AUGUST 3, 1987 MINUTES
@it@ C)'f
"WORLD'S LARGEST RESORT CITY"
C" @OUNCIL
-- @OBERI G, J.1@, A,
VICE -IOR MEYE- O.E@--.
RO@-I l@T@,
-@R, A,
JO.N L '@-Y,
281 CITY HALL BUILDING
MUNICIPAL CENTER
@I.S.N. Ii,, VIRGINIA BEACH, VIRGINIA 23456 9m
[8041 427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
MWST 3, 1987
ITIM I. crry Ep's BRiErim - @ererice 10:30 Am
A. PZ) WING D@CE BASIN KMY
Mr. Donald @ueblood, City @ineer
ITIN II. COUNCIL CCW SESSION - Conference 11--30 Am
A. CMY CA=IL
1. CHARTER DIREET =TION CF 9CHOOL B@
2. CHARTER C@E: . CHARTER BOND LIMITS/BO@I@ AUTHORITY
ITEM III. INFO@ SESSION - Oonfererice Rom - 12:00 Pm
A. CALL TK) CRDER - Faycr Rcbert G. Jories
B. ROLL CATL OF COUNCIL
C. TO SESSION
ITTM IV. FO@ SESSICN - Ommil Chamber - 2: 00 pm
A. INVOCATION: Reverend Warren L. Reeves
United @thodist Church
B. CF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF At4ERICA
C. ELE)CTRONIC ROLL CALL OF CIIY C@IL
D. ADOPTION CP ITEMS FOR THE FO@ AGENDA
E.
1. INPO@ & FOPMAL SESSIUZ - July 13, 1987
F. PUBLIC BEARIM
1.
a. IDERATION of the application of Vdllian Everett Tolson
arxl F. T. Stant for a Charige of Zc)ning fran R-6 @sidential
District to B-1 Business-Pesidential District, on the east side
of Prirlcess Anne lbad, 280 feet south of Green Meadows Drive,
containing 42,907 e feet (Kempsville Borough).
Reconsideration authorized by City oduncil on June 22, 1987.
b. crdinance for the discontinuance, closure cmd aband@nt of a
portion of Maynard Street in the petition of Mitchell E. Dunbar
(KEMPSVille Borough).
D 180 days for ccmpliance February 2, 1987.
Recmmeridation: D to Sept@er 21, 1987.
c. Crdinance for the discontinuance, closure and aband@t of a
pcrtion of Shell FDad in the petition of S.A.S. Associates, a
Virginia Limited @tnership (Bayside Borough).
DEFERRED 180 days for cmpliarice C)Ctcber 27, 1986
DEFERRED 90 days April 27, 1987
ReociTmeridation: FINAL APP
d. Ordinance for the discontinuance, closure and abandorrnent of
portion of a 20-fcot lane located bet@en Virginia Beach
]3oulevard and 18th Street begiming at the eastern bc)@ary of
Park Avenue and running :in an easterly di-rection a distance of
304 feet more or less, parcel is 20 feet in width, containing
6040 square feet, in the petition of Hermm and Jack B.
Ja (Virginia Beach BoroLigh).
P--c ation:
e. Applications of E.S.G. Enterprises, Inc., for (hanges of
Zc)ning:
Frcrn AG-2 Agricultural District to R-6 Residential District on
property located on the @st side of I-blland lbad, 1600 feet
more or less south of @erry Lane, aontaining 4.079 acres
(Princess Anne Borough);
AND,
Fran AG-1 Agricultural District to R-6 Residential District on
property localed 600 feet @st of Eblland PDad, 2200 feet more
or less south of Bayberry Lane, containing 1001.88 square feet
(Princess Anne Borough).
Re@endation: APP
f. Applications of First V@inia Tand @:
For a Charige of Zc)n@ fran I-1 Light Industrial Mstrict to
A-1 Apartuent District on property located 180 feet mcre or
less @st of Baker lbad, 170 feet more or less sc)uth of Norfolk
@ S:>uthem Railroad right-of@y, parcel is part of Parcel 6,
recorded in Map Book 7, Page 45, con@ining 4.3 acres (Bayside
Borough).
AND,
Ebr a ODnditional Use Permit for a mcbile home park on property
located on the @st side of Baker PDad, 170 feet more or less
south of Ncrfalk and SDuthern Railroad right-of@y, parcel is
part of Parcel 6, recorded in Map BDok 7, Page 45, and Parcel C
and L. A. Walker Parcel, recorded in Map Bmk 32, Page 19,
containing 5.039 acres (Bayside Borough).
Re@endation: APP
g. Application of E. and Gwendolyn E. Rws for a variance
to Section 4.4(b) of @ SubdivisiDn ordinarr-e pertain@ to
direct access to a public street at 2741 Spigel Erive
(Lynnhaven BDrough) .
Re@endation: APPRUVAL
h. Application of en ford Limited Partnership for a
variance to Section 5.6(b) of the Subdivision ordinance
taining to sidewalks on both sides of minor streets within
c@cial and office develorments on property at the south@st
corner of South Lyrmhaven Poad and Lynnhaven Par@y (Lyrinhaven
Borough) .
Rec ation: AP
i. Application of Vixginia Beach es, Inc., for a variance
to Section 4.4(b) and 4.4(c) of the Subdivision ordinarr-e
pertaining to minimm lot width of 85 feet for corner lcts in
the R-6 Residential District on property at the riorth@st
corner of Daniel qnitb lbad and Lawrerce Drive (Bayside
Borough).
Pec@@ati.on:
j. Application of 11 ive, Inc., T/A Tread s,
for a (bnditional Use Perrnit for autcmcbile repair
(installation of tires) at the @theast corner of Indian River
Road and Kernpsville lbad, located at 1352 Kernpsville lbad,
containing 38,333 square feet (Kempsville B=ugh).
Pec ation: DENIAL
k. Ppplication of Clayton W. Fbrbes, Jr., Myers T. Forbes and
Etta H. Turrier for a Change of @ning frcm B-2 Ccnmunit@
Business District to A-@ Apartnent District on property located
6n- the south side of @ell lbad begiming at a point 200 feet
more or less uest of Bradford fbad, containing 2.7 acres
(Bayside B=ugh).
Bec ation: DENIAL
1. Crdinance to AMEND and REC)PDAIN Article 9, Section 933 of the
@ehmsive @ pertaining to sign regula@
in the B-4 Resort Cbmmercial District.
Re@ridation: APP@
G. RESOLMON
1. D @IM REVENLJE BOM:
Pesolution apprcving the issuance of Industrial DeveloE-t
Pefunding Pevenue Bond for al Mi-11 Assc)ciates $1,200,000.
H. ORDINANCES
1. Crdinance authori7-ing tbe City Manager to execute permits md
agre@ts with oceanfront landowners at Sanftridge in an
attempt to have Sa-ndbridge Beach declared by the (brps of lhgineers
as a disposal site for the deepening and dredging of the Ncrfolk
Harbor and Channels, the Baltimore Harbor Project, md other
Federal Navigation Projects.
2. ordinmce to AMEND and RBDRDAIN Section 6-123 of the Cbde of the
City of Virginia Beach pertaining to fing devices.
I. CONSENT AGENDA
All matters listed mder the @nsent Aigenda are considered in the
ordi.nary course of busimss by City Cburr-il and will be enacted by one
in the form listed. Tf an item is r@ed fran the Cbnsent
Aigerila, it will be discussed and voted upon separately.
1. Pesolution authorizing the City Manager to execute an agr@t
with SDutheastern Virginia Job @aining Acrninistration for the 1987
@ Tr @ship Act @ Y@ @oyment and Tr
Progr--
2. Crdinance authdrizing and directing the City Manager to execute the
Police MLrtual Aid Agremmt and coordinate execution of same by
rEmining jurisdictions.
3. Ordinance to AMEND and REORDAIN Article II Section 5-31 of the Cbde
of the City of Virginia Beach pertaining to Bird ies
(AE)DI@: Lake Jarnes @ivision, K--mpsville Bc)rough).
4. Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City
of Virginia Beach by AMENDING Ser-tion 2-215(b), and Section 2-215.3
pertai-n@ to p
5. Ordinmce upon FI@ READIM to accept and appropriate $3,090 in
additional state aid f@s into the Library De t's FY 87-88
@erating Budget.
6. Crdinance to transfer $44,576 frcm reserve for contingencies to
Preventive @icine - Cbntribution, Local Health Depar@nt for
provision of matching flmds for additional State resources for
additional preventive medicim serv@.
7. Crdinance to transfer $11,427 within the EY 87-88 @ating Budget
for the purchase of a telephow systein for the Pavilicn-
8. Low Bia to scyvran @ration for m interest rate of 6.36%
for the lease purchase of a paging system ($177,177) for the office
of Medical Services, a motor grader ($69,000) for Peblic
Works/Refuse , and a modular building ($69,300) c=ently
used for the Alcohol Detcmification Facility.
9. Low Bid to Asphalt and Materials Inc., in the amunt
of $387,371.25 for @r CLty-wide construction projects for
various City agericies.
10. Low Bid to Building adrporation in the amomt of $288,600 for
replacement of dilapidated structure, since denolished, that served
as a ity meeting place for the citizens of Seatack.
11. Low Rid to Omtractor's Pav@ Ccmpany, Inc., in the amunt of
$2 589,026.96 for design md construction of a four-lane arterial
hi@Z@ f. Holland @ t. Dahlia Iki,., . diste f 3,400 feet
and the addition of t@ lanes to @-tablish a four-lane arterial
frcm Dahlia Drive to Lyrinhaven Parkway, a distance of 2,200 feet,
project also inclldes a bicycle trail along its entire length
(CIP 2-989).
12. Raf f]Le t:
Messiah Wtheran Church
13. crdinance authorizing license refurids in the anount of $8,027.26.
14. ordinarr-e authorizing tax refunds in the amunt of $8,143.26.
J. URFINISHZD BUSINESS
K. NEW BUSINESS
1. Establi@ent of Public Hearings for Bond Referendm.
L. ADJ
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 3, 1987
The CITY MANAGER'S BRIEFING, relative the RED WING DRAINAGE BASIN STUDY, of
the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones
in the Conference Room, City Hall Building, on Monday, August 3, 1987 at 10:30
A.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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John D. Moss (ENTERED: 11:10 A.M.)
- 2 -.
C I T Y M A N A G E R' S B R I E F I N G
RED WING DRAINAGE BASIN STUDY
Item # 27729
The City Manager introduced Donald Trueblood, City Engineer, who in conjunction
with John Fowler, Project Engineer; Jack Hartigan, Project Manager for Camp,
Dresser & McKee; John Aldrich, Project Engineer for Camp, Dresser & McKee and
Bart Tuthill, the City's Soil Scientist, presented a BRIEFING realtive the RED
WING DRAINAGE BASIN STUDY.
Donald Trueblood related the various facets of the BACKGROUND INFOR14ATION:
1. Originally slated as a separate CIP Project in
response to Citizen complaints about perceived
flood levels, and concerns about "Developing"
liatershed.
2. Included in Master Drainage Project as a Priority
Remedial Action Plan Study to be provided by
Consultant Engineer (CDM).
3. Redwing Hydrauiic Study completed and submitted to
City in Late December.
PURPOSE OF STUDY
1. Hydraulic Evaluation of Entire Watershed with
specific emphasis on lake rise and Flooding
impacts.
2. Environmental and Water quality aspects of Redwing
Lake and Entire Back Bay Estuary a Primary Concern.
Of the Eight (8) Alternatives considered, only three (3) were determined to
produce sufficient Hydraulic benefit to merit consideration. Each of the Three
alternatives was weighed against hydraulic, environmental and cost factors in
order to determine the best recommendation. Donald Trueblood reiterated the
three (3) alternatives:
1. Divert James and Malbon Swamp Tributaries into
improved Canal #1. This alternative reduces the
Flood Elevation in Redwing Lake by approximately
0.8 feet, but estimated construction costs are
approximately $26-Million. Wetlands impacted by
improvement and extension of Canal #1 would require
a 404 Wetlands Permit. Additionally, non-point
source pollution loading on Back Bay would be
higher due to bypassing of Redwing Lake.
2. Improve the Channel between Redwing Lake and Lake
Tecumseh (Brinson's Inlet Lake) and Upgrade the
culverts under Dam Neck Road. This alternative will
lower the Flood Elevation by 0.3 feet in Redwing
Lake. The estimated construction costs is
approximatelY 4.2-MILLION and a 404 Wetlands Permit
is required.
3. Preserve the Floodplain around Redwing Lake. The
100-Year Flood Elevation is 5.0. By preserving the
Flodplain Area, adequate drainage would be provided
for the watershed while preserving the Natural
system and its positive water quality effects on
Back Bay. THIS IS THE RECOMME14DED PLAN.
- 3 -
C I T Y M A N A G E R' S B R I E F I N G
RED WING DRAINAGE BASIN STUDY
ITEM # 27729 (Continued)
Redwing Lake lies within the uppermost watershed of Back Bay and serves as a
natural filtering system for Back Bay. The recommended Redwing Lake Hydraulic
Alternative maintains the natural system and is completely compatible with the
stated purposes of the Back Bay/North Landing River Management District.
A Floodplain is defined in Section 111 of the Comprehensive Zoning Ordinance
as: that land area adjoining a river, stream, watercourse, ocean, bay, or lake,
which is subject to inundation. Floodplains shall be determined as the land
situated below the elevation of that recorded by the maximum elevation of the
Flood water of record or the intermediate flood level as determined by the U.S.
Army Corps of Engineers or the Flood Level as determined by the Department of
Public Works, whichever is greater. Any changes in the delineation of the
Intermediate Flood Level are subject to approval by the Federal Insurance
Administrator.
A Floodway is defined as: a natural or artificial watercourse with definite bed
and banks to confine and conduct Flood Flows. The Top of the Banks form the
dividing lines between the Floodway and the Flood Fringe. Floodway Lines must
be established in such a manner that some loss of storage and hydraulic
conveyance attributable to guiding future development outside the Floodway will
not increase flood heights more than applicable regulator standards. Pending
Floodway delineations from a Storm Drainage Master Plan minimum natural
Floodways shall be identified from soil conversation service, soil maps and
shall be on file with the Department of Public Works and the Planning
Department.
With reference to the DOVE GONSTRUCTION SITE, approximately 14.4% of the 100-
Year Flood Storage available in Redwing Lake is on this site. Filling of this
site between the Floodway and Floodplain would raise the 100-Year Flood Level
to Elevation 5.22 and inundate approximately 38 acres around the Lake not
flooded at elevation 5.0. Filling of this site between the elevations of 4.0
and 5.0 has negligible hydraulic effects.
Bart Tuthill advised relative the definition of swamp vs. marsh, a swamp has
trees and a marsh has grasses. The WETLANDS Board deals with the marsh and the
grasses.
Donald Trueblood advised the lowest finished floor must be one-foot above the
100-year Floodplain. Some street and highway construction can be permitted a
bit below.
Donald Trueblood advised one of the best management practices is open drainage
with grassy swales, but the City has not changed its policies or standards at
this time; therefore, all of the development in the Dam Neck area right now has
Curb and gutter and piping.
Councilman Baum believed the PD-H2 was the best solution of minimizing
alteration of the lower areas. Councilman Baum requested the Planning
Department prepare different zoning classifications of the 34 acres between the
4 and 5-foot elevations. The City Attorney was requested to advise relative the
land below the 4-foot contour. Donald Trueblood and Bart Tuthill will examine
this information.
- 4 -
ITEM # 27730
The COUNCIL CONCERNS 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, August 3, 1987 at 11:05 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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John D. Moss
- 5 -
0 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 27731
The Mayor referenced the report of the TWENTY-FIFTH ANNIVFRSARY CELEBRATION
COMMISSION. The Executive Committee has met several times and will hold its
FIRST GENEPAL COMMITTEE MEETING on August 12, 1987, at 4:30 P.M- in the
PAVILION VIP ROOM. A report will be presented to the City Council on August 17,
1987 relative the planned activities of this TWENTY-FIFTH ANNIVERSARY
CELEBRATION COMMISSION.
As per the request of Councilwoman Parker, the MINUTES of the TWENTY-FIFTH
ANNIVERSARY CEI;EBRATION COMMISSION and the CONSTITUTION'S CELEBRATION
COMKISSION will be forwarded to Council Members. Councilman Fentress did not
wish a copy.
ITEM # 27732
Mayor Robert Jones referenced his letter of July 28, 1987, to the Governor, the
Honorable Gerald L. Baliles, relative State and City Interests in Camp
Pendleton Property. (Said letter is hereby made a part of the record)
- 6 -
C 0 N C E R N S 0 F T H E V I C E M A Y 0 R
ITEM # 27733
Vice Mayor Oberndorf requested a BRIEFING be SCHEDULED concerning the E-911
SYSTEM as to its effectiveness. Vice Mayor Oberndorf requested information
relative solutions to the system not being affected by Storms. On Friday,
JulY 31, 1987, the traffic signal was out at Princess Anne and Kempsville Road.
For approximately 40 minutes traffic was stopped in four directions. When
finally arriving home, Vice Mayor Oberndorf attempted to call E-911 four
different times, it either did not ring or it crackled and she was not able to
communicate with the dispatcher, only hearing him in a distance.
Vice Mayor Oberndorf advised Channel 13 televised on two occasions that the
City's E-911 SYSTEM was not functioning properly.
ITEM # 27734
Vice Mayor Oberndorf also requested information relative the reasons the State
has evicted the GIRL SCOUTS DAY CAMP from the Linkhorn Park area.
ITEM # 27735
Vice Mayor Oberndorf also referenced the letter from Eric C. Hodeen, President
of the CHESAPEAKE BFACH SHORELINE CONSERVATION GROUP, dated July 26, 1987,
(Said letter is hereby made a part of the record). The aforementioned letter
requested the City's help in determining the ownership problems and assistance
in the beach rebuilding and replenishment program of Chesapeake Beach. The
Conservation Group believed the cost of the initial project would be $500,000
or less. The maintenance program would be less than $100,000 every three
years. Vice Mayor Oberndorf advised the CHESAPEAKE BEACH SHORELINE CONSERVATION
GROUP was anxious to be SCHEDULED for a City Council Agenda.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27736
Councilwoman Henley complimented Hector A. Rivera, Assistant City Manager for
Human Services, for his INTERIM REPORT relative SHARK FISHING RESTRICTIONS.
(Said report is herby made a part of the record.) A final report will be
presented to City Council the end of August.
ITEM # 27737
Councilwoman Henley also referenced the letter from Lillian Youell,
Chairperson, relative the City's response to the HISTORICAL REVIEW BOARD'S
CONSULTANT'S REPORT. The City Manager advised a BRIEFING will be SCHEDULED in
August relative the Staff's comments.
ITEM # 27738
Councilman Perry referenced complaints from citizens relative "jet-skies" being
left on Chesapeake Beach. Complaints have been made to the police but same have
not been removed.
ITEM # 27739
Councilwoman Parker inquired as to the MAYOR'S REPORTS which Mayor Jones had
previously distributed. In response to Councilwoman Parker's inquiry relative
the Television COUNCIL REPORTS, the Mayor advised he will commence again the
first Wednesday in September.
ITEM # 27740
Councilwoman Parker advised in conjunction with Councilman Moss they had
reiterated to Diane Roache, Public Information Office, that the City Council
Meeting VIDEO TAPES should be saved at least five years with the exception of
the major zoning matters; i.e. GLENWOOD, OCEAN LAKES. These tapes should be
saved until the projects have been completed. The City Manager advised special
storage facilities would be needed.
Councilman Moss suggested the possibility of attaching a user fee to the
filing for zoning applications to be utilized in conjunction with the storage
of tapes.
Pamela Lingle, Director of Public Information, referenced the CENTRAL LIBRARY
had advised they could only handle two (2) years of tapes and this would be
only the 1/2" tape not the 3/4" tape. These tapes are also supposed to be
stored upright and under climate controlled conditions.
- 8 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 27741
Councilwoman Parker also referenced upcoming vacancies of Charlotte, North
Carolina, BOARDS and COMMISSIONS are advertised in a newspaper supplement
similar to this City's BEACON accompanied by a description of duties and
whether or not compensation was provided. She asked that this procedure be
reviewed for Virginia Beach.
ITEM # 27742
Councilwoman Parker referenced the report concerning re-examining the PLANNING
REVIEW PROCESS by the Committee composed of Councilman Balko, Planning
Commissioner Reid and Richard Browner.
ITEM # 27743
Councilwoman Parker requested permission to attend the FIFTH ANNUAL
INTERNATIONAL TRADE CONFERENCE to be held in Houston, Texas.
ITIN # 27744
Councilman Fentress requested a copy of the City Manager's response to the Navy
relative Oceana Boulevard
Councilman Fentress CANCELLED his reservation to the VIRGINIA MUNICIPAL LEAGUE.
ITEM # 27745
Councilman Baum wished a report be given by the Clerk of the Circuit Court
relative the records in the deed room. With the new machine, the records are
not readable.
ITEM # 27746
As the City has some very substantial bond sales coming up within the next five
year period, Councilman Moss requested the City Attorney investigate as to
whether the pricing received from the City's existing firm is competitive with
what is occurring in the market place.
- 9 -
C H A R T E R C H A N G E: DIRECT ELECTION OF SCHOOL BOARD
ITEM # 27747
Councilman Moss advised there were two components involved in the DIRECT
ELECTION OF THE SCHOOL BOARD. This Charter Amendment would require the General
Assembly first to pass a general statute which would be granting the ability of
School Board to have a taxing authority if and when they were elected. The
General Legislation must be passed first before the General Assembly may act
favorably on the City's Charter Amendment, if the City Council wishes to pursue
a DIRECT ELECTION OF SCHOOL BOARD with taxing authority. Councilman Moss
suggested perhaps having several municipalities in the State of Virginia
simultaneously appear on the Ballot, perhaps a year from now and with VML
support same would be more effective.
Councilman Moss also advised he was concerned with the abundance of REFERENDA
items.
Councilwoman McClanan advising simply placing the question on the BALLOT: "Are
you in favor of DIRECT ELECTION OF THE SCHOOL BOARD with taxing authority?".
The answers would give the City Council a good idea of where the public
perceives the issue. The details could be addressed later.
Councilman Heischober suggested the question on the BALLOT be only "Are you in
favor of DIRECT ELECTION OF THE SCHOOL BOARD?". The verbiage "with taxing
authority" would be eliminated.
Councilman Balko advised he had received mixed signals from the populous
regarding DIRECT ELECTION OF THE SCHOOL BOARD. However, if same was placed on
the REFERENDUM, the question should include "with taxing authority."
Councilman Baum was in favor of keeping the verbiage simple.
Councilman Fentress believed the chance of same passing the General Assembly
was remote.
Councilwoman Henley believed the Charter Amendment needed support and the City
Council should endeavor to acquire same through the VIRGINIA MUNICIPAL LFAGUE.
Vice Mayor Oberndorf believed this issue could be best addressed through the
VIRGINIA MUNICIPAL LFAGUE enlisting the support of the Cities that are larger
and experiencing similar growing pains and thus present to the General
Assembly as a more positive force.
BY CONSENSUS, City Council agreed to place the question involving DIRECT
ELECTION OF THE SCHOOL BOARD on the REFERENDUM, subject to the appropriate
details.
- 10 -
C H A R T E R C H A N G E: CHARTER BOND LIMITS/BGRROWING AUTHORITY
ITEM # 27748
Councilman Heischober proposed to City Council an ADVISORY REFERENDUM be placed
on the BALLOT in November 1987, both to change the limit and to request repeal
of the current 10-year, $8-MILLION road-bond amount. The goal would be to
establish a reasonable policy which would serve the City into the 21st Century.
The proposal continues to limit bond sales without referendum, but ties that
limit to the value of appraised property - the underlying security for all the
City's debt. As appraised values increase, the annual debt limit increases in
proportion. Likewise, if a recession causes very slow or no growth in
appraisals, then the annual debt limit would reflect the economic situation.
In the first year (1988), the proposal would allow $32.75 Million of debt vs
approximately $24.8 Million under the present limit.
- 11 -
ITEM # 27749
The INFOR14AL 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,
August 3, 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
- 12 -
ITEM # 27750
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could 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
- 13 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 3, 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, August 3,
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: Revered Warren L. Reeves
Nimmo United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF AMERICA
- 14 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 27751
CITY COUNCIL DID NOT DISCUSS THIS ITEM.
1 5
Item IV-E.1
MINUTFS ITEM # 27752
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED the MINUTES as CORRECTED:the INFORMAL & FORMAL SESSIONS of JulY 13,
1987.
Item IV-2.a., Page 32, ITEM # 27697
ORDINANCE UPON APPLICATION OF ST. NICHOLAS CATHOLIC
CHURCH, FATHER MIKE HANNA, PASTOR, FOR A CONDITONAL
USE PERMIT FOR A CHURCH ADDITION R07871062
Thomas Padrick was incorrectly listed as Owner.
Same should correctly state:
"Thomas Padrick, , Attorney, requested a 4-
foot reservation rather than dedication be
considered as a condition of the Use Permit."
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 Absent:
John A. Baum
- 16 -
Item IV-F.l.
PUBLIC HEARING
PLANNING ITF14 # 27753
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. WILLIAM EVERETT TOLSON & F. T. STANT RECONSIDERATION CHANGE OF
ZONING
b. MITCHELL E. DUNBAR STREET CLOSURE
c. S. A. S. ASSOCIATES STREET CLOSURE
d. ROBERT HERMAN AND JACK B. JACOBSON STREET CLOSURE
e. E.S.G. ENTERPRISES, INC. CHANGES OF ZONING
f. FIRST VIRGINIA LAND TRUST CHANGE OF ZONING AND
CONDITIONAL USE PERMIT
g. TH014AS E. AND GWENDOLYN E. RUSS VARIANCE TO SUBDIVISION
ORDINANCE
h. LYNNHAVEN-ONE OXFORD LIMITED PARTNERSHIP VARIANCE TO SUBDIVISION
ORDINANCE
i. VIRGINIA BEACH PROPERTIES, INC. VARIANCE TO SUBDIVISION
ORDINANCE
j. KIMMELL AUTOMOTIVE, INC. T/A CONDITIONAL USE PERMIT
TRF,AD QUARTERS
k. CLAYTON W. FORBES, JR., MYERS T. FORBES AND CHANGE OF ZONING
ETTA H. TURNER
1. SIGN REGULATIONS IN B-4 RFSORT COMMERCIAL AMENDMENT TO CZO
- 17 -
Item IV-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 27754
Tiin Barrow, 1928 Thunderbird Drive, Phone: 468-2717, represented the applicant
Clare Perlmutter, 796 Pine Lake Drive, registered in OPPOSITION, but advised
from the presentation by Tim Barrow she did not believe the application to be
a contributer to the heavy traffic patterns.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of WILLIAM EVERETT TOLSON AND F. T. STANT
for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF WILLIAM EVERETT
TOLSON AND F. T. STANT FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 TO 0-1 (AS
MODIFIED) Z08871168
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of William Everett
Tolson and F. T. Stant for a Change of Zoning
District Classification from R-6 Residential
District to T)i 2tri @+ 0-1
Office District (AS MODTFTED) on certain property
located on the east side of Princess Anne Road, 280
feet south of Green Meadows Drive. said parcel
contains 42,907 square feet. Plats with more
detailed information are available in the
Department of Planning. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. Recordation of a deed restriction limiting height
on construction to 35 feet and only one curb cut to
Princess Anne Road.
2. A Fifteen foot right-of-way dedication along
Princess Anne Road 57.5 feet from the centerline of
the existing right-of-way.
3. Within the ten-foot buffer zone on the Northeast
Boundary and the Southeast Boarder which abuts the
R-6 Residential Property, Category II Landscaping
shall be installed, if existing natural vegetation
cannot be preserved within this ten-foot buffer.
Trees shall be preseved.
4. Low level lighting shall be directed away from the
residential property.
5. The applicant shall comply with the City's Sign
Ordinances.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
day of August, Nineteenth Hundred and Eighty-seven.
- 18 -
Item IV-F.l.a
PUBLIC HEARING
PLANNING ITEM # 27754 (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
- 19 -
Item IV-F.l.b
PUBLIC HEARING
PLANNING ITEM # 27755
Clifford Coppola, Clark & Stant, P.C., 900 Sovran Bank Building, Phone: 499-
8800, represented the applicant and requested DEFERRAL to enable review of the
plat submitted on July 15, 1987.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
DEFERRED for compliance until the City Council Meeting of September 21, 1987,
an Ordinance upon application of MITCHELL E. DUNBAR for the discontinuance,
closure and abandonment of a portion of Maynard Street. If compliance is not
met, same shall be administratively denied and not rescheduled for the City
Council Agenda.
Application of Mitchell E. Dunbar for the
discontinuance, closure and abandonment of a
portion of Maynard Street beginning at the
intersection of Maynard Street and Cleveland Street
and running in a southwesterly direction a distance
of 180.01 feet along the northern property line and
210.29 feet along the southern property line. Said
parcel contains 6,361 square feet. @PSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
Item IV-F.l.c.
PUBLIC HEARING
PLANNING ITEM # 27756
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of S.A.S.
ASSOCIATES, a Virginia Limited Partnership, for the discontinuance, closure and
abandonment of a portion of Shell Road.
Application of S.A.S. Associates, a Virginia
Limited Partnership, for the discontinuance,
closure and abandonment of a portion of Shell Road
beginning at the intersection of Shell Road and
Diamond Springs Road and running in a northeasterly
direction a distance of 277.85 feet. Said parcel is
variable in width from 52-50 feet to 94.28 feet and
contains 18,295 square feet. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS SHELL
ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHOWING PORTION OF SHELL ROAD TO BE
CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper
notice has been given by S. A. S. Associates, a Virginia Limited
Partnership, that they wou ld make application to the Council of
the City of Virginia Beach, Virginia, on Aujust.,4
1986, to have a portion of the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
the portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council, of the City of
Virginia Beach, Virginia, that the hereinafter described street
be discontinued, closed, and vacated:
THAT CERTAIN portion of Shell Road containing
approximately 0.420 acres, beginning at a
point at the Northeast corner of the
intersection of Diamond Springs Road and Shell
Road, as established, thence, from said point
of beginning, along the northern right-of-way
line of Shell Road along the arc of a curve
with a radius of 979.93 feet, an arc distance
of 277.85 feet to a point; th.ence S 23' 121
28" E, a distance of 52.50 feet to a point
on the southern right-of-way line of Shell
Road; thence, along the southern right-of -way
line of Shell Road, along the arc of a curve
with a radius of 927.43 feet an arc distance
of 150.44 feet to a point; thence S 22- 07,
4511 W, a distance of 84.19 feet to a point;
thence S 58' 341 4211 W a distance of 44.96
feet to a point at the southeastern
intersection of Diamond Springs Road and Shell
Road; thence along the eastern right-of-way
line of Diamond Springs Road along the arc of
a curve with a radius of 190.00 fe:et, an arc
ROMWELL. BETZ distance of 94.28 feet to the Point of
.USTIG. P.C Beginning as shown on that cei-tain plat
entitled "PLAT SHOWING PORTION OF SHELL ROAD
TO BE CLOSED, BAYSIDE BOROUGH, VIRGINIA BEACH,
VIRGINIA," dated May, 1986 and prepared by
Basgier and Associates, P.C.
Said parcel of land being a portion of Shell Road as indicated
on that certain plat of property to be vacated East of what is
presently Diamond SpringS Road, Virginia Beach, Virginia, which
plat is to be recorded in the Clerk's off ice of the Circuit Court
of the City of Virginia Beach, Virginia, upon adoption of this
ordinance, and which is made a pa-rt hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed
in the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the C.Lty of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective sixty (60) days
from the date of its adoption.
FINAL APPROVAL: August 3, 198@
CROMWELL, BETZ
LUSTIG, P.C.
All..
reb
2
GuY, CROP.IWBLL, BILT'Z P. C-
A_OR..,. Nn Co@,Ns.@u. @T L@@
D G.@ p....... p@- co.e
R .... @ D. C------J'- p.......
T.O@ F. B-@-, J-- .. . .....
R. S-.:J--
J.--, D. B-@--
J..- M. C.--
T...-'S- C--- June 18, 1986
G..... K. M
C. E.- A'
I, R Edward Bourdon, jr. , attorney for S. A. S. Associates,
do hereby cer@ify that:
1. I am an attorney at law and represent S.A.S.
Associates, a Virginia Limited Partnership.
2 . That based upon my examination of title, it is my
opinion that if the portion of the street sough't to be closed is
discontinued, closed and vacated by the Council -of the City of
virginia Beach, Virginia, then title to said street will vest in the
owners of the fee in all adjacent property, subject to the right of
the City of virginia Beach to require compensation in accordance
with Section 15.1-366 of the Code of Virginia, 1950, as amended.
3. The porti on of street to be closed, referred to herein,
is described as follows:
THAT CERTAIN portion of Shell Road containing
approximately 0.420 acres, beginning at a point
at the Northeast corner of the intersection of
Diamond Springs Road and Shell Road, as
established, thence, from said point of
beginning, along the northern right-of-way line
of Shell Road along the arc of a curve with a
radius of 979.93 feet, an arc distance of 277.85
feet to a point; thence S 23' 121 28" E, a
distance of 52.50 feet to A point on the southern
right-of-way line of Shell Road; thence, along
the southern right-of-way line of Shell Road,
along the arc of a curve with a radius of 927.43
feet an arc distance of 150.44 feet to a point;
thence S 22* 071 45" W, a distance of 84.19 feet
to a point; thence S 58' 341 42" W a distance
of 44.96 feet to a point at the southeastern
intersection of Diamond Springs Road and Shell
Road; thence along the eastern right-of-way line
of Diamond Springs Road along the atrc of a curve
Guy, CROMWPLL, BETZ Sc Lu.9TIO, P. C.
Page 2
June 18, 1986
with a radius of 190.00 feet, an arc distance
of 94.28 feet to the Point of Beginning as shown
on that certain plat entitled 'PLAT SHOWING
PORTION OF SHELL ROAD TO BE CLOSED, BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA," dated may,
1986 and prepared by Basgier and Associates, P.C.
GUY, CROMWELL, BETZ a LUSTIG, P.C.
By: I (r
R. Edward Bourdon, Jr.
reb
AUTHORIZED FINAL APPROVAL:
August 3, 1987
- 21 -
Item IV-F.l.d.
PUBLIC HEARING
PLANNING IT-PM # 27757
Attorney Jack E. Ferrebee, 1213 Laskin Road, Suite 106, represented the
applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Councli DEFERRED for Compliance of 180 days until the City Council Meeting of
February 8, 1988, an Ordinance upon application of ROBERT HERMAN AND JACK B.
JACOBSON for the discontinuance, closure and abandonment of a portion of a 20-
foot lane located between Virginia Beach Boulevard and 18th Street.
Application of Robert Herman and Jack B. Jacobson
for the discontinuance, closure and abandonment of
a portion of a 20-foot lane located between
Virginia Beach Boulevard and 18th Street beginning
at the eastern boundary of Park Avenue and running
in an easterly direction a distance of 304 feet
more or less. Said parcel is 20 feet in width and
contains 6040 square feet. VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. The 20-foot right-of-way shall be closed for a
distance of 300 feet measured east from Parks
Avenue. The four foot jog within the right-of-way
shown on the submitted street clsoure plat will not
be permitted.
2. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
3. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to insure that
all lots have access to apublic street and meet all
dimensional requirements.
4. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
- 22 -
Item IV-F.l.d
PUBLIC HEARING
PLANNING ITEM # 27757 (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
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF TliAT CERTAIN
STREET KNOWN AS PART OF 20' LANE, BLOCK 10,
LOCATED IN VIRGINIA BEACII BOROUGIT, AS SIIOWN
ON TIIAT PLAT ENTITLED "STREET CL@OSURE PLAT.
]'ART OF 20' LANE, BLOCK 10, ATI,ANTIC
INVESTMENT COMPANY, VIRGINIA BEACII BOROtiGll--
VIRGINIA BEACII, VIRGINIA, WIIICII PLAT IS RECORDED IN TliE
CLERK'S OFFICE OF TIIE CIRCIJIT COURT OF TilE
CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAI' BOOK I AT PAGE
WIIEREAS , it appear ing by af f idavit t hat proper notice
has been given by Robert Iterman and Jack B. Jacobson, that
they woul(i make application to the Council of the City of
Virginia Beach, Virgini.a, on June 9, 1987 _, to have tho
hereipafter described street discontinued, clo sed, and vacated;
and
WIIEREAS, it is the judgment of the Council that said
street be discontinued, closed. and vacated;
NOW TIIEREFORE,
SECTION I
BE IT ORDAINF-,D by the Council of the City of Virginia
Beach, Virginia, that thc hereinafter described street be
discontinued, closed, and vacated:
Part of 20 foot lane, Block 10, the Atlantic
Invcstment Company, Virginia Beach Borougli,
recorded in Deed Book 65, page 77, beginning
at a point on the East side of Parks Avenue
,i n (i
thence East a distancc of 300.00 feet
for the Sotithern half of the lane and
304.00 feet for the Northern half of the
lane. (Portion to be vacated is designated
as 6,040 square feet of 20 foot lane,
Block 10, the Atlantic Investment Company,
Virginia Beach Borough, Virginia Beach,
Virginia) .
Said parcel of land being a portion of that 20 foot lnne
as indicated on that certain plat of property to be vacated,
wllich plat is recorded in the Cl.erk'.q Officc of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
-at page _, and which is m@,ide a p,,irt hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed i.n the name of the City of Virginia Beach,
as grantor.
SECTION III
S OF 20' LANE TO BE CLOSED
AREA 6,040 SQ- FT.
OLD 13
PIN OLD
PIN
'ROBERT HERMAN ROBERT HERMAN
AND AND
JACK B. JACOBSON JACK B. JACOBSON
(D.B. 2350, PG. 1424) (D.B. 2592, PG. 1590)
THE ATLANTIC INVESTMENT COMPANY THE ATLANTIC INVESTMENT COMPANY
(D.B. 65, PG. 577, VIRGINIA BEACH) (D.B. 65, PG. 577, VIRGINIA BEACH)
0
LOTS 21-28 INCL. AND LOTS 1- 12 INCL.
PART OF NORTHERN PORTION OF BLOCK 10 BLOCK 10 a
D.B. 65, PG. 577' w
0 0.
in
LLI 3= t-
W
w
(n
cn
3: ui 'o
.9or- Z 2 cD
=r cr
cr.
0
to OC U.
CD 140.d 140.0'
r OLD OLD
PIN PIN
PARKS AVENUE
60' R/W -- D.B. r.5, PG. 577
GRAPHIC SCALE IN FEET
40 20 0 40 so
I
STREET CLOSURE PLAT
PART OF 20' LANE
BLOCK 10, THE ATLANTIC INVESTMENT COMPANY
VIRGINIA BEACH BOROUGH--VIRGINIA BEACH, VIRGINIA
SCALE: l" = 40' MARCH 19,1987
LEE S. ROOD, P.C.
Land Surveyor
NORFOLK, VIRGINIA
- 23 -
Item IV-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 27758
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED Ordinances upon application of E. S. G. ENTEPRISES, INC. for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO R-6 Z08871169
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of E. S. G. Enterprises,
Inc., for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-6 Residential District on certain property
located on the west side of Holland Road, 1600 feet
more or less south of Barberry Lane. Said parcel
contains 4.079 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N Dy
ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 TO R-6 Z08871170
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of E. S. G. Enterprises,
Inc., for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-6 Residential District on certain property
located 600 feet west of Holland Road, 2200 feet
more or less south of Barberry Lane. Said parcel
contains 1001.88 square feet. plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
- 24 -
Item IV-F.I.e.
PUBLIC HEARING
PLANNING ITEM # 27758 (Continued)
The following conditions shall be required:
1 . The utilization of Best Management Practices for
controlling storm water runoff which are reasonably
applicable to the development of this site.
Prior to the changing of the official zoning maps, the following conditions
shall be required:
2. Recordation of a Deed Restriction limiting density
to 3-units per acre (excluding the floodway area).
Said Deed Restriction shall be amended to include
legal description of the 37-52 acreage adjacent to
the property APPROVED for Rezoning on June 8, 1987.
3. A natural vegetative barrier shall be preserved
surrounding the adjacent cemetary.
4. Minimum Lot size shall be no less than 7,500 square
feet and appropriate setbacks as enumerated in the
R-6 zoning category.
5. The requirements of the Back Bay/North Landing
River Management Plan will be adhered to by the
applicant.
6. A 31-foot right-of-way dedication is required 45
feet from the centerline of Holland Road to provide
for a four-lane divided highway per the Master
Street and Highway Plan.
7. A 96-foot right-of-way dedication is required for
Rosemont Road to provide for a four-lane divided
highway with a bikeway as per the Master Street and
Highway Plan.
8. Natural landscaping adjacent to Holland Road and to
Rosemont Road. Existing trees and Shrubbery shall
be used as a buffer where possible.
9. All other attributes covered under R-6 zoning in
the Comprehensive Zoning Ordinance shall be
effective.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
day of August, Nineteenth Hundred and Eighty-seven.
Councilman Moss referenced THE BEACON article on Sunday, August 2, 1987,
entitled "School Officials Study the Need for more Facilities". Councilman Moss
further referenced the SCHOOL FIGURES cited on Page 24 of the Planning
Commission ADMINISTRATIVE COMMENTS which reflected in every instance, the
volume was over the design capacity. The City should face the fact that school
facilties are inadequate. Councilman Moss also referenced his concern relative
the inadequacy of water. The evaluation system should be re-examined.
Councilman Baum belived it was not reasonable to take the short comings out of
the City's systems and place the cost upon the private property owners.
- 25 -
Item IV-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 27758 (Continued)
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
- 26 -
Item IV-F.l.f.
PUBLIC HEARING
PLMING ITEM # 27759
David N. Reda, One Columbus Center, Phone: 490-6000, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED Ordinances upon application of FIRST VIRGINIA LAND TRUST for a
Change of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FIRST VIRGINIA LAND
TRUST FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO A-1 Z08871171
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Virginia Land
Trust for a Change of Zoning District
Classification frotq I-1 Light Industrial District
to A-1 Apartment District on certain property
located 180 feet more or less west of Baker Road,
170 feet more or less south of Norfolk and Southern
Railroad right-of-way. Said parcel is part of
Parcel 6, recorded in Map Book 7, Page 45 and
contains 4.3 acres. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF FIRST VIRGINIA LAND
TRUST FOR A CONDITIONAL USE PERMIT FOR A MOBILE
HOME PARK R08871064
BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Virginia Land
Trust for a Conditional Use Permit for a mobile
home park on certain property located on the west
side of Baker Road, 170 feet more or less south of
Norfolk and Southern Railroad right-of-way. Said
parcel is part of Parcel 6, recorded in Map Book 7,
Page 45 and Parcel C and L. A. Walker Parcel,
recorded in Map Book 32, Page 19 and contains 5.039
acres. BAYSIDE BOROUGH.
- 27 -
Item IV-F.l.f
PUBLIC HEARING ITEM # 27759 (Continued)
PLANNING
The following conditions shall be rquired:
1. Applicable requirements of Section 232(1) of the
Comprehensive Zoning Ordinance governing mobile
home parks must be met.
2. Category II screening must be provided between the
boundary of the proposed mobile home park addition
and the Virginia Power Company property.
3. A fifteen (15)-foot right-of-way dedication is
required along the frontage of Baker Road to
provide for an ultimate 60-foot minimum collector
right-of-way.
4. A security fence shall be provided inside the
Category II screening between the borrow pit and
the mobile home park as additional security.
5. Utilization of BMP's which are reasonably
applicable to the development of this site.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
day of August, Nineteenth Hundred and Eighty-seven.
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
*Verbal Nay
- 28 -
Item IV-F.l.g.
PUBLIC HEARING
PLANNING ITF24 # 27760
Thomas E. Russ, 2741 SPigel Drive, Phone: 481-6107, the applicant, represented
himself and presented a petition from adjacent residents in support of said
application.
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
APPROVED an application of THOMAS E. AND GWENDOLYN E. RUSS for a Variance to
the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Thomas E. and Gwendolyn
E. Russ. Property is located at 2741 Spigel Drive.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The required R-1 front yard setback of 50 feet
shall be measured from the ingress-egress easement
for both lots. In addition, a 50-foot front yard
setback is required for Lot B from the proposed
property line separating Lots A and D.
2. If Lots A and B do not have a legal right to use
the exisiting 1120 foot right-of-way easement", an
ultimate access plan must be approved by the
Planning Department during detailing subdivision
review. The ingress-egress easement must be a
minimum of fifteen (15) feet in width.
3. Further resubdivision of this parcel will not be
permitted.
Councilman Balko advised Spigel Drive at the present time is a private road.
Mr. Russ and the adjacent neighbors have signed petitions to have Spigel Drive
become a public street and right-of-way and they will participate in the
payment of funds to accomplish same. Councilman Balko referenced a Memorandum
dated August 3, 1987, relative the timetable for improving Spigel Drive.
Improvements should be completed by June 1988. (Said Memorandum is hereby made
a part of the record).
- 29 -
Item IV-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 2776o (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischobery Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
- 30 -
Item IV-F.l.h.
PUBLIC HEARING
PLANNING ITEM # 27761
Atorney Charles Salle', 1982 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED an application of LYNNHAVEN ONE-OXFORD LIMITED PARTNERSHIP for a
Variance to Section 5.6(b) of the Subdvision Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivison for Lynnhaven One-Oxford
Limited Partnership. Property is located at the
southwest corner of South Lynnhaven Road and
Lynnhaven Parkway. Plats with more detailed
informaton are available in the Department of
Planning. LYNNHAVEN BOROUGH. (DOYLETOWN TARGET
ARF,A)
The following condition shall be required:
1. The requirement for sidewalks is waived on the east
side of Gold Oak Court. A sidewalk is to be
provided on the west side up to the entrance to the
Marriott Hotel.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 31 -
Item IV-F.l.i.
PUBLIC HEARING
PLANNING ITEM # 27762
Attorney Jack Ferrebee, 1213 Laskin Road, Suite 106, represented the
applicant and requested WITHDRAWAL.
Sayde Shaw, 5556 Daniel Smith Road, Phone: 497-5435, represented the Newsome
Farm Civic League and spoke in OPPOSITION to the WITHDRAWAL.
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City
Council DENIED an application for VIRGINIA BEACH PROPERTIES, INC. for a
Variance to Section 4.4(b) and 4.4(c) of the Subdivision Ordinance
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Virginia Beach
Properties, Inc., Property is located at the
northwest corner of Daniel Smith Road and Lawrence
Drive. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH. (NEWSOME FARM CIVIC LEAGUE)
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
- 32 -
Item IV-F.l..i.
PUBLIC HFARING
PLANNING ITEM # 27763
Julian Keith, 1352 Kempsville Road, Phone: 464-3014, represented Kimmell
Automotive, Inc.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of KI AUTOMOTIVE, INC.,
T/A TREAD QUARTERS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KI14MELL AUTOMOTIVEP
INC., T/A TREAD QUARTERS FOR A CONDITIONAL USE
PERMIT FOR AUTOMOBILE REPAIR (INSTALLATION OF
TIRES) R08871065
BE IT HEREBY RODAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kimmell Automotive,
Inc., T/A Tread Quarters, for a Conditional Use
Permit for automobile repair (installation of
ires) at the northeast corner of Indian River Road
and Kempsville Road. Said parcel is located at 1352
Kempsville Road and cotnains 38,333 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
The folowing conditions shall be required:
1. The Conditional Use Permit shall be for a period of
two years and renewal of said permit will be
subject to APPROVAL by City Council; however, the
renewal will not necessitate being returned to the
Planning Commission.
2. No additional curb cuts or widening of curb cuts
will be allowed.
3. There shall be no outside storage.
The Site plan submitted with this conditional use
permit may require revision during detailed site
plan review to meet all applicable City Ordinances.
Further conditions may be required during the
administration of applicable City ordinances.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Third
day of August, Nineteenth Hundred and Eighty-seven.
- 33 -
Item IV-F.l.i.
PUBLIC HEARING
PLANNING ITFM # 27763 (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
- 34 -
Item IV-F.l.k.
PUBLIC HFARING
PLANNING ITEM # 27764
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant,
OPPOSITION:
Margaret Green, 1509 Bradford Road, Phone: 464-6528, represented the Bradford
Park area, presented a petition in OPPOSITION (Said petition is hereby made a
part of the record).
Frank Smith, 1421 Ryland Road, Phone: 460-5040, President of Lakeview Park
Civic League and presented a petition in OPPOSITION (Said petition is hereby
made a part of the record).
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council
DENIED an Ordinance upon application of CLAYTON W. FORBES, JR., MYERS. T.
FORBES AND ETTA H. TURNER for a Change of Zoning:
ORDINANCE UPON APPLICATION OF CLAYTON W. FORBES,
JR., MYERS T. FORBES AND ETTA H. TURNER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
TO A-2
Ordinance upon application of Clayton W. Forbes,
Jr., Myers T. Forbes and Etta H. Turner for a
Change of Zoning District Classification from B-2
Community-Business District to A-2 Apartment
District on certain property located on the south
side of Shell Road beginning at a point 200 feet
more or less west of Bradford Road. Said parcel
contains 2.7 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 35 -
Item IV-F.1.1.
PUBLIC HEARING
PLANNING ITEM # 27765
Pat Janezeck, Director of Permits and Inspections, responded to City Council
inquiries and advised the B-4 and B-5 uses would now be equitable and the east
side of Pacific Avenue would now be treated similary to the west side of
Pacific Avenue.
Kal Kassir, 2009 Alphine Road, Phone: 481-5511, represented the Virginia Beach
Restaurant Association, and advised the Association had met with the City
Staff and felt there were still some inequities where B-4 is extended on Shore
Drive up to the Lesner Bridge and on Laskin Road up to Oriole Drive. The
Association reiterated their support of an effective sign ordinance.
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article 9, Section
933 of the Comprehensive Zoning Ordinance
pertaining to sign regulations in the B-4 Resort
Commercial District.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, @ayor Robert G.
Jones, Reba S. McClanan, John D. Moos, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 933 OF THE COMPREHENSIVE
2 ZONING ORDINANCE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SIGN REGULATIONS IN
5 THE B-4 RESORT C014MERCIAL DISTRICT.
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 933 of the Comprehensive Zoning Ordinance
11 of the City of Virginia Beach, Virginia, is hereby amended and
12 reordained as follows:
13 Section 933. Sign regulations.
14 Sig@-T
15 Residential-f)ist-r-ie+-,ex@- @@rmi-L-ted-&hal-l--have
16 the--s-a@@@@
17 permitted-@-a-@@@--@r Sign regulations pertaining to
18 hotels and motels within the B-4 Resort Commercial District shall
19 be as apply in the H-2 Resort Hotel District. Sign Regulations
20 pertaining to all other uses and structures shall be as apply in
21 the B-5 Resort Commercial District.
22
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on the 3rd day of Auciust 1987.
25 WMM/lmt
26 02/23/87
27 CA-02168
28 ordin\proposed\0933czo.pro
29
- 36 -
Item IV-G.l.
RESOLUTIONS ITEM # 27766
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED a Resolution approving the issuance of Industrial Development Refunding
Revenue Bond to:
COLONIAL MILL ASSOCIATES $1,200,000
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, 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:
Mayor Robert G. Jones
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Colonial Mill Associates
2. LOCATION: 1200 First Colonial Road
3. DESCRIPTION OF PROJECT: General/Medical Office
4. AMOUNT OF BOND ISSUE: $1, 2 00, 000. 00
5. PRINCIPALS: Ronald J. Wyles
Samuel W. Scott, Jr.
H. Calvin Spain
Barron H. Stiliman
Waller L. Taylor, Jr.
DaVid W. Gordon
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 0-1
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
FISCAL IMPACT STP.TEME@'T
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: July 21, 1987
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME,. Colonial Mill Associates
TYPE OF FACILITY: General/Medical Office
1. Maximum amount of financing sought $ 1, 2 00, 000
2. Estimated taxable value of the facility's
real property to be constructed in the 1, 4 00, 000
municipality $
3. Estimated real property tax per year
using present tax rates $ 11, 200
4. Estimated personal property tax per
year using present tax rates $ 1 9, 000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 20 Of)O
6. Estimated dollar value per year of goods
and services that will be purchased
locally s 36 0, 000
7. Estimated number of regular employees on
year round basis $ 77
8. Average annual salary per employee $ 2 5. 000
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia
Development, Auth,
B,
Cha
ECONOMIC IMPACT STATEMENT
1 . Amount of investment $ 2, 400, 000
2 . Amount of industrial revenue bond financing 1, 2 00, 000
sought $
3. Estimated taxable value of the facility's real
property to be constructed in the City of
Virginia Beach $ 1, 400, 000
4. Estimated real property tax per year using
present tax rate $ 11, 207
5 Estimated personal property tax $ 1 9, 000
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs N/A possible
B. Payroll generated $ N/A Av. Wage $ N/A
C. Number of jobs retained 77
D. Payroll retained $1,925,000 Av. Wag, $25,000
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
Medical&Office Suppli,, $ 250, 000
Professional Services $ 50, 000
-Insurance $ io,ooo
Automobile $ 50,000
TOTAL $ 360, 000
F. Estimated building permit fee and other municipal
fees $- N/A
G. Estimated construction payroll $ N/A
Estimated value of construction mater4a! to
be purchased within the City of Virginia
Virginia Beach $ N/A
Estimated number of construction jobs N/A
J. An@, othe@ items which the applicant feels
the Autl)orit@, should be made aware of in
evaluating the project This is a refunding bond
7. Is the site currently zoned for the specific use being proposed for
industrial revenue bond financing? Yes x No
8. Has a bond purchase agreement/commitment been accepted by the
applicant? (attach a copy) Yes X No
9. Will the bond financing close within 90 days from the date of adoption
of the the inducement resolution? Yes X No
10. Location o@@ project (attach location map)
1200 First Colonial Road
11. Explanation of alternative financing that has been reviewed for
project
7 hereb%, certilv thal tlie information stated in the above Economic
Impac" S"atement is accurate and true in all respects.
(A@plicant)
Subscribed and sworn to before me this @l+k day of
Notary lwblic
My Commission Expires:
9
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOP
REFUNDING BONDS FOR
COLONIAL MILL ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the application of Colonia7 Mill
Associates, (the "Company"), for the issuance of the Author,'ty's
industrial development revenue refunding bonds in an amount not
to exceed $1,137,957.00 (the Bonds) to repay in full tle
Authority's $1,200,000.00 1981 Industrial Development Revenue
Bond ("Colonial Mill Associates Project") issued to finance the
acquisition, construction and equipping of a general/medical
office facility (the "Facility") located at 1200 First Colonia.1
Road, in the City of Virginia Beach, Virginia, and has held a
public hearing thereon on July 28, 1987; and
WHEREAS, the Authori.ty has requested and recommended that the
City Council (the "Council") of Virginia Beach, Virginia (the
"City"), approve the issuance of the Bonds to comply with Section
147(f) of the Internal. Revenue Code of 1986, as amended (tle
"Revenue Code"); and
WHEREAS, pursuant to 915.1-1378.J., Code of Virginia, 1950, as
amended, (the "Code') a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, with respect to the
Bonds and a statement in the form prescribed by Section 15.1-
1378.2 of the Code have been fil.ed with the Counci3 of the City
of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preamble to this Resolution are
hereby adopted as a part of this Resol.ution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virgini-a Beacb
Development Authority for the benefit of the Company, to the
extent of and as required by Section 147(f) of the Revenue Corle.
3. The approval of the issuance of the Bonds, as required
by Section 147(f) and 15.1-1378.1, does not constitute an
endorsement of the Bonds or the creditworthiness of the Company;
but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964,
as amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from tbe revenues
and monies pledged therefor, and neitber the faith nor credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
4. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of tbe City
of Virginia Beach, Virginia, on August 3, 1987.
A@.;PO@@Ei@ AS T-, CONTEMT
SIGNATURE
DiPAR F&@DIT
AS TOPOP,)I
71Z-f /15?
Li C i l-@ A @ i C @-,.4'Y
072118/cp/COM
-2-
IAV
CHESAPEAKE
ORES
REDWING
0
PROJECT NAME: Colonial Mill Associates
PROJECT ADDRESS: 1200 First Colonial Road
PROJECT TYPE: General/Medical Office
- 37 -
Item IV-H.1
ORDINANCE ITEM # 27767
Donald Trueblood, City Engineer, introduced Richard Hottenstein, Drafting
Supervisor, who assisted in the presentation relative the Sandbridge Beach
Nourishment Project. Richard Hottenstein is responsible for many of the
excellent drafting presentations. In the graphic, a beach nourishment line had
been depicted, a heavy black line running horizontally across the strip. This
line had been drawn as close to the 8-foot contour as possible. The 8-foot
countour is necessary to provide a reasonable amount of protection to the
property. The purpose of the aforementioned Ordinance is to authorize the City
Manager to execute permits and agreements with the Oceanfront landowners at
Sandbridge Beach. The Beach east of the Nourishment Line would become public
beach. The City has recently expended in excess of $72,000 for surveys
necessary to establish the extent of beach nourishment required to provide an
acceptable level of protection from storm damage, and to prepare dedication
plats.
In response to Councilman Moss's inquiry, Donald Trueblood estimated the City's
share depending on the source of the sand and the level of Federal
Participation would be approximately $12-MILLION.
Councilman Moss advised there were a number of applications before the WETLANDS
BOARD relative construction of bulkheads. As Council had been informed
construction of bulkheads and sand replenishment were not compatible uses,
Councilman Moss inquired if said permits were granted by the WETLANDS BOARD
what effect this would have to the Nouri@ent Line and also the increased
erosion rate in those locations. Donald Trueblood advised the applications
totaled apprroximately 20 pieces of property and at those points, the
Nourishment Line would go out to match the bulkhead line.
In response to Councilwoman Henley's request, Donald Trueblood advised if
additional bulkheads are installed, the Nourishment Line would be modified to
reflect same. The graphic displayed at the City Council Meeting only reflected
exisiting bulkheads. As per Councilwoman Parker's request, Donald Trueblood
pointed out the locations of the proposed bulkheads.
In response to Vice Mayor Oberndorf, Assistant City Attorney David Hay advised
as far as the access easements, the WETLANDS BOARD requires steps be placed
there and it is less expensive to bulkhead across a 10-foot access easement as
opposed to placing 60 to 65-foot return walls.
David Hay also advised Article 6, page 4, of said Agreement would protect the
City, in his opinion, basically informing the City is under no obligation if
they sign this agreement to carry on an initial sand replenishment project. If
there is federal involvement and some kind of a joint venture can be arranged,
then it also protects the City in that the City does not have to continue to
carry on sand replenishment projects in the future.
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute
permits and agreements with oceanfront landowners
at Sandbridge Beach in an attempt to have
Sandbridge Beach declared by the Corps of Engineers
as a disposal site for the deepening and dredging
of the Norfolk Harbor and Channels, the Baltimore
Harbor Project, and other Federal Navigation
Projects.
- 38 -
Item IV-H.1
ORDINANCE ITEM # 27767 (Continued)
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
Mayor Robert G. Jones
2
3
4
5
6 IZNEY
7
8 ORDTNANCE AUTHORIZING THE CITY MANAGER TO
9 EXECUTE PERMITS AND AGREEMENTS WITH
10 OCEANFRONT LANDOWNERS AT SANDBRIDGE BEACH IN
11 AN ATTEMPT TO HAVE SANDBRIDGE BEACH DECLARED
12 BY THE -CORPS OF ENGINEERS AS A DISPOSAL SITE
13 FOR THE DEEPENING AND DREDGING OF THE
14 NORFOLK HARBOR AND CHANNELS, THE BALTIMORE
15 HARBOR PROJECT, AND OTHER FEDERAL NAVIGATION
16 PROJECTS
17
18
19 WHEREAS, on November 24, 1986, City Council passed several
20 resolutions which requests, among other things, that all of the
21 beaches of Virginia Beach, including Sandbridge, be declared by
22 the corps of engineers as "disposal sites" for the beach quality
23 sand from the deepening and dredging of the Norfolk Harbor and
24 Channels, as well as the Baltimore Harbor Project; and
25 WHEREAS, the U. S. Army Corps of Engineers may require
26 certain property interests to be certified as owned by the public
27 body and may request that a beach area be used as a spoil site if
28 acceptable for a navigational project; and
29 WHEREAS, the attached Permit and Agreement, if executed by
30 the oceanfront lot owners, may assist the City in certifying said
31 area as a possible spoil site for said navigational projects.
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34 That the City Manager is hereby authorized and directed to
35 attempt to have the oceanfront property owners at Sandbridge
36 Beach execute a Permit and Agreement in such form and language as
37 the Agreement attached hereto and incorporated by reference and
38 dated July 1, 1987; and upon execution by the landowners, the
39 City Manager is authorized to execute said Agreement on behalf of
40 the City of virginia Beach.
41 Adopted by the Council of the City of virginia Beach,
42 virginia on the 3rd day of August 1987.
43 DSH/awj
44 1/7/87
45 6/24//87
46 7/7/87
47 7/28/87
48 RES/Sandbrid.ord
DRAFof
I
i THIS PERMIT AND AGREEMENT dated this 1st day of
July, 1987, by and between
-, hereinafter referred to as
"Landowner", and the CITY OF VIRGINI.A, BEACH, a municipal
corporation, hereinafter referred to as ",City";
WHEREAS, the parties hereto recognize and agree that
certain portions of the area lying east of Sandfiddler Road as
shown on mesne plats of Sandbridge Beach are in an eroded state
and in need of sand replenishment; and
WHEREAS, Landowner is the owner of record of certain
real property situate in the City of Virginia Beach, Virginia,
more particularly described as Lot in Block
as shown on the plat of
which plat is
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map book at
page ; and
WHEREAS, substantial erosion is occurring to the
City's community beach which abuts the aforesaid property on
the east, and to the adjacent public and private property and
to the lot referenced above; and
WHEREAS, the Virginia Beach City Council by
Resolution dated November 24, 1986 reqllests that all of the
beaches of Virginia Beach, including Sandbridge, be declared by
the Corps of Engineers as disposal sites for the beach quality
L-)RAFT
sand from the deepening and dredging of the Norfolk Harbor and
Channels, as well as the Baltimore Harbor P:roject; and
WHEREAS, the City may desire for the Corps of
Engineers to use Sandbridge Beach and a portion of the lot
referenced above as an alternative sand disposal site to offset
the effects of the aforesaid erosion; and
WHEREAS, the Corps of Engineers and/or Virginia Port
Authority and/or City may be willing to use Sandbridge Beach
and portions of the lot referenced above as a dredged or
excavated material disposal site; and
WHEREAS, in order to undertake a sand replenishment
program, the City and/or Corps of Engineers and its assigns may
be required to enter upon the property of the Landowner and
place spoil thereon; and
WHEREAS, Landowner desires to aid the City in said
sand replenishment program.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that, for
an in consideration of the sum of ONE DOLLAR ($1.00) cash in
hand paid, and other good and valuable consideration, the
receipt of which is hereby acknowledged, Landowner does hereby
grant and agree as follows:
1. Landowner hereby grants unto the City and its
assigns the right and privilege to deposit on the above
described property, east of the "nourishment line" ref,renced
on the plat attached hereto, any and all dredged or excavated
material from the aforesaid navigational projects and/or other
2
R A F.T
i, sources; and the perpetual right and privilege to build, erect
and construct such necessary levees and/or other structures as
the City may deem necessary to aid in confining the dredged or
excavated material and other matter.
2. The Landowner hereby grants unto the City the
perpetual and assignable easement and right-of-way to locate,
construct and maintain in, on, over, under and across the
aforesaid lot such temporary pipelines as the City and its
assigns deems necessary to transport the dredged or excavated
material to the aforesaid tract.
3. The Landowner hereby grants unto the City the
perpetual and assignable easement and right-of-way to locate,
construct, operate and maintain in, on, over, under and across
the aforesaid tract such drainage outfall pipes and/or drainage
ditches as the City deems necessary.
4. The Landowner further grants the City and its
assigns the right to trim, cut, fell and remove from the
aforesaid tract and easements herein granted, all vegetation,
structures and obstacles as may be necessary, subject however
to existing easements for public roads and highways, public
utilities, railroads and pipelines. It is expressly understood
and agreed that everything built, erected or placed on said
tract or easements herein granted, except the dredge or
material excavated by the City of Virginia Beach and/or United
States of American and/or its assigns, shall be and remain the
property of the United States of America and/or its assigns and
3
DRAFT
may be removed therefrom by the United States of America and/or
its assigns.
5. The Landowner will support any and all
applications the City and its assigns may make to the
appropriate authorities for the permits, if any, that may be
necessary for said sand replenishment activities.
6. It being expressly understood that this Agreement
does not obligate, incur or impose any responsibility or duty
by or on the City and its assigns now or in the future to
undertake sand replenishment activities, and the City and its
assigns may carry on the sand replenishment referenced above or
it may cease at its option such activities.
7. The City and its assigns make no representations
or warranties regarding the quality or lack of quality of the
material that may be placed in the area referenced above.
8. The Landowner hereby expressly and fully releases
the City of Virginia Beach, and/or the United States of America
and/or its assigns from liability from any and all damages done
or caused to be done, and from any claims or demands whatsoever
for injury suffered by or done to the said premises by reason
of the deposit of such dredged or excavated materials.
9. BY EXECUTION OF THIS INSTRUMENT, THE LANDOWNER
DOES HEREBY GRANT, CONVEY, RELEASE, DEMISE AND QUIT-CLAIM TO
THE SAID CITY OF VIRGINIA BEACH, ALL RIGHT, TITLE AND INTEREST,
IF ANY, TO THE PROPERTY EAST OF THE NOURISHMENT LINE AS SHOWN
ON THE PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE, AND
4
R
L; A
ALL PROPERTY WHICH MAY ACCRUE EAST OF THE NOURISHMENT LINE
RESULTING FROM THE DEPOSIT OF DREDGED OR EXCAVATED MATERIALS,
ACCRETION OR OTHER MEANS PROVIDED, HOWEVER, SAID RIGHT, TITLE
AND INTEREST SHALL VEST IN THE CITY OF VIRGINIA BEACH AT SUCH
TIME AS THE INITIAL CONSTRUCTION OF A DREDGED OR EXCAVATED
MATERIAL PROJECT OR SAND REPLENISHMENT PROJECT ON SAID PROPERTY
BEGINS AS DETERMINED BY THE DIRECTOR OF PUBLIC WORKS.
10. It being the intention of the parties hereto
that upon vesting of title to the propei.,ty east of the
"nourishment line" as referenced in paragraph 9, said property
shall be used as a public recreation area.
WITNESS the following signatures and seals:
LANDOWNER(S)
By (SEAL)
By (SEAL)
CITY OF VIRGINIA BEACH
By
Thomas H. Muehlenbeck
City Manager
ATTEST:
Ruth Hodges Smith
City Clerk
5
DRAFT
STATE OF
CITY OF to-wit:
a Notary
Public in and for the City and State aforesaid, do hereby
certify that and
R(S), whose
LANDOWNE
name(s) is(are) signed to the foregoing writing, bearing date
the day of 19_, has(have)
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 THOMAS H. MUEHLENBECK, City Manager, on behalf of
I the City of Virginia Beach, Virginia, 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.
6
RAFT
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, on behalf Of the
City of Virginia Beach, Virginia, 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
19-.
Notary Public
My Commission EXpires:
DSH/awj
RES/Permit.Agr
7
- 39 -
Item IV-H.2
ORDINANCE ITEM # 27768
Robert McFeeders, Chick's Beach Sailing Center, 4524 Powells Point Road, Phone:
464-2587, Officer in the Merchant Marine, and owner with wife Cathy of Chick's
Beach Sailing Center, presented petitions requesting the Ordinance ADOPTED on
July 6, 1987, be RESCINDED (Said petitions are hereby made a part of the
record.) Robert McFeeders advised their major concern was legislation against
Board Sailers.
Attorney Glen W. Thompson, Garfinkel and Becker, P.C., 306 Lynnhaven Parkway,
Phone: 340-3100, represented the Tidewater Windsurfing Association.
Peter Nixon, 605 16th Street, Phone: 422-4935, Vice President of the Lower
Chesapeake Chapter of the Virginia Waterman's Association, spoke in SUPPORT of
the WINDSURFING ORDINANCE
Upon motion by Councilman Heischober, seconded by Councliman Moss, City Council
DEFERRED:
Ordinance to AMEND and REORDAIN Section 6-123 of
the Code of the City of Virginia Beach pertaining
to windsurfing devices.
The Committee composed of Vice Mayor Oberndorf and Councilinan Fentress will
meet further with Mr. McFeeders, Attorney Glen Thompson and fellow Windsurfers,
as well as Peter Nixon and those in support of said Windsurfing Ordinance to
develop a Compromise Ordinance in everyone's best interest. The meeting will
also be attended by Chief Wall and other representatives of the City Staff.
All those wishing to attend were requested to leave their names and addresses
with the City Clerk.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 40 -
Item IV-H.2.a
ORDINANCE ITEM # 27769
ADD-ON
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council will RECONSIDER:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, by ADDING Section 6-123
pertaining to windsurfing devices.
This Ordinance was ADOPTED on July 6, 1987.
Items IV-H.2 and IV-H.2a. will be SCHEDULED in conjunction at the appropriate
City Council Meeting when the aformentioned Committee has met.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
Item IV-I.
CONSENT AGENDA ITEM # 27770
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED in ONE MOTION Item 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13
and 14 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Vice Mayor Oberndorf ABSTAINED on Item IV-I.1 as she
is the Chairman of the Southeastern Virginia Job
Training Administration
Councilman Bal-ko ABSTAINED on Item IV-I-7 as he
receives a dividend check from A T & T.
Councilman Baum ABSTAINED on item IV-I.8 as his wife
is employed with SOVRAN
Council Members Absent:
Harold Heischober
- 42 -
Item IV-I.l.
CONSENT AGENDA ITEM # 27771
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Resolution authorizing the City Manager to execute
an agreement with Southeastern Virginia Job
Training Administration for the 1987 Job Training
Partnership Act Summer Youth Employment and
Training Program.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Meyera E. Oberndorf
Council Members Absent:
Harold Heischober
*Vice Mayor Oberndorf ABSTAINED as she is Chairman of the Southeastern Virginia
Job Training Administration.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN
VIRGINIA JOB TRAINING ADMINISTRATION FOR
THE 1987 JOB TRAINING PARTNERSHIP ACT SUMMER
YOUTH EMPLOYMENT AND TRAINING PROGRAM
WHEREAS, SVJTA has entered into an agreement with the
State of Virginia for a grant to implement the Job Training
Partnership Act Program, and
WHEREAS, SVJTA has notified the City that the grant to
Virginia Beach will provide summer employment for 150
economically disadvantaged youth between the ages of 14 and 21 in
sub-entry level positions with City Departments and the School
Board, and
WHEREAS, SVJTA will receive and administer the funds
and the City and School Board will plan and direct the work
activities.
NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE
CITY OF VTRGINIA BEACH that the City Manager is hereby authorized
to execute an agreement with SVJTA for the City's participation
in the 1987 Job Training Partnership Act Summer Youth Employment
and Training Program. Said agreement is attached hereto and the
same is hereby approved.
This Resolution shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
on the 3rd day of August 1 1987.
AGREEMENT
THIS NON-FINANCIAL AGREEMENT, ehtered into this first day of
June,'1987, by and between the Southeastern Virginia Job Training
Administration, a consortium of the Cities of Chesapeake,
Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and
the Counties of Isle of Wight and Southampton, pursuant to the
authority granted by Section 15.1-21 of the Code of Virginia,
1950, as amended, hereinafter referred as "SVJTAII, having its
principal offices at the Circle East Office Building, Suite 223,
Norfolk, Virginia 23502 and the City of Virginia Beach
existing under and by virtue of the laws of the State of Virginia
hereinafter referred to as the "Agent" having its principal
Municipal Center
office at Virginia Beach, Virginia to begin by the first
day of June, 1987, and to be completed by the thirtieth day of
SePtember, 1987.
WITNESSETH THAT:
WHEREAS, SVJTA has entered into an Agreement with the State
of virginia for a grant for the execution and implementation of a
Job Training Partnership Act (JTPA) program; AND
WHEREAS, the elected officials comprising SVJTA and the
officials of the State of Virginia are desirous of providing job
training which will lead to enhanced Self-sufficiency; AND
WHEREAS, SVJTA and the "AGENT" desire to provide meaningful
employTnent for economically disadvantaged Youths between the ages
of fourteen (14) and twenty-one (21).
NOW THEREFORE, in consideration of the premises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
agree and understand as follows:
ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS
100. PURPOSE
It is the purpose of this Agreement to state the covenants and.
conditions which SVJTA and the Agent will implement and provide
Training and Employment Services, specifically summer work
experience opportunities to eligible youths as described herein,
to be funded under the guidelines of JTPA, and under the
contracting powers of SVJTA.
101. DEFINITIONS
101.1 "Agent" shall mean the participating gover=ental
unit or nonprofit agency.
101.2 "Counselor" shall mean a SVJTA/SYETP staff person
who shall serve as liaison between SYETP, the site
and the participants by providing technical
assistance and resolving job site problems.
101.3 "DOL" shall mean the Department of Labor.
101.4 "Economically disadvantaged" shall mean that income
level as determined by the DOL and the State of
Virginia as being below poverty guidelines as
certified by SVJTA.
101.5 "GETDII shall mean the Governor's Employment and
Training Department of the State of Virginia.
101.6 "Job Site/Worksitell shall mean the physical
location and the Department of the participating
Agent to which the youth is assigned.
101.7 "job Order" shall mean the SVJTA/SYETP JOB ORDER
forrn (and attachrnents thereto) used as an I
application for requesting work sites/job slots for
SYETP participants and which is incorporated into
and made a part of this Agreement.
101.8 IIJTPAII shall mean the Job Training Partnership Act
of 1982.
101.9 "Participant" shall mean a JTPA eligible youth
referred by SVJTA for placement to Agent and who is
between the ages of fourteen (14) and twenty-one
(21).
101.10 "Program" shall mean the activities and services to
be provided by the Agent under this Agreement.
101-11 "SVJTA" shall mean the Southeastern Virginia Job
Training Administration.
101.12 "State" shall mean the Commonwealth of Virginia.
101.13 "SYETP-' shall mean Summer Youth Employment and
Training Program.
101.14 "Worksite Supervisor" shall mean Agent's personnel
designated by Agent to provide continuous on-site
supervision and direction to SYETP participants at
Agent's worksite(s) and who will be resp,nsible for
verifying SYETP participants- time sheets.
101.15 "Youth" shall mean a person between the ages of
fourteen (14) and twenty-one (21) at the time of
certification.
ARTICLE II: PROGRAM OPERATIONS
200. PROGRAM
The program to be provided shall be a work experience
operation, wherein a youth referred by SVJTA to the Agent, is
given job duties to perform under the guidance and leadership of
the Agent in accordance with the JTPA.
201. RESPONSIBILITIES OF AGENT
201.1 The Agent shall plan and direct participant work
activities in accordance with the applicable
Federal and state child Labor Law Acts, rules and
regulations, and other applicable State and local
laws which are available from SVJTA upon request.
202.2 The Agent shall direct participant(s) work
activities in accordance with their training
plan/job order(s) and/or job description(s), which
are hcreby incorporated by reference and made a
part of this Agreement.
202.3 The Agent shall comply with the Job Training
Partnership Act of 1982.and the regulations
promulgated thereunder especially as they related
to the SYETP.
201.4 The Agent shall ensure that all of the Agent's
personnel, including any alternate staff, who will
be involved in supervising the SYETP participants
shall attend the SYETP Worksite Supervisor's
training session conducted by SVJTA, which will be
held during the months of May and June, 1987.
201.5 The Agent shall allow their worksite supervisor
time off upon SVJTA's written request so that they
may attend the Worksite Supervisor's training
session.
201.6 The Agent shall provide program orientation and
training for their worksite supervisory personnel
directly responsible for the supervision of SYETP
participants, as to the Agent's responsibilities
and obligations under this Agreement.
201.7 The Agent shall notify SVJTA/SYETP immediately of
any temporary and/or ongoing changes in the
designation of personnel who will be supervising
youth.
201.8 The Agent shall be accountable for maintaining
SVJTA/SYETP participant time sheets by keeping
accurate time and attendance records, recording
time I'n segments of fifteen (15) minutes, assuring
and supervising the proper completion of SYETP
participant timesheets consistent with instructions
furnished by SVJTA/SYETP and certifying their
accuracy by signing the participant timesheet(s).
201.9 The Agent shall not require parti,--ipants to work
more than the hours reflected in the Job
Order/Training Plan not to exceed forty (40) hours
per week.
201.10 The Agent shall not knowingly employ or refer for
eligibility certification any youth if a member of
the youth's immediate family is engaged in an
administrative capacity for the contractor, SVJTA,
or the GETD.
a. For the purpose of this section:
(1) The term "employ" means hire, or place by
transfer or any other means of whatsoever
nature.
(2) The term "immediate family" means a
person's spouse and any other relative, by
blood, marriage (including step-children
and step-parents) or adoption, who resides
in the person's household.
(3) The term "person in an administrative
capacity" means the members of a public or
private governing board or council, persons
having overall administrative
responsibility, and persons in subordinate
positions thereto having selection, hiring,
placement or supervisory responsibilities
regarding or over a persoii to be employed
at the time of, or subseqiient to,
employment.
201.11 The Agent warrants that no youth @iill be involved
in a work experience activity that; contributes or
could be expected to contribute to additional sales
or income of the Agent or which will otherwise
result in the subsidization of wages for the
Agent's organization.
201.12 The Agent assures that all sites where participants
will be assigned have the capability and facilities
to provide services to summer Youths in a sanitary
and safe environment.
201.13 The Agent's worksite shall conform to normal
routines and functions befitting a reasonable
business establishment,including, but not limited
to the provision of working conditions, appropriate
supervision on the premises at all times, and the
development of positive work habits.
201.14 The Agent shall assure,it will have supervisory
personnel who will act as worksite supervisors for
each of the Agent's worksites so as to provide for
continuous on-site supervision of participants.
201.15 The Agent understands that the pr(Dgram it is
operating is a single site work e:<perience program,
which means that all job sites at which youths are
to be located must be part of the Agent's
organization. Under no circumstalices shall a
participant be placed at a site other than the
Agent-s designated worksite, unless prior written
permission is granted by SVJTA for outstationing
and in such instances under no circumstances shall
the outstationing site be a private for profit
agency.
201.16 The Agent shall maintain according to sound
management procedures records and files,
containing, but not limited to, time sheets,
attendance records, supervisor assignments, and
personnel changes, relating to the Agent's
operation of the SYETP program.
201.17 The Agent shall make original and/or certified.
cop-ies of any reports,-plans, surveys, information,
documents,
maps or other data produced or developed by the
Agent in execution of the project covered by this
Agreement, available to SVJTA, the GETD and/or the
Department of Labor (DOL) at any time upon
reasonable notice for the purpose of program
audit, examination, and review, even though the
Agent may at the time of the request no longer be
operating programs for SVJTA.
201.18 The Agent shall keep copies of all records
pertaining to the operation of this Agreement and
any Amendment hereto for three (3) years following
the expiration of this Agreement. The
aforementioned records will be retained beyond the
three (3) years if any litigation or audit is
begun or if a claim is instituted involving the
grant or agreement covered by the records. In
these,-instances, the records will be retained
until the litigation, audit or claim has been
finally resolved.
201.19 The Agent shall incorporate additional Assurances
and Certifications, attached hereto as Exhibit B
into this Agreement.
201.20 The Agent shall cooperate with SVJTA/SYETP in
conducting orientation for SYETP participants.
201.21 The Agent shall inform SVJTA/SYETP staff
immediately should an accident or injury occur at
the job site, affecting or involving a
participant, in compliance with Exhibit D.
201.22 The Agent shall notify SYETP staff of any problem
concerning a participant's performance at a
worksite.
201.23 The Agent understands and agrees that no qualified
handicapped individual shall,on the basis of
handicap, be excluded from participation in, be
denied the benefits of, or otherwise be subject to
discrimination under this SYETP program.
201.24 Agent understands that JTPA funds shall not be used
in any way to promote or oppose union activities.
a. No individual shall be required to join a union
as a condition for enrollment in a JTPA program.
b. No participant may be placed into, or remain
working in any position which is affected by
labor disputes involving a work stoppage. If
such a work stoppage occurs, participants in
affected positions must:
1. Be relocated to positions not affected by the
dispute;
2. Bt placed on leave;
3. If participants belong to the labor union
-involved in a work stoppage, they must be
treated in the same manner as any union
member. Such members must nc)t remain working
in the affected position. Tlle contractor
shall make every effort to relocate
participants who wish to remain working into
suitable Positions unaffected by the work
stoppage.
202. RESPONSIBILITIES OF SVJTA
202.1 SVJTA shall provide "Counselors" to provide
technical assistance and aid in the supervision of
the youths, respectively.
201.2 SVJTA shall provide technical assistance with
regard to complying with program requirements.
201.3 SVJTA shall assist the worksite supervisor in
resolving any problems concerning the youth's
-performance on the job by responding to the.
Agent's notice as per Section 201.23 above.
201.4 SVJTA shall hear all grievances concerning
program participants' performance at the job
site and shall remove a participant from the
program upon a determination of cause after such
hearing.
202.5 SVJTA shall provide Worker's Compensation and
liability insurance as necessary for all Summer
Youth Employment and Training Program (SYETP)
participants and SVJTA employees.
202.6 SVJTA shall provide counseling and supportive
ser'vices to the SYETP participants.
202.7 SVJTA shall be responsible for picking up
participant timesheets and distributing
participant paychecks dependent on Agent's
submission of properly certified timesheets.
202.8 SVJTA shall evaluate and monitc)r the Agent's
program, including, but not limited to,
providing written statements as; to corrective
actions to be taken on the part; of the Agent.
202.9 SVJTA shall be responsible for providing Program
Orientation to SVJTA/SYETP participants.
ARTICLE III: GENERAL OBLIGATIONS
300. GENERAL PROVISIONS
300.1 The Agent shall allow SVJTA or any of its agents,
the GETD and the DOL to visit the Agent's
worksites, and monitor, report pr()blems, require
corrective action within specifieci time periods or
close worksites without prior notice other than a
written notification to be delivered to the Agent
at the time of the closing of the worksites, where
SVJTA, the GETD, or DOL find serious or continual
violations of JTPA, the JTPA regulations or other
federal, state or local laws which violations -are
not being remedied, or where SVJTA, GETD, of DOL
find noncompliance with any of the terms or
conditions under this Agreement.
300.2 other than as provided herein, notice shall be
required to be given to SVJTA under this Agreement,
and shall be sufficient when hand delivered or
mailed to SVJTA at its office at the Circle East
Office Building, Suite 223, Norfolk, Virginia
23502.
300.3 All notices required to be given to the Agent under
this Agreement shall be sufficient when hand
delivered or mailed to the Agent at its office
located
at Municipal Center
Virginia Beach, Virginia 23456
300.4 Termination
This Agreement may be terminated as follows:
a. SVJTA may at its discretion terminate this
Agreement without penalty in the event that JTPA
'funds become unavailable to SVJTA for
performance under this Agreement.
b. SVJTA or the Agent may request a termination for
convenience upon fifteen (15) days prior written
notice to the other party.
c. SVJTA may terminate this Agreenient at any time
that the SVJTA authorized repre!sentative, who
shall be the SVJTA Executive Director determines
that:
1. the Agent has failed to comply with any of
the provisions contained in this Agreement or
any Amendment hereto; or
2. 'the Agent fails to perform in whole or in
part under this Agreement or fails to take
corrective action after receiving oral or
written requests to do so within an
appropriate time period as may be stipulated
by SVJTA.
ARTICLE IV: INCORPORATION CLAUSES
400. DOCLn4ENTS TO BE INCORPORATED INTO THE AGREEI-TENT
The following documents are hereby incorporated into and
made a part of this Agreement.
400.1 Labor Laws of Virginia (Code of Virginia of 1950
and 1982 cumulative supplement) and the Virginia
Rules and Regulations declaring hazardous
occupations as promulgated by Commissioner,
Virginia Department of Labor and Industry
(effective date November 1, 1979). (Available
Upon Request)
400.2 General Assurances and Certifications. (Exhibit
A)
400.3 JTPA Rules and Regulations governing the
operation of the Summer Youth 17,mployment and
Training Program. (Available Upon Request)
400.4 Summer Youth Employment and Training Program
Worksite Supervisor's Handbook developed by
SVJTA. (Exhibit B)
400.5 Completed Job Orders/Training Plans to be
incorporated into this Agreement. (Exhibit C)
400.6 SVJTA Memorandum, Medical Authorization for work
Related Injuries. (Exhibit D)
ARTICLE V: COMPENSATION
500. PARTICIPANT WAGES
500.1 SVJTA shall be responsible for the payment of
wages to the SYETP participants based upon:
a. the prevailing minimum wage in effect during
the contract period, and
b. the actual time spent in the program
activity as recorded and verified by the
Agent on the time sheets submitted to SVJTA.
ARTICLE VI. PROHIBITED ACTIVITIES
600. UNALL TIES:
600.1 No participants may engage in partisan or
non-partisan Political activities during hours
for which that person is paid for with or ,
receives training supported by JTPA funds and no
participant may engage in any political activity
in which such participant represents himself or
herself as a spokesperson of any JTPA program,
activity or organization. No participant may be
employed in a Position involving political
activities in the office of an elected official.
600.2 JTPA funded programs and activities may not be
used to support any religious lDr anti-religious
activity. Participants may not perform
functions which provide direct religious
education services. Participazits shall not be
employed in the construction, C)peration, or
maintenance of any facility that is used or to
be used for sectarian instruction or as a place
of religious worship.
600.3 Under JTPA Regulations, placement of a JTPA
participant in private-for-profit activities
wherein the activities of the participant can be
expected to profit the employer or the product
or the participant's work Provides a profit for
any Private or non-profit organization is
prohibited in Summer Youth Employment and
Training Program and activities.
IN WITNESS HEREOF, THE City of Virginia Beach
(Name of organization, Governing Body)
has caused this Agreement to be executed and signed in its name by
Thomas R. Muehlenbeck
(Name of Authorized Signature)
its City Manager
(Title of Authorized signature)
and the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION has caused
this Agreement to be executed and signed in its name by Richard A.
SciUllo, ExeCutive Director, all as of the date and year first
written above.
(Signature of Agent)
APPROVED AS TO CONTENTS
Thomas H. Muehlenbeck
City Manager
(Name and Title)
DEPARI,'V,@t@F
AS TO F',-' SOUTHEASTERN VIRGINIA JOB
TRAINING ADMINISTRATION
Ci-. )fi y
By
,chard A. Sc.
Executive Director
- 43 -
Item IV-I.2.
CONSENT AGENDA ITEM # 27772
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance authorizing and directing the City
Manager to execute the Police Mutual Aid Agreement
and coordinate execution of same by remaining
jurisdictions.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
APPROVED AS TO CO@,,F@
A'@ ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE THE POLICE
MUTUAL AID AGREEMENT AND COORDINATE
ECUTION OF SAME BY REMAINING JURISDICTIONS
7CITY
8
9 WHEREAS, Virginia law authorizes local governments to enter
10 into reciprocal agreements for mutual aid and for cooperation in
11 the furnishing of police services; and
12 WHEREAS, it is deemed mutually beneficial to the Cities of
13 Chesapeake, Norfolk, Portsmouth, and Virginia Beach to enter into
14 an agreement concerning mutual aid and cooperation with regard to
15 law enforcement, increasing the ability of the Cities to promote
16 the safety and welfare of the entire area;
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That the accompanying Police Mutual Aid Agreement is
20 approved and that the City Manager be directed to execute said
21 Agreement on behalf of the City of Virginia Beach and coordinate
22 execution by the remaining jurisdictions.
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on this 3rd day of August 1987.
25
26 WEB/dga
27 MUTAID/ORD
28 6/29/87
29
POLICE MUTUAL AID AGREEMENT
THIS AGREEMENT, made this _ day of
1987, by and between the Cities of Chesapeake, Norfolk, Portsi-nouth and Virginia Beach,
each a municipal corporation of the Commonwealth of Virginia.
WHEREAS, Virginia law authorizes local governments to enter into reciprocal
agreements for mutual aid and for cooperation in the furnishing of police services; and
WHEREAS, the four local governments have determined that the provision of
police aid across jurisdictional lines will increase their ability to preserve the safety and
welfare of the entire area; and
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to
enter into an agreement concerning mutual aid and cooperation with regard to law
enforcement; an. d
WHEREAS, the parties desire that the terms and conditions of any such
Police @Mutual Aid Agreement be established: NOW THEREFORE
WITNESSETH
That for and in consideration of the mutual benefits to be derived from a
Police Mutual Aid Agreement, the parties hereto covenant and agree as follows:
1. Each party will endeavor to provide police support to the jurisdictions
which are parties to this Agreement within the capabilities available at the time the
request for such support is made and within the terms of this Agreeinent.
2. Request for assistance pursuant to the terms and conditions of this
Agreement shall be made by the requesting jurisdiction's City Manager or his designee to
the City rvlanager or his designee of the requested jurisdiction.
3. The requesting jurisdiction shall be responsible for designating a radio
communications system for use by the requested jurisdiction. Use of the Tidewater
Emergency Communications Association of Police (TECAP) system as a link channel
through the dispatch center for each jurisdiction shall constitute fulfillment of this
requirement.
4. The personnel of the requested jurisdiction shall render such assistance
under the direction of tbe Chief of Police of the requesting jurisdiction.
5. Law enforcement support provided pursuant to this Agreement shall
include, but not be limited to, the followin,@ resources: uniformed officers, canine
officers, aerial support when iliaintained, forensic support, plainclothes officers, special
operations personnel and related equipment.
6. Subject to the terms of this Agreement, and without limiting in any way
the other circumstances or conditions in which mutual aid may be requested and provided
Linder this Agreeinent, the parties hereto agree to provide assistance to the requesting
jurisdiction in situations requiring the mass processing of arrestees, and transportation of
arrestees. The parties to this Agreement further agree to assist the requesting
jurisdiction with security and operation of temporary detention facilities.
7. Nothing contained in this Agreement should in any manner be construed
to compel any of the parties hereto to respond to a request for police support when the
police personnel of the jurisdiction to whom the request is made are, in the opinion of
the requested jurisdiction, needed or are being used within the boundaries of that
jurisdiction, nor shall any such request compel the requested jurisdiction to continue to
provide police support in another jurisdiction when its police personnel or equipment, in
the opinion of the requested jurisdiction, are needed for other duties within the
boundaries of its own jurisdiction.
8. In addition to providing mutual aid upon request, police officers, agents
and other eniployees of any city may also enter any other jurisdiction in furtherance of
law enforcement purposes, concerning any offense in which the entering police
-2-
department may have a valid interest; provided, that the entering personnel shall, as
soon as practical, make such presence known to the Chief of Police of the entered
jurisdiction, or his authorized representative.
9. The responsibility for investigation and subsequent actions concerning
ELny criminal offense shall reinain with the police agency of the city whose court
exercises venue over the offense. Entering police personnel shall promptly notify the
police agency of the entered city upon discovery of a crime over which the court of the
entered city exercises venue.
10. Officers acting pursuant to this Agreement shall be granted authority to
enforce the laws of the Commonwealth of Virginia and to perform the other duties of a
law enforcement officer; such authority shall be in conformance with Virginia Code
Sections 15.1-131; 15.1-131.3 and 15.1-131.5, as may be applicable.
11.! All police officers, agents, and other employees of the parties to this
Agreement shall have the same powers, rights, benefits, privileges, and immunities in
every jurisdiction subscribing to this Agreement, including the authority to make arrests
in every such jurisdiction subscribing to this Agreement.
12. The services performed and expenditures made under this Agreeinent
shall be deemed to be for public and governmental purposes and all immunities from
liability enjoyed by the local government within its boundaries shall extend to its
participation in rendering assistance outside its boundaries. It is understood that for the
purposes of this Agreement, the responding party is rendering aid once it has entered the
jurisdiction boundaries of the party receiving assistance.
13. All pension, relief, disability, workman's compensation, life and health
insurance, and other benefits enjoyed by said employees shall extend to the services they
perform under this Agreement outside their respective jurisdictions.
-3-
14. Each party agrees that, in activities involving the rendering of assistance
to a requesting jurisdiction pursuant to Section 15.1-131, Code of Virginia, 1950, as
amended, each party shall (1) waive any and all claims against all the other parties
thereto which may arise out of their activities outside their respective jurisdictions; and
(2) indemnify and save harmless the other parties from all claims by third parties for
property damage or personal injury which may arise out of the activities of the other
parties outside their respective jurisdictions.
15. The parties shall not be liable to each other for reimbursement for
injuries to personnel or damage to equipment incurred when going to or returning from
another jurisdiction. Neither shall the parties be liable to each other for any other costs
associated with, or arising out of, the rendering of assistance pursuant to this
Agreement.
16. This Agreeinent repeals and supersedes all previous written agreements
or oral understandings relating to the provision of mutual police services.
17. Any party may withdraw from this Agreement by giving thirty (30) days
written notice to that effect to the other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective city managers and the official seal of each city affixed
hereto and attested by their respective city clerks indicating thereafter the ordinance or
resolution authorizing the execution.
-4-
Approved as to form: CITY OF CHESAPEAKE
By
City Attorney City Manager
SEAL
ATTEST
City Clerk
Resolution/Ordinance No.
Effective Date:
Approved as to form: CITY OF NORFOLK
By
City Attorney City Manager
SEAL
ATTEST
City Clerk
Resolution/Ordinance No.
Ef f ective Date:
Approved as to form: CITY OF PORTSMOUTH
By
City Attorney City Manager
SEAL
ATTEST
City Clerk
Resolution/Ordinance No.
Eff ective Date;
Approved as to form: CITY OF VIRGINIA BEACH
By
City Attorney City Manager
SEAL
ATTEST
City Clerk
Resolution/Ordinance No.
Eff ective Date:
-6-
- 44 -
Item IV-I.3.
CONSENT AGENDA ITEM # 27773
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article II Section
5-31 of the Code of the City of Virginia Beach
pertaining to Bird Sanctuaries (ADDING: Lake James
Subdivision, Kempsville Borough).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
Requested by Councilman John Moss
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE II SECTION 5-31 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO BIRD
5 SANCTUARIES.
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Article II Section 5-31 of the Code of the City of
10 Virginia Beach is hereby amended and reordained to read as
11 follows:
12
13
14 Section 5-31. EStablished; purpose.
15
16 The following described areas in the city are hereby
17 declared to be bird sanctuaries for the protection of all birds:
18 (1) North Thalia in Kempsville Borough:
19 Beginning at a point in the center
20 of Thalia Creek on the north side
21 of U.S. Route 58 (Virginia Beach
22 Boulevard); thence in a northerly
23 direction following the center of
24 Thalia Creek to the merger of
25 Thalia Creek, the western branch of
26 Lynnhaven River and Buchannan
27 Creek; thence in an easterly
28 direction along the center of
29 Buchanan Creek (Lynnhaven and
30 Kempsville Borough line) to the
31 northeast boundary of Thalia
32 Shores; thence in a southerly
33 direction along the Lynnhaven and
34 Kempsville Borough line to a point;
35 thence along the borough line in a
36 westerly direction approximately
37 twelve hundred (1200) feet, more or
38 less, to a point; thence along the
39 borough line in a southerly
40 direction to the north side of U.S.
40 RoUte 58 (Virginia Beach Boulevard)
41 and Route 1192 (West Brook Road);
42 thence in a westerly direction
43 along U.S. Route 58 to the point of
44 beginning.
45 (2) Chesopian Colony in Lynnhaven
46 Borough: Beginning at a point in
47 the center of Pine Tree Branch on
48 the north side of U.S. Route 58
49 (Virginia Beach Boulevard); thence
50 in a northerly direction following
51 the center of Pine Tree Branch to
52 the merger of Pine Tree Branch, the
53 eastern branch of Lynnhaven River
54 and London Bridge Creek; thence in
55 a southeasterly direction along the
56 center of London Bridge Creek to
57 U.S. Route 58 (Virginia Beach
58 Boulevard); thence along the north
59 side of U.S. Route 58 in a westerly
60 d i r e c t i o nto the p o i n t of
61 beginning.
62 (3) The subdivisions known as Kings
63 Grant, Alanton, Kings Forest,
64 Malibu, Birchwood Gardens,
65 Lynnhaven Acres, Cape-Story-By-The-
66 Sea, Bay Island and Trantwood
67 Shores in the Borough of Lynnhaven
68 and Nottingham Estates, Laurel Cove
69 and Aragona Village in Bayside
70 Borough.
71 (4) All that certain area located in
72 Lynnhaven Borough, including, but
73 not limited to those subdivisions
74 known as Wolfsnare Plantation,
75 Southern Points, Robin Hood Forest
2
76 and Great Neck Estates, and being
77 more particularly described as
78 follows: Beginning at a point in
79 the center of Wolfsnare Creek on
80 the western side of Great Neck
81 Road; thence in a westerly
82 direction following the center line
83 of Wolfsnare Creek to the merger of
84 Wolfsnare Creek and the eastern
85 branch of the Lynnhaven River;
86 thence in a northerly direction
87 along the center line of the
88 eastern branch of the Lynnhaven
89 River to the merger of the center
90 line of the eastern branch with
91 Inlynnview Road extended; thence,
92 in an easterly direction and
93 running parallel to Robin Hood
94 Road, down the center of Inlynnview
95 Road to the intersection of
96 Inlynnview Road and Five Points
97 Road; thence in a northerly
98 direction, down the center of Five
99 Points Road to the point of
100 intersection of Five Points Road
101 and Rose Hall Drive; thence in an
102 easterly direction, down the center
103 of Rose Hall D r i v eto the
104 intersection of Rose Hall Drive
105 with Great Neck Road7; thence in a
106 southerly direction and traveling
107 along the western right-of-way line
108 of Great Neck Road to the point of
109 merger of the center line of
110 Wolfsnare Creek with the western
ill right-of-way line of Great Neck
3
112 Road, said point being the point of
113 beginning.
114 (5) All that certain area bounded on
115 the north by Shore Drive, on the
116 south by Long Creek, on the west
117 by Great Neck Road and on the east
118 by the subdivision known as Cape-
119 Story-By-The-Sea.
120 (6) The subdivisions known as Lakeview
121 Shores, Lake Smith Terrace, Lake
122 Smith Terrace-West, Thoroughgood,
123 Thoroughgood Estates, Lake Shores,
124 Bayville Park, Baylake Pines and
125 Baylake Beach in Bayside Borough.
126 (7) All that certain area located in
127 Princess Anne Borough being
128 described as follows: From the
129 intersection of the center line of
130 Hell Point Creek and Tabernacle
131 Creek to its intersection with the
132 center line of Muddy Creek to its
133 termination at North Bay, then
134 northwardly along the center line
135 of Hell Point Creek to the point of
136 origin.
137 (8) The subdivisions known as Lake
138 James, Kempsville Heights, Point-
139 of -View, Arrowhead, Carolanne
140 Farms, Huntington, Fairf ield,
141 Kempsville Manor, Kempsville
142 Gardens, Lark Downs, Larkspur,
143 Kempsville Colony, Bellamy Manor,
144 Acredale, Reverton, Lakeville
145 Estates and Stratford Chase in
146 Kempsville Borough and Fawn Village
147 at Indian Lake.
4
148 (9) All that certain area located in
149 Princess Anne Borough being
150 described as follows: From the
151 center line of North Landing Road
152 easterly five hundred (500) feet
153 and westerly five hundred (500)
154 feet and running parallel to North
155 Landing Road from the south line of
156 Indian River Road to the Chesapeake
157 C i t y boundary 1 i n e on t h e
158 Intercoastal Waterway.
159 (10) The subdivision known as Lago-Mar
160 in Princess Anne Borough.
161 (11) The subdivision known as Green Run
162 in Princess Anne Borough.
163 (12) The subdivisions known as Pembroke
164 Meadows, Pembroke Manor, Witchduck
165 Point and Witchduck Bay in Bayside
166 Borough.
167 (13) The subdivision known as Lynnhaven
168 Colony.
169 (14) All that certain area known as
170 Chesapeake Beach in the Bayside
171 Borough of the city; said area is
172 bounded on the south by Shore
173 Drive, bounded on the north by
174 Chesapeake Bay, bounded on the west
175 by Little Creek Amphibious Base,
176 and bounded on the east by the
177 subdivision known aS Baylake Pines.
178 (15) All that certain area known as
179 Princess Anne Plaza in the
180 Lynnhaven and Princess Anne
181 Boroughs of the city; said area is
182 bounded on the north by the
183 Virginia Beach toll road, bounded
5
185 on the west by Rosemont Road,
186 bounded on the south by Holland
187 Road and Lynnhaven Parkway, and
188 bounded on the east by Lynnhaven
189 Parkway.
190 (16) All that certain area known as
191 Wolfsnare in the Lynnhaven Borough
192 of the city; said area is bounded
193 on the east by First Colonial Road,
194 on the north by the Northern Branch
195 of Wolfsnare Creek, on the west by
196 Great Neck Road, and on the south
197 by the southern branch of Wolfsnare
198 Creek, Regency Apartments, and
199 Laskin Road; to include the
200 subdivision of First Colonial
201 Estates, Camden Estates, Glouster
202 Village, Hilltop Manor, Wolfsnare
203 Acres, Washington Square and Woods
204 of Washington Square.
205 (17) All that certain area known as Lake
206 Placid in the Princess Anne
207 Borough.
208 Adopted by the Council of the City of Virginia Beach,
209 Virginia, on the 3rd day of August 1987.
210
211 JDB/epm
212 07/21/87
213 CA-02362
214 \ordin\proposed\05-031.pro
215
6
- 45 -
Item IV-I.4.
CONSENT AGENDA ITEM # 27774
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 2 of the
Code of the City of Virginia Beach by AMENDING
Section 2-215(b), and Section 2-215.3 pertaining to
procurement.
The City Attorney advised Councilwoman McClanan it was mandatory the City ADOPT
amendments to the State Code.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
D,; E@ IT
0
P T
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CRAPTER 2 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, BY
4 AMENDING SECTION 2-215 (b), AND
5 SECTION 2-215.3 PERTAINING TO
6 PROCUREMENT
7
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Chapter 2 of the Code of the City of Virginia
12 Beach, virginia, is hereby amended and reordained by amending
13 Section 2-215(b) and 2-215.3 pertaining to procurement to read as
14 follows:
15 Section 2-215. Competitive bidding in general.
16
17 (a) It shall be the responsibility of the purchasing
18 division to obtain as full and open competition as is possible
19 and practical on all purchases and sales through competitive
20 sealed bidding, or through any other method of procurement
21 authorized by this or other sections.
22 (b)(i) Upon a determination in-wviting made in advance
23 by the public body and set forth in writing that competitive
24 sealed bidding is either not practicable or not fiscally
25 advantageous to the public, goods, services or
26 insurance may be procured by competitive
27 negotiation. The writing shall document the basis for this
28 determination.
29 ( b ) ( i iConstruction may be procured only by
30 competitive sealed bidding, except that competitive negotiation
31 may be used in the following instances upon a determination made
32 in advance that competitive sealed bidding is either not
33 practicable or not fiscally advantageous to the public, which
34 writing shall document the basis for this determination.
35 (1) For the alteration, repair, renovation, or
36 demolition of buildings when the contract is not expected to cost
37 more than $500,000.00.
38 (2) For the construction of highways and any draining,
39 dredging, grading or similar work upon real property.
40 (c) Upon a determination in writing that there is only
41 one source practicably available for that which is to be
42 procured, a contract may be negotiated and awarded to that source
43 without competitive sealed bidding. The writing shall document
44 the basis for this determination.
45 (d) Where it is possible and practical, formal sealed
46 bids shall be obtained for all purchases with a dollar value of
47 ten thousand dollars ($10,000.00) or more. Purchases under single
48 or term contracts of less than ten thousand dollars ($10,000.00)
49 are made on the basis of informal bids. These may be obtained
50 either by written or telephonic quotation. Where at all possible
51 or practical, these purchases shall be based upon the
52 solicitation of three (3) or more sources.
53 (e) Bids shall be submitted to the purchasing agent in
54 a sealed envelope and shall be clearly marked or identified.
55 Bids shall be opened in public at the time and place stated in
56 the bid form.
57 (f) The purchasing agent shall have the authority to
58 accept or reject any or all bids, or any portion thereof, and to
59 enter into any contract deemed to be in the best interest of the
60 city.
61 (g) The city may waive informalities in bids.
62 (h) All bids shall contain an anticollusion statement
63 which shall be sworn to by the vendors.
64 (i) The provisions of this section shall not be
65 applicable to legal services or expert witnesses, and other
66 services associated with litigation or regulatory proceedings,
67 nor shall this section be applicable to purchases made through
68 agencies of the state or jointly with other political
69 subdivisions of the state.
70 (j) While administering public assistance programs as
71 defined in Section 63.1-87 of the Virginia Code or the fuel
72 assistance program, the city may procure goods or personal
2
73 services for direct use by a recipient of such programs delivered
74 by a vendor upon specific instructions from the purchasing agent
75 without competitive sealed bidding or competitive negotiations.
76
77 Section 2-215.3. Competitive bidding on state-aid projects.
78 No contract for the construction of any building or for
79 an addition to or improvement of an existing building for which
80 state funds of ten thousand dollars ($10,000.00) or more, either
81 by appropriation, grant-in-aid or loan, are used or are to be used
82 for all or part of the cost of construction shall be let except
83 after competitive sealed bidding or after competitive negotiation
84 as provided under section 2-215 (b)(ii). The procedure for the
85 advertising for bids or for proposals and for letting of the
86 contract shall conform, mutatis mutandis, to this division. Ne A
87 person or firm who has been engaged as an architect or engineer
88 for the same project under a separate contract shall not be
89 eligible to bid on or submit @a proposal for any such contract
90 under competitive sealed bidding or competitive negotiation
91 procedures nor or to have the same contract awarded to him or--i+
92 whe-has-been-engaged-as-architect-or-engineer-for-the-same-preject
93 dnder-a-separate-contract.
94 Adopted by Council of the City of Virginia Beach,
95 Virginia, on the 3rd day of Laust 1987.
96 JAR/epm
97 05/01/87
98 07/09/87
99 CA-01215
100 (\Ordin\Proposed\Chapt2-l.pro)
101
3
- 46 -
Item IV-I.5.
CONSENT AGENDA ITEM # 27775
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $3,090 in
additional State aid funds into the Library
Department's FY 87-88 Operating Budget.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$3,090 IN ADDITIONAL STATE AID FUNDS INTO THE
LIBRARY DEPARTMENT'S FY 87-88 OPERATING BUDGET
WHEREAS, the Conmonwealth provides annual funding assistance to public
libraries for the purpose of acquiring books and related materials, and
WHEREAS, during the preparation of the FY 87-88 operating budget, the
anticipated amount of State Aid was estimated to be $245,290 and was appropriated
into the Library Department's operating budget, and
WHEREAS, the Virginia State Library Department has notified the City
the actual amount of State Aid available for FY 87-88 will be $248,380 which is
$3,090 greater than estimated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $3,090 be added to the FY 87-88
operating budget of the Library Department with a corresponding increase in
estimated revenues.
This ordinance shall be in effect from the date of its adoption.
Adopted this _ day of August, 1987, by the Council of the City of
Virginia Beach, Virginia.
FIRST READING: August 3, 1987
SECOND READING:
APPROVEr) AS T'-'-,O@ITENT
DEPARTtA@.NT
LD
EY
SWJ/LIBSTAID.ORD
- 47 -
Item IV-I.6.
CONSENT AGENDA ITEM # 27776
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to transfer $44,576 from reserve for
contingencies to Preventive Medicine -
Contribution, Local Health Department for provision
of matching funds for additional State resources
for additional preventive medicine services.
Voting; 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Pa-ker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO TRANSFER $4L,,576 FROM
RESERVE FOR CONTINGENCIES TO PROVIDE REQUIRED
MATCHING FUNDS FOR ADDITIONAL PREVENTIVE MEDICINE SERVICES
WHEREAS, the Commonwealth of Virginia Department of Health, responding to
concerns raised by localities over funding levels for community healtb services
for fiscal year 1987-88, has allocated additional funds for these services and
WIIERZAS, the allocation of additional state funds in the amount of $116,535
for the City of Virginia Beach requires local matching funds of $95,347, in
accordance with the State/City matching formula and,
WHERF-AS, the FY 1987-88 City of Virginia Beach Operatir)g Budget, based on
budget allocation statements provided by the State, did not include funds to
match this level of additional State resources.
NOW THEREFORE BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $44,576 be transferred from the Reservce
for Contingencies to Preventive Medicine - Contribution, Local Health Department
for provision of matching funds for additional State resources.
Tliis ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
tbe 'irei day of Auaust 1987.
- 48 -
Item IV-I.7.
CONSENT AGENDA ITEM # 27777
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to transfer $11,427 within the FY 87-88
Operating Budget for the purchase of a telephone
system for the Pavilion.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, 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:
Harold Heischober
*Councilman Balko ASTAINED as he receives a dividend check from A T & T.
!T
ORDINANCE TO TRANSFER $11,427 WITHIN THE
Fy 87-88 OPERATING BUDGET FOR THE PURCRASE
OF A TELEPHONE SYSTEM FOR PAVILION
WHEREAS, the telephone system installed in Pavilion in 1980 is a leased
system, and
WHERF-AS, continuing the present lease agreement is more costly to the
City than the purchase price of a similar telephone system, and
WHEREAS, the total projected savings to the City over the next five
years is $40,144, and
WHERF-AS, the total amount required to purchase a telephone system is
$11,427 with $6,403 available for transfer within the FY 87-88 operating budget
of the Department of Economic Development, resulting in a balance of $5,024 to be
transferred from Reserve For Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA, that funds in the amount of $6,403 be transferred within the FY
87-88 operating budget of the Department of Economic Development and $5,024 be
transferred from Reserve for Contingencies for the purchase of a telephone system
for Pavilion.
This ordinance shall be in effect from the date of its adoption.
Adopted this 3rd day of August, 1987, by the Council of the City of
Virginia Beach, Virginia.
SWJ/PAVPHONE.ORD
- 49 -
Item IV-I.8.
CONSENT AGENDA TTEM # 27778
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low Bid to Sovran Leasing Corporation for an
interest rate of 6.36% for the lease purchase of a
paging system ($177,177) for the Office of
Emergency Medical Services, a motor grader
($69,000) for Public Works/Refuse Disposal, and a
modular building ($69,300) currently used for the
Alcohol Detoxification Facility.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, 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:
Harold Heischober
*Councilman Baum ASTAINED as his wife is employed with SOVRAN BANK.
- 50 -
Item IV-I.q.
CONSENT AGENDA ITEM # 27779
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low Bid to Asphalt Roads and Materials Company,
Inc., in the amount of $387,371.25 for minor City-
wide construction projects for various City
agencies.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
- 51 -
Item IV-I.10.
CONSENT AGENDA ITEM # 27780
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low Bid to Brown Building Corporation in the amount
of $288,6oo for replacement of dilapidated
structure, since demolished, that served as a
community meeting place for the citizens of
Seatack.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
- 52 -
Item IV-I.11.
CONSENT AGENDA ITEM # 27781
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low Bid to Contractor's Paving Company, Inc., in
the amount of $2,589,026.96 for design and
construction of a four-lane arterial highway from
Holland Road to Dahlia Drive, a distance of 3,400
feet and the addition of two lanes to establish a
four-lane arterial from Dahlia Drive to Lynnhaven
Parkway, a distance of 2,200 feet, project also
includes a bicycle trail along its entire length
(CIP 2-989).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
- 53 -
Item IV-I.12.
CONSENT AGENDA ITEM # 27782
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Raffle Permit:
Messiah Lutheran Church
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
- 54 -
Item IV-I.13.
CONSENT AGENDA ITEM # 27783
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $8,027.26 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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;
Harold Heischober
FORM NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Queens Construction Corp
1013 Kindley Dr
Va Beach, VA 23452 1985-86 Audit 3,345.24 3,345.24
Terezinha B Richmond
T/A Terri's Place
957 Providence Square
Va Beach, VA 23462 1985-86 Audit 114.44 114.44
Certified as to Payment:
A&en P. Vaughan
Commissioner of the Revenue
Approved as t
[S@le BimsoA
ity Attorney7
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ -A , 4q r, Pwere approved by the Council
of the City of Virginia Beach on the 3dayof August '19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV, 31M
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
Green Room Builders Inc
3728 Surry Rd
Va Beach, VA 23454 1985-86 Audit 18.00 18.00
Hancraft Furniture of VA Inc
Umstead Industrial Park
5816 Triangle Dr
Raleigh, NC 27612 1985-86 Audit 188.97 188.97
Paul M Sutton Inc
T/A Paul's Auto Service
128 Happv St I
Va Beach, VA 23452 1986 Audit 305.78 305.78
Certified as to Payment:
61
Fto-bert P. Vaughan
Commissioner of the Revenue
as t m:
OAV
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 512 7 5were approved by the Council
3 August 87
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FOflM NO, C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty int. Total
Year Paid
Ronald G Gillman
T/A R G Cillman Construction
968 Sunnyside Dr
Va Beach, VA 23464 1985-86 Audit 20.90 20.90
Gables Development Ltd
939 Providence Sq SIC
Va Beach, VA 23464 1985-86 Audit 116.02 116.02
Clinton Graves
T/A Clinton Graves
1204 Schabod Cti
Va Beach, VA 23454 1986 Audit 18.55 18.55
Certified as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to toz
Da@e Bi-mson
14,ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 5 5. 4 7 were approved by the Council
of the City of Virginia Beach on the day of @iistc 19 8@
Ruth Hodges Smith
City Clerk
@M NO. C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Atlantic Development Assoc
805 Cardinal Rd
Va Beach, VA 23451 1985-86 Audit 1,905.00 1,905.00
Benchmark Building Coro
372 S Independence Blv@
Va Beach, VA 23452 1984-86 Audit 1,989.36 1,989.36
D-A Lubricant Company Inc
T/A Newark Electronics
4500 Euclid Ave
Cleveland, OH 44103 1986 Letter 5.00 5.00
Certified as to Payment:
R@bert P. Vaughan
Commissioner of the Revenue
A oved as to fo
P7
aVe-Bimson
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,899.36 wereapprovedbythecouncil
of the City ot Virginia Beach on the3 day of Auizust 19 87
Ruth Hodges Smith
City Clerk
- 55 -
Item IV-I.14-
CONSENT AGENDA ITEM # 27784
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$8,143.26 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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:
Harold Heischober
ORM NO. C.A. 7 711 3/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Robert L Lenear 85 pp 95074-8 61328 6/5/85 138.00
Kemit F Wall 87 pp 177819-2 61538 5/15/87 17.37
Lynhaven United Methodist Ch 87 pp 106648-8 61838 5/14/87 19.00
Automotive Rentals Inc 87 pp 6780-8 61815 5/22/87 282.53
Dallas R Divelbiss 86 pp 43476-1 62097 6/5/86 49.86
Dallas R Divelbiss 85 pp 42788-7 62096 6/5/85 30.00
Donna K Smith 87 pp 157663-1 62079 6/5/87 113.05
LM Sandler &Sons 87 pp 98478-2 62089 6/5/87 361.00
LM Sandler &Sons 87 pp 98477-3 62090 6/5/87 361.00
LM Sandler &Sons 87 pp 98476-4 62104 6/5/87 361.00
LM Sandler &Sons 87 pp 98475-5 62103 6/5/87 361.00
LM Sandler &Sons 87 pp 98474-6 62091 6/5/87 361.00
LM Sandler &Sons 87 pp 98473-7 62101 6/5/87 361.00
LM Sandler &Sons 87 pp 98472-8 62105 6/5/87 361.00
LM Sandler &Sons 87 pp 98471-9 62102 6/5/87 361.00
Frederick V &Elizabeth Wood 87 pp 188128-5 62149 6/5/87 27.55
R E Michel Co 87 pp 139178-7 62227 6/5/87 145.16
Forest R & Barbara Nester 87 pp 124454-4 61996 6/5/87 19.00
Kathryn F McKitrick 87 pp 114067-4 62175 5/22/87 6.00
Preston A & Rhonda Holt 87 pp 81885-5 62174 6/5/87 12.01
John M & Grace Zurfluh 87 pp 191523-0 62093 6/5/87 198.55
Contel Credit Corp Leasing 87 pp 35078-8 62238 6/5/87 29.49
James E Gordon 87 pp 67304-7 62181 5/21/87 112.82
James Swartz III 87 pp 166131-6 62162 6/5/87 99.18
Patrick A POwell 87 pp 137125-5 62185 5/6/87 17.10
Steve R James 87 pp 87395-5 62161 6/4/87 14.25
James A Swartz III 87 pp 166130-7 62115 6/5/87 42.56
Home Federal S&L 84 RE(1/2) 25423-5 12/5/83 20.00
Home Federal S&L 84 RE(2/2) 25423-5 6/5/84 20.00
Home Federal S&L 85 RE(1/2) 27354-3 12/5/84 20.00
Home Federal S&L 85 RE(2/2) 27354-3 6/5/85 20.00
Home Federal S&L 86 RE(1/2) 29103-2 12/5/85 20.00
Home Federal S&L 86 RE(2/2) 29103/2 6/5/86 20.00
Cavalier Investment Co 84 RE(1/2) 14554-0 12/5/83 104.71
Cavalier Investment Co 84 RE(2/2) 14554-0 6/5/84 104.71
Cavalier Investment Co 85 RE(1/2) 15718-9 12/5/84 104.71
Cavalier Investment Co 85 RE(2/2) 15718-9 6/5/85 104.71
Cavalier Investment Co 86 RE(1/2) 16808-7 12/5/85 104.71
Cavalier Investment Co 86 RE(2/2) 16808-7 6/5/86 104.71
Homestead Savings &Loan 87 RE(1/2) 111620-1 11/17/86 481.96
Life Savings Bank 87 RE(1/2) 66008-9 12/5/86 49.25
Ameribanc Savings Bank 87 RE(2/2) 116293-6 6/5/87 494.71
Total 6,035,66
This ordinance shall be effective from date of adoption.
The a@Ev totaiing Ger
@emevnl(s,
a
6 'ere approved by
the Council of,the City of Virginia
Beach on the day of August, 1987
!oh
v
Approved as to form:
Ruth Hodges Smith
City Clerk
711 3/87 EMC
ORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Forest R Nester 86 pp 118608-2 61997 6/5/86 9.72
Sovran Mortgage Corp 86 RE(1/2) 38366-5 12/5/85 12.00
Sovran Mortgage Corp 86 RE(2/2) 109751-7 6/5/86 116.64
Sovran Mortgage Corp 87 RE(1/2) 7@506-2 12/1/86 90.27
Sovran Mortgage Corp 84 RE(1/2) 68616-2 12/5/83 22.18
Sovran Mortgage Corp 84 RE(2/2) 68616-2 6/5/84 22.18
Sovran Mortgage Corp 85 RE(]/2) 72200-5 12/5/84 22.18
Sovran Mortgage Corp 85 RE(2/2) 72200-5 6/5/85 22.18
Sovran Mortgage Corp 86 RE(1/2) 77969-4 12/5/85 22.76
Sovran Mortgage Corp, 86 RE(2/2) 77969-4 6/5/86 22.76
Sovran Mortgage Coro 87 RE(1/2) 114928-4 12/5/86 20.00
James M & Sherry Walker 84 RE(6mo) 99538-2 5/30/84 30.74
James M & Sherry Walker 85 RE(1/2) 94753-0 12/5/84 30.74
James M & Sherry Walker 85 RE(2/2) 94753-0 5/29/85 30.74
James M & Sherry Walker 86 RE(1/2) 101971-8 11/27/85 54.22
James M & Sherry Walker 86 RE(2/2) 101971-8 5/22/86 54.22
James M & Sherry Walker 87 RE(1/2) 10822-1 11/12/86 94.16
Green Run Homes Assoc 86 RE(1/2) 38287-1 12/5/85 1.20
Green Run Homes Assoc 86 RE(2/2) 38287-1 6/5/86 1.20
Green Run Homes Assoc 86 RE(]/2) 38286-2 12/5/85 1.20
Green Run Homes Assoc 86 RE(2/2) 38286-2 6/5/86 1.20
John T & Doris Morrow 84 RE(1/2) 61308-0 12/5/83 18.00
John T & Doris Morrow 84 RE(2/2) 61308-0 6/5/84 18.00
John T & Doris Morrow 85 RE(1/2) 64534-9 12/3/84 18.00
John T & Doris Morrow 85 RE(2/2) 64534-9 6/5/85 18.00
John T & Doris Morrow 86 RE(]/2) 69636-4 12/5/85 18.00
John T & Doris Morrow 86 RE(2/2) 69636-4 6/5/86 18.00
Homestead Saving & Loan 86 RE(1/2) 105146-9 11/15/85 469.96
Homestead Saving & Loan 86 RE(2/2) 105146-9 5/16/86 469.96
Life Savings Bank 87 RE(1/2) 6231-4 12/5/86 82.37
Sidney N & Linda Johnson 87 RE(1/2) 52148-0 11/13/86 95.79
Sidney N & Linda Johnson 87 RE(2/2) 52148-0 5/19/87 95.79
Life Savings Bank 87 RE(1/2) 35152-8 12/5/86 51.83
Clements & Douglas 87 RE(2/2) 14606-5 6/5/87 35.76
Life Savings Bank 87 RE(1/2) 54180-5 12/5/86 15.65
Total 2,107.60
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
2.107.60 were approved by
the Council of the City of Virginia
Beach on the 3 day of August , 1987
pproved as to for:
Ruth Hodges Smith
City Clerk
Attorney
- 56 -
Item IV-K.1
NEW BUSINESS ITEM # 27785
ADD-ON
BY CONSENSUS, City Council APPROVED the following SCHEDULE:
August 2, 1987 First Publication of Required Notice
of Public Hearing
August 9, 1987 Second Publication of Notice
August 10, 1987 First Reading of Bond Ordinance
August 17 , 1987 Public Hearing and Second Reading
August 24, 1987 FLEXIBILITY to defer Final Approval
Councilman Moss requested, as part of the Public Presentation, this also cover
additional anticipated Referenda and unfunded liabilities the City Council is
attempting to pursue in the next five years to enabie evaluation by the Public
of the Referendum question relative to all the other requirements. There
should be at least identification of the Court Building as an unfunded
liability in the next five years so the citizens can evaluate same.
City Council referenced the possiblity of the Issuance of Juvenile and Domestic
Relations District Court Facility Bonds of the City of Virginia Beach,
Virginia, in the amount of $7,500,000. Same shall be discussed and an
advertisement prepared.
A WORKSHOP shall be SCHEDULED at 10:30 A.M., Monday, August 10, 1987, for
discussion of funding either the total Judicial Center or just the Juvenile
Court Facility.
Counclwoman McClanan will also brief City Council concerning a proposed Charter
Change relative a Tree Protection Amendment.
- 57 -
Item IV-K.2.
NEW BUSINESS ITEM # 27786
ADD-ON
Vice Mayor Oberndorf referenced the reasons the City Council should retain its
membership as well as participation with the NATIONAL LFAGUE OF CITIES and the
VIRGINIA MUNICIPAL LE-AGUE.
The Chief Counsel of the NLC had requested Vice Mayor Oberndorf to make
available to the Environmental Protection Agency the names of the City's
technical represenatives to assist in formulating a policy for Storm Water
run-off. Congress mandated that the U.S. Environmental Protection Agency
develop standards over the next 18 months to regulate pollutants and Urban
Storm liater run-off, first from Cities of 250,000 population and then after
that for Cities of 100,000 or under. The process is now underway. The NATIONAL
LF,AGUE OF CITIES met in Washington on August 3, 1987. The objective of the
meeting was to ensure that EPA develop regulations that can be implemented in
Cities across the nation that experience significant dil-ferences as a result of
storm events. Carl Thoren, Engineering; Jack Whitney, Planning; and, Louis
Cullipher, Director of Agricultural, represented the City. Seattle, Fort
Worth, Lincoln, Virginia Beach, Alexandria, New Orleans, Baltimore, Phoenix,
Indianapolis, Denver, Philadelphia, Fairfax County, Tampa, Minneapolis and St.
Paul were in attendance.
- 58 -
Item IV-K.3.
NEW BUSINESS
ADD-ON ITEM # 27787
Councilwoman Parker referenced the OPENING CEREMONIES of the SPECIAL OLYMPICS
in Indiana are SCHEDULED for tonight, August 3, 1987, and wished everyone to be
aware of this heartwarming program.
There are three representatives from the Tidewater area: two from Chesapeake
and one from Hampton.
Councilwoman Parker reiterated the MOTTO: "Let me win. If I cannot win, let me
be brave in the attempt."
- 59 -
Item IV-L.I.
RECESS INTO
EXECUTIVE SESSION ITEM # 27788
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 Publicly Held Property (Real
Estate) and Legal Matters , after which to adjourn (6:14 P.M.)
1. 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.
2. LEGAL 14ATTERS: 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.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. lienley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
4@VERBAL VOTE
- 60 -
Item IV-L.2
ADJOURNMENT ITEM # 27789
Upon motion by Councilwoman Henley, seconded by Councilman Baum, and BY
ACCLAMATION, City Council ADJOURNED the Meeting at 7:20 P.M.
Chief Deputy City Clerk
/19
@th Hodgeg Smith, CMC bert
City Clerk @ayor
City of Virginia Beach
Virginia