affirm the Determination
for the Zoning Administrator Pertaining to
the Need for Variances for the Relocation
of Certain Billboards Located on Virginia
Beach Boulevard.
Although the Resolution was ADOPTED, and the vote reflected correct,
Councilwoman Parker advised she understood the intent but the actual verbiage
did not reflect the intent. Councilwoman Parker advised the verbiage reflected
if the Board of Zoning Appeals APPROVES the Granting of the Variances, then the
City Council would go along with that and thereby this would close the door for
the City Council relative a-'Iy court appeal.
Councilman Baum referenced ITEM # 28391, CITY COUNCIL CONCERNS, and advised he
wished to discuss this "TRANSFER OF DEVELOPMENT RIGHTS" under UNFINISHED
BUSINESS. Councilman Baum did not believe any condensation of discussion in the
INFORMAL SESSION had any validity legally. This should be for information
purposes. Councilman Baum did not believe Staff should take action on the basis
of discussion in the INFORMAL SESSION. Decisions of items of importance
relative the RURAL ARFA should be itemized on the FORMAL AGENDA. Councilwoman
Henley advised the CONSENSUS of City Council was to have the City Staff develop
a scope for a project, a study, which would then have to come to the City
Council for FOR@IAL action relative appropriation of funds and awarding the
contract.
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
Item IV-F.l.
PRESENTATION ITF!4 28444
The City Manager presented Ch4lef Wall, introduced Kennet.,-q Medeiros, Executive
Director, Comiqission on Accreditation for Law Enforceient Age.'Icies.
Kennetli Medeiros PRESENTED the Mayor with a Certificate attesting the
Departnent is now an accredited police agency. Kenneth Medeiros expressed
recognition to Chief Charles R. Wall and his Accreditation Manager George R.
Notel. There are 908 standards that are involved in the Accreditation Process.
Virginia Beacli Police Department complied with 837. The Virginia Beach Police
Department made formal application in November 1985 aiid @rom that period until
August 1987 conducted a self-assessment process to be in compliance with the
applicable standards. This was followed by an on-site visit of a tealq of
,Drofessional peer law enforcement adyainistrators w3lo verified the Virginia
Beach Police Depart-ment was indeed i-ii co@npliance. Tn addition, the Police
Department continues to support the Accreditation Effort and is one of 56 law
enforceLien-@ agencies worldwide since The Commission now has applicants fro,,n
outside the United States. Virginia has 11 law enforcement agencies who have
achieved this goal.
Kenneth Medeiros also presented CERTIFICATES of ACHIEVEMENT to Chief Charles
R. Wall and Accreditatio,,i Manager George R. Nortel.
1 2
Item IV-G.l.
PROCLAMATION ITEM # 28445
Mayor Jones PROCLAIMED the week of December 13-19, 1987 as:
DRUNK AND DRUGGED DRIVING AWARENESS WEEK
Councilr.qan Heischober read the PROCLAMATION. This PROCLAMATION advised last
yea,r 492 people (29% of the total highway fatalities) died in Virginia due to
alcohol-related crashes, and 15,838 were injured. Of the 140,544 total crashes
in Virginia in 1986, 19,944 (over 14%) were alcohol-related. 52 Teenagers age
15-19 were killed in alcohol-related fatal crashes, a 30 percent increase from
1985, and 1,410 were injured. This PROCLAMATION urged all citizens be
responsible to themselves and each other by making a "Designated Driver" the
"One for the Road".
WHEREAS, this year marks Virginia's fifth annual Drunk and Drugged
Driving Awareness Week scheduled to coincide with the national
observance; and
WHEREAS, this year's theme is "First a Friend Then a Host,"
with emphasis on the "Designated Driver"; and
WHEREAS, the "Designated Driver" agrees to stay sober and drive
others home safely, which is a true expression of a caring friend; and
WHEREAS, last year 49 2 people (29% of the total highway
fatalities) died in Virginia due to alcohol-related. crashes, and 15,838
were injured; and
WHEREAS, of the 140,544 total crashes in Virc@inia in 1986, 19,944
(over 14%) were alcohol-related; and
WHEREAS, 16-24 year olds represent only 18 percent of licensed
drivers in Virginia and were involved in approxiinately 50 percent of
all fatal alcohol-related crashes; and
WHEREAS, 52 teenagers age 15-19 were killed in alcohol-related
fatal crashes, a 30 percent increase from 1985, and 1,410 were injured;
and
WHEREAS, drinking and driving costs Virginia an estimated
$274,691,600 annually based on the National Safety Council's cost
estimates; and
WHEREAS, 43,509 people were arrested for driving under the
influence in 1986 and 88 percent were convicted;
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia
Beach, do hereby proclaim December 13-19, 1987 as
DRUNK AND DRUGGED DRIVING AWARENESS WEEK
in Virginia Beach and urge all citizens be responsible to themselves
and each other by making a "Designated Driver" the "One for the Road."
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the City of Virginia Beach, Virginia, to be affixed this
seventh day of December, nineteen hundred and eighty-seven.
Robert G. Jones
Mayor
- 13 -
Iter,i V-F.l.
PUBLIC HEARING ITEM # 28446
Mayor Robert G. Jones DECLARED A PUBLIC HEARING:
Proposed Charter Change to AMFND Section 2.02 of
the Code of the City ol- Virginia Beach Pertaining
to nonconforming signs and billboards.
The following spoke in support of the Proposed Charter Change:
Bartow Bridges, 557 Longleaf Road, Phone: 422-5222, and advised of a
Memorandum from the Federal Highway Administration reiterated State and Local
Government may require a Billboard coripanv to conply with stricter sign and
'qeight restrictions even if the perialty for failure to comply is uncompensated
removal.
Lou Pace, 1908 ilunts Neck Court, Phone: 468-0925, was in favor of the renoval
of Ordinances.
The following spoke in OPPOSITION:
Jerry Llaneza, Virginia Natural Gas - 5100 Virginia Beach Boulevard East,
Norfolk 23502, Phone: 446-5520, Chairman for Local Issues and Ordinances
Coinmittee of the Hampton Roads Chamber of Commerce, and presented a statement
to City Council. (Said Statement is hereby made a part of the record.)
Stan Stollings, 2432 Blueeastle, Phone: 486-3412, Principal of Cardinal Sign
ComDany.
Laura Zambardi, 2852 Shearwater Cove Phone: 340-9046, represented Adams Outdoor
Advertising.
There being no speakers Mayor Robert G. Jones CLOSED the PUBLIC HEARIliG.
- 14 -
Item IV-H.2.
PUBLIC HEARING ITEM # 28447
Mayor Robert G. Jones DECLARED a PUBLIC HEARING:
Authorization for Issuance of General Obligation
Bonds in the maximum amount of $8-Million for Road,
Highway and Bridge Purposes.
The City Manager advised relative the Highway Bond issue, it was apparent the
funds set aside for the South Independence Boulevard Project were significant
and the City will not be able to utilize that entire amount prior to the
Capital Improvements Projects Adoption next summer. The City Manager requested
the right to retain the option to return to City Council relative options for
engineering work and other highway program work necessary; i.e, around the
Municipal Complex.
There being no speakers, the Mayor CLOSED the PUBLIC HFARING.
1 5
Item IV-I.
PLANNING ITEM # 28448
Mayor Jones DECLARED a PUBLIC HF.ARING on:
PLANNING
a. MARY FRANCES, MELVIN HARTLEY CHANGE OF ZONING
AND PETER RAY HARTLEY RECONSIDERATION BY COURT DECREE
b. CURTIS E. AND NANCY C. WHITE STREET CLOSURE
c. SANDBRIDGE COMMUNITY CHAPEL UNITED CONDITIONAL USE PERMIT
METHODIST CHURCH
d. B & L AUTO BODY, INC. CONDITIONAL USE PERMIT
T/A B & L TOWING SERVICE OF VIRGINIA
e. KIMMEL AUTOMOTIVE, INC. CONDITIONAL USE PERMIT
f. LESTER E. WILLIAMS VARIANCE
g. L. L. AND SHIRLEY ELIZABETH LIVERMAN CHANGE OF ZONING
h. THE BREEDEN COMPANY CHANGE OF ZONING
- 16 -
Item IV-I.l.a.
PUBLIC HEARING
PLANNING ITEM # 28449
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised this matter is in litigation. City Council had approved
a similar application contingent to this piece of property (ABBEY HORWITZ),
but DENIED this application on November 3, 1987.
The following spoke in OPPOSITION:
Bruce Beiderman, adjacent resident, 2153 Agecroft Road, Phone: 427-6811,
requested the Agreement stipulate "limited professional usage". Bruce
Beiderman was most adamantly opposed to the usage for a day care center.
John Grandfield, 1317 Warner Hall Drive, represented the Red Mill Civic League,
Princess Norris, 2161 Agecroft Road, Phone: 427-6578
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, President of Hunt Club Forest
Civic League,
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of MARY FRANCES, MELVIN HARTLEY AND PETER
RAY HARTLEY for a Change of Zoning:
ORDINANCE UPON APPLICATION OF MARY FRANCES, 14ELVIN
HARTLEY AND PETER RAY HARTLEY FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-1
Z012871192
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA
Ordinance upon application of Mary Frances, Melvin
Hartley and Peter Ray Hartley for a Change of
Zoning District Classification from AG-2
Agricultural District to 0-1 Office District on the
east side of General Booth Boulevard, 810 feet more
or less north of Red Mill Boulevard. Said parcel is
located at 2008 General Booth Boulevard and
contains 1.59 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
1. The trees at the rear of the property shall remain,
if possible. If not possible, Category II screening
shall be provided along property line abutting the
residential area.
2. Office buildings for office-type use only shall be
constructed with a "colonial" design in keeping
with the Historical and Cultural District
Standards.
3. Parking lot lighting shall be low in height and
directed to the interior of the property.
4. Grantor shall construct a right turn ingress lane
from General Booth Boulevard.
5. Property shall have only one (1 ) curb cut from
General Booth Boulevard with reciprocal use granted
to the adjoining property on the North.
6. No sign shall exceed seven (7) feet in height and
shall be landscaped.
- 17 -
Item IV-I.l.a.
PUBLIC HEARING
PLANNING ITEM # 28449 (Continued)
7. All plans shall be subject to the approval of Red
Mill Homes Association prior to Site Plan Approval
8. As agreed to by the commercial property owners in
the past, landscaping shall be in accordance with
the landscaping along General Booth Boulevard (See
Ordinance upon application of ABBEY HORWITZ for a
Change of Zoning District Classification from AG-2
to 0-1 Z011861127 and Amendment to the Minutes of
November 10, 1986)
9. Design of the building shall be similar to the plan
shown to City Council on November 3, 1987, during
the application (See Ordinance upon application of
ABBEY HORWITZ for a Change of Zoning District
Classification from AG-2 to 0-1 Z011861127). Dr.
Horwitz will submit letter to the City Attorney the
week of December 7, 1987, stating he agrees to the
construction of a similar style office building on
this property.
10. Agreement, as modified, encompassing these
conditions shall be recorded with the Clerk of
Virgi,iia Beach Circuit Court and is hereby made a
part of the proceedings. On page one of the
Agreement, the word "Deed" has been replaced by the
word "Map" before the words "Book 164". On page 3,
Condition (2), the word only has been added after
the words "office-type use".
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh
day of December Nineteen Hundred and Eighty-seven.
This Ordinanace had been DENIED on March 9, 1987, and was RECONSIDERED by Court
Decree.
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
- 18 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 28450
Attorney Robert E. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested DEFERRAL as the City requires an additional 5-foot for
a utility easement and this would enable the Engineer sufficent time to redraw
the plat.
Upon motion by Councilman Balko, seconded by Counclman Fentress, City Council
DEFERRED FINAL APPROVAL for ninety (90) days until the City Council Meeting of
March 14, 1988, an Ordinance upon applicaton of CURTIS E. AND NANCY C. WHITE
for the discontinuance, clousre and abandonment of a portion of Marshview
Drive.
Application of Curtis E. & Nancy C. White for the
discontinuance, closure and abandonment of a
portion of Marshview Drive beginning at the
southern boundary of Preserve Drive and running in
a southerly direction a distance of 100 feet. Said
parcel is 50 feet in width and contains 5000 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH
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
- 19 -
Item IV-I.l.c.
PUBLIC HEARING
PLANNING ITEM # 28451
Reverend Ed Martin, Minister of the Sandbridge Coinmunity Chapel, requested
DEFERRAL due to the employment of a new architect and the submission of a
new plan.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application
of TRUSTEES, SANDBRIDGE GOMKUNITY CHAPEL UNITED METHODIST CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TRUSTEES, SANDBRIDGE
CO@IMUNITY CHAPEL UNITED METHODIST CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHURCH
Ordinance upon application of Trustees, Sandbridge
Community Chapel United Methodist Church for a
Conditional Use Permit for a church at the
southwest intersection of Little Island Road and
Bonita Lane on Lot 16, Section 1 and at the
southwest and northwest intersections of Sandpiper
Road and Bonita Lane on Lots 86-90, Section 2,
Tract C, Sandbridge Beach. Said parcels contain
1.62 acres. PRINCESS ANNE BOROUGH.
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
- 20 -
Item IV-I.l.d.
PUBLIC HEARING
PLANNING ITEM # 28452
Attorney Carlton Bennett, represented the applicant
Barry E. Rudiger, 120 Dorset Avenue, Phone: 499-3152, Peesident of B & L Auto
Body, Inc. T/A B & L Towing Service of Virginia, advised a chain link fence
had been installed and if the City were not to do any additional road widening
at the end of two years, the slotting would then have to be installed.
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of B & L AUTO BODY, INC. T/A B & L TOWING
SERVICE OF VIRGINIA for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF B & L AUTO BODY, INC.
T/A B & L TOWING SERVICE OF VIRGINIA FOR A
CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
R012871095
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of B & L Auto Body,
Inc., T/A B & L Towing Service of Virginia for a
Conditional Use Permit for a bulk storage yard at
the northeast corner of Southern Boulevard and
Dorset Avenue. Said parcel is located at 120
Dorset Avenue and contains 2.409 acres. Parts with
more detialed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. A 3-foot dedication of right-of-way along Euclid
Road to provide an ultimate four lane undivided
roadway.
3. Category I screening is required along ail street
frontage at such time as all right-of-way
improvements have been completed.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventh
day of December Nineteen Hundred and Eighty-seven.
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;
- 21 -
Item V-G.l.d.
PUBLIC HEARING
PLANNING IT&M # 28453
Julian Keith, Assistant Division Manager - Kimmel Automotive, Inc. T/A Tread
Quarters, represented the applicant
A motion was made by Councilwoman McClanan, seconded by Councilman Moss, to
DENY an Ordinance upon application of KIMMEL AUTOMOTIVE, INC., T/A TRFAD
QUARTERS, INC.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman
Fentress, to ADOPT an Ordinance upon application of KIMMEL AUTOMOTIVE, INC.,
T/A TREND QUARTERS, Said Conditional Use Permit shall be limited to a period of
two (2) years.
Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S. McClanan,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
None
- 22 -
Item IV-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 28453 (Continued)
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon applicaiton of KIMMEL AUTOMOTIVE, INC., T/A TREAD
QUARTERS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE
INC., T/A TREAD QUARTERS FOR A CONDITIONAL USE
PERMIT FOR AN AUTO REPAIR FACILITY
Ordinance upon application of Kimmel Automotive,
Inc., T/A Tread Quarters for a Conditional Use
Permit for an auto repair facility (Mounting &
balancing tires) on certain property located on the
west side of General Booth Boulevard, 1000 feet
north of Dam Neck Road. Said parcel contains 8.1
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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:
Robert E. Fentress, Harold Heischober and John L. Perry
Council Members Absent:
None
Councilman Perry requested the City Manager assure the protection of the
cemetery in the rear of the Booth Hill Shopping Center
- 23 -
Item IV-I.I.f.
PUBLIC HEARING
PLANNING ITF14 "T' 28454
Attorney Robert E. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED the application of LFSTER E. WIIJIAMS for a Variance to Section 4-4(d)
of the Subdivison Ordinance pertianing to direct access to a public street.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivisions
Ordinance, Subdivisions for Lester E. Williams.
Said parcel is located at the southern extremity of
Lynn Cove Road. Plats with more detailed
informatio,i are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The folowing condition shall be required:
1. A 30-foot private access ingress/egress easement
along the frontage of subject site may be utilized
subject to confirmation to City Council that Lester
E. Williams has the legal right to utilize the
ingress/egress easement shown on the plat exhibited
this date. A copy of this authorization is to be
filed with the City Clerk to be made a part of the
proceedings.
Voting: 7-4
Council Meribers Voting Aye:
Mayor Robert G. Jones, Albert W. Balko, John A. Baum,
Robert E. Fentress, Harold Heischober and John L.
Perry and Nancy K. Parker
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf
Council @lembers Absent:
None
- 24 -
Item IV-I.l.g.
PUBLIC HEARING
PLANNING ITEM # 28455
Rod Liverman, 701 South Military Highway, Phone: 424-4246, requested the
application be REFERRED BACK TO THE PLANNING APPLICATION, as his parent's
representative Frank Adkins was unable to attend and the situations which
the Planning Commission objected has been resolved.
OPPOSITION:
Randall J. Carrier, 3541 North Crestline Drive, Phone: 420-2116, President of
Elizabeth River Shores Civic League and cited complaints of very loud
noises from diesel trucks throughout the day and night.
Catherine C. Burke, 3425 South Crestline Drive, Phone: 420-1557, represented
Elizabeth River Shores Civic Association and Thomas Murray House Historic
Distict, and advised of the adverse effect of said application
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council DENIED Ordinance upon application of L. L. AND SHIRLEY ELIZABETH
LIVERMAN for a Change of Zoning:
ORDINANCE UPON APPLICATION OF L. L. AND SHIRLEY
ELIZBETH LIVERMAN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 TO B-2
Ordinance upon application of L. L. and Shirley
Elizabeth Liverman for a Change of Zoning District
Classification from B-1 Business Residential
District to B-2 Community Business District on the
west side of South Military Highway, 840 feet more
or less south of Dyer Place. Said parcel is
located at 701 South Military Highway and contains
1.8249 acres. Plats with more detailed information
are available in the DepartEent of Planning.
KEMPSVILLE BO,@OUGH.
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 I[. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
Item IV-I.l.h.
PUBLIC HEARING
PLANNING ITa@ # 28456
Attorney R. B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised to make this a viable site for a Shopping Genter, one
curb cut would be required on Princess Anne Road and one on Landstown Road.
The Contract Price is $1.6-mILLION.
Attorney James M. Pickrell, Princess Anne Court House, Phone: 627-8365,
represented the landowners (Ward, Dolby and Austin).
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of THE BREEDEN COMPANY for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANY
FOH A CHANGE OF ZONING FROM AG-2 TO B-2
Ordinance upon application of The Breeden Company
for a Change of Zoning District Classification from
AG-2 Agricultural District to B-2 Community
Business District on certain property located on
the southeast corner of North Landstown Road and
Princess Anne Road. Said parcel contains 8.48 aces.
Plats with more detailed information ae available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
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 D. Perry
Council Members Absent:
None
- 26 -
Item IV-J.1.
RESOLUTIONS TTEM # 28457
Councilwoman Parker distributed a copy of a letter from Assistant City
Attorney William M. Macali, relative AMORTIZATION OF NON-CONFORMING SIGNS AND
BILLBOARDS. (Said letter is hereby made a part of the record.)
Wiiliam M. Macali, Assistant City Attorney, presented information relative
Compensation for Amortization. None of the Amortization Provisions which
Attorney Macali found or those which have been considered by any Court
include more-or-less hybrid provisions between Amortization or in other words
"a grace period" and compensation. Assistant City Attorney Macali was
confident the imposition of "a grace period" is intended as a replacement for
compensation. This does not imply, however, that it cannot be done. If the
period of amortization is a resonable one, there is no reason the City
cannot add a little compensation or some amount of compensation on top of
that which would be more or less as a "windfall". The problems would occur
when the period of amortization that would otherwise be legally sufficent is
shortened because compensation is paid in addition to the amortization at the
end of the period. If the City Council were to decide to enact an
amortization Ordinance which had a grace period of a certain amount of time
plus provision for compensation to be paid at the end of that time, that
would be something novel and untested, which does not say same would not
work.
Attorney Macali advised Vice Mayor Oberndorf other alternatives utilized have
been eminent domain or condenmation. Condemnation would not require an
amortization period, but cost considerably more than amortization, thus the
popularity of amortization for "non-conforming" signs and billboards
throughout the Country. Assistant City Attorney Macali advised the value of
the sign is the amount of business same brings and the type of image it
projects. Simply because a sign is large does not mean it is better at
serving those functions than a smaller one.
Councilman Heischober advised the determining factor with respect to signs
and billboards in other areas is: Does an economic value stay in place after
the sign or billboard is depreciated? Councilman Heischober advised it had
been his determination signs have a continuing economic value and for that
reason the taking of a sign or a billboard beyond its depreciated life is a
taking without compensation and he could not support this Resolution unless
there can be factored into this Resolution that there will be an economic
value ascertained by some from.
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
ADOPTED:
Resolution requesting the General Assembly to AMEND
Section 2.02 of the Charter of the City of Virginia
Beach by ADDING a subsection empowering the City to
make reasonable provision for the amortization of
nonconforming signs and billboards.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, 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 A. Baum, Robert E. Fentress, Harold Heischober
and John L. Perry
Council Members Absent:
None
A RESOLLTRION RECUESTING THE GENERAL ASSEMBLY
TO AMFND THE CEARTER OF THE CITY OF
VIRGINIA BEACH TO EMPOWER nE CrrY TO MAKE
REASONABLE PROVISION FOR THE AMCRRIZATION
OF NDNCONFORMING SIGNS AND BILLBOARDS
WHEREAS, on Dec@er 7, 1987, in accordance with Section 15.).-835 of the
Code of Virginia, as amend@, the City @uncil of tlie City of Virginia @-ach
held a public hearing concerning a proposed arnencluent to the City Charter
pertaining to the amortization of nonconfoming signs and billboards; and,
WHEREAS, havirg given due consideration to the matter, it is the sense of
the City Cbuncil that the proposed Charter Anendment @uld benefit the citizens
of the City and should therefore be enacted.
NC)W, THEREFORE, BE rr RESOLVED, BY THE CRI'Y COUNCIL OF THE CrrY OF VIRGINIA
BEACH, VTRGINIA: That the General As@ly is hereby requested to amend Section
2.02 of the Charter of the City of Virginia Beach by adding a subsection
empowering the City of Virginia @ach to make reasonable provision for the
affnortization of nonconforming signs and billboards;
And the City Clerk is hereby directed to forward a copy of this lbsolution
to each r of the Ceneral Assanbly representing the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach this Seventh day of
Cec@r, 1987.
- 27 -
Item IV-J.2
RESOLUTIONS ITEM # 28458
Councilman Moss referenced Item 7. Commission on Transportation in the 21st
Centruy and requested increased communication with the business community
relative fiscal capacity and the City's ability to build infrasture is directly
related to the business community's ability to profit. There seems to be a lack
of understanding relative revenues. The City was not getting support from the
business community with regard to the recordation fee, as well as the impact
fee provision which is part of the Cot 21 recomendation.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Councl
ADOPTED:
Resolution endorsing the City of Virginia Beach
1988 Legislative Proposals and presenting same for
consideration to the 1988 Virginia General
Assembly.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Bauri, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold Heischober,
and John L. Perry voted a VERBAL NAY on Ttem 1
(CHARTFR CHANGES) Amortization of Non-Conforming
Signs.
Reba S. McClanan voted a VERBAL NAY on Item 9.
Funding for the Courts Building.
Council Members Absent:
None
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation concerning certain
legislative proposals; and
WHEREAS, after due consideration, the Council is of the
opinion that such proposals would be beneficial to the citizens
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the document attached and
entitled "CITY OF VIRGINIA BEACH 1988 LEGISLATIVE PROPOSALS"
presented for consideration to the 1988 Virginia General Assembly
is hereby endorsed by the Council as the City's official
legislative requests and recommendations for the 1988 Session.
The City Manager is hereby directed to forward a copy
of this resolution with the proposals to each member of the
General Assembly representing the City of Virginia Beach,
Virginia.
Adopted the Seventh day of December, 1987.
CITY OF VIRGINIA BEACH
1988 LEGISIATIVE PROPOSALS
INDEX
CHARTER CHANGES
1. Amortization of Non-Conforniing Signs
2. Direct Election of School Board
3. Tree Protection
OTHER ISSUES (Listed Alphabetically)
4. Alternates to Board of Zoning Appeals
5. Back Bay Restoration
6. Business License Tax on Mini Warehouses
7. Commission on Transportation in the 21st
Century
8. Contraband Forfeiture Act
9. Funding for Courts Building
10. Funding of Education
11. Going-Out-of-Business Sale
12. Health and Related Insurance for Employees
13. Increased Funding for Mental Health/Mental
Retardation and Substance Abuse
14. Indigent Health Care
15. Master Plan for Seashore State Park
16. Nhning and Milling of Uranium
17. Municipal Powers Expansion
18. Operation of Mopeds
19. Pendleton Child Service Center - Increased
Appropriation
20. Pendleton Child Service Center - Relocation
21. Runaways and Secure Detention
22. Scenic Rivers Designation
23. State Assumption of Juvenile Court Service Unit
24. Stop Work Orders
25. Tax Exemption for Water Works Equipment
26. Virginia Beach Arts Center
27. Virginia Beach Development Authority
28. Voter Information
AGRICULTURAL ISSUES
1. Grain Grade Standards
2. Farmers Wholesale Markets
3. State Registration for New Pesticides
4. Two-Year Agricultural Course
5. Staffing Positions in the Extension Service
- 28 -
Item IV-K.l.
ORDINkNCES ITF14 # 28459
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council KDOPTED, upon SECOND RFADING:
Ordinance authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, in the maximum amoiint of $8-Million for
road, highway and bridge purposes;
AND,
Ordinance to KCCEPT and kPPROPRIkTE $8-Million for
road, highway and bridge purposes as a result of
voter approval of the Eight-Million Dollar Road
Bond Authority Referendum (November 3, 1987).*
*The City Manager advised within two weeks he will discuss some possible
transferring of funds to include another project within the Appropriation
Ordinance.
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 Vo*ling Nay:
None
Council Members Absent:
None
I AN ORDINANCE AUTHORIZING THE ISSUAN(,E OF
2 GENERAL OBLIGATION BONDS OF THE CI@'y OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY,
5 AND BRIDGE PURPOSES
6
7 WHEREAS, the City of Virginia Beach, Virginia, may
8 issue up to $8,000,000 of general obligation bonds in any
9 calendar year for road, highway, or bridge purposes without
10 submitting the question of their issuance to the qualified voters
11 provided that the City has met the requirements of Section 6.05:2
12 of the City Charter; and
13 WHEREAS, the City desires to authorize the issuance of
14 general obligation public information bonds for road, highway,
15 and bridge purposes in the maximum amount of $8,000,000 without
16 submitting the question of their issuance to the qualified
17 voters;
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 1. That it is hereby determined to be necessary and
21 expedient for the City to undertake a program of road, highway,
22 and bridge improvements, all of which will ])romote the public
23 welfare of the City and its inhabitants and w@Lll facilitate the
24 orderly growth, development, and general welfari@ of the City, and
25 to finance the costs thereof through the borrow.Lng of $8,000,000
26 and issuing the City's general obligations bond:3 therefor.
27 2. That pursuant to the City Charter, including
28 Section 6.05:2 and the Public Finance Act, there are hereby
29 authorized to be issued general obligation bonds of the City in
30 the maximum amount of $8,000,000, to provide funds, together with
31 other funds that may be available, to undertake a program of
32 road, highway, and bridge improvements. The bonds may be issued
33 as a separate issue or combined with bonds authorized for other
34 purposes and sold as a part of a combined issue of public
35 improvement bonds.
36 3. That the bonds shall bear such date or dates,
37 mature at such time or times not exceeding 40 years from their
38 dates, bear interest at such rate or rates not to exceed the
39 maximum rate authorized by law at the time the bonds are sold, be
40 in such denominations and form, be executed in such manner and be
41 sold at such time or times and in such manner as the Council may
42 thereafter provide by appropriate resolution or resolutions.
43 4. That the bonds shall be general obligations of the
44 City for the payment of principal of and interest on which its
45 full faith and credit shall be irrevocably pledged.
46 5. That this ordinance shall be in full force and
47 effect from its passage.
4 8
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia, on the 7 day of December, 1987.
51
52 Approved:
5 3
5 4
55 Mayor, City of '7irginia Beach,
56 Virginia
57
58
59 FIRST READING: Novembec 23, 1987
60
61 SECOND READING: December 7, 1987
APPI-OVED ',S -0 CO@ITENT
2
AN ORDINANCE TO APPROPRIATE FUNDS IN THE
AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY, AND BRIDGE
PURPOSES AS A RESULT OF VOTER APPROVAL OF THE
EIGHT-MILLION DOLLAR ROAD BOND AUTHORITY REFERENDUM
WHEREAS, on November 3, 1987 the voters of the City of Virginia Beach
approved a referendum authorizing the issuance of general obligation bonds in the
maximum amount of $8,000,000 per calendar year for road, highway, and bridge
purposes, and
WHERF-AS, in furtherance of effective implementation of the FY 1988/FY
1992 Capital Improvement Program, the following highway projects should be
scheduled for construction: South Independence Boulevard (#2-091), Northampton
Boulevard-Phase II A (#2-092), and Indian Lakes Boulevard-Phase II (#2-083).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF T]iE CITY OF VIRGINIA
BF-ACH, VIRGINIA that funds in the amount of $8,000,000, made available through
voter approval of the Eight-Million Road Bond Authority, are hereby appropriated
to tbe projects listed below.
Project Amount
2-091 South Independence Boulevard 4,900,000
2-092 Northampton Boulevard Phase II A 1,383,292
2-083 Indian Lakes Boulevard Phase II 1,716,708
Total $ 8 000 000
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia oii the
day of December 1986:7
Public Hearing on: -Decembec 7@ 1.9
First Reading: November 23, 1987
Second Reading: Decemher 70 1987
- 29 -
Item IV-K.2.
ORDINANCES ITEM # 2846o
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance establishing the Tax Levy on Real Estate
for Tax Fiscal Year 1989, effective July 1, 1988,
at $0.915 per $100 Assessed Value.
Voting: 11-0
Cou,icil Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,*
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
"Councilman Fentress advised he disagreed with the EFFECTIVE DATE as depicted
in Section 5 of said Ordinance, as the City was not aware as yet of what the
new assessments would be.
1 AN ORDINANCE ESTABLISHING THE TAX
2 LEVY ON REAL ESTATE FOR TAX FISCAL
3 YEAR 1989
4
5 BE IT ORDAINED BY THE COUNCIL OF THE Clq.'Y OF VIRGINIA
6 BEACH, VIRGINIA:
7 Section 1. Amount of Levy on Real Estate.
8 There shall be levied and collected fol7 fiscal year
9 1989 taxes for general purposes on all real estate, not exempt
LO from taxation and not otherwise provided for in thie; Ordinance, a
Ll rate of ninety one and five tenth cents ($.915) on each one
@2 hundred dollars ($100) of assessed valuation thereof. The real
.3 property tax rates which have been prescribed in this section
4 shall be applied on the basis of one hundred percentum of the
5 fair market value of such real property except for public service
6 real property which shall be on the basis as provided in Section
7 58.1-2604 of the Code of Virginia, as amended.
8 Section 2. Amount of Levy on Unequalized Public
9 Service Real Estate as Provided for in Section 58.1-2604 of the
0 Code of Virginia (1950), as Amended.
1 There shall be levied and collected for general
2 purposes for fiscal year 1989 taxes on all Public Service Real
3 Property, which has not been equalized as provided for in Section
1 58.1-2604, of the Code of Virginia (1950), as amended, on each
i one hundred dollars ($100) of assessed valuation thereof at a
rate to be determined in accordance with Section 58.1-2606 of the
Code of Virginia (1950), as amended.
Section 3. Amount of Levy on "Certifi(@d Pollution
Control Equipment and Facilities-, Classified as Real Estate.
There shall be levied and collected i-or general
purposes for fiscal year 1989 taxes on all real estate certified
by the Commonwealth of Virginia as "Pollution Control Equipment
and Facilities" not exempt from taxation, a rate of ninety one
and five tenth cents ($.915) on each one hundred dollars ($100)
of assessed valuation thereof. The real property tax rates
3 6 imposed in this section shall be applied on the basis of one
37 hundred percentum of fair market value of such real property.
38 Section 4. Constitutionality.
39 That if any part or parts, secti,:)n or sections,
40 sentences, clause, or phrase of this Ordinance i.s for any reason
41 declared to be unconstitutional or invalid, such decision shall
42 not affect the validity of the remaining Portion of this
43 Ordinance.
44 Section 5. Effective Date.
45 This Ordinance shall be in effect from and after July
46 1, 1988.
47
48 FIRST READING: November 23, 1987
49 SECOND READING: Denemher 7, l@R2
50 Adopted by the Council of the City of Virginia Beach,
7 December
51 Virginia, on the day of 1987.
52
53 JDB/epm
54 0 8/0 5/8 7
55 CA-02391
56 \ordin\proposed\TAXLEVY.pro
57
2
- 30 -
Item IV-K.3.
ORDINANCES ITEM @Y 28461
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-116 of
the Code of the City of Virginia Beach pertaining
to windshield tinting/shading.
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
APPROVED AS TO C-@",',!
ArrRC.'@@.,) AS 1,
SUFFICI'cNk'-'Y AND
1 C!-., All AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-116 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACI4, VIRGINIA,
4 PERTAINING TO WINDSHIELD
5 TINTING/SHADING
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-116 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 21-116. Obstructions to windshield or windows generally.
14
15 (a) It shall be unlawful for any person to operate any
16 motor vehicle upon a highway within the city with any sign,
17 poster, colored or tinted film or sunshading material or other
18 colored or nontransparent material ttpen affixed to the front
19 windshield, sidesi,-i@,ft front or rear side windows or rear
20 windows of such motor vehicle other than a certificate or other
21 paper required to be placed by law or which may be permitted by
22 the superintendent.
23 (b) Notwithstanding the provisions of subsection (a)
24 of this section, whenever a motor vehicle is equipped with a
25 mirror on each side of such vehicle, so located as to reflect to
26 the operator of such vehicle a view of the highway for a distance
27 of not less than twO hundred (200) feet to the rear of such
28 vehicle, any or all of the following shall be lawful:
29 (1) To operate a motor vehicle equipped
30 with one optically grooved clear
31 plastic right-angle rear view lens
32 attached to one rear window of such
33 motor v e h i c 1 e ,not exceeding
34 eighteen (18) inches in diameter in
35 the case of a circular lens or not
36 exceeding eleven (11) inches by
37 fourteen (14) inches in the case of
38 a rectangular lens, which enables
39 the operator of the motor vehicle
40 tc) view below the line of sight as
41 viewed through the rear window
42 provided such vehicle is equipped
43 with a mirror on each side of such
44 vehicle so located as to reflect to
45 the operator a view of the highway
46 for a distance of not less than two
47 hundred (200) feet to the rear of
48 such vehiclet;
49 (2) To have affixed to the rear window
50 or windows of a motor vehicle any
51 sticker or stickers, regardless of
52 size;
53 (3) To have affixed to the rear window
54 or windows of a motor vehicle any
55 sunshading material; or
56 (4) To operate a motor vehicle when the
57 driver's clear view of the highway
58 through the rear window or windows
59 is otherwise obstructed.
60 (c) Nothing in this section shall be construed as
61 prohibiting the affixing to the rear window of a motor vehicle of
62 a single sticker no larger than twenty (20) square inches in area
63 if such sticker is totally contained within the lower five (5)
64 inches of the glass of such rear window, nor shall the provisions
65 of subsection (b) of this section be applied to a motor vehicle
66 to which but one such sticker is so affixed.
67 (d) Operation of a vehicle equipped by the
68 manufacturer with tinted glass conforming to federal Department
69 of Transportation specifications shall not constitute a violation
70 of this section.
71
72 Adopted by the Council of the City of Virginia Beach,
73 Virginia, on the 7 day of December 19 87.
74
75 WEB/epm
76 10/19/87
77 11/0 5/87
78 CA-02481
79 \ordin\proposed\21-116.pro
2
- 31 -
Item IV-K.4.
ORDINANCES ITEM @'C' 28462
Selena V. Meardy, 325 General Gage Road, Phone: 499-0603, spoke in opposition
to the Ordinance. As there is only once-a-week garbage pick-up, Selena V.
Meardy requested an extension of the five days notice to ten days for
compliance.
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-50 of
the Code of the City of Virginia Beach, Virginia,
pertaining to accumulations of trash, garbage, et
cetera, and excessive growth of weeds or grass.
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:
iNone
Council Members Absent:
None
SIGNATURE
DEPARTMEI
APPROVED AS TO LEC-AL
IENCY AND FC,@,'A
1 CITY ATTAN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-50 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA
4 PERTAINING TO ACCUMULATIONS OF
5 TRASH, GARBAGE, ETC., AND EXCESSIVE
6 GROWTH OF WEEDS OR GRASS
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 23-50 of the Code of the City of Virginia
11 Beach is hereby amended and reordained to read as follows;
12
13
14 Section 23-50. Accumulations of trash, garbage, etc., or
15 excessive growth of weeds or grass.
16
17 -of
18 @@-genera-I
19 sa@t-yF--hea-Ith-,- -@-order7
20
21 fbt(a) Upon determination by the director of permits
22 and inspections,
23 hea-It-h-,--or- t:hei-r-- r the housing codes officer, or any
24 housing inspector that there exists upon any land or premises
25 within the city, including the area +n-front-of between such land
26 or premises extending-to and the curb line, any trash, garbage,
27 refuse, litter and- or similar substances, which--m@
28 endamger-@-he&l-t-It-,&r- -of-
29 except as may be placed thereon for purposes of collection in
30 accordance with Chapter 31 of this Code, notice shall be served
31 on the owner of such land or premises or his agent, and or on the
32 occupant thereof, or both, to cause such
33 trash, garbage, refuse, litter and-@@ or similar substances
34 whi:eh-@,g-h+-- to
35 be removed from such land or premises7 within five (5) days from
36 the date of such notice.
37 fet(b) Upon determination by the director of permits
38 and inspections, or-his-agents7 the housing codes officer, or any
39 housing inspector that there exists on any land or premises
40 within the city, including the area in-frent-of between such land
41 or premises extending-@ and the curb line, any grass, weeds,
42 brush and or other--f,*@i-gr,- similar vegetation7 which
43 presents--a-nl- @ -t-he - h e a I t h 7 - -s-&-f &tl-
44 residents-.&f-@-ei-t-y7- in excess of ten (10) inches in height,
45 then notice shall be served on the owner of such land or
46 premises or his agent, and or on the occupant thereof, or both,
47 to cause such grass, weeds, brush or other-foreign-growth similar
48 vegetation to be removed or cut and removed from such land or
49 premises within five (5) days from the date of such notice. For
50 @r--other
51 foreign-growth-attains-the-height-of-fifteen-ti5t-inches-Or-MOre7
52 -i t - -@-threaten-+--h@ -&FA-general:
53 we-liare-of-residents-cf-the-cityT
54 tdt(c) Service of 'Phe the notice provided for in
55 subsections tbf (a) and tet (b) above shall be sent by registered
56 or certified mail, Or7--i-f-+7h@ @ @ +ri@ a-ftt-
57 of- -land- @ -premises- -be-
58 -conseeu t- ive -dayis- -i@ newspape r
59 personal delivery or posting
60 in a conspicuous place upon the land or premises; provided,
61 however, that if the land or premises are unoccupied and the
62 owner or his agent cannot be found by the exercise of due
63 diligence or are unknown, such notice shall be sufficient against
64 the owner if given by registered or certified mail to the owner's
65 last known mailing address and posted in a conspicuous place upon
66 the land or premises. The housing codes officer and housing
67 inspectors are hereby authorized to deliver or post such notices.
68 tet--Upon-the-faildre7-neglect-or-refusai-ef-any-owner7
69 agent-.&f- @t-@-has
70 been- -as- -and
71 remeve--@uch--t-r-a-&Itr- or
72 substances-@- -or-,othe-r- @@-mi-Sitt--endanger
73 the-.hea-l+-7h-@
74
75 have-the--reqd-i-s-i+-@@-k-
76 actual-@@-such- - 1-1--be-
77 +and-or-premises-upon-whem-sdeh-notice-was-served7
2
78 fft--When-the-city-manager-has-accomplished-the-removel
79 or-cutting-and-removal-cf-trash7-garbage7-refuse7-litter-or-other
80 similar- @@-grass7- @r--ather-@@+r- -to
81 this-sectiOn7-he-shall-bill-the-owner-of-the-land-E(Dr-the-cest-of
82 a u eh - removal -,"- @-t-i .. i @t- -of- -ptibli cation7
83 i f- - -a@. -- -@ -Stteh - -i@ -pa i:& - w-i t h-i n- -t+ri@ @@&" r - the
84 e it y- man aget - -s h-a-1-1- -t-r @@t-r -t-re& ett rLr T -whe
85 - amount - -i@ -t-he - -ne%+-
86 owner-@-!ttteh- -E@T- adthe-ri med- -which
87 remains-,dnpaid- -1- @@lt -pr6epert-y - and
88 may-be-collected-as-taxes-and-levies-are-callectedv
89 @-EdilUre7-@ -@-refusai-@-ekn -owner7
90 agent7- lessee-@f-- -1@- -of
91 benef+ciary-@- -or
92 premise 9 7 W4+--h- @ -of - -to
93 this-section-shall-conatitute-a-eless-4-misdemeanorT
94 (d) Failure to comply with the terms of a notice
95 issued and served as provided in this section within the time
96 prescribed in such notice shall constitute a Class 2 misdemeanor,
97 and each day thereafter that the violation continues shall
98 constitute a separate offense. In addition to any penalties
99 imposed hereunder, the city may institute legal action to enjoin
100 the continuing violation of this section and may remove or
101 contract for the removal of such trash, garbage, refuse, litter
102 or similar substances or grass, weeds, brush or similar
103 vegetation, in which event the cost and expenses thereof shall be
104 chargeable to and paid by the owner or occupant of the land or
105 premises. Any such charqe which is not paid within thirty (30)
106 days of the date on which it is billed to the owner of such land
107 or premises shall constitute a lien upon the property and may be
108 collected in anV manner provided by law for the collection of
109 taxes; provided, however, -that no such lien shall be valid
110 against any owner of land or premises who was not served with the
ill notice prescribed in subsection (a) or (b) hereinabove, as the
112 case may be.
3
113 (e) The provisions of this section shall not apply to
114 any parcel of land greater than one acre in size and which is
115 located in an agricultural zoning district and used principally
116 for agricultural or horticultural purposes.
117 Adopted by the Council of the City of Virginia Beach,
118 Virginia, on the 7th day of 1987.
119
120 WMM/epm
121 11/03/87
122 11/06/87
123 12/01/87
124 CA-01798
125 \ordin\proposed\23-050.pro
126
4
- 32 -
Item IV-K-5-
ORDINANCES ITF14 # 28463
The following spoke in OPPOSITION to said Ordinance:
Sarah Johnson, 937 Carriage Hill Road, Phone: 468-1159, represented the Plaza
Recreation League and spoke in support of MIDNIGHT Bingo. The only way these
community sports, comprising approximately 500 to 800 children, can be
sponsored is through MIDNIGHT Bingo. A PUBLIC HEARING should be SCHEDULED
relative this Ordinance.
Attorney Robert Cromwell, represented Independence Associates, and advised the
applicant had expended approximately $50,000 to landscape and beautify the
Bingo facility formally occupied by Plaza Roller Rink. Attorney Cromwell
requested a DEFERRAL to peruse the Ordinance.
Cynthia Chaput, 2009 Sunset Court, Phone: 481-7022, Coach of 60 Competitive
Skaters, and Secretary-Treasurer of the Chesapeake Bay Skating Club.
Anthony Wood, Dandyloop Road, Grafton, Virginia (1-898-4155), represented the
Virginia Beach Skating Club
K. Wood, Dandyloop Road, Grafton, Virginia (1-898-4155), represented the
Virginia Beach Skating Club
Millie Funda, 964 South Military Highway, Phone: 420-0187, Head Coach of the
Virginia Beach Skating Club
Barbara Hoilman, 8022 Bowwood Lane, Phone: 587-9188, parent of a Roller Skater
benefiting from MIDNIGHT Bingo. Her son, Ryan, is a current Na-@ional
Champion.
Vinceiat Ulliardi, 3849 Old Forge Road, Phone: 486-5002, Co-owner/Chairman of
Plaza Recreation League.
Cindy Carew, 2404 Ketch Court, Phone: 481-2389, Competitive Roller Skater
involved in international competition
Harold L. Burk, 3724 Pine Grove Lane, Phone: 463-4883, Area Chairman for Plaza
Recreation League
Sergeant Gray and Assistant City Attorney William Byman responded to City
Council inquires. Potential problems are forseen relative crowd control,
parking regulations, concerns for safety, the large amounts of money involved,
as well as the -,ieed for increased reulation has becotqe apparaent. The
Ordinance has been modeled in large measure on the City of Norfolk Bingo Code
which was enacted in 1986. Attorney Byman advised Section 4-93 b. relative
"fioorwo-kers" was in compliance w4@th State Code. Section 4-92 (g) related to
Ilpayment of prizes of one hundred dollars or more shall be paid by checks" was
instituted to provide an audit trail of funds.
Upon motion by Councilwoman Parker, seconded by Councilman Heischober, City
Council DEFERRED INDEFINITELY
Ordinance to AMEND and REORDAIN Sections 4-85, 4-
86, 4-87, 4-87.1, 4-87.2, 4-88, 4-89, 4-90, 4-91,
4-92, 4-92.1, 4-92.2, 4-93 and 4-94 of the Code of
the City of Virginia Beach pertaining to bingo
games and raffles.
- 33 -
Item IV-K-5-
ORDINANCE ITEM # 28463 (Continued)
Councilman Heischober suggested the deletion of Lines 520 - 523, Page 15,
Section 4-93 related to MIDNIGHT Bingo Games. The DEFERRAL will enable the
redrafting of said Ordinance. In the application itself, the times of the Bingo
Games are stated. This section would be redrafted to enable the City to have
the authority to WITHDRAW the Permit if the City Staff is advised a MIDNIGHT
Bingo Game is creating a problem.
Councilman Perry referenced Line 604, page 17 stating the the incorrect
verbiage of "fair market rental value". Councilman Perry also referenced the
utilization of Auxiliary Police rather than regular police for protection of
bingo patrons.
When the Ordinarice is REDRAFTED, copies of same will be provided to those
interested citizens in Attendance.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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:
Robert E. Fentress
- 34 -
Item IV-L.
CONSENT AGENDA ITEM # 28464
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 6, 7 and 8 of the CONSENT AGENDA.
Item IV-L-5- was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Ilenley, Mayor Hobert 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:
Nancy K. Parker VERBALLY ABSTAINED on Item IV-L.2 as
her home is located at Rudee Inlet.
Council Members Absent;
None
- 35 -
Item IV-L.l.
CONSENT AGENDA ITEM # 28465
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $85,000 from Community
Development Block Grant Funds to provide for full
acquisition costs for the Gracetown Street and
Drainage Project.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Requested by the Department of Housing and Community Development
AN ORDINANCE TO TRANSFER $85,000.00 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO PROVIDE FOR FULL ACQUISITION COSTS FOR THE
GRACETOWN STREET AND DRAINAGE PROJECT
WHEREAS, the City of Virginia Beach Capital Improvement Plan provides
for the construction of certain street and drainage improvements in the
Gracetown Target Neighborhood; and
WHEREAS, Community Development Block Grant (CDBG) funds have been
appropriated to fund this project; and
WHEREAS, additional funding is required in order to complete
acquisition of land necessary for the project; and
WHEREAS, funds are available for this purpose in Community Development
Block Grant (CDBG) contingency accounts;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that $85,000.00 be transferred from Community Development Block Grant
(CDBG) contingency accounts in order to fully fund the acquisition required
for the Gracetown Street and Drainage Project.
This ordinance shall be effective from the date of its adoption.
Adopted by Council of the City of Virginia Beach, Virginia on the
7 Decemb er
- day of 1987.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
ID5-
Mar City Attoro
Dep to@r y
Community Development
- 36 -
Item TV-L.2.
CONSENT AGENDA ITF24 # 28466
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing and directing the City
Manager to execute a Hold Harmless Agreement with
Ticor Title Insurance Company relating to the Rudee
Inlet Dredging Project.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. @,ienley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Nancy K. Parker VERBALLY ABSTAINED on I@@em IV-L.2 as her home is located at
Rudee Inlet.
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE A HOLD HARMLESS
3 AGREEMENT WITH TICOR TITLE INSURANCE COMPANY
4 RELATING TO THE RUDEE INLET DREDGING PROJECT
5
6
7
8 WHEREAS, the Rudee Inlet Dredging Project is being
9 undertaken by the Federal Government pursuant to the authority of
10 Section 107 of the River and Harbor Act of 1960; and
11 WHEREAS, under the terms of the Local Cooperation Agreement
12 between the Department of the Army and the City of Virginia Beach
13 dated the 2nd day of April, 1986, the City is required to provide
14 without cost to the Untied States all lands, easements and
15 rights-of-way required for construction and subsequent
16 maintenance of the project and for initial and subsequent
17 disposal of dredged materials; and
18 WHEREAS, in order to satisfy the Federal GoverrLment's
19 requirements, title insurance shall be provided on these areas to
20 be conveyed for construction and subsequent maintenance of the
21 project and spoil areas, and
22 WHEREAS, Ticor Title Insurance Company has consented to
23 provide title insurance on the area to be utilized for the
24 initial and subsequent disposal of dredged material from this
25 project subject to the City executing a hold harmless agreement
26 and exercising its power of eminent domain.
27 NOW, THEREFORE, BE IT RESOLVED: that the City Council of
28 the City of Virginia Beach does hereby authorize the City Manager
29 to execute a hold harmless agreement for the benefit of Ticor
30 Title Insurance Company. Said agreement is attached hereto.
31 Adopted by the Council for the City of Virginia Beach,
3 2 Virginia on the 7 day of December , 1987.
33
34
35
tent and Form:
ty City Attorney
42
43 @
44 JAR/awj
45 NONCODE\Rudee.ord
2
HOLD HARMLESS AGREEMENT
by and between
City of Virginia Beach, Virginia, a Municipal Corporation (hereafter
called Indemnitor) and TICOR TITLE INSURANCE COMPANY (the Company),
WITNESSETH:
WHEREAS, the Indemnitor has requested the Company to issue its Policies
of title insurance insuring an interest in the real estate in Virginia
Beach, Virginia, described in Policy 09-099063, and Commitment Number
39,989 (the Policies) issued by the Company and
WHEREAS, the interest is described as:
a perpetual easement to be held in Trust for the Benefit of the Public
and for use as a spoil area for sand replenishment, in
All those certain parcels of land, with appurtenances thereto
situated and bounded by on the north by 48th Street on the south
by 1st StreeL, to the east by the Waters of the Atlantic Ocean
and the west by the western most boundary of Ocean Avenue (also
known as Atlantic Boulevard) as designated on a certain subdivision
plat entitled "Virginia Beach Owned Norfolk and Virginia Beach
Railroad and Improvement Company", said plat being recorded in
Map Book 1 at Page 23A in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia to which reference is
hereby made.
aiid
WHEREAS, the Indemnitor has the power of condemnation and eminent
domain to protect its interests and that of the public in the aforedescribed
property and
WHEREAS, the Indemnitor has offered to indemnify the Company if the
Company will issue the Policies,
NOW THEREFORE, in order to induce the Company to issue the Policies
insuring the interest in the real estate, referred to above, which
Policies will, in consideration of this agreement and at the request
of tlie Indemnitor, indemnify the named insureds against any loss which
may occur as a result of any challenge, suit filed, or claim made
on said interest; the Indernnitor hereby indemnifies and agrees to
hold the Company harmless from all liability, loss or damage of any
nature, including attorneys' fees and expenses incurred in enforcing
this agreement, which the Company may sustain resulting from the issuance
of the Policies.
And the Indemnitor further agrees to do whatever is required by the
Company including the exercise of its power of condemnation and eminent
domain in the event a claim is made of the Policies, at no cost to
the Company.
This agreement shall inure to and bind the successors and assigns
of the parties hereto.
The Company shall have the right to approve Counsel who will be retained
by the Indemnitor to defend any action brought by any party as a result
of the Company issuing the Policies. Said right of approval will
not be unreasonably withheld.
In the event a claim is made the Company shall give the Indemnitor
written notice of said claim. Written notice sliall bL deemed to liave
been duly served on tlie Indemnitor if delivered or sent by registered
iii,iii to thL Office of the City Manager of the City of Virginia Beach
or rhe Office of the City Attorney of the City of Virginia Beach or
their successors.
IN WITNESS WHEREOF, the parties have executed this agreement and affixed
their respective seals, either in person or by their duly authorized
officers or agents, this day of 1 19
The Company Indemnitor
TICOR TITLE 1NSURANCE COMPANY
By:
Address:
Telephone No.:
INTER-OFFICE CORRESPONVENCE
DATE: October 28, 1987
TO: J. Dale Bimson PT.: City Attorney
FROM: Jay A. Richardson PT.: City Attorney
RE: Our File: No. 36
Rudee Inlet Dredging Project
Since the signing of the Local Coc)peration Agreement (LCA)
on April 2, 1986, this office has been endeavoring to negotiate
with the Norfolk District Corps of Engineers arl agreeinent on real
estate requirements for the Rudee Inlet Dredging Ploject. In
tliis regard, title reports have been obtained on the thirty-five
parcels located within Rudee Inlet and these reports are in the
hands of the Office of Real Estate.
In connection with the area required for initial and
subsequent disposal of dredged material (the beachfront), which
is the area bounded on the north by 48th to the south by 1st
Street and on the east to the waters of the Atlantic Ocean and on
the west by the western most boundary of Ocean Aveiiue (also known
as Atlantic Boulevard), the Corps of Engineers set out two ways
the City could provide evidence of title. First, a title
insurance policy insuring a perpetual easeinerit to be held in
Trust for the benefit of the Public and for the use as a spoil
area. Second, a written opinion by the City that the City had
legal title to the beachfront setting forth the source and nature
of the title and the ability of the City to convey a perpetual,
assignable easement to the United States free and clear of any
defects, liens and/or encumbrances.
It became obvious early on that meeting the conditions of
the second niethod to satisfy the Corps was not possible as there
simply was not any source title to which the City could point as
proof of its ownership to the beachfront. Although the proof
offered, in my opinion, was overwhelming, such as the recordation
of a plat, the Greenco case, exercising control over the beach,
i.e. granting franchises and placing sand on the beach, it was
not sufficient to meet the Corps' requirements. In light of
this, efforts were directed to obtaining a title insurance policy
covering the easement the City agreed to convey to the Corps to
the beachfront.
TO: J. Dale Binison
FROM: Jay A. Richardson
RE: Our File: No. 3647
Rudee Inlet Dredging Project
DATE: October 28, 1987
PAGE: 2
I am pleased to report that, after many phone calls and
conferences, Mr. Robert Hofheimer, Pioneer Title Insurance an
agent for Ticor Insurance Company, has agreed to write a title
insurance policy insuring the United States of America and
covering a perpetual easement to the beachfront for use as a
spoil area. The Commitment for Title Insurance has been issued
and I feel reasonably assured that it will be found acceptable to
the Corps. However, in order to commit to writing the title
policy, Ticor Insurance Company insists that the City execute, in
its favor, a hold harmless agreement which will indemnify Ticor
against all loss or damage of any nature including attorneys'
fees and expense incurred in enforcing the agreellient, which Ticor
may sustain froiri the issuance of the title policy. In essejice,
the City will be insuring the title conipany from any loss. In
addition, the City agrees to exercise its power of eminent dofflain
in the event a claiin is made under the title policy. The
conditions of the title insurance to issue the title policy are
no more and no less than the City would have been willing to
provide the Corps but which the Corps found unacceptable as the
conditions did not nieet their standards as to a locality
providing real estate easements under the terms of the Local
Cooperation Agreement.
In my opinion, we are fortunate to have found a title
company willing to issue a title policy, especially since the
City can not provide a source deed to the beachfront. Therefore,
I ain requesting that City Council authorize the execution of the
hold harmless agreement in favor of the Ticor Title Insurance
Company, otherwise, it will be necessary to resort to a title
search to determine what if any private interest to the
beachfront exists and if any should exist to resort to
condemnation. Not only would such a process be costly it could
be tiiue consuming.
I would appreciate your placing this request on the Agenda
for council consideration at the earliest possible date. if
there are any questioris or additional information is needed I
stand ready to respond.
JAR/epm
Enclosures
THIS DEED OF EASEMENT made this day of
19_, by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation party of the first part, and
the UNITED STATES OF A14ERICA, party of the second part.
WHEREAS, the party of the first part is the trustee
of a public trust of the following tract of land situated in
the City of Virginia Beach, Virginia, more particularly
idescribed as follows:
All those certain parcels of
land, with appurtenances thereto
situated and bounded by on the
north by 48th Street an the south
by 1st Street, to the east by the
waters of the Atlantic Ocean and
to the west by the western most
boundary of Ocean Avenue (also
known as Atlantic Boulevard) as
designated on a certain
subdivision plat entitled
"Virginia Beach owned Norfolk and
Virginia Beach Railroad and
Improvement Company," said plat
being recorded in Map Book 1 at
Page 23A in the Clerk's office of
the Circuit Court of the City of
Virginia Beach, Virginia to which
reference is hereby made.
it being the same property
conveyed to Princess Anne County,
as trustee for a public trust, in
the abcve referenced plat. The
City of Virginia Beach is the
successor municipal corporation
to Princess Anne County by act of
the Virginia General Assembly.
WHEREAS, the party of the first part as trustee of a
public trust which is for the recreation and enjoyment of the
general public has the power at common law to convey an
easement where the purpose and effect of such easement is the
ifurtherance of the public use for which the beach is held and
where such easement does not exclude or prevent the free use by
the public of the subject land; and
WHEREAS, the party of tlie second part desires to use
,said tracts of land as a spoil disposal site for certain
dredging projects as well as other public works projects which
will replenish and nurture the beach.
WHEREAS, the party of the second part requires such
:an easement from the party of the first part by provision of
Local Cooperation Agreements either currently in effect or
Ithose which may become effective in the future.
NOW, THEREFORE, WITNESSETH; that for, and in
@'consideration of, the sum of One Dollar ($1.00), cash in hand
@,ipaid, the receipt of which is hereby acknowledged, and to
fulfill the requirement of local cooperation that the City
lprovide all necessary lands, easements and rights-of-way, party
of the first part does hereby grant, bargain, sell, and convey
,@into the party of the United States of America, and its
,assigns, with Special Warranty of Title and English Covenants
@lof Title, the following easements, to-wit:
a. A perpetual and assignable
right and easement to deposit
upon the aforesaid parcel
described above any and all
material dredged or excavated in
the maintenance of the current
project, as well as all future
projects, together with the
pcrpetual right and privilege to
build, erect and construct such
necessary levees and/or other
structures as the party of the
2
second part may deem necessary to
aid in confining the material
excavated; and
b. A perpetual and assignable
right and easement for ingress
and egress over the aforesaid
parcel described above; and
C. A perpetual and assignable
right and easement over the
aforesaid parcel described above
to locate, construct, operate and
maintain in, on, over, under, and
across said parcel such dredge
and other pipelines and/or
drainage ditches as the party of
the second part may deem
necessary together with the
perpetual and assignable right
and privilege to trim, cut,
fell, and remove from the
aforesaid parcel such trees,
underbrush, vegetation,
structures, and/or obstacles as
may be necessary;
SUBJECT, HOWEVER, to existing easements for public
,!roads and highways, public utilities, railroads, pipelines and
!public recreation, including but not limited to: swimming,
fishing, sunbathing and other such consistent uses. Reserving
to the party of the first part and its assigns all such rights
;land privileges in said parcel of land as may be used and
enjoyed without interfering with or abridging the rights and
easement hereby conveyed to the party of the second part.
The said party of the first part hereby expressly and
ifully releases the United States of American and/or its assigns
'from liability for any and all damages done or caused to be
done, and from any claims or demands whatsoever for injuries
3
@suffered to or done to the said premise by reason of the
ideposit of excavated material.
TO HAVE AND TO HOLD, the said rights and easements
the party of the second part, the United States of
America, and its assigns, for tbe purposes of aforesaid,
forever.
This property is acquired by the United States of
@America for use by the United States Army Corps of Engineers.
In witness whereof, the City of Virginia Beach has
:!caused this deed to be executed on its behalf by Thomas H.
,!Muehlenbeck, City Manager, and attested to by Ruth H. Smith,
i 11 i
@!lts City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
,,ATTEST:
City Clerk
4
By
(SEAL)
iATTEST:
(Title)
@ISTATE OF VIRGINIA
@ICITY OF VIRGINIA BEACH, to-wit:
a Notar
.Y
Public in and for the City and State aforesaid, do hereby
certify that THOMAS H. MUEHLENBECK, 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
@laforesaid.
GIVEN under my hand this day of
119
iMy Commission Expires: Notary Public
5
STATE OF VIRGINIA
ITY OF VIRGINIA BEACH, to-wit:
a Notary
i';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
119
Notary Public
"My commission Expires:
@ISTATE OF VIRGINIA
i@ICITY OF VIRGINIA BEACH, to-wit:
a Notary
lIPublic in and for the City and State aforesaid, do hereby
licertify that
(title), on behalf of the United States of
@America, whose name is signed to the foregoing writing, bearing
l@date the day of 19_, has
!acknowledged the same before me in my City and State aforesaid.
6
Given under my hand this day of
19-.
Notary Public
@@my commission Expires:
11,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
(title), on behalf of the United States of
;America, whose name is signed to the foregoing writing, bearing
ldate the day of 19-, has
i i
i,acknowledged the same before me in my City and State
laforesaid.
Given under my hand this day of
19-.
Notary Public
My Commission Expires:
07/16/87
08/04/87
\DEED\RUDEE2.DED
7
7016-39,989
TICOR TITLE
INSURANCE Commitment for Title Insurance
TICOR TITLE INSURANCE COMPANY, (a stock company), a California corporation, lierein called t@ie Compariy, for a valuable
cot)sideratic)r), @iereby coitimits to issue its policy or policies of iiile insurance, as identilifd in SchedLJle A, in tavor of tf)e
propos d Insure,,d narried in Scliedule A, a,, ov,,nei or rtiorig@igee of itic, estate or interest covcred hereb@, r) i@it, land describe-d
orreierredtoinSchedLil A,uponpaymer)toftliepremiunisandch@iigest@)erefor,allsubj(:@citot eprovisc)f)SofScliedulesA
and b and lo the Conditions and Stipul@tions liereof.
This Comrriitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Comniitment or by subsequent endorsement.
Tliis Commitment is preliminary to the issuance of such policy or policies of title insurance and all l,a@lility atid obligations
hefeunder sha@ cease and terminate one hundred eighty (180) days after the effective date herec)f or wtien the policy or
policies committed for shall issue, whiche@,er first occurs, provided that the failure to issue such policy or policies @, not the
fault of the Company.
This Commitment shall not be valid or binding until countersigned below by a validating signatory of the Company.
TICOR TITLE INSURANCE COMPANY
By President
Attest Secretary
COuntersi,gned@ PIONEER TITLE
By
COPYH,GHT 19 1,6 -AL@@LRICAN LAf4Dl@ILL ASS(IC
TO 14'3 (9 64) A@ll Z., L.,. T@ll, A@@@b.t, lEk,6 CAI NC) NI,60324
Conditions and Stipulations
Trie. lerri) morigage, when used @,eie i@, shall include bt' only to the-, named proposec lri@urE,,d irid sucri r)jrlif s
dee,d of tiust, trust deed, or other sccurity instrument. included under the (jef!nitio@ of insur d in t[ie forrri of
pc,licy or policies comrr)iited for ar)d only for actuai loss
2, If thc- prc@posed liisured @)L)s or acquires actual knowl- incurred in reiiance hereor) in undc@,ra@@@,)g in good fal,h
edge of @n@, defect, lien, encumbrance, adverse claim ot (a) to cc)mply with tt)e req@-irertent@ @)er of, or (b) to eiimi-
otliet matic@r affectirig the estate or interest c)t rtiortgagc@ n@,tc@, exceptions shown in S&,edulc, B, or (c) to acquire or
tt)u.reor@ covered by this Comm@tment o@iel q),,In @iose create the estate or interei c)r mofig@, Li@,, lh(.-fec@n covered
shc,,A,niriScheduleB[iereof,andshallfailtodi5clo-,; such byt[iisCommitnient.1r)noevent!O@alsucli@,bililye,,cE@d
knc),,,Ied,ie to tlie Con-,pany in vriiing, the Company shall t[-,e arriount staied in Schedi e /, for ir)c, pclicy of [)Oilc es
be relieveci from liabil ty for any loss or damage iesulting corrimitted for and suc@-, liabjl:ty is sutjj,-ct to the insLrin3
from any act of reliance hereon to the exter-,t the Compariy pro,,,isions, the Conditions and StipLIatior,s, and tr,e E,\Clu-
is prejudiced by failure to sc disclose such krc)wledge. If s ons froni Coverage of the forn@ of poiicy or pol@cies
the proposed Insured shall disclose such knowledgetott)e committed lor in favor of the proposed @nsured which are
Company or if ihe Con)pariy other'AiSe acquires aCtUal hereby ncorporated by reference and are made a part of
knowledge of any such defect, lien, encumbrance, ad- t@iis Commitment except as express y modified lierell).
verse cla m orother rriatter, the Companyat itsoplion may
an)end Sc@)edule B of this Commitment accordingly, but 4. Any action or actions or rights c)f action that the pro-
suchamendment shall not relievethe Companyfrom liabil- posed Insured may have or may bring against the Com-
ity previously incurred pursuant to Paragraph 3 of these pany arising out of the stalus of the title to the estate of
Conditions and Stipulations. interest or the status of the mortgage thereon covered by
this Commitment must be based on and are subject to the
3. Liability of the Cornpany under this Commitment shall provisions of this Commitment.
T .2, T
S@ule A.
TICOR TITLE INSURANCE CO@IPAN
Commitment No. Effective Date of Cornmitffent:
7016-39,989 July 16, 1987 at 9:00 /,M
Your No.:
Prepared For:
Jay A. Richardson
-'ttorney at Law
Inquiries Should be Directed to:
Pioneer Title
Suite 303, Little Neck Towers
Virginia Beach, Virginia 23452
1. Policy or Policies to be issued: Amount
(a) nX ALTA Owners Policy - Form -- 1970 $1,500,000.00
Proposed Insured:..' UNITED STATES OF AMERICA
(b) [:]ALTA Lcan Policy 1970 $
Prc,posed Insured:
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a F"
perpetual easement to be held in Trust for the Benefit of the Public and
for use as a spoil area for sand replenishment.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
CITY OF VIRGINIA BEACH, VIRGINIA
The land referred to in this Commitment is located in the City of Virginia Beach,
State of Virginia and described as follows'.
All those certain parcels of land, with appurtenances thereto situated
and bounded by on the north by 48th Street on the south by 1st Street, to
the east by the Waters of the Atlantic Ocean and the west by the western most
boundary of Ocean Avenue (also known as Atlantic Boulevard) as designated
on a certain subdivision plat entitled "Virginia Beach Owned Norfolk and
Virginia Beach Railroad and Improvement Company", said plat being recorded
in Map Book 1 at Page 23A in the Clerk's office of the Circuit Court of the
City of Virginia Beach, Virginia to which reference is hereby made.
10 1.23 B I 7"',
Part 1, Schedule B
Commitment No.
7016-39,989
1. The following are the requirements to be complied with:
1 . lnstruinents necessary to create the estate or interest to be insured must be properly executed,
delivered and duly filed for record.
(a) Recordation of the Deed of Easement from the City of Virginia Beach
to the United States of America.
(b) Pemit for the "Project" as referred to in said easement from the
Co=onwealth of Virginia.
(c) Letter Agreement from the City of Virginia Beach, Virginia.
See Part 11, SchedL]ie F.'@ (following)
6,bi,vlilV 3ONVtlf@;Ni 3 ]ill 8C):l IN@iNliviAOD Hilm 3sn I UVd 9 (t7g- L) dZ-El CZP L 01
@l -0 @"@12
Part 11, Schedule B
d@mmitment No.
7016-39,989
Ii. Schedule B of the policy or policies to bL, issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defects, liens. encumbrances, adverse claims, or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an
accurate survey or inspection of the premises.
(d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furr3shed, imposld
by law and not shown by the public records.
3. Special Exceptions:
(a) Taxes Tax Exempt.
(b) Riparian rights of the public, and those public easements
and rights for commerce, navigation, and fisheries.
(c) Title to tliat portion of the property below the mean high
water mark, and Rights of the Commonwealth of Virginia to
regulate same.
(d) Rights of the U-ited States of An,,,i,a to regulate that
portion of the property below the ean high water mark.
(e) Rights of Franchisees and Liscen,ees, if any of the City
of Virginia Beach.
(f) Terms and Conditi.ns of the easement to be insured.
- 37 -
Item IV-L-3-
CONSENT AGENDA ITEM # 28467
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing and directing the City
Manager to execute a Deed of Vacation between the
City of Virginia Beach and the School Board of the
City of Virginia Beach pertaining to vacating a
20-foot drainage easement on the site of Pembroke
F,lementary School.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE A DEED OF VACATION
3 BETWEEN THE CITY OF VIRGINIA BEACH AND THE
4 SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
5 WHEREAS, The School Board of the City of Virginia Beach
6 is the fee simple owner of that certain parcel of land shown and
7 described on that certain plat entitled: "PLAT SHOWING THE
8 VACATION OF EXISTING 20' DRAINAGE EASEMENT AND DEDICATION OF 201
9 DRAINAGE EASEMENT TO THE CITY OF VIRGINIA BEACH, VIRGINIA BAYSIDE
10 BOROUGH VIRGINIA BEACH, VIRGINIA" Scale: 111=1001, dated May 12,
11 1987, prepared by CEGG, The CEGG Partnership Architects-
12 Engineers-Surveyors, Corporate Center Two, Suite 240 Virginia
13 Beach, VA. 23462, a copy of which is attached hereto and made a
14 part hereof as Exhibit "All; and
15 WHEREAS, The City of Virginia Beach is the owner of the
16 201 drainage easement traversing the property owned by The
17 School Board of the City of Virginia Beach as shown on the said
18 plat; and
19 WHEREAS, The School Board of the City of Virginia Beach
20 has requested that the City of Virginia Beach vacate a certain
21 portion of the said 201 drainage easement by a Deed of Vacation
22 dated July 29, 1987, a copy of which is attached hereto and made
23 a part hereof as Exhibit "B"; and
24 WHEREAS, The School Board of the City of Virginia Beach
25 is agreeable to dedicating an alternate drainage easement, by a
26 separate Deed of Dedication dated July 29, 1987, a copy of which
27 is attached hereto and made a part hereof as Exhibit 'IC,ll and
28 described as: 11201 DRAINAGE EASEMENT HEREBY DEDICATED TO THE
29 CITY OF VIRGINIA BEACH, VIRGINIA AREA = 0.2298 AC.," and as shown
30 as the shaded area on Exhibit "All; and
31 WHEREAS, it has been determined by the Department of
32 Public Works of the City of Virginia Beach that the alternate
33 easement to be dedicated by said Deed of Dedication (Exhibit "C")
34 will be sufficient to meet drainage needs and that the portion
35 of the easement to be vacated will no longer be needed.
36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
37 CITY OF VIRGINIA BEACH, VIRGINIA:
1 That the City Manager is hereby authorized and directed to
2 execute the Deed of Vacation between the City of Virginia Beach
3 and The School Board of the City of Virginia Beach wherein the
4 City vacates that certain easement entitled: "20' DRAINAGE
5 EASEMENT HEREBY VACATED TO THE CITY OF VIRGINIA BEACH SCHOOL
6 BOARD AREA = 0.1482 AC." as shown on the attached Exhibit "All.
7 Adopted by the Council of the City of Virginia Beach,
8 Virginia on this 7 day of December 1987.
9
10 WCB/rab
11 7/29/87
APPPOVED AS -rO CObl'rENT
2
119
EXHIBIT "A" -
1.
@
.
9-t Aei
o
k 8
m z: C3
0
At
MINUTE MEN ROAD
C-)o t
El L3 iv
88.".
CL
CL
Fx
EXHIBIT
EXEMPTED FROM RECORDATION
TAXES UNDER; SECTIONS
58.1-811(a)(3),
,@58.1-811(c)(4), AND
25.249
THIS DEED OF VACATION, made this 29th day of July,
1987, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, the first party, and THE SCHOOL BOARD OF
THE CITY OF VIRGINIA BEACH, the second party;
WHEREAS, by that certain plat entitled "PLAT OF
PROPERTY TO BE CONVEYED TO PRINCESS ANNE COUNTY SCHOOL BOARD
BAYSIDE MAGISTERIAL DISTRICT PRINCESS ANNE COUNTY, VA. SCALE:
1"=100' APRIL 2, 1962 PREPARED BY FRANK D. TARRALL JR. &
ASSOCIATES" and duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
@Book 55, at page 54, a 201 drainage easement was dedicated to
lithe City of Virginia Beach for a drainage easement; and
WHEREAS, by that certain plat entitled "PLAT SHOWING
!THE VACATION OF EXISTING 201 DRAINAGE EASEMENT AND DEDICATION OF
20' DRAINAGE EASEMENT TO THE CITY OF VIRGINIA BEACH, VIRGINIA
iBAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA" and which said plat is
'intended to be recorded simultaneously herewith but prior hereto
;@to which reference is made for a more particular description;
and
WHEREAS, the first party has agreed to vacate a
portion of said drainage easement and the second party has
agreed to dedicate an alternate drainage easement by Deed of
'Dedication, acceptable to the City of Virginia Beach, to be
,recorded simultaneously herewith but prior hereto; and
WHEREAS, the first party will have no further need in
isaid portion of the drainage easement to be vacated.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual benefits
accruing or to accrue to the parties hereto and other good and
valuable consideration, the receipt of which is hereby
knowledged, the first party does hereby release, terminate,
,lac
@irelinquish and vacate all of its right, title and interest in,
jito and under the following described property, to-wit:
All that certain portion of the tract or
parcel of land with the improvements
thereon and the appurtenances thereto
belonging, lying, situate and being in the
City of Virginia Beach, Virginia and being
designated and described as 11201 DRAINAGE
EASEMENT HEREBY VACATED TO THE CITY OF
VIRGINIA BEACH SCHOOL BOARD. AREA = 0.1482
AC." as shown as dotted area on that
certain plat of survey entitled "PLAT
SHOWING THE VACATION OF EXISTING 20,
DRAINAGE EASEMENT AND DEDICATION OF 201
DRAINAGE EASEMENT TO THE CITY OF VIRGINIA
BEACH, VIRGINIA BAYSIDE BOROUGH VIRGINIA
BEACH, VIRGINIA SCALE: 1"=100' MAY 12,
1987" made by CEGG, The CEGG Partnership
Architects-Engineers-Surveyors, which said
plat is intended to be recorded
simultaneously but prior hereto to which
reference is made for a more particular
description.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused this instrument to be executed in its name and behalf
@this the day of 1987.
2
At 7@
CITY OF VIRGINIA BEACH,
si L". a municipal corporation
Thomas H. Muehlenbeck, City
Manager
@(SEAL) C!TY
ATTEST:
'Ruth Hodges Smith, City
Clerk
STATE OF VIRGINIA
iCITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that Thomas H. Muehlenbeck, City Manager for the CITY OF
VIRGINIA BEACH whose name is signed to the foregoing writing,
@bearing date the 29th day of July, 1987, has acknowledged the
@same before me in my City and State aforesaid.
Given under my hand this day of
1987.
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
3
iVIRGINIA BEACH whose name is signed to the foregoing writing,
@;lbearing date the 29th day of July, 1987, has acknowledged the
@lsame before me in my City and State aforesaid.
Given under my hand this day of
@1987.
Notary Public
'My Commission Expires:
WCB/rab
@7/29/87
4
EXHIBIT "C"
EXEMPTED FROM RECORDATION
'TAXES UNDER SECTIONS
58.1-811 (a) (3),
58.1-811 (c) (4), AND
2 5 . 2 4 9
THIS DEED OF DEDICATION is made this 29th day of
July, 1987, by and between THE SCHOOL BOARD OF THE CITY OF
VIRGINIA, party of the first part, and THE CITY OF VIRGINIA
@BEACH, a municipal corporation of the Commonwealth of
@virginia, party of the second part.
W I T N E S S E T H:
That for and in consideration of ONE DOLLAR ($1.00),
the receipt of which is hereby acknowledged, the party of the
first part does hereby grant, convey and dedicate, with General
warranty, drainage easement to the party of the second part,
its successors and assigns, including the right of ingress and
egress, described as follows:
All that certain lot, tract or parcel of
land together with improvements thereon
belonging, lying, situated and being in the
City of Virginia Beach, Virginia and
designated and described as: 11201 DRAINAGE
EASEMENT HEREBY DEDICATED TO THE CITY OF
VIRGINIA BEACH, VIRGINIA. AREA = 0.2298
AC." as shown on that certain plat
entitled: "PLAT SHOWING THE VACATION OF
EXISTING 201 DRAINAGE EASEMENT AND
DEDICATION OF 201 DRAINAGE EASEMENT TO THE
CITY OF VIRGINIA BEACH, VIRGINIA BAYSIDE
BOROUGH VIRGINIA BEACH, VIRGINIA SCALE:
1"=100' MAY 12, 1987 CEGG THE CEGG
PARTNERSHIP ARCHITECTS - ENGINEERS-
SURVEYORS." Said plat is attached hereto
and is to be and made a part hereof and is
to be recorded simultaneously herewith in
the Clerk's office of the Circuit Court of
the city of Virginia Beach, Virginia.
It being a part of the same property
conveyed to County School Board of Princess
Anne County Virginia by deed from John
Aragona, et als, dated May 15, 1957 and
recorded in Deed Book 501, at page 216 in
the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia.
It is agreed between the parties hereto that the
'party of the second part and its agents, assigns, and/or
@Successors shall have the right to inspect the said easement
,and to cut and clean all undergrowth and remove other
,Obstructions adjacent to the easement and to make use of the
adjacent property for ingress and egress and for other
activities necessary to construction, reconstruction,
alteration, operation, and maintenance of proper drainage.
The party of the first part covenants that it is
seized in fee simple of the said property and has the right to
@@Convey the said property to the party of the second part; that
it has done no act to encumber the same; that the party of the
second part shall have quiet and peaceable possession of the
Same; and that the party of the first part, will execute such
further assurances of title as may be requisite.
Witness the following signatures and seals.
THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH
7-Fleitcher, Chairman
2
CCNZ@
(SEAL) A/ 0
'IIATTEST:
APPROVE[,' t-
Dr. Fred G. Benham, Clerk
STATE OF VIRGINIA
.CITY OF VIRGINIA BEACH, to-wit:
I a Notary Public in
@iand fo@the Wty and State aforesaid, do hereby certify that
iiJames N. Fletcher, Chairman for THE SCHOOL BOARD OF THE CITY OF
!VIRGINIA BEACH, whose name is signed to the foregoing writing,
bearing date the 29th day of July, 1987, has acknowledged the
same before me in my City and State aforesa
Given under my hand this day of
1987.
@otary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF H, to-wit:
i, a Notary Public in
and for Zhe Ci y@ and State aforesaid, do hereby certify that
Dr. Fred G. Benham, Clerk for THE SCHOOL BOARD OF THE CITY OF
3
@iVIRGINIA BEACH, whose name is signed to the foregoing writing,
bearing date the 29th day of July, 1987, has acknowledged the
same before me
in my City and State aforesaid.
Given under my hand this /@ day of
19 87 .
,My Commission Expires: @iv
,WCB/rab
7/29/87
4
0
> & i@
JAINUTE MEN ROAD(@,
El Li
E9
- 38 -
Item IV-L-4-
CONSENT AGENDA ITEM # 28468
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 12th Street
to the Newcastle Motel, its 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 Virignia 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 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
I Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF 12TH
7 STREET TO THE NEWCASTLE
8 MOTEL, ITS ASSIGNS AND
9 SUCCESSORS IN TITLE
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent
14 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
15 amended, the Newcastle Motel, its assigns and successors in
16 title are authorized to allow and maintain a temporary
17 encroachment into the right-of-way of 12th Street.
18 That the temporary encroachment herein authorized is
19 for the purpose of allowing and maintaining an existing exposed
20 foundation to remain and be improved as a planting box and that
21 said encroachment shall be allowed and maintained in accordance
22 with the City of Virginia Beach Public Works Department's
23 specifications as to size, alignment and location, and further
24 that such temporary encroachment is more particularly described
25 as follows:
26
27 An area of encroachment
28 into a portion of the
29 City's right-of-way
30 known as 12th Street as
31 shown on that certain
32 plat entitled: "PLAT
33 SHOWING ENCROACHMENT INTO
34 12TH STREET R/W ADJACENT
35 TO LOTS 11, 12 AND 13-
36 BLOCK 13 VIRGINIA BEACH
37 PROPERTY," a copy of
38 which is on file in the
39 Department of Public
40 Works and to which
41 reference is made for a
42 more particular
43 description.
44
45 PROVIDED, HOWEVER, that the temporary encroachment
46 herein authorized shall terminate upon notice by the City of
47 Virginia Beach to any officer of the Newcastle Motel, its
48 assigns and successors in title and that within thirty (30) days
49 after such notice is given, said encroachment shall be removed
50 from the City's right-of-way of 12th Street and that the
51 Newcastle Motel, its assigns and successors in title shall bear
52 all costs and expenses of such removal.
53 AND, PROVIDED FURTHER, that it is expressly understood
54 and agreed that the Newcastle Motel, its assigns and successors
55 in title shall indemnify and hold harmless the City of Virginia
56 Beach, its agents and employees from and against all claims,
57 damages, losses and expenses including reasonable attorney's fees
58 in case it shall be necessary to file or defend an action arising
59 out of the location or existence of such encroachment.
60 AND, PROVIDED FURTHER, that this ordinance shall not be
61 in effect until such time that the Newcastle Motel executes an
62 agreement with the City of Virginia Beach encompassing the
63 afore-mentioned provisions.
64 Adopted by the Council of the City of Virginia Beach,
7 December 87
65 Virginia, on the _ day of 19
66
67
68 JAS/ih
69 11/02/87
70 CA-87-02492
71 (encroach\newcastl.ord) S 10 CONTENTS
mENT
,kpppoVED 4S To LEGAL
SU, F,CIE@@Cy ANP FOR@M
c",
2
THIS AGREEMENT, made this day of
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and NEWCASTLE
INC.,
MOTEL,AITS 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 exposed
foundation to remain and be improved as a planting box in the
.City of Virginia Beach; and
WHEREAS, in allowing and maintaining such an existing
exposed foundation to remain and be improved as a planting box,
it is necessary that the said party of the second part
encroach into a portion of an existing City right-of-way known
as 12th Street; and said party of the second part has requested
that the party of the first part grant a temporary encroachment
to facilitate such an existing exposed foundation to remain and
be improved as a planting box within a portion of the City's
right-of-way known as 12th Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
@of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use a portion of the City's right-
of-way known as 12th Street for the purpose of allowing and
maintaining such an existing exposed foundation to remain and
be improved as a planting box.
It is expressly understood and agreed that such
temporary encroachment will be allowed and maintained in
accordance with the laws of the Cormnonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as 12th
Street as shown on that certain plat
entitled: "PLAT SHOWING ENCROACHMENT INTO
12TH STREET R/W ADJACENT TO LOTS 11, 12 AND
13 - BLOCK 13 VIRGINIA BEACH PROPERTY," a
copy of which is attached hereto and to
wnich reference is made for a more
particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's right-of-way known as 12th Street 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 second part shall indemnify and hold harmless
2
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
lexistence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the party of the second part compensation for the use of such
portion of the City's right-of-way 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 if such removal shall not be made within the time ordered
hereinabove by this Agreement, the City shall impose a penalty
3
in the sum of One Hundred Dollars ($100.00) per day for each
@land every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties
in any manner provided by law for the collection of local or
state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
NEWCASTLE MOTEL, INC.
By@@1,4
President (Title)
(SEAL)
ATTEST:
Secretary (Title)
4
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 THOMAS H. MUEHLENBECK, 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:
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:
5
STATE OF VIRGINIA
CITY OF xxxx@x, to-wit:
tmf tf XK
I, 4 cf-rvt a Notary
Public in and for the City and State aforesaid, do hereby
certify that Fred B. Stricklanc President (Title)
lnc.,
on behalf of the Newcastle Motel,Awhose name is signed to the
foregoing writing, bearing date the 10th day of
November 19 s7 has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this /0 day of
19@
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRSINXAX]iUMH., to-wit:
NORFOLK
I, C--to rl'q A Cwo si' a Notary
Public in and for the city and state aforesaid, do hereby
certify that Lois D. Stricklanj Secretary (Title)
lnc
on behalf of the Newcastle Motel,Aw@@se name is signed to the
foregoing writing, bearing date the 10th day of
November 19 87 has acknowledged the same
before me in my City and State aforesaid.
6
Given under my hand this day of
19-.
Notary Public
My Commission Expires:
JAS/ih
CA-2492
(encroach\Newcastl.agr)
eIROVEiD AS
10@NTtNT9
LEGAL
7
ATLANTIC OCEAN
OCEAN AVE. (UNDEVELOPED)
RAIS
CO)VC. FOOTING ENA?O. AS SHOWN
ED
S 07' 15' OO"E 155.00'(F)
P 0 R C H r-i C.S.
4 STY BR. BLDG.
NEWCASTLE MOTEL A
'k
PORCH
EX, CURS
(b GUTTER
zr
j
N 07'is' 00"W 155.00'(F)-
ATLANTIC AVENUE (80' RIW)
PLAT SHOWING ENCROACHMENT INTO
12th STREET RIW
ADJACENT TO
LOTS //, 12 and /3- BLOCK 13
VIRGINIA BEACH PROPERTY
M.,9. / P. 23A and 23B
VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VA.
SCALE i 20' MADE FOR 16 JULY 1987
FRED STRICKLAND
Gallup Surveyors & Engineers, Ltd.
3 i 5 First Colonial Road
VIRGINIA BEACH, VIRGINIA 23454
- 39 -
Item IV-L-5
CONSENT AGENDA TTEM # 28469
In response to Couricilwoman Henley's inquiry, City Engineer Donald Trueblood
advised there were individuals required to remove encroachments along the
entire Resort Beach. This situation does not apply relative to this particular
encroachment. This particular encroachment is on an Inlet feeding into a Lake
at Mount Trashriore. Donald Trueblood advised this was a minor obstruction.
Councilwoman Henley referenced encroachments which were not on the Ocean Front,
one on a street between Atlantic and the Ocean Front in which the City required
the gentleman to remove a very small split rail fence simply installed to keep
people from parking on his driveway. Another instance was in Bayside involving
an irrigation system.
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portioii of the right-of-way of llth Street
to J. Thomas Nicholson and Elicenia B. Nicholson,
their heirs, 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 becorqe unsightly or a hazard.
4. Prior to any construction within the existing
nublic right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
5. Prior to issuance of a Higliway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000-00)
6. No filling will be allowed in the City right-of-
way, as it is a floodway.
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 Mei.-ibers Voting Nay:
None
Council Members Absent:
None
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF 11TH
7 STREET TO J. THOMAS
8 NICHOLSON AND ELICENIA B.
9 NICHOLSON, THEIR HEIRS,
10 ASSIGNS AND SUCCESSORS IN
11 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, J. Thomas Nicholson and Elicenia B. Nicholson, their
18 heirs, assigns and successors in title are authorized to
19 construct and maintain a temporary encroachment into the
20 right-of-way of llth Street.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a wooden fence
23 and gazebo and that said encroachment shall be constructed and
24 maintained in accordance with the City of Virginia Beach Public
25 Works Department's specifications as to size, alignment and
26 location, and further that such temporary encroachment is more
27 particularly described as follows:
28
29 An area of encroachment into a
30 portion of the City's right-of-way
31 known as llth Street as shown on
32 that certain plat entitled:
33 "PHYSICAL SURVEY OF LOT 7 WINDSOR
34 WOODS, SECTION 7-B, PART 2 4008 OLD
35 FORGE ROAD VIRGINIA BEACH, VIRGINIA
36 FOR J. THOMAS NICHOLSON & ELICENIA
37 B. NICHOLSON,,, a copy of which is
38 on file in the Department of
39 Public Works and to which reference
40 is made for a more particular
41 description.
42
43 PROVIDED, HOWEVER, that the temporary encroachment
44 herein authorized shall terminate upon notice by the City of
45 Virginia Beach to J. Thomas Nicholson and Elicenia B. Nicholson,
46 their heirs, assigns and successors in title and that within
47 thirty (30) days after such notice is given, said encroachment
48 shall be removed from the City's right-of-way of llth Street and
49 that J. ThomaS Nicholson and Elicenia B. Nicholson, their heirs,
50 assigns and successors in title shall bear all costs and
51 expenses of such removal.
52 AND, PROVIDED FURTHER, that it is expressly understood
53 and agreed that J. Thomas Nicholson and Elicenia B. Nicholson,
54 their heirs, assigns and successors in title shall indemnify and
55 hold harmless the City of Virginia Beach, its agents and
56 employees from and against all claims, damages, losses and
57 expenses including reasonable attorney's fees in case it shall be
58 necessary to file or defend an action arising out of the
59 location or existence of such encroachment.
60 AND, PROVIDED FURTHER, that this ordinance shall not be
61 in effect until such time that J. Thomas Nicholson and Elicenia
62 B. Nicholson execute an agreement with the City of Virginia Beach
63 encompassing the afore-mentioned provisions.
64 Adopted by the Council of the City of Virginia Beach,
65 Virginia, on the 7 day of December 19 87
66
67
68
69
PROVED AS TO CONTENTS
70
71 JAS/ih
72 10/20/87
73 CA-87-2484
74 (encroach\nicholso.ord) 1,AENT
APPROVED AS TO LEGAL
SU,cFICIENCY AND FORM
r)
Til') CITY ATTOIZNEY
2
THIS AGREEMENT, made this ;--7Aday of ac-7-043,E@
@l9@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and J. THOMAS
!NICHOLSON and ELICENIA B. NICHOLSON, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
second part to construct and maintain a wooden fence and gazebo
in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such wooden
fence and gazebo, it is necessary that the said parties of the
second part encroach into a portion of an existing City right-
of-way known as llth Street; and said parties of the second
part has requested that the party of the first part grant a
temporary encroachment to facilitate such wooden fence and
gazebo within a portion of the City's right-of-way known as
@illth Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the
parties of the second part and for the further consideration of
i!One Dollar ($1.00), in hand paid, to the said party of the
first part, receipt of which is hereby acknowledged, the party
of the first part doth grant to the parties of the second part
a temporary encroachment to use a portion of the City's right-
of-way known as llth Street for the purpose of constructing and
maintaining such wooden fence and gazebo.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, aligrunent and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as llth
Street as shown on that certain plat
entitled: "PHYSICAL SURVEY OF LOT 7
WINDSOR WOODS, SECTION 7-B, PART 2 4008 OLD
FORGE ROAD VIRGINIA BEACH, VIRGINIA FOR J.
THOMAS NICHOLSON & ELICENIA B. NICHOLSON,"
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 shall terminate
upon notice by the City of Virginia Beach to the parties of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
City's right-of-way known as llth Street by the parties of the
second part; and that the parties of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that
,,the parties of the second part shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees,
,'from and against all claims, damages, losses and expenses
2
iincluding reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such temporary encroachment.
it is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the parties of the second part.
It is further expressly understood and agreed that
the parties of the second part must obtain a permit from the
Highway Inspections Bureau prior to commencing any construction
'@within the City's right-of-way.
It is further expressly understood and agreed that
@iprior to issuance of a Highway permit, the parties of the
second part must post a Performance Bond and show proof of
public liability insurance of a minimum of Three Hundred
!'Thousand Dollars ($300,000.00).
It is further expressly understood and agreed
that no filling will be allowed in the City right of way as it
11 is a floodway.
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 parties of the second part, and
3
collect the cost in any manner provided by law for the
,!collection of local or state taxes; may require the parties of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the parties of the second part compensation for the use of such
portion of the City's right-of-way encroached upon the
@iequivalent of what would be the real property tax upon the land
so occupied if it were owned by the parties of the second part;
iand if such removal shall not be made within the time ordered
I
!,hereinabove by this Agreement, the city shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each
@and every day that such encroachment is allowed to continue
!thereafter, and shall collect such compensation and penalties
l'in any manner provided by law for the collection of local or
@istate taxes.
CITY OF VIRGINIA BEACH
By
(SEAL) City Manager
ATTEST:
City Clerk
4
B
@J. Thomas Nicholson
By
Eli@nia B. Nicholson
STATE OF VIRGINIA
l@CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that THOMAS H. MUEHLENBECK, City Manager for the CITY
'IOF 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
Iaforesaid.
GIVEN under my hand this day of
19
Notary Public
My Cormnission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
,,Public in and for the City and State aforesaid, do hereby
5
@icertify that RUTH HODGES SMITH, City Clerk for the CITY OF
'IVIRGINIA BEACH, whose name is signed to the foregoing Agreement
@@bearing date on the .- day of 19
has
i@acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
iISTATE OF VIRGINIA
ilCITY OF VIRGINIA BEACH, to-wit:
a Notary
i@Public in and for the City and State aforesaid, do hereby
;@certify that J. Thomas Nicholson, whose name is signed to the
iforegoing writing, bearing date the day of
19 has acknowledged the same
ilbefore me in my City and State aforesaid.
Given under my hand this day of
19
Notary PUblic
My Commission Expires:
6
ISTATE OF VIRGINIA
ICITY OF VIRGINIA BEACH, to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby
certify that Elicenia B. Nicholson, whose name is signed to the
@@foregoing writing, bearing date the day of
acknowledged the same
19 has
[before me in my City and State aforesaid.
Given under my hand this
day of
19-
Notary Public
My Commission Expires:
CON-F EI,4 i
JAS/ih UR
10/20/87
I'CA-2484
(encroach\nicholso.agr) ENT
APPROVED AS TO LEGAL
SUFFIC!ENCY
T
7
E tiEREBY I)ECL.RE T14AT ON SURVEYED THE PROi'ERTY SH.WN @IEREON7TTIAT T
THE WAIL@ F THL UUILDI@G@S ) ARE AS STIOWN . THAT THE BUILDINO (S) STAND STRICTLY WITHIN Tit ERE
ARL NO ENCROACKIMENTS OF THER OU.LDI"05 ON THE PROF-ERTY EXCEPT, AS SHOWN , AND THA
APPEARU TO FALL WITHIN ZONEA-ZIC, AS SHO@N ON THE FEDERAL/F EMER Y MANAGE.F
INSURANCE HATE AP FOR TtlE CITY STATE[) BELOW. COMM D
REVISED I
EN4)INEERING SERVICES I.'JC.- By.
(3ERARD P. BRUNICK , JX., t
-9- PROFESSIONAL LAND S
'710 5.3 E 5.14'
r%
L) FLOOC)W@y-
< r
0
0
0
u,
w C)
w
2 7. -Z
LU
IOIZ.41'
N -710
OLO @AO ClbO')
P14YSICAL 'BOP-VEY
OF LCrr 7
WINDSOIZ WOODS @=.--riofq
1)@@ a 7-13 FAIZT 2
OLD FO@01%--7E P-OAO
VliZGINIA E3EACH.,VIFZGINIA
FOIZ
J. T140MAe> MICHOT-@ @ELICR-NIA 15. NIC14OLSOt4
engineering services inc
Civil Engineering - Land Surveying
3351 Stoneshore Road Suite 100
Virginia Beach Virginia 23452 (804)468-6800
- 40 -
Item IV-L.6.
CONSENT AGENDA ITEM # 28470
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing License Refunds in the
amount of $15,612-27 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
FORM NO C@A 8 REV 3@
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
Vietor, Inc.
505 Bamboo Lane
Virginia Beach, VA 23452 1985-87 Audit 60.36 60.36
W. H. Belanga & Assoc., Inc.
1397-c Air Rail Avenue
Virginia Beach, VA 23455 1984-86 Audit 1,657.75 1,657.75
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form-,
XD&lb Bims@
/C ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 8 I . 7 1 8 1 1 were approved by the Council
7 December 87
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM .0 C.A. 8 REV,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Gommissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Palmer & Co.
4300 Holly Road
Virginia Beach, VA 23451 1985-87 Audit 190.72 190.72
Realty Counsellors, Inc.
236 Mustang Trail
Virginia Beach, VA 23452 1985-87 Audit 1,238.90 1,238.90
Wayne S. Umphlett
T/A Ump's
286 Sedgefield Avenue
Virginia Beach, VA 23462 1983-84 Audit 36.92 36.92
Certified as to Payment:
1/@ -
@obert P. Vaughan
Commissioner of the Re@.e
Apprgved as to form!
Bim- @n
D.6 i@ s
,/'City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling@ were approved by the Council
of the City of Virginia Beach on the 7 day of December '19 87
Ruth Hodges Smith
City Clerk
IO.. @,) C.@ @ HEI, 1-
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 appiications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Joy's Shop Inc.
T/A Joys Hallmark Shop
123 Lynnhaven Crossiiig
Virginia Beach, VA 23452 1985 Audit 76.92 76.92
Vasilious M. Margaritis
T/A Margaritis Tastee Freez
2201 Hidden Creek Court
Virginia Beach, VA 23454 1986-87 Audit 72.56 72.56
Bertrand H. O'Brien
T/A Bert's Pizza & Stuff
4717 Windshore Drive
Virginia Beach, VA 23455 1987 Audit 89.39 89.39
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
App/oved as to form:
@/Da-fe Bimso@
i
gity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $?IR-R7 were approved by the Council
of the City of Virginia Beach on the 7 day of December .1987
Ruth Hodges Smith
City Clerk
FORM NO C.A, 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Bay Drywall Inc.
4510 Holland Office Park
Virginia Beach, VA 23452 1985-86 Audit 74.54 74.54
Alfred S. Beaver
T/A The Gun Shop, Inc.
916 Townsend Drive
Virignia Beach, VA 23452 1985-86 Audit 192.29 192.29
Michael & Lisa Fisher
T/A Virginia Services
3720 Gladstone Drive
Virginia Beach, VA 23452 1987 License 68.53 68.53
Certified as to Payment:
@Robert P. Vaughan
Commissioner of the Paenue
Approved as to forrn:
[)ale @imso'n
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ .16 were approved by the Council
of the City of Virginia Beach on the day of December 19 87
Ruth Hodges Smith
City Clerk
FOFIM NO. C.A@ 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Ponafty lnt. Total
Year Paid
My Dad's Italian Delights Inc.
2770 Heutte Drive
Norfolk, VA 23518 1986-87 Audit 76.04 76.04
RIHT Mortgage Corp.
621 Lynnhaven Parkway, S-170
Virginia Beach, VA 23452 1985-86 Audit 2,702.84 2,702.84
Roebuck/Johnson Design Group, Inc.
4540 Bonney Road
Virginia Beach, VA 23462 1985-87 Audit 335.64 335.64
Certified as to Payment:
, @
@obert P. Vaughan
Commissioner of the Revenue
as to form:
IMS-OW
--TDa@le'B@
Ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $-I l 1 4 1;2 were approved by the Council
of the City of Virginia Beach on the 7 day of December 1987
Ruth Hodges Smith
City Clerk
FORM NO. C.A 6 @V.
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 int. Total
Year Paid
Chez Andre' Deli Ltd.
5905 High Street, West
Portsmouth, VA 23703 1985-86 Audit 35.50 35.50
M. S. Frate & R. M. Vaughan
T/A M & M Marketing
1820 Sheringham West
Virginia Beach, VA 23454 1984-85 Audit 118.75 118.75
Multi-Dental Care Inc.
T/A Multi-Dent
4300 Ben Gunn Road
Virginia Beach, VA 23455 1985-86 Audit 271.86 271.86
Certified as to Payment:
bert P. Vaughan
Commissioner of the Revenue
A d as to forn):
711
@ D@al'e dim@on/
This ordinance shall be effective from date of /City Attorney
adoption.
The above abatement(s) totaling S 4 2 6 - I 1 were approved by the Council
of the City of Virginia Beach on the 7 day of December 119 87
Ruth Hodges Smith
City Clerk
FORM t4D. C.A. 8 MV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Ace Floorcovering Service
5121 Princess Anne Road
Virginia Beach, VA 23462 1985-86 Audit 98.56 98.56
Annalog Inc.
T/A New England Log Homes Of Tidewater
608 Cindy Court
Virginia Beach, VA 23464 1985-86 Audit 112.01 112.01
Patricia Brown
T/A P D B Investments Associates
9 Lake Forrest Court
Portsmouth, VA 23701 1984 Audit 11.25 11.25
Certified as to Payment:
@obert P. Vaughan
Commissioner of the e@venue
Approved as to form:,
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $221 8 2 were approved by the Council
7 December 87
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C@A. 8 FTEV 3106
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty lnt. Total
Year Paid
Professional Painters, Inc.
4585 Bob Jones Drive
Va. Beach, VA 23452 1987 Audit 170.00 170.00
Richard S. Bartley & Assoc. Inc.
1605-A Laskin Road
Va. Beach, VA 23451 1986-87 Audit 5,178.16 5,178.16
Certified as to Payment:
Wo-bert P. Vaug@an
Commissioner of the Revenue
Approved as to for
D@@6 Bimso(n
This ordinance shall be effective trom date of City Attorney
adoption.
The above abatement(s) totaling $li,14R-16 wereapprovedbythecouncil
7 December 87
of the City of Virginia Beach On the-- day of 19 -
Ruth Hodges Smith
City Clerk
NO. CA 8 REV@ 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Michael T. Carey
T/A Michael T. Carey
1644 Lola Drive
Va. Beach, VA 23464 1987 License 30.00 30.00
Dr. J. T. Goode, III
100 Ridge Road
Va. Beach, VA 23451 1986-87 Audit 449.56 449.56
Marsha N. Bartley, Ltd.
1605-A Laskin Road
Va. Beach, VA 23451 1986-87 Audit 2,263.22 2,263.22
Certified as to Payment:
@o ert P. Vaughan
Commissioner of the Revenue
Approved as to form;
-J/Dal@Bimsorv'
This ordinance shall be effective from date ot @ity Attorney
adoption.
Theaboveabatement(s)totaling S2,742,78 were approved by the Council
ot the City of Virginia Beach on the '7 day of December '19 87
Ruth Hodges Smith
City Clerk
Item IV-L.7
CONSENT AGENDA ITEM 28471
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$714.64 upon applicatio.1 of Certain Persons and
upon Certification of the City Treasurer.
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
ORM NO. C.A. 7 11 /1 7/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Y ear of Tax Number ti on No. p .id
Robert T Reynolds 87 RE(2/2) 81336-1 10/5/87 48.00
Ignaz PMDJarbadan 87 RE(2/2) 51010-7 9/17/87 36.80
Sovran Mortgage Corp 85 RE(1/2) 39098-9 12/5/84 17.02
Sovran Mortgage Corp 85 RE(2/2) 39098-9 6/5/85 17.02
Daisy E Malbon 87 RE(1/2) 63033-5 12/5/86 200.00
Daisy E Malbon 87 RE(2/2) 63033-5 8/11/87 225.28
Sovran Mortgage Corp 86 RE(1/2) 49554-4 12/5/85 43.78
Sovran Mortgage Corp 86 RE(2/2) 49554-4 6/5/86 43.78
Sovran Mortgage Corp 87 RE(1/2) 51918-0 12/1/86 36.48
Sovran Mortgage Corp 87 RE(2/2) 51918-0 6/5/87 36.48
Gary W Crawford N/A Pkng 119240 8/13/87 10.00
Total 714.64
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as t
were approved by
the Council of the City of Virginia
-1987
Beach on the@ day of
- A ved as to form:
Ruth Hodges Smith
City Clerk
-J,/'D@l@Bim-son', City Attorney
- 42 -
Item IV-L.8
CONSENT AGENDA ITEM # 28472
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing Special Tax Refunds in the
amount of $71.15 upon application of Certain
Persons and upon Certification of the Commissioner
of the Revenue.
Voting: 11-0
I
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
FORM NO@ C.A. 8 REV, 3ft
SPECIAL T.AX
AN ORDINANCE AUTHORIZING EFUNDS
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 Penalty Int. Total
NAME Year Paid
Lighthouse Realty 1987 6/1/87 71.15 71.15
1092 Laskin Road, Suite 106
Virginia Beach, VA 23451
Certified as to Payment:
Wobert P. Vaughan@
Commissioner of the Revenue
Approved as to form:
'j/Dai@'Bimson
This ordinance shall be effective from date of ity Attorney
adoption.
The above abatement(s) totaling $71 11 were approved by the Council
ot the City of Virginia Beach on the 7day of December 19 87
Ruth Hodges Smith
City Clerk
- 43 -
Item IV-M.a-h
APPOINTMENTS ITEM # 28473
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS until the
City Council Meeting of December 21, 1987:
ARTS AND HUMANITIES COMMISSION
COMMUNITY SERVICES
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
SCHOOL BOARD
SEVAMP Board of Directors
TIDEWATER DETENTION HOME
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
- 44 -
Item IV-M.i.
APPOINTMENTS ITEM # 28474
ADD-ON
Upon NOMINATION by Councilwoman McClanan, City Council RFAPPOINTED to the
HISTORICAL REVIEW BOARD:
James H. Agles
for a Two,(2) year term
November 1, 1987 to October 31, 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
45 -
COMMUNITY DEVE'LOPMENT
GRACETOWN ITEM # 28475
R. E. Driver, President, Graceto@m Civic League, 1544 Fuller Lane, Phone: 464-
9422 distributed a PETITION from the GRACETOWN CIVIC LEAGUE in opposition to
the overall community improvement project. The TARGET COMMUNITY was to have
sidewalks and gutters, not ditches. (Said petition, to be made a part of
the record, advised there is approximately $27,201,520.00 of unclaimed
funds (FCDBG estimated revenue by source page 2, column (a) that has not been
received due to the Fenderal Office of Management and their requirment that
funds requested be spent within three (3) days. R. E. Driver requested an
interpretation of the words I'swales and ditches". Mr. Driver was under the
opinion the maximum depth of a swale would be from 1 to 2 feet. The deepest
point of the "ditches" is aiong Weldon and Cullen Roads . The total funds
appropriated to GRACETOWN from the third year through the twelfth is $
2,070,510-00.
Herman Wilder, Sr., 11504 Frost Road, Pholle: 464-6502
Donald Wright, 4700 Weldon Street, Phone: 464-4109
Joesph Lee, Sr., 1532 Frost Road, Phone: 464-2039
Councilman Perry distributed information relative the TARGET NEIGHBORHOODS and
advised the MINUTES of the CAC in the earlier years were incorrect as they were
not recorded. (Said Le@lters are hereby made a part of the record).
Councilwoman Henley referenced docu@nentation relative GRACETOWli. Relative a
Memorandum of November 8, 1982, from Benjamin Moore, Director of Housing and
Community Development. During 1981, an Engineering Consulting firm developed a
plan for GRACETOWN and presented the prel-*@minary project plans to GRACETOI,@TN
property owners. At that time, The City would have used the standard 50-foot
right-of-way and all improvements would have been made; however, the
neighborhood rejected that plan because they desired a second access into the
neighborhood. Councilwoman Henley read minutes from various CAC MEETINGS.
which reflected that John Perry had made the MOTION to reject same until Smokey
Lane was improved as an access from Independence. Copies of all documentation
will be made availble to City Council, should they desire.
Vice Mayor Obernodrf advised where open ditches are to be installed, the
residents need to be apprised, so there will be no misunderstandings. The word
"swales" should no longer be utilized with "open drainage" and "ditches"
substituted.
BY CONSENSUS, City Cuncil directed the City Staff to develop a chronology of
events and an accounting of COMMUNITY DEVELOMENT BLOCK GRANT YUNDS
received/expended. The Staff will include in their report alternatives
available and possible development charges.
- 46 -
Item IV-N.2
UNFINISHED BUSINESS ITEi',l #28476
ADD-ON
Councilman Baum advised with further reference to TRANSFER OF DEVELOPMENT
RIGHTS, there are 40 to 50,000 acres of high land below the GREEN LINE. To buy
development rights, this would entail approximately $1,000 to $2,000 an acre on
agricultural-type land wllich would most probably total $100 MILLION. Councilman
Baum believed this concept to be pure theory.
Councilwoman Henley advised this particular concept does entail a number of
unanswered questions. If an attempt is not made to answer these questions, then
the opportunity for this particular effort will be lost to the City. This
concept has been utilized in other areas. Recognizing the fact the City has the
potential for development by right according to the tresent Comprehensive Land
Use Plan and the present Zoning, which will cause the extension of services and
address the question without all the needed information, the City needs to
proceed with the Study. If the concept is determined to be beyond the scope of
the City, an abundance of insight will still be gained. The Cost of the Study
would not be lost.
Mayor Jones advi-sed the essence of the concept 'ITPANSFER OF DYVELOPMENT RIGHTS"
will be developed.
The City Staff will develop a working document of a Scope of work for City
Council to peruse and provide direction to the Staff.
- 47 -
Item IV-0/1.
NEW BUSINESS ITEM # 28477
The Interim Financial Statement of the period of July 1, 1987 through October
31, 1987 was distributed to City Council.
Giles Dodd, Assistant City Manager for Administration, will prepare a BRIFFING
to City Council at the beginning of the FORMAL SESSION on December 14, 1987.
- 48 -
Item IV-0.1.
NEW BUSINESS ITEM # 28478
ADD-ON
Councilwoman McClanan distributed an INVITATION LIST for the COMMEMORATIVE
SESSION TWENTY-FIFTH ANNIVERSARY. This COMMEMORATIVE SESSION will be SCHEDULED
for 10:00 AM., Friday, January 1, 1988, in Courtroom No. 7.
If City Council has any additions or deletions to said list, please advise the
City Clerk.
Councilwoman McClanan advised she will also request the City Council's
authority to proceed with the printing of invitations and a COMMEMORATIVE
MARKER. Same will be discussed further at the City Council Meeting of December
14, 1987.
- 49 -
Item IV-P.
ADJOURNMENT ITEM # 28479
Upon motion by Councilman Baum and BY ACCLAMATION, City Council AWOURNED the
Meeting at 8:32 P.M.
dorf
Chief Deputy City Clerk
,Ruth Hodg6 Smith, CMC bert
City Clerk t@yor
City of Virginia Beach
Virginia