NOVEMBER 2, 1987 MINUTES
Cit@ C),f
"WORLD'S LARGEST RESORT CITY"
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281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGRNIA BEACH, VIRGINIA 23456-YM
[8041 427 403
VIRGINIA BEACH CITY COUNCIL
AGENDA
2, 1987
ITIM I. CCUNCIL SESSION - Oonference Rom - 12:30 PM
A. CITY COUNCIL
ITTM II. MM@ SESSICN - @ererice - 1:00 PM
A. MM TO ORDER - @ycr Pobert G. Jones
B. RDLL CALL CF CCUTUIL
C. RHMSS TO @ION
ITEM III. FO@ SESSION - Cbuncil Chamber - 2-00 P14
A. INVOCATION: Rabbi David J. Abrarns
@ple anan@l
B. PLEDGE CF ALLBGW= T() THE FLAG (F THE UNLTED SIATES (:)F AMERICA
C. ELIRTIUNIC ROI.T- CML CF CITY CC(JTCIL
D. ADOPTION OF ITEKS FOR THE FO@ ACENDA
E. S
1. SPECIAL E)EcuriVE SESSTON - octc)ber 23, 1987
2. IKEO@ & FORML SESSIOLZ - Octcber 26, 1987
F. PROCLAMTION
1. I\brfolk 9tate- Univ-sity' s @coro hinual Pride hbc-,k
Nck7@er 1-7, 1987
G. P(IRT-TC
1.
a. IDERATION of tile application of Micbael S. for a
cbrijitional Use Pemit for a day care center located on the
@uth side of culver @, 345.34 feet East of Ash-acre I)rive,
containing I acre (Princk-ss Aine Ibrough) -
DENIED by City ODuncil on @pt@er 21, 1987 and aluthorized
RBCOIZIDERATION on I\bvenbe-r 2, 1987.
b. @ication of Metrcwert, Im. for a Change of Zon@ frcm A-1
Apartnent District to o-i offic-- District at the @uthe s@t
corner of rosemnt lbad and Alaba- lbad on Lc)ts 1-7, 13lock 6,
Pecan Gardens, containing 15,246 square feet (Lynnhaven
B=ugh) .
peccmmeridation: APPROVAL
c. Applications of Galore Associates for (hanges of Zo@ on
property located @st of Hollard lbad, 1900 feet mcre or less
south of tbnet Drive (Princess Pnne BDro@h):
Ftcrn AC,-l AgricLiLtural District to R-6 Pesidential District,
15.65 acres;
AND,
@an AG-2 AgricLiltural DISLrLct to R@ Residential District,
2.35 acres.
re ation: APPROVAL FOR BOM APPLICATICNS
d. @ication of mi..Iton Munkeby for a Vari@e to SEction 4.4(b)
of @ subdivisidn Ordinance valich requires a minirnun lot width
of 125 feet for lots in the R-1 Residential District on
property located at the Wutheast corner of Shcrehaven Crive
and Gravatt Lane (Lynnhaven lbro@h)
Reccm-nen,lati.on: D@
H. CIONSENR AGENE)A
All matters listed under the (bn@-,nt Agenda are considered in the
ordinary cr)urse of bus@ss by City Cburr-il and will be enacted by one
@ion in the form listed - if an it@ is r@cved frcrn the Cbnsent
Agenda, it will be discussed and voted updn separately.
1. CAEIIMTION of the appc)intment of Patricia L. kleat as Assistant
City Attorney effective NcvErrber 1, 1987.
2. Crdinance to AMEND and PEO@ Section 2-4 of the ODde of the City
of Virginia Wach, Virginia, relating to the reorgadzation of
certain Et)lice Agencies and char@red and nDrichartered Voluateer
Fire De s and Rescue Squads as an integral part of the
official Public Safety Progran of the City of Virginia ihach.
3. Crdinanc(-- to and F=RDAIN @ct,On 21-116 of the Cbde of the
City of Virginia @ach, virginia, pertaining to windshield
tintuig/shad@.
4. erdinance uron SECCND FEADING to and APPROPRIATE graits in
the amlint of $37, @ frcm the Virginia Areawide Model
@an, lw. (SEVAMP) to provide var-i-ous support services to the
elderly:
IDepartuent of Nbntal fbalth md Mental Petardation $33,472
Departrnent of Health $ 4,412
5. Ordinance upon FIRSR WMING to ACCEPR and APPROPRIATE a $20,000
grmt frcrn the alth of Virginia, Department of Mines,
Mineral-r., and
AND,
$35,000 within the Department of Gemral Services to
uvestigate energy mmervation opt-ions in relation to lon@r@e
planning at the Municipal Oanter.
6. Ordinarce to TRANSFER furids in the @mt of 447,500 tc) purchase a
remittance processor:
Reserve for Cbntingemies $26,778
City Tr-easLzer's FY 1987-1988 Operating Budget $20, 729
7. Crdinaice to TRANSFER f@s in the amomt of $20,235 within the
Fire Departnient's FY 1987-1988 Operating Budget to replace t@
squirt vehicles.
S. FI@ DESIGN: en Parkuay Phase V (CIP 2-935).
9. AUTHORIZATION for the cx)nstruction of Projects to serve t@
residences at 541 North en in EY 1987-1988 at
apprcvimately $23,000.
10. Crdinance authorizing tax refunds in the anolnt of $8,488.65.
11. Ordin@e author-Lzing license refunds in the muunt of $5,130.39.
I. UNFINISHED BUS
J. NEiq BUSINESS
1. @quest for Mobile Hme Park to relocate and establish
eleven riew sites i-o oc)nfoltn to @tion 105(d) of the Ccmr-rehensive
Zoning Crdinance.
2. Secorid LD@st Bid to Oontr@rs Pavirig Cbmpany,- Inc. in the arnolint
of $126,938 fcr North indian River
intersection inprov@ts.
K. ADJ
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 2, 1987
The COUNCIL CONCERNS SESSION of the VIRGINIA BFACH CITY COUNCIL was called
to order by Mayor Robert G. Jones, in the Conference Room, City Hall Building,
on Monday, November 2, 1987, at 12:30 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28273
Mayor Robert Jones advised the copies of the COMPREHENSIVE ZONING ORDINANCE
Revisions had been distributed to City Council. Mayor Jones referenced the
suggestion to hire a consultant in land-use specialities to co-ordinate with
City Council the evaluation of the aforementioned revisions The other
suggestion was to SCHEDULE a series of WORKSHOPS as well as PUBLIC HEARINGS for
recommendations to be received from the Public.
The Consensus of City Council was not to utilize a Consultant.
Councilman Moss suggested taking the CZO document and applying it to the
remaining part of the City that is vacant. What would be the CAPITAL
IMPROVEMENT PROGRAM implications to the City and is the CZO affordable? If you
allow this type of development to proceed what would be the infrastructure cost
associated with this application? This information would assist in ascertaining
whether the CZO Ordinance is one the City can afford.
Councilman Balko felt the City Council should thoroughly review the CZO
themselves and not be informed in a capsulized rendition by a consultant. The
City Council should not be subject to a limited time frame.
Councilwoman Henley advised the Planning Commission had divided the
COMPREHENSIVE ZONING ORDINANCE Revisions into approximately five (5)
subcommittees and each provided an indepth look into the individual categories
and then made their presentation to the Planning Commission. Councilwoman
Henley suggested a Briefing from the Commissioners of each Subcommittee on
their particular category to explain their recommendations and the background
of said recommendations. At this particular point in time, the City Council
would have difficulty determining exactly what the Consultant would review.
BY CONSENSUS, City Council SCHEDULED WORKSHOPS on THE COMPREHENSTVE ZONING
ORDINANCE:
Monda.v, November 16, 1987 9:30 A.M.
Monday, November 23, 1987 1:00 P.M.
Mayor Jones referenced appointments to the VIRGINIA BFACH SCHOOL BOARD.
The City Clerk advised there were four (4) appointments expiring December 31,
1987: Robert W. Clyburn (At-Large), John A. Fahey (Lynnhaven Borough), James
N. Fletcher (At-Large), and Laura M. Tebault (Blackwater).
BY CONSENSUS, City Council SCHEDULED the PUBLIC HEARING relative vacancies in
the VIRGINIA BEACH SCHOOL BOARD:
14onday, November 30, 1987 4:00 P.M.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28274
Councilman Heischober referenced the Ordinance to AMEND and REORDAIN Section
21-116 of the Code of the City of Virginia Beach, Virginia, pertaining to
windshield tinting/shading. (See Ttem III-H.3 of the CONSENT AGENDA).
Councilman Heischober inquired as to whether the intent was relative the safety
of Police Officers. The City Attorney advised the purpose of the Ordinance was
to bring the City's Code into compliance with State Law.
Vice Mayor Oberndorf advised under Federal Law cars are allowed tinted glass.
Councilman Baum requested a Public Hearing to inform the Public of same.
Councilman Heischober requested the item be pulled for DEFERRAL.
The City Manager will schedule a BRIEFING by the Police Department relative
same.
Vice Mayor Oberndorf inquired as to what wouid occur with the vehicles that are
legally built with the tinted glass i.e, vans, broncos and trucks.
Councilman Heischober requested a distinction. There is a material that can be
put on the glass. Councilman Heischober did not read within the context of the
Code precisely if the glass itself can be tinted by the manufacturer and may be
acceptable.
ITEM # 28275
Councilman Balko referenced AUTHORIZATION for the construction of Sewer
Projects to serve two residences at 541 North Lynnhaven Road in FY 1987-1988 at
approximately $23,000. (See Item III-H.9 of the CONSENT AGENDA). One of the
houses involved will be worked on by the Rainbow Housing Group.
ITEM # 28276
Councilman Balko also inquired relative the Second Lowest Bid to Contractors
Paving Company, Inc. in the amount of $126,938 for North Landing Road and
Indian River Road intersection improvements. (See Item III-J.2 under NEW
BUSINESS). Councilman Balko inquired whether legal action might be taken to
request certain applicants not to Bid again. EAST COAST CORPORATION has been
unable to produce an acceptable bid bond or performance and payment bond for
the contract documents to be executed.
Aubrey Watts, City Manager-Elect, advised this particular firm will find it
extremeiy difficult to place their Bids as this is the same Company, FAST COAST
CORPORATION, who was declared a non-responsible bidder on October 26, 1987,
with relation to the Bid for improvements in the resort area along Atlantic
Avenue. On August 24, 1987, City Council AWARDED the construction contract to
East Coast Corporation ($588,073-25). East Coast Corporation had been unable to
produce the acceptable bid bond or performance and payment bond for the
contract documents to be executed.
ITEM # 28277
Councilman Perry referenced this has occurred in Community Development. The
Lowest Bidder for the last three jobs has not completed two of the jobs. The
City Attorney advised if they do not comply, a ban can be evoked for reasonable
grounds if City Council desires. Councilman Perry will notify the City Attorney
if a contract has been signed and then violated.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28278
Councilman Moss referenced FINAL DESIGN: Lynnhaven Parkway Phase V (CIP 2-
935). (See Item III-H.8 of the CONSENT AGENDA). Councilman Moss advised he had
several questions relative same. Kathleen Hassen, Administrative Assistant to
the City Manager, advised she had the responses to his inquiries.
TTEM # 28279
Councilwoman Parker distributed the REPORT ON THE INTERNATIONAL TRADE
CONYERENCE SPONSORED BY THE NATIONAL LEAGUE OF CITIES. (Said report is hereby
made a part of the record.)
Councilwoman Parker requested discussion at the next City Council Meeting.
Councilwoman Parker advised she had been co-ordinating with the City Staff and
the Bond Counsel relative the concept of mini-bonds, which is being used very
successfully in other areas throughout the United States although not utilized
as yet in the State of Virginia. The City Manager will prepare a presentation
relative this concept on November 16, 1987.
ITLM # 28280
The City Attorney introduced Patricia L. West, Assistant City Attorney,
effective November 1, 1987.
- 5 -
ITEM # 28281
The INFORMAL SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
November 2, 1987, at 1:05 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 6 -
ITF14 # 28282
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
F OR MA L S E S S ION
VIRGINIA BEACH CITY COUNCIL
November 2, 1987
2:00 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November
2, 1987, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Rabbi David J. Abrams
Temple Emanuel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 28283
Vice Mayor Oberndorf advised of an item to be ADDED under UNFINISHED BUSINESS.
Item III-D.2 ITEM # 28284
The City Clerk referenced an Ordinance to AMEND and REORDAIN Section 21-116 of
the Code of the City of Virginia Beach, Virginia, pertaining to windshield
tinting/shading. (See Item III-H-3 of the CONSENT AGENDA). This item will be
DEFERRED to allow the City Staff to review this Code Amendment with the City
Council relative any public comment.
Item III-D-3 ITEM # 28285
The Mayor advised of the addition of two Resolutions and an Ordinance after the
PROCLAMATION.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
9
Item V-E. 1
MINUTES ITEM 28286
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the MINUTES of the SPECIAL EXECUTIVE SESSION of October 23,
1987, and the INFORMAL & FORMAL SESSIONS of October 26, 1987, as AMENDED:
The City Clerk referenced Page 1 of the MINUTES of October 26, 1987:
Reba S. McClanan ENTERED: 4:10 P.M. NOT 5:10- P.M-
Same should correctly read:
Reba S. McClanan (ENTERED: 5:ig P.M. 4:10 P.M.)
Councilman Baum requested UNFINISHED BUSINESS, ITEM
# 28268, be AMENDED to read:
"Councilman Baum referenced the article relative
the truck cover Ordinance and requested Louis
Cullipher, Director of Agriculture, write a report
to Council Members concerning the methodology of
farmers loading trucks with grain and traveling to
grain elevators. A copy shall be sent to George
Herbert of the Virginia-Pilot/Ledger-Star."
As per Councilwoman Parker, ITEM # 28246, Page 20,
VIRGINIA BEACH MARLIN CLUB, INCORPORATED Condition
No. 2 shall be AMFNDED by inserting the word "for"
after the word "and" and before the words "the
existing restaurant".
2. There shall be no other uses other than parking
for the MARINA and for the existing restaurant.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
Item III-F.l.
pROCLAMATION ITEM # 28287
Mayor Robert G. Jones PROCLAIMED the week of November 1-7, 1987 as:
NORFOLK STATE UNIVERSITY'S SECOND ANNUAL PRIDE WEEK
Dr. Jesse Lewis, Vice President of Academic Affairs, ACCEPTED this
Proclamation.
This Proclamation commended Norfolk State University for its outstanding higher
education, academic program as well as its part in the history of Hampton Roads
and State of Virginia as a cultural enhancement and community-oriented
institution of higher learning. Norfolk State enrollment exceeds 7,450
students. Norfolk State now has nationally accredited programs which include
the School of Social Work; Corrective Therapy-Physical education; Food Science
and Nutrition; School of Education; Nursing (AS and BS); Medical Technology;
Medical Record Administration; Music (BS, MS and MM) and Technology Education.
loa -
Lin
WHEREAS, Norfolk State University is a public state-
supported fully accredited four-year institution of higher
learning and has become the third largest historically Black
institution in the nation; and
WHEREAS, Norfolk State University graduates students
from throughout America as well as Hampton Roads, with
approximately 800 students earning degrees annually; and
WHEREAS, Norfolk State's 33 departments offer 72 degree
programs, and Norfolk State is a leader in the fields of art,
social work, health-related professions, and the training of
minority students in the sciences; and
WHEREAS, Norfolk State's total enrollment exceeds 7,450
students. Being an affirmative action institution, the
University employs an international faculty totaling 400 of
which approximately 53 percent hold terminal degrees in their
respective disciplines; and
WHEREAS, Norfolk State now has nationally accredited
programs which include the School of Social Work; Corrective
Therapy-Physical Education; Food Science and Nutrition;
School of Education; Nursing (AS and BS); Medical Technology;
medical Record Administration; Music (BS, MS, and mm) and
Technology Education;
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim the week of November 1-7,
1987, as
NORFOLK STATE UNIVEAZSITY'S
SECOND ANNUAL PRIDE WF2K
in Virginia Beach and commend Norfolk State University for
its outstanding higher education, academic program as well as
its part in the history of Hampton Roads and the State of
Virginia as a cultural enhancement and cormnunity-oriented
institution of higher learning.
Robert G. Jones
Mayor
Item III-F.2.
ADD-ON ITEM 28288
The City Manager, Thomas H. Muehlenbeck, read his resignation submittal, as of
November 30, 1987. Said letter is hereby made a part of the proceedings.
The City Manager advised the City Council's commitment to effective government
is unequalled in Virginia. The City Manager advised he has been proud to serve
this Community.
The City Manager said he was especially proud of City Council's selection of
Aubrey Watts as the next City Manager. The City Manager recognized Aubrey
Watts as one of the most dedicated public servants he has ever had the
privilege with which to serve.
lla
OFFICE OF THE CITY MANAGER
(W') 427-1242 MUNICIPAL CENTER
VIAGINIA BEACH, VIRGINIA 23'N-M2
November 2, 1987
The Honorable Mayor
Members of the Council
Dear Council Members:
In accordance with City Ordinance, I am submitting my
resignation as City Manager of Virginia Beach effective
November.30, 1987.
Serving as your City Manager for the past five and
one-half years has been the highlight of my city management
career. The commitment this Council has to effective government
is unequalled in Virginia. I am proud to have served this
community and to have been a part of the many significant
accomplishments of the CitY COUncil. The city is being well
served by 5,000 of the most effective city employees I have had
the privilege to work with.
I am especially proud of Council's selection Of Aubrey Watts
as the next Virginia Beach City Manager. His integrity, honesty
and ethics are beyond reproach. Mr. Watts is one of the mo,t
dedicated public servants I have ever had the privilege to
serve with. His administrative direction will compliment
Council's policy direction.
Thanks again for giving me the opportunity to serve and
grow with you and the City of Virginia Beach.
Sincerely vours,
Thomas H.
THM.eh City Manag
cc: Mr. J. Dale Bimson, City Attorney
Mrs. Ruth H. Smith, City Clerk
Mr. Aubrey V. Watts, Jr., Deputy City Mariager
- 12 -
Item III-F-3-
RESOLUTION ITEM # 28289
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Perry, Ctiy Council
ADOPTED:
A Resolution extending City Council's
Congratulations to Thomas H. Muehlenbeck as City
Manager of Plano, Texas and to extend Best Wishes
to Thomas H. Muehlenbeck in his future.
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
- 12a -
1Requested by: Vice-Mayor oberndorf
2
3
4
5
6 A RESOLUTION EXTENDING CITY
7 COUNCIL'S CONGRATULATIONS TO THOMAS
8 H. MUEHLENBECK AS CITY MANAGER OF
9 PLANO, TEXAS AND TO EXTEND BEST
10 WISHES TO THOMAS H. MUEHLENBECK IN
11 HIS FUTURE.
12
13
14 Whereas, Thomas H. Muehlenbeck has served as the City
15 Manager of the City of Virginia Beach with distinction for five
16 and one-half years; and
17 Whereas, Thomas H. Muehlenbeck has provided excellent
18 guidance to the City Council and the citizens of the City in its
19 municipal affairs; and
20 Whereas, Thomas H. Muehlenbeck has served as a model of
21 professionalism in his chosen field; and
22 Therefore, Be It Resolved, City Council extends its
23 congratulations to Thomas H. Muehlenbeck and the CitY of Plano,
24 Texas in reaching its mutual accord; and
25 Be It Further Resolved that the City Council of the
26 City of Virginia Beach, Virginia extends Thomas H. Muehlenbeck
27 its best wishes for the future and every good fortune in
28 achievement of his goals.
29
30
31 Adopted by the Council of the City of Virginia
32 Beach, Virginia, this 2 day of NoveMher 1987.
33
34
35 JDB/tap
36 10/30/87
37 (G:\noncode\thm.res)
- 13 -
Item III-F-4-
ACCEPTANCE OF RESIGNATION ITEM # 28290
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ACCEPTED, with regret the RESIGNATION of Thomas H. Muehlenbeck as City
Manager of Virginia Beach,EFFECTIVE November 30, 1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item III-F.5
ORDINANCE ITEM # 28291
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance Authorizing the Mayor to Execute an
Agreement with Aubrey V. Watts, Jr., as City
Manager.
The Agreement shall commence November 30, 1987 and end MaY 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
- 14a -
1 AN ORDINANCE AUTHORIZING THE MAYOR
2 TO EXECUTE AN AGREEMENT WITH
3 AUBREY V. WATTS, JR., AS CITY MANAGER
4
5
6
7 WHEREAS, the Council of the City of Virginia Beach,
8 Virginia, desires to appoint Aubrey V. Watts, Jr., as City
9 Manager; and
10 WHEREAS, Aubrey V. Watts, Jr., has agreed to accept
11 such employment;
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA:
14 That the Mayor is authorized to execute an Agreement,
15 dated November 2, 1987 - (Exhibit "All) setting forth the
16 terms, covenants, and obligations set forth therein.
17
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, this 2 day of November 1987.
20
21 JDB/cb
22 10/27/87
23 WATTS.ORD
14b
EXHIBIT "A"
This Agreement made this 2nd day of November, 1987, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation, hereinafter sometimes referred to as "City" and
AUBREY V. WATTS, JR., hereinafter sometimes referred to as
"Employee."
W I T N E S S E T H:
WHEREAS, the City wishes to employ Aubrey V. Watts,
Jr., as its City Manager as provided in Section 4.01 of the
Charter of the City of Vitginia Beach, and
WHEREAS, Aubrey V. Watts, Jr., agrees to accept such
employment, and
WHEREAS, the parties hereto desire to set forth herein
the terms and conditions of such employment,
NOW, THEREFORE, for and in consideration of the mutual
covenants and obligations set forth herein and other good and
valuable consideration, the parties hereto agree as follows:
Article I - Duties
(a) Employee shall perform the functions and duties
of the position of City Manager in accordance with the pro-
visions of the charter of the City of Virginia Beach and all
other applicable statutes and ordinances.
(b) Employee shall perform such functions and duties
in accordance with the policy and direction of the City Council.
- 14C -
(c) Employee shall also perform any other legally
permissible duties or functions as the City Council may see fit
to assign him at any time during the term thereof.
Article II - Term of Agreement
(a) Except as otherwise provided herein, this
Agreement shall commeice November 30, 1987 and end May 31,
1989.
(b) Except as provided by Article iii, below, during
the term hereof, Employee agrees to remain in the exclusive
employ of the City.
(c) Nothing herein shall be deemed to limit in any
way the authority of City Council to terminate the Employee at
any time; provided, however, that such termination shall be in
accordance with the provisions of Article III below.
(d) Nothing herein shall be deemed to limit the right
of Employee to voluntarily resign; provided, however, that such
resignation shall be in accordance with Article III below.
Article III - Termination and Resignation
(a) In the event the Employee is terminated by the
City before the expiration o-@ the term of this Agreement, and at
the time of such termination Employee is under no physical or
mental incapacity which would prevent him from performing the
duties of city Manager, the City Council shall continue to
compensate Employee in accordance with the provisions of Article
IV hereof as may have been incrcased by subsequent actions of
2
- 14d
city council for the duration of this Agreement, subject to the
provision of paragraphs (1), (2), (3) and (4) below. All other
benefits hereunder, however, shall cease as of the date of
termination.
(1) Such post-termination compensation shall
cease, however, if Employee has been offered comparable
employment elsewhere.
(2) Employee agrees to use due diligence to
secure sucft comparable employment as expeditiously as possible.
(3) If Employee is terminated for misfeasance,
malfeasance, or nonfeasance in office, all compensation by the
City shall end as of the date of termination.
(4) If Employee is terminated after the
expiration date of this Agreement for reasons other than those
set forth in paragraph (a)(3) above, he shall continue to
receive as severance pay the compensation installments set forth
in Article IV as may have been increased by the City Council for
three (3) months following the date of such termination.
(b) If Employee voluntarily resigns, then all
i@ compensation and benefits shall cease as of the effective date
i@ of such resignation. Employee shall give the City ninety (90)
days written notice of any such resignation; provided, however,
iit is expressly understood that City Council may waive any or
all of this ninety (90) day notice requirement.
3
14e
Article IV - Compensation
City agrees to pay Employee for services rendered
pursuant hereto an annual gross salary of Ninety Thousand
Dollars ($90,000-00), payable in installments at the same time
and in the same amount as other City employees are paid. Such
annual gross salary and such additional sum may be increased
from time to time by action of the City Council.
Article V - Automobile Allowance
In lieu of supplying a City-owned vehicle for use by
Employee in conducting City business, City agrees to
Employee a car allowance as additional salary in the sum of Four
Hundred Dollars ($400.00) per month which sum may be increased
from time to time by action of the City Council. In
consideration thereof, Employee shall provide his own vehicle
and shall be responsible for all fuel, maintenance, insurance,
and other expenses related to the operation thereof.
Article VI - Fringe Benefits
Employee shall receive fringe benefits such as annual
leave, sick leave, life insurance, hospitalization, Virginia
Supplemental Retirement System, etc. in accordance with existing
City policies and ordinances as applicable to all other City
employees. Nothing herein shall be constructed to prevent
changes in the nature of such benefits to Employee should such
benefits be subsequently altered for all other City employees.
4
14f
Article VII - liours of Emplolrment
it is recognized that the nature of Employee's
position requires flexible hours. Therefore, Employee in
cc)nsideration cf his compensation shall work whatever hours are
necessary to satisfactory perform the functions and duties of
City Manager.
Article VIII - Dues and Subscriptions
City agrees to pay professional dues and subscriptions
of Employee necessary for his membership and participation in
national, regional, state, and local associations and
organizations of a job-related nature and for travel and
associated expenses of Employee to secure his attendance at
professional meetings and conference, as budgeted and approved
by the City Council.
Article IX - General Business Related Expenses
Except as specifically provided in Article V and VIII,
the City agrees to reimburse Employee for job-related
expenditures in accordance with existing City policy.
Article X - Other Terms and Conditions of Emplo nt
(a) The City Council may at any time prescribe any
other terms and conditions of employment related to Employee's
performance as City Manager as it may deem necessary, provided
such terms and conditions are not inconsistent with the specific
provisions of this Agreement.
14g
(b) City agrees to provide insurance coverage and
legal counsel for Employee in matters relating to his official
duties within the scope of his employment, as is provided to all
other City employees.
(c) All provisions of state or city law or policy
relating to terms and conditions of municipal employment
generally as they now exist or may hereafter be amended shall
apply to Employee. Provided, however, that should any such law
or policy be so changed as to be inconsistent with the terms
hereof, this Agreement shall be deemed amended so as to comply
with such law or policy parties.
(d) The text herein shall constitute the entire
Agreement between the parties and shall only be amended by a
writing executed by both parties.
(e) If any provision hereof shall be deemed unlawful,
invalid, ultra vires, or otherwise unenforceable, the remainder
of the Agreement shall be deemed severable and shall remain in
full force and effect.
(g) This Agreement supersedes any other agreement
between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused this Agreement to be executed in its behalf by its mayor
in accordance with an ordinance of the City Council authorizing
such execution, and Employee, Aubrey V. Watts, Jr., has
6
14h -
exccuted this Agreement, both the day and year first above
written.
CITY OF VIRGINIA BEACU, VIRGINIA
By
Mayor
Aubrey V. Watts, Jr.
Ruth Hodges Smith
City Clerk, CMC/AAE
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
Aubrey V. Watts, Jr., and Ruth Hodges Smith, CMC/AAE, the City
Manager and City Clerk, respectively, of the City of Virginia
Beach, Virginia, this day of 1987.
Notary Public
my commission Expires:
JDB/clb
10/27/87
10/29/87
work\manager.ag2
7
1 5
Item III-F.6
RESOLUTION ITEM # 28292
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
ADOPTED:
Resolution authorizing Acceptance of Local Consent
for the Lake Gaston Pipeline Route through Sussex
County, Virginia.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 15a -
1 RESOLUTION AUTHORIZING ACCEPTANCE
2 OF LOCAL CONSENT FOR THE LAKE GASTON PIPELINE
3 ROUTE THROUGH SUSSEX COUNTY, VIRGINIA
4
5
6 WHEREAS, Sussex County, Virginia originally declined to
7 give local consent for the Lake Gaston Pipeline route to the City
8 of Virginia Beach on October 15, 1987, and the City of Virginia
9 Beach subsequently instituted suit on October 23, 1987 to obtain
10 that local consent; and
11 WHEREAS, on October 29, 1987 Sussex County reconsidered
12 its original decision and granted local consent to Virginia
13 Beach on the terms set forth in the resolution adopted by the
14 Sussex County Board of Supervisors; and
15 WHEREAS, the City Council of the City of Virginia Beach
16 desires to accept the terms of the Sussex County Board of
17 Supervisors and to withdraw the lawsuit instituted against Sussex
18 County;
19
20 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 1. The City Council of the City of Virginia Beach
23 hereby accepts Sussex County's Resolution granting local consent
24 to Virginia Beach for the Lake Gaston Pipeline to cross Sussex
25 County.
26 2. The City Attorney is hereby authorized to withdraw
27 the lawsuit that has been previously filed against Sussex County.
28
29 Adopted by the Council of the City of Virginia Beach
30 this 2nd day of November, 1987.
31
32 KJC/dhh
33 11/2/87
34 SUSSEX.KCR
35
- 16 -
Item III-G.l.
PLANNING ITEM # 28293
Mayor Jones DECLARED a PUBLIC HFARING on:
PLANNING
a. MICHAEL S. MALBON RECONSIDERATION - CONDITIONAL USE
PERMIT
b. METROVEST CHANGE OF ZONING
c. GALORE ASSOCIATES CHANGES OF ZONING
d. MILTON MUNKEBY VARIANCE
- 17 -
Item III-G.l.a.
PUBLIC HEARING
PLANNTNG ITEM # 28294
Attorney Robert Cromwell, Pembroke One Phone: 499-8971, represented the
applicant and advised there will be a reduction of 20% from the previous
maximum of 150 children permitted. A 6-foot solid fence shall surround the
play area and if Category I screening is not deemed sufficient, the applicant
will increase same as required by City Staff.
Sandra Tainter, 2140 Kenwood Drive, Phone: 427-1929, represented the Sandbridge
Coalition of Civic Leagues, spoke in opposition, and against commercialization
beyond what exists at the present time.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of MICHAEL S. MALBON for a Conditional
Use Permit:
ORDINANCE UPON APPLICATTON OF MICHAEL S. 14ALBON FOR
A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER
R011871091
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Michael S. Malbon for
a Conditional Use Permit for a day care center on
certain property located on the south side of
Culver Lane, 345-34 feet east of Ashmore Drive.
Said parcel contains 1 acre. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. There shall be a maximum of 120 children permited
in the DAY CARE GENTER. (A reduction of 20% from
the previous maximum of 150.)
2. Previous rezoning condition must be met: "A 30 foot
dedication along the fronl@ige of Culver Lane, 45
feet from the centerline of the old 30-foot right-
of-way to provide for an ul@@imte 90-foot right-of-
way as per the Master Street and Highway Plan."
3. A six-foot solid fence surroii7@.(Iing the play areas
is required. Fencing shall consist of #1 Webster
Red Cedar or #1-SYP-0-40-CCA treated timber and the
fence shall be double sided (the finished side of
fencing shall face the play area and the side
facing the adjacent residents shall be finished as
well).
4. Category I Screening along the entire perimenter of
the parcel is required as shown on the preliminary
site plan submitted with the use permit
application. The denisty of Screening may be
increased as required by the City Staff.
5. A sign shall be erected now during construction
stating: "Future Home of La Petite Children's Care
Center".
6. The utilization of Best Mangement Practices for
controlling stormwater runoff which are reasonably
applicable to the development of this site and in
keeping with recommendations for the proposed Back
Bay/North Landing River i@angement District.
- 18 -
Item III-G.l.a
PUBLIC HEARING
PLANNING ITEM # 28294
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Second
day of November Nineteen Hundred and Eighty-seven.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 19 -
Item III-G.I.b.
PUBLIC HEARING
PLANNING ITEM # 28295
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised the applicant has agreed to apply for the closure of
Alabama Road adjacent to this parcel and the property will be served by only
one (1) curb cut.
Ram Gowda, in response to Councilwoman Henley's inquiry concerning the absence
of the Disclosure Statements, advised he was the President and sole owner of
the stock in Metrovest and his wife was the Secretary-Treasurer.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED:
ORDINANCE UPON APPLICATION OF METROVEST, INC. FOR A
CHANGE OF ZONING I)ISTRICT CLASSIFICATION FROM A-1
TO 0-1 Z011871188
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Metrovest, Inc. for a
Change of Zoning from A-1 Apartment District to 0-1
Office District, at the southeast corner of
Hosemoent Road and Alabama Road on Lots 1-7, Block
6, Pecan Gardens. Said parcel contains 15,246
square feet. T,*iiiiiiik*Fbil BOROUGH PRINCESS ANNE
BOROUGH.*
@,@Councilman Balko advised this application was in
the PRINGESS ANNE BOROUGH and not the LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Applicant agrees to apply for closure of Alabama
Road adjacent to this parcel. Entrance off Rosemont
Road shall be located at the northern boundary of
this site.
2. A six-foot fence is required along the eastern
border of this property. Fencing shall consist of
#1 Western Red Cedar or #1 SYP-0-400-CCA treated
timber and the finished side of the fencing shall
face adjacent residents.
3. Category II screening must be provided on the
outside of the fence facing the residential uses
and placed along the northern border on both sides
of the entrance off Alabama Road.
4. The Trees shall remain in the City's right-of-way
at Alabama Road.
5. All developing shall be from the Rosemont side. A
barricade shall be erected between the residential
area and on Alabama Road.
- 20 -
Item III-G.l.b.
PUBLIC HFARING
PLANNING ITEM # 28295 (Continued)
6. This property shall be served by only one curb cut.
7. This rezoning shall be for office use only.
8. The height shall be limited to two (2) stories.
9. The design shall be in conformity with the
adjoining office buildings.
The following condition shall be required prior to the changing of the
official zoning map:
A dedication is required along the frontage of
Rosemont Road to provide for a right turn lane onto
Alabama Road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Second
day of November 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:
None
- 21 -
Item TII-G.l.c
PUBLIC HEARING
PLANNING ITDI # 28296
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised the application would permit 44 single-family homes and
all of the lots would have approximatley 7500 square feet with a frontage of
at least 75 feet. The applicant has submitted a deed restriction limiting
density to 3 dwelling units per acre on the acreage qualifying for density
credit.
Ram Gowda, in response to Councilwoman Henley's inquiry relative the absence of
a DISCLOSURE STATEMENT, advised this will be a joint venture, a General
Partnership consisting of Dr. Shargi, Charles Nusbaum and himself.
Upon motion by Councilwoman McCianan, seconded by Councilman Perry, City
Council ADOPTED Ordinances upon application of GALORE ASSOCIATFS for Changes of
Zoning:
ORDINANCE UPON APPLICATION OF GALORE ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO R-6 Z011871189
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Galore Associates for
a Change of Zoning District Classification from
AG-1 Agricultural District to R-6 Residential
District on certin property located 600 feet east
of Holland Road, 1900 feet more or less south of
Money Drive. Said parcel contains 15.65 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
A N Dt
ORDINANCE UPON APPLICATION OF GALORE ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO R-6 Z011871190
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Galore Associates for
a Change of Zoning District Classification from
AG-2 to R-6 Residential District on certain
property located on the east side of Holland Road,
1900 feet more or less south of ivionet Drive. Said
parcel contains 2.35 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS AN14E BOROUGH.
I
- 22 -
Item III-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 28296 (Continued)
The following conditions shall be required:
1. Recordation of a deed restriction limiting density
to 3 dwelling units (single-family detached homes)
per acre qualifying for density credit. An
additional clause shall be included within the deed
restriction stating the applicant will adhere to
BMP's that are reasonably applicable to the
development of this site.
2. Said Deed Restriction shall be AMFNDED on page 4,
the second paragraph. The words "Best Mangement
Practices as required by the City Planning
Department including but not limited to
shall follow the words "The Grantor shall utilize"
and be before the words "low-maintenance stormwater
rentention/detention measures ... "
3. A variable width dedication of right-of-way is
required along the frontage of Holland Road to
provide for an ultimate 4-lane divided roadway as
per the Master Street and Highway Plan.
4. Dedication is required for an additional 100 feet
of drainage easement along the existing rear
property line, to provide for an ultimate 300-foot
canal easement.
5. Trees along the drainage easement shall remain.
6. There shall be only one curb cut.
7. Development of this property shall be subject to
the Corps of Engineers Approval and as a result of
this Condition, the density of 3 (single-family
detached homes) dwelling units per acre is not
necessarily assured. (The applicant and his
Attorney accepted this density limitation related
to acreage in the Floodplain area of the property.)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Second
day of November Nineteen Hundred and Eighty-seven.
- 23 -
Item III-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 28296 (Continued)
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss and Vice Mayor
Meyera E. Oberndorf
Council Members Absent:
lione
- 24 -
Ttem III-G.l.d.
PUBLIC HEARING
PLANNING ITEM # 28297
Milton Munkeby, 920 Via Del Monte, Palos Verdes, California, Phone: (213)
924-9006, the applicant, requested Joseph Munkeby make the presentation.
Joesph Munkeby, advised the hardship was one of access. Due to the shortness of
Gravatt Lane (350'), in comparison to the length of the land (750') there is
no good access to the largest and best part of their lot. Joseph Munkeby
advised only two variances were being requested for Lot width for the two flag
lots (Lots 4 & 5) on the south end of the property. Lot 3 has been altered to
meet all R-1 requirements. Joseph Munkeby distributed information relative the
area under discussion outlined in black, the revised application, and a sample
of where driveways could possibly be installed. (Said information is hereby
made a part of the record.) The results of canvassing neighbors on Back Neck
Cove, Gravatt Lane and Shorehaven Court were distributred to City Council and
are also hereby made a part of the record.
OPPOSITION:
John Gravatt, 2632 Shorehaven Drive, Phone: 481-5788, adjacent property owner,
and President of the Forest Cove Civic League. John Gravatt advised the plan
is basically no different from the one which the Planning Commission had
recommended denial. John Gravatt advised his neighbors on Shorehaven Court
were in OPPOSITION and had refused to sign the petition. There were also two
residents on Back Cove Road who have refused to sign. The resident most
affected was Tom McCrory of 2612 Shorehaven Drive, who was out of town but had
notified John Gravatt of his opposition.
Ron Makela, 2225 Wake Forest Street, Phone: 481-3183, Chairman of the Great
Neck Association of Civic Leagues. Ron Makela advised this was an
environmentally sensitive area and all five of the proposed houses would
require septic tanks adjacent to the Wetlands.
Upon motion by Councilman Fentress seconded by Councilman Moss, City Council
DENIED the application of MILTON @BY for a Variance to Section 4.4(b) of
the Subdivision Ordinance:
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Milton Munkeby. Property
is located at the southeast corner of Shorehaven
Drive and Gravatt Lane. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
- 25 -
Item III-G.l.d.
PUBLIC HEARING
PLANNING ITEM # 28297 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko
Council Members Absent:
None
Councilman Balko ABSTAINED as Mr. Gravatt, for whom Gravatt Lane was named, was
the Treasurer for Councilman Balkols CAMPAIGN
- 26 -
Item III-H.
CONSENT AGENDA ITEM # 28298
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED in ONE MOTION Items 1, 2, 4p 5, 6p 79 81 9, 10 and 11 of the CONSENT
AGENDA.
Item 3 was DEFERRED.
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 Abstaining:
Councilman John A. Baum ABSTAINED on Item III-H.6 as
his wife is an employee of SOVRAN BANK.
Council Members Absent:
None
- 27 -
Item III-H.l.
CONSENT AGENDA ITEM # 28299
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
CONFIRMED:
The appointment of Patricia L. West as Assistant
City Attorney effective November 1, 1987.
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
- 28 -
Item III-H.2.
CONSENT AGENDA ITF14 # 28300
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-4 of the
Code of the City of Virginia Beach, Virginia,
relating to the reorganization of certain Police
Agencies and chartered and nonchartered Volunteer
Fire Departments and Rescue Squads as an integral
part of the official Public Safety Program of the
City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Pentress,
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 iqembers Voting Nay:
None
Council Members Absent:
None
- 28a -
1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
2 TWO OF THE CODE OF THE CITY OF VIRGINIA
3 B E A C H VIRGINIA RELATING TO THE
4 REORGANIZATION OF CERTAIN POLICE AGENCIES AND
5 CHARTERED AND NONCHARTERED VOLUNTEER FIRE
6 DEPARTMENTS AND RESCUE SQUADS AS AN INTEGRAL
7 PART OF THE OFFICIAL PUBLIC SAFETY PROGRAM OF
8 THE CITY OF VIRGINIA BEACH.
9
10
11 WHEREAS, persons engaged in police, firefighting and
12 rescue squad operations, both professional and volunteer, render
13 necessary and valuable services to the City of Virginia Beach;
14 and
15 WHEREAS, in rendering such services, such persons often
16 risk their lives; and
17 WHEREAS, the Commonwealth of Virginia has enacted
18 legislation through the Workmen's Compensation Act and the Line
19 of Duty Act which provides indemnification for police officers,
20 firefighters and rescue squad members injured and/or killed in
21 the line of duty, both professional and volunteer, provided that
22 the auxiliary or volunteer police division, fire company or
23 rescue squad of which the injured or deceased was a member, has
24 been recognized, by an ordinance of the City which it serves, as
25 an integral part of the official safety program of such City;
26 and
27 WHEREAS, it appears proper that the City Council should
28 acknowledge and recognize the sacrificial services of these
29 police officers, firefighters and rescue squad members;
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
31 CITY OF VIRGINIA BEACH:
32 That Section 2-4 of the Code of the City of Virginia
33 Beach, Virginia, is hereby amended and reordained to read as
34 follows:
35 Section 2-4. Recognition of police, fire companies and rescue
36 squads as part of public safety program.
37
38 In gratitude to and in recognition of the valuable and
39 necessary services performed by police, fire companies and rescue
40 squads and the individual members thereof, both professional and
41 volunteer, which serve the City, the following police agencies
42 and chartered and nonchartered fire companies and rescue squads
- 28b -
43 are recognized and acknowledged to be an integral part of the
44 official public safety program of the Citv. and the vol.unteer
45 members of these police, and chartered and nonchartered fire
46 companies an e
47 purposes of the Virginia Workers' Compensation Act:
48 Blackwater Volunteer Fire Department, Incorporated
49
50 Chesapeake Beach Volunteer Fire and Rescue Department,
51 Incorporated
52
53 Creeds Volunteer Fire Department and Rescue Squad,
54 Incorporated
55
56 Davis Corner Volunteer Fire Department and Rescue Squad,
57 Incorporated
58
59 Green Run Volunteer Fire Company
60
61 Kempsville Rescue Squad, Incorporated
62
63 Kempsville Volunteer Fire Department, Incorporated
64
65 Knotts Island Volunteer Fire Department, Incorporated
66
67 London Bridge Volunteer Fire Department, Incorporated
68
69 ocean Park Volunteer Fire and Rescue Unit, Incorporated
70
71 oceana Volunteer Fire Department, Incorporated
72
73 Plaza Volunteer Fire Company and Life Saving and Rescue Squad,
74 Incorporated
75
76 Princess Anne Courthouse Volunteer Fire Department,
77 Incorporated
78
79 Sandbridge Fire Brigade, Incorporated
80
81 Seatack Volunteer Fire Company
82
83 Thalia Volunteer Fire Department, Incorporated
84
85 Virginia Beach AUxiliary Police
86
87 Virginia Beach Borough Volunteer Fire Department, Incorporated
88
89 Virginia Beach Rescue Squad, Incorporated
90
91 Virginia Beach Volunteer Rescue Dive Team
92
93 Woodstock Volunteer Fire Company
94
95 City of Virginia Beach, Division of Emergency Medical Services
96
97 This Ordinance shall become effective immediately upon
98 adoption.
99 Adopted by the Council of the City of Virginia Beach,
100 Virginia, on the 2nd day of November -MPROVED AS TO CONTEN i
101 LLL/lmt
102 8/14/87 SIGNATURE
103 CA-02407
104 \ordin\proposed\02-004.pro
DEPARTMENT
2 APPRI,-',Vv'l
- 29 -
Item III-H-3-
CONSENT AGENDA ITEM # 28301
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
DEFERRED:
Ordinance to AMEND and REORDAIN Section 21-116 of
the Code of the City of Virginia Beach, Virginia,
pertaining to windshield tinting/shading.
Councilman Heischober inquired relative the legislative intent. Councilman
Heischober did not believe this Code Amendment intended to disqualify
manufactured tinted glass.
The City Manager advised it was his impression the legislation entailed the
very dark tinted glass installed by individuals, not the manufacturer, not the
normal tint that comes with new cars.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item III-H.4.
CONSENT AGENDA ITEM # 28302
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED UPON SECOND READING:
Ordinance to ACCEPT and APPROPRIATE grants in the amount of $37,884
from the Southeastern Virginia Areawide Model Program, Inc. (SEVAMP)
to provide various support services to the elderly:
Department of Mental Health and Mental Retardation $33,472
Department of Health $ 4,412
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
- 30a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANTS FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMI))
WHEREAS, the City of Virginia Beach has determined a
need to continue to provide various support services to its
elderly population; and
WHEREAS, the Federal goverrlment, tihrough the Older
Americans Act, makes funds available througl7.L the Southeastern
Virginia Areawide Model Program, Inc., (@;EVAMP) for such
programs; and
WHEREAS, the Department of Park,@; and Recreation
continues to provide a nutritional program Eind transportation
services related to the nutritional program to t-he elderly at the
Seatack Center; and
WHEREAS, the Department of Health has determined a need
to continue the SEVAMP Home Health Nurse Project for health
education and screening for the elderly throughout the City; and
WHEREAS, the Department of Mental Health and Mental
Retardation (MH/MR) has determined the need to provide homemaker
and personal care through Community Mental Health; and
WHEREAS, SEVAMP Senior Services has awarded the
Department of Health $47,519, the Department of MH/MR $33,472,
and the Department of Parks and Recreation $10,243 to provide the
above respective services; and
WHEREAS, City Council has already included $43,107 and
$10,243, respectively, for operation of the Health services and
the Parks and Recreation services, and has included $53,350 in
estimated revenue from SEVAMP in the FY 1987-88 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager be
authorized and directed to accept the grants for the City, and
that funds be appropriated as follows: $33,472 to the Department
of Mental Health and Mental Retardation; and $4,412 to the
Department of Health; and that estimated revenue from SEVAMP be
increased by $37,884.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 2 day of November 1 1987.
First Reading: October 26, 1987
Second Reading: November 2, 1987
App:,OVED @S To CONITENT
s I
j
- 31 -
Item III-H.5.
CONSENT AGENDA ITEM # 28303
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City
Council APPROVED UPON FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $20,000 grant
from the Commonwealth of Virginia, Department of
Mines, Minerals, and Energy
AND ADOPTED:
Ordinance to TRANSFER $35,000 within the Department
of General Services to investigate energy
conservation options in relation to long-range
planning at the Municipal Center.
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
- 31a -
AN oRDmmcE To APPROPRIATE A $20,000 GRANT FROM THE NWFALTH
OF VIRGINI[A, DEPAR OF MDM, , AND ENERGY AND TO
UMSFER $35,000 THE G SERVICES BUDGET FOR THE MATCH
WHEREAS, the City of Virginia Beach bas applied for and received a grant from
the Commonwealth of Virginia, Department of Mine, Minerals, and Energy, to
investigate energy conservation options in relation to long range planning at the
Municipal Center, and
WHEREAS, there is currently 390,000 square feet of office space at the Municipal
Center, excluding the School Administration Building, and
WHEREAS, office space at the Complex is anticipated to be 829,000 square feet by
2010, and
WHEREAS, heating and cooling the existing office space in FY 1986-87 cost the
city over $2,560,574, and
WHERF-AS, the grant would be used to develop a master plan for
retention/expansion of the central plant system or the creation of zones, or
decentralized systems and to explore appropriate energy conservation opportunities
and development of cogeneration energy facilities, and
WHEREAS, the grant amount is $20,000 from the Department of Mines, Minerals, and
Energy with a $35,000 match from the City of Virginia Beach, and
WHEREAS, the funds for the match will be transferred from within the Department
of General Services or provided as "in-kind" services.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
that the $20,000 grant from the Commonwealth of Virginia, Department of Mines,
Minerals, and Energy be accepted and appropriated, and
FIRST READING: November 2, 1987
SECOND READING:
BE IT FURTHER ORDAINED, that the $35,000 local match be provided by the transfer
of funds from within the Department of General Services Operating Budget.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Second day of November 1987.
- 32 -
Item III-H.6.
CONSENT AGENDA ITF,4 # 28304
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to TRANSFER funds in the amount of $47,500 to purchase a
remittance processor:
Reserve for Contingencies $26,778
City Treasurer's FY 1987-1988 Operating Budget $20,722
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum
Council Members Absent:
None
Councilman Baum ABSTAINED as his wife is an employee with SOVRAN BANK.
- 32a -
AN ORDINANCE TO TRANSFER FUNDS
IN THE AMOUNT OF $47,500 TO ACQUIRE
A REMITTANCE PROCESSOR FOR THE CITY TRFASURER
WHEREAS, officials from NCR Corporation have examined the present
remittance processing equipment and determined the need for a second remittance
processor due to increased down-time, equipment failure and frequent service
calls, and
WHEREAS, a new remittance processor costing $90,000 would be required
to maintain current operations, and
WHEREAS, Sovran Bank has agreed to sell a RemitLance Processor to the
city of Virginia Beach for $47,500 which includes mainlenance and training, and
WHEREAS, the $47,500 may be provided for the transfer of $26,778 from
Reserve for Contingencies and $20,722 from within the City Treasurer's FY1987-88
Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA
BEACH, that funds in the amount of $26,778 be transferred from Reserve for
Contingencies and $20,722 to be transferred from excess f.nding wilhin the
Treasurer's FY1987-88 Operating Budget to purchase a remittance processor.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on Second day f November 1987.
j,ppF,,,')VED AS -ro CO"TENT
4EY
ORDI
- 33 -
Item III-H.7.
CONSENT AGENDA ITEM # 28305
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to TRANSFER funds in the amount of
$20,235 within the Fire Department's FY 1987-1988
Operating Budget to replace two squirt vehicles.
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
- 33a -
AN ORDINANCE TO TRANSFER FUNDS IN
THE AMOUNT OF $20,235 TO REPLACE TWO
SQUIRT VEHICLES WITHIN THE FIRE DEP
WHEREAS, the FY 1987-88 Operating Budget included an appropriation of
$510,000 for the replacement purchase of two fire squirt vehicles for the Fire
Department, and
WHEREAS, competitive proposals for the squirt vehicles were received
and evaluated resulting in a selected bid quote of $555,240, and
WHERF-AS, surplus funding totaling $25,005, which resulted from the
purchase of a platform aerial, may reduce the total shortfall amount needed, and
WHEREAS, in order to proceed in the procurement of these squirt
vehicles, an additional amount of $20,235 is required, and
WHEREAS, the Fire Department has identified $20,235 in the FY 1987-88
Operating Budget which may be transferred to allow for the acquisition of two
squirt vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, that funds in the amount of $20,235 be transferred from in the FY1987-88
Operating Budget for the Fire Department in order to acquire two squirt
replacement vehicles.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on Second day of November 1987.
.1
- 34 -
Item III-H.8.
CONSENT AGENDA ITFi%i # 28306
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
FINAL DESIGN: Lynnhaven Parkway Phase V (CIP 2-
935).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item III-H.g.
CONSENT AGENDA ITEM # 28307
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
AUTHORIZATION for the construction of Sewer
Projects to serve two residences at 541 North
Lynnhaven Road in FY 1987-1988 at approximately
$23,000.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Hobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 36 -
Item III-H.10.
CONSENT AGENDA ITEM # 28308
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$8,488.65 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
.RM NO. C.@. 7 - 36a - I O/ 20187 ERIC
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 refuiids upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Va Beach Federal S & L 87 RE(1/2) 11F,@11-3 12/5/86 400.00
Va Beach Federal S & L 87 PE(2/2) llC411-3 6/5/87 400.00
Providence Development Cor.n @@J7 PE(1/2) 85074-8 12/5/86 897.20
Veterans Administration o7 RE(2/2) 608-2 8/11/87 261.71
Ocie Parker Jr et al @17 RE(1/2) 80868-9 12/5/86 6.52
Ocie Parker Jr et al 87 RE(2/2) 80868-9 6/5/87 24.00
Ocie Parker Jr et al 87 RE(]/2) 80867-0 12/5/86 6.52
Ocie Parker Jr et al 87 RE(2/2) 80867-0 6/5/87 24.00
Ameribanc Savings Bank 87 RE(]/2) 104279-0 12/5/86 648.80
Jonathan 0 Lenehan 86 pp 97520-3 62681 6/5/86 230.28
Hyman J & Debra Dress 87 pp 48193-1 62732 6/5/87 131.10
Hyman J & Debra Dress 87 pp 48192-2 62731 6/5/87 293.55
GMAC 87 pp 66051-4 62846 6/5/87 216.60
GMAC 87 pp 61527-1 62847 6/5/87 186.35
GMAC 87 pp 65962-4 626P@4 C/5/87 ',q6.15
GtIAC 87 pp 66207-7 F2@9 6/5/87 173.85
GMAC 86 pp 5P@977-0 (2688 5/29/86 249.78
Stuart W Onsrud 87 pp 128113-3 62791 6/5/87 207.10
Charles T Hall 87 pp 71969-5 62777 5/26/87 226.14
Continental Telephone of VA 87 pp PS-TP 4 62614 6/4/87 3,474.00
Paul A Cruser N/A Pkng 160029 10/8/87 12.00
Ronald L Pollock N/A Pkng 168257 9/10/87 6.00
T N P Johnson Jr 87 Dog V]4557 9/30/87 7.00
Nancy Rosenblatt N/A Pkng 146942 9/2/87 10.00
Total 8,488.65
This ordinance shall be effective from date of adopt*ion.
The above abatement(s) totaling
- were approved by
the Council of the City of Virginia
Beach on the 2 day of November.
1987
A as rm:
Ruth Hodges Smith
City Clerk @Y' 17,7@t-
- 37 -
Item III-H.11.
CONSENT AGENDA ITEM # 28309
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $5,130-39 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
FOR. NO, C.@ 8 REV, IN - 37a -
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
Doris Bosley
T/A Doris Bosley Interiors
783 Biltmore Drive
Va. Beach, VA 23454 1985-86 Audit 26.42 26.42
Lane Bryant Inc.
T/A Lane Bryant
11 West 42nd Street
New York, NY 10036 1987 Letter 1,484.24 1,484.24
Obstetrics & Gyiiecology Of Va Beach
9151 N. Bay Blvd.
Orlando, FL 32819 1985-86 Audit 1,032.49 1,032.49
Certified as to Payment:
f(obert P. Vaughan
Commissioner of the Revenue
AripT ved as t k7
Dale bimsoln
:y Attorney
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $2 , 54 3 . 1 5were approved by the Council
2 November 87
of the City of Virginia Beach on the- day of .19 -
Ruth Hodges Smith
City Clerk
FORM NO C.A, 8 REV 3@ - 37b -
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
Ryan Enterprises Inc.
T/A Lynnhaven Mall Exxon
8594 Tidewater Drive
Norfolk, VA 23503 1985-86 Audit 1,096.73 1,096.73
Spencer Gifts Inc.
1050 Black Horse Pike
Pleasantville, NJ 08232 1985-86 Audit 1,490.51 1,490.51
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as t rm:
iL) 110
ity Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $2,587.24 were approved by the Council
of the City of Virginia Beach on the 2 day of November 87
- '19 -
Ruth Hodges Smith
City Clerk
- 38 -
Item III-I.l.
UNFINISHED BUSINESS
ADD-ON ITEM # 28310
Vice Mayor Oberndorf advised this morning, November 2, 1987, the TALK SHOW HOST
of W N I S Radio, Art Finley, was discussing the RECREATION CENTERS on the
BALLOT.
Vice Mayor Oberndorf clarified some of his misimpressions. Art Finley's
concern along with the Editorial writers of the Newspaper and the general
population was related to the QUESTIONS appearing on the BALLOT. Art Finley
requested the common sense wording of said question accompany the legal
terminology on the BAIJOT.
The City Attorney will investigate relative this concern and, if feasible, the
next BALLOT will contain both descriptions.
- 39 -
Item III-J.1
NEW BUSINESS ITEM # 28311
Walter Hoffman, 1009 Ditchley Road, Phone: 428-5913, Managing General Partner
of WEDGEWOOD MOBILE HOME PARK, advised a small 113 acre located on the
eastern portion of the property had been purchased which was not in the
original si-te plan of the park.
Richard Weaver, Route 1, Box 294, Richmond, Virginia, Phone: 273-2819.
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council APPROVED:
Request for Wedgewood Mobile Home Park to relocate
and establish eleven new sites to conform to
Section 105(d) of the Comprehensive Zoning
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 Voting Nay:
None
Council Members Absent:
None
- 40 -
Item III-J.2.
NEW BUSINESS ITEM # 28312
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Second Lowest Bid to Contractors Paving Company,
Inc. in the amount of $126,938 for North Landing
Road and Indian River Road intersection
improvements.
KAST COAST CORPORATION was declared a non-responsible bidder as the bid bond
provided was issued by an unlicensed bonding company.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
Item ITT-K.l.
AWOURNMENT ITEM # 28313
Upon motion by Councilman Moss and BY ACCLA14ATION, City Council ADJOURNED the
Meeting at 3:58 P.M.
Beverly-0. Hooks
Chief Deputy City Clerk
th Hodg@. Smith, CMC
City Clerk
City of Virginia Beach
Virginia