DECEMBER 8, 1986 MINUTES
(2it-@"f- -Vii-@it-licA 13@--tk2il
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, A, L,,,
VICL MAYOR MEYERA E OBERNDORF, Al U,,
ALBERT W BALKO, L,@@h,-@ P-..,h
JOHN A. BAUM, Bi@.@l, B,@,h
ROBERT E FENTRESS, Vi,i@i, 8 ... h @o.,h
HAROLD HEISCHOBER, Al @,@
BA"ARA M HENLEY, P.@,@ B,@.,h
REBA S. M,CLANAN, Pi@,,, A@@, &@@,h
JOHN D MOLSLS, K,@,@iii, @-,h
NAN(:Y K PARKER, A, L,,, ww@ CITY IL
JOHN L. PLRRY, @,,i&
281 CaT HALL BUILDING
MUNICIPAL CENTER
RUTB HODGES SMITH, CMC, Cil, Cl@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 %@2
(804) 427 4303
8, 1986
ITEM I. CAMIL CONFERENCE SESSION: - Conference -12:30 PM
A. CITY CONCERBTS
ITEM ii. INFO@ SFSSION: - Conference - 1:00 PD4
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROM CALL OF COUNCIL
C. MOTION TO RB= I@ @IVE SESSION
ITEM III. @ SESSION: - s - 2:00 Pm
A. INVOCATION: Revererid Andrew W. Ba-Ilentine, Jr.
@uel Lutheran Church
B. OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF @ICA
C. ELECTRONIC RML CALL OF CITY COLNCIL
D. ADOPTION OF I@ FOR THE Fo@ AGENDA
E.
1. INFO@ & FO@ SESSIONS: Dec@ 4, 1986
F. PUBL.IC
1. SCHOOL BOARD APPO
2.
a. ordinance for the discontinuance, closure and abando@t of a
portion of Holly Avenue in the petition of South Bay As@tes
begiming at the eastern boundary of Jade Street and running a
distance of 167.04 feet along the southern boundary of Lot 15,
Block 8, Lynnhaven Shores, parcel is 25 feet in width, containing
4,180.75 square feet, (L@ven Borough).
EXTENSION OF TIMF, FOR C@IANCE approved by City (buncil on
Novcnber 3, 1986.
P,ec ation: FINAL APP
b. Application of e M. J Auto Sales, Inc. for a
Conditional Use Permit for au ile sales and r@ on
property located at 216 First Cblonial Boad, containirig 32,670
square feet, (Lynnhav- Borough).
Rec ation: APP
c. Applications of Midas Realty aticn on property located at
the northeast corner of Holland Boad and Hayes Avenue on Lcrts 1-5
and 11-15, Block 3, Pecan Gardens, containing 25,265 sqaare feet,
(Princess Anne 130rough):
Change of Zoning frcrn A-1 Apartment District to B-2 Ccmunity-
Business District;
AND,
Coriditional Use Permit for an autcmotive r aci-Iit
DEFERRED by City (buncil on October 20, 1986.
Rec@ndation: DENIAL
d. Applications of Midas @ty ation on property located 100
feet north of Holland Poad, 130 feet east of Hayes Avenue on
Lot 6, Block 3, Pecan Gardens, containing 2,500 square feet,
(Princess Arme Borough):
@ge of Zc)ning from A-1 Apartment District to B-2 ccmnlmity-
Business District;
AND,
Conditional Use Permit for an autcmcrtive repair facility.
Bec ation: APPROVAL
e. Application of Parker oil y for a (brr,-iitional Use Permit
for an autcmcbile service station in conjunction with a
corrvenience store on property located at the southwest oorner of
Princess Anne Road and Indian River @ad, containing 34,@
square feet, (PLingo Borough).
WY@ by City Cbuncil on Nov@er 17, 1986.
Reccmeridation: @
G. ORDINANCE
1. Ordinance upon READING establishing the Tax @ on Real
Estate for Tax Fiscal Year 1988.
2. Ordinance uoon READING authorizing the issuance of Public
Improv of the City of Vi@ia Beach in the maxiffm amc)unt
of $24,100,00.
H.
All matters listed under the Cbnsent Agenda are considered in the
ordinary course of business by City Cc)uncil and will be enacted by one
motion in the fom listed. If an item is r@ed frcm the ODnsent
Agenda, it will be discussed and voted upon sepalrately.
1. Resolution consenti-ng to the transfer of assets, including the Cable
Television kyanchise, frcm Cox Cable Virginia , Inc. to Cox
Cable I Inc. conditioned on tlie continued and
uninterrupted ccmpliance by CC)x Cable n Poads, Inc. with the
tenTLs and conditions of the existing Eranchise agreement.
2. Ordinance to @ ar)d REORDAIN the Code of the City of Virginia
Beach, Virginia, by adding Section 4-92 pertain@ to records and
reports for organizations conducting Bingo gams and Raffles.
3. Ordinance to authorize acquisition of property in fee s@le for
right-of@y for Rosemont @ Phase III and the acquisition of
tEmporary and pennanent easements of right-of-way, either by
agreErnent or by cond@tion.
4. Ordinance L4?on SECOND READING to appropriate $177,590 for
lease/purchase of new pagers a-nd to transfer $30,025 within the FY
1986-1987 operating budget of @ency Services for the
first annual pa@t.
5. Ordinance upon WMING to accept and appropriate $73,@ for
rebabil3.tat2ng qualif@ non-v@ent offenders frcm the State
penitentiaries frctn the Depar@t of Cbrrections suppl@ting the
ty Diversu)n Incentive Progran budget for FY 1986-1987.
6. Ordinance to transfer furids frcui the reserve for contingency to the
CircLut Cburt Clerk for thp- print@ of r@rds in the
amount of $13,037.
7. Ordinance to authorize a tempc)rary encroac@t into a portion of the
City's property known as lake Joyce and a 25-foot strip surrounding
Lake Joyce to J. and Jeame D. Atkinson and Rcbert W. and
Christian L. their heirs, assigns and successors in title.
8. Ordinance to authorize teraporary encroaclnents into pdrtions of the
rights-of@y of Atlantic Avenue and 14th Street to the Sandcastle
I Inc., its assigns and successors in title.
9. Bingo/Raffle Permits:
a. An@ Assistance League Bingo
b. St. Nicholas Greek Orthodox Church Bingo
c. Chesapeake Bay &ating Club Bingo/Raffle
d. Etiends of @ll Skaters/ Birxgo/Faffle
River @ting club
e. Tidewater Center for Hu-nan Growth Bingo/Raffle
f. Old ion Aquatic Club Bingo
10. Ordinance authori@ tax refunds in the atuunt of $19,631.43.
ii. ordinance authorizing license refunds in the anount of $3,338.49.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
1. Interim F Sta ts for the period July 1, 1986 through
October 31, 1986.
K. ADJ
Item III-E.2.
MINUTES ITFII # 26559
Upon motion by Councilwoman Henley, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 8, 1986, AS
CORRECTED:
ITEM # 26522, Page 18
ORDINANCE UPON APPLICATION OF PARKER OIL COMPA14Y FOR
A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION IN CONJUNCTION WITH A CONVENIENCE STORE
R012686999
Condition 2 shall be eliminated:
2. There shall be three (3) comercial curb cuts: one
(1 ) on Indian River Road, and two (2) on Princess
Anne Road.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 8, 1986
The COUNGIL GONFERENCE SESSION of the VIRGINIA BFAGH CITY COUNCIL was called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, December 8, 1986 at 12:35 P.M-
Council Members Present:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Vice Mayor Meyera E.
Oberndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Cotincil Members Absent:
Councilwoman Reba S. McClanan (ENTERED: 12:35 P.M.)
Councilman Harold Heischober (ENTERED: 12:55 P.M.)
Councilman John Baum (ENTERED: 1:05 P.M.)
- 2 -
M A T T E R S B Y M A Y 0 R
ITEM # 26502
The Mayor referenced a Volume which came from Public Technology, of which the
City is a Member. Contained therein is a compilation of solutions to the
problems of City Government throughout the Country. The most notable one is in
the category of PUBLIC WORKS AND GENERAL SERVICES. The Professional
Techonology Institute (PTI) presented the City of Virginia Beach with an Award
for David Little's Electronic Mapping Program. David Little's project was
selected as the outstanding project for the computerization of parcel-based
maps and land records. Mayor Jones believed it would be appropriate to have Mr.
Little on stage during the City Employee Recognition Awards on Thursday,
December 11, 1986. The Mayor requested the entire City Council observe an
exhibition of this Computer Mapping Program.
The Mayor advised of further submittals contained within the Volume. Health
and Human Services had four solutions. Also there was a Finance Award for some
particular computer modeling.
The City Manger advised Staff will arrange a presentation of David Little's
Computer Mapping Program.
ITEM # 26503
The Mayor also referenced the HOLIDAY on January 19, 1987, in observance of
MARTIN LUTHER KING'S BIRTHDAY. BY CONSENSUS, City Council will RESCHEDULE the
City Council Meeting to Tuesday, January 20, 1987.
ITEM # 26504
The Mayor advised the MINUTES of Thursday, December 4, 1986, had been
delivered to City Council. BY CONSENSUS, City Council will review the MINUTES
and DEFER APPROVAL until the City Council Meeting of December 15, 1986.
ITEM # 26505
Comments concerning the Child Development Report will be SCHEDULED for the
City Council Meeting of December 15, 1986.
ITEM # 26506
Councilwoman Henley had inquired as to whether City Council would convene
earlier for a workshop to be BRIEFED relative the "tax increase" resulting from
the Referenda and a proposal by Councilman Heischober. Councilwoman Henley
suggested written information be forwarded concerning this Proposal in the
AGENDA of December 15, 1986.
The Mayor advised the INFORMAL SESSION of December 15, 1986, will be
SCHEDULED earlier to allow City Council to be BRIEFED on the new proposal by
Councilman Harold Heischober.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 26507
Councilwoman Henley referenced information received from the Staff. All of the
REFERENDA SCHOOLS will open in September of 1989. The Flyer forwarded by the
Virginia Beach School System advised the Schools would all be open as of
January, 1989. From the Capital Improvement Program figures, it was assumed
that at least two of them would be opened in September of 1988. The Voters
of the REFERENDA had anticipated a year earlier opening of the Schools.
The City Staff will research and advise City Council.
ITEM # 26508
Councilman Balko advised of a Meeting attended by Andy Moore, Emmett Sanford
and the City Manager as well as other interested parties concerning the
Virginia Beach City MARINA at Lynnhaven. Said MARINA should be abandoned by
January 1, 1987. The CONSENSUS is to repair the MARINA as soon as possible
either through a private vendor or the City. The present occupants of the boat
slips would be the ones returning. Emmett Sanford represented the Watermen and
Andy Moore represented the Recreational Boaters. Various scenarios were
discussed perhaps utilizing WAIVERS of liability and installing a fence to
only be accessed by licensed owners. The Staff photographed underwater scenes
depicting the disrepair of the MARINA. The gas tanks are also leaking.
Councilman Fentress asked whether the repairs could be accomplished in phases.
As the MARINA was twenty (20) years old, it was bound to be deteriorated. The
City Attorney was asked to investigate a "Hold Harmless" Agreement.
ITEM # 26509
Vice Mayor Oberndorf advised of the requests of Emmett Sanford, representing
the WATERMEN:
1. The Watermen requested assurance of the same number
of boat slips.
2. The Watermen requested being able to off-load even
during the repairs.
3. The Watermen requested assurance their fees for
renting the slips and the use of the Marina would
be reasonable after the renovation.
Mr. Sanford also inquired about the "Hold Harmless" agreement. The City
Attorney advised as a concept an "Indemnity", a "Hold Harmless" Agreement can
be drafted and a Bond could be posed in surety form. Vice Mayor Oberndorf
referenced a rumor that a member of the community has been given a contract to
sublet the MARINA. The City Manger advised this was incorrect. "No deal has
been struck".
The City Manager advised the City, for a number of years has been concerned as
to how MARINA Slips would be available to the WATERMEN. It has only been very
recently that the City has been able to develop the programs, and this program
will be continued, as long as the the City continues to operate the MARINA.
- 4 -
C 0 N C E R N S 0 F C 0 U N C I L
ITEM # 26509 (Continued)
The Attorney's Office and Risk Management are still investigating off-loading
by the WATERMAN during the Repair period.
Vice Mayor Oberndorf advised the WATERMEN had requested a commitment by the
City that the repair work would be accomplished by April. Vice Mayor Oberndorf
further referenced the WATERMEN stated the Pier and the MARINA were built too
high.
ITFI,l # 26510
Councilman Moss referenced the Ordinance upon application of SUMMIT
PROPERTIES, INC. for a Change of Zoning District Classification from B-2
Community-Business District to H-1 Hotel District ADOPTED by the City Council
on October 27, 1986. Captian J. J. Drew had advised said application lies in
the Naval Air Station Oceana Air Installations Compatible Use Zones (AICUZ)
High Noise Zone Three. The Commonwealth Attorney confirmed Councilman Moss was
not in CONFLICT OF INTEREST by voting on said matter.
The Commonwealth Attorney also advised Councilman Moss nay vote on all items
contained within the City's BUDGET with the exception of the Schoool
Instructors' Salaries.
- 5 -
ITEM # 26511
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,
December 8, 1986 at 1:02 P.M.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum (ENTERED: 1:05 P.M.)
- 6 -
ITEM # 26512
Mayor Jones entertained a motion to permit City Council to conduct its
MCUTIVE 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 Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 7 -
F ORM A L S E S S ION
VIRGIIIIA BEACH CITY COUNCIL
December 8, 1986
2:10 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, December
8, 1986 at 2:10 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: The City Clerk gave the INVOCATION in the
absence of the Minister.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
APPROVAL OF ITEKS FOR THE FOR14AL AGENDA
ITEM # 26513
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.
Item III-D.1 ITEM # 26514
The City Clerk referenced an Ordinance upon SECOND READING establishing the Tax
Levy on Real Estate for Tax Fiscal Year 1988. (See Item III-G.1 under
ORDINANCES).
This Ordinance should be DELETED from the AGENDA. Because of RESCHEDULING, the
AGENDA for December 8, 1986, was printed prior to the City Council Meeting of
December 4, 1986. City Council on the aforementioned date DEFERRED the
Ordinance until the City Council Meeting of December 15, 1986.
Item III-D.2 ITEM # 26515
The City Clerk referenced a Resolution consenting to the transfer of assets,
including the Cable Television Franchise, from Cox Cable Virginia Beach, Inc.
to Cox Cable Hampton Roads, Inc. conditioned on the continued and uninterrupted
compliance by Cox Cable Hampton Roads, Inc. with the terms and conditions of
the existing Franchise agreement. (See Item III-H.1 of the CONSENT AGENDA).
This item will be pulled for a separate vote, as there are speakers registered.
- 9 -
Item III-E.1
MINUTES ITEM # 26516
BY CONSENSUS, City Council DEFERRED until the City Council Meeting of December
15, 1986, APPROVAL of the MINUTES of the INFORMAL & FORMAL SESSIONS of December
4, 1986.
The MINUTES Of Thursday, December 4, 1986, were delivered to City Council at
their INFORMAL SESSION, Monday December 8, 1986.
- 10 -
Item III-F.l.
PUBLIC HEARING
SCHOOL BOARD APPOINTMENTS ITF14 # 26517
The MayQr DECLARED A PUBLIC HEARING concerning:
SCHOOL BOARD APPOINTMENTS
Colonel Howard Williams, Ret. , colleague at Norfolk State University, spoke
in favor of Dr. Boyd Jones,
D. M. Corum, business acquaintenance for three and one 'half years, spoke in
behalf of Gerald Gibbs appointment. Mr. Corum read into the record a letter
from Dr. Robert J. Jeffries in support of his qualifications.
Robert Jones, President of the Virginia Beach Education Association,
commended City Council on the procedure of SCHOOL BOARD APPOINTMENTS.
Dr. Bernard Pendleton, an acquaintenance since World War II and a colleague
at Norfolk State University, spoke in behalf of Dr. Boyd Jones.
Helen Moore, acquaintenance of a number of years, spoke in behalf of Dr.
Boyd Jones, cited outstanding leadership in role of President of the L & J
Gardens Civic League.
Stanley Harrison, Teacher Advisor, acquaintenance for thirty (30) years,
spoke in behalf of Dr. Joshua Edwards, cited his importance as an able,
effective and dedicated educator. Mr. Harrison presented two letters from
co-workers: Iris G. Brown, Head - Department of Health Education - Norfolk
State University and Lucias T. Mitchell, Associate Professor - Physical
Education - Norfolk State University. (Said Letters are hereby made a part
of the record.)
Item III-F.2.a-e
PUBLIC HEARING
PLANNING IT-PM # 26517
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
a. SOUTH BAY ASSOCIATES STREET CLOSURE
b. LONNIE M. JOHNSON-TAMCO AUTO SALES, INC. CONDITIONAL USE PERMIT
c. MIDAS REALTY CORPORATION CHANGE OF ZONING
CONDITIONAL USE PERMIT
d. MIDAS RFALTY CORPORATION CHANGE OF ZONING
CONDITIONAL USE PERMIT
e. PARKER OIL COMPANY CONDITIONAL USE PERMIT
- 12 -
Ttem TTT-F.2.a.
PUBLIC HFARING
PLANNING ITEM # 26518
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of SOUTH BAY
ASSOCIATES for the discontinuance, closure and abandonment of a portion of
Holly Avenue.
Application of Associates of South Bay for the
discontinuance, closure and abandonment of a
portion of Holly Avenue beginning at the eastern
boundary of Jade Street and running a distance of
167-04 feet along the Southern boundary of Lot 15,
Block 8, Lynnhaven Shores. Said parcel is 25 feet
in width and contains 4,180.75 square feet.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Goiincil Members Absent:
None
12a -
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 25 FEET WIDE
KNOWN AS HOLLY AVENUE
LOCATED IN LYNNHAVEN BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Associates of SOUTH BAY, INC.,
a virginia corporation, would make application to the City
Council of the City of Virginia Beach, Virginia, to have the
hereandafter described portion of that certain undeveloped
street, 25 feet wide, known as Holly Avenue closed, vacated,
and discontinued was duly advertised; and
WHEREAS the Petitioner as owning the underlying fee to
said street which is affected by its closure, has requested
that said street be closed; and
WHEREAS, application was made to the City Planning
Commission and to the City Council, and, pursuant to the
statues in such cases made and provided, the Council appointed
Viewers who have reported to the Council that no inconveniences
to the public or to the private individuals would result from
such closings, vacating and discontinuance; and
WHEREAS, it is the judgment of the Council that the said
street should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
section 1. That the said undeveloped street 25 feet wide
known as Holly Avenue described below, located in the Lynnhaven
December 8, 1986
12b
Borough in the City of Virginia Beach, virginia, is hereby
closed, vacated, and discontinued, said street not being needed
for public use;
@LL OF THAT certain parcel of land, located
immediately north of the old Norfolk and
Southern Railroad right of way and
immediately east of 10th Street (now Jade
Street) and immediately south of Lot 15 in
Block 8, all as shown on the Plat of
Lynnhaven Shores, which plat is recorded in
the Office of the Clerk of the Circuit Court
of the City of Virginia Beach, Virginia, in
Map Book 7, at Page 167, and being more
particularly bounded and described as
follows; BEGINNING at the southeast corner
of the above-described Lot 15, in Block 8,
as shown on the aforesaid Plat of Lynnhaven
Shores and from said point of beginning
runhing south 09055120" east a distance of
25.00 feet along the boundary lin@
separating the land herein conveyed from the
land previously conveyed by Windsor
Investors, Ltd., a Virginia corporation, to
Lynn Beach Associates, II by deed recorded
in Deed Book 2357, at Page 1814, in the
Clerk's Office aforesaid, to a point located
in the north right of way line of the
above-described old Norfolk and Southern
Railroad right of way; thence turning and
running south 7914110011 west, along the
above described north right of way line of
the aforesaid old Norfolk and Southern
Railroad right of way, a distance of 166.87
feet to a point located in the above
described north right of way of the
aforesaid old Norfolk and Southern Railroad
right of way; thence turning and running
north 10019100" west a distance of 25.00
feet to a point which is the southwest
corner of the above-described Lot 15, in
Block 8, as shown on the Plat of Lynnhaven
Shores; thence turning and running north
79@41100" east along the south boundary line
of the above described Lot 15, in Block 8,
as shown on the aforesaid Plat of Lynnhaven
Shores a distance of 167.04 feet to the
10 .. point and place of beginning of the
-2-
December 8, 1986
12c
description of the land conveyed herein and
being shown as "Holly Avenue (25' R/@i)
(undeveloped)" on the attached physical
survey.
Section 2. A copy of this Ordinance, certified by the
ClerK, be spread upon the public records in the Clerk's office
of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the name of the City of Virginia Beach as
Grantor.
Section 3. That this Ordinance shall be effe6tive
ixty (60) days from the date of its adoption.
dopted:
A, 10 CONTENT
FIIIAL APPROVAL: D@,@.b@, 8, 1986
-3-
- 13 -
III-F.2.b.
PUBLIC HEARING
PLANNING ITEM # 26519
Attorney Grover Wright represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTFD an Ordinance upon application of LONNIE N. JOHNSON - TAMCO AUTO SALES,
INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LONNIE M. JOHNSON -
TAMCO AUTO SALES, INC. FOR A CONDITIONAL USE PERMIT
FOR AUTOMOBILE SALES AND REPAIR R01286996
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lonnie M. Johnson -
Tamco Auto Sales, Inc. for a Conditional Use Permit
for automobile sales and repair on Lots 9 and 10,
Block 11, Oceana Gardens. Property is located at
216 First Colonial Road and contains 32,670 square
feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. Category II screening along the eastern property
line.
3. A fenced area for storage of cars to be repaired
is to be provided.
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
4
Item III-F.2.c.
PUBLIC HEARING
PLANNING ITEM 26520
Attorney Michael Inman represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED Ordinances upon application of MIDAS REALTY CORPORATION:
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CHANGE OF ZONING FROM A-1 TO B-2
Z012861132
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of MIDAS Realty
Corporation for a Change of Zoning District
Classification from A-1 Apartment District to B-2
Community-Business at the northeast corner of
Holland Road and Hayes Avenue on Lots 1-5 and 11-
15, Block 3, Pecan Gardens. Said parcels contain
25,265 square feet. PRINCESS ANNE BOROUGH.
ANDt
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE REPAIR FACILITY R01286997
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MIDAS Realty
Corporation for a Conditional Use Permit for an
automotive repair facility at the northeast corner
of Holland Road and Hayes Avenue on Lots 1-5 and
11-15, Block 3, Pecan Gardens. Said parcels
contains 25,265 square feet. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Category II screening provided along the northern
and eastern boundaries of the Site where the site
fronts the existing residential and office
developments.
2. Redrawing of the site plan to conform to the
setback requirements in the Comprehensive Zoning
Ordinance.
3. Deed restriction recorded which will limit access
to the site to the ingress-egress easement over
Lots 15 and 16, Block 3, Pecan Gardens described in
the Agreement and Deed of Easement between Fred
Jacobsen and Midas Realty Corporation presented to
the Planning Department on October 29, 1986.
4. Conservation of trees on the paper street to the
North, subject to the aproval of the City Arborist
and shrubbery shall be consistant with that
depicted on the Site Plan.
5. The Signs shall be "monument" type to comply with
the Sign Ordinances ADOPTED by City Council on
September 29, 1986.
6. The storage area, as depicted on the site plan, for
the disposed pipes and mufflers shall be built out
of the same material as the rest of the structure
with a height sufficient to obscure the view Of
those types of materials.
5
Item III-F.2.c
PUBLIC HEARING
PLANNING ITEM 26420 (Continued)
These Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth day of December, Nineteen Hundred and Eighty-six.
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
Applications III-F.2.c and III-F.2.d were voted upon together.
- 16 -
Item III-F.2.d.
PUBLIC HEARING
PLANNING ITEM # 26521
Attorney Micahel Inman represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED Ordinances upon application of MIDAS REALTY CORPORATION:
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 TO B-2 Z012861133
BE IT HEREY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MIDAS Realty
Corporation for a Change of Zoning District
Classification from A-1 Apartment District to B-2
Community-Business District on certain property
located 100 feet north of Holland Road, 130 feet
east of Hayes Avenue on Lot 6, Block 3, Pecan
Gardens. Said parcel contains 2500 square feet
more or less. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MIDAS REALTY
CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR FACILITY R01286998
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of MIDAS Realty
Corporation for a Conditional Use Permit for an
automotive repair facility on certain property
located 100 feet north of Holland Road, 130 feet
east of Hayes Avenue on Lot 6, Block 3, Pecan
Gardens. Said parcel contains 2500 square feet
more or less. PRINCESS ANNE BOROUGH.
- 17 -
Item III-F.3.d
PUBLIC HFARING
PLANNING TTEM # 26521 (Continued)
The following conditions shall be required:
1. This parcel must be incorporated into the larger
parcel comprised of Lots 1-5 and 11-15, Block 3,
Pecan Gardens by vacation of interior lot lines.
2. Deed restriction recorded which will limit access
to the site to the ingress-egress easement over
Lots 15 and 16, Block 3, Pecan Gardens described in
the Agreement and Deed of Easement between Fred
Jacobsen and Midas Realty Corporation presented to
the Planning Department on October 29, 1986.
3. Category II screening provided along the northern
and eastern boundaries of the site where the site
fronts the existing residential and office
developments.
4. A variable width dedication 55.5 feet from the
centerline of the existing Holland Road.
5. Conservation of trees on the paper street to the
North, subject to the approval of the City Arborist
and shrubbery shall be consistant with that
depicted on the Site Plan.
6. The Signs shall be "monument" type to comply with
the Sign Ordinances ADOPTED by City Council on
September 29, 1986.
7. The storage area, as depicted on the site plan, for
the disposed pipes and mufflers shall be built out
of the same material as the rest of the structure
with a height sufficient to obscure the view of
those types of materials.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of December, Nineteen Hundred and Eighty-six.
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
Applications TII-F.2.c and III-F.2.d were voted upon together.
17a -
AGREEMENT AND
DEED OF EASEMENT
THIS DEED made this _ day of 1986, by
and between FRED JACOBSON (hereinafter called "Jacobson");
and MIDAS REALTY CORPORATION, a Delaware corporation
(hereinafter called 'oMidas");
W I T N E S S E T H:
That WHEREAS, the parties are owners of adjoining real
property on the south side of Holland Road in the City of
virginia Beach, Virginia; and
WHEREAS, the parties each intend to develop said
properties in the proximate future and have devised a plan
whereby each can make a mutually beneficial use of part of
the property of the other from time to time by sharing a curb
cut onto Holland Road;
NOW, THEREFORE, in consideration of the mutual benefits
conferred and obligations undertaken, and other good and
valuable consideration, the parties do agree to the following
and grant and convey the followipg easements -lo each other:
1. Midas shall install a cement driveway apron and
paving material on the area shown as Mutual Ingress and
Egress Easements on that certain plat entitled "Plat Showing
Mutual Ingress-Egress Easement Over and Across Remaining
Portion of Lots 15 and 16, Block 3, PeCan Gardens, Princess
Anne Borough, Virginia Beach, Virginia', dated October 21,
1986, said plat being attached hereto as Appendi)i A, to be
recorded simultaneously herewith in the Clerk's Office of the
Circuit Court of the City of Virginia Beach (hereinafter
referred to as the "Easement Area"). Such installation shall
be accomolished solely at the expense of Midas.
2. Jacobson grants and conveys to Midas and its
successors in title, invitees, li.censees and tenantb, a
perpetual easement over that portion of Lot 16 included in
N, LEE, OLIVIERI
)FF@N, P C
,@ . L-
the "Easement Area" designated "Mutual Ingress and Egress
Easement" for the sole purpose of entering and exiting the
site.
3. Midas grants and conveys to Jacobson and hi.s
successors in title, invitees, tenants and li
censees, a
PerPetual easement over that area designated "Mutual Ingress
and Egress Easement", as shown on said plat, affecting Lot
15, for the sole purpose of entering and exiting the
property.
4. Jacobson and Midas hereby grant and convey to the
present-record owners of Lots 17 and 18, Block Three, Pecan
Gardens (map Book 7, at page 70), and their successors in
title, invitees, licensees and tenants, the right of ingress
and egress over and through the Easement Area for the sole
purpose of entering and exiting said lots.
5. The parties shall be responsible for maintaining the
pavinq and concrete on the easement area on their respective
lots as shown on the said plat. In the event one party does
not cooperate reasonably with regard to proper and necessary
maintenance, the adjoining owner may per"orm such necessary
rnaintenance and the non-performing owner shall be liable to
pay to the adjoining owner all actual costs relating to the
maintenance of his property.
6. Excepting the-easements herein granted, the parties
owning the underlying fee simple title shall continue to have
full use and enjoyment of the property.
7. Each party represents and war@ants that it owns and
has fee simple title to their respective parcels, subject to
easements, restrictions and deeds of trust of record; that
there are no conflicting easements; that the noteholders of
;ir,.I, deed of trust notes consent to the easements; that they
have the right to convey the said easements; and that they
shall not seek any other means of access on to Holland Road
from Lots 12 through 16, Block 3, Pecan Gardens Subdivision.
PC
-2-
8. The easements granted and conveyed herein shall run
with the land.
IN WITNESS WHEREOF, the parties hereto, by their duly
authorized officers or officials, have duly executed this
Agreement on the date first above stated.
MIDAS REALTY CORPORATION, a
Delaware corporation
By:
Authorized Ofticer
FRED
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknlwledged before me this
day of la 6, by
1 @18
Authorized Offi@er of MIDAS REALTY CORPO TION, a Dela,,are
corporation, on behalf ot said corporation.
Notary Public
my commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH# to-wit:
The foregoing instrument was acknowledged before me this
day of 1986, by FRED JACOBSON.
Notary Pu iic
My commission expires:
LEE. Ot'VIERI
I HUf FMAN. P
-3-
NOTES
I THIS PLAT IS NOT INTENDED TO SFIOW ANY PHYSICAL IMPROVEMENTS
NOR EASEMENTS THAT MAY AFFECT THE PROPERTY
2. MERIDIAN SOURCE PLANS FOR HOLLAND ROAD, PHASE I[ , SHEET Ii.
PIN
15 /6
co
b
U.)
U)
14 q
LU 17
Li U)
cn
Ld
LU
LU r- U)
U-i
cr
-0
,z C\i
0 01
e
72.8 7 N 72, o 5'0,)l v
PIN PIN
,r@,HOLLAND (VARIABLE WIDTH R/W)
(FORMERLY %AD
EL)CLii) PRINCESS ANNE ROAD)
PLAT SHOWING MUTUAL
INGRESS- EGRESS EASEMENT OVER AND ACROSS
REMAINING PORTIC)N OF LOTS 15 @ 16, BLOCK 3, PECAN (GMABRD7EPNS70)
PRINCESS ANNE BOROUGH- VIRGINIA E)EACH I VIRGINIA
SCALE: l"= 20' OCTOBER 21, 1986
ROUSE- S/R/NE 'ASSOC/ATES, L-TD.
SURVEYORS 0 ENGINEERS 0 PLANNER
Item III-F.2.e.
PUBLIC HEARING
PLANNING ITEM # 26522
Attorney R. J. Nutter represented the applicant and presented a letter from
the BACK BAY PUNGO CIVIC LEAGUE in support of said application, as well as
an Amended Page Three of an Agreement between the applicant and the City of
Virginia Beach. (Said letter and corrected page are hereby made a part of
the record.)
Upon motion by Councilwoman Henley, seconded by Vice Mayor Oberndorf, City
Council ADOPTED an Ordinance upon application of PARKER OIL COMPANY for a
Conditional Use Permit for an automoble service station in conjunction with a
convenience store.
ORDINANCE UPON APPLICATION OF PARKER OIL COMPANY
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE R01286999
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Parker Oil Company
for a Conditional Use Permit for an automobile
service station in conjunction with a convenience
store on certain property located at the southwest
corner of Princess Anne Road and Indian River Road.
Said parcel contains 34,848 square feet. Plats
with more detailed information are available in the
Department of Planning. PUNGO BORUGH.
The following conditions shall be required:
1 . Dedications of right-of-way AS AMENDED along Indian
River Road shall be thirty-one (31 ) feet and five
(5) feet for Princess Anne Road.
iF,e 2. There ^h+11 b' +brec (3) onmmarn;sl „rh (gag. „nn
(1 ) an Iadaan Riv®r Read, and -bre (o) nn Priecees
Aunt Rotel.
3. Septic Tank and Water Supply shall meet Health
Department requirements for on-site drainage and
sewerage disposal.
4. Lighting shall be shielded and directed toward the
interior of the property.
5. Applicant shall comply with Site Plan Submitted to
the Planning Commission Subcommittee and City
Council with improvements that had been agreed upon
including the handicapped accessible restrooms.
6. Approved Site Plan shall be released upon approval
and the Plat of Dedication being recorded within
forty (45) days of that date.
7. Agreement encompassing restrictions and conditions
shall be recorded with the Clerk of the Circuit
Court.
SEE DECEMBER 15 , 1986 CORRECTION
December 8. 1986
Item III-F.2.e
PUBLIC HEARING
PLkNNING ITEM # 26522 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of Dece ty-six.
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
- 1} -
Item III-E.2.
MINUTES ITEM # 26559
Upon motion by Councilwoman Henley, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 8, 1986, AS
CORRECTED:
ITEM # 26522, Page 18
ORDINANCE UPON APPLICATION OF PARKER OIL COMPANY FOR
A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION IN CONJUNCTION WITH A CONVENIENCE STORE
R012686999
Condition 2 shall be eliminated:
2. There shall be three (3) comercial curb cuts: one
(1 ) on Indian River Road, and two (2) on Princess
Anne Road.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. 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
December 15, 1986
- 19 a -
JOSEPH E. BURROUGHS and JACK P. BURROUGHS
TO: (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of November, 1986, by and
betweenJOSEPHE. BURROUGHSandJACK P. BURROUGHS, husbandandwife,
Grantors, of the one part, and CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, Grantee, of the other
part;
W I T N E S S E T H:
WHEREAS, the Grantors have initiated an application for a
Conditional Use Permit for an automobile service station in conjunction
with a convenience store on a portion of the below described property,
which is zoned B-2 Community Business District by application addressed
to the Grantee, so that the Grantors may operate said business on a por-
tion of the following described property:
All that certain parcel of land containing 3.762
acres, lying in the Pungo Borough of the City of
Virginia Beach, Virginia and more particularly
described as "Parcel All as shown on that certain plat
entitled "Corrected Subdivision of Property Part of
Property of Joseph E. Burroughs" prepared by Bonifant
Land Surveyors and dated May 1, 1982 and recorded in
the Circuit Court Clerk's Office in Map Book 157 at
page 3 (hereinafter the Property).
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including business
and commercial, through zoning and other land development legislation;
and
-1-
December 8 1986
- 19 b -
WHEREAS, the Grantors have voluntarily proffered in writing,
in advance of and prior to the public hearing before the Grantee, the
following reasonable conditions related to the physical development of
and access to the aforesaid described property which have a reasonable
relation to the use and development of the entire property; and
WHEREAS, the conditions have been proffered by the Grantors
and allowed and accepted by the Grantee as part of the conditions of the
Conditional Use Permit application and having been accepted by the
Grantors, such conditions shall continue in full force and effect until
a subsequent amendment changes the conditions on the property covered by
such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning
Ordinance, unless, notwithstanding the foregoing, these conditions are
amended or varied by written instrument recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and exe-
cuted by the record owner of the subject property at the time of recor-
dation of sucb instrument; provided, further, that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy
of an ordinance or a resolution adopted by tbe governing body of the
Grantee, after a public hearing before the Grantee advertised pursuant
to the provisions of the Code of Virginia, SS15.1-431, which said ordi-
nance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
-2-
December 8, 1986
19 c
NOW, THEREFORE, the Grantors, for themselves, their
successors, personal representatives, assigns, grantees, and other suc-
cessors in title or interest, voluntarily and without any requirement by
or exaction from the Grantee or its governing body and without any ele-
ment of compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, or conditional use permit
hereby make the following declaration of conditions and restrictions as
to the physical development and operation of the subject property and
governing the use thereof and hereby covenant and agree that this
declaration shall constitute covenants running with the said property,
which shall be binding upon the property and upon all parties and per-
sons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees and other successors in interest or
title, namely:
1. Grantors agree to restrict the number of commercial curb
cuts onto Princess Anne and Indian River Roads by having no more than
two curb cuts onto Princess Anne Road and no more than one curb cut onto
Indian River Road. This restriction shall apply to all of the portions
of the property fronting on Princess Anne and Indian River Roads not-
withstanding the fact that Grantors' Conditional Use Permit application
is for only a portion of the property fronting on Princess Anne and
Indian River Roads.
The Grantors covenant and agree that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be vested
-3-
December 8, 1986
19 d
with all necessary authority on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions, including (i) the ordering in writing of the remedying of
any noncompliance with such conditions, and (ii) the bringing of legal
action or suit to insure compliance with such conditions, including man-
datory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceeding; (2) if aggrieved by any decision
of the Zoning Administrator made pursuant to the provisions, the
Grantors shall petition to the governing body for the review thereof
prior to instituting proceedings in court; and (3) the zoning map may
show by an appropriate symbol on the map the existence of conditions
attaching to the use of the subject property on the map and that the
ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they may be
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the name of the Grantors and
Grantee.
WITNESS the following signatures and seals:
(SEAL)
Joseph E. Burroughs
(SEAL)
Jack P. Burroughs
-4-
December 8, 1986
19 e -
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
1, the undersigned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Joseph E. Burroughs and Jack P.
Burroughs, whose names are signed to the foregoing instrument, have
acknowledged the same before me, this day of 1986.
GIVEN under my hand, this g@" day of 1986.
my Commission expires: Notary Public
RJN/6328.1.C
-5-
December 8, 1986
- 20 -
Item III-G.l.
ORDINANCE ITEM # 26523
The following Ordinance was DELETED from the Agenda, as same had been DEFERRED
until the City Council Meeting of December 15, 1986:
Ordinance upon SECOND RFADING establishing the Tax
Levy on Real Estate for Tax Fiscal Year 1988.
The City Clerk advised, because of RESCHEDULING, the Agenda of Decdember 8,
1986, had to be prepared prior to the Meeting of December 4, 1986.
Item III-G.2
ORDINANCES ITEM 26524
ADD-ON
Lee Banks, resident of Jack Frost Road, spoke in suport of Community Centers
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, the City
Council ADOPTED, upon SECOND READING:
Ordinance authorizing the issuance of Public
Improvement Bonds of the City of Virginia Beach in
the maximum amount of $24,100,00.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischobery 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
- 21a -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC
IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH
VIRGINIA IN THE MAXIMUM AMOUNT OF $24,100,000
WHEREAS, the City desires to authorize the issuance of
public improvement bonds for various purposes in the maximum
amount of $24,100,000 without submitting the question of their
issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach, Virginia, to construct and
improve various public facilities and improvements, all of which
will promote the public welfare of the City and its inhabitants
and will facilitate the orderly development of the City, and to
borrow money for such purposes and issue the City's general
obligations bonds therefor.
2. Pursuant to the authority of the Charter of the City of
Virginia Beach (Ch. 147 Acts of Assembly of 1962, as amended) and
the Public Finance Act, there are hereby authorized to be issued
public improvement bonds of the City in the maximum amount of
$24,100,000, to provide funds, together with other funds that may
be available, for the following purposes:
School projects, including planning,
construction, equipping and furnishing
of schools $11,464,550
Engineering and highway projects,
including site acquisition,
construction, improvement, replacement,
expansion and extension of streets,
bridges and highways 6,578,255
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
December 8, 1986
21b -
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, enlarg6ment and
development of parks, community
centers and golf course $ 1,045,000
$24,100,000
Any amount not needed for any of such purposes may be used for
any other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 years from their dates, bear
interest at such rate or rates not to exceed the maximum rate
authorized by law at the time the bonds are sold, be in such
denominations and form, be executed in such manner and be sold at
such time or times and in such manner, including the sale of the
same as one or more separate issues or in combination with the
sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council may
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for
the payment of principal of and interest on which its full faith
and credit shall be irrevocably pledged.
5. This ordinance shall be in full force and effect from
its passage.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of December, 1986.
Approved:
Mayor, City c
Beach, Virginia
FIRST READING: December 4, 1986
SECOND READING: December 8, 1986
-2-
- 21c -
CITY OF VIRGINIA BEACH, VIRGINA
SUMMARY OF 1986 CHARTER BOND ISSUE
School Projects:
1-962 Parkway Elementary School $ 2,490,000
1-955 Salem Elementary School 2,018,635
1-951 Salem High School 4,350,600
1-937 Salem Junior High School 2,605,315
-------------
Total Scbool Projects 11,464,550
Engineering and Highway Projects:
Roadways:
2-952 Back Bay Marina Bridge $ 536,290
2-833 First Colonial Road - Phase III 10,000
2-410 Great Neck Road - Phase II 832,845
2-911 Kempsville Road - Phase II 98,073
2-962 Pungo Ferry Bridge 251,303
2-919 Shipps Corner Road and Bridge 170,000
2-412 Virginia Beach Boulevard - Phase I 237,338
2-006 Baxter Road Widening 862,964
2-901 Holland Road - Pbase IV 3,549,442
2-929 Virginia Beach Boulevard - Phase III 30,000
-------------
Total Roadways $ 6,578,255
-------------
Stormwater:
2-909 Canal #2 - Phase II $ 156,100
2-817 Chesapeak Beach Drainage - Phase I 48,900
2-001 Indian River Road Box Culvert 264,210
2-819 Ocean Park Storm Drainage 612,274
2-018 Rudee Inlet Bulkhead 54,424
2-830 Rudee Inlet Dredging 63,000
2-815 Stumpy Lake Study and Drainage Improvements 77,263
2-712 Dredging - Eastern Branch Lynnhaven 598,498
2-902 North Beach Storm Drainage 11,400
-------------
Total Stormwater $ 1,886,069
-------------
Total Engineering and Highways Projects 8,464,324
Building Projects:
3-949 Seatack Community Center $ 35,439
3-910 Kempsville Public Safety and Library Services Expansion 166,000
3-938 Human Resources Building Renovation 16,620
3-912 Fire Station #21 - Stumpy Lake 42,877
3-964 Circuit Court Renovations 27,949
3-905 Central Library 2,837,241
-------------
Total Building Projects 3,126,126
Parks and Recreation Projects:
4-833 Virginia Beach Community Center - Bayside $ 100,000
4-913 Great Neck Park Development 290,000
4-914 Red Wing Golf Course (18-Hole Addition) 605,000
4-935 Princess Anne Park Expansion (Recreation Facilities) 50,000
-------------
Total Parks and Recreation Projects 1,045,000
-------------
TOTAL 1986 CHARTER BOND ALLOCATION $ 24,100,000
December 8, 1986
- 22 -
Item III-H.
CONSENT AGENDA TTF14 # 26525
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the
CONSENT AGENDA.
Item III-H.1 was voted upon separately.
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 *11
Council Members Voting Nay:
None
Council Members Absent:
None
* Verbal Vote
**Councilman John Perry VERBALLY ABSTAINED on Item III-H.5 as he is a Member
*f the Community Corrections Resource Board.
- 23 -
Item III-H.l.
CONSENT AGENDA ITEM # 26526
Franklin R. Bowers, Vice President/General Manager of Cox Cable Virginia Beach
addressed Council's concerns relative the Resolution. The name change relates
to Section 332 of the Internal Revenue Services Code.
Attorney K. Keith Thurman, represented Alice S. Mullen, President of Resort
Satellite Communications, Inc., and spoke in OPPOSITION. Attorney Thurman
advised an antitrust lawsuit had been filed by Satellite Comunications, Inc.
alleging $6 MILLION in damages against Cox Cable of Virginia Beach and its
various subsidiaries and affiliates. (A letter advising same to the Members of
City Council is hereby made a part of the record).
A MOTION was made by Councilman Baum, seconded by Councilman Perry to ADOPT
the Resolution consenting to the transfer of assets, including the Cable
Television Franchise, from Cox Cable Virginia Beach, Inc. to Cox Cable Hampton
Roads, Inc. conditioned on the continued and uninterrupted compliance by Cox
Cable Hampton Roads, Inc. with the terms and conditions of the existing
Franchise agreement.
A SUBSTITUTE MOTION was made by Vice Mayor Oberndorf to DEFER for one week the
Resolution consenting to the transfer of assets, including the Cable Television
Franchise, from Cox Cable Virginia Beach, Inc. to Cox Cable Hampton Roads, Inc.
conditioned on the continued and uninterrupted compliance by Cox Cable Hampton
Roads, Inc. with the terms and conditions of the existing Franchise agreement.
The DEFERRAL would enable the Resolution to be REDRAFTED to rename Cox Cable
Virginia Beach, Inc. the NEW Cox Cable of Virginia Beach rather than Cox Cable
Hampton Roads, Inc. Said MOTION was WITHDRAWN.
A MOTION was made by Councilman Baum, seconded by Councilman Perry, to ADOPT:
The Resolution consenting to the transfer of
assets, including the Cable Television Franchise,
from Cox Cable Virginia Beach, Inc. to Cox Cable
Hampton Roads, Inc. conditioned on the continued
and uninterrupted compliance by Cox Cable Hampton
Roads, Inc. with the terms and conditions of the
existing Franchise agreement.
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Harold Heischober, Mayor Robert G.
Jones, and John L. Perry
Council Members Voting Nay:
Albert W. Balko," Robert E. Fentress, Barbara M.
Henley, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
*Verbal Nay
- 23a -
LOST TO A NEGATIVE VOTE LOST TO A NEGATIVE VOTE
RESOLUTION CONSENTING TO THE TRANSFER
OF ASSETS, INCLUDING THE CABLE TELEVISION
FRANCHISE, FROM COX CABLE VIRGINIA BEACH, INC.
TO COX CABLE HAMPTON ROADS, INC. CONDITIONED
ON THE CONTINUED AND UNINTERRUPTED COMPLIANCE
BY COX CABLE HAMPTON ROADS, INC. WITU THE TERMS
AND CONDITIONS OF THE EXISTING FRANCHISE AGREEMENT
WHEREAS, on May 17, 1976, Cox Cable Virginia Beach, Inc. was
granted a Franchise to construct, operate, and maintain a cable
television system within the City; and
WHEREAS, Section 16C of the Franchise Agreement states, in
part, that 11[elvery change, transfer or acquisition of control of
the grantee shall make the franchise subject to cancellation
unless and until the City Council shall have consented thereto.";
and
WHEREAS, by letter dated October 27, 1986, from Franklin R.
Bowers, Vice President/General Manager of Cox Cable Virginia
Beach to the City Manager, Cox Cable Virginia Beach requested the
consent of the City "to transfer the assets, including the cable
television franchise, from Cox Cable Virginia Beach, Inc. to -Cox
Cable Hampton Roads, Inc."' and to merge the two companies; and
WHEREAS, Mr. Bowers has indicated in said letter that
11[t]here will be no change in the control, management or ultimate
ownership of the cable system nor will any change be apparent to
our customers," as a result of the transfer, and has further
indicated that 11(t]he day-to-day operations will remain the
same."; and
WHEREAS, City Council's principal concern is to ensure that
the quality of service to subscribers be maintained and that
compliance with the terms and conditions of the existing
franchise agreement be continued without interruption; and
WHEREAS, City Council is satisfied, both by Mr. Bowers'
representations in his letter of October 27, 1986, to the City
December 8, 1986
- 23b -
Manager and by his willingness to sign this Resolution, that the
quality and continuity of services under the existing franchise
agreement will in no way be negatively impacted by the proposed
transfer of assets and corporate merger.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby consents to the transfer of
assets, including the cable television franchise, from Cox Cable
Virginia Beach, Inc. to Cox Cable Hampton Roads, Inc. and to the
merger of the two companies conditioned on the continued and
uninterrupted compliance by Cox Cable Hampton Roads, Inc. with
the terms and conditions of the Franchise granted to Cox Cable
Virginia Beach, Inc. on May 17, 1976.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this _ day of 1 1986.
LOST TO A NEGATIVE VOTE
RMB/dga
cox/res
11/28/86
12/1/86
Seen and acknowledged:
Vice President/General Manager
Cox Cable Virginia Beach, Inc.
Cox Cable Tidewater, Inc.
STATE OF VIRGINIA:
CITY OF VIRGINIA BEACH:
I a Notary Public in and for the
City a@d- id, o hereby certify that FRANKLIN R. BOWERS,
Vice President/General Manager of Cox Cable Virginia Beach, Inc.,
and cox Cable Tidewater, Inc. has acknowledged the same before me
in my City and State aforesaid.
Given under my hand this day of 1986.
Notaky Public
My Commission expires;
2
December 8, 1986
- 24 -
Item III-H.2.
CONSENT AGENDA ITF14 # 26527
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by adding Section
4-92 pertaining to records and reports for
organizations conducting Bingo games and Raffles.
The City Attorney will advise at the City Council Meeting of December 15, 1986,
whether the City may legally incorporate the tenancy relationship within said
Ordinance
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
24a -
AN ORDINANCE TO AMEND AND REORDAIN
THE CODE OF THE CIT7 OF VIRGINIA
BEACH, VIRGINIA, B7 ADDING SECTION
4-92 PERTAINING TO RECORDS AND
REPORTS FOR ORGANIZATIONS
CONDUCTING BINGO GAMES AND RAFFLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 4-92 pertaining to records and reports for
organizations conducting bingo games and raffles is hereby
added to the Code of the City of Virginia Beach and shall read as
f ollows:
Section 4-92. Records to be maintained and reports to be
filed by organizations conducting bingo games and
raffles
(a) Each organization shall maintain a record in
writing of the dates on which bingo is played, the number of
people in attendance on each date and the amount of the receipts
and expenses for the day and prizes paid on each such day. The
organization shall also maintain a record of the name and address
of each individual to whom a door prize, regular or special bingo
game prize, raffle or jackpot from the playing of bingo or raffle
is awarded, as well as the amount of such award. The
organization conducting bingo games or raffles shall also
maintain an itemized record of all receipts and disbursements,
including operating costs and use of proceeds incurred in such
games or raffles, utilizing a uniform accounting system and
report format provided by the director of finance. Said records
shall be furnished to the director of finance or his designee
upon request.
(b) Each organization shall maintain a separate
checking account into which shall be placed all receipts from
bingo games and raffles. Monies from other sources shall not be
placed or deposited into such account; neither shall monies from
said account be transferred into any fund or account containing
monies from other sources. Bingo/Raffle proceeds may be
maintained in an interest bearing fund or account, bowever, such
- 24b -
funds shall be transferred to the checking account prior to
disbursement. Withdrawals from said checking account shall be
made only by utilizing printed, sequentially numbered checks.
All disbursements from such accounts shall be supported by
written documentation as set forth in subsection (a) above. An
organization conducting no more than one (1) raffle per fiscal
year with net game receipts not exceeding Five Thousand Dollars
($5,000.00), shall be exempt from tbe requirements of this
paragraph.
(c) On an annual basis, and no later tban December 31
of each calendar year, all monies, in excess of fifteen per
centum (15%) of the total net receipts (gross receipts minus game
expenses) from bingo or raffles conducted during the past fiscal
year, shall be donated to and/or expended upon charitable
activities/projects. The director of finance or his
representative may approve the carryover and accumulation of
funds designated for specific charitable projects. Such
accumulation shall not normally exceed a period of two (2)
additional fiscal years; however, the director of finance may
approve a longer period in exceptional circumstances. A fiscal
year shall be the twelve (12) month period from October 1 through
September 30. Complete records of such expenditures shall be
maintained at all times by organizations holding permits to
conduct bingo or raffles.
(d) Should an organization cease for any reason to be
licensed to conduct bingo games or raffles, all accumulated net
receipts (gross receipts minus game expenses) shall be expended
for appropriate charitable activities or projects not more than
ninety (90) days after termination of the license and a final
report of all receipts and disbursements as set forth in section
18.2-340.6 of the Code of Virginia shall be filed with the
director of finance not more than one hundred twenty (120) days
after said termination.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 8th day of December 1 9 8 6 .
WEB/jmh/dga
(i)
06/17/86, 06/20/86, 7/25/86, 7/28/86, 7/30/86
- 25 -
Item III-H.3.
CONSENT AGENDA ITEM # 26528
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Rosemont Road Phase
III 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
Verbal Vote
- 25a -
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
ROSEMONT ROAD PHASE III 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
BBEACH, 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 "ROSEMONT
ROAD PHASE III," these plans being on file in the Office of Real.Estate
Department of Public Works, Virginia Beach, Virgini .a.
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.
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
8th day f December 19 86
JAR:kg S
11/28/86
E
ber 8 1986
- 25 b -
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- 26 -
Item III-H.4
CONSENT AGENDA ITEM # 26529
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED upon SECOND RFADING:
Ordinance to appropriate $177,590 for
lease/purchase of new pagers and to transfer
$30,025 within the FY 1986-1987 operating budget of
Emergency Medical Services for the first annual
payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
- 26a -
AN ORDINANCE TO APPROPRIATE
$177,590 FOR LEASE/PURCHASE OF
NEW PAGERS AND TO TRANSFER
$30,025 WITHIN THE FY 1986-1987
OPERATING BUDGET OF EMERGENCY MEDICAL
SERVICES FOR THE FIRST ANNUAL PAYMENT
the mission of the Division of Emergency Medical Services
(EMS) is to provide direction of pre-hospital emergency care, to coordinate the
use of specialized resources to deal with all medical emergencies, and to
preserve the health, welfare, and safety of all Virginia Beach residents, and
WHERFAS, the means by which emergency personnel are alerted and
dispatched has become inadequate due to the age of the existing pagers, resulting
in slower responses to the southern sector of the city, increasing errors in the
alerts due to cumbersome repetitive manual operations required for a two fre-
quency system, and increasing "down-time" from maintenance problems, and,
WHERFAS, a gradual upgrade with existing paging instruments to new
equipment was to begin in this fiscal year with current replacement funds and
solve only a portion of the presently realized problems, and
WHEREAS, a new pager at a relatively lower cost, provided to both
cardiac technicians as well as emergency medical technicians, will allow a much
faster response time, greatly reduce encoding errors by dispatchers, signifi-
cantly reduce maintenance "down-time" now experienced by the existing ten year
old system, and eliminate the requirement of each technician carrying two pagers,
and,
WHEREAS, the first lease purchase payments will be funded entirely by
the transfer of funds from within the FY 1986-1987 Operating Budget of EMS.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $177,590 be appropriated for the
lease-purchase of new pagers, and,
BE IT FURTHER ORDAINED that funds in the amount of $30,025 be trans-
ferred within the Fy 1986-1987 Operating Budget of EMS to fund the first year's
lease/purchase payment.
This ordinance shall be in effect from the date of its adoption.
FIRST READING:
SECOND READING: December 8, 1986
Adopted by the Council of the City of Virginia Beach, Virginia on the
8th day of December 1986.
KAR/1 ORD26
December 8, 1986
- 27 -
Item III-H.5.
ORDINANOFS ITEM # 26530
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $73,848 for
rehabilitating qualified non-violent offenders from
the State penitentiaries from the Department of
Corrections supplementing the Community Diversion
Incentive Program budget for FY 1986-1987.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
* Verbal Vote
**Councilman John Perry VERBALLY ABSTAINED as he is a Member of the Community
Corrections Resource Board.
- 2?a -
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A GRANT FROM THE DEPARTMENT OF
CORRECTIONS SUPPLEMENTING THE COMMUNITY
DIVERSION INCENTIVE PROGRAM BUDGET
FOR FY 1986-1987 BY $73,848
WHEREAS, the Virginia General Assembly has enacted the Community
Diversion Incentive Program which makes funds available to jurisdictions within
the Commonwealth for the purposes of diverting qualified non-violent offenders
from the State penitentiaries for the purpose of rehabilitating these offenders
and allowing them the opportunity to make restitution of their crimes, and
WHEREAS, the City of Virginia Beach is currently operating such a
program, and
WHEREAS, the Virginia Departmental of Corrections has approved a
supplement to the Virginia Beach Community Diversion Program for a period July 1,
1986 through June 30, 1987 to accomplish tbe objectives stated above, and
WHEREAS, the funds received through this grant are to be appropriated
to the following accounts:
Non-Residential $13,000
Emergency Services 1,000
Contracted Community Residential Services 22,000
Case Management:
Case Intensive Supervision 25,000
CSO Coordinator 12,848
848
WHERF-AS, this program is 100% funded by the Department of Corrections
and requires no local expenditure of funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized to accept a supple-
ment to the Community Diversion Incentive Program Grant, and
BE IT FURTHER ORDAINED that the funds are appropriated in the amount of
$73,848 for the above purpose.
This ordinance shall be in effect from the date of its adoption.
FIRST READING: December 4, 1986
SECOND READING:
Adopted by the Council of tbe City of Virginia Beach, Virginia on the
8th day of December 1986.
KAR/1 ORD25 December 8, 1986
- 28 -
Item III-H.6
CONSENT AGENDA IT@ # 26531
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer funds from the reserve for
contingency to the Circuit Court Clerk for the
printing of computer records in the amount of
$13,037.
Voting; 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
- 28a
AN ORDINANCE -rO TRANSFER FUNDS FROM THE
RESERVE FOR CONTINGENCY TO THE CIRCUIT COURT
CL-.EFRK FOR THE PRIN-FING OF compu-rER RECORDE',' IN
1-HE AMOUNT OF $13,C)37
WHEREAS, in A,-tgttst c-f 1985 the Cir-cLtit Cc--.trt Clerk irstalled
an c,r,-Iine cc.r,lpliter ii,,de>< to hardle Deeds ard -:-ther coltrt
@,ec.:-..rcJs, i-7Arci
WI@EREAS, this sys,beri was e>(pc-cted tc- have storage
ri-Rn,@bilities eq,-kallir,g thr-ee years w,,rth c-f indl-x inforrnation,
b-f---:,r,e Y,Lcl@t:Lrircl a pr:i.r.t-(,,,LLt. ar.d
WHEREAS, this pr,c,jec-,tic,r. w.@s based c,r, the 1984-83 level c,f
r-F@cc::@rc.tir,q dat@-1. ar,d
WHERE@.-.)S, [,his r- F- r,--- r- d i r, qvc:- I Ltrne IL.VLL has beer, exceeded,
pa@,tic@tlarly in dl-ed rL-cor-ding, it now appear,s that disc stc-rane
spac.,e will be exha,-ts-ted by Febrttary--M@Ar-ch of l9E37, ard
WHEREAS. it is r,c.w r.ecessary to dltmp the data now ir, the
@yst er,,t ir, t c@ i;k prir.ted f crri sc- that the svstl-rn itself can
t-D bL- @ttilizl-d as zi ter.ipc.,,r,a)-y ir.dex.
NOW THEREFOIRE BE 17 ORDNINED E'Y THE COUNCIL OF THE CITY OF
VII@13INIA EIEACH, VI*RGINIA that funds ir, the arnount of $13,037 be
LI)E? RE-sE--r-vc- foi- Cort:Lrqer,cy ard ac)propr-iated to
th(e Cii,c,-kit Cok.ti-,L CIL-r@( ((-)6(-)41-C)34C)8 Irdexirg Services).
.r*l-) i!@ c,v,d i rar,ce 5hall bi- e-Ff ec-L ive f rorri thL- date c.f its
d,.-- c) t i o r,.
Adc-pted by t@ie Cc-Ltr,cil of t@ie Citv c,f Virginia Beach.
Vir,gir,ia or, the Eighth day of- December
--------------- 1986.
CSR/Ol
- 29 -
Item III-H.7
CONSENT AGENDA ITEM # 26532
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's property known as Lake
Joyce and a 25-foot strip surrounding Lake Joyce to
Robert J. and Jeanne D. Atkinson and Robert W. and
Christian L. Howard, 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 encrochment so as
not to become unsightly or a hazard.
4. The owner agrees to obtain a letter from the City
of Norfolk agreeing not to enforce their
reversionary rights if the City of Virginia Beach
allows the requested encroachment.
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,it John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
- 29a -
1.7
SIC
EN T
EY
d by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CITY'S PROPERTY KNOWN AS
LAKE JOYCE AND A 251
STRIP SURROUNDING LAKE
JOYCE TO ROBERT J. AND
JEANNE D. ATKINSON AND
ROBERT W. AND CHRISTIAN
L. HOWARD, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Robert J. and Jeanne D. Atkinson and Robert W. and
Christian L. Howard, their heirs, assigns and successors in title
are authorized to construct and maintain a temporary encroachment
into the City's property known as Lake Joyce and the 251 strip
surrounding Lake Joyce.
That the temporary encroachment herein authorized is
for the purpose of replacing a wooden bulkhead and constructing
and maintaining a boat pier and that said encroachment shall be
constructed and maintained in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, aligrunent and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a
portion of the City's property
known as Lake Joyce and a 251 strip
surrounding Lake Joyce, on the
certain plat entitled: "PROPOSED
BULKHEAD AND BOAT PIER," a copy of
which is on file in the Department
of Public Works and to which
reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Robert J. and Jeanne D. Atkinson and Robert W.
and Christian L. Howard, their heirs, assigns and successors in
- 29b -
title and that within thirty (30) days after such notice is
given, said encroachment shall be removed from the City's
property known as Lake Joyce and the 251 strip surrounding Lake
Joyce and that Robert J. and Jeanne D. Atkinson and Robert W. and
Christian L. Howard, their heirs, assigns and successors in title
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Robert J. and Jeanne D. Atkinson and Robert W.
and Christian L. Howard, their heirs, assigns and successors in
title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses and expenses including reasonable attorney's fees
in case it shall be necessary to file or defend an action arising
out of the location or existence of such encroachment.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Robert J. and Jeanne D. Atkinson and Robert W.
and Christian L. Howard obtain a letter from the City of Norfolk
agreeing not to enforce their reversionary rights if the City of
Virginia Beach allows the requested encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Robert J. and Jeanne D. Atkinson
and Robert W. and Christian L. Howard execute an agreement with
the City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, bn the 8th day of December 1 19 86
CLL/tap
10/10/86
10/22/86
CA-1086-01978
(encroach\atkinson.ord)
2
December 8, 1986
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- 30 -
Item III-H.8.
CONSENT AGENDA ITEM # 26533
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize temporary encroachments into
portions of the rights-of-way of Atlantic Avenue
and 14th Street to the Sandcastle Motel, Inc., its
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. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. 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.
6. 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).
7. The owner agrees to coordinate and schedule
construction within the Resorts Programs Office and
the City Engineer's Office/Construction Bureau in
order to prevent any delays or damage to the
proposed 14th Street improvements as shown on the
plans entitled: "Proposed Demonstration Projects:
Construction of Connector Parks at 13th, 14th &
20th Streets Beautification of Restroom Areas at
17th & 30th Streets" on file with the Department of
Public Works, City of Virginia Beach, Virginia.
Councilwoman Parker referenced the addition of a Condition to insure that the steel
and masonry canopy is not utilized as a sign for advertising purposes. The City
Staff will investigate to be assured same does not occur.
- 31 -
Item III-H.8.
CONSENT AGENDA ITEM # 26533 (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
"Verbal Aye
- 31a -
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO PORTIONS OF THE
RIGHTS-OF-WAY OF ATLANTIC AVENUE AND
14TH STREET TO THE SANDCASTLE MOTEL,
INC., ITS ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, The Sandcastle Motel, Inc., its assigns and successors
in title are authorized to construct and maintain temporary
encroachments into portions of the City's rights-of-way of
Atlantic Avenue and 14th Street.
That the temporary encroachments herein authorized are
for the purpose of a steel and masonry canopy to extend 2 feet 5
inches into the City's rights-of-way at a height of 12 feet above
the existing sidewalk and that said encroachments shall be
constructed in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachments are more
particularly described as follows:
An area of encroachments into portions of
the City's rights-of-way known as
Atlantic Avenue and 14th Street, as shown
on those certain plats "A" and "B"
entitled: "ATLANTIC AVE PARTIAL SITE PLAN
SANDCASTLE MOTEL VIRGINIA BEACH, VA.,--
copies of which are on file in the
Virginia Beach Department of Public Works
and to which references are made for a
more particular description.
PROVIDED, HOWEVER, that the temporary encroachments
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of The Sandcastle Motel, Inc., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachments shall be removed from
the City's rights-of-way of The Sandcastle Motel, Inc., by The
Sandcastle Motel, Inc., and that The Sandcastle Motel, Inc., its
assigns and successors shall bear all costs and expenses of such
removal.
December 8, 1986
- 3lb-
And PROVIDED FURTHER, that it is expressly understood
and agreed that The Sandcastle Motel, Inc., its assigns
and successors in title shall indemnify, hold harmless, and
defend the City of Virginia Beach, its agents and employees from
and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such encroachments; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that The Sandcastel Motel, Inc., executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of December 1 9 86 -
CLL/rab
6 / 1 3/ 8 6
(29D)
-2-
December 8, 1986
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31d PLAT "B"
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- 32 -
Item III-H.9
CONSENT AGENDA ITEM # 26534
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Bingo/Raffle Permits:
Animal Assistance League Bingo
St. Nicholas Greek Orthodox Church Bingo
Chesapeake Bay Skating Club Bingo/Raffle
Friends of Roller Skaters/ Bingo/Raffle
Kemps River Skating Club
Tidewater Center for Human Growth Bingo/Raffle
Old Dominion Aquatic Club Bingo
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
- 33 -
Item III-H.10.
CONSENT AGENDA ITEM # 26535
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing tax refunds in the amount of
$19,631-43, upon application of certain persons and
upon certification of the Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley,* Mayor Robert
G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal Vote
- 33a -
ORM NO. C.A. 7 11 / 2 5/86 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Lawrence A Sancilio 84 RE(1/2) 75814-7 6/5/86 105.39
Lawrence A Sancilio 84 RE(2/2) 75814-7 6/5/86 100.90
Lawrence A Sancilio 85 RE(1/2) 79972-C 6/5/86 133.30
Lawrence A Sancilio 85 RE(2/2) 79972-C 6/5/86 127.09
Christopher Development Co 86 RE(2/2) 17940-4 8/29/86 1,073.59
Christopher Development Co 86 RE(2/2) 17@)41-3 4/29/86 140.61
Woods Green Run Inc 86 RE(I/?Nl 107887-8 11/14/85 1,013.16
Woods Green Run Inc 86 RE(2/2) 107887-8 5/9/86 1,013.16
Charlie W & Alice M Lewis 86 RE(1/2) 57815-2 10/29/85 40.00
Charlie W & Alice M Lewis 86 RE(2/2) 57815-2 5/19/86 40.00
Bennett H & Darlene F Hooks 86 RE(1/2) 45427-7 11/18/85 113.85
Sovran Mortgage Co 86 RE(1/2) 6365-3 12/5/85 6,765.00
Sovran Mortgage,Co 86 RE(2/2) 6365-3 6/5/86 6,765,00
Lassiter & Associates 86 RE(2/2) 56313-1 8/14/86 154.99
Dixie Gas Service Inc 84 pp 41404-4 6/5/84 760.26
Dixie Gas Service Inc 85 pp 42833-2 6/5/85 487.50
Steven J Smalkowski 86 pp 149112-6 5/13/86 209.28
Rafael Monel] 86 pp 113639-6 9/14/86 26.40
Michael P & John K Wiersch 86 pp 174461-1 5/15/86 189.78
Matoma Trucking Co Inc 86 pp 105488-4 9/19/86 68.61
Continental Telephone 86 pp PS-TP-4 6/5/86 24.00
Michael Clayman 86 pp 30555-2 5/21/86 15.78
Donald E Christensen 86 pp 29337-9 6/3/86 201.78
Kelly D Whitchurch N/A Pkng 114740 10/20/86 10.00
Edna D Thompson N/A Pkng 85740 10/15/86 10.00
Terry Polly N/A Pkng 111762 10/8/86 12.00
Herman Daniel N/A Pkng 32018 10/31/86 30.00
Total 19,631.43
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
1. were approved by
the Council of the City of Virginia
Beach on the-8 day of Decemb.e.r,1986
John T. Atkinson, Treasurer
Approved as to
Ruth Hodges Smith
City Cierk
City Attorney
December 8, 1986
- 34 -
Item III-H.11
CONSENT AGENDA TTEi4 # 26536
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $3,338-49 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
Verbal Vote
34a
FORM NO C.A, & REV lu
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:
Ucense Date Base Penatty Int. Total
NAME Year Paid
Griffin, Francis G., MD, Inc.
1821 Old Donation Parkway, S-5
Va. Beach, VA 23454 1981/86 Audit 651.00 651.00
Household Finance Corp. of Virginia
2700 Sanders Road
Prospect Heights, Il 60070
1986 Audit 1,160.11 1,160.11
Johnson, James R.
T/A Johnson's Grocery
3181 Ships Corner Rd.
Va. Beach, VA 23456 1986 Audit 451.79 451.79
Certified as to Payment:
@ort P. Vaughan
Commissioner of the R.@nue
Approve5 as to f7@,@
-Bimson
ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,262.90 wereapprovedbythecouncil
of the City of Virginia Beach on the 8th day of December 19 86
Ruth Hodges Smith
City Clerk
December 8, 1986
34b
NO C A 8 F&V- 3"
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 follcywing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
Ucense Date Bass Penatty lnt. Total
NAME Year Paid
Leigh Development Corp.
T/A Leigh Development Corp.
1456 Five Forks Road
Va. Beach, VA 23455 1985 06/11/85 160.00 160.00
Townsend Vide Comm., Inc.
T/A video Connection, The
732 Timberlake S/C
Va. Beach, VA 23462 1982/85 Audit 141.70 141.70
Wright, Brian G.
T/A Olympic Image
421 French Court, North
Va. Beach, VA 23454 1986 Audit 110.00 110.00
Certified as to Payment:
Ao-bert P. Vaug@an
Commissioner of the Revenue
Approved as to form:
jAai@'6imson
I ity Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $411.70 were approved by the Council
8th December 86
of the City of Virginia Beach on the- day of .19
Ruth Hodges Smith
City Clerk
Decmber 8 1986
- 34c -
FO*W HO C A a REv.sK
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
AAR Restaurant, Inc.
T/A That Seafood Place
6718 Patterson Ave.
Richmond, VA 23226 1985 Audit 445 . 70 445. 70
Ad Concepts, Inc.
11 Koger Executive Ctr. , 5-119
Norfolk, VA 23502 1985/86 Audit 119. 53 179 . 53
Ferguson, Eddie •
T/A Eddie ' s Automotive Repair Service
584 Saddlerock Road
Va. Beach, VA 23452 1986 Audit 98. 66 98. 66
Certified aass to Payment:
obert P. Vaughan
Commissioner of the Revenue
Appr• e• as to for
/ L4
D. a imson
r ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $663. 89 were approved by the Council
of the City of Virginia Beach on the 8th day of December , 19 R6
Ruth Hodges Smith
City Clerk
December 8, 1986
- 35 -
Item III-J.1
NEW BUSINESS ITEM # 26537
The City of Virginia Beach INTERIM FINANCIAL STATEMENTS for the Period July 1 ,
1986, through October 31 , 1986, were distributed to City Council. Said
Statements are hereby made a part of the record.
Councilman Moss advised he met with Mr. E. Dean Block, Assistant City Manger
for Analysis and Evaluation, concerning his inquiries relative the Virginia
Beach INTERIM FINANCIAL STATEMENTS for the Period July 1 , 1986, through October
31 , 1986.
December 8, 1986
- 36 -
Item III-J.2
NEW BUSINESS ITEM # 26538
The Mayor referenced the HOLIDAY on January 19, 1987, in oberservance of MARTIN
LUTHER KING'S BIRTHDAY. BY CONSENSUS, City Council RESCHEDULED the City
Council Meeting to Tuesday, January 20, 1987.
December 8, 1986
Item III-K.1
ADJOURNMENT ITEM # 26539
Upon motion by Councilwoman Parker, and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 4:48 P.M.
Beverlcj 0. Hooks
Chief Deputy City Clerk
r *
uthmith
City Clerk 'obert/b . Jone .
Mayor
City of Virginia Beach
Virginia
December 8. 1986