OCTOBER 26, 1987 MINUTES
city, @f
"WORLD'S LARGEST RESORT CITY"
11-COU'@ll
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MA-@ MEYE- E. OB@M@-,
j- A@
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281 CPRY HALL BUILDING
MUNICIPAL CENTER
VII?GINIA BEACH, VIRGINIA 23456-9002
[8041 427 4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
26, 1967
iTfm I. CITY 'S BRIEFIM - Oonfererm3e Rom - 5:00 PM
A. ZERO LOT LLINE AUAINISTRATION
W. Pcbert Scott, Departnent of Planning
ITEM ii. CUMIL SESSION - Cotiference 5:30 EN
A. CrfY COUNCIL S
ITIM III. @@ SESSION - Oxderence 6:00 P14
A. ML TO ORDEP - @yor Rbert G. Jories
B. ROLL CALL CF CCUTUIL
C. TO SESSION
ITEM IV. PRESENTATIONS - Cc)uncil Chamber 6:45 P14
A. PRESENTATIONS
MAYOR'S ocmmiTrEE FOR = DISABLED ANNLAL AWARLIS
M%YOR'S CCMI= ON AGITU,
LITrLE MISS VIRGINIA @H
Jerinifer Lee Harvie
LI= MISS LTIILJPPINES
Jerralyn A. Jorge
ITEM V. FO@ SESSION ii Chamber - 7:00 P14
A. INVOCATION: REveren-I aich ThcMpsOn, DD
Kirigs (kant Pr@yter@ (3,iurch
B. PMM OF IANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. =TRONIC ROLL CAIL CF CITY CCUIUIL
D. ADOPTION OF ITEM FOR THE FO@ AGENDA
1. INFO@ & FO@ SESSIONS - October 19, 1987
F. PUBLIC
1. City of Virginia Beach 1988-1989 Fourteenth Year ty
Dev Block Grant Program ($2,160,000).
G. C HFARIM
1. PLANNIM
a. @IDERATION in behalf of VIRGINIA BEACH MARLIN CLUB,
@RATED:
Application of Charles 0. Peel fc)r a (bnditional Use
Pemit for a public marina with related facilities,
including office, fuel dock, bulkhead, piling and val@y
for boat sli@, on proper-ty located on the South@st
corner of Vdn@n Salem Avenue and Mediterranean Avenu-2,
running a distance of 135 feet along the South side of
V6nston SalEm Aven@, rlnning a distance of 100 feet
al-ong the Wbst side of Mediterranean Avenue (Virginia
Beach Ibrough).
Approved by City Cbmcil w-Lth co@itions Pugust 10, 1970.
b. RBOONSIDEIRATICN of the application of Virginia Beach S.P.C.A.,
a Virginia @@Stock ODrpDrat-ion, for a Cbnditional Use Permit
for an an@l bdspital, pc)urd, shelter, and kennel on r-roperty
located on the East side of Holl@ lbai, 650 feet Sz)uth of
Landstovn lbad, containing 2.5 ar-res (Princess hine BDrough) .
Apprcved by City Cb=il on Decerber 22, 1986.
c. Application of Marie T. Ir@h for a Change of ZDn@ fran R-8
lbsidential District to A-1 Apart-nent District at the SDuth@st
corner of Do@y lbad and Kenley lbad (4973 Bc)mey lbad),
containing 7.8 acres (Kempsville Bz)rough)
Reccmnerdatic>n: APP
d. Application of L. L. and Shirley Eli Liv@ for a
ChaMe of Zz>ning frcm B-1 Business Pesidential District tc) B-2
Cammity Business District on the Wbst side of @uth Military
@g@y, 840 feet more or less SDuth of Dyer Place (701 South
Military Highvay), adntaining 1. E3249 acres (Kempsville
Borough).
@ccmmendation: D@
e. Ppplication of d H. and Sandra C. Waod for a Change of
7on@ frcm R-5 @sidential District to R-8 Pesidential
District on @ Nc)rth side of Stunry Lake Lam, 2640 feet mcre
or less @st of Indian @ver lbad (3828 Stunpy Lake Lane),
contai.ning 2 acres (KEmpsvillc- B=ugh).
Ibcamendation:
f. Ppplication of @tario Devel t, Im. for a Cbrditional @e
Pemit for an a'utcmcbil @epair establis@nt (Car Care @ll
Autcmcbile Serv@ Cent:r on property located on @ SDuth
si.de of Indian @ver lbad, 400 feet @st of @psville lbad,
cr)ntaining 1.61 acres (I',Ernpsville Borough).
Paccnunendation: NONE am TO TIE VOTE
H. CRDINANCES
1. Crduiance designat@ certain appointees and emplcyees to file a
disclosure sta@t of their persc)nal interests and other
i.nfomation specified on the form set forth in @ction 2.1-639.15
of the Code of Virginia State and Local Gcver@t OonfliLt of
Interests Art.
DEFERRED by City (blucil- on Cctober 5, 1987.
2. Ordin@e to AMEND and REORDAIN Section 6-31 of the Code of the
City of Virginia Beach, Virginia, pertaining to shark fishirig.
3. Ordinance to TRANSFER f @s in the amlrit of $15, 513 frcyn the City
Tr@er to the De t of Social Serv@ and fuid s in the
anount of $19,420 within the Department of Social Services fcr
support @s for issuance of food stampr. frcm DecEmber 9, 1987, to
June 30, 1988;
AND,
TRANSE'ER t@ full-time permanerit positions clxrently vacant frcm
the C3.ty Treasurer to the Department of Social Servioes tD prrvide
staffuig for @uance of fooa
4. Ordinanc!e to TPANSFER funis in the awlint of $80,000 within the
Pcblic 'Abrks Department FY 1987-1988 cperating BLidget for
signaLlization of the intersection of ooeana Bmlevard and Eagiewood
]Drive.
All matters listed urider the Cbnsent Agenda are considered in the
oidinary aourse of bus@ss by City ODuncil ard will be enar-ted by one
moti.on in the fx)rrn listed. If an itern is rem(wed frcm the Cbnsent
Pgenda, it will be di@ussed and voted upc)n separately.
1. Crdin&-ice upon MM@ to ACCEPR and APPROPRIATE grmts fran
the tem Virginia model Program, iric. (@):
Ibpartment of Nbntal @alth and @ntal retardation $33, 472
Depar@t of Health $ 4,412
2. @inance to authorize a intq a@
C t p
,s 8f
y property kndwn as i Creek
Benriett, Sr. and Joairx E. Benriett, their heirs, assigns xe
successcrs in title.
Eeferred by City (bunci-I on Cctober 12, 1987
3. Prelirninary Subdivision of Seaboaxd Associates (5 Icrts below the
green line) -- Developer be r@red to comect to City water
selwer systms.
4. @w Bid to Asphalt @s & Materials y, Inc. in the anount of
$694.533.92 for the first phase of current FY 1987-1986 amual
resurfacing programl.
5. lidw ad to Lwdirig Line y in the anomt of
$385,408 to prcwide ocmputer tions to signa]L systems along
Princess Pnne lbad, VLrginia Beach Boulevard, @psville lbad,
Indeperdence adulevaid, lb@rrt Poad, Great Neck fbad, First
Colonial lbad and Iridian Fiver lbad.
6. I-ow Bid to Faacin icu tion in the ammt of
$101,018 to provide new wO imprcved @ter @ice and fire
protection to residents in the rt area.
7. RAFFLE @TS:
Little @ck Circle of King's Daughters
KEmpsville Junior Higra Sc@ Band Parents As@iatlon
B. Crdinance authorizing license refunds in the anount of $4,360.85.
J. APPOINTMM
BOARD
RTA,TICN @SSION
K. UNFINISHED Bus@
L. NEW BUSINESS
1 - @cord Lo@ st Bid to Precon y in the anoit f
$718,891.75 for @@ in the resort area @ Atlantic
Avenue.
M. AW
Cit@ C)-f NTir-"ii-ai"
"WORLD'S LARGEST RESORT CITY"
-YOR E- OBE@--,
-1 W. B@0,
K PA-.
281 CFRY HALL BUILDING
MUNICIPAL CE@R
j VIRGINIA BEACH, VIRGINIA 23456 9002
[8041 427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
26. 1987
ITIN I. CITY s BRiEFim - @erence 5:00 Pm
A. ZEIU Lk)T LINE AFMINISTRATION
W. Rcbert Scx)tt, Departrnent of Plannincj
ITEM ii. COUNCIL sEssioN - ence Mm - 5:30 PM
A. CIW
ITTM iii. MM@ SESSICN - CbnferenLe 6:00 pt4
A. CALL TO OIMER - @yor Pcbrrt G. Jones
B. CAM CF CC)U@IL
C. TO EXB=VE SESSION
ITEM IV. @IAL PRESENTPTICNS - Omwi I - 6:45 PM
A. PRESENTATIONS
MkYOR'S C@TME FOR THE DISAMM @ AWARCS
MYOR'S CGEI= ON AGIM
LITRLE miss VIRGINIA @H
Jemifer Lee Harvie
LITnE MISS FHILIPPINES
Jerralyi A. Jorge
ITEM V. FO@ MMICN il. Chamber - 7:00 PM
A. INVOCATION: Reverend Er-ich Thcmpson, DD
Kings Grcmt Pre@yterian (hurch
B. PMM OF ALIMIANCE TO THE FLAG CF THE UNITFD STATES OF @ICA
C. ELBCTRONIC ROLL CALL CE CI'IY CCUIUIL
D. ADOPTION CP ITEMS FOR THE FORMKL AGENDA
E. s
1. inpo@ & Fo@ sEssIoNs - c)ctc)ber 19, 1987
F. PUBUC @
1. City of Virginia Beach 1968-1989 Fburteenth Year ty
Dev Block Grant Program ($2,160,000).
G. PUBLIC
1.
a. IDERATICN in behalf of VIRG@ BEACEI
@RATED:
Application of CharleB 0. Feel fc)r a (bnditional LJse
Per.mit for a public marina with related faci-:Lities,
-incluJing office, f@l dock, bulkhead, pilirig @ val@y
-for boat slips., on property located on the 9Duth@st
cx)rner of Winston SalErn Avenue and @iterrenean Avenue,
running a distance of 135 feet along the S:)uth side of
Vhnston Salem Avenue, ruining a distance of 1C)O feet
along the Vbst side of Mediterranem Avenue (Virginia
Ibar-h Ebrough) .
Approved by QLty Cbu-ic)-l with corditions Aigust 10, 1970.
b. IDERATION of the application of Virginia Beach S.P.C.A.,
a Virguiia Pb@Stock CbrpDration, for a Cbnditional Use Permit
for an animal hdspital, ppurd, shelter, and kenriel on r-roperty
located on the East side of Hollani lbad, 650 feet SDuth of
Landstovi lbad, contain-ing 2. 5 acres (Princess A-ine B:)rough) .
Apprcved by City ODurr-il on DecuTber 22, 1986.
c. Application of Pbrie T. famb for a change of zdning frcm R-8
Pesidential District to A-1 Apartnent District at the SDuth@st
corner of DDnney lbad and @nley lbad (4973 BD@y lbad),
conta in ing 7. 8 ar- res (Keinpsv i 1 le BDrough) .
Reccnmendation: APP@
d. Ppplication of L. L. and qhirley Elizabeth Liv@ for a
Change of Zoning fran B-1 Business Pesidential District bD B-2
Ommuiity Business District on the Vbst side of SDuth Military
Hig@y, 840 feet mcre or less SDuth of Dyer Place (701 SoLth
@litary Highua y) , containing 1.2249 acres (KErnpsville
Ebrough).
P,eccmmendation: DENIAL
e. Ppplication of I;bnald H. and Sandra C. kbod for a (hange of
7oning fran R-5 Pesidential District tc) R-8 residential
District on the North side of Stunpy Lake Lane, 2640 feet mcre
cr less East of @ian Fiver Foad (3828 Stunpy Lake Lane),
containing 2 ar-res (KEmpsville BC)rougw -
P,e ation: @
f. Ppplication of Ontario Devel Inc. for a (bnditional Lbe
Per.mit for an autcm ir establishnent Ccre Mll
AutandDile Serv-ioe @lteertepoan Eroperty located on the SD@
side of @ian @ver lbad, 400 feet East of @psville lbad,
containing 1.61 acres (I@psville Borough).
reccr=endation: NOM DUE TO TIE
H. ORDINANCES
1. Crdinance designating certain appointees and @cyees to file a
di e @tement of their personal interests and other
in:brrnation specified cn the forrn &at forth in Section 2.1@39.15
of the Code of Vixginia State and LocaLl Gcvernnent Cbnflict of
Interests Act.
DEF'ERRED by City (blncil on Cctober 5, 1987.
2. otd iname to ard Section 6-31 of the Code of the
City of Virginia I3aach, Virginia, pertaining to @k fishing.
3. ordinarr-e to TRANSFER funds in the anount of $15,513 frcrn @ City
Treasurer to the Department of Soc@ @ices and fuids in the
aiiomt of $19,420 within the Department of Social Servioes fbr
ac)sts for issuance of food stampb frcm I)ecErnber 9, 1987, to
June 30, 1988,
AND,
TRANSFER tAo full t positions currtmtly vacant frcm
the @ Treasurer to tbe Department of Social Servums tD rrcv-ide
staf fuq fior iss@ of
4. OTdiname to f@s in the amount of $80,000 within the
Public lhbrks Department FY 1987-198B Cperating Budget for
si.gnalizationof the intersectionof Oceana Bwlevard and Faglewood
Drive.
I. CONSENT AGENDA
ALI matters listed under the (bnsent Venda are consi-dered in the
or.dinary course of business by City Cb=il @ will be enacted by one
motion in the fonn listed. If an item is rEM(yed frcm the (bnsent
Agerda, it will be di@us@ and voted upon separately.
1. Crdinance upc)n WMIW. to @ and APPROPRIATE grants fran
the eastem V@@ Prograk Inr-. (SEVMW):
Department of Mental Ebalth and Mental Petardation $33, 472
Eepartnent of Health $ 4,412
2. erdinance to a1/2ithori7e a t intq a
tyo@
,g of
City property kmwn as @e-&M t. @ Clk G.
Bmmtt, Sr. and Toan E. @tt, their heirs, assigns and
successors in title.
I)eferred by City CbLncil on October 12, 1987
3. PrelimdnuT Subdivision of Seaboard Associates (5 lots below the
green line) -- Develcper be required to cx)nriect to CLty uuter ao
sewer systems.
4. Low Bid to Asphalt Fbads & Materials Inc. in the anouit of
$694.533.92 for the first phase of current FY 1987-1988 amual
resurfac@ progrm.
5. Low Bid to Line an y in the ancurit of
$385,408 tc) prcyide camputer tions to signal s along
Pcincess Anne lbad, Virginia lbach Bc)ulevard, @psville lbad,
Irdeperdenoe Ibulevard, lbs@nt lbad, Great Neck lbad, Fir st
Colonial road znd Lidim @vEr Ib@.
6. Iow Bid tc) Falam ion tim -in the @unt of
$101,018 to f-covide new wO -unf-rcved vater service and fire
ion to residents in the urst area.
7. RAFFLE PERMITS:
Little @k Circle of @'s Daughters
KErnpsville JLnior High @hoa Bard P@ents Assc)ciation
8. ordinaice aut@rizing license refunds in the anount of $4,360.85.
J. APPO
BOARD
RrATICN &= @SICN
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. @corrl Lo@st Bid to Pream y in the anouit of
$718,891.75 for improw@s in the rescrt area along Atiaritic
Avenue.
M. ADLT
9
Item V-E.1
MINUTES 1TF14 28286
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the MINUTES of the SPECIAL EXECUTIVE SESSIOM of October 23,
1987, and the INFORMAL & FORMAL SESSIOMS 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: 5:19 P.M. 4:10 P.M.)
Councilman Baum requested UNFIMISHED 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 BFAGH MARLIN CLUB, INCORPORATED Condition
No. 2 shall be AMENDED 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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 26, 1987
The CITY MANAGER'S BRIEFING, relative the ZERO LOT LINE ADMINISTRATION of the
VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones, in
the Conference Room, City Hall Building, on Monday, October 26, 1987, at 4:00
P.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy
K. Parker and John L. Perry
Council Members Absent:
John A. Baum (ENTERED: 4:45 P.M.)
Reba S. McClanan (ENTERED: 4:10 P.M.)
- 2 -
C I T Y M A N A G E R' S B R I E F I N G
ZERO LOT LINE ADMLNISTRATION
October 26, 1987
4:00 P.M-
Ttem # 28230
The Deputy City Manager, Aubrey Watts, introduced Robert J. Scott, Director of
Planning, who presented information relative ZERO LOT LINE ADMINISTRATION.
Any time there is an amendment to the Zoning Ordinance or Subdivision
requirements, the City Staff must enforce the responsibility in the future but
at the same time must respect those rights vested in the past. If an applicant
has a valid preliminary subdivision plat, approved in the past and it is still
valid, the City Staff must respect this plat. Subdivision Plats are only valid
for a specified period of time (180 days). If approval expires, the applicant
must commence the procedure again and thus must comply with all recent
amendments ADOPTED by the City Council.
- 3 -
ITEM # 28231
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, October 26, 1987 at 4:12 P.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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum
- 4 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28232
Mayor Robert Jones reminded City Council of the BREAKFAST with Congressman
Owen Pickett on October 30, 1987, at ?:30 A.M. at Chatney's in the PAVILION
TOWER HOTEL.
- 5 -
C 0 N 0 E R N 3 0 F T H E V I C E M A Y 0 R
ITEM # 28233
Vice Mayor Oberndorf advised at the VIRGINIA MUNICIPAL LEAGUE when the
President of the National League of Cities presented his speech relative
Congressmen who were not accomplishing things in the best interest of the City,
Virginia Beach's Congressman was mentioned. The Vice Mayor was surprised to see
the Congressmen had taken certain positions. The Vice Mayor informed the
Congressman and learned Nation's Weekly has apparently misrepresented the
position of approximately all of the people in Congress and the United States
Senate. This City's Congressman had not been in favor of the taxation on
Gasoline by municipalities and also supported the MEDI-CADE.
As views are misrepresented, it is imperative that levels of government confer
with each other.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28234
Councilman Moss reiterated his suggestions relative the COUNCIL'S FISCAL POLICY
FOR THE FY 1988-89 OPERATING BUDGET.
A. One (I%) percent of anticipated revenues be
designated annually to the recently established
Land Acquisition Special Project account as a cash
contribution. (Approximately $5-MILLION). (This
would be interpreted to mean the ability to buy
school sites in advance, so the City would not have
to pay such premium land prices and funds would be
available to pass on to the Economic Development
Authority, in terms of a loan or otherwise to
expand their land bank for attracting revenue.)
B. Two (2%) percent of anticipated revenues be
designated to a new account identified as "Council
Emergent Requirements". This account would be used
by Council at the end of Budgetary Public Hearings
and Council discussions to respond to emergent
requirements. (Reserve money available for the
needs of the legislatures as they saw them
independent of the administration.)
C. Fifteen (15%) percent of new revenue growth be
designated for "Pay-As-You-Goll Capital Improvements
over and above the base in a prior year. New
revenue growth would have to be exclusive of
revenue attributed to tax increases associated with
the recent and planned referendums and pass-through
dollars from the State and Federal Government for
the schools. (Set aside a certain amount of new
revenue sources locally generated from "Pay-As-
You-Go" Capital Improvements.)
D. The most recently approved tax increase be re-
evaluated to make sure it is not generating
revenues in excess of the expenses anticipated for
the approved projects due to greater growth in the
appraisal base then anticipated.
E. Adopt the investment principal of dollar averaging
by setting a combined step and cost of living
percentage increase against the salary base of no
more than six (6%) percent a year for the next five
years. (3% merit raise as depicted in the City
Manager's Budget and a 3% General Increase.)
F. Unexpended salary dollars in terms of actual
quarterly expenditures relative to planned
quarterly expenditures would be automatically
reprogram,ned in the Reserve for Contingency
account.
G. One-hundred (100) police officers be added and at a
minimum of eighty (80) of the assets be hired as
Patrol Officers.
H. Travel and Professional fees frozen at last year's
totals at the total Operating Budget level. Via an
RFP process utilize a Central Travel Agent for per
them travel. Establish maximum amounts for daily
meal allowances.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28234 (Continued)
I. One Administrative Assistant, associated equipment
and three-hundred (300) square feet of office space
for each Council Member to include one-hundred-
twenty (120) square feet of private office space,
use of commercial spaces in option, location of the
Borough representatives in their respective
Boroughs, while the At-Large representative issue
needs discussion.
J. Expenses now classified as other within each budget
use be itemized by type and dollar amount.
K. The budget be modified for each budget unit to
reflect the resources and level of service if the
Council decided not to let revenues benefit from
rising assessments by reducing the tax rate less
referendum imposed taxes, to be revenue neutral.
L. Overtime budgeted be shown for each budget unit as
well as the anticipated carry over compensatory
hours.
M. The itemization of planned capital purchases for
equipment, vehicle, furniture and the like be
included as supplementary sheets to each budget
unit.
N. No new fringe benefits added. Increases in City's
contribution to discretionary fringe benefits, for
example: medical insurance be offset against the
six (6%) percent annual payroll growth specified in
Item E.
- 8 -
ITEM # 28235
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
October 26, 1987, at 5:00 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
- 9 -
ITEM # 28236
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. I;EGAL 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 Dublic
body. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: H.2.
Upon motion by Councilman Balko, seconded by Councilman Perry, 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
- 10 -
Item IV-A.1
CEREMONIAL PRESENTATIONS ITEM # 28237
Mayor Robert G. Jones introduced Steve Johnson, Chairman of the 14AYORIS
COMMITTEE FOR THE DISABLED, who presented their ANNUAL AWARDS:
Steve Johnson, advised the MAYOR'S COMMITTEE FOR THE DISABLED is an advisory
Committee appointed by the Mayor to assure all the services, the programs and
the facilities in Virginia Beach are accessible to the DISABLED. Steve Johnson
introduced Reverend Thomas Britton, Chairman of the AWARDS COMMITTEE and Bob
Shesler, Vice Chairman of the MAYOR'S COMMITTEE FOR THE DISABLED.
Steve Johnson PRESENTED the first AWARD to Maureen Hollowell, in the Individual
Category. Maureen is involved in many organizations through out the City
including the Virginia Beach Special Advisory Committee, the Spina Bifida
Association, the Tidewater Association for Hearing Impaired Children, and a
Member of the Board for the Rights of the Disabled.
Steve Johnson PRESENTED the second AWARD to the Virginia Beach Mental
Retardation Developmental Disabilities Programs for the Infant Stimulation
Program. Phyllis Jackson, co-ordinator of the Infant Stimulation Program
ACCEPTED the AWARD. Members of the Community Services Board, John A. Carbone,
Priscilla Beede and Martin V. Cornetta, were in attendance. Phyllis recognized
representatives from the Infant Stimulation Program in the audience.
Steve Johnson PRESENTED the final AWARD to LEGGETTIS DEPARDMT STORE for their
fashion show for the Visually Impaired. Dave Stovall, General Manager and
Betty Graham, co-ordinator of the Fashion Show ACCEPTED the AWARD.
Item IV-A.2.
CEREMONIAL PRESENTATIONS ITEM 28238
Mayor Robert G. Jones PRESENTED A PLAQUE to the MAYOR'S COMMITTEE ON AGING.
WILKY SCOTT
Outgoing Chairman
1985 - 1987
This AWARD was PRESENTED for Wiley Scott's outstanding contribution of service
to the Committee.
Gordon Morton, Chairman of the MAYOR'S COMMITTEE ON AGING, presented an AWARD
to the Mayor for appropriate display which the Mayor's Committee had received
from the Virginia Association of Aging for Outstanding Contributions for the
Benefits of Older Persons.
- 12 -
Item IV-A-3-
CEREMONIAL PRESENTATIONS ITEM # 28239
Mayor Robert Jones RECOGNIZED:
LITTLE MISS VIRGTNIA BEACH
Jerinifer Lee Harvie
Jennifer was accompanied by her parents, Allen and Donna and her sister,
Michelle.
Jennifer won the TALENT COMPETITION with her piano solo. Jennifer is attending
the Old Dominion University Drama Workshop and performing with Kempsville
Playhouse Footlight Players. Jennifer appeared in the Hollywood Movie,
"Phoebell, wliich was filmed in Williamsburg and attends Providence Elementary
School as well as the Old Donation Center for the Gifted and Talented and is a
straight "All student
Mayor Jones presented Jennifer with the Seal of the City of Virginia Beach.
- 13 -
Item V-A.4.
CEREMONIAL PRESENTATIONS ITEM # 28240
Mayor Robert Jones RECOGNIZED:
LITTLE MISS PHILIPPINES
Jerralyn A. Jorge
Jerralyn's mother and brother were also in attendance.
Jerralyn is a student at PROVIDENCE ELEMENTARY SCHOOL.
Mayor Jones presented Jerralyn with the Seal of the City of Virginia Beach.
- 14 -
Item IV-A-5-
CEREMONIAL PRESENTATIONS ITEM # 28241
The City Clerk read the PROCLAMATIONS which were issued by the Mayor during
October in addition to those presented at City Council Meetings:
SPINA BIFIDA MONTH October 1987
YWCA DOMESTIC VIOLANCE WEEK October 1987
MS READATHON MONTH October 1987
DISABLED AMERICAN VETERANS
FORGET-ME-NOT DAY October 2, 1987
MINORITY BUSINESS ENTERPRISE WEEK October 4-10, 1987
NATIONAL 4-H WEEK October 4-10, 1987
TEMPORARY HFLP SERVICES WEEK October 4-10, 1987
PLAN TO GET OUT ALIVE WEEK October 4-10, 1987
COLUMBUS DAY October 12, 1987
WORTHY GRAND MATRON
Ada May Lynch Day October 17, 1987
VENTURE WEEK October 18-24, 1987
NATIONAL HIGHER EDUCATION WEEK October 24-31, 1987
- 1 5 -
F OR MA L S E S S ION
VIRGINIA BEACH CITY COUNCTL
October 26, 1987
7:20 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, October
26, 1987 at 7:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Erich Thompson, DD
Kings Grant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 16 -
APPROVAL OF ITEMS FOR THE FOR14AL AGENDA
Item V-D.1 ITEM # 28242
Councilman Baum requested an item be added to UNFINISHED BUSINESS
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
- 17 -
Item V-E.1
MINUTES ITEM # 28243
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of October 19, 1987.
Councilman Moss, as per MEMORANDUM received from City Staff, AMENDED:
Page 20, Item # 28206
ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE
ASSOCIATES FOR CHANGES OF ZONING FROM AG-2 TO B-2
Z010871090
The Second condition should be AMENDED to correctly
read:
2. A Stockade fence with Category @ VI landscaping
shrubbery Gategar:F
in accordance with Department of
Planning document dated September 7, 1987 entitled:
"Draft Landscaping, Screening and Buffering
Specifications and Standards" ft4:eng bi@.
property 14:ne abtitting t . The Category
VI Landscaping shall be on the A-2 side of the
Fence, which is the least intensely developed side.
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 V-F. 1 .
PUBLIC HEARING ITEM # 28244
Mayor Robert G. Jones DECLARED A PUBLIC HFARING:
City of Virginia Beach 1988-1989 Fourteenth Year
Community Development Block Grant Program
($2,16o,ooo).
The following registered to speak:
Freda Stanley, represented the League of Women Voters, advised the 1980 census
revealed 12,000 subsidized units were needed to insure families a decent
home. 2,275 of those units are now in existence. The City is 80% short of
that need. The greatest numbers fall within the two categories of single
female heads of households and the Elderly Households (poorest in the City).
Brenda McCormick, Mediterranean Avenue, represented Mother's Tncorporated, a
Hunger Relief Organization. Brenda McCormick shared her views on the poor and
hungry via a poem.
Mary Thurston, Graham Road, Phone: 481-1553, represented Mother's Incorporated,
spoke relative a permanent year-round shelter for the homeless, transitional
housing and affordable housing.
Alice Taylor, Olive Grove, represented the St. Columbia Ecumenical Ministries
and the Virginia Beach Coalition on Homeless. The City of Virginia Beach could
continue to fund through the City Budget Capital Improvement Funds in the
Target Areas thus freeing the CDBG Funds for other housing needs of the poor
throughout the City not just the TARGET AREAS. Virginia Beach could instigate
Housing Trust Fund.
Judy Schorr, 4812 Eastwind, Phone: 467-4112, Go-ordinator of Social Ministry
at Church of the Ascension spoke relative housing for the elderly and low and
moderate income families. Permanent low cost housing is needed to be built in
Virginia Beach.
Father William J. Dale, 4853 Princess Anne Road, Phone: 495-1886, Pastor
Ascension Catholic Church and Member of Virginia Beach Coalition for the
Homeless. Assessment and evaluation should be made of those who are employed
as to whether they will earn enough to live in this community with some basic
quality of life. Funding levels in the CDBG Funds have remained static for the
past ten years despite the City's growth. The development of housing stocks
is the most critical need facing this community.
Edward Gibbs, 3832 Concord Bridge Road, Phone: 431-9079, spoke relative the
consideration of a "Tool Lending Library" available to all citizens of
Virginia Beach. These tools, expensive to purchase and difficult to borrow,
could be utilized to general home maintenance and restoration of a dwelling.
There being no further speakers, the Mayor CLOSED THE PUBLIC HEARING.
- 19 -
Item V-G. 1 .
PUBLIC HEARING
PLANNING ITEM # 28245
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. VIRGINIA BFACH MARLIN CLUB, INC. RECONSIDERATION (CHARLES
0. PEEL) CONDITIONAL USE
PERMIT
b. VIRGINIA BFACH S.P.C.A. CONDITIONAL USE PERMIT
c. MARIE T. LAMB CHANGE OF ZONING
d. L. L. AND SHIRLEY ELIZABETH LIVERMAN CHANGE OF ZONING
e. RONALD H. AND SANDRA C. WOOD CHANGE OF ZONING
f. ONTARIO DEVELOPMENT, INC. CONDITIONAL USE PERMIT
- 20 -
Item V-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 28246
Attorney Debroah Rawls, 1213 Laskin Road, Suite 107 - Phone: 422-4700,
represented the applicant, and requested an amendment to a Conditional Use
Permit granted on August 10, 1970. All Marinas in the area are now allowed to
comply with the existing zoning requirement of one parking space per boat
slip.
Patrick I. Milmoe, 108 Woodfall Drive, Richmond, Virginia, the appplicant,
advised, based upon experience with other Marinas the requirement was AMENDED
from two spaces per boat slip in 1970 to one space per slip. The Marina has
been rebuilt this past year with bulkheading and slips to accommodate 25 boat
slips. The patrons of Rudees have been allowed to use this facility's parking
spaces, as the existing restaurant was not being utilized. This arrangement
will not be renewed.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
AMENDED THE CONDITIONS of the following application in behalf of VIRGINIA BEACH
MARLIN CLUB INCORPORATED:
Application of Charles 0. Peel (APPROVED on August
10, 1970) for a Conditional Use Permit for a public
marina with related facilities, including office,
fuel dock, bulkhead, piling and walkway for boat
slips, on property located on the Southwest corner
of Winston Salem Avenue and Mediterranean Avenue,
running a distance of 135 feet along the South side
of Winston Salem Avenue, running a distance of 100
feet along the West side of Mediterranean Avenue
(Shadow Lawn Heights Area) (Virginia Beach Borough).
The following conditions shall be required:
1. The condition of the application (Charles 0. Peel)
ADOPTED by City Council on August 10, 1970, shall
be MODIFIED to require only one parking space per
slip.
2. There shall be no other uses other than parking for
the MARINA and the existing restaurant.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley Mayor Robert G.
Jones and John L. Perry
Council Members Voting Nay:
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker
Council Members Absent:
None
PUBLIC NOTICE
Virginia Beach City Council
will RECONSIDER at 7:00 PM,
Monday, October 26, 1987:
Conditions approved 10/10/70
in application for a conditional
use (Public Marina) at Winston
Salem and Mediterranean
Avenues (Shadowlawn Heights,
Virginia Beach Borough).
Ruth Hodges Smith, CMC
City Clerk
345-8 2t 10-21 VBS
- 21 -
Item V-G.l.b
PUBLIC HEARING
PLANNING ITEM # 28247
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant and advised the reason for reconsideration is the size of the
building. Previously a 10,000 square foot building was requested. Now a
facility of 11,890 square feet is required. Attorney Charles Salle' displayed
an architect's rendering of the new facility. This building is rectangular in
shape and the other building was essentially square. All of the facilities
will be enclosed within the building.
Upon motion by Councilwoman McClanan, seconded by Councliman Perry, City
Council APPROVED AN AMENDED CONDITION upon the application of VIRGINIA BEACH
S.P.C.A., a Virginia Non-Stock Corporation, for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
S.P.C.A., A VIRGINIA NON-STOCK CORPORATION, FOR A
CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL
POUND, SHELTER AND KENNEL R012861002
Ordinance upon application of Virginia Beach
S.P.C.A., a Virginia Non-Stock Corporation for a
Conditional Use Permit for an animal hospital,
pound, shelter and kennel on certain property
located on the east side of Holland Road, 650 feet
south of Landstown Road. Said parcel contains 2.5
acres. Plats with more detailed information are
avialable in the Department of Planning. PRINCESS
ANNE BOROUGH.
1 . The Conditional Use Permit shall be AMENDED to
allow for a larger facility (11,890 square feet).
2. All facilities shall be enclosed.
The following conditions shall remain requirements of the use permit:
3. Dedication of a variable width right-of-way 46 feet
from the centerline of Holland Road.
4. Ten (10) foot landscaped scenic easement in front
of property.
5. Said application shall apply to those services
presently provided in the facility on General Booth
Boulevard with no additional services than exist
under the current conditional use.
Item V-G.l.b.
PUBLIC HMING
PLANNING ITEM 28247 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item V-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 28248
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, advised in
the Amended Deed Restrictions, the applicant has agreed to limit the sale and
development of the site to condominiums for sale as opposed to apartments for
rent. The Height shall be limited to two stories and not exceed 30 feet. Due
to the increase in traffic generated by the development, the applicant has
reduced the density request to a total acreage of 64 units. Each unit would
project a total of 6.84 trips per day based on calculations provided by Staff.
Julie L. Smith, 1613 Ellsberg Court, Phone: 424-6500, represented the
applicant, and advised Marie Lamb wishes to relocate within the Kempsville
area. If the density is reduced, there will be a reduction in the sale price.
The possibility of this reduction has been discussed with Mrs. Lamb. Julie
Smith advised she is a Member of the Real Estate Firm, GSH Residential Sales,
which was the listing agent.
OPPOSITION:
Nancy Y. Imeson, 4754 Eldon Court, Phone: 497-6544, Homeowner in Kempsville
Lakes and Manager of the Kempsville Lakes Homeowners Association. Nancy Imeson
advised by the end of this summer the area of Kempsville Lakes should have a
total of 1267 townhomes. Some areas have not yet been developed by R. G.
Moore. Kenley Road at the present time is a deadend street; however, Nancy
Iemson has been informed by the Highway Department same shall be a
thoroughfare. As the Association Manager, Nancy Y. Imeson was not informed
when this item was SCHEDNED for the Planning Agenda.
Pamela A. Falls, 4848 Tunlaw Court, Phone: 497-0614, long time resident of
Virginia Beach and the Kempsville area and homeowner for 1 1/2 years in
Kempsville Lakes. Pamela Falls was concerned with the resale value.
Jeff Schlerf, 209 Weller Boulevard, Phone: 497-6544, Vice President of the
Board of Directors at Kempsville Lakes. The Association did not receive notice
of the item SCHEDULED for the Planning Commission Agenda. Jeff Schlerf cited 4
major objections: (1) Lack of Privacy, (2) Density, (3) Property Values and
(4) Traffic congestion.
The City Clerk referenced the Revised Agreement enclosed in City Council's mail
Envelo,Des (Said Agreement is hereby made a part of the record).
a MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf to DENY
application of 14arie T. Lamb for a Change of Zoning from R-8 Residential
District to A-1 Apartment District at the Southwest corner of Bonney Road and
Kenley Road (4973 Bonney Road), containing 7.8 acres (Kempsville Borough).
A SUBSTITUTE 140TION was made by Councilman Baum, seconded by Councliman Perry
to ADOPT an application of Marie T. Lamb for a Change of Zoning from R-8
Residenti-al District to A-1 @@-@artment District at the Southwest corner of
Boianey Road and Keil--y ?,oad (4973 Bonney @oad), containing 7.8 acres
(I-empsville Boroug.,.i).
loi@--,ic'-,Lian Baum AIFENDIID his SUBSTITUTE I,IOTIOIT.
- 24 -
Item V-G.l.c
PUBLIC HEARING
PLANNING ITEM # 28248 (Continued)
Upon AMENDED MOTION by Councilman Baum, seconded by Councilman Perry, City
Council DEFERRED an Ordinance upon application of MARIE T. LAMB for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF MARIE T. LAMB FOR A
CHANGE OF ZONING DISTRICT APPLICATION FROM R-8 TO
A-1
Ordinance upon application of Marie T. Lamb for a
Change of Zoning District Classification from R-8
Residential District to A-1 Apartment District at
the southwest corner of Bonney Road and Kenley Road.
Said parcel is located at 4973 Bonney Road and
contains 7.8 acres. Plats with more detailed
information are available in the Department of
Planning. KEMSPVILLE BOROUGH.
This DEFERRAL will enable the revised deed restrictions of the applicant to be
submitted to the City Attorney's Office for review. Marie T. Lamb shall be
conferred with and informed of the proposed reduced price for her property.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Abstaining:
Harold Heischoberi@
Council Members Absent:
None
Councilman Heischober ABSTAINED as he is the owner of a townhouse in KEMPSVILLE
LAKES.
- 25 -
Item V-G.l.c.(a).
ANNOUNCEMENT TTEM @# 28249
Mayor Robert G. Jones interrupted the PLANNING AGENDA to ANNOUNCE the City
Manager, Thomas H. @luehlenbeck, had ACCEPTED the City Manager's position in
Plano, Texas.
- 26 -
Item V-G.l.d.
PUBLIC HEARING
PLANNING ITEIA # 28250
Rod Liverman, 701 South Military Highway, Phone: 424-4646, represented his
parents, the applicants. Rod Liverman advised the applicant's attorney, Mel
Smith, was called out of town. Mr. Liverman requested DEFERRAL to enable
representation.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
DEFERRED for thirty days until the City Council Meeting of December 7, 1987, an
Ordinance upon application of L. L. AND SHIRLKY ELIZABETH LIVERMAN for a Change
of Zoning:
ORDINACE UPON APPLICATION OF L. L. AND SHIRLEY
ELIZBETH LIVERMAN FOR A CHANGE OF ZONING DISTRICT
CLASSTFICATION 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 Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko," John A. Baum, Robert E. Fentress,"
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
*Verbal Aye
- 27 -
Item V-G.l.e.
PUBLIC HF.ARING
PLANNING ITEM # 28251
The City Clerk referenced the letter of September 29, 1987, from Ronald H. Wood
requesting WITHDRAWAL of his application.
Ronald H. Wood, 4277 Blackwater Road, Phone: 421-2632, the applicant,
represented himself and requested WITHDRAWAL due to some of the zoning changes
implemented since the application was first instituted.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of RONALD H. & SANDRA C.
WOOD for a Change of Zoning:
ORDINANCE UPON APPLICATION OF RONALD H. & SANDRA C.
WOOD FOR A CHANGE OF OZNING DISTICT CLASSIFICATION
FROM R-5 TO R-8
Ordinance upon application of Ronald H. & Sandra C.
Wood for a Change of Zoning District Classification
from R-5 Residential District to R-8 Residential
District on the north side of Stumpy Lake Lane,
2640 feet more or less east of Indian River Road.
Said parcel is located at 3828 Stumpy Lake Lane and
contains 2 acres. Plats with more detailed
information are available in the Department of
Planning. KEIAPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 28 -
Item V-G.l.e.
PUBLIC HF.ARING
PLANNING ITEM # 28252
Attorney Michael A. Inman, Suite 500, Pembroke Five Building, represented the
applicant, and advised the applicant is a developer of auto care centers and
will build a four bay facility which they will rent out space to franchise and
sometimes non-franchise specialty shops. Attorney Inman distributed
photographs of the existing facility on Holland Road. (Said pictures are
hereby made a part of the record.) Attorney Inman presented a copy of a
letter to the City Clerk from Bill Van Hoy, President of the Lake Christopher
Homeowners Association, dated October 25, 1987. Said letter reflects the Lake
Christoper Homeowmers Association, based upon the deed restrictions, is not in
opposition to the application.
Michael Gilman, 537 Rivers Reach, Phone: 463-2407, Resident Manager for Ontario
Development, will be on site to supervise the operations. The Health
Department utilized the volume at the Holland Road business to approve the
septic tank.
A MOTTON was made by Councilman Moss, seconded by Vice Mayor Oberndorf to DENY
an application of Ontario Development, Inc. for a Conditional Use Permit for an
automobile repair establishment (Car Care Mall Automobile Servi on
property located on the South side of Indian River Road, 400 feet East of
Kempsville Road, containing 1.61 acres (Kempsville Borough).
Voting: 5-6 (MOTION LOST DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold Heischober,
I
Mayor Robert G. Jones," Reba S. McClanan and John L.
Perry
Council Members Absent:
None
*Verbal Nay
- 29 -
Item V-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 28252 (Continued)
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED an Ordinance upon application of ONTARIO DEVELOPMENT, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ONTARIO DEVELOPMENT,
INC. FOR A CONDITIONAL USE PERMIT FOR AN AUOTMOBILE
REPAIR ESTABLISHMENT (CARE CARE MALL AUTOMOBILE
SERVICE CENTER) R010871090
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of Ontario Develpment,
Inc. for a Conditional Use Permit for an automobile
repair est blishment (Care Mall @utomobile Service
Center) on certain property loated on the south
side of Indian River Road, 400 feet east of
Kempsville Road. Said parcel contains 1.61 acres.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Dedication of 12 feet of right-of-way along Indian
River Road to provide for an 8-lane divided
arterial as per the Master Street and Highway Plan.
2. Only one curb cut along Indian River Road will be
permitted.
3. Lighting shall be directed onto the facility itself.
4- Category I Screening shall be utilized on the South
and eastern portion of the property, as depicted in
the site plan.
5. There shall be an oil separator inside the building
to catch all drainage from all the shops on the
interior of the building. The Exterior drainage
system on the property shall be directed to the
front of the property which will also have an oil
separator.
6. The facility shall be split beige block and a brown
roof line.
7. A deed restriction has been filed between the
applicant and the LAKE CHRISTOPHER HOMEOWNERS
ASSOCIATION stating: "No use shall be made of the
property by the owner, its tenants, successors or
assigns, which will cause any material hazardous to
humans, animals, or plant life (liquid or solid) to
be introduced into the ground or off-site drainage
system."i@
Further conditions may be required during the
administration of applicable City Ordinances.
*This deed restriction is not between the City and the applicant and
therefore not enforceable by the City.
- 30 -
Item V-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 28252 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-sixth day of October Nineteen Hundred and Eighty-seven.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 31 -
Item V-H.1
ORDINANCES ITEM # 27253
Thomas F. Holland, Chairman of the WETLANDS BOARD, advised the previous
Disclosure Ordinance in effect by the City Council performed the task. This
present Disclosure Statement is too encompassing with regards to family
members; i.e, if a Member of a Board or City Council has an Attorney or Real
Estate Agent for a spouse, they must provide the Board Member with a listing
of potential individuals which may come before said Board or City Council. This
is a breach of a Client relationship. There has not been one decision in
Chairman Holland's 9 1/2 years on the WETLANDS BOARD that has been questioned
because of CONFLICT OF INTEREST by any Member of said Board or any citizen. The
WETLANDS BOARD is briefed by a City Attorney who shares his concerns. The
WETLANDS BOARD was excluded by the General Assembly from their STATEMENT OF
ECONONIC INTERESTS. Chairman Holland believed the ADOPTION of this Ordinance
would limit the City Council's TALENT BANK.
A MOTTON was made by Councilman Moss, seconded by Councilwoman McClanan to
ADOPT:
Ordinance designating certain appointees and
employees to file a disclosure statement of their
personal interests and other information specified
on the form set forth in Section 2.1-639-15 of the
Code of Virginia State and Local Government
Conflict of Interests Act.
Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McClanan and John D. Moss
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
None
- 32 -
Item V-H.2
ORDINANCES ITEM # 28254
George Owens, 2216 Sandfiddler Road, Phone 426-2400, represented the Sandbrie,,ge
Civic League, and spoke in SUPPORT of the Ordinance.
Thomas Shell, 335? Sandfiddler, Phone 721-6210, represented Ocean Rentals,
Ltd., spoke in OPPOSITION and preferred the Original Ordinance ADOPTED on July
13, 198?.
Daniel R. Ellison, 1604 Mitchell Court, Phone: 467-0029, expressed appreciation
to Vice Mayor Oberndorf but expressed mixed emotions as a shark fisherman and
preferred the Ordinance which was orignally considered which only outlawed
Chumming.
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-31 of the
Code of the City of Virginia Beach, Virginia,
pertaining to shark fishing at Little Island Park.
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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
APPROV
SIGNA-U'.E
PROV[D AS TO LEGAE' A ORDINANCE TO AMEND AND REORDAIN
TION 6-31 OF THE CODE OF THE
Y AND FORM '
C@@Y OF VIRGINIA BEACH, VIRGINIA,
TAINING TO SHARK FISHING
DAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-31 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 6-31. Shark fishing restrictions.
13
14 a. During the season from Memorial Day weekend through
15 Labor Day weekend, no person shall (i) place in the marginal
16 adjacent ocean or bay within five hundred (500) yards of the mean
17 low water line any chum, blood or free floating bait for the
18 purpose of attracting sharks or (ii) except as provided in this
19 section, fish for sharks within the city limits and the marginal
20 adjacent waters within five hundred (500) yards of the mean low
21 water line. These prohibitions shall include fishing or chumming
22 from any beach, structure, jetty or boat, utilizing tackle, bait
23 or chum intended for or commonly used to catch or attract sharks.
24 b. Shark fishing shall be permitted during the period
25 7:00 p.m. through 7;00 a.m. from the beach commencing at the
26 south boundarv of Little Island Park, extending four hundred
27 (400) feet north.
28 bT c. Any person who shall violate any provision of
29 this section shall be guilty of a Class 3 misdemeanor.
30
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 26th day of October 1987.
33
34 WEB/epm
35 10/19/87
36 CA-02478
37 \ordin\proposed\06-031.pro
38
39
- 33 -
Item V-H-3
ORDINANCES ITEM # 28255
Frances Elrod, Director of Social Services, advised the City Treasurer has
informed Social Sevices, they are no longer able to provide service. Several
other options that were analyzed for issuance of food stamps but not
recommended because of cost were: Issuance from multiple sites, Issuance of
coupons through the mail; and, contract with local armored car companies.
Randy Thompson, Fiscal Officer, Social Services, advised currently 48% of the
people participating in the Food Stamp Program utilize the Social Services
Department (formerly Miller's Department Store). 80% of the users of Food
Stamps come in within the first five working days resulting in a heavily
concentrated workload, approximately 1,000 individuals the first work day.
There are approximately 2600 transactions monthly. The Princess Anne
Municipal Center handles 152, Kempsville Office - 358, Haygood Office -
379, Arctic Avenue Office - 462, and Social Services 1,244.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Cuncil
ADOPTED:
Ordinance to TRANSFER funds in the amount ol-
$15,513 from the City Treasurer to the Department
of Social Services and funds in the amount of
$19,420 within the Department of Social Services
for support costs for issuance of food stamps from
December 9, 1987, to June 30, 1988;
AND,
TRANSFER two full-time permanent positions
currently vacant from the City Treasurer to the
Department of Social Services to provide staffing
for issuance of food stamps.
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. McCianan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER $34,933 FROM THE CITY TREASURER
AND FROM WITHIN THE THE DEPARTMENT OF SOCIAL SERVICES
FOR SUPPORT COSTS FOR ISSUANCE OF FOOD STAMPS
WHEREAS, due to other service demands, the City Treasurer has indicated an
unwillingness to continue to provide for issuance of Food Stamps afte@ December
9, 1987 in the City, and
WHEREAS, the DepartmenL of Social Services, after lengthy review of various
alternatives, has agreed to provide for such issuance at one site with two full
time permanent positions and temporary help, as needed, in the Department of
Social Services offices, and
WHEREAS, funding for the the support costs for issuance of Food Stamps was
included in Lhe City Treasurer's portion of the FY 1987-88 Operating Budget, and
WHEREAS, analysis completed by the Office of Budget and Evaluation has
determined that the total cost of such support for the period December 9, 1987 to
June 30, 1988 totals $34,933, and
WHEREAS, $19,420 of Lhis cost can be transferred from ithin the Department
of Social Services through curtailment of payments to the City Treasurer for
issuance activities.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in Lhe amount of $15,513 be transferred from the CiLy
Treasurer to the Department of Social Services and that $19,420 be transferred
within the Department of Social Services to cover costs of thal DepartmenL
issuing Food Stamps from December 9, 1987 to June 30, 1988 and
BE IT FURTHER ORDAINED that two full time permanent positions which are
currently vacant be transferred from the City Treasurer to Lhe DepartmenL Of
Social Services to provide staffing for Food Stamp issuance with such Lransfer to
to be effective October 26, 1987 to allow recruitment for the positions prior to
implementation of issuance by the Department of Social Services.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the- 26th day of October 1987.
34 -
Item -H.
ORDINANCES ITEM # 28256
Betty Barbey, 1329 Chickadee Lane, Phone: 425-7357, presented a petition
containing over 314 names in support of a request for a taffic light at the
intesection of Eaglewood Drive and Oceana Boulevard (Redwing). (Said
Petition is hereby made a part of the record).
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance to TRANSFER funds in the amount of
$80,000 within the Public Works Department FY
1987-1988 Operating Budget for signalization of the
intersection of Oceana Boulevard and Eaglewood
Drive.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOTJNT
OF $80,000 WITHIN THE PUBLIC WORKS DEPARTMENT OPERATING
BUDGET FOR SIGNALIZATION OF THE INTERSECTION OF
OCEANA BOULEVARD AND EAGLEWOOD DRIVE
WHEREAS, the results of a traffic study conducted by the Traffic
Engineering Division of Public Works indicated the need for traffic signalization
of the intersection of Oceana Boulevard and Eaglewood Drive to insure the safe
movement of traffic, and
WHEREAS, the cost of installing the traffic signals at the above
location is estimated to cost $80,000, and
WHEREAS, funds for the installation are not included in the current
operating budget and it will be necessary to redesignate funds originally
approved for traffic signal updates at otber locations in the city be used for
signalization of the intersection of Oceana Boulevard and Eaglewood Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA that funds in the amount of $80,000 in the FY 1987-88 Operating
Budget, originally designated for traffic signal updates in other locations of
the city, are hereby redesignated and transfered within the Public Works Depart-
ment operating budget for signalization of the intersection of Oceana Boulevard
and Eaglewood Drive.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
26th day of 1987.
ORDSIGNAL
- 35 -
Item I.
CONSENT AGENDA ITEM # 28257
Upon motion by Councilman Fentress, seconded by Councilman Perry, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT
AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, iiancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
36 -
Item V-I. 1
CONSENT AGENDA ITEM # 28258
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED upon FIRST RFADING:
Ordinance to ACCEPT and APPROPRIATE grants from the Southeastern
Virginia Areawide Model Program, Inc. (SEVAMP):
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
AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANTS FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMP)
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 government, t:hrough the Older
Americans Act, makes funds available through the Southeastern
Virginia Areawide Model Program, Inc., (';EVAMP) for such
programs; and
WHEREAS, the Department of ParkE; and Recreation
continues to provide a nutritional program ELnd 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 Conununity 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 _ day of 1987.
First Reading: October 26, 1987
Second Reading:
APP'ZOVED AST@) coNTENT
- 37 -
Item V-I.2.
CONSENT AGENDA ITEM # 28259
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of City property known as man-made
canal to Long Greek to David G. Bennett, Sr. and
Joan E. Bennett, 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 become unsightly or a hazard.
4. If the enroachment is approved, the owner should
not begin construction until all other permits are
obtained.
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 Ilay:
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 CITY
6 PROPERTY TO DAVID G.
7 BENNETT, SR. AND JOAN E.
8 BENNETT, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent
15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
16 amended, David G. Bennett, Sr. and Joan E. Bennett, their heirs,
17 assigns and successors in title are authorized to construct and
18 maintain a temporary encroachment into City property known as
19 man-made canal to Long Creek.
20 That the temporary encroachment herein authorized is
21 for the purpose of constructing and maintaining a pier and that
22 said encroachment shall be constructed and maintained in
23 accordance with the City of Virginia Beach Public Works
24 Department's specifications as to size, aligriment and location,
25 and further that such temporary encroachment is more particularly
26 described as follows:
27
28 An area of encroachment into a
29 portion of the City's property
30 known as man-made canal to Long
31 Creek as shown on that certain plat
32 entitled: "PROPOSED NEW TIMBER
33 BLKD AND 10'X 261311 PIER IN MAN-
34 MADE CANAL-BAY ISLAND AT VA BCH,ll a
35 copy of which is on file in the
36 Department of Public Works and to
37 which reference is made for a more
38 particular description.
3 9
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to David G. Bennett, Sr. and Joan E. Bennett,
43 their heirs, assigns and successors in title and that within
44 thirty (30) days after such notice is given, said encroachment
45 shall be removed from City's property known as man-made canal to
46 Long Creek and that David G. Bennett, Sr. and Joan E. Bennett,
47 their, heirs, assigns and successors in title shall bear all
48 costs and expenses of such removal.
49 AND, PROVIDED FURTHER, that it is expressly understood
50 and agreed that David G. Bennett, Sr. and Joan E. Bennett, their
51 heirs, assigns and successors in title shall indemnify and hold
52 harmless the City of Virginia Beach, its agents and employees
53 from and against all claims, damages, losses and expenses
54 including reasonable attorney's fees in case it shall be
55 necessary to file or defend an action arising out of the location
56 or existence of such encroachment.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that David G. Bennett, Sr. and Joan E.
59 Bennett, execute an agreement with the City of Virginia Beach
60 encompassing the afore-mentioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 26th day of October 19 87
63
64
65 JAS/ih
66 07/29/87
67 CA-87-02364
68 (encroach\bennett.ord)
^f@KC)VED AS TO CONTENTS
4ut@7
,IIGNA@Rl
DEPARTMENT
APPROVED AS TO LEGAL
2
7,.
Ive L" ;s //<,D a
5@XeS C2@,
6),'Il Alld t 7- '@
C I Se 5 i
14
",I"kT P@O@@TY O..C.3:
T
COU.TY OF 17@TE L,/@
C@TION by
@.EET / OF_3 6@T@
17
55
E; vD
SEP "Is 198,1
CITY OF VA.A-A@ii
THIS AGREEMENT, made this day of b,,,,
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and DAVID G.
BENNETT, SR. and JOAN E. BENNETT, THEIR HEIRS, 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 construct and maintain a pier 26 feet by 10 feet
in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such pier,
it is necessary that the said party of the second part encroach
into a portion of existing City property known as man-made
canal to Long Creek; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such pier within a portion of the
City's property known as man-made canal to Long Creek.
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
zemporary encroachment to use a portion of the City's property
i"iuwii Lb itian-made canal to Long Creek for the purpose of
constructing and maintaining such pier.
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 property known as man-made
canal to Long Creek as shown on that
certain plat entitled: "PROPOSED NEW
TIMBER BLKD AND 10'x 261311 PIER IN MAN-MADE
CANAL-BAY ISLAND AT VA BCH," 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 sh@ll terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after su6h notice
is given, such temporary encroachment shall be removed from the
city's property known as man-made canal to Long Creek 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 tlie 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 including
2
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 party of the second part.
It is further expressly understood and agreed that
the party of the second part will not begin construction until
all other perinits are obtained.
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 property encroached upon the equivalent
of what would be the real property tax upon the land so
occupied if it were owned by the party of the second part; and
if such removal shall not be made within the time ordered
3
liereinabove 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 -@,enalties
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
;kpplzovE[
LEGAL SL)r,
By
David G. Bennett, Sr.
,)CONTENT
By
DLPAIrTMENT Joan E, Bennett
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
4
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:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that David G. Bennett, Sr., whose name is signed to the
5
log
foregoing writing, bearing date the day f
19 has acknowledged the same
before me in my City and State aforesaid.
under my hand this
Given It day of
199).
mot @y ublic
my commission Expires: @9,4.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
4. a Notary
Public in and for the City and State aforesaid, do hereby
certify that Joan E. Bennett, whose name is signed to the
foregoing writing, bearing date the /,/ @ day of
19 has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
192)
Not lic
My Commission Expires:
JAS/ih
07/29/87
CA-2364
(encroach\bennett.agr)
6
- 38 -
Item V-I-3
CONSENT AGENDA ITEM # 28260
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Preliminary Subdivision of Seaboard Associates (5
lots below the green line) -- The Developer shall
be require to connect to City water and sewer
systems.
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
- 39 -
Item V-I-4-
CONSENT AGIgiDA ITEM # 28261
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED:
Low Bid to Asphalt Roads & Materials Company, Inc.
in the amount of $694,533.92 for the first phase of
current FY 1987-1988 annual resurfacing program.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice 14ayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 40 -
Item V-I-5-
CONSENT AGENDA ITPi%l # 28262
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED:
Low Bid to North Landing Line Construction Company
in the amount of $385,408 to provide computer
communications to signal systems along Princess
Anne Road, Virginia Beach Boulevard, Kempsville
Road, Independence Boulevard, Rosemont Road, Great
Neck Road, First 'Colonial Road and Indian River
Road.
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. McCla-,ian, 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 V-1.6.
CONSENT AGENDA TTEM # 28263
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED:
Low Bid to Falcon Construction Corporation in the
amount of $101,018 to provide new and improved
water service and fire protection to residents in
the Woodhurst area.
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
- 42 -
Item V-I.7.
CONSENT AGENDA ITEM # 28264
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED:
RAFFLE PERMITS:
Little Neck Circle of King's Daughters
Kempsville Junior High School Band Parents Association
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
- 43 -
Item V-I.8
CONSENT AGENDA ITD4 # 28265
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance authorizing License Refunds in
the amount of $4,360-85 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. .0. C.A. 8 REV. IN
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 cenification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Bayoff Ltd.
T/A Tan Fast Tik XI
3442 Marabou Lane
Va. Beach, VA 23452 1985-86 Audit 141.08 141.08
Defense Marketing Corp.
2697 Dean Drive
Va. Beach, VA 23452 1985-86 Audit 330.46 330.46
Dionne Associates Ltd.
2940 N. Lynnhaven Road
Va. Beacli, VA 23452 1985-86 Audit 81.49 81.49
Certified as to Payment:
R@bert P. Vaughan
Commissioner of the Revenue
Ai)i)roved as to
ale Bimsdn
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $91,1-01 were approved by the Council
of the City of Virginia Beach on the 26th day of October '19 87
Ruth Hodges Smith
City Clerk
VOHM NO CA @ tiLV
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
Odom Construction Corp.
P. 0. Box 68065
Va. Beach, VA 23455 1985-86 Audit 90.99 90.99
Catherine 1. Sears
T/A Tidewater Chiropractic
4305 Portsmouth Blvd.
Portsinouth, VA 23701 1987 License 30.00 30.00
Henry G. Sellers, Jr.
T/A HOS Hauling
1216 Eydon Court
Va. Beach, VA 23464 1984-86 Audit 14.77 14.77
Certified as to Payment:
@ert P. Vaughan
Commissioner of the Revenue
Appro,ved as to to
aie nimson
This ordinance shall be effective from date of Cl@ Attorney
adoption.
The above abatement(s) totaling $135.76 were approved by the Council
of the City of Virginia Beach on the 26thday of October 19 87
Ruth Hodges Smith
City Clerk
FOHM NC) C.A 8 f'FV. 32W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Eddy Current Technology Inc.
201-A florice Avenue
Va. Beach, VA 23462 1985-86 Audit 1,311.24 1,311-.24
Charles 0. Henne
T/A I Love Home Parties
3428 Dandelion Crescent
Va. Beach, VA 23456 1985-86 Audit 54.95 54.95
Irene A. & Walter Ii. Lyon
T/A Grandma's Baby Shop
2948 Delaware Crossing
Va. Beach, VA 23456 1985 Audit 30.00 30.00
Certified as to Payment:
@ert P. Vaughan
Commissioner of the Revenue
@.@e' @imson
This ordinance shall be effective from date of City@ttorney
adoption.
The above abatement(s) totaling $ 1 , 3 9 6 . 1 9were approved by the Council
of the City of Virginia Beach on the 26th day of October 19 8 7
Ruth Hodges Smith
City Clerk
FORM NO C@A 8 REV..TN
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
The Candy Tray, Inc.
1852 Timberwood Lane
Va. Beach, VA 23454 1985-86 Audit 18.52 18.52
United States Sales Corp.
2697 Dean Drive
Va. Beach, VA 23452 1985-86 Audit 2,257.35 2,257.35
Certified as to Payment:
@Robert P. Vaughan@
Commissioner of the Revenue
Approyed as to t
This ordinance shall be effective from date ot Ct Attorney
adoption.
The above abatement(s) totaling $2,275,87 were approved by the Council
of the City of Virginia Beach on the 26 th day fOctober i98L-
Ruth Hodges Smith
City Clerk
- 44 -
Item V-J. 1 .
APPOINTMENTS ITEM # 28266
Upon NOMINATION by Councilwoman McClanan, City Council REAPPOINTED to the
PERSONNEL BOARD:
James A. Evans
Three year term (11/1/87 - 10/31/90)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 45 -
Item V-J.2
APPPOINTMENTS TTF1,1 # 28267
Upon NOMINATION by Councilman Balko, City Council APPOINTED to the
TRANSPORTATION SAFETY COMMISSION:
John L. Perry
Three year term (11/18/87 - 10/31/90)
John Herzke
Staff Ex Officio
AND RFAPPOINTED:
Lois Bostic
Three year term (11/1/87 - 10/31/90)
Reeves Johnson
Three year term (11/1/87 - 10/31/90)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
flarold He@-schober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
tleyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 46 -
Item V-K.1
UNFINISHED BUSINESS ITENI # 28268
ADD-ON
Councilman Baum referenced the article relative the truck cover Ordinance and
requested permission from the City Council to allow Louis Cullipher, Director
of Agriculture, to correspond with George Herbert, Virignia-Pilot/Ledger-
Star, concerning the methodology of farmers loading trucks with grain and
traveling to the grain elevators.
BY CONCENSUS, City Council AUTHORIZED Louis Cullipher to respond.
- 47 -
Item V-L. 1 .
UNFINISHED BUSINESS TTEM # 28269
Upon MDtion by Councilman Fentress, seconded by Councilwoman Parker, City
Council APPROVED:
Second Lowest Bid to Precon Construction Company in
the amount of $718,891.75 for improvements in the
resort area along Atlantic Avenue.
EAST COAST CORPORATION is declared a non-responsible bidder. On August 24,
1987, City Council AWARDED the construction contract to East Coast Corporation
($588,073.25). East Coast Corpration has been unable to produce the accceptable
bid bond or performance and payment bond for the contract documents to be
executed.
Improvements shall be completed by May 15, 1988.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 48
Item V-M. 1 .
RECESS INTO
EXECUTIVE SESSION ITEM # 28270
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Councilman Fentress, seconded by Councilman Baum, City Council
RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters, after
which to RECONVENE and then ADJOURN (11:40 P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Voting: 11-0*
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 49 -
Item V-M.2.
ANNOUNCMENT ITEM # 28271
ADD-ON
Mayor Robert G. Jones RECONVENED the Formal Session of the VIRGINIA BEACH
CITY COUNCIL at 12:00 MIDNIGHT.
The Mayor ANNOUNCED the acceptance by Thomas H. Muehlenbeck of the City
Manager's position in Plano, Texas and the APPOINTMENT of Aubrey V. Watts,
Jr., as City Manager of Virginia Beach effective within the next 90 days.
- 50 -
Item V-N.
ADJOURNMENT ITEM # 28272
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADJOURNED the Meeting at 12:05 A.M., October 27, 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
*Verbal Vote
Beverl@ 0. Hooks
Chief Deputy City Clerk
Ituth Hodgef Smith, CMC
City Clerk
City of Virginia Beach
Virginia