APRIL 6, 1987 MINUTES
"VYORLD'S LARGEST RESORT CITY"
c,, I:oul@ll
@0-1 E -In.@
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 28456-9002
J8041427 4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
Apri.1 6, 1987
ITEM I. SESSION - @erenoe R= - 12:30 PM
A. CIIIY CCUNCIL CONCERTTS
ITIN ii. INFO@ SESSIctq - Oofference Rom - 1:00 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CUL OF COUNCIL
C. CITY 'S BRIEFINGS
1. Lake saith - Zoning in the Bayside Borough
2. Ocean Lakes Eleftentary School Bond Validation
3. Budget Adoption Caleridar
D. MOMCN TO INTO SEssICN
ITEM III. FORM SESSION s - 2:00 Pm
A. INVOCATION: Reverend Lewis H. M'Drgan
ity Unitp-d Mthodist Church
B. PLEDGE CF ALLBGLWM TO TflE FLAG OF THE UNITED STATES (F MMCA
C. @NIC Fa-T- CALL OF CITY OCONCIL
D. ADOPRICN OF I@ FOR THE FORMAL AGENDA
E.
1. INFO@ and FORM SESSICNS - March 30, 1987
F. PUBLIC
1. PLANNIM
a. Application of Norma R. for a Changes of Z@-
(Princess Anne Bc)rough):
Frcm PD-H2 (R-8) Planned Unit Develorment District to B-2
CCRTmmit@Business District the southwest corner of Dam Neck
RDad and Bold ler Dr3-ve, containing 15,594.48 square feet,
AND,
Frcm AG-2 Agricultural District to B-2 Ccmunity-Business
District on the south side of Dam Neck @, containing 1.672
acre.
AND,
Steven W. and Beverly A. Langdeau fran AG-2 Agricultural
District to B-2 @ity-Business District on the south side
of Darn Neck lbad, 299.63 feet east of- @er Road at 621 Dam
Neck Poad, containing 1.17 acres.
Re@ndat-ion: D@ for all applications
b. IDERATION of application of Sunstream Park, iric. by salem
Lakes @ial Associates for a Change of Zon@ frcm R@
Pesidential District to PD-R2 Planned Unit Developwnt Dis i@ct
on the east side of Salem RDad, 1400 feet north of ELbow FDad
(Kenipsville and Princess Anne Borough).
9his item was APPROVED to City Cbuncil on August 6, 1979.
Reccomendat-ion: WITHDRAWAL
c. RECCNSID 06 of applications E-or Conditional Use Permits-for
mini-warehouses on certain property located north of @wtown
Road and @st of Proad @adows Boulevard (@ide Bc)rough):
Ike and Don, Inc. on certain prcper-ty containing 2.4 acres,
(APP@VED July 14, 1986);
AND,
@sition, Inc. on certain property containing 2.954 acres,
(APPROVED August 11, 1986).
This was scheduled for WCONSIDERATION on March 16, 1987.
G. ICNS
1. Resolution authorizing the issuance and sale of $43,605,000 General
cbligation Public emnt Bonds, Series of 1987.
2. Resolution to authorize a Bond Validation suit to TRANSFER
Referendtzn Bonds frcrn Lakes El@tai:y to ]Red Mill
Elementary Scbool for its expansion.
H. CONSENT
Al-I matters listed mder the Consent Agenda are considered in the
ordinary oc)urse of business by City ODuncil and will be enacted by one
maticn in the form listed. If an itczn is r@ed fran the Oc)nsent
Agenda, it will be discussed and voted upon separately.
1. ordinance to authorize acquisition of property in fee simple for
right-of@y for Bridge @ Phase I and the aocilusition of
teniporary and permanent easanents of right-of-way either by
agreemnt or by cc)rid@tion.
2. ordinance upon SECOND @IW, to accept and appropriate $500.00 for
the acquisition of approxirmtely 0.5 acre of State owned residue
property.
3. ordinance upon FIRST @IM to accept and appropriate $25,000 to
the Departmnt of Nbntal Health, @ntal Petardation and substance
Thuse for Adolescent Sab Abuse Servioes.
4. ordinance to TRANSFFR $12,000 within the Department of W-ntal
Health, Mental Retardatim and Sub@ for the Purchase of
a vehicle for client transportation.
5. ordinance to authorize a t@rary encroachuent into a portion of
the right-of-way of @ia Creek extended at 3841 Silina Drive to
d Harksen and Dawn L. Harksen, their heirs, assigns and
successors in titlp-.
6. Raffle Permits: Animal Assistance League
ReccmTieridation: APP
Tid@ter Board of Realtors
Reccnm@ation: D@
7. Request 'oy the ssioner of Revenue for License Refunds in the
anuunt of $7,295.58.
I. APPOINTMEM
1. Military Liaison ttee
2. ocean Lakes Fact Finding CcnTnittee
3. Resort Area Advisory Ccmnittee
J. -M BUSINESS
K. NEiq BUSINESS
Cancel/Rescbedule Meeting of May 25, 1987, ial Day (City
Holiday).
L. ADJ
COUNCIL BUDGET EMEW SCEEDULE
March 30 Regular Session - Budget Presentation
March 31 April 14 Council Individual Review and Questions
April 15 Budget Wc)rkshop -
Conference Rocm 4:OC) - 7:00 PM
April 23 Budget Workshop -
Conference Rocm 4-00 - 7:00 PM
April 30 PLiblic Hearing -
Pavilion - 7:00 PM
May 4 Budget Reconciliation Workshop -
Conference R= 1 0: 00 AM - 12 Nc)on
may 11 Regular Session -
Public Hearing and FI@ @IM of
Appropriation Ordinance -
Council Chambers 2:00 PM
May 14 Special Session -
SECCND @ING of Appropriation ordinance
Cbuncil Charrbers - 12 Noc)n
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 6, 1987
The CONFERENCE SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
April 6, 1987 at 12:30 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
MAT T E R S BY MAYOR
ITEM # 27119
Mayor Jones advised of his vilit t, the hospital to see Mrs. Cassandra (Go Go)
Barnes. "Go Goff is recuperating, as well a, can be expected, from a broken
hip.
ITEM # 27120
The Mayor further referenced the PROPOSED SCHEDULE for City council's
consideration of the Yy 1987-1988 OPERATING BUDGET:
April 15 BUDGET WORKSHOP 4:00 - 7:00 P.M. CONFERENCE ROOM
April 23 BUDGET WORKSHOP 4:00 - 7:00 P.M. CONFERENCE ROOM
April 30 PUBLIC HEARING 7:00 P.M. PAVILION
MaY 4 BUDGET RECONCILIATION 10:00 A.M. - 12:00 NOON CONFERENCE ROOM
WORKSHOP
May 11 PUBLIC HEARING AND 2:00 P.M. COUNCIL CHAMBERS
FIRST READING
MaY 14 SPECIAL SESSION 12:00 NOON COUNCIL CHAMBERS
SECOND READING
Vice Mayor Oberndorf advised she had a CONFLICT with the BUDGET WORKSHOP
SCHEDULED for April 15, 1987.
ITEM # 27121
Mayor Jones advised the item to CANCEL/RESCHEDULE the Meeting of May 25, 1987,
Memorial Day is on the City Council Agenda under NEW BUSINESS. City Council
will CANCEL the Meeting of May 25, 1986, Memorial Day, and NOT RFSCHEDULE.
April 6, 1987
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27122
Councilwoman Parker inquired as to the status of the ENVIRO AL TASK FORCE
REPORT. The City Manager advised this item will be discussed during the BUDGET
DELIBERATIONS.
Councilwoman Parker also requested a monthly or bi-monthly report from the
TWENTY-FIFTH ANNIVERSARY GOMMITTEE AND THE CONSTITUTION'S CELEBRATION
COMMISSION to apprise City Council of their endeavors.
ITEM # 27123
Councilman Fentress advised the City cancelled parking on Atlantic Avenue on
March Nineteenth because of the SHAMROCK MARATHON. The street is still closed
to Parking.
As Councilman Fentress has received numerous complaints from merchants, he
advised the City should formulate a policy. The street could be closed a lot
easier for only one day than to alienate the merchants. The City Manager
advised the City usually waits until after the NEPTUNE FFSTIVAL before allowing
parking. The Staff will present recommendations for Council's consideration.
ITEM # 27124
Vice Mayor Oberndorf advised on Wednesday Night, April 8, 1987, at 8:00 P.M.,
Old Dominion University in concert with the Bicentennial Commission will
present nthe Government and the Press, a Constitutional Conflict". Anthony
Lewis of the New York Times will be speaking.
ITEM # 27125
Vice Mayor Oberndorf advised two restaurants, the RAVEN and IL GIARDINO, were
participating in preventing child abuse. Vice Mayor Oberndorf is serving as a
waitress at the RAVEN on Wendesday, April 8, 1987, and her tips will be donated
toward the prevention of child abuse.
- 4 -
ITEM # 27127
The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
April 6, 1987, at 12:43 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 5 -
C I T Y M A N A G E R IS C 0 N C E R N S
ITEM # 27128
The City Manager referenced the Resolution authorizing the issuance and sale of
$43,605,000 General Obligation Public Improvement Bonds, Series of 1987, AND
the Resolution to authorize a Bond Validation suit to TRANSFER Referendum Bonds
from Ocean lakes Elementary School to Red Mill Elementary School for its
expansion. (See Items III-G.1 and III-G.2 under RESOLUTIONS). The City Manager
requested that these items be heard in reverse order.
ITEM # 27129
The City Manager referenced the Raffle Permit for Tidewater Board of Realtors
(See Item III-H.6 of the Consent Agenda). The City Manager requested this item
be DELETED from the Agenda as same could be handled administratively.
ITEM # 27130
The City Manager referenced the final report relative "The Design Guidelines
from the Historical Review Board".
The City Staff shall SCHEDULE a Presentation concerning same.
- 6 -
C I T Y M A N A G E R 'S B R I E F I N G
LAKE SMITH - ZONING IN THE BAYSIDE BOROUGH
ITEM # 27131
Robert Scott, Director of Planning, with the assistance of a zoning map,
displayed the Lake Smith Area. The majority of the zoning on the north side of
Shell Drive is currently zoned R-8 suitable for duplex development. The
majority on the other side is zoned R-3-
In the Mid-1950's, the zoning was established as RD-1 and RS-1. The RD-1
category is similar to the R-8 and the RS-1 is similar to the R-3- In 1973, the
City Council converted the property into the current categories.
The utilities should not be considered a detriment in considering changing to a
higher density in this particular area. The utility situation should be
adequate to handle additional density. There are approximately 130 lots in the
R-3 category which exist presently plus a great deal of unplated acreage. All
of these lots are buildable, appararantly platted as 25 x 100-foot lots. This
is the complicating factor. Therefore, there are prexisting lots existing many
years before any zoning ordinances. The development potential of those lots is
recognized. The property owner would be entitled to a building permit if he
could meet the applicable set-back requirements.
The COMPREHENSIVE PLAN singles LAKE SMITH for special treatment as it does all
the other COMMUNITY DEVELOPMENT TARGET AREAS and specifies it should remain
primarily as single-family or duplex. The assurance of protection against
stormwater run-off into Lake Smith could be considered a factor.
Due to the non-conforming nature of the lots, Robert Scott recommended any
change in zoning should be initiated by the individual property owners as
opposed to a blanket rezoning in the name of the City.
Robert Scott advised the initial cost for a rezoning would be approximately
$300 which includes the application and the requisite sign.
Robert Scott advised of the three basic problems:
1. Meeting minimum lot size requirements.
2. Meeting set-back requirements.
3. Practicality.
- 7 -
C I T Y M A N A G E R IS B R I B F I N G
OCEAN LAKES ELEMENTARY SCHOOL BOND VALIDATION
ITEM # 27132
The City Manager referenced the Resolution authorizing the City Attorney to
file a bond validation suit to transfer $4,319,000 designated for an elementary
school in the OCFAN LAKES area to the RED MILL ELEMENTARY SCHOOL for the
purpose of expanding and enlarging the site and facility. This Resolution was
ADOPTED by City Council on March 30, 1987. The Bond Counsel advised the City
Attorney a portion of the Bonds could not be VALIDATED. The entire amount must
be VALIDATED or NO ACTION shall be taken.
The City Manager distributed a Resolution to Authorize a Bond Validation Suit
to Transfer $6,170,000 from OCEAN LAKES ELEMF.NTARY SCHOOL to RED MILL FARM
ELEMENTARY SGHOOL and FARMERS' MARKET JUNIOR HIGH SCHOOL. (This Resolution will
replace the aforementioned Resolution ADOPTED by City Council on March 30,
1987.) Councilman Baum requested the words "at this time" be inserted after
the words "Ocean Lakes area" in the second paragraph, third line.
The City Manager also distributed a new Resolution authorizing Issuance and
Sale of $43,605,000 General Obligation Public Improvement Bonds, Series of
1987, accompanied by the Notice of Bond Sale and the Official Statement. (Said
information is hereby made a part of the record.) The City Manager advised
that on Wednesday, April 8, 1987, the City Staff will meet with Moodys and
Standards & Poors in New York City to review the City's financial standing and
bond rating.
- 8 -
ITEM # 27133
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 6, 1987
2:20 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 6,
at 2:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Lewis H. Morgan
Community United Methodist Church
PLEDGE OF ALLFGIANCE TO THE FLAG OF THE UNITFD STATES OF AMERICA
9
Item III-D.1
PRESENTATIONS ITEM 27134
The Mayor, with the assistance of Dr. E. T. Buchanan, representing the VIRGINIA
BEACH ROTARY CLUB, recognized Donna Weidner as the 1986 EMPLOYEE OF THE YFAR.
Fagan Stackhouse, Director of Personnel, and Donna's Supervisor, Ron McLemore,
were in attendance.
Donna Weidner is a Personnel Technician II and produced the first TRAINING
CATALOG during her first six months of employment. Donna participated in the
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION. As well as initiating
computerized record keeping for tuition reimbursement and education incentive
programs for fire and police, she is presently working on computerized training
needs. Donna is volunteering her time, one weekend per month for the Youth
Community Services Program, through the City's Juvenile Probation. This is a
restitution program for juveniles who have committed minor crimes. Donna
supervises a group at SEASHORE STATE PARK.
Donna is taking courses at Old Dominion University towards her MASTER'S DEGREE
in PUBLIC ADMINISTRATION.
- 11 -
APPROVAL OF ITW FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 27135
The City Manager referenced the Resolution authorizing the issuance and sale of
$43,605,000 General Obligation Public Improvement Bonds, Series of 1987 AND the
Resolution to authorize a Bond Validation suit to TRANSFER Referendum Bonds
from Ocean Lakes Elementary School to Red Mill Elementary School for its
expansion. (See Items III-G.1 and III-G.2 of RESOLUTIONS.)
These RESOLUTIONS will be heard by City Council in the reverse order. Items
III-G. 2 will become Item III-G.1, and Item III-G.1 will become Item III-G.2.
Item III-D.2 ITEM # 27136
The City Manager also advised the Raffle Permit to TIDEWATER BOARD OF REALTORS
can be handled administratively. Same shall be deleted from the Agenda. (See
Item IIT-H.6 of the CONSENT AGENDA).
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.
- 12 -
Item III-E.l.
MINUTES ITEM # 27137
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 30, 1987.
Councilwoman Parker called attention to a discrepancy relative the SUMMARY OF
COUNCIL AGTIONS. The VOTE was not printed on Item IV/F/l/a G. E./REGINA
SNYDER: CUP: sales and service of recreational vehicles/cars/trucks on Lots
3/4, Milburn Manor, at 5632 Virginia Beach Boulevard (Bayside Borough). The
Conditional Use Permit was APPROVED/GONDITIONED with a vote of 10-1.
Councilwoman Reba S. McClanan voted NAY. Same has been CORRECTED.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
Item III-F.l.a-e
PUBLIC HEARING
PLANNING ITEM # 27138
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
a. NORMA R. LANCASTER AND
STEVEN W. AND BEVERLY A. LANGDFAU CHANGES OF ZONING
b. SUNSTRFAM PARK, INC.
BY SALEM LAKES COMMERCIAL ASSOCIATES RECONSIDERATION of Application
c. IKE AND DON, INC./ACQUISITION,INC. RECONSIDERATION of Application
- 14 -
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITE14 # 27139
Donald Lancaster, (1245 North Muddy Creek Road Phone: 721-2518). represented
the applicants, and requested WITHDRAWAL of said applications.
Lou Pace (1908 Hunts Neck Court Phone: 468-0925) registered in OPPOSITION
but was not OPPOSED to a WITHDRAWAL.
The City Clerk referenced a letter from Norma R. Lancaster dated March 30,
1987, requesting WITHDRAWAL (Said letter is hereby made a part of the record.)
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ALLOWED WITHDRAWAL of the Ordinances upon application of NORMA R.
LANCASTER and STEVEN W. AND BEVERLY A. LANGDFAU for Changes of Zoning:
ORDINANCE UPON APPLICATION OF NORMA R. LANCASTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
PD-H2 (R-8) TO B-2
Ordinance upon application of Norma R. Lancaster
for a Change of Zoning District Classification from
PD-H2 (R-8) Planned Unit Development District to
B-2 Community-Business District on certain property
lovated at the southwest corner of Dam Neck Road
and Bold Ruler Drive. Said parcel contains
15,594-48 square feet. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BORUGH
A N D,
ORDINANCE UPON APPLICATION OF NORMA R. LANCASTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2
Ordinance upon application of Norma R. Lancaster
for a Change of Zoning District Classification from
AG-2 Agricultural District to B-2 Community-
Business District on the south side of Dam Neck
Road, 74.71 feet west of Bold Ruler Drive. Said
parcel is located at 615 Dam Neck Road and contains
1.672 acres. Plats with more detailed information
are available in the Department of Planning.
PRINCESS ANNE BOROUGH.
A N Dy
ORDINANCE UPON APPLICATION OF STEVEN W. & BEVERLY
A. LANGDEAU FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Steven W. & Beverly
A. Langdeau for a Change of Zoning District
Classification from AG-2 Agricultural District to
B-2 Community-Business District on the south side
of Dam Neck Road 299.63 feet east of Dwyer Road.
Siaid parcel is located at 621 Dam Neck Road and
contains 1.17 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
1 5
Item III-F.l.a.
PUBLIG HEARING
PLANNING ITEM # 27139 (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
- 16 -
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM # 27140
Attorney R. J. Nutter (One Columbus Center, Tenth Floor Phone: 490-6000),
represented the applicant, and advised the applicant wished to AMEND their
request for a WITHDRAWAL. Attorney Nutter advised the applicant wished to
WITHDRAW their request for a curb cut for access onto Salem Road; however, the
applicant wished Orientation for development that occurred on this particular
site be REFERRED BACK TO THE PLANNING COMMISSION.
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
DENIFD RECONSIDERATION of application of SUNSTREAM PARK, ING. by SALEM LAKES
COMMERCIAL ASSOCIATES for a Change of Zoning from R-8 Residential District to
PD-H2 Planned Unit Development District.
ORDINANCE UPON APPLICATION OF SUNSTREAM PARK, INC.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO PD-H2 Z0879438 (ADOPTED August 6, 1979)
Application of Salem Lakes Commercial Associates
for a reconsideration of conditions placed on the
application for Sunsteam Park, Inc., for a Change
of Zoning District Classification from R-8
Residential District to PD-H2 Planned unit
Development District on August 6, 1979. Property is
located on the east side of Salem Road, 1400 feet
north of Elbow Road. More detailed information is
available in the Department of Planning.
KEMPSVILLE AND 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 Hobert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item III-F.l.c
PUBLIC HEARING
PLANNING ITEM # 27141
Attorney Robert Cromwell (Pembroke One Phone: 499-8971), represented the
partnership TALC ASSOCIATES - Craig Allen, Alfred Cistola, Thomas A. Cistola
and Larry Sancilio. TALC ASSOCIATES has purchased the property previously
approved by City Council for mini-warehouses on July 14, 1986 and August 11,
1986, respectively. The applicant wishes to amend this previous approval by
eliminating the Conditional Use Permit for mini-warehouses on a portion of
the property totaling 2.4 acres.
Craig Allen, a principal in TALC ASSOCIATES, also spoke in support of said
application. The applicant has proferred to Traffic Engineering when traffic
is so generated that another turn lane is deemed necesssary, the applicant
shall install same.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED the Amendment of certain Ordinances upon application of TALC
ASSOCIATES for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF TALC ASSOCIATES FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
R0786852 AND R0886860i@
BE IT HEREBY ORDAINED BY THE COUNICIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TALC Associates for a
Conditional Use Permit for mini-warehouses on
certain property locatet 468-54 feet on the north
side of Newtown Road, 957.01 feet west of Broad
Meadows Boulevard. Said parcel contains 2.954.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
*Conditional Uses for Mini-warehouses were previously APPROVED under the names
of IKE & DON, INC. AND ACQUISITION, INC. on July 14, 1986 and August 11, 1986.
The following conditions shall be required:
1. A variable width right-of-way dedication is
required along the frontage on Newtown Road, in
accordance with alignment on file in the City
Engineer's Office.
2. Category IT screening and fencing shall be provided
along boundary lines abutting the existing
residential area.
3. There shall be only one further curb cut on this
critical length of frontage on Newtown Road. Said
location shall be determined at site plan review.
4. Turn lane shall be constructed from additional
frontage, if determined to be warranted at site
plan review.
5. Public Restrooms shall be provided on-site.
- 18 -
Item III-F.l.c.
PUBLIC HFARING
PLANNING ITEM # 27141 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
This ACTION of City Council was reviewed and APPROVED by Robert Scott, Director
of Planning. Upon receipt, a revised plat will be made a part of the record.
- 19 -
Item III-G.1
RESOLUTIONS ITFM # 27142
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED:
Resolution authorizing the issuance and sale of
$46,000,000 General Obligation Public Improvement
Bonds, Series of 1987.
*This Resolution will AUTHORIZE the Bond Sale and
reinsert the funding for Ocean Lakes Elementary
School ($3,840,000 of a $6,170,000 total
authorization) previously deleted.
1986 Charter Bonds $24,100,000
School Referendum Bonds $19,500,000
Street & Highway Referendum $ 2,400,000
------------
Total Bond Issue $46,ooo,ooo
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum," Robert E. Fentress,
Harold Heischober,* Barbara M. Henley,* Mayor Robert
G. Jones,'@ Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf,* Nancy K. Parker" and John L.
Perry"
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
Items III-G.1 and Item III-G.2 were considered by City Council in reverse
order.
At a regular meeting of the City Council of the City of
Virginia Beach, Virginia, held on the 6th day of April, 1987, at
which the following members were present and absent:
PRESENT: Councilman Albert W. Balko
Councilman John A. Baum
Councilman Robert E. Fentress
Councilman Harold Heischober
Councilwoman Barbara M. Henley
Mayor Robert G. Jones
Councilwoman Reba S. McClanan
Councilman John D. Moss
Vice Mayor Meyera E. Oberndorf
Councilwoman Nancy K. Parker
Councilman John L. Perry
ABSENT: None
the following resolution was adopted by the affirmative roll call
vote of a majority of all members of the City Council, the ayes
and nays being recorded in the minutes of the meeting as shown
below:
MEMBER VOTE
Councilman Albert W.- Balko Aye
Councilman John A. Baum Aye
Councilman Robert E. Fentress Aye
Councilman Harold Heischober Aye
Councilwoman Barbara M. Henley Aye
Mayor Robert G. Jones Aye
Councilwoman Reba S. McClanan Aye
Councilman John D. Moss Aye
Vice Mayor Meyera E. Oberndorf Aye
Councilwoman Nancy K. Parker Aye
Councilman John L. Perry Aye
RESOLUTION AUTHORIZING THE ISSUANCE kND SALE OF
$46,000,000 GENERAL OBLIGATION PUBLIC IMPROVE-
MENT BONDS, SERIES OF 1987, OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED,
AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT
THEREOF
WHEREAS, the issuance of $40,000,000 bonds of the City of
Virginia Beach, Virginia (the City), was authorized by an
-2 -
ordinance adopted by the Council on August 28, 1986, and approved
by the qualified voters of the City at an election held on
November 4, 1986, to finance continuing development of the City's
street and highway system, none of which bonds have been sold;
and
WHEREAS, the issuance of $32,310,000 bonds of the City
was authorized by an ordinance adopted by Council on August 28,
1986, and approved by the qualified voters of the City at an
election held on November 4, 1986, to finance continuing develop-
ment of the City's school system, none of which bonds have been
sold; and
WHEREAS, the issuance of $24,100,000 bonds of the City
was authorized by an ordinance adopted by the Council on
December 8, 1986, without being submitted to the qualified voters
of the City, for the purposes and in the amounts shown below,
none of which bonds have been issued and sold:
ect ount
School projects including planning,
construction, e@uipping and
furnishing of schools $11,464,550
Engineering and highway projects,
including site acquisition, con-
struction, improvement, replacement,
expansion and extension of streets,
bridges and highways 6,578,255
3 -
Project Amount
Drainage projects, including dredging
Eastern Branch of Lynnhaven River and
Rudee Inlet, expansion of Canal #2,
reconstruction of Rudee Inlet bulkhead,
and studies, design, construction and
installation of drainage facilities 1,886,069
Building projects, including design,
site improvements, construction, re-
novation, equipping and furnishing
Central Library, Kempsville Public
Safety and Library ServiceS Expansion,
Fire Station #21, Human Resources
Building, Seatack Community Center
and Circuit Court law library 3,126,126
Parks and recreation projects,
including planning, improvement,
construction, enlargement and
development of parks, community
centers and golf course $ 1,045,000
$24,100,000; and
WHEREAS, it has been recommended to the Council by repre-
sentatives of Government Finance Associates, Inc. and Government
Finance Research Center (the Financial Advisors) that the City
issue and sell as a single issue of public improvement bonds
$2,400,000 of the bonds authorized for streets and highways,
$19,500,000 of the bonds authorized for schools and all of the
$24,100,000 bonds authorized for various purposes;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. There are hereby authorized to be issued and sold as
a single issue of $46,000,000 public improvement bonds $2,400,000
bonds for' streets and highways, $19,500,000 bonds for schools and
$24,100,000 bonds for various purposes as described above.
-4 -
2. The bonds shall be designated "General Obligation
Public Improvement Bonds, Series of 1987," shall be dated
April 15, 1987, shall be in fully registered form, in denomina-
tions of $5,000 and multiples thereof, and shall be numbered R-1
upward. The bonds shall mature in installments on May 1 in years
and amounts as follows:
Year Amount Year Amount
1988 $1,140,000 1998 $2,620,000
1989 2,645,000 1999 2,545,000
1990 2,625,000 2000 2,065,000
1991 2,745,000 2001 2,025,000
1992 2,770,000 2002 1,970,000
1993 2,795,000 2003 1,765,000
1994 2,890,000 2004 1,860,000
1995 2,740,000 2005 1,840,000
1996 2,650,000 2006 1,950,000
1997 2,710,000 2007 1,650,000
Each bond shall bear interest at such rate as shall be determined
at the time of sale, payable semiannually on May 1 and Novem-
ber 1, beginning on November 1, 1987, (a) from April 15, 1987, if
it is authenticated prior to November 1, 1987, or (b) otherwise
from the May 1 or November 1 that is, or immediately precedes,
the date on which it is authenticated (unless payment of interest
thereon is in default, in which case such bond shall bear inter-
est from the date to which interest has been paid). Principal
and premium, if any, shall be payable to the registered owners
upon surrender of bonds as they become due at the principal cor-
porate trust office of Citibank, N.A., New York, New York (the
Registrar%). Interest shall be payable by check or draft mailed
to the registered owners at their addresses as they appear on the
5-
registration books kept by the Registrar. Principal, redemption
premium, if any, and interest shall be payable in lawful money of
the United States of America.
3. Bonds maturing on or before May 1, 1997, are not sub-
ject to redemption prior to maturity. Bonds maturing on or after
May 1, 1998, are subject to redemption prior to maturity at the
option of the City on or after May 1, 1997, in whole at any time
or in part on any interest payment date, upon payment of the fol-
lowing redemption prices (expressed as a percentage of principal
amount of bonds to be redeemed) plus interest accrued and unpaid
to the redemption date:
Period During Which Redeemed Redemption
Both Dates Inclusive Price
may 1, 1997, to April 30, 1998 102 %
May 1, 1998, to April 30, 1999 101 1/2
May 1, 1999, to April 30,.2000 101
May 1, 2000, to April 30, 2001 100 1/2%
May 1, 2001 and thereafter 100
If less than all of the bonds are called for redemption,
the bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in
the best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the Registrar
shall select the bonds to be redeemed within such maturity by
lot. In either case, each portion of $5,000 principal amount
shall be counted as one bond for such purpose. The City shall
cause not'ice of the call for redemption identifying the bonds or
6-
portions thereof to be redeemed to be sent by registered or cer-
tified mail, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owners thereof. If a portion
of a bond is called for redemption, a new bond in principal
amount equal to the unredeemed portion thereof shall be issued to
the registered owner upon the surrender thereof.
4. The bonds shall be signed by the facsimile signature
of the Mayor, shall be countersigned by the facsimile signature
of the Clerk, and a facsimile of the City's seal shall be printed
thereon. No bond shall be valid until it has beeli authenticated
by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon.
5. The bonds shall be in substantially the following
form:
REGISTERED REGISTERED
No. R-- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
General Obligation Public Improvement Bond, Series of 1987
INTEREST RATE MATURITY DATE DATED DATE CUSIP
May 1, April 15, 1987
REGISTERED O'WNER:
-7 -
DOLLARS
PRINCIPAL AMOUNT:
The CitY Of V' rginia Beach, Virginia (the CitY), fO r value
ises to pay, upon surrender hereof at the
received, hereby prom N.A., New York, New
principal corporate trust office of Citibank,
york (the Registrar), to the registered owner hereof, or regis-
tered assigns or legal representative, the principal sum stated
stated above, subject to prior redemp-
above on the maturity date interest hereon semian-
tion as hereinafter provided, and to pay g November 1, 1987,
nually on each May I and November 1, beginnin
at the annual rate stated above. interest is payable (a) from
April 15, 1987, if this bond is authenticated prior to Novem-
ber 1, 1987, or (b) otherwise from the may 1 or November 1 that
is, or immediately Precedes, the date on which this bond is au-
thenticated (unless payment of interest hereon is in default, in
d shall bear interest from the date to which
which case this bon aid). Interest is payable by che@'t or draft
interest has been p
mailed to the person shown as owner hereof at his address as it
istration books kept by the Registrar On the
appears on the recj
15th day of the month preceding each interest payment date.
Principal, premium, if any, and interest are payable in lawful
money f the United States of America.
THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE
HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE
THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF.
All acts, conditions and things required by the Constitu-
tion and statutes of the Commonwealth of Virginia to happe n,
exist or be performed precedent to and in the is!3uance of this
bond have happened, exist and have been performed, and the issue
of bonds of which this bond is one, together with all other in-
debtedness of the City, is within every debt and other limit pre-
scribed by the Constitution and statutes of the Commonwealth of
Virginia.
This bond shall not be valid until the Registrar shall
have executed the Certificate of Authentication appearing hereon
and inserted the date of authentication hereon.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this bond to be signed by the facsimile signatures of
its Mayor, to be countersigned by the facsimile signature of its
Clerk, a facsimile of its seal to be printed hereon and this bond
to be dated April 15, 1987.
COUNTERSIGNED:
(SEAL)
Clerk Mayor
Date Authenticated:
CERTIFICATE OF AUTHENTICATION
Tliis bond is one of the bonds described in the
within-mentioned resolution.
Registrar
By
Authorized Officer
(Reverse of Bond)
ADDITIONAL BOND PROVISIONS
This bond is one of an issue of $46,000,000 General Obli-
gation Public Improvement Bonds, Series of 1987, of like date and
tenor, except as to number, denomination, rate of interest, priv-
ilege of redemption and maturity, and is issued pursuant to the
constitution and statutes of the Commonwealth of Virginia,
including the City Charter and the Public Finance Act. Of such
amount, $2,400,000 for streets and highways and $19,500,000 for
schools were authorized by ordinances adopted by the Council on
August 28, 1986, and approved at an election held on November 4,
1986, and $24,100,000 was authorized by an ordinance adopted by
the Council on December 8, 1986, without being submitted to the
voters, to finance various public improvements.
Bonds maturing on or before May 1, 1997, are not subject
to redemption prior to maturity. Bonds maturing on or after
May 1, 1998, are subject to redemption prior to maturity at the
option of the City on or after May 1, 1997, in whole at any time
or in part on any interest payment date, upon payment of the fol-
lowing redemption prices (expressed as a percentage of principal
amount ot bonds to be redeemed) plus interest accrued and unpaid
to the redemption date:
-10-
Period During Which Redeemed Redemption
Both Dates Inclusive Price
May 1, 1997, to April 30, 1998 102 %
May 1, 1998, to April 30, 1999 101 1/2
May 1, 1999, to April 30, 2000 101
May 1, 2000, to April 30, 2001 100 1/2%
May 1, 2001 and thereafter 100
If less than all of the bonds are called for redemption,
the bonds to be redeemed shall be selected by the chief financial
officer of the City in such manner as he may determine to be in
the best interest of the City. If less than all the bonds of a
particular maturity are called for redemption, the Registrar
shall select the bonds to be redeemed within such maturity by
lot. In either case, each portion of $5,000 principal amount
shall be counted as one bond for such purpose. The City shall
cause notice of the call for redemption identifying the bonds or
portions thereof to be redeemed to be sent by registered or cer-
tified mail, not less than 30 nor more than 60 days prior to the
redemption date, to the registered owner of each bond to be re-
deemed at his address as it appears on the registration books
kept by the Registrar. If a portion of this bond is called for
redemption, a new bond in principal amount equal to the unre-
deemed portion hereof will be issued to the registered owner upon
the surrender hereof.
The full faith and credit of the City are hereby irrevo-
cably pledged for the payment of principal of and interest on
this bond.
The bonds are issuable as fully registered bonds in denom-
inations of $5,000 and multiples thereof. Upon surrender of this
bond at the principal corporate trust office of the Registrar,
together with an assignment duly executed by the registered owner
or his duly authorized attorney or legal representative in such
form as shall be satisfactory to the Registrar, the City shall
execute, and the Registrar shall authenticate and deliver in ex-
change, a new bond or bonds having an equal aggregate principal
amount, in authorized denominations, of the same form and maturi-
ty, bearing interest at the same rate, and registered in names as
requested by the then registered owner hereof or his duly autho-
rized attorney or legal representative, all subject to the limi-
tations and conditions provided in the resolution authorizing the
issuance of the bonds. Any such exchange shall be at the expense
of the City, except that the Registrar may charge the person re-
questing such exchange the amount of any tax or other governmen-
tal charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the per-
son exclusively enti'tled to payment of principal, premium, if.
any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the
person shown as owner on the registration books on the 15th day
of the month preceding each interest payment date.
1 2 -
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), as-
sign(s) and transfer(s) unto
(Please print or type name and address, including postal
zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRKNSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
, Attorney, to
transfer said bond on the books kept for the registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed
NOTICE: Signatur@(s) must be (Signature of Registered Owner)
guaranteed by a member firm
of the New York Stock NOTICE: The signature above
Exchange or a commercial bank must correspond with the name
or trust company. of the registered owner as it
appears on the front of t@is
bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
6. The full faith and credit of the City are hereby
irrevocably pledged for the payment of principal of and interest
on the bonds. Unless other funds are lawfully available and ap-
propriatipd for timely payment of the bonds, the Council shall
levy and collect an annual ad valorem tax over and above all
other taxes authorized or limited by law on all locally taxable
-1 3 -
property in the City sufficient to pay the principal of and in-
terest on the bonds, as the same become due and payable.
7. The Registrar shall maintain registration books for
the registration of bonds. Upon surrender of any bonds at the
principal corporate trust office of the Registrar, together with
an assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall
be satisfactory to the Registrar, the City shall execute and the
Registrar shall authenticate and deliver in exchange, a new bond
or bonds having an equal aggregate principal amount, in autho-
rized denominations, of the same form and maturity, bearing in-
terest at the same rate, and registered in names as requested by
the then registered owner or his duly authorized attorney or
legal representative. Any such exchange shall be at the expense
of the City, except that the-Registrar may charge the person re-
questing such exchange the amount of any tax or other governmen-
tal charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the per-
son exclusively entitled to payment of principal, premium, if
any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the
person shown as owner on the registration books on the 15th day
of the month preceding each interest payment date.
-14 -
8. The City Manager, in collaboration with the Financial
Advisors, is hereby authorized and directed to take all proper
steps to advertise the bonds for sale substantially in accordance
with the form of Notice of Sale attached hereto, provided that
the City Manager, in collaboration with the Financial Advisors,
may make such changes in the Notice of Sale not inconsistent with
this resolution as he may consider to be in the best interest of
the City.
9. The printer's proof dated April 4, 1987, of an Offi-
cial Statement describing the bonds, copies of which have been
provided to members of the Council, is hereby approved as the
form of the Official Statement by which the bonds will be offered
for sale, with such completions, omissions, insertions and
changes not inconsistent with this resolution as the City Manag-
er, in collaboration with th-e Financial Advisors, may consider
appropriate. The City shall arrange for the delivery to the suc-
cessful bidder on the bonds of a reasonable number of copies of
the Official Statement for delivery to each person to whom such
bidder and members of his bidding group initially sell the bonds.
10. After bids have been received and the bonds have been
awarded, the Mayor, the City Manager and the Clerk are hereby au-
thorized and directed to take all proper steps to have the bonds
prepared and executed in accordance with their terms and to de-
liver the bonds to the purchasers thereof upon payment therefor.
-1 5-
11. The City shall not take or omit to take any action
the taking or omission of which will cause the bonds to be "arbi-
trage bonds" within the meaning of Section 148 of the Internal
Revenue Code of 1986, as amended, including regulations issued
pursuant thereto (the Code), or otherwise cause interest on the
bonds to be includable in the gross income of the registered own-
ers thereof under existing statutes. Without limiting the gener-
ality of the foregoing, the City shall comply with any provision
of law that may require the City at any time to rebate to.the
United States any part of the earnings derived from the invest-
ment of the gross proceeds of the bonds.
12. Such officers of the City as may be requested are
hereby authorized and directed to execute an appropriate certifi-
cate setting forth the expected use and investment of the pro-
ceeds of the bonds in order-to show that such expected use and
investment will not violate the provisions of Section 148 of the
Code. Such certificate shall be in such form as may be requested
by bond counsel for the City.
13. The City hereby covenants that it shall not permit
the gross proceeds of the bonds to be used in any manner that
would result in either (a) 10% or more of such proceeds being
considered as having been used directly or indirectly in any
trade or business carried on by any person other than a govern-
mental unit as provided in Section 141(b) of the Code, or (b) 5%
or more of such proceeds being considered as having been used
-16-
directly or indirectly to make or finance loans to any person
other than a governmental unit as provided in Section 141(c) of
the Code; provided, however, that if the City receives an opinion
of nationally recognized bond counsel that any such restriction
is not required to prevent the interest on the bonds from being
includable in the gross income of the registered owners thereof
under existing statutes, the City need not comply with such re-
striction.
14. All other actions of officers of the City in confor-
mity with the purposes and intent of this resolution and in fur-
therance of the issuance and sale of the bonds are hereby ap-
proved and confirmed. The officers of the City are hereby
authorized and directed to execute and deliver all certificates
and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issu-
ance, sale and delivery of the bonds.
15. The Clerk, in collaboration with the City Attorney,
is hereby authorized and directed to see to the irnmediate filing
of a certified copy'of this resolution with the Circuit Court of
the City of Virginia Beach, and within ten days thereafter to
cause to be published once in a newspaper having general circula-
tion in the City a notice setting forth (a) in brief and general
terms the purposes for which the bonds are to be issued and (b)
the amount of the bonds and the amount for each purpose.
I
1 7 -
16. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
17. This resolution shall take effect immediately.
The undersigned Clerk of the City of Virginia Beach, Vir-
ginia, hereby certifies that the foregoing constitutes a true and
correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held on the 6th day of
April, 1987, and of the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this 5T@ day of April 1987.
(SEAL)
Crerk, City df Virginia Beach,
Virginia
- 19a -
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
$46,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, SERIES OF 1987.
The Resolution ADOPTED by City Council April 6,
1987, being AMENDED from that presented in the
Agenda, is in the process of revision by the City's
Financial Consultants and not available for
printing in time to include within these MINUTES.
The City Attorney's Office will present this
Resolution to the City Clerk for inclusion in
these MINUTES immediately upon availability.
- 20 -
Item III-G.2.
RESOLUTIONS ITEM # 27143
The following spoke in OPPOSITION to the Resolution to authorize BOND
VALIDATION SUIT to transfer $6,170,000 from Ocean Lakes Elementary School to
Red Mill Farm Elementary School and Farmers' Market Junior High School. They
were not in favor of eliminating the Ocean Parks School and building a double
school in Red Mill:
Jeannie Gardner (2528 Townfield Lane Phone: 721-5255), resident of Fox Chase
at Red Mill Farm
Donna Edwards, (2508 Ravencroft Court Phone: 721-7940), resident of Fox Chase
at Red Mill Farm
Sandra Tainter, (2140 Kenwood Drive Phone: 427-1929), resident of Red Mill Farm
John Grandfield, (1317 Warner Hall Drive Phone: 427-0174), President of the
Red Mill Farm Civic Association and presented Statements in Opposition to
building a 1600 student elementary school at Red Mill Farm. (Said statements
are hereby made a part of the record).
Debra Presley, (1928 Ravencroft Lane Phone: 721-2131), resident of Fox Chase
at Red Mill Farm
James Hendrick, (827 Avatar Drive Phone: 721-5951), resident of Ocean Lakes
Shawn L. Hendrick, (827 Avatar Drive Phone: 721-5951), resident of Ocean Lakes
George Bruder, (960 Avatar Drive Phone: 721-6804), resident of Ocean Lakes
Lou Pace, (1908 Hunts Neck Court Phone: 468-0925), represented himself and
reminded City Council of its promises to the voters.
In response to Councilwoman McClanan's inquiries, the City Attorney advised the
City cannot borrow the money if the statement is taken as true, if it is not
economically feasible. The City can only borrow the money if a site at Ocean
Lakes will be built. Councilwoman McClanan advised her inital concern was that
the residents understand that the choice is between a double school being open
in 1988 or just one school being open that Fall.
Councilman Moss advised the public's concern about the lack of public
participation in the decision is most properly addressed towards the School
Board. Once the School Board has made their choices, the Council's only role,
is whether or not to fund said choices.
Councilwoman Parker referenced Ocean Lakes was projected as generating 1700
school children out of a possibile of 2600 housing units. The Hampton Roads
Sanitation District Plant in July 1987 will commence their odor abatement
program. Councilwoman Parker advised the HRSD was willing to trade to augment
the problems and she was not willing to delete the Ocean Lakes Site.
In response to Councilwoman Henley's inquiries, the City Attorney advised the
City has the option to move ahead with the Referendum APPROVING Red Mill Farm
School for 900 pupils and simply not sell the Bonds for Ocean Lakes until the
site question is resolved. The City Attorney advised the affected neighborhood
would have the opportunity to address the Court concerning the Bond Validation
Suit. The citizens must file a written statement and there are legal fees
involved.
Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City
Council DENIED: (The City shall not proceed with the Validation Suit)
Resolution to Authorize Bond Validation Suit to
Transfer $6,170,000 from Ocean Lakes Elementary
School to Red Mill Farm Elementary School and
Farmers' Market Junior High School.
- 21 -
Item III-G.2.
RESOLUTION ITEM # 27143 (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
- 22 -
Item III-H.
CONSENT AGENDA IT@l # 27144
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION 1, 2, 3, 4, 5, 6a and 7 of the CONSENT AGENDA.
"Item 6b (Raffle Permit to Tidewater Board of Realtors shall be handled
administratively. Same shall be deleted from the Agenda).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item III-H.l.
CONSENT AGENDA ITEM # 27145
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for London Bridge Road
Phase I and the acquisition of temporary and
permanent easements of right-of-way either by
agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. Mcclanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 a -
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT
OF WAY FOR LONDON BRIDGE ROAD PHASE I
AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY
EITHER BY AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that certain real property in fee simple, including temporary
and permanent easements of right of way as shown on the plans
entitled, "MAP SHOWING PROPERTY ACQUISITION FOR PROPOSED LONDON
BRIDGE ROAD," these plans being on file in the Office of Real
Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6th day of April 19 8 7. APPROVED A/ i @-' Ci@
TURE
0 62 0 8 6 DEPARTMENT
9
S TO LEGAL
AND j-,@@R
- 24 -
Item III-H.2.
CONSENT AGENDA ITEM # 27146
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND RFADING:
Ordinance to accept and appropriate $500-00 for the
acquisition of approximately 0.5 acre of State
owned residue property.
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
24a -
AN ORDINANCE TO APPROPRIATE $500.00
FOR THE ACQUISITION OF APPROXIMATELY 0.5 ACRES OF
STATE OWNED RESIDUE PROPERTY
WHERF.AS, the Commonwealth of Virginia's Department of Highways and
Transportation has determined that in conjunction with the development of the
Norfolk-Virginia Beach Toll Road excegs right-of-way has been acquired, and
WHEREAS, the Commonwealth has offered this excess right-of-way to the
City of Virginia Beach for the nominal sum of $500.00, and
WHEREAS, several departments have reviewed the site and have determined
it would be in the City's best interest to acquire this property, and
WHERF,AS, the purchase of this parcel will further enable the City of
Virginia Beach to retain open space for the enjoyment of all citizens and reserve
land for future uses.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF VIRGINIA BEACH, VIRGINIA
that $500.00 is hereby appropriated from the reserves for contingencies for the
acquisition of approximately 0.5 acres of state owned residue property, and that
these funds be transfered to the fiscal year 1986-87 operating budget of the
Department of Public Works for the purchase of that parcel.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
6 day of April 1987.
1
FIRST READING: March 30, 1987
April 6, 1987
SECOND READING:
- 25 -
Item III-H.3
CONSENT AGENDA ITEM # 27147
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $25,000 to the
Department of Mental Health, Mental Retardation and
Substance Abuse for Adolescent Substance Abuse
Services.
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
- 25a
APpiloxiE.D AS TO CONTENT
AN ORDINANCE TO APPROPRIATE $25,000 TO THE DEPARTMENT
OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE
FOR ADOLESCENT SUBSTANCE ABUSE SERVICES
WHEREAS, national attention to the pervasive substance abuse problem has
brought about federal action in the form of the Emergency Substance Abuse
Treatment and Rehabilitation Block Grant, and
WHEREAS, the Virginia Beach Department of Mental Health, Mental Retardation
and Substance Abuse, in anticipation of receipt of a share of these funds,
developed a proposal to expand services to meet the pressing needs of adolescent
substance abuse in the community, and
WHEREAS, the Virginia Department of Mental Health and Mental Retardation, in
in response to this proposal, has awarded $25,000 in such block grant funds to
the Virginia Beach Department of Mental Health, Mental Retardation and Substance
Abuse for growth in direct treatment services for youth substance abuse for
FY 1986-87, with continuation funding in the amount of $61,970 for FY 1987-88.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH,
VIRGINIA, that funds in the amount of $25,000 be appropriated to the Department
of Mental Health, Mental Retardation and Substance Abuse and that anticipated
revenue from the Commonwealth be increased by $25,000.
BE IT FURTHER ORDAINED that two full time positions be added to the
Department of Mental Health, Mental Retardation and Substance Abuse for the
duration of the Emergency Substance Abuse Treatment and Rehabilitation Block
Grant.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of 1986.
First Reading April 6, 1987
Second Reading
- 26 -
Item III-H.4
CONSENT AGENDA ITEM # 27148
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischboer, City
Council ADOPTED:
Ordinance to TRANSFER $12,000 within the Department
of Mental Health, Mental Retardation and Substance
Abuse for the Purchase of a vehicle for client
transportation.
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
- 26a -
OPPOVED AS TC) C014TENT
AN ORDINANCE TO TRANSFER $12,000 WITHIN THE DEPARTMENT
OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE
FOR PURCHASE OF A VEHICLE FOR CLIENT TRANSPORTATION
WHEREAS, the City Department of Ceneral Services, in its fleet management
and review, identified two mid-size vehicles in need of replacement for
FY 1987-88, and
WHEREAS, the Department, in order to better meet client needs, requested
that these vehicles be replaced with mini-vans or comparable vehicles capable of
transporting clients for services, and
WHEREAS, the primary use for one of these vehicles is to transport clients
in the Adult Day Treatment Program, and
WHEREAS, the Adult Day Treatment Grant awarded to the Virginia Beach
Department of Mental Health, Nental Retaardation and Substance Abuse by the State
Department of Mental Health and Mental Retardation has lapsed funds in the FY
1986-87 budget in amounts adequate to purchase such vehicle, and
WHEREAS, the State Department of Mental Health and Mental Retardation has
granted its approval to utilize these lapsed funds to purchase a vehicle for
tranport of clients,
NOW THEREFORE BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACHO
VIRGINIA, that funds in the amount of $12,000 be transferred from the Department
of Mental Health, Mental Retardation and Substance Abuse FY 1986-87 accounts wilh
lapsed funds to the departmental capital replacement account for purchase of a
mid-size vehicle for use in client transport.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
th 6th day of , 1%6.87
- 27 -
Item III-H.5-
CONSENT AGENDA ITEM # 27149
Ronald Harksen, advised approximately 6-foot of his land had been eroded by
Thalia Creek. Mr. Harkness advised he began applying for permits a year ago in
February.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Thalia Creek
extended at 3841 Silina Drive to Ronald Harksen and
Dawn L. Harksen, their heirs, assigns and
successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
5. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
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
@ rTo CONTENT 27a -
S,
Al 0
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 RIGHT-OF-WAY OF THALTA
7 CREEK EXTENDED TO RONALD
8 HARKSEN AND DAWN L.
9 HARKSEN, THEIR HEIRS,
10 ASSIGNS AND SUCCESSORS IN
11 TITLE
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, Ronald Harksen and Dawn L. Harksen their heirs, assigns
18 and successors in title are authorized to construct and maintain
19 a temporary encroachment into the right-of-way of Thalia Creek
20 Extended (fresh water canal leading into Mt. Trashmore Lake).
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining a bulkhead for
23 erosion control and that said encroachment shall be constructed
24 and maintained in accordance with the City of Virginia Beach
25 Public Works Department's specifications as to size, alignment
26 and location, and further that such temporary encroachment is
27 more particularly described as follows:
28
29 An area of encroachment into a
30 portion of the City's right-of-way
31 known as Thalia Creek Extended
32 (fresh water canal leading into Mt.
33 Trashmore Lake); as shown on that
34 certain plat entitled: "BULKHEAD
35 IN FRESH WATER CANAL AT VIRGINIA
36 BEACH, VA, DATE: 7/15/86 - MR. &
37 MRS. HARKSEN 3841 SILINA DR.
38 VIRGINIA BEACH VA LOT 3, BLK 4,
39 SECT 5 WINDSOR WOODS" a copy of
40 which is on file in the Department
41 of Public Works and to which
42 reference is made for a more
43 particular description.
44
45 PROVIDED, HOWEVER, that the temporary encroachment
46 herein authorized shall terminate upon notice by the City of
47 Virginia Beach to Ronald Harksen and Dawn L. Harksen their heirs,
48 assigns and successors in title and that within thirty (30) days
- 27b -
49 after such notice is given, said encroachment shall be removed
50 from the City's right-of-way of Thalia Creek Extended (fresh
51 water canal leading into Mt. Trashmore Lake); and that Ronald
52 Harksen and Dawn L. Harksen their his heirs, assigns and
53 successors in title shall bear all costs and expenses of such
54 removal.
55 AND, PROVIDED FURTHER, that it is expressly understood
56 and agreed that Ronald Harksen and Dawn L. Harksen their heirs,
57 assigns and successors in title shall indemnify and hold harmless
58 the City of Virginia Beach, its agents and employees from and
59 against all claims, damages, losses and expenses including
60 reasonable attorney's fees in case it shall be necessary to file
61 or defend an action arising out of the location or existence of
62 such encroachment.
63 AND, PROVIDED FURTHER, that this ordinance shall not be
64 in effect until such time that Ronald Harksen and Dawn L. Harksen
65 execute an agreement with the City of Virginia Beach encompassing
66 the afore-mentioned provisions.
67 Adopted by the Council of the City of Virginia Beach,
68 Virginia, on the 6th day of April 19 87
69
70
71 JAS/ih
72 03/03/87
73 CA-87-02169
74 (encroach\Harksen.ord)
2
- 28 -
Item ITI-H.6.
CONSENT AGENDA ITEM # 27150
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED:
RAFTLE PERMIT: Animal Assistance League
RAFFLE PERMIT for Tidewater Board of Realtors was
DELETED from the AGENDA as same shall be handled
administratively.
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
- 29 -
Item III-H.7
CONSENT AGENDA ITEM # 27151
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $7,295-58 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO, C.A. 0 REV, 29a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty [nt. Total
Year Paid
Paul Leonard
T/A Paul Leonard Plumbing
2960 Summer Haven Road
Va. Beach, VA 23451 1986 Audit 109.34 109.34
Certified as to Payment:
@obert P. Vaughan-
Commissioner of the Revenue
rm:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 0 9. 34 were approved by the Council
of the City of Virginia Beach on the day of April 19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 MV. &M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Grossmans Inc.
T/A Moores super Stores Inc.
P 0 Box 2908
Roanoke, VA 24001 1986 Audit 4,179.21 4,179.21
Leonard Buildings Of Norfolk, Inc.
P 0 Box 1125
Mount Airy, NC 27030 07/15/86 Audit 700.00 700.00
Louis iiannine & Riter Warren
T/A Residential & Commercial Roofing
137 Chinook Street
Va. Beach, VA 23462 1984 Audit 122.03 122.03
Certifie@ as to Payment:
@ert P. Vaughan
Commissioner of the ue
Approved as to form:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $5,001.24 were approved by the Council
of the City of Virginia Beach on the day of April 19 27
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 MV,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CFRY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Delco Leasing Inc.
P 0 Box 61773
Va. Beach, VA 23462 1984/86 Audit 159.34 159.34
Gerardo M. Deleon
T/A Lady 0 Bird Services
1605 Rector Court
Va. Beach, VA 23454 1986 02/09/87 30.00 30.00
Gordon L. Mason M D P C
4004 Oceanfront, #1901
Va. Beach, VA 23451 1986 Audit 1, 172. 4 3 1, 172.4 3
Certified as to Payment:
Vobert P. Vaughan
Commissioner of the eevenue
App,wved as
e Bms."
C,ty Att.,ney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $1,361.77 were approved by the Council
6th April 87
of the City of Virginia Beach on the- day of .19 -
Ruth Hodges Smith
City Clerk
FORM t4O. C.A@ 8 FIEV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon caftification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int. Total
Year Paid
Adams Corp.
T/A M R Adams Quarter Horse
2277 Princess Anne Road
Va. Beach, VA 23456 1986 Audit 28.01 28.01
Block Industries Inc.
T/A Newport Sportwear Outlet Mall
P 0 Box 420
Wilmington, NC 28403 1983/85 Audit 258.52 258.52
Carolina Cooling & Heating Inc.
234 E. Montgomery Street
Henderson, NC 27536 1985/86 Audit 536.70 536.70
Certified as to Payment:
rt P. Vaughan
Commissioner of the Revenue
Apppoved as to fgrm:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8 2 3. 2 3were approved by the Council
of the City of Virginia Beach on the 6th day of April '1987
Ruth Hodges Smith
City Clerk
- 30 -
Item III-I.2.
APPOINTMENTS ITEM # 27152
BY CONSENSUS, City Council REMOVED the APPOINTMENTS from the AGENDA:
Military Liaison Committee
Ocean Lakes Fact Finding Committee
Resort Area Advisory Committee
- 31 -
Item III-K.1
NEW BUSINESS ITEM # 27153
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council CANCELLED the City Council Meeting of May 25, 1987, Memorial Day, and
did not RESCHEDULE.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item III-K.2
NEW BUSINESS ITEM # 27154
ADD-ON
BY CONSENSUS, City Council APPROVED the PROPOSED SCHEDNE for consideration of
the FY 1987-1988 OPERATING BUDGET:
April 15 BUDGET WORKSHOP 4:00 - 7:00 P.M. CONFERENCE ROOM
April 23 BUDGET WORKSHOP 4:00 - 7:00 P.M. CONFERENCE ROOM
April 30 PUBLIC HEARING 7:00 P.M. PAVILION
MaY 4 BUDGET RECONCILIATION 10:00 A.M. - 12:00 NOON CONFERENCE ROOM
WORKSHOP
may 11 PUBLIC HEARING AND 2:00 P.M. COUNCIL CHAMBERS
FIRST READING
MaY 14 SPECIAL SESSION 12:00 NOON COUNCIL CHAMBERS
SECOND READING
- 33 -
Item III-L.l.
RECESS INTO EXECUTIVE
SESSION ITEM # 27155
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Councilman Heischober, seconded by Councilman Fentress, City Council
RECESSED into EXECUTIVE SESSION for discussion of Personnel and Legal Matters,
after which to adjourn (4:20 P.M.)
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
Evaluation of Council Appointees was included under
the Section related to PERSONNEL MATTERS
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
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 t John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item III-L.1
ADJOURNMENT ITEM # 27156
Upon motion by Councilman Baum, seconded by Councilwoman Parker, and BY
ACCLAMATION, City Council ADJOURNED the Meeting at 5:40 P.M-
Beverly@@0. Hooks
Chief Deputy City Clerk
-Kuth Hodge@ Smith, CMC
City Clerk
City of Virginia Beach
Virginia