MAY 11, 1987 MINUTESCity of Virginia Beach
CITY COUNCIL
MAYOR ROBERT G JONES At Large
VICE MAYOR MEYERA E OBERNDORF At Large
ALBERT ~V BALKO, Lynnhaven Borough
JOHN A BAUM, Bku:kwater Borough
ROBERT E FENTRESS, V~rgm,a Beach Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
REB4 S McCLANAN, Pnncess Anne Borough
JOHN D MOSS, Kempstqlle Borough
NANCY K PARKER, At Large
JOHN L PERRY Bays~de Borough
THOMAS H MUEHLENBECK Czty Manager
J DALE BIMSON, Czty Attorney
RUTH HODGES SMITH, CMC Csty Clerk
"WORLD'S LARGEST RESORT CITY"
VIRGINIA BEACH CITY COUNCIL
~81 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEA CH. VIRGINIA ~$456-90(P2
1804] ~7 4505
AGENDA
~ 11, 1987
ITE~ I. (XXRqCIL (/X~RE~2E SESSION
- Oonference Room- 12: NO3N
- ~onferenceBocm- 12:30PM
A. C/~I. TO ORDER- Mayor Robert G. Jones
B. ROLL CML OF CGJ[~IL
ITEM III. FO~AL SESSION
- Council Chambers- 2:00 PM
A. ~ION: Reverer~ Edward A. ~2Leod,
K~ngs Grant Presbyterzan Church
B. ~.RnGE OF b1.LWGIANCE TO THE FLAG OF ~ffE UNITED STATES OF AMERI~
C. ~.ECTRONIC RDLL CAT;T, OF CITY CG3NCIL
Governor's P~ard for Volunteerz~n
Bruce Edwards, Director
Emergency Medical Services
E. ADOPTION OF IT~4S FOR THE FORMAL AGENDA
F. MINUTES
1. I/qFO~ & FOI~L SESSIONS - May 4,
1987
G. PUBLIC HEARINS
1. OPERATIN~ BL~ET - Fiscal Year July 1, 1987 - June 30, 1988
2. REAL F~qTATE TAX ~~q~. - Effective July 1, 1987
H. FORLIC HEARINS
a. Application of Mt. Olive Baptist Church for a CondltioD~_] Use
Pern~t for a church addition on the east side of North Birdneck
Road, 240 feet mc~e or less north of Virginia Beach Boulevard
at ( 310 North B1 rdneck Road), conta ~n ~ng 1.679 acres,
(Lynnhaven Borough).
R~ndatzon: APPRDVAL
b. Application of James A. ar~ Mary A. Hamel, for a Change of
Zoning 600 feet north of Firefall Drive (formerly Old Dam Neck
Road), beginning at a point 760 feet more or less east of
(haka Lane, (684 Firefall Drive), (Princess Anne Borough);
fron A.G-1 Agrzcultural District to R-5 Residential District,
containing 1.32 acres
fron AG-2 Agricultural District to R-5 Residential District,
containing 6.08 acres
P~conxnendation: APPROVAL
c. Application of Robert E. Hudson for a Oonditlonal Use Permit
for a bulk storage yard on lot 24, london Bridge Industrial
Park (588 Central Drive), containing 2.38 acres, (Princess Anne
Borough).
Recc~nendation: APPROVAL
a. Application of Tidewater Havolube, Inc. for a ConditIonal Use
Permit for an autcmotive repair establishn~nt (quick lube), on
the southeast side of Lynnhaven Parkway, beginning at a point
685.17 feet northeast of the intersection with Holland Road,
containing 30,056 square feet, (Princess Anne Borough).
B~~endation: APPROVAL
b. Application of KDS O0~struction Oorporation for a Conditional
Use Permit for a s~ngle family d~ll ~n~ in the AG-1
~3ricultural District, 800 feet more or less east of Knotts
Island Road, begLnning at a point 5200 feet more or less north
of the Virginia-North Carolina State Line, contaxnLng 5.2
acres, (Pungo Borough).
Recc~m~ ndat ion: APPROVAL
c. Appllcatzon of Oourthouse ~ty United Methodist Church £or
a Conditional Use Permit for a church on the northeast side
of Princess Anne Road, beginning at a point 5000 feet more or
less northwest of North Landing Road, containing 7.02 acres,
(Princess Anne Borough).
Relation: D~%IIAL
d. Application of Margaret A. Drum1~F~, James L and Marguerite D.
Johnson, for a (hange of Zonin9 frc~ AG-2 Aqrlcultural District
to B-2 ~it¥-Buszness District on the south side of ~lpps
Corner Road, 440 feet more or less, east of Holland Road on
Lots 8 and 11, Shipps Bridge, containzng 8.4 acres, (Przncess
Anne Borough).
Reccnmnendation: D~N-IAL
I. ORDINANCE
1. Ordinance upon FIRST READ~ to appropriate for the Fiscal Year
beglnnning July 1, 1987, and ending June 30, 1988, in the sum of
Four Hundred Eighty-Four Mzlllon, Thirty Thousand, Nine Hundred
Seventy-Five ($484,030,975) Dollars, for opera~~ AND, Che
Hundred Sixty Million, Seven Hundred Seventy-Four ~aousand, E~ght
Hundred SLx ($160,774,806) Dollars in znterfund transfers and
regulating the payment of money out of the City Treasury, as
AND,
Ordinance upon FIRST READING establishing the tax levy on real
estate for tax FY-88.
AND,
Ordinance upon FLRST RFJkDING establishing the tax levy on personal
property ar~ machinery ar~ tools for the calendar year 1988.
AND,
Ordinance to AM~qD and R~ORENkIN Section 31-61 subparagraphs (a),
(b) and remove Section 31-61 subparagraph (c) of the Code of the
City of V~rginza Beach, Vlrgznla pertazning to the charge for
depositing solid waste at City P~fuse Disposal areas.
2. Ordinance authorizJung certazn char~es in ccmpe~tion for certain
City Council Appointees.
3. Ordinance to AM~qD and REORDAIN Section 2-81 of the Oode of the
City of Virgznla Beach, Virgznia, pertainzng to the removal of the
age 70 limit for all C~ty employees other than law enforc~nent
officers and fireflghters, and establishing a mandatory retirement
age of 65 for such offzcers and firefighters.
4. Ordinance granting a fr~se to Virginia Beach Fishing Pier, Inc.
and Virginia Beach Amusement Ccm~y to operate a fishing pier,
restaurant a~d assorted retail businesses at 15th Street on the
Oceanfront and authorizing the City Manager to enter into a
franchise ~]re~t w~th the franchisees.
J. RESOLUTION
1. Resolution authorizing the City Manager to enter znto a contract
for a group dental benefit plan for municipal employees for FY-88
with Prudential Insurance C~y of ~nerlca.
All matters listed under the Cbnsent A]enda are considered Ln the
ordinary course of bus~ness by City ~ouncll and will be enacted by one
motion zn the form listed. If an it~nn is rsmoved frcm the Oonsent
A~enda, it w~ll be discussed and voted upon separately.
1. RESOLUTION IN GRATITUDE
Dr. Edward E. Brickell
2. RESC~3J~ION IN ~TION
B. H. "Pat" Bridges, Jr.
3. Ordknance grantLng a franchise to Atlantic B~sort Associates (dba
Best Western Oceanfront/Beach Cabaret Cafe) to operate an Open
Air/~ Cafe', AND authorizing and dkrc~t~ng the City Manager
to execute a franchise agreement, subject to the cor~it~ons
contained and/or reference therein.
4. Ordinance to ~ and RMO~ Section 6-10 of the Code of the
C~ty of V~rgznia Beach, VirgLnia, pertaining to use of roller
skates, skat~oards, et cetera, on the boardwalk, grassy area,
bicycle path, oceanfront parks and plazas, public restroc~s, and
sidewalks adjacent thereto.
5. Ordinance to AM~qD and RMORINkIN Section 6-11 of the City Code of
the City of V~rginia Beach, Virginia, pertaining to driving motor
vehicles on the boardwalk or grassy area, bicycle path, ooeanfront
parks and plazas, and sidewalks adjacent thereto.
6. Ordinance to AM~qD and R~ORDAIN Section 6-116 of the Cbde of the
C~ty of Virgznia Beach, Virginia, pertaining to surfing generally.
7. Ordinance appointing view~rs in the petition of Robert ~erman and
Jack Jacobson for the closure of a portion of a 20 foot Lane, Block
10, east side of Parks Avenue, (Virginia Beach Borough).
8. Ordinance appointing view~rs in the petition of Richard C. Fentress
for the closure of a portion of Brian Avenue, (Bays~de Borough).
9. RAFFLE PERMIT
Leukemia Society of America
10. CERTIFICATE OF PUBLIC OONV~qIEbK~ AND N~CESSITY
Diamond Cab Omnpany
1. ARTS & ~3MANITIES O2MMISSION
2. EASTERN VIRGINIA MEDICAL AUTHORITY
3. FACT FINDING COb~ITrF~ - OCEAN LAKES
4. MOSQUITO CONTROL COMMISSION
5. SOCIAL SERVICES BOARD
6. SOJTHEASTERN VIRGINIA PLANNING DISTRICT CCMMI~ION
7. TIDB~U~TER CCI~43NITY COT,T,~E BOARD
M. UNFINIS~]ED BUSINESS
1. REOC~qSIDERATION: Ordinance for the dzscontinuance/closure/abandon-
ment of a portion of ~hc~pkins Lane kn the petition of Signet
Enterprises, Ltd. (Kempsvllle Borough). (Approved, subject to
Ccmpliance,on May 4, 1987).
VIRGINIA BEAC~ CITY OOJNCIL
F&)LIDAY/~I5~
SC~EDL~.F~ FOR
MAY 25, 1987
CANC~.~.RD
May 14
SPMCIAL FORMAL SESSION: SMOOND RFADING of
AppropriatIon Ordinances -
Council Chambers - 12 NOON
-12-
Item III-E.1.
MINUTES ITEM # 27396
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of May 11, 1987, as
AMENDED:
Item III-N.1, NEW BUSINESS ADD-ON, ITEM #27369
The City of Virginia Beach shall enter into an
agreement, for the acquisition of the 24th Street
Ocean Front Property, which shall, in part, be to
commit $1.8-Million toward the purchase price
providing that the Citizens Committee shall raise
$600,000 by September 1, 1987; AND, that the City
shall expend no funds until September 1, 1987.
Further that subsequent to September 1, 1987, the
City shall, until settlement date, oxpcn~ fund~
an agrsems~t--to--be--roasho~--bc-~woon +~ ....
ow~-r-+oh~-~itizens-C~mmlttoe and-tho City. expend
only such funds that shall be defined in an
Mgreement to be reached between the property
owners~ the Citizens Committee and the City. Such
agreement shall be entered mnto by the above
parties as soon as possible but in any event at
least one month prior to September 1~ 1987.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Harold Heischober, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Robert E. Fentress
May 18, 1987
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 11, 1987
The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Vice Mayor Meyera E. 0berndorf in the Conference Room, City Hall Building,
on Monday, May 11, 1987 at 12:10 P.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Vice Mayor Meyera E.
0berndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Absent:
Councilman John D. Baum
Mayor Robert G. Jones
Councilwoman Reba S. McClanan
ENTERED: 1:00 P.M.
ENTERED: 12:30 P.M.
ENTERED: 12:37 P.M.
-2-
CITY COUNCIL CONCERNS
ITEM # 27310
Vice Mayor 0berndorf distributed to Councilman Balko a pamphlet by the
Southeastern Public Service Authority relative oil changes. The stations in
this region who are collecting the oil and the run-off of water are registered
in the aforemetioned pamphlet. There are used oil and battery collection
centers all over Virginia Beach and the region.
ITEM # 27311
Vice Mayor Oberndorf also inquired relative a policy conceerning size and
placement of house numbers. The Rescue Squad and Fire Department had advised
uniform numbering would be most helpful in locating emergencies.
Councilman Moss also referenced this policy relative commercial establishments.
The City Staff will investigate and respond to City Council inquiries.
ITEM # 27312
Councilwoman Henley advised the HMP (Henley, McClanan and Parker) Committee met
last weekend. The Planning Commission is unable to meet the May deadline
relative the COMPREHENSIVE ZONING ORDINANCE. It will most probably be early
June before the Planning Commission acts on the CZ0.
ITEM # 27313
Councilwoman Henley referenced a letter from Mrs. Lillian B. Youell of the The
Historical Review Board which was included in City Council's Agenda Package.
The Board requested that their Consultant make a PRESENTATION to a JOINT
MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION concerning the Study,
FINAL REPORT AND DESIGN GUIDELINES. City Staff will also provide their
comments.
Vice Mayor 0berndorf requested a letter be DRAFTED by the Mayor and City
Manager acknowledging receipt of Mrs. Youell's request and explaining the
Council's circumstances.
The City Manager advised presentations by the State concerning the H0V Lanes
and the facility to be constructed at 1-64 and Indian River Road has been
SCHEDULED for the City Council Meeting of May 18, 1987, at 12:00 Noon. The
City Manager suggested the INFORMAL SESSION of June 1, 1987, for the
Hiistorical Review Board's Consultant.
ITEM # 27314
Councilman Moss and Councilman Fentress comprise a Mayor's Liaison Committee
with the Industrial Development Authority. Councilman Moss requested an
EXECUTIVE SESSION for an update report on thier considerations.
ITEM # 27315
Councilman Moss also requested time be alloted in a future (July or August)
INFORMAL SESSION for his proposal concerning DIRECT ELECTION OF THE SCHOOL
BOARD.
May 11, 1987
-3-
CITY COUNCIL CONCERNS
(Continued)
ITEM # 27316
Councilman Heischober referenced his reminder to City Council Members to "mark
their calendars" for the Groundbreaking of the VETERANS MEMORIAL followed by
a Luncheon at the Pavilion Towers SCHEDULED for Memorial Day, May 25, 1987.
Councilman Heischober will be Masters of Ceremonies. Invitations concerning the
exact times will be forwarded.
ITEM # 27317
Councilman Perry referenced Section 8 of the FY 1987-1988 BUDGET relative
reimbursement for mileage. Councilman Perry expressed concern on behalf of
members of the Citizen Advisory Commission who must report thier exact odometer
readings to and from the Citizen Adivsory Council Meetings in order to receive
reimbursements for mileage.
ITEM # 27318
Councilwoman Parker referenced an Ordinance to AMEND and REORDAIN Section 6-10
of the Code of the City of Virginia Beach, Virginia, pertaining to use of
roller skates, skateboards, et cetera, on the boardwalk, grassy area, bicycle
path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent
thereto. (See Item III-K.4 of the Consent Agenda). Councilwoman Parker received
a call from James Capps, President of the Virginia Beach Hotel/Motel
Association. The suggestion was to consider eliminating the use of skateboards
in the the area east of Pacific Avenue and also denote time limits of May First
through September Thirtieth.
Councilman Fentress also advised these aforementioned factors should be
addressed in connection with the Skateboard Ordinance.
ITEM # 27319
Vice Mayor Oberndorf expressed appreciation to the Arts & Humanities Commission
and the Friends of the Francis Land House and the Staff for the MOTHER'S DAY
Concert presented by the VIRGINIA BEACH CHAMBER POPS - Walter Noona, Conductor
and sponsored by the CONSTITUTION'S CELEBRATION COMMISSION. Vice Mayor
Oberndorf thanked Thomas Muehlenbeck, Aubrey Watts and Dean Block for their
attendance.
ITEM # 27320
Councilwoman Parker requested a major WORKSHOP on the SOUTHEASTERN FREEWAY be
SCHEDULED.
May 11, 1987
-4-
MATTERS BY MAYOR
ITEM # 27321
Mayor Jones advised at the end of each Agenda Preparation, the City Clerk will
submit a document to the Mayor illustrating a check has been made against the
Agenda for possible Conflicts of Interest. Any conflicts noted will be noted to
the Council Member as well as the Mayor.
ITEM # 27322
The Mayor advised he had discussed the TWENTY-FIFTH ANNIVERSARY COMMITTEE with
Chairwoman Nancy A. Creech. While Mrs. Creech has planned various forms of
celebration appropriate to the Twenty-fifth Annviversary of the City, she
wishes to have some specific direction from City Council. Discussion will be
SCHEDULED for the City Council Meeting of May 18, 1987.
May 11, 1987
-5-
ITEM # 27323
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
May 11, 1987, at 12:38 P.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy
K. Parker and John L. Perry
Council Members Absent:
John A. Baum and Reba S. McClanan
May 11, 1987
-6-
ITEM # 27324
Mayor Jones entertained a motion to permit City Council to conduct its
~CUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. ?ERSONN~L MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. ?UBLICL~ HELD PRO?F~T~: 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. LF~AL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council Agenda that were
discussed in Executive Session: III-H.2.c. and III-I.3
Upon motion by Councilman Moss, seconded by Vice Mayor 0berndorf, City Council
voted to proceed into F~CUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy
K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Reba S. McClanan
May 11, 1987
-7-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 11, 1987
2:15 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May 11,
1987 at 2:15 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Reverend Edward A. McLeod
Kings Grant Presbyterian Chruch
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 11, 1987
-8-
Item III-D.1.
PRESENTATION
ITEM # 27325
Bruce Edwards, Director of Emergency Medical Services, PRESENTED to the Mayor
and Members of Council THE GOVERNER'S AWARD FOR VOLUNTEERISM, bestowed to the
Volunteer Rescue Squads of Virginia Beach for OUTSTANDING ACHIEVEMENT.
This Award was PRESENTED for Volunteering Excellence at the Governor's Mansion
on April Twenty-sixth of this year. This award is the second PRESENTED to the
Volunteer Rescue Squads and the Rescue Squad Service in Virginia Beach. The
first award was presented in November 1986 by the Governor for the City's
agency being the OUTSTANDING EMS AGENCY in the COMMONWEALTH.
The Volunteer Rescue Squad responded to 18,648 calls in 1986. The response of
these individuals combined with training and other activities constituted
approximately 200,000 hours donated to the City, valued at $1.8 MILLION. In
addition, through fund drives, these individuals raised in excess of $400,000,
applied directly to the purchase of rescue units and equipment.
Elsie Benson, Chairman of the Council of Virginia Beach Rescue Squads and the
South Brigade Commander, was also in attendance and assisted in the
Presentation and expressed appreciation for all the support and personal
interest of the City Council.
May 11, 1987
-9-
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-E.1
ITEM # 27326
Councilwoman McClanan referenced the Application of Courthouse Community United
Methodist Church for a Conditional Use Permit for a church on the northeast
side of Princess Anne Road, beginning at a point 5000 feet more or less
northwest of North Landing Road, containing 7.02 acres, (Princess Anne
Borough). (See Item III-H.2.c of the PLANNING BY CONSENT).
Councilwoman McClanan wished this item moved forward for a possible DEFERRAL.
Item III-E.2
ITEM # 27327
Councilman Fentress referenced the Ordinance to AMEND and REORDAIN Section 6-10
of the Code of the City of Virginia Beach, Virginia, pertaining to use of
roller skates, skateboards, et cetera, on the boardwalk, grassy area, bicycle
path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent
thereto; AND, Ordinance to AMEND and REORDAIN Section 6-11 of the City Code of
the City of Virginia Beach, Virginia, pertaining to driving motor vehicles on
the boardwalk or grassy area, bicycle path, oceanfront parks and plazas, and
sidewalks adjacent thereto. (See Item III-K.4 and 5 of the CONSENT AGENDA).
These items will be pulled for a separate vote.
Item III-E.3.
ITEM # 27328
Councilman Baum referenced the addition of an item under UNFINISHED BUSINESS.
Item III-E.4
ITEM # 27329
Councilman Fentress advised he wished to add an item under NEW BUSINESS
relative the acquisition of the 24th Street Oceanfront property.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
May 11, 1987
-10-
Item III-F.1.
MINUTES ITEM # 27330
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of May 4, 1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
-11 -
Item III-G.1/2
PUBLIC HEARING
Mayor Robert G. Jones DECLARED A PUBLIC HEARING on the:
OPERATING BUDGET for the Fiscal Year July 1, 1987 - June 30, 1988.
REAL ESTATE TAX INCREASE - Effective July 1, 1987.
The following spoke concerning same:
Herb Taylor, 3325 Sandpiper Road, Phone: 426-7286, Treasurer of Council of
Civic Organizations, addressed the issues of Overtime, Other Charges, Cost
Reduction Targets, Quality Circles, Historical Bases, Increase in Personnel,
Sewer Connection Costs, Contracting Out, Annual Assessment, Percentage of
Personnel, Internal Investment Advisors, Cost of Rsearch, Building Maintenance
and 3% Across-the-Board Increase.
Rae H. LeSesne, 5325 Thornbury Lane, Phone: 497-8008, requested additional
attention to the areas concerning Community Development and the TARGET
NEIGHBORHOODS.
Louis Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925, advised the Military
should pay their fair share of the taxes in the City and the State. Louis Pace
also believed the City Employees should receive more than a 3% pay increase
and advised the City does not have the lowest tax rates in Tidewater.
There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC
HEARING.
May 11, 1987
-12-
Item III-H.l.a-e
PUBLIC HEARING
PLANNING
ITEM # 27332
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
a. MT. OLIVE BAPTIST CHURCH
CONDITIONAL USE PERMIT
b. JAMES A. AND MARY A. HAMEL
CHANGES OF ZONING
c. ROBERT E. HUDSON
CONDITIONAL USE PERMIT
PLANNING ITEMS
a. TIDEWATER HAVOLUBE, INC.
CONDITIONAL USE PERMIT
b. KDS CONSTRUCITON CORPORATION
CONDITIONAL USE PERMIT
c. COURTHOUSE COMMUNITY UNITED METHODIST
CONDITIONAL USE PERMIT
d. MARGARET A. DRUMMOND, JAMES R. AND
MARGUERITE JOHNSON
CHANGE OF ZONING
May 11, 1987
-13-
Item III-H.1.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27333
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
APPROVED in ONE MOTION Items III-F.l.a, III-F.l.b and III-F.l.c of the
PLANNING BY CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
-14-
Item III-F.l.a.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27334
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of MT. OLIVE BAPTIST CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MT. OLIVE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R05871036
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Oridnance upon application of Mt. Olive Baptist
Church for a Conditional Use Permit for a church
addition on the east side of North Birdneck Road,
240 feet more or less north of Virginia Beach
Boulevard. Said parcel is located at 310 North
Birdneck Road and contains 1.679 acrs. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A 4-foot right-of-way dedication along North
Birdneck Road, 50 feet from the centerline of the
exisiting 90-foot right-of-way, to provide for an
ultimate 96-foot right-of-way to acommodate the 4-
land divided arterial with bikeway (located along
the east side of the road) as per the Master Street
and Highway Plan and Bikeway Plan.
2. Vacation of existing internal lot line in order to
incorporate lots 11 and 12 into one building site.
3. Applicant must obtain, from the Board of Zoning
Appeals, a variance to the minimum lot area
requirement.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
May 11, 1987
-15-
Item III-H.l.a.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27334 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of May, Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COJNCIL SESSION:
Mt. Olive Bautlst (hurch
Conditional Use Permit
Church Addition
May 11, 1987
THE UNDERSIGNED fI~qER OR LEGAL REPRESENTATIVE FOR T~ ~R,
(or Agent for the Owner), HAS REVI~ THE C(I~DITIONS FOR APPROVAL
(RE~IPdSMENTS) R~C~ED BY THE VIRGINIA BEACH PLANNING C05~ISSION
TO THE VIRGINIA BEACH CITY CO3NCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFEREAK/ED APPLICATION FOR AMENEMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A four- (4) foot rzght-of-way dedication along North
Birdneck Noad, fifty (50) feet frcm the centerline of
the exmstzng nznty- (90) foot rzght-of-way, to provide
for an ultimate ninty-six- (96) foot right-of-way to
ac~ate the four- (4) lane divided arterial w~th
bikeway (located along the east side of the road) as per
the Master Street and H~ghway Plan and Bikeway Plan.
2. Vacation of existing internal lot line in order to
incorporate lots eleven (11) and t~lve (12) znto one
building szte.
3. Applicant must obtain, frcm the Board of Zoning Appeals,
a variance to the minimum lot area requirement.
Owner/Attorney/Agent
Date:
-16-
Item III-H.l.b.
PUBLIG HEARING
PLANNING BY CONSENT
ITEM # 27335
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED Ordinances upon application of JAMES A. AND MARY A. HAMEL for Changes
of Zoning.
ORDINANCE UPON APPLICATION OF JAMES A. AND MARY A.
HAMEL FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRICT TO
R-5 Z05871152
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of James A. and Mary A.
Hamel for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-5 Residential District on property located 600
feet north of Firefall Drive (formerly Old Dam Neck
Road) beginning at a point 760 feet more or less
east of Chaka Lane. Said parcel is located at 684
Firefall Drive and contains 1.32 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF JAMES A. AND MARY A.
HAMEL FOR A CHANGE OF ZONNING DISTRICT
CLASSIFICATION FROM AG-2 TO R-5 Z05871153
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of James A. and Mary A.
Hamel for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-5 Residential District on the north side of
Firefall Drive (formerly Old Dam Neck Road)
beginning at a point 760 feet more or less east of
Chaka Lane. Said parcel is located at 684 Firefall
Drive and contains 6.08 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
May 11, 1987
Item III-F.l.b.
-17-
PUBLIG HEARING
PLANNING BY CONSENT
ITEM # 27335 (Continued)
The following conditions shall be required:
1. The developer has agreed to disclose to potential
homeowners that the site is in close proximity to
the Hampton Raods Sanitation District Plant.
Prior to the changing of the official zoning maps, the
following requirements shall be met:
2. An 18-foot dedication of right-of-way, 33 feet from
the centerline of Firefall Drive (formerly 01d Dam
Neck Road) is required for an ultimate 66-foot
right-of-way to match the alignment set by the
Ocean Lakes Subdivision.
3. Utilization of BMP's which are reasonably
applicable to the development of the subdivision.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of May~ Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
James and Mary Hamel
Change of Zoning
Frcm AG-1 Agr lcult ural Di strict to
R-5 Residential Dzstrlct on property
located 600 feet north of Firefall Drive
(formerly Old Dam Neck Road), beginnkng
at a point 760 feet more or less east of
Chaka Lane. Parcel ~s located at 684
Firefall Dr ive. Parcels containing
1.32 acres and 6.08 acres.
May 11, 1987
THE UNDERSIGNED CWNER OR LEGAL REPRESENTATIVE FOR THE CWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUI~S) RECCMMSNDED BY THE VIRGINIA BEACH PLANNING CCMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS I/qEY APPLY TO THE REFERENCED APPLICATION FOR AM~qDM~qT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
AOCEPTS AND AGREES TO:
1. Disclosure to potential homeowners that this szte is mn
close proxzmity to the Hampton Roads Sanitation District
Plant.
Prior to the official changzng of the zoning maps:
e
An eighteen- (18) foot ded~catzon of right-of-way,
thzrty-three (33) feet frcm the centerlzne of F~refall
Drmve (formerly Old Dam Neck Road) is required for an
ultzmate s~xty-szx- (66) foot right-of-way to match the
almgnment set by the Ocean Lakes Subdivision.
·
Utzlizatlon of BMP's which are reasonably applicable to
the development of th~s subdlv~szon.
r/~tOrn
-18-
Item III-F.l.c
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 27336
Robert E. Hudson, the applicant, responded to City Council inquiries and
advised he was in the construction business and also operated a mobile
concrete company. His company employs 289 people. This Conditional Use Permit
is for the storage of outside equipment.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of ROBERT E. HUDSON for a Conditional Use
Permit.
ORDINANCE UPON APPLICATION OF ROBERT E. HUDSON FOR
A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
R05871037
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert E. Hudson for
a Conditional Use Permit for a bulk storage yard on
Lot 24, London Bridge Industrial Park. Said parcel
is located at 588 Central Drive and contains 2.38
acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. In addition to the landscaping shown on the site
plan, landscaping shall also be required in front
of the western fence line to screen the storage
area from view along Central Drive.
The 0W~ER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of May~ Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COJNCIL SESSION:
Robert E. Hudson
Conditional Use Permit
Bulk Storage Yard
May 11, 1987
THE UNDERSIGNED O~IER OR LEGAL REPRESENTATIVE FOR THE fillER,
(or Agent for the Owner), HAS REVI~ THE CONDITIONS FOR APPROVAL
(RSQUIPd~K~TS) RDC~ED BY THE VINSINIA BEACH PLANNING COmmISSION
TO THE VIRGINIA BEACH CITY COgNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEAIEMtlV~ TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
·
In addition to the landscaping shown on the site plan,
landscaping shall also be requzred zn front of the
western fence line to screen the storage area frcm view
along Central Drive.
Owner/Attorney/Agent
-19-
Item III-H.2.a.
PUBLIC HEARING
PLANNING
ITEM # 27337
Attorney R. J. Nutter, One Columbus Center, Tenth Floor, Phone: 490-6000,
represented the applicant and advised the applicant shall comply with the
City's Sign Ordinance.
Mac Ferguson, 1445 Alanton Drive, Phone: 481-1502, the applicant, advised City
Council relative the waste oil tanks with viewing wells around thattanks to
assure there are no leaks. There are rolling waste oil pans the go underneath
the car. These pans are connected by a piping system to underground storage
tanks. There are no floor drains inside the building. There are even
precautions below the waste oil pans on the catwalk to catch any drippage.
A letter of Agreement, dated April 13, 1987, allowing Tidewater Havolube, Inc.
to have a curb cut on DMK Associates Property (Toy Castle) at 1136 South
Lynnhaven Parkway, is hereby made a part of the proceedings.
Upon motion by Councilwoman McClanan seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of TIDEWATER HAVOLUBE, INC. (JOHN F.
MALBON & ROY M. FERGUSON) for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF TIDEWATER HAVOLUBE,
INC. (JOHN F. MALBON & ROY M. FERGUSON) FOR A
CONDITIONAL USE PERMIT FOR AUTOMOTIVE REPAIR
ESTABLISHMENT (QUICK LUBE) R05871038
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Havolube,
Inc. (John F. Malbon & Roy M. Ferguson) for
automobile repair establishment (quick lube) on
certain property located on the southeast side of
Lynnhaven Parkway beginning at a point 685.17 feet
northeast of the intersection with Holland Road.
Said parcel contains 30,056 square feet. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Entrance to this site shall be through the existing
curb cut on the adjacent Toy Castle site.
2. At time of subdivision of the property, or when
required by the City, a dedication of right-of-way,
in accordance with the Master Street and Highway
Plan, for a 6-lane divided roadway, 57 feet from
the centerline of the existing right-of-way along
Lynhaven Parkway. The 114-foot section is required
due to the existing referenced wide existing
median.
3. The natural buffer along the canal shall be
retained.
May 11, 1987
- 20 -
Item III-H.2.a.
PUBLIC HEARING
ITEM # 27337 (Continued)
4. The applicant shall build a auto repair
establishment on this site to handle auto oil
changes and lubrication services. There shall be
two service bays in the building.
5. The general hours of operation shall be from 7:00
A.M. to 7:00 P.M. Monday through Friday and 7:00
A.M. to 5:00 P.M. on Saturdays.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of May~ Nineteenth Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
- 21 -
Item III-H.2.b.
PUBLIC HEARING
PLANNING
ITFA~ # 27338
Herman Kenneth Smith, the applicant, responded to City Council's inquires.
Donald Trueblood, Chief Engineer, responded to City Council inquiries
concening nine (9) familes served by a one-vehicle "lane".
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of KDS CONSTRUCTION CORPORATION for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF KDS CONSTRUCTION
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A
SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL
DISTRICT R05871039
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of KDS Construction
Corporation (H. Kenneth Smith) for a Conditional
Use Permit for a single-family dwelling in the AG-1
Agricultural District on certain property located
800 feet more or less east of Knotts Island Road
beginning at a point 5200 feet more or less north
of the Virginia-North Carolina State Line. Said
parcel contains 5.2 acres. Plats with more
detailed information are available in the
Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. Adequate paved access to Knotts Island Road.
Roadway surface to be determined by the Public
Works Engineering Division.
2. The applicant must provide assurance to the
Department of Permits and Inspections indicating
that legal access to the site thru the existing
18-foot ingress/egress easement was obtained. This
verfication will be required prior to the issuance
of a building permit.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of May~ Nineteenth Hundred and Eighty-seven.
May 11, 1987
- 22 -
Item III-F.2.b.
PUBLIC HEARING
PLANNING
ITEM # 27338 (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
May 11, 1987
- 23 -
Item III-F.2.c.
PUBLIC HEARING
PLANNING
ITEM # 27339
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, requested DEFERRAL
until the City Council Meeting of June 1, 1987. A decision would be reached
whether or not to purchase said property.
The following registered in support of the application, but WAIVED their right
to speak:
Kenneth Hess, 2317 Enchanted Forest Lane, Phone: 468-3590
M. Douglas Newman, 4113 North Witchduck Road
Bruce D. Tuttle, 3205 Monet Drive, Phone: 427-3272
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of June 1, 1987, an Ordinance
upon application of COURTHOUSE COMMUNITY UNITED METHODIST 0HUROH for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF COURTHOUSE COM~4UNITY
UNITED METHODIST CHRUCH FOR A CONDITIONAL USE
PERMIT
Ordinance upon application of Courthouse Community
United Methodist Church for a Conditional Use
Permit for a church on certain property lcoated on
the northeast side of Princess Anne Road beginning
at a point 5000 feet more or less northwest of
North Landing Road. Said parcel contains 7.02
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
This Item was MOVED FORWARD on the Agenda.
May 11, 1987
- 24 -
Item III-F.2.d.
PUBLIC HEARING
PLANNING
ITEM # 27340
Attorney R. J. Nutter, One Columbus Center, lOth Floor, represented the
applicant and requested the application be referred back to the Planning
Commission for RECONSIDERATION of their recommended action. Facts warrant a
second review. The applicants have met with Staff and will meet with
representatives of the State on May 12, 1987. While Shipps Corner Road is
inadequate, the applicant has learned improvements for Dam Neck Road are
further down the road than they had anticipated which will eliminate the
problem on Shipps Corner Road between London Bridge and Holland Road. The
adjacent developers had given funds to the City for improvements to Shipps
Corner Road. The applicant has also discussed with City Staff the possiblity
of adding to this fund for improvements as well as dedications to result in an
improved Shipps Corner Road.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
REFERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application of
MARGARET A. DRUMOND, JAMES R. & MARGUERITE D. JOHNSON for a Change of Zoning
District Classification.
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMOND,
JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Margaret A. Drummond,
James R. & Marguerite D. Johnson for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on the south side of Shipps Corner Road,
440 feet more or less east of Holland Road on Lots
8 & 11, Shipps Bridge. Said parcel contains 8.4
acres. PRINCESS ANNE BOROUGH.
Councilman Baum requested the City Appraiser advise the best use of this land.
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
- 25 -
Item III-I.la.
ORDINANCE
ITEM # 2734
Councilman Moss reiterated his objection to the EXECUTIVE PAY PLAN which is
not being dealt with separately, but included within the ADOPTION of the
BUDGET and his reasons, in general, for opposition to the BUDGET. Councilman
Moss referenced the 36 positions comprised in the EX~.CUTIVE PAY PLAN and
objected to the Compensation range. Tidewater has below national average
income, below national average per capita and below national average cost of
housing. Councilman Moss believed Fairfax County would be a natural
competitive market as they have twice this City's Cost of Living. Councilman
Moss used Fairfax as a comparison to our City's Executive salaries, Cost of
Living (Housing) and Per Capital Income. The maximum salary for their Deputy
County Executive is $87,749.00. The City of Virginia Beach was recommending a
higher salary range for their Deputy City Manager. In all cases, Virginia
Beach's high salary exceeds the high salary in Fairfax County's Pay Plan.
The Compensation ranges are not supported by Market Analysis. Councilman
Moss recommended reducing Overtime by 10% and Travel by $144,000. Councilman
Moss read a statement citing his objections to the BUDGET.
Cuncilwoman McClanan cited her objections to the BUDGET, with particular
emphasis on the CLASSIFIED PAY PLAN. Councilwoman McClanan believed
Chesterfield County should have been used as a comparison. They appear to be
similar to Virginia Beach in their spending patterns. Councilwoman McClanan
believed the BUDGET should serve the citizens. The occurances of increases
relative the Water and Sewer Fund should be discussed thoroughly. Receipt by
the public of School, Fire and Police services should be evaluated concerning
response times and quality provided. Not just figures, but five and ten-year
projections should be provided relative items contained in the the BUDGET.
Vice Mayor 0berndorf advised the public relative the procedure of the BUDGET.
When the City Manager and his staff commenced internal hearings, a SCHEDULE
of each hearing was forwarded to all Members of Council who wished to
pariticipate or basically familiarize themselves with the requests. Upon
completion of the DRAFT of the BUDGET, copies were supplied, accompanied by
answers to approximately 100 questions by City Council. Vice Mayor Oberndorf
congratulated the Manager and his staff for their assimilation of the
information and background material. Vice Mayor 0berndorf advised she had
been informed by people moving from Fairfax they were not satisfied with the
planning of services provided. The City Manager has been requested to provide
information for Training and Conference Expenditures for next year's
Budgeting Process.
Mayor Jones advised the City's Budget was the 12th largest Municipal Budget
in the Country and comparable to the Budget of Dallas, Texas. The problem
seems to be one of procedure. The questions of policy should be investigated
before the City Manager begins the Budget Construction process.
Councilwoman Henley advised however, the BUDGET is the 12th largest in the
nation as the SCHOOL BUDGET is included within the CITY BUDGET.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to appropriate for the Fiscal Year
beginnning July 1, 1987, and ending June 30, 1988,
in the sum of Four Hundred Eighty-Four Million,
Thirty Thousand, Nine Hundred Seventy-Five
($484,030,975) Dollars, for operations AND, One
Hundred Sixty Million, Seven Hundred Seventy-Four
Thousand, Eight Hundred Six ($160,774,806) Dollars
in interfund transfers and regulating the payment
of money out of the City Treasury, as AMENDED.
May 11, 1987
- 26 -
Item III-I.la.
ORDINANCES
ITEM # 27341 (Continued)
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf,* Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss*
Council Members Abstaining:
Councilman Moss VERBALLY ABSTAINED pertaining to the
Instructor's Salaries contained in the School Board
Budget, as his wife is employed as a School Teacher
with the City of Virginia Beach.
Vice Mayor 0berndorf VERBALLY ABSTAINED on the Line
item dealing with the EVMS (Eastern Virginia Medical
School) as she has purchased bonds in the Medical
Authority.
Council Members Absent:
None
Items III-I.J.a/b/c/d were voted upon together.
May 11, 1987
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1987 AND ENDING JUNE 30,
1988, IN THE SUM OF FOUR HUNDRED EIGHTY-FOUR
MILLION, THIRTY THOUSAND, NINE HUNDRED
SEVENTY~FIVE DOLLARS ($484,030,975) FOR OPERATIONS
AND ONE HUNDRED SIXTY MILLION, SEVEN HUNDRED
SEVENTY-FOUR THOUSAND, EIGHT HUNDRED SIX DOLLARS
($160,774,806) IN INTERFUND TRANSFERS AND
REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore s,,bmitted to the Council an Annual
Budget for the city for the fiscal year beginning July 1, 1986, and ending
June 30, 1987, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating SIX HUNDRED FORTY-FOUR
MILLION, EIGHT HUNDRED FIVE THOUSAND, SEVEN HUNDRED EIGHTY-ONE DOLLARS
($644,805,781) consisting of ONE HUNDRED SIXTY MILLION, SEVEN HUNDRED SEVENTY-
FOUR THOUSAND, EIGHT HUNDRED SIX DOLLARS ($160,?74,806) in interfund transfers
and FOUR HUNDRED EIGHTY-FOUR MILLION, THIRTY THOUSAND, NINE HUNDRED SEVENTY-FIVE
DOLLARS ($484,030,975) for operations or so much thereof as may be necessary as
set forth in the Annual Budget for the fiscal year 1987-1988, are hereby
appropriated subject to the conditions hereafter set forth, for the year 1987-
1988, for the use of the several departments and specially designated funds of
the city government, and for the purpose hereafter mentioned, as set forth in
said Annual Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 1987 and ending June 30, 1988 as follows:
Item of Expenditure
GENERAL FUND
LEGISLATIVE DEPARTMENT:
01010 Municipal Council
01011 City Clerk
Total
EXECUTIVE DEPARTMENT:
02010 City Manager
02011 Public Information Office - Administration
02016 Public Information Office - Media Services
Total
LAW DEPARTMENT:
03010 City Attorney
FINANCE DEPARTMENT:
04001 Commissioner of the Revenue
04011 Board of Equalization
04012 City Real Estate Assessor
04020 Treasurer
Director of Finance:
04030 Administration
04033 Comptroller's Office
04034 Payroll
04035 Business License Audit
04051 Independent Financial Services
04040 Purchasing
Total
PERSONNEL DEPARTMENT:
05001 Administration
05002 Employee Relations
05003 Testing and Selection
05004 Wage and Salary
05005 Training
Total
JUDICIAL DEPARTMENT:
06011 Circuit Court
06016 General District Court
06017 Juvenile and Domestic Relations District Court
06018 Public Defender
06020 Commonwealth's Attorney
06021 Commonwealth's Attorney - Welfare Fraud
06022 Consumer Protection
06032 Sheriff's Office
06033 Court Support Services
06034 Correctional Operations
06041 Clerk of the Circuit Court
06134 Magistrates
Juvenile Probation:
06210 Management and Support
06211 Intake Unit
06212 Diversion Unit
06213 Field Units
Total
HEALTH DEPARTMENT:
07011 Preventive Medicine
07013 Occupational Health
07014 Maternal and Child Health Care
Budget
1987-1988
$ 354,169
225,620
$ 579,789
608,469
320,594
177,145
1,106,208
1,354,187
1,980,693
13,041
1,218,899
2,279,549
337,351
1,295,740
304,413
341,362
70,000
473,580
8,314,628
222,785
247,494
303,566
274,017
267,726
$ 1,315,588
178,519
45,370
32,610
10,300
1,437,006
60,018
160,456
776,768
407,740
3,667,268
426,085
11,718
647,677
408,981
302,575
852,015
$ 9,425,106
1,712,338
299,543
190,216
Total $ 2,202,097
Item of Expenditure
Budget
1987-1988
GENERAL FUND
SOCIAL SERVICES DEPARTMENT:
08010 Director of Social Services
08020 Public Assistance
08030 Hospitalization
7,132,271
2,688,396
736,800
Total
$ 10,557,467
POLICE DEPARTMENT:
Administration:
09010 Police Chief's Staff
09014 Planning and Analysis
09015 Personnel and Training
09017 Services
Uniform Division:
09011 Auxiliary Police
09020 Patrol and Administrative Support
09021S.P.O.T.
09027 Communications Division
09028 Investigative Division
09112 Animal Control
09213 Medical Examiner
2,166,485
450,327
677,664
1,998,265
54,348
14,591,137
3,920,066
2,547,865
2,775,346
880,375
8,119
Total
$ 30,069,997
PUBLIC WORKS DEPARTMENT:
Administration:
10010 Director's Office
10011 Real Estate Office
10012 Business Office
Highway Division:
10110 Administration
10111 Inspections
10113 Street Maintenance
10114 Drainage Maintenance
10115 Bridge Maintenance
Engineering Division:
10210 Administration
10211 Plan Review
10212 Surveying
10213 Mapping
10214 Drafting
10215 Waterfront Operations/Inspections
10216 Special Projects
10217 Building Construction
Traffic Engineering Division:
10250 Administration
10251 Signal Operations
10252 Signs and Markings
10253 Design and Plan Review
Solid Waste Division:
10310 Solid Waste Administration
10311 Refuse Disposal
10312 Refuse Collection
10313 Sanitation Inspections
10314 Transfer Station
10520 Back Bay Salt Water Project
235,483
383,141
196,814
750,195
1,149,962
5,706,893
2,071,786
1,349,118
322,605
446,654
822,514
771,103
319,686
204,116
329,039
366,406
399,348
1,591,641
1,264,852
4,314,483
292,106
4,986,356
9,021,661
277,978
0
37,242
Total
$ 37,611,182
PARKS AND RECREATION DEPARTMENT:
11010 Director of Parks and Recreation
Parks and Maintenance:
11011 Administration
11012 Construction and Maintenance
11022 Parks and Beaches
Recreation:
11035 Owl Creek Municipal Tennis Center
11070 Virginia Beach Community Center - Kempsville
11071 Bow Creek Community Center
11072 Seatack Community Center
$ 418,950
200,605
2,786,358
1,231,600
29,700
1,092,938
276,836
37,189
Item of Expenditure
GENERAL FUND
PARKS AND RECREATION DEPARTMENT: (concluded)
Recreation: (concluded)
11080 Administration
11081 Adult Activities
11082 Youth Activities
11083 Athletics
11084 Shakespeare Festival Program
11085 Therapeutic Program
11086 Parks and Recreation Programs - Self-Supporting
Total
LIBRARY DEPARTMENT:
Administration:
12010 Administration
Public Services:
12012 Great Neck Area Library
12013 Bayside Area Library
12014 Oceanfront Area Library
12015 Kempsville Area Library
12016 Windsor Woods Area Library
12018 Extension Services
12019 Special Services
12023 Central Library
12026 Municipal Reference
Collection Management and Automated Services:
12020 Cataloging and Processing
12024 Automated Services
12025 Collection Mangement
Total
PLANNING DEPARTMENT:
13010 Management and Support
13011 Comprehensive Planning
13012 Operations
Total
AGRICULTURE DEPARTMENT:
14001 Administration
14010 VPI Extension Services
14110 Farmers' Market
14120 Environmental Services
Total
DEPARTMENT OF ECONOMIC DEVELOPMENT:
15010 Director of Economic Development
15210 Civic Center
15214 Tourist Development
15215 Industrial Development
15216 Convention Promotion
15217 Pavilion
15218 Parking Lots
Total
DEPARTMENT OF GENERAL SERVICES:
Administration:
16010 Director of General Services
16011 Employee Safety
16012 Francis Land House
Building Maintenance:
16020 Management and Support
16021 Electrical
16022 Heat and Air Conditioning
16023 General Maintenance
16024 Custodial
Budget
1987-1988
511,233
452,011
769,237
396,800
70,675
396,015
29,600
$ 8,699,747
$ 407,378
315,378
289,570
245,421
313,809
282,201
228,955
181,254
1,363,774
120,747
608,266
220,201
1,635,494
$ 6,212,448
438,697
438,277
565,669
$ 1,442,643
160,443
207,237
182,485
85,471
$ 635,636
255,018
46,080
2,352,307
636,094
463,794
1,330,713
26,320
$ 5,110,326
182,482
158,674
91,211
4,161,518
462,097
731,633
1,794,790
2,051,753
Item of Expenditure
GENERAL FUND
DEPARTMENT OF GENERAL SERVICES: (concluded)
Landscape Division:
16031 Administration
16032 Grounds Maintenance
16033 Beautification
16034 Clean Community
16035 Beach Maintenance
16036 Street Cleaning
16040 Mail Distribution
Total
BOARDS AND COMMISSIONS:
17010 General Registrar
Mosquito Control Commission:
17060 Kempsville/Bayside
17061 Princess Anne
17062 Virginia Beach/Lynnhaven
17110 Zoning Board of Appeals
17120 Arts and Humanities Commission
17130 Mass Transit Operations
17140 Wetlands Board of Virginia Beach
17150 Department Volunteer Council
17160 Erosion Commission
Joint Cable Center:
17170 Joint Cable Production
17171 Municipal Video Production
Total
NON-DEPARTMENTAL:
18010 Contributions
FIRE DEPARTMENT:
19001 Administration
19010 Fire Prevention
19020 Fire Suppression
19021 Fire Training
19024 Forestry
Total
DEPARTMENT OF DATA PROCESSING:
21001 Administration
21004 Systems and Programming
21007 Computer Operations
21010 Records and Micrographics
Total
DEPARTMENT OF PERMITS AND INSPECTIONS:
22010 Administration
22012 Housing Code Enforcement
22013 Building Inspections
22014 Zoning Code Enforcement
22015 Weights and Measures
Total
DEPARTMENT OF MENTAL HEALTH:
23001 Board Office
Comprehensive Mental Health:
23002 Program Clinical Support
23003 Geriatric Services
23004 Outpatient Services
23005 Community Rehabilitation
23006 Emergency Services
23007 Child and Youth Services
23017 Older Adults Day Treatment
23913 Child and Youth ~)ay Treatment
Budget
1987-1988
468,948
2,313,763
1,390,266
42,570
381,075
312,807
192,309
$ 14,735,896
$ 456,792
578,430
488,221
552,997
20,952
364,637
650,000
14,622
34,965
1,875,590
184,696
146,462
$ 5,368,364
$ 1,131,236
545,848
1,117,450
13,276,499
446,021
12,102
$ 15,397,920
388,476
1,352,030
2,462,824
334,558
$ 4,537,888
539,782
352,736
1,002,124
338,917
120,664
$ 2,354,223
$ 265,875
308,177
129,495
438,461
802,155
540,518
482,676
75,345
101,795
Item of Expenditure
Budget
1987-1988
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
11030 Red Wing Golf Course
11031 Bow Creek Golf Course
11032 Kempsville Greens Golf Course
617,852
462,494
440,422
Total
$ 1,520,768
$ 126,000
$ 18,659
$ 1,665,427
90000 TRANSFERS TO OTHER FUNDS
80000 RESERVE FOR CONTINGENCIES:
Salary
TOTAL GOLF COURSE ENTERPRISE FUND
MARINE SCIENCE MUSEUM GIFT SHOP ENTERPRISE FUND
OFFICES:
27011 Marine Science Museum Gift
Shop
$ 210,347
90000 TRANSFERS TO OTHER FUNDS
$ 0
$ 210,347
TOTAL MARINE SCIENCE MUSEUM GIFT SHOP ENTERPRISE FUND
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
Administration
Instruction
Attendance and Health
Pupil Transportation
Maintenance and Operation
Fixed Charges
Summer School
General Adult Education
Other Educational Programs
Capital Outlay
2,445,593
125,958,854
2,799,456
7,133,603
20,366,487
36,689,533
453,821
389,180
633,682
3,025,565
TOTAL EDUCATION
$ 199,895,774
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
12011 Law Library
$ 117,580
80000 RESERVE FOR CONTINGENCIES:
Salary
$ 2,023
$ 119,603
TOTAL LAW LIBRARY FUND
GENERAL DEBT FUND
70010 Debt Service
$ 39,235,940
COMMUNITY DEVELOPMENT FUND
COMMUNITY DEVELOPMENT:
02813 Community Development Administration
02833 Rehabilitation Administration
02843 Housing Counseling
497,147
258,923
45,561
Total
801,631
14,595
816,226
80000 RESERVE FOR CONTINGENCIES
Salary
TOTAL COMMUNITY DEVELOPMENT FUND
Item of Expenditure
GENERAL FUND
DEPARTMENT OF MENTAL HEALTH: (concluded)
Mental Retardation/Developmental Disabilities
23008 Program Support
23009 Residential Services
23010 Adult Services
23014 Transportation Program
23015 Respite Care Program
23016 Infant Stimulation Program
23019 Transitional Living Program
Comprehensive Substance Abuse:
23011 Substance Abuse Services
23013 Substance Abuse Outpatient Services
23908 Alcohol Detoxification
23909 Intensive Services
Total
OFFICES:
24010 Information Systems Coordinatxon Office
25010 Office of Emergency Services
26010 Division of Emergency Medical Services
27010 Virginia Museum of Marine Science
28010 Office of Research and Strategic Analysis
29010 Office of Budget and Evaluation
30010 Resort Programs Office
Total
90000 TRANSFERS TO OTHER FUNDS:
80000 RESERVE FOR CONTINGENCIES:
Regular
Salary
Service Awards
Environmental
Total
TOTAL GENERAL FUND
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES:
20010 Director's Office
20011 Engineering
20016 Water Production/Resources
20017 Water Purchase
20030 Operations Administration
20031 Water Distribution
20032 Water Production
20041 Sewer Collection
20042 Sewer Pump Stations
20050 Customer Services
Total
70010 REVENUE BOND DEBT SERVICE
90000 TRANSFER TO OTHER FUNDS
80000 RESERVE FOR CONTINGENCIES
Regular
Salary
Total
TOTAL WATER AND SEWER FUND
Budget
1987-1988
299,095
166,560
366,249
115,859
98,074
104,528
60,410
412,416
583,815
313,355
183,174
$ 5,848,032
$ 498,669
99,055
914,916
976,155
473,977
576,536
561,187
$ 4,100,495
$ 154,076,902
575,700
3,600,000
400,000
100,000
4,675,700
336,863,705
342,529
2,795,311
313,673
8,315,100
776,543
2,193,649
1,501,788
2,091,586
3,154,698
4,060,657
25,545,534
10,320,005
6,571,904
$ 713,964
376,785
$ 1,090,749
$ 43,528,192
Item of Expenditure
GRANTS CONSOLIDATED FUND
COMMUNITY DEVELOPMENT:
02914 Section 8 Housing
JUDICIAL DEPARTMENT:
06810 Residential Center
06812 Community Diversion
06813 Case Management
06814 Community Service Coordinator
Total
80000 RESERVE FOR CONTINGENCIES:
Salary
TOTAL GRANTS CONSOLIDATED FUND
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
06702 Pendleton Child Service Center
80000 RESERVE FOR CONTINGENCIES
Salary
TOTAL PENDLETON CHILD SERVICE CENTER FUND
TIDEWATER VIRGINIA ASAP FUND
JUDICIAL DEPARTMENT:
06916 Tidewater Virginia ASAP
80000 RESERVE FOR CONTINGENCIES:
Salary
TOTAL TIDEWATER VIRGINIA ASAP FUND
FIRE PROGRAMS FUND
FIRE DEPA~RTMENT:
Fire Programs
MH/MR CONTRACTUAL SERVICES FUND
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
23500 Contractual Services
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
12090 School Construction
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
10110 Highway Construction
ENGINEERING AND HIGHWAYS REVENUE SHARING CAPITAL PROJECTS FUND
COMMUNITY DEVELOPMENT:
Community Development
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
POLI CE DEPARTMENT
09027 Communications
DEPARTMENT OF GENERAL SERVICES:
16020 Building Construction
TOTAL BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
Budget
1987-1988
83,399
85,387
50,103
203,764
214,886
$ 554,140
$ 10,167
$ 647,706
$ 817,317
$ 20,005
$ 837,322
$ 539,957
$ 11,743
$ 551,700
$ 117,000
$ 1,231,880
$ 3,282,760
$ 10,433,010
$ 2,000,000
$ 1,300,000
$ 69,189
$ 1,369,189
Item of Expenditure
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF PUBLIC UTILITIES:
20060 Water Construction
20060 Sewer Construction
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND
TOTAL BUDGET
Less: Interfund Transfers
Budget
1987-1988
$ 1,000,000
1,000,000
$ 2,000,000
$ 644,805,781
160,774,806
NET BUDGET $ 484,030,975
Section 2. Sub0ect to the provisions of Chapter 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of permanent positions, shall be the maximum number of positions
authorized for the various departments of the city during said fiscal year except
changes or additions authorized by the Council and as hereinafter provided. The
City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not
exceed the respective appropriations made therefor. The City Manager is
authorized to make such rearrangements of position s within and between bureaus,
divisions, and departments named herein, as may best meet the uses and interests
of the city.
Section 3. All collection of delinquent city taxes shall be credited to the
General Fund of the city by the Treasurer.
Section 4. Ail collections of local taxes levied shall be credited to the
General Fund of the city. Transfers shall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section 5. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1988, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1988. However,
there shall be retained in the General Fund Surplus, an undesignated amount not
less than the range of seventy-five (75) to one hundred (100) percent of the
budget for city and school debt service payments for that fiscal year for
contingencies and emergency situations and not to be used to support
appropriations approved in the ordinance for the fiscal year beginning July 1,
1988, except upon subsequent authorization by City Council.
Section 6. No department or agency for which appropriations are made under
the provisions of this Ordinance shall exceed the amount of the appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each operating
appropriation unit included in this Ordinance and does not apply to Interfund
Transfers.
The City Manager or the Assistant City Manager for Analysis and Evaluation
is hereby authorized to approve transfers for appropriations within any
department or between departments ~n an amount not to exceed $10,000 in any
single transaction, and is further authorized to approve transfers and
expenditures from the Reserve for Contingencies in an amount not to exceed
$10,000 in any single transaction except as herein provided. The City Manager
may limit expenditures to the classes of appropriations as set forth in the
budget document or as required by the State Auditor of Public Accounts if such
requirements are different from the classes shown in the budget document. In
addition, the City Manager may transfer appropriations from Reserve for
Contingencies, in amounts necessary, for salary adjustments approved by City
Council.
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of the C~ty Government or the former
political subdivisions of Virginia Beach and Princess Anne County.
Section 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the city departments, bureaus, or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty-one cents ($.21) per mile of actual travel for the
first 15,000 miles and eleven cents ($.11) per mile for additional miles of such
use within the fiscal year.
Section 9. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals, and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-sum"
amounts, including payments to employees of the School Board.
Section 10. That this Ordinance shall be ~n effect from and after the date
of its adoption.
Section 11. That if any part or parts, section or sections, sentences,
cla-se, or phrase of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance.
First Reading: May 11, 1987
Second Read~ng:
Adopted by the Council of the c~ty of V~rginia Beach, Virginia, on the
day of , 1987.
- 27 -
Item III-I.l.b
ORDINANCES
ITEM # 27342
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance establishing the TAX LEVY on REAL ESTATE
for tax FY-88.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
Items III-I.l.a/b/c/d were voted upon together.
May 11, 1987
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1988
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1988 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, at the rate of eighty-seven and seven-tenths cents ($.877)
on each one hundred dollars ($100) of assessed valuation thereof. The real
property tax rates which have been prescribed in this section shall be applied on
the basis of one hundred percentum of the fair market value of such real property
except for public service real property which shall be on the basis as provided
in Section 58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for fiscal year
1988, taxes on all real estate certified by the Commonwealth of Virginia as
"Certified Pollution Control Equipment and Facilities" not exempt from taxation,
at the rate of eighty-seven and seven-tenths cents ($.877) on each one hundred
dollars ($100) of assessed valuation thereof. The real property tax rates
imposed in this section shall be applied on the basis of one hundred percentum of
fair market value of such real property.
Section 3. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of it8 adoption.
First Reading: May 11, 19~7
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of , 1987.
- 28 -
Item III-I.l.c.
ORDINANCES
ITEM # 27343
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance establishing the tax levy on PERSONAL
PROPERTY and MACHINERY and TOOLS for the Calendar
Year 1988.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
Items III-I.l.a/b/c/d were voted upon together.
May 11, 1987
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1988.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988, taxes on all tangible personal property, not exempt from
taxation and not otherwise provided for in this Ordinance, at the rate of three
dollars, eighty cents ($3.80) on each one hundred dollars (~100) of assessed
valuation thereof.
In accordance with Section 58.1-3504 for the Code of Virginia (1950), as
amended, certain household goods and personal effects as defined therein shall be
exempt from taxation.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL
PROPERTY USED AS MOBILE HOMES.
In accordance with Section 58.1-3506 (A)(8) of the Code of V~rginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all vehicles without motor power used or designated
to be used as mobile homes, at the rate of eighty-seven and seven-tenths cents
($.877) on each one hundred dollars ($100) of assessed valuation thereof.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR
MORE.
In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all boats or watercraft weighing five tons or more at
the rate of one dollar, fifty cents ($1.50) on each one hundred dollars ($100) of
assessed valuation thereof.
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
in accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all tangible personal property certified by the
Commonwealth of Virginia as "Certified Pollution Control Equipment and
Facilities" not exempt from taxatlon~ at the rate of three dollars, eighty cents
($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
Section 5. AMOUNT OF LEVY ON FARM MACItINERY AND IMPLEMENTS~ FARM TOOLS; AND
FARM LIVESTOCK~ INCLUDING ALL HORSES, POULTRY? AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
In accordance with Section 58.1-3505 of the Code of Virginia (1950), as
amended~ there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all farm machinery and implements, farm tools, and
farm livestock, including all horses~ poultry, and grains and feeds used for the
nurture of farm livestock and poultry~ not exempt from taxation, at the rate of
one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
In accordance with Section 58.1-3507 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on machinery and tools~ not exempt from taxation~ at the
rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 7. AMOUNT OF LEVY ON AIRCRAFT.
In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia
(1950), as amended, there shall be levied and collected for general purposes for
the calendar year 1988 taxes on all aircraft at the rate of three dollars~ eighty
cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
Section 8. AMOUNT OF LEVY ON ANTIgUE AUTOMOBILES.
In accordance w~th Section 58.1-3506 (A)(4) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all antique automobiles at the rate of three dollars,
eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all heavy construction equipment at the rate of three
dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
PERSONAL PROPERTY.
In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all research and development tangible personal
property, not exempt from taxation, at the rate of one dollar ($1) on each one
hundred dollars ($100) of assessed valuation thereof.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all energy conversion equipment at the rate of one
dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all computer hardware used by businesses primarily
engaged in providing data processing services to other nonrelated or
nonaffiliated businesses, not exempt from taxation, at the rate of three dollars,
eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT
USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1988 taxes on all privately owned pleasure boats and watercraft use
for recreational purposes only, at the rate of one dollar and fifty cents ($1.50)
on each one hundred dollars ($100) of assessed valuation thereof.
Section 14. ASSESSED VALUE DETERMINATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1950), as
amended, personal property mentioned in the above sections shall be assessed at
actual fair market value, to be determined by the Commissioner of Revenue for the
city of Virginia Beach.
Section 15. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 16. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1988.
First Reading: u.~. 1! 1QR7
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of , 1987.
- 29 -
Item III-I.d.
ORDINANCES
ITEM # 27344
Upon motion by Councilman Heischober, seconded by Councmlman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 31-61
subparagraphs (a), (b) and remove Section 31-61
subparagraph (c) of the Code of the City of
Virginia Beach, Virginia, pertaining to the charge
for depositing solid waste at City Refuse Disposal
areas.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
Items III-I.l.a/b/c/d were voted upon together.
May 11, 1987
AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61
SUBPARAGRAPHS (a), (b) AND REMOVE SECTION 31-61
SUBPARAGRAPH (c) OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA PERTAINING TO THE
CHARGE FOR DEPOSITING SOLID WASTE AT CITY
REFUSE DISPOSAL AREAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT SECTION 31-61 SUBPARAGRAPHS (a), (b) AND (c) ARE HEREBY AMENDED AND
REORDAINED AS FOLLOWS:
Section 31-61. Use Char~es.
(a) There shall be a fee of ~i-rt~-~m twenty-three dollars
($t~r5~ $23.00) per ton, or a f-~r thirteen dollar (~;-~)~ $13.00) m~nimum charge
for less than one ton, or any part thereof, for all sanitary solid waste, refuse,
debris or garbage generated solely within the city and deposited at the city
refuse disposal areas; provided, however, that residents of the city depositing
sanitary solid waste, refuse, debris or garbage generated solely from their
households may deposit the same free of charge.
(b) There shall be a fee of seventy-five cents ($0.75) per tire for cutting
and disposing of tires at the city refuse disposal areas. ~-~-~i-r~-~r~-t~re
~~t~-bT-t~-~i-eyr--T-~-~-~-i-~-a~-ri-~-t~-t~-~a~i-~l--~e~-c+ra~-a~
This ordinance shall be effective on July 1, 1987.
Adopted by the City Council of the City of Virginia Beach on the day
May
of 1987.
- 30 -
Item III-I.2.
ORDINANCES
ITEM # 27345
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance authorizing certain changes in
compensation for certain City Council Appointees.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. 0berndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
May 11, 1987
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
AN ORDINANCE AUTHORIZING CERTAIN
CHANGES IN COMPENSATION FOR
CERTAIN CITY COUNCIL APPOINTEES
WHEREAS, City Council desires to make certain changes
in compensation for certain City Council appointees; and
WHEREAS, these changes in compensation will require
additional funds in salaries and fringe benefits for those
positions affected.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the following changes in compensation for Council
appointees are hereby approved:
1. City Assessor - Annual salary increased by
five percent (5%) effective January 1, 1987
2. City Attorney - Annual salary increased by
three percent (3%) effective January 1, 1987
3. City Clerk - Annual salary increased by three
percent (3%) effective January 1, 1987.
BE IT FURTHER ORDAINED that funds are available in the
1986-87 Budget.
This Ordinance shall be retroactive to January 1, 1987.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of May , 1987.
JDB/cb
5/5/87
- 31 -
Item III-I.3
ORDINANCES
ITEM # 27346
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-81 of the
Code of the City of Virginia Beach, Vmrginia,
pertaining to the removal of the age 70 limit for
all City employees other than law enforcement
officers and firefighters, and establmshing a
mandatory retirement age of 65 for such officers
and firefighte{s.
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. 0berndorf, Nancy X. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-81 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO MANDATORY RETIREMENT
AGE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11
12
13
14
15
16
17
18
19
2O
21 Virginia, on the llth day of May
That Section 2-81 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 2-81. Mandatory retirement age.
Unless otherwise provided by state or federal statute,
eo~ncEE? no firefi~hter or law enforcement officer, as defined by
the Federal Age Discrimination in Employment Amendments of 1986,
shall be employed after the end of the month in which he or she
attains age sevenb~-f~8~rsixty-five (65).
This Ordinance shall become effective July 1, 1987.
Adopted by the Council of the City of Virginia Beach,
, 1987.
22
23 RMB/lmt/epm
24 02/02/87
25 04,'28/87
26 CA-86-02139
27 (ordin~proposed\02-081.pro)
6.PPROVED AS TO CONTENT
.~,.~ ,~,, UP, E
- 32 -
Item III-I.4
ORDINANCES
ITEM # 27347
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Perry, City
Council ADOPTED, AS AMENDED*:
Ordinance granting a franchise to Virginia Beach
Fishing Pier, Inc. and Virginia Beach Amusement
Company to operate a fishing pier, restaurant and
assorted retail businesses at 15th Street on the
Oceanfront and authorizing the City Manager to
enter into a franchise agreement with the
franchisees.
*The City shall use best efforts to assure there is additional firework
displays for the ensuing three years.
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
May 11, 1987
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE GRANTING A FRANCHISE
TO VIRGINIA BEACH FISHING PIER,
INC. AND VIRGINIA BEACH AMUSEMENT
COMPANY TO OPERATE A FISHING PIER,
RESTAURANT AND ASSORTED RETAIL
BUSINESSES AT 15TH STREET ON THE
OCEANFRONT AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A FRANCHISE
AGREEMENT WITH THE FRANCHISEES
WHEREAS, Virginia Beach Fishing Pier, Inc. and Virginia
Beach Amusement Company (Franchisees) have successfully operated
15 a fishing pier, restaurant and assorted retail businesses at 15th
16 Street on the oceanfront since May of 1962 pursuant to a
17 franchise granted by City Council for a term of twenty years and
18 renewed in May of 1982 for a term of five years; and
19 WHEREAS, Franchisees have indicated their desire to
20 continue to operate the pier franchise; and
21 WHEREAS, in anticipation of the expiration of the
22 current franchise in May of 1987, the Resort Area Advisory
23 Commission appointed a subcommittee to review the current
24 franchise operation and to make recommendations to City staff;
25 and
26 WHEREAS, after a thorough review of the current
27 franchise operation and mature consideration of the City's best
28 interests, the subcommittee recommended the grant of a short-term
29 franchise to the current Franchisees; and
30 WHEREAS, City staff (Resort Programs Office) reviewed
31 the subcommittee's recommendations and agreed with the substance
32 of those recommendations; and
33 WHEREAS, City staff have met with Franchisees on
34 several occasions during the past three months to negotiate an
35 agreement that would be in the best interests of the City and
36 Franchisees; and
37 WHEREAS, City staff have prepared such an agreement
38 and are satisfied that the terms and conditions of same
39 adequately protect the interests of all parties concerned; and
40 WHEREAS, City Council is satisfied, based on the study
41 and recommendations of the Resort Area Advisory Commission
42 subcommittee and the Resort Programs Office, and on the past
43 successful operation of Franchisees, that the grant of a short-
44 term franchise to the current Franchisees would be in the best
45 interests of the City.
46 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
47 CITY OF VIRGINIA BEACH, VIRGINIA:
48 That a Franchise is hereby granted to Virginia Beach
49 Fishing Pier, Inc. and Virginia Beach Amusement Company to
50 operate a fishing pier, restaurant and assorted retail businesses
51 at 15th Street on the oceanfront for a term of three (3) years,
52 commencing on May 14, 1987 and ending on May 13, 1990, and that
53 the City Manager is authorized to enter into a Franchise
54 Agreement with the Franchisees the terms and conditions of which
55 shall be strictly adhered to as a condition of the continued
56 existence of the Franchise granted herein.
57 Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the 11
59
60 RMB/epm
61 04/29/87
62 CA-02254
63 \ordin\proposed~pier.pro
day of May
, 1987.
THIS AGREEMENT, Made this day of , 1987, by
and between the CITY OF VIRGINIA BEACH, a municipal corporation,
of the Commonwealth of Virginia, party of the first part,
hereinafter referred to as "City," and VIRGINIA BEACH FISHING
PIER, INC., a Virginia stock corporation, owner and operator of &
wooden fishing pier structure which projects into the waters of
the Atlantic Ocean at 15th Street in the City of Virginia Beach,
Virginia, and VIRGINIA BEACH AMUSEMENT COMPANY (also known as
Virginia Beach Fishing Pier and Amusement Co.), a Virginia
general partnership, which owns certain real property located at
15th Street and Atlantic Avenue in Virginia Beach, Virginia, both
companies hereinafter collectively referred to as "Grantee,"
WITNESSETH :
WHEREAS, Grantee and/or its predecessor in title has
operated a pier at the aforementioned location since May 14, 1962
pursuant to a Franchise granted by the City Council for a term of'
twenty (20) years; and I
WHEREAS, by agreement of the parties hereto, said Franchise
was extended for a term of five (5) years, until May 13, 1987;
and
WHEREAS, Grantee has applied to the City for a Franchise
granting unto it the right to continue to operate a pier at the
aforementioned location, hereinafter referred to as "Premises,"
across property dedicated to the City as a public recreation
easement and to that end represents that it will comply with all
·
applicable statutes, ordinances, rules, and regulations of the
1
Federal government, the Commonwealth, the City, or any
appropriate board, committee, agency, and/or commission thereof;
and
WHEREAS, the City has determined that the grant of said
Franchise to Grantee is in the best interest of the City and
would serve to promote the public interest and welfare;
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants set forth herein, and for other valuable
consideration, the parties do hereby agree as follows:
1. Franchise conditions
It is expressly agreed and understood by Grantee that the
grant of the Franchise is conditioned upon Grantee's compliance
with the aforementioned statutes, ordinances, rules, and
regulations, and with the terms and conditions of this Agreement.'
2. Invitation to bid and bid I
Except to the extent amended herein, the parties acknowledge'
and agree to be bound and obligated by the terms, conditions,
limitations, rights, and duties stated in the invitation to bid
and the bid (hereinafter called "Franchise") contained in the
minutes of the City Council for the City of Virginia Beach on May
14, 1962, a copy of which is attached hereto and made a part
hereof as if fully stated herein and is marked "Exhibit A."
3. Grant of Franchise
Subject to the provisions of paragraphs 1 and 2 above, and
to any other condition imposed by this Agreement, the City does
hereby grant the Franchise to Grantee to operate a pier at 15th
DRAFT
Street on the oceanfront in the City Virginia Beach for a term of
three (3) years, commencing on May 14, 1987 and ending at
midnight on May 13, 1990.
4. Franchise fee
a. Grantee shall pay the City a Franchise fee in the
amount of $14,000 per year to be paid according to the following
schedule:
25% on or before May 15 of each year;
25% on or before June 15 of each year;
25% on or before July 15 of each year; and
25% on or before August 15 of each year.
The failure of Grantee, for any reason, to pay the
Franchise fee in full according to the above schedule shall
constitute grounds for the immediate cancellation of this
Franchise and forfeiture of any rights conferred upon Grantee by
this Franchise. The City may, but shall not be required to,
extend the period of time within which payment of the aforesaid
Franchise fee shall be tendered or may, in lieu of any other
remedy, treat this Agreement as remaining in full force and
effect and avail itself of any and all lawful means of collecting
such Franchise fee.
b. In the event of the cancellation of this Agreement
or the termination of the Franchise granted hereunder prior to
the expiration of its stated term for any reason no portion of
any monies paid by or on behalf of Grantee on account of
Franchise fees shall be refundable.
DRAFT
5. Compliance with law
Grantee hereby covenants that it will conduct its operation
and maintain the Premises in strict compliance with any and all
applicable statutes, ordinances, regulations, and laws of the
United States, the Commonwealth of Virginia, the City of Virginia
Beach, or any of their agencies, relating to the ownership of the
Franchise or to the occupancy and use of the Premises.
6. Nonexclusivity of Franchise
It is expressly understood and agreed by Grantee that the
Franchise is not exclusive. The City hereby reserves unto itself
the right to grant similar franchises to any person, firm,
corporation, or other entity at any time and from time to time, '
provided, however, that during the stated term of this Agreement,'
Grantee shall have the exclusive right to operate a pier upon th~
Premises at the location stated in paragraph 3 hereinabove,
unless such right is sooner terminated or this Agreement is
cancelled in accordance with the provisions herein made.
7. Condition of pier and Premises
Grantee shall, at all times during the term of this
Agreement and at its sole expense, keep the pier and Premises in
a clean, orderly, and aesthetically-pleasing condition. To that
end, Grantee specifically agrees to do the following:
a. Renovate planting beds along south of building
adjacent to Atlantic Avenue and install sod or planting
complimentary to Demonstration Project;
b. Remove all weeds and trim all overgrown plantings;
4
DRAFT
c. Remove all debris, construction materials, etc.,
adjacent to building;
d. Remove I-beam posts on Atlantic Avenue and replace
with timber posts;
e. Remove vertical posts along boardwalk;
f. Delineate all undefined edges of parking lot with
attractive and appropriately-placed timbers or wheel stops;
g. Remove chainlink fence and replace with split rail
or similar wood fence;
h. Add low planting or sod along Atlantic Avenue on
north side of building;
pier;
i. Remove or substantially upgrade gateway sign on
buildings;
j. Remove or coordinate variety of signs on pier
k. Paint or stain all pier building surfaces to match
or compliment each other; and
1. Meet with Resort Programs Office Staff prior to May
14, 1987 to coordinate the above-referenced improvements and to
seek input for improvement guidelines.
8. Repairs and alterations
a. Grantee shall, at its sole expense, keep all
equipment, fixtures, furnishings, and other property in and upon
the pier and Premises in good condition and repair.
b. Grantee may, at its sole expense, make such
alterations to the pier and Premises as it may from time to time
DRAFT
elect, provided, however, that Grantee shall not make any
structural alterations without the prior written approval of the
City.
9. Fireworks displays
a. Grantee agrees to allow the City to use the pier
for fireworks displays on the dates and according to the
conditions as outlined in Exhibit B (which is attached and is
hereby made a part of this Agreement) during the 1987 season.
For subsequent franchise years, Grantee agrees to meet with City
staff prior to October 30 of 1987 and 1988 and to negotiate in
good faith concerning the dates and conditions of fireworks
displays for the 1988 and 1989 seasons.
b. City agrees to hold the pier open for as long as
possible prior to a fireworks display and, after closing the
pier, to reopen it after determining that the safety of the pier .
patrons will in no way be compromised.
10. Permitted uses
a. Grantee agrees that only the following business
activities shall be operated/conducted on the pier:
(i) rental and sale of bait and tackle for
fishing;
(ii)
square feet; and
(iii) retail stores engaged in the sale of
tourist-related merchandise, goods, and/or services.
one restaurant with a maximum area of 4,600
DRAFT
b. No retail store is to engage in the sale of drug-
related paraphernalia, including but not limited to bongs,
rolling papers, hash pipes, etc.
c. Grantee shall not use the pier or Premises, or
suffer the pier or Premises to be used, for any purpose that is
not contemplated by this Agreement.
11. Right of inspection
The City, by its authorized officers, agents, or employees,
shall have the right of inspection of the pier and Premises at
any and all reasonable times, with or without notice, for the
purpose of determining Grantee's compliance with the provisions
of this Agreement.
12. Assignment of Franchise
Grantee shall not, without the prior written consent of the:
City, assign, delegate, or otherwise transfer, in whole or in
part, the Franchise or any of Grantee's rights or obligations
arising hereunder. The City may, at its sole discretion, consent
or decline to consent to any such assignment, delegation, or
transfer, or may give its conditional consent thereto. In the
event the City conditionally consents to such an assignment,
delegation, or transfer, such consent may, without limitation, be.
conditional upon Grantee's remaining fully and unconditionally
liable to the City for any breach of the terms of this Agreement
by Grantee's transferee and for any damage or injury sustained by
a third party or parties as a result of the intentional act or
D) AFT
omission, negligence, or breach of warranty by Grantee's
transferee.
13. Right to Lease
Notwithstanding the provisions of paragraph 12 above,
Grantee shall have the right to enter into leases with third
parties for the operation of any retail businesses permitted
under paragraph 10 above, except for the restaurant, which shall
be operated by Grantee.
14 Relationship of parties
'
It is mutually understood and agreed by the parties that
nothing contained in this Agreement is intended, or shall be
construed, as in any manner creating or establishing any agency
relationship between the parties or any relationship of joint
enterprise or partnership. Grantee shall have no authority,
express or implied, to act or hold itself out as the agent or
representative of the City for any purpose. Grantee shall at all
times remain an independent contractor, solely responsible for
all obligations and liabilities of, and for all loss and damage
to, Grantee's establishment, including the Premises and property
thereupon, and for all claims and demands resulting from
Grantee's operation.
15. Risks
Grantee shall assume all risks incident to or in connection
with its operation and shall be solely responsible for damage or
injury, of whatever kind or nature, to person or property,
directly or indirectly arising out of or in connection with its
DRAFT
occupancy of the Premises or the conduct of its operation.
Grantee hereby expressly agrees to indemnify and save the City,
its officers, agents, employees, and representatives harmless
from any penalties for violation of any law, ordinance, or
regulations affecting its operation and from any and all claims,
suits, losses, damages, or injuries to person or property, of
whatever kind or nature, directly or indirectly arising out of or.
in connection with Grantee's occupancy of the Premises or conduct
of its operation or resulting from the negligence or intentional
acts or omissions of Grantee or its officers, agents, and
employees.
16. Insurance
a. Grantee shall, prior to the commencement of its
operation, procure and shall thereafter maintain in full force
and effect during the entire term of this Agreement a policy or
policies of insurance protecting and insuring Grantee and the
City, and their respective officers, agents, and employees,
against any loss, liability, or expense whatsoever, from personal
injury, death, or property damage arising out of or occurring in1
connection with Grantee's occupancy of the Premises or conduct of
its operation, whether such injury, death, or damage occurs or is
sustained, or the cause thereof arises, on or off the Premises.
The City and its officers, agents, and employees shall be named
as insureds under any and all such policies. Such policy or
policies shall be written and issued by a responsible insurance
company or companies authorized to do business in the
Commonwealth of Virginia and shall be approved by the City. Such
policy or policies shall be in a comprehensive general liability
form, including products liability coverage, and shall be in an
amount not less than $1,000,000.00 combined single limits. The
risks covered by any such policy or policies of insurance shall
,
not be limited, nor the amount of coverage thereunder reduced, by
reason of any insurance that may be maintained by the City.
b. Prior to the commencement of its operation and
without demand by the City, Grantee shall furnish to the Office
of the City Manager Certificates of Insurance showing Grantee's
compliance with the foregoing requirements. Any such Certificate
shall state that the policy or policies of insurance named
therein will not be cancelled or altered without the giving of at
least thirty (30) days prior written notice to the City.
c. Grantee's performance of its obligations under the
provisions of this paragraph shall not relieve Grantee of
liability under the indemnity and save harmless provisions of the
preceding paragraph of this Agreement.
17. Termination of Franchise
a. The City shall have the right to cancel this
Agreement and terminate the Franchise on notice to Grantee upon
the occurrence of any of the following events:
(1) The failure of Grantee to secure any
approval, license, or permit required by this Agreement or by
law, or the cancellation or revocation of any such license or
permit.
GRAFT
(2) The failure of Grantee to fulfill, abide by,
or comply with any condition of the grant of the Franchise
pursuant to paragraph 1 of this Agreement.
(3) The failure of Grantee to pay the Franchise
fee required hereunder, to execute any bond required hereunder,
or the cancellation of any such bond or exoneration of any surety
thereon.
(4) The continued failure without rectification
of Grantee to comply with any statute, ordinance, regulation, or
other law applicable to the ownership or management of the
Franchise.
(5) The use of the Premises by, on behalf of, or
at the sufferance of Grantee for any activity or purpose other
than is expressly permitted by this Agreement.
(6) The failure of Grantee to procure any policy
or policies of insurance required by this Agreement to have been
procured prior to the commencement of Grantee's operation, the
cancellation or lapse of any such policy or policies so as to
cause the aggregate of the limits of liability of coverage
thereunder to be less than the amounts required by paragraph 16
of this Agreement, or any material and adverse change in the
risks covered or persons or entities insured thereunder.
(7) The failure of Grantee to abide by all
requirements pertaining to conditions of the pier and Premises or
permitted uses as set forth in paragraphs 7 and 10, respectively,
of this Agreement.
DRAFT
(8) The purported assignment, delegation, or
other transfer by Grantee, without the prior written consent of
the City, of the Franchise, in whole or in part, or of any of th~
rights or obligations of Grantee set forth herein.
(9) The abandonment or vacation of the Premises
occupied by Grantee without the prior written consent of the
City.
(10) The refusal of Grantee to permit inspection
of the Premises by the City at reasonable times.
(11) The death of Grantee, if Grantee is the sole
proprietor of the Franchise, or in any other case, the
termination of Grantee's existence as a business organization,
whether by dissolution, consolidation, merger, sale, or other
like act, or the revocation of Grantee's authority to transact
business in the Commonwealth of Virginia.
b. The election by the City to exercise its right to
cancel this Agreement and to terminate the Franchise shall be
without prejudice to any of its other rights at law or in equity,
and any remedy set forth in this Agreement shall not be exclusive
but shall be cumulative upon any or all other remedies herein
provided or by law allowed.
c. Notwithstanding any other remedy conferred upon the
City by this Agreement or by law, the City may elect to suspend
the operation of the pier upon the occurrence of any of the
events hereinabove enumerated or in the event of the breach by
Grantee of any other provision or condition of this Agreement.
DRAFT
Grantee shall, upon receipt of notice of such suspension,
immediately cease operation of its establishment until such time
as the City shall permit Grantee to continue its operation. Such~
permission shall be granted by the City at such time as Grantee
shall have remedied the breach or breaches of this Agreement
giving rise to such suspension.
18. Rules and regulations
The City Manager shall have the authority to promulgate
reasonable rules and regulations governing the conduct of the
pier and Premises, which rules and regulations shall be deemed
incorporated by references into this Agreement upon their
promulgation.
19. Publicity
The City shall have the right to photograph the Premises,
including the interior and exterior thereof, any persons in and
about the Premises and the name of Grantee's establishment, and
to use any such photographs in any of this p~blicity or
advertising. Grantee shall not be entitled to compensation by
reason of the taking or use of any such photographs.
20. Notices
All notices required or permitted hereunder shall be given
and shall be deemed given if, in writing, mailed by certified or
registered mail, and addressed to Grantee at the address of
Grantee stated in its application or to the City Manager, City
Hall, Municipal Center, Virginia Beach, Virginia, 23456, or to
such other address as either party may direct by notice given as
hereinabove provided.
21. Severabilit¥
The provisions of this Agreement shall be deemed to be
severable and should any one or more of such provision be
declared or adjudged to be invalid or unenforceable the remaining
provisions shall be unaffected thereby and shall remain in full
force and effect.
22. Descriptive headings
The descriptive headings appearing in this Agreement are for
convenience only and shall not be construed either as a part of
the terms, covenants, and conditions hereof or as an
interpretation of such terms, covenants, and conditions.
23. Entirety of Agreement
This Agreement and the rules and regulations promulgated
hereunder comprise the entire understanding and agreement of the
parties, and no representations, inducements, promises, or
agreements, oral or written, except as may be s~ecifically set
forth herein, shall have any validity or be of any force or
effect.
24. Waiver
No failure of the City to exercise any right or power given
to it by law or by this Agreement, or to insist upon strict
compliance by Grantee with any of the provisions of this
Agreement, and not custom or practice of the parties at variance
with the terms hereof, shall constitute a waiver of the city's
right to demand strict compliance with the terms of this
Agreement.
25. Modification
No modification, revision, or deletion of any of the
provisions of this Agreement and no addition of any provisions
hereto shall be valid unless in writing and executed with the
same formalities as this Agreement.
IN WITNESS WHEREOF, the following signatures and seals:
CITY OF VIRGINIA BEACH
ATTEST:
By
City Manager
City Clerk
VIRGINIA BEACH FISHING PIER, INC.
ATTEST:
By
President
Secretary
VIRGINIA BEACH AMUSEMENT CO.
By,
General Partner
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK,
bi, AFT
CITY MANAGER, for the CITY OF VIRGINIA BEACH, whose name as such
is signed to the foregoing Agreement, has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of , 1987.
My Commission Expires:
Notary Public
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that RUTH HODGES SMITH, CITY
CLERK, for the CITY OF VIRGINIA BEACH, whose name as such is
, signed to the foregoing Agreement, has acknowledged the same
·
i before me in my City and State aforesaid.
GIVEN under my hand this
day of , 1987.
My Commission Expires:
Notary Public
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
PRESIDENT, and , SECRETARY, for VIRGINIA
BEACH FISHING PIER, INC., whose name as such is signed to the
foregoing Agreement, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of , 1987.
My Commission Expires:
Notary Public
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that
GENERAL PARTNER for VIRGINIA BEACH AMUSEMENT CO., whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of , 1987.
My Commission Expires:
RMB/dga
April 23, 1987
Notary Public
DRAFT
,
,,
,
e ', ¥i
May IIi, '19(%2
:.30
;% ,Sl-,¢:cial llenl i~]g of tile (;ounct.] or [,Ilo cii,y of' VlrgiIHa l)each:'was tluld in
,
'
mol, ion by ~h'. 'J'arr,~ll~ seconded Hr. I.leComl~s~ ~kl by un,~imouu vol, e
~)l,nn I~Icl:, on I,)~c. Virf,.ilJia [I.,nrli Fi-',hlr~ll Pie~' ~m'J'e cn~'ric, d ovo~' until 10:GO A.M.
11~" '1~ 19f~2 'l'lle ,..c, l il~,, ~:.l'. acljc~lll'm.tl llntil 'l'ltc.',clay~ lkly '!~ ]962 aL 10:O0
()ne b~ d was rece~vc¢l on FislllnE lq er £rom Virgini. a Beach PJ.e~'Land Amusement
Comp:lny. An i nvJ [,al, ion Lo bid as £o]lows:
The Cdty Counci[L of the City of Virginia Beach asks bids on the
conntruc bi on arid operatJ6n oC a fLshLng and alm~uement 1)Jet ~n tho
CiL,z of V~rg~tia I?each oil I,l~e OCCdllL'l'ollt w~tllin %1.~ aroa batwcen
:l]~l,l~ and .15Lh SL~'eoL a~(! commencing at. Ocean Avenue, North ap-
l)roz]lu~Le'l~ ~OO fuel ['rom [,Jle northeast cor~L11' oL' JJll,h SL?ee~ and
~enn Avenue~ ~he~la~ ea~l,~arclL7 into the AtqanL~(:
Any rrar,c'l~tr.e awal'dect ~lilcler I.llJ s :illvJ I al, i on :~hnll I)(~ sui).jccL to: I. 'l'll.t b I,ll(: co}l~, J,l'tlt: J, i Oil %lJ 1 ] bO J II nccul'tlaHctl WJ Lb pJ an~J
l~y ~,,~d CLI,y kng~nuer prLor to open,lng of
2. 'J'hat, such bidde~' slla]l furn].sh wLLh the b]cl, approva'L
of th~ llz~iled Sl, a bes (,~,rp,; or Engineers for aucl~ cons[cue[ion.
.. 3. 'J'hab the maintenance and operation of the pier sha].l be
511 acaordmm'o ~fLtJ] tl~e ordina~lces of the CLty oJ' Virgihia
and tJ~e laws of bile Commonwealth of Vi. rgi~a.
Il. Tha~ ~,he City FngineeF and other' City offJc]al.s shall be
a]]ou~.(I I,n enter ~pon said pieF to inspect the pier and its
facJ I LbiOb hi. any and all Limas.
' ~;. That ail l~]l.tnff shall be made o~' steel includJn~ all re-.
p]acemenb pilin~s~ unless oM]e~ise approved by the City Ens'i_neer.
6, .That tile ])jet shall during I, Jie eul,]re period o[' the said
fi'ancJlise be kept and malnCained in good physical order, uj~on tJ~e
p,~na].ty o~' ~'orJ'eJture of the said l']'a~clJise aL any time by resol-
ut,~on of the Counci'L of the City of VtFgJ. I~a ~each if the uame is ~,~ .....
tn their opJnton ]mprope~'ly maintained, and if for any reason the
sa~d pier J s discontimmd or not fire[bur usecJj the franchisee
hereby covenants %o ~emove the same.
7. Tha~ all necessa~ and proper lioons, be obi. a~ned and
.
spec]a] taxes req ,ired I)y i]~o City of Vil'[~J. lli a Beach lie DJ'ompL]y
[ ki J (J.
8. 'l'Jlat %he franchJseo vt[Il pay l,m the Cil,y. pl'ompt]~ Jn
g. '['i~:tl, I. IIo f'i'~Irl Jlj~80 SJla]] pruvLcJo adt~qtinL(]
p;.rkinfl ]mmediaLe'Ly ad.jacul~L to the p~er site.
JO.'l'i~aC col~sl,r~cl, iol~ w%'ll b~ commeilcud wibJlLn fifte~.n (]5)
dnys c.F l,l~e ;III/I]'LJl il1~ O[' tile fl'ancJl~ so allcl exp~.~li o.~sly
of Vll'gi~a BeacJi free ~lllcl ilal'ml, oss f~om liability on account oi'
i l~jur)' and (lama~o ~c. pol'[.Oll o~ pi'opez'by growLrlg oJJJ, of t,Jla opera-
~,~' rup:.Lr tY, eruoC a~.d in tllu evenb that sutl, ue broul;hL aEai~l:Jb tl:u
GJ by cf Vjr,'LnL~ Peach e~l~o,' Jl]dependOllbly or joirlt]y wLth frail- .
cllzsee or otlle~'s, on accoun[, of this franchise, tile said franchisee wi J]
JL'd{~Cl'JClll. wliLui~ may be :;ccLIl:ed al{asns~ 'tl~o Gl I.y ci I. Ilur
oi. joinl,qy l~tJl ~'r,il]cl]J:;eo or'o~hers} and I'lll'tllel' %Jlab J'ranchiseo
J tll'rlL~.Jl l.lle CLI,y a policy o]' insurance wi t,l~ :]omo JHHIIVLII1CO COlllpally
.,('~',',,I,:,l.]e I,Q I, he (:'tl, v L,o t~lmlv~: Lllo ('.i ty a{'~,~n~JL any such ][abL]ity.
I?, Tight, 1),,l'oco aJiy v~;:Jll,~; o~' ])~'lvl]~l~':~ Er,ii. Led Jlel'uill are
t~,;]'c,f,,:d I~y tlt~ l t'allcllLsee tilt: J'J'allt:Jlib,:.~ bJl,lJl exl~cHte a bond
x~iLl~ l'...ocl aud ~t'fLcJenL secttrj. J.)' p~ydb'te to llJn Ci Ly of VJr~inla
Ill)OD ~JlL' ClJllJliJ I.II1,'1; IIL~ll l, Jlo I,.~l'l.:i ul' lJlJ:i J'l'.lllCJll:.l~ l. Jlo J'illJ
ol' Will(il I~on~i :.Jla II J,c co]loct, ab]o a:i ][qllill.lled (I.~,:ldijo.S i'Ol' lilly
4~
t,~'~, o~ t,)~n p:,~'b el cl~c, ]~o]clcr tf, ureof to cc~.lply with the termn o¢ said
f~'~,nc}~ist,. '['ne ~aid bcnd to continue in full rorce and effect %l~roush-
out tl~e life o[' s.~(I francl~ise,
"~ l.].'l'l~at ~.,dd.l'~'anchi. so J~, [.o extend for a period of twenty (20)
ye.]~'s ~,r hnld] -~u~l~ I'ra~cl~iso shnll be revol;e~! For f'at]ure to COml,ly
t.e~cu of' a pLer nt I,]~ln locatl, o~ hin(lu~'s the normal J'Jow of snfid alone
thu bencl~ l'vnnl., 1.1,. J'~'ancJtJsea ;tHrees Lo n~nl(e sut:ll IlecessaFy COtTCC-
L%onu as the CiLy may roquire.
The Ctl,y reserw, n t.hn ~.-LF, ht 'to refuse all bids.
A.'L1 bi(Is shall be -eturnable to thc Clerk of the City Council on or be-
fore [1onday, May I Jl, J
~, at 2:30 o'clock p.m., at ~ich time all bids
ir[Il bo opened.
,
Kpproved £or adverti'sem~nt by Vi~Einia Beach City Gouncil
·
·
GITY OF VIROI NI A BF~CH
·
By Lewis E. Smith .
-- Cler~' Ci~tX Council' -
,
The £o]]outng bicl is From the Virginia Beaclt Pier and ~musement Comp.~ny:
Virginia{ Beach Pier and Amusement C~mpany subn~ts its bid to construct
and operate a Fishinf; and Amusement l']er ~n tho ~ty of Virginia Busch
%!1o CL%y of Virginia Beach, comnloncJn~ on Ocean Avenue north appro~-
ma%ely one hundred (1OO') l'eeb from %lie northaas% corner of lJlth
St.~ee% and Ocean Avenue j thence easterly into
a~ees ~hat ~f awarded %he franchise %ha% it ~11 cons%~uc% a pie~
in accordance w~th plans and spealficiations fz~shed by
Engineers and stat~s that i% has sub~ttted its plans ~o %ho ~%y Eh-
THAT it has aooroval of the Am,y Engineers, and that it will operate
and maintain the pier in accordance wlth the ordinances of tho City
o£ Vi~Einla Deach and the laws of the Co,~monwealth of Virgins, and
that it will comply with all the conditions and provisions set
in the in,ration to bid the same as mf incorporated in this bid, and
that it will pay to the City cfr tho franclJiso, in adci~ticn bo the com-
pliance with the pFow~sions of the invitation~ tho sum of Three T)~ousand
($3~OOO.OO) Dollars per year, and pay In ad~tion thereto the manic foes
and other costs as am)lJcab]o to all other merchants operating si~lar
businesses ill the City of Virgins ~ach, That all sttch c~ts and fees
shall be in accordance ~t%h the ~es and ~e~ations psrs~i~.d by
the City Council for %h~ City of Vi~Eina Beach o~ its duly designated
~epresentativos.
,
~is bid is made in accordance' ~¢lth ~]e invitation d~y published
%he ~ty of V%rEi~a t3oach and if this bid is accepted, the under-
s[E~od a~e~s to commence wo~k prompl]y and ]n'os~cute %h~ con¢,Lruc ti on
oJ' t}~e ,lief to cc.,.,,1,.t~o.] promptly !n accordance w~th the
,
VfROI~UA 9F3Ci! PIr'R t,'ID A'¢'t3-=-'?~"l' CO.
.-'.1 ter~ L. =or:re:..
c.,:-, ~id Acce:)tefl:
City of Virg'Lnia Beach
~1. Russell Iisi, civet1., City l.'anager
On mot.ton oF ~.~. Ca ton, seconded by Ih". Tarra]l and by unanimous vote the bid
of 'Lhe Virginia ~each l>ier and Amusement Company was accepted.
,
"~,,re I'qinx nc. l'~lr:l~, r J,'::{i:, n:, ~}.' ~,,,:i~l' ~.,s ;i'{Jc':r~..,l.
EXHIBIT B
The parties indicated below shall be required to comply with
the following requirements:
1. The Fireworks Contractor shall start the set up of
wooden shooting racks at approximately 3:00 p.m.
2. The Fireworks Contractor shall wet down the end of the
pier prior to setting up the mortars.
3. The Fireworks Contractor shall place a fire resistant
tarp over the wet-down area.
4. The Fireworks Contractor shall drive a van to the
turnstiles for loading and unloading.
5. The Fireworks Contractor shall wet down the pier after
the shows to insure that all embers are extinguished.
6. The Fireworks Contractor shall approve the set up and
shall be responsible for issuing a permit.
7. The Fireworks Contractor shall be on site from set-up
until the show has been completely fired.
8. The Police Department shall provide security be means of
a police boat in the water and officers on the opening deck of
the pier for communication and security of the area.
9. The Pier Owners shall post a sign notifying customers of
the closure of the pier and the need for cooperation.
10. The Pier Owners shall allow the Fireworks Contractor to
use the water faucets on the pier.
11. The Pier Owners shall shut off all overhead/street
lights during the actual fireworks display.
12. The Resort Programs Office's Special Events Coordinator
shall coordinate all of the above activities, shall insure that
all fire codes are adhered to and shall make every effort to
insure a safe fireworks display.
The schedule of fireworks displays for the 1987 Season shall
be as follows:
1. June 18 - Thursday - on pier
2. July 15 - Wednesday - on pier
3. August 12 - Wednesday - on pier
- 33-
Item III-J.1.
RESOLUTION
ITEM # 27348
Helene Suggs, 3708 Kings Point Arch, Phone: 486-7592, spoke concerning an
unfortunate experience with United Medical.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City
Council ADOPTED:
Resolution authorizing the City Manager to enter
into a contract for a group benefit plan for
municipal employees for FY-88 with Prudential
Insurance Company of America.
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
May 11, 1987
A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO A CONTRACT
FOR A GROUP DENTAL BENEFIT PLAN
FOR MUNICIPAL EMPLOYEES
WHEREAS, City Council desires to offer health care
benefit plans to employees and their families, and
WHEREAS, The City recently received FY 88 renewal
quotes on its health care plans and city staff recommends
renewing the two existing health maintenance plans, and
WHEREAS, requests for proposals for an indemnity group
health plan and for group dental benefit coverage were advertised
and no proposals were received for the indemnity plan and eleven
proposals from five firms were received for the dental plan, and
WHEREAS, the City's Group Health Benefits Committee has
reviewed the proposals submitted and recommends the group dental
plan contract be awarded to Prudential Insurance Company of
America
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
to enter into an agreement with Prudential Insurance Company of
America to provide a group dental benefit plan for employees to
begin July 1, 1987
the 11
Adopted by the Council of the City of Virginia Beach on
day of May , 1987.
- 34-
Item III-K.
CONSENT AGENDA
ITEM # 27349
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 6, 7, 8, 9 and 10 of the
CONSENT AGENDA.
Items 4 and 5 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Councilman John D. Moss VERBALLY ABSTAINED on Item
III-K.1, as his wife is a School Teacher with the
City of Virginia Beach.
Council Members Absent:
None
May 11, 1987
I_tem III-K. 1
--
CONSENT AGENDA ITEM # 27350
Upon motion by Vice Mayor Oberndor£, seconded by Councilman Fentress, City
Council ADOPTED:
Voting: 10-0
RESOLUTION IN GRATITUDE
Dr. Edward E. Brickell
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 Abstaining:
John D. Moss*
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Moss VERBALLY ABSTAINED on this item as his wife is a School Teacher
with the City of Virginia Beach.
RES(NJ3TION IN GRATITUDE
~~%~: Education provides a foundation upon which individuals
grow toward life's fulfillment and beoc~e oontrzbutzng members of
society;
WHEREAS: The direction of public education is of paramount
importance to the quality of life ~n the City of Virginia Beach;
WHEREA~: EE~ARD E. BRIC~M~Z. has for more than thirty-five years
dedicated his life to education and the service of students zn the
Ccnm~nwe al th of VirgLnia;
WHEREA~: He has served as Teacher, Coach, Assistant Principal,
Principal, Director of Administration and Superzntendent of Schools in
the O_-mmronw~ a l th of Virginia;
~tEREAS: His excellence in the field of education has brought
recognition to both him and the City for educational leadership on the
local, state, and national levels;
~{EREA~: His abiding concern for students, ~ity and fellow
employees has been exemplary; and,
WHEREA~: PLts dedication to the students and citizens of Virginia
Beach for more than twenty years has been outstanding.
NC~, THERfla~RE, BE IT RESC~VED: That on the occasion of his
retzrement as Division Superintendent, Virginia Beach Public Schools,
the Gouncil of the City of Virginia Beach takes official cognizance of
the out stand ir~ service performed by:
Edward E. Brickell
and expresses its sincere appreciation for what Dr. Brickell has
contrzbuted to the lives of students, teachers, staff and the c~xnunlty
at large.
Gzven under my hand and seal,
this Eighth Day of May
Nineteen Hundred and Eighty-Seven
Mayor
- 36-
Item III-K.2.
CONSENT AGENDA
ITEM # 27351
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
RESOLUTION IN RECOGNITION
B. H. "Pat" Bridges, Jr.
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 So 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
May 11, 1987
RESOI/I~ION IN ~ITION
WHEREAS: ~he Virginia Beach Jaycees annually select one citizen
whose contribution to the City has been out stand kng and %orthy of being
de slgnated:
FIRST CITIZENOFVIRGINIABEAC~
~I{FRIEAS: There are many citizens whose unselfish qualities are
worthy of recognition, yet there are few whose lives directly or
indirectly touch almost every person zn the City. One who has worked
diligently and untiringly to make Virginia Beach aesthetically pleasing
to the eye and a better place zn which to live, work and play is no
other than:
B. H. "PAT" BRIDGES, JR.
%~EREA~: PAT BRIDGES is a life-long citizen of Virginia Beach,
having been born in Princess Anne County and graduated at Kempsvllle
H~gh School. He attended Virginia Military Institute, lforfolk Division
of the College of William & Mary and graduated frcm the University of
Maryland with a Bachelor of Science in Landscape ~tDrtlculture His
college studies were twice interrupted by m&lltary service in td%e
United States ;krn~f 1946-48 and 1950-51. H~ is enthusiastic about his
work and works hard at making things happen and dreams cc~e true. Frcm
h~s enthusla~n for track in college, he organized the ~amrock Marathon
which was conceived when the fledglng Tidewater Striders was looking
for a sponsor with an event for runners. This is now one oi the most
popular races in Virginia and is a popular stop for some runners on the
national circuit. A successful career is only part of his achievements
in life. Pat has played an active role in trying to nuprove the
quality of eoonc~n~c develotmnent in Virginia Beach. He has participated
in two studies on the future grc~th of our C~ty, tire latest of which
was the 1986 Virginia Beach Tcmorrow report; and,
WHERFAS: PAT BRIDGES is a dreamer, he is one who is willing to go
the second mile to realize the end result. He is a professional
Landscape Architect and often meets the enemy head-on. Quality is his
ann and beauty his purpose. He is unselfish but determined, quiet but
effective, humble but influential. He is Past President and currently
again Vice President of the 400-Member Virginia Beach Beautification
Commission. He is a lobbyist whose success has brought forth state and
local legislation that prcmotes and protects the aesthetic beauty of
Virginia Beach and all of Tidewater VirginIa. He serves as a member of
the Steering Ccnn~ttee for the Friends of Fred Huette Foundation
prcmoting regional cooperation on issues of municipal beautification
throughout Hampton Roads. He chaired the conm~ttee which studied the
historic Francis Land House and successfully restored th~s landmark to
a useful purpose as a M~d-Elghteenth Century Museum. His memberships
are n~nerous and his professional a~ fillatlons include: Vice
President, Landscape Designers; Director, Tidewater Nurserym~n' s
Association; Chairman, American Bonsa~ Society; President, Virginia
Beach Sports Club; former President, Virginia Beach Rotary Club; I~fe
Member, Disabled American Veterans; and, numerous positions with the
Virginia Beach United ~thod~st Church.
NOW, ~IFRIEFORE, BE IT RES(]LVED: That the Virginia Beach City
Council recognizes the many services and tremendous civic contributions
PAT BRIDGES has rendered Virginia Beach as a dedicated citizen,
successful businessman and a "Great Hum~nnltarlan".
Given under my hand and seal
this Seventh day of May,
Nineteen Hundred and E~ghty-Seven
Mayor
- 37 -
Item III-K.3
CONSENT AGENDA
ITEM # 27352
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance granting a franchise to Atlantic Resort
Associates (dba Best Western Oceanfront/Beach
Cabaret Cafe) to operate an Open Air/Boardwalk
Cafe', AND authorizing and directing the City
Manager to execute a franchise agreement, subject
to the conditions contained and/or reference
therein.
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
.)ICNA
r" .... -~- AN ORDINANCE GRANTING A FRANCHISE
1
2 TO ATLANTIC RESORT ASSOCIATES
!
3 TO OPERATE AN OPEN AIR/BOARDWALK
4 CAFE' AND AUTHORIZING AND
5 DIRECTING THE CITY MANAGER TO
6 EXECUTE A FRANCHISE AGREEMENT,
SUBJECT TO THE CONDITIONS CONTAINED
AND/OR REFERENCED HEREIN
10 WHEREAS, the City has adopted regulations for the operation
11 of open air cafe's on public property along the boardwalk and on
12 stub street parks; and
13 WHEREAS, Atlantic Resort Associates (dba Best Western
14 Oceanfront/Beach Cabaret) has submitted an application for the
15 operation of an open air/boardwalk cafe' and has paid the
16 application fee; and
17 WHEREAS, the representations made in the application comply
18 with the aforementioned regulations; and
19 WHEREAS, City Council has been advised by the Office of the
20 City Manager that the proposed cafe' would have no detrimental
21 effects on the public health, safety, welfare, or interest.
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That a Franchise is hereby granted to Atlantic Resort
25 Associates (dba Best Western Oceanfront/Beach Cabaret) to operate
26 an open air/boardwalk cafe' at 1101 Atlantic Avenue, Virginia
27 Beach, Virginia, 23451, from June 1, 1987, to April 30, 1988, and
28 that the City Manager is hereby authorized and directed to
29 execute a Franchise Agreement with the Franchisee, conditioned on
30 provision by the Franchisee and acceptance by the City of an
31 approved final site plan, liability insurance coverage, a surety
32 bond, the applicable Franchise fee, and on such other conditions
33 as are required by the aforementioned regulations and the
34 Franchise Agreement.
35 This Ordinance shall be effective upon the date of its
36 adoption.
37 Adopted this 11 day of May , 1987, by the
38 Council of the City of Virginia Beach, Virginia.
39 RMB/dga
40 5/4/87
41
- 38 -
Item III-K.&
CONSENT AGENDA
ITEM # 27353
James Capps, 16th and Oceanfront Phone: 428-1821, President - Virginia Beach
Hotel/Motel Association
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN Section 6-10 of the
Code of the City of Virginia Beach, Virginia,
pertaining to use of roller skates, skateboards, et
cetera, on the boardwalk, grassy area, bicycle
path, oceanfront parks and plazas, public
restrooms, and sidewalks adjacent thereto.
*On line 21, after the words "adjacent thereto" insert the
words, "for the period of May 1, 1987, to October 1, 1987,
east of Pacific Avenue from Rudee Inlet to 42nd Street."
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-10 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO USE OF SKATEBOARDS ON
BOARDWALK
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
That Section 6-10 of the Code of the City of Virginia
12 Beach, Virginia is hereby amended and reordained to read as
13 follows:
14 Section 6-10. Use of roller skates, skateboards, etc., on board-
15 walk or grassy area, ~ bicycle path, oceanfront
16 parks and plazas, public restrooms, and sidewalks
17 adjacent thereto.
18
19 It shall be unlawful for any person, at any time, to
20 use on the boardwalk or the grassy area£ ~ bicycle path~
21 oceanfront parks and plazas, public restrooms, and sidewalks
22 adjacent thereto, ~-a~-~me? or, for the period of May first to
23 October first, on any sidewalk east of Pacific Avenue from Rudee
24 Inlet to 42nd Street, roller skates, skateboards, toys or
25 similar ~e~ste~ devices on wheels or runners. This provision
26 shall not be applicable to the use of wheelchairs for the
27 transportation of handicapped persons or the use of baby
28 carriages, strollers, or related modes of transportation for
29 infants.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the llth day of May , 1987.
32
33 RMB/epm
34 04/22/87
35 04/27/87
36 05/11/87
37 CA-02246
38 ~ordin~proposed~06-010.pro
- 39-
Item III-K.5
CONSENT AGENDA
ITEM # 27354
Upon motion by Councilman Fentress, seconded by Vice Mayor 0berndorf, City
Council ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN Section 6-11 of the
City Code of the City of Virginia Beach, Virginia,
pertaining to driving motor vehicles on the
boardwalk or grassy area, bicycle path, oceanfront
parks and plazas, and sidewalks adjacent thereto.
*On line 18, after the words "motor propelled vehicle" insert the words
"including mopeds."
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
May 11, 1987
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-11 OF THE CITY CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO DRIVING
MOTOR VEHICLES ON BOARDWALK
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Secton 6-11 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained to read as
follows:
Section 6-11.
Driving motor vehicles on boardwalk or grassy
area, ~ bicycle path, oceanfront parks and
plazas, and sidewalks adjacent thereto.
It shall be unlawful for any person to drive or
otherwise operate any motor-propelled vehicle, including mopeds,
other than a wheelchair, upon the boardwalk or the grassy area,
bicycle path, oceanfront parks and plazas, and sidewalks ~-~
~es~a~e~-~~e-~a~h adjacent thereto along the Atlantic
Ocean. This section shall not apply to city employees on
official business or to employees of the franchisee's authorized
to provide lifeguard services, or franchisee's authorized to
provide other boardwalk services, while on duty, or when
authorization is granted by the city manager or his designee for
city-sponsored special events.
Adopted by the Council of the City of Virginia Beach,
Virginia on llth day of May , 1987.
RMB/epm
04/22/87
04/27/87
05/11/87
CA-02248
~ordin~proposed~06-011.pro
- 40 -
Item III-K.6
CONSENT AGENDA
ITEM # 27355
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-116 of
the Code of the City of Virginia Beach, Virginia,
pertaining to surfing generally.
Vice Mayor Oberndorf advised the surfing population has increased in recent
years. The recommendation to ADOPT the aforementined Ordinance pertaining to
the leashing of Surfboards was done with the endorsement of the Virginia Beach
Chapter of the United States Life Saving Association and the Eastern Surfing
Association.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-116 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SURFING GENERALLY
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 6-116 of the Code of the City of Virginia
11 Beach, Virginia is hereby amended and reordained to read as
12 follows:
13 Section 6-116. Surfing generally.
14 (a) It shall be unlawful for any person to surf or to
15 have a surfboard, without an attached leash or tether, from
16 Memorial Day to Labor Day, in the city in the littoral waters of
17 the Atlantic Ocean, except as permitted ~--t-~i-~-~ec~i~n--ss
18 ~~ws? herein:
19 (1) At the city recreation park, Little Island,
20 at places and times as designated by the director of parks and
21 recreation.
22 (2) South of Little Island Park to the state
23 line, between sunrise and sunset, subject to restrictions that
24 may be imposed by the United States in the area owned by it.
25 (3) In the area between the southern boundary of
26 the United States Naval Reservation, Dam Neck, and the northern
27 line of Little Island Park, between the hours of sunrise and
28 sunset; except that, between the Friday before Memorial Day and
29 Labor Day, surfing is not permitted between the hours of 10:00
30 a.m. and 4:00 p.m.
31 (4) In the areas north of the northern line of
32 Camp Pendleton to the southern boundary of 42nd Street, between
33 the hours of sunrise and sunset; except that, between the period
34 May fifteenth through September thirtieth, surfing is not
35 permitted between the hours of 10:00 a.m. and 5:00 p.m. Surfing
36 is permitted in the area three hundred (300) feet north of the
37
38
39
center line of 3rd Street prolongated eastward extending one
hundred (100) feet north of the center line of 5th Street
prolongated eastward and in the area eight hundred (800) feet
40 south of the southern jetty of Rudee Inlet and in the area five
41 hundred (500) feet north of the northern jetty of Rudee Inlet
42 between sunrise and sunset.
43 (5) In the areas from the southern boundary line
44 of 42nd Street north to the southern boundary line of Fort Story
45 between the hours of sunrise and sunset; except that surfing is
46 not permitted between the period of the Friday before Memorial
47 Day through Labor Day between the hours of 10:00 a.m. and 5:00
48 p.m.
49 (6) In such posted surfing areas, not to exceed
50 five hundred (500) feet, as the city manager may from time to
51 time set aside for periods not to exceed forty-five (45) days.
52 The city manager shall file his reasons for establishing such
53 areas, within twenty-four (24) hours of such posting, with the
54
55
56
57
58
59
60
61
62
63 Virginia, on the llth day of
64
65 RMB/epm
66 04/22/87
67 CA-87-0224
68 (ordin~proposed~6-116.pro)
city clerk.
(b) Surfing is prohibited at all times, except as
provided in subsection (a)(6) above, within three hundred (300)
feet north and three hundred (300) feet south of the Wooden
Fishing Pier located between 14th Street and 15th Street, as well
as the area between the north and south jetties of Rudee Inlet.
(c) Any person who violates the provisions of this
section shall be guilty of a Class 4 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
May , 1987.
- 41 -
Item III-K.7
CONSENT AGENDA
ITEM # 27356
Upon motion by Vice Mayor Oberndorf, seconded by Councliman Fentress, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Robert Herman and Jack Jacobson for the closure of
a portion of a 20 foot Lane, Block 10, east side of
Parks Avenue, (Virginia Beach Borough).
The Viewers are:
David Grochmal
Robert J. Scott
C. 0ral Lambert, Jr.
Director of General Services
Director of Planning
Director of Public Works
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
May 11, 1987
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert Herman and Jack B. Jacobson have gzven
due and proper notice, in accordance with the statutes for
such cases made and provided that they will on the llth
day of May , 1987, apply to the City Council of
the C~ty of Virginia Beach, V~rg~n~a, for the appointment
of Viewers to view the below-described property and report
in writing to the Council whether, in the opinion of said
Viewers, what, if any, inconvenience would result from the
discontinuance of the below-described port~on of that certain
street and has f~led such application w~th sa~d Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, V~rgin~a:
THAT C. Oral Lambert, Jr. ,
Robert Scott and
David Grochmal are
hereby appointed to view the belou-described property and
report in writing to the Council, as soon as is practicable,
whether in their opinion, what, ~f any, ~nconven~ence would
result ~n the d~scontznuing and vacating of a port~on of that
certazn street located in the City of Virginia Beach, V~rg~nza,
and more particularly described as follows:
Part of 20 foot lane, Block 10, the Atlantic
Investment Company, V~rg~nza Beach Borough,
recorded in Deed Book 65, page 77, beginning
at a point on the East s~de of Parks Avenue
and thence East a d~stance of 300.00 feet
for the Southern 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).
Ail the above as shown upon that certain plat entitled
"Street Closure Plat, Part of 20' Lane, Block 10, The Atlantzc
·
Investment Company, V~rginia Beach Borough--Virginia Beach,
V~rginia", dated March 19, 1987, whzch plat is attached hereto
and made a part hereof and intended to be recorded with the
Ordinance closing the above-described street.
ENTERED THIS 11 DAY OF May , 1987 .
AppP. OVED AS TO CONTENT
DF. PARTMENT
AFFIDAVIT
City of Norfolk ~o-~,,~
This day 1TNA ~AkryER personally,
appeared before me and after being duly sworn made oath that.
(1) (He) (She) is affidovd clerk of VIRGINIAN PILOT & LEDGER STAR
a newspa'per published by Landmark Commun~cat,ons, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of V,rg~n~a;
(2) That the advertisement hereto annexed of NOTICE
has been published in sa~¢~
newspaper on the following dates:
4/9, lb 19 87
//Affiant
Subscribed and sworn to before me in my city and state aforesaid this w'
21st day of APR.
My commission expires
JUN 1 3 1987
19
87
19
Notary Publ~r
,.JACK E FERrEbEE
ATTORNEY AT LAW
1213 LASKIN ROAD
SUITE IO6
VIRGINIA BEACH, VIRGINIA 2345I
TELEPHONE (804) 42:~-8470
~Iarch 30, 1997
It
Herman
].
and
CE,,TIFICATF OF VESTI~'~C OF TITLE
Jack E. Ferrebee, attorney ior petitioners,
and Jack B. Jacobson, hereby certzfy that:
I am an attorney at law and represent Robert
Jack B. Jacobson, the petitioners.
·
closed
If the property described
and vacated by the Council of
Beach,
Robert
Virginia, then
Herman and Jack
title to sa~d
B. Jacobson,
adjacent
is hereby
Robert
Herman
below is discontinued,
the C~ty of Virginia
property will vest in
tenants in common, the
land owners. The sa~d property referred to herein
described as follows:
Part of 20 foot lane, Block 10, the Atlantic
Investment Company, Virginia Beach Borough,
recorded in Deed Book 65, page 577, beginning
at a point on the East side of Parks Avenue
and thence East a distance of 300.00 feet
for the Southern half of the lane and 304.00
feet for the Northern half of the lane·
to be vacated is designated as 6,040 square
feet of 20 foot lane, Block 10, the Atlantic
Investment Company, Virginia Beach Borough).
A copy of
20 foot lane,
P.C., land
(Portion
surveyor, Js
attached~reto.
Ja(~ ],~. Fe~rebee
dated March 19, 1987, and prepared by Lee Rood,
the street closure plat for the above described
- 42 -
Item III-K.8
CONSENT AGENDA
ITEM # 27357
Upon motion by Vice Mayor Oberndorf, seconded by Councliman Fentress, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Richard C. Fentress for the closure of a portion of
Brian Avenue, (Bayside Borough).
The Viewers are:
David Grochmal
Robert J. Scott
C. Oral Lambert, Jr.
Director of General Services
Director of Planning
Director of Public Works
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
May 11, 1987
ORDINANCE APPOINTING VIEWERS
WHEREAS, Richard C. Fentress, has given due and proper
notice, in accordance with the statutes for such cases made and
provided that he will on the l lth day of May, 1987, apply to the City
Council of the City of Virginia Beach, Virginia, for the appointment
of Viewers to view the below-described property and report in writing
to the Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of variable width,
and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
Robert Scott and
David Grochma] are hereby appointed to view the below
described property and report in writing to the Council, as soon as
possible, whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of that
certain street of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
Brian Avenue, begining at the northwest corner of Virginia
Beach Boulevard and Brian Avenue; hence in a northerly
direction along the western right-of-way of Brian Avenue
N 00015'24'' W 273.51 feet to a pipe at the south .....
western corner of Brian Avenue and Broad Street; hence
with the prolongation of the southern right-of-way of
Broad Street N 89°44'36"E 60.00 feet to a point in the
southern right-of-way of Broad Street thence along a curve
to the left an arc link of 15.71 feet with a radius of
10.00 feet which is subtended by a delta angle of
90000'00'' and whose entering the radial bearing is normal
to the last aforementioned course; thence along the
eastern right-of-way of Brian Avenue S 00015'24'' E 287.43
feet to a point of curvature in the northern right-of-way
of Virginia Beach Boulevard; thence along a curve to the
right an arc link of 21.79 feet and a radius of 1829.86
feet which is subtended by a delta angle of 00040'56'' to
a point of tangency; thence still with the northern
right-of-way of Virginia Beach Boulevard N 64033'00'' W
33.64 feet to the point of beginning.
All the above as shown upon that certain plat entitled "Boundry
Survey of a Portion of Brian Avenue", which plat is attached hereto
and made a part hereto and intended to be recorded with the
Ordinance closing the aforedescribed street.
ADOPTED: May 11, 1987
CONTEN"~ '
WINSTON G SNIDER
PAUL I BURLAGE
WINSTON G SNIDER
ATTORNEY AND COUNSELLOR AT LAW
2620 SOUTHERN BOULEVARD, SUITE 102
VIRGINIA BEACH, VIRGINIA 2~452
TELEPHONE
{804) 465-5250
CERTIFICATE OF VESTING OF TITLE
I, Winston G. Snider, attorney for R~chard C. Fentress, do
hereby certify that:
1. That I am an attorney-at-law and represent Richard C.
Fentress, the Petitioner.
2. If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will vest in Marvin C. Overcash and Peter A
Agelasto, III, Administrators c.t.a.d.b.n, of the Estate of R. E.
Townsend, deceased.
The said property referred to herein is hereby described as
follows:
Brian Avenue, begining at the northwest corner of Virginia
Beach Boulevard and Brian Avenue; hence in a northerly
direction along the western right-of-way of Brian Avenue
N 00°15t24'' W 273.51 feet to a pipe at the south
western corner of Brian Avenue and Broad Street; hence
with the prolongation of the southern right-of-way of
Broad Street N 89°44'36"E 60.00 feet to a point in the
southern right-of-way of Broad Street thence along a curve
to the left an arc link of 15.71 feet with a radius of
10.00 feet which is subtended by a delta angle of
90°00t00" and whose entering the radial bearing is normal
to the last aforementioned course; thence along the
eastern right-of-way of Brian Avenue S 00°15'24'' E 287.43
feet to a point of curvature in the northern right-of-way
of Virginia Beach Boulevard; thence along a curve to the
right an arc link of 21.79 feet and a radius of 1829.86
feet which is subtended by a delta angle of 00°40~56' to
a point of tangency; thence still with the northern
right-of-way of Virginia Beach Boulevard N 64°33t00'' W
33.64 feet to the point of beginning.
Winston G. Snide.[//
Z
I
!
!
~d r
·
NOTICE
PLEASE TAKF NOTICE
fix meeting o! Ine City Coum. r
ti. CHv of Virgml~ ~ach
gm~d Io ~ hel~ ~ I~ 5Ih
~ch V~rgm~a, Ibc u~s~g~
will ~hhon the Cou~ll
e~mtmenl of V~ers
thal ~IdJn slrKI a~
C,lv C~d w~el~er sn
s~ of The Viewers ~4l,
~n~v~,e~ w~ld result
1~ vacating Closing a~
follows
~fhen 8~levar~, ~lflnlno
~ ~ml ffi I~ e4sl s~ of Eur~4
Aven~ ~1 lhe ~er of Lot 37 of
Eur~ P~rk, I~ ~th
~ mmul~ easl ~ dlslance of
fKt. lh~ ~fh 6' ~ minutes
~t d emta~e of 24 f~l to Ihe
pr~v h~ of N~IK
~1~e~n RedraW. t~n~ ~th
~y h~ of N~folk and
~lh~n Radr~d e d~slA~ of
~O IHI l~ce ~lh 6' - ~ ml~
ule5 e4sl to ~ ~lnt of
IT BEING ~ ~pr~ ~s
iona1~ as 24 l~l r~d m the
Of Eur~4 P~rk, d41~ Augusl,
On,c~ of the Circull C~rl Gl lhe
AI lhal I1~, anv~ affKl~
may d~ar a~ ~nt
A~ff lhe r~ of ~ V~mrs
r~v~, at lhe ne~ r~ul~r
~hno of lhe Cl~ ~ll,
~ I~eaHK ds f~
may ~ Dla~ ~ t~ a~d4,
u~s~ wdl ~lif~ the Ci~
C~Jl Io v6cale, c~ dn~ dis
~lsn~ t~t ~ll~ Ot ~th~n
~levdrd tn t~ CJ~ Ot
~d~ VirGinia ~1~ a~ve
COLLEEN'8 A CLIFFORD A
LOWDER.
JA~ES F & BARBARA J
BROCKETT. EUGENE D H &
JULIA R B W~LRI~E, WIL-
~LI~ R. JR & VIRGINIA A
JENKINS. E LYLE, III & PAM
ELA Q TRENCHARD. TIPTON
p & VIRGINIA A F SUTTON,
L~E & HAZEL B CAL~ELL,
GEORGE P & RUBY I
AND CHARLE~ E & ~RGIE
C~I
W~nSt~ G ~1~
Vir~lm4 Belch, VA 2~ --
rr ~
Z U~
o Z
Z
Z
I~tem III-K. 9
--
- 43 -
CONSENT AGENDA
Upon motion by Vice Mayor
Council APPROVED:
ITF24 # 27358
Oberndorf, seconded by Councilman Fentress, City
RAFFLE PERMIT
Leukemia Society of America
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 44 -
Item III-K.IO
CONSENT AGENDA
ITEM # 27359
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Fentress, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Diamond Cab Company
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
-45 -
Item III-L.1
APPOINTMENTS
ITEM # 27360
Upon NOMINATION by Councilman Balko, City Council APPOINTED to the ARTS &
HUMANITIES COMMISSION:
Robert W. Carter
(for a two (2) year term from July 1, 1987 to June 30, 1989)
AND, REAPPOINTED:
Kelsey E. Brown
Andrew S. Fine
Warren E. Sacks
Betty C. Wells
(for a two (2) year term from July 1, 1987 to June 30, 1989)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
- 46-
Item III-L.2.
APPOINTMENTS
ITEM # 27363
Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the MEDICAL
COLLEGE OF HAMPTON ROADS (formerly EVMA):
Nancy A. Creech
(For a Three year term from July 1, 1987 to June 30, 1990)
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
- 47-
Item III-L.3/4
APPOINTMENTS
ITEM 27362
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
FACT FINDING COMMITTEE - OCEAN LAKES
MOSQUITO CONTROL COMMISSION
May 11, 1987
- 48 -
Item III-L.5.
APPOINTMENTS
ITEM # 27363
Upon NOMINATION by Councilman Perry, City Council APPOINTED to the SOCIAL
SERVICES BOARD:
Maureen 01ivieri
(For a Four (4) Year term from July 1, 1987 to June 30, 1991)
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
May 11, 1987
- 49-
Item III-L.6.
APPOINTMENTS
ITEM # 27364
Upon motion by Councilman Heischober, City Council REAPPOINTED to the
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION:
Vice Mayor Meyera E. Oberndorf
City Manager Thomas H. Muehlenbeck
(For three (3) year terms from July 1, 1987 to June 30, 1990)
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
May 11, 1987
- 50 -
Item III-L.7.
APPOINTMENTS
ITEM # 27365
Upon NOMINATION by Councilman Baum, City Council APPOINTED to the TIDEWATER
COMMUNITY COLLEGE BOARD:
C. Roy Kelley
(For a Four (4) Year term from July 1, 1987 to June 30, 1991)
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 51 -
Item III-M.1
UNFINISHED BUSINESS
ITEM # 27366
Councilman Moss advised the plat submitted by Gil Holt in good faith was
different from the intent of the Motion. Councilman Moss, the City Manager and
Gil Holt met on Saturday, May 9, 1987. Originally Mr. Holt had interpreted
Councilman Moss's motion to cul-de-sac Thompkins Lane and basically divide the
neighborhood in 'half. Councilman Moss wished internal access to the
Neighborhood Park from a safety point of view. A sketch provided is hereby
made a part of the proceedings of Councilman Moss's actual intent.
RECONSIDERATION would allow providing administrative direction to the Planning
Director that this particular street being shown as going through to Thompkins
Lane would be cul-du-saced as planned. Councilwoman Moss is requesting
RECONSIDERATION of said application as a portion intended in the main motion
was not specifically stated. The approval of the Subdivision Plan shall not
include any arterial connection between the subdivision and Thompkins Lane.
Upon motion by Councilman Moss, seconded by Councliman Baum, City Council
SCHEDULED for the City Council Meeting of May 18, 1987, the RECONSIDERATION fo
an Ordinance for the discontinuance, closure and abandonment of a portion fo
Thompkins Lane in the petition of SIGNET ENTERPRISES, LTD. (This Ordinance had
been APPROVED, subject to Compliance, on May 4, 1987). As per request of Vice
Mayor 0berndorf, the entire application will be reheard.
Application of Signet Enterprises, Ltd., for the
discontinuance, closure and abandonment of a
portion of Thompkins Lane located on the east side
of the Southern terminus of E. Goodview Drive,
running a distance of 1019.92 feet in a southerly
direction and running a distance of 117.57 feet in
a westerly direction. Said parcel is variable in
width from 30.38 feet to 20.11 feet and contains
26,615 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMSPVILLE BOROUGH.
Alice Green, representing the Community of Newlight, will be unable to attend
the City Council Meeting of May 18, 1987. Her letter of intent is to be
enclosed in the City Council Agenda of May Eighteenth.
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
May 11, 1987
- 52 -
Item III-M.2.
UNFINISHED BUSINESS
ITEM # 27367
ADD-ON
Councilman Baum referenced the Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by adding a new Section 21-129 pertaining to
vehicle equipment (Truck/Trailers being covered).
Councilman Baum believed "tailgates" should be addressed in said Ordinance as
apparently some of these trucks do not have tailgates. The language regarding
enforcement of said Ordinance should be written carefully.
There are instances where covers are not necessary; therefore, the type of
material contained in the truck should be addressed and whether or not it
could cause potential damage. There is also the possibility of overfilling the
truck. Short hauls on Country Roads should not constitute actually requiring a
truck cover.
May 11, 1987
- 53-
Item III-M.3
UNFINISHED BUSINESS
ITEM # 27368
ADD-ON
Councilman Baum requested Louis Cullipher, Director of the Department of
Agriculture, to provide information relative farm crops. Councilman Baum
distributed information concerning AGRICULTURE IN VIRGINIA BEACH relative Field
Crops, Horticultural Crops, Pasture/Hay, Livestock and VIRGINIA BEACH LAND USE.
Councilman Baum advised to provide a sufficent income for oneself, a gross of
approximately $300 per acre is necessary. Councilman Baum averaged all three
crops: corn, soybeans and wheat. The 1986 return as compared to the previous
six years was 64% gross. This is the basis of the problem.
May 11, 1987
- 54-
Item III-N.1.
NEW BUSINESS
ITEM # 27369
ADD-ON
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Councl APPROVED:
The City of Virginia Beach shall enter into an
agreement, for the acquisition of the 2~th Street
Ocean Front Property, which shall, in part, be to
commit $1.8-Million toward the purchase price
providing that the Citizens Committee shall raise
$600,000 by September 1, 1987; AND, that the City
shall expend no funds until September 1, 1987.
Further that subsequent to September 1, 1987, the
City shall, until settlement date, expend funds
equal to interest payments that shall be defined in
an agreement to be reached between the property
owners, the Citizens Committee and the City.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor
Meyera E. 0berndorf and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Reba S. McClanan, John D. Moss and
Nancy K. Parker
Council Members Absent:
None
May 11, 1987
- 55-
Item III-0.1.
RECESS ITEM # 27370
Upon motion by Councilman Baum, seconded by Vice Mayor 0berndorf, City Council
RECESSED until 12:00 NOON, May 14, 1987, at which time to RECONVENE for the
AWARDING of the LOW BID for $46,000,000 General Obligation Public Improvement
Bonds, Series 1986: $24,100,000 1986 Charter Bonds; $19,500,000 School
Referendum Bonds,Series 1986; $2,400,000 Street and Highway Referendum Bonds,
Series 1986; AND, the SECOND READING of the FY 1987-1988 BUDGET.
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. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
May 11, 1987