APRIL 14, 1986 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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MAYOR HAROLD REISCHOBFR. At L-g.
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April 14, 1986
Virginia Beach City Council
BRIEFING: Personal Property Tax - Conference Room - 12:00 PM
Mr. Robert Vaughan and Mrs. Patricia Phillips
1TEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend John H. Jordan Jr.
Galilee Episcopal Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of April 7, 1986.
C. PROCLAMATION
1. National YWCA Week - April 20, 1986
H. PLANNING - BY CONSENT
1. Application of Robert E. and Leeane D. Sears for a variance
to Section 4.4(b) of the Subdivision Ordinance which
requires that lot dimensions conform to the Comprehensive
Zoning Ordinance located on the south side of Kingfisher
Court west of Bobolink Drive (Lynnhaven Borough).
Recommendation: APPROVAL
2. Application of Runnymede Corporation for a change of zoning
from B-2 Community-Business District to I-1 Light
Industrial District located on the west side of Butternut
Lane south of Bonney Road on Lots 21-A and 22-28, Block C,
containing 31,363 square feet (Lynnhaven Borough).
Recommendation: APPROVAL
3. Application of Carlton Arms Associates, Inc. for a change
of zoning from B-5 Resort Commercial District to H-2 Resort
Hotel District located at 410 A & B 5th Street on Lot 5,
Block 8, containing 7,250 square feet (Virginia Beach
Borough).
Recommendation: APPROVAL
4. Application of Kempsville Lake #1 Partnership and Michael
S. Malbon for a change of zoning from R-8 Residential
District to PD-H2 ilanned Unit Development District located
at 895 Old Dam Neck Road, containing 2.419 acres (Princess
Anne Borough).
Recommendation: APPROVAL
5. Application of Whit G. Summers Jr. for a conditional use
permit for a single family residence in the AG-1
Agricultural District located on the south side of Nanny's
Creek Road west of Muddy Creek Road, containing 6.121 acres
(Pungo Borough).
Recommendation: APPROVAL
6. Application of Christ C@nity Church for a conditional
use permit for a church and related facilities located at
the northeast intersection of Salem Road an@ Lynnhaven
Parkway, containing 5.439 acres (Kempsville Borough).
Recommendation: APPROVAL
7. Application of Jane R. Brown t/a B & B Keyboard Center for
a conditional use permit for teaching music located at 1072
Old Kempsville Road, containing 2.3 acres (Kempsville
Borough).
Recommendation: APPROVAL
II. H. 8. Application of Marie Reese for a conditional use permit for
a pre-school located at the northeast intersection of Old
Princess Anne Road and Nimmo Church Lane, containing 23,958
square feet (Princess Anne Borough).
Recommendation: APPROVAL
9. Application of Rock Christian Network for a conditional use
permit for a TV transmitter tower and satellite up-link
site located at 2865 Indian River Road, containing 802
acres (Princess Anne Borough).
Recommendation: APPROVAL
10. Application of Little Piney Grove Baptist Church for a
conditional use permit for a cemetery located at 665
Princess Anne Road, co.@taining 41,095 square feet (Pungo
Borough).
Recommendation: APPROVAL
I. PLANNING - RECONSIDEPATION
1. REQUEST FOR RECONSIDERATION No. CC-001: Waiver to
condition imposed June 18, 1973, in street closure petition
of Ninitz, Taylor, Scott and Culpepper (Lynnhaven Borough).
J. PLANNING
1. Ordinance for the discontinuance, closure and abandonment
of a portion of Weber Avenue in the petition of Gary Baird
(Kempsville Borough).
Recommendation: APPROVAL
2. Ordinance for the discontinuance, closure and abandonment
of a portion of Branksome Drive in the petition of PS
Associates 11, Ltd. (Kempsville Borough).
Recommendation: APPROVAL
3. Application of Perkins Building Corporation for a change of
zoning from A-1 Apartment District to A-2 Apartment
District located on the south side of Old Virginia Beach
Road, 587 feet west of South Birdneck Road, containing 1.31
acres (Lynnhaven Borough).
Recommendation: DENIAL
DEFERRED April 7, 1986
4. Application of Southern Starr Broadcasting for a
conditional use permit for a radio transmitter link antenna
tower located at 242 Mustang Trail, containing 2.8 acres
(Lynnhaven Borough).
Recoinmendation: APPROVAL
5. Application of Edna Carroll for a conditional use permit
for a mobile home for farm laborer located at 345 Princess
Anne Road, containing 90.343 acres (Pungo Borough).
Recommendation: APPROVAL
II. J. 6. Applications of the City of Virginia Beach:
a. To amend Section 6.3 of the Subdivision Ordinance
pertaining to final plats and data.
b. To amend and reordain Article 1, Section 108 of the
Comprehensive Zoning Ordinance pertaining to posting of
signs relating to applications for rezoning,
conditional use permits and appeal for variances.
c. To amend and reordain Article 11, Part C of the
Comprehensive Zoning Ordinance pertaining to PD-H2
Planned Unit Development District.
d. To establish a Historic and Cultural District located
at the southeast corner of General Booth Boulevard and
Princess Anne Road, containing 3.25 acres (Princess
Anne Borough).
e. Resolution directing the Planning Commission to make
its recommendation concerning a proposed amendment to
Section Ill of the Comprehensive Zoning Ordinance
pertaining to the definition of a day care center.
K. RESOLUTIONS - INDUSTRIAL DEVELOP14ENT REVENUE BONDS
1. Resolutions approving the issuance of Industrial
Development Revenue Bonds:
a. Richardson Associates Inc. Facility $7,725,000
b. Robert de Grouche/Ocean Gardens Motel $1,500,000
c. Architectural Graphics, Inc. $2,250,000
d. Bay Properties $ 525,000
e. Edward T. Fischer and Frank T. Guthrie $ 980,508
L. RESOLUTIONS/ORDINANCES
1. Ordinance to transfer appropriations totaling $58,500 for
the contracting of lifeguard services at Croatan, Camp
Pendleton and Fort Story beaches and to authorize the City
Manager to enter into those contracts.
2. Ordinance to amend and reordain Section 2-117 of the Code
of the City of Virginia Beach pertaining to overtime pay
and compensatory time, and incidental Code Amendments, in
compliance with Fair Labor Standards Act.
3. Resolution of the City of Virginia Beach adopting a Code of
Ethics to apply to all elected and appoi@ited officials of
the City of Virginia Beach.
4. Ordinance establishing a Conflict of Interests ordinance
for the City of Virginia Beach, Virginia; requiring certain
disclosures and providing for the enforcement thereof; and,
establishing penalties for violations.
M. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Agreement with the United States Department of Military
Affairs for payment of use of the beach and parking areas
on Camp Pendleton property.
m. 2. Ordinance granting a franchise to Princess Anne Inn, Inc.
to operate an open air/stub street park cafe, and
authorizing and directing the City Manager to execute a
franchise agreeakent, subject to the conditions contained
and/or referenced herein.
3. Ordinance granting a franchise to Kona Koast Corporation to
operate an open air/boardwalk cafe, and authorizing and
directing the City Manager to execute a franchise
agreement, subject to the conditions contained and/or
referenced herein.
4. Ordinance granting a franchise to Oceanside Investment
Association to operate an open air/boardwalk cafe, and
authorizing aid directing the City Manager to execute a
franchise agreeinent, subject to the conditions contained
and/or referenced herein.
5. Ordinance, on FIRST READING, to appropriate funds to
acquire the site for Project #3-950 Juvenile Court building
and to authorize the City Manager to enter into
negotiations for the acquisition of the Juvenile Court site
and for the purchase of options o,.i other property for the
Muncipal Complex.
6. Ordinance, on FIRST READING, to accept $2,900 from the
Federal Highway Safety Grants Program.
7. Ordinance to transfer $82,082 of capital project
appropriations to fund the acquisition of right-of-way for
London Bridge Road Phase I.
8. Ordinance to transfer $81,000 within the Department of
General Services for the purchase of microwave transmission
system for fire and smoke alarms.
9. Ordinance to transfer $65,000 of appropriations to finance
a consultant contract with Cresap, McCormick and Paget for
the preparation of an executive and classified pay plan and
for performance appraisal review and recommendations.
10. Ordinance for the appointment of viewers in petition of
Runnymede Corporation for the closure of a portion of
Pleasure House Road.
11. Low Bid to Higgerson-Buchanan, Inc. in the amount of
$1,750,993 for the construction of Landfill No. 2
Improvements (Clay Cap).
N. UNFINISHED BUSINESS
1. Camp Pendleton Agreement: Staff Presentation
2. Master Street and Highway Plan - Old Donation Parkway
0. NEW BUSINESS
P. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
April 1-16 City Council's Review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 22 Budget Workshop - Conference Room
4:00 - 7;00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop -
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
PERSONAL PROPERTY TAX
April 14, 1986
12:10 P.M.
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on April 14, 1986, at 12:10 P.M.
The Deputy City Manager introduced Robert Vaughan, Commissioner of Revenue,
who advised the City of Virginia Beach taxes most classes of personal
property at the rate of $6 per $100 of assessed valuation; however, the
basis of assessment is generally based on an assessment ratio of 50% of the
retail value. In comparison, other localities in Hampton Roads value solely
on loan value while we in this City have an assessment ratio placed upon
the assessed value by Council. The Department of Taxation has questioned
the City as not being in compliance with the State Code of Taxation, Title
58.1 - Section 3503.
In an effort to lessen the confusion and allow comparison of true tax
burden among localities, the Commissoner of the Revenue proposed the
assessment of passenger vehicles sould be based on 100% of the loan value
as contained in a recognized pricing guide. In addition, assessments of
business personal property will be reduced proportionately and boat
assessments will be uniformly assessed at the lowest available value. All
other classes of personal property will remain unchanged. For all classes
of personal property with a rate of $6 in the proposed FY 1986-87 OPERATING
BUDGET, a tax rate of $3.80 will reflect these changes in assessment
methods but will be -revenue neutral" to the government. However, a change
of this magnitude, while "revenue neutral" to the government, will affect
every taxpayer in a different way, becuase the rate is based on the
weighted average relationship between loan and retail values of vehicles
taxed in 1985.
Patricia Phillips, Director of Research and Development, prepared a rather
indepth study concerning PERSONAL PROPERTY RATES. Said study is hereby made
a part of the record.
Concerning automobiles-, trucks and trailers, Mrs. Phillips advised the
rates very widely among Virginia localities with the basis of assessment
usually loan value as determined by the NADA Appraisal Guides or National
Market Reports. Virginia Beach is the only City in the surrounding area
that assesses based on 50% of the retail value. Mr. Vaughan's proposed
change will result in uniformity. Several Virginia Commissioners of the
Revenue have formed a task force to study this issue of uniformity of
taxation among localities.
The personal property tax rate of $6.00 per $100 of assessed valuation has
long been the rate used in Virginia Beach. However, the assessment ratio
has been changed substantially over the years, reflecting an increase in
the effective tax rate. The authority for the assessment ratio lies with
the Commissioner of the Revenue as a part of the assessment function.
B R I E F I N G
(Continued)
Approximately 11.6% of all cars and trucks will experience a tax increase
in the first year of change as compared to the prior year. This is
primarily due to a more correct asessment of some older model cars.
The taxation of boats has always posed special problems in Virginia Beach
due to the substantial number in existance.
In an effort to equitably tax boats in Virginia Beach, the following
recommendations were cited:
1. Pursue changes in the State Code that wil eliminate conflict In
and/or facilitate assessing boats.
a. Annual boat registration by the Commission of Game and
Inland Fisheries, and/or authority for localities to
require annual registration.
b. Require marina ownerns to submit more information, more
often
2 Support the current effort of the Hampton Roads Commissioners of
Revenue Steering Committee on Boats to adminstratively improve
boat assessments through:
a. Monthly summaries of new boat registrations and sales
from the Commission of Game and Inland Fisheries
b. Use of social security numbers to determine residency.
C. Uniform assessment of boats in Virginia.
d. Other steps necessary to determine taxability.
e. Other steps necessary to prorate personal property taxes
on boats.
The City Staff will provide Council with a "random sampling" of the
personal property taxes paid by the larger category of boats, now and after
the change in the assessment.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 14, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, April 14, 1986, at 1:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM # 25203
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion of employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of
an institution which could affect the value of property owned or
desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or pote,@itial
litigation, or other legal matters within the jurisdiction of the
public body.
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. lienry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 14, 1986
2:10 P.M.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on
Monday, April 14, 1986, at 2:10 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION-. Reverend John H. Jordan, Jr.
Galilee Episcopal Church
PLEDGE OF ALLEGIMCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 25204
Councilman Fentress referenced an Ordinance granting a franchise to Princes
Anne Inn, Inc., to operate an open air/stub street park cafe, and
authorizing and directing the City Manager to execute a franchise
agreement, subject to the conditions contained and/or referenced therein.
(See Item II-M. 2).
Councilman Fentress wished to be advised on the location of this particular
open air/stub street park cafe.
Mayor Heischober advised, as several Council Members were concerned over
Items M. 2, 3, and 4, concerning open air/boardwalk cafes, these items
would be pulled for discussion for an overall explanation of the geography
of locations.
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1 ITEM # 25205
Mayor Heischober advised Aubrey C. Watts, the Deputy City Manager, was
substituting for the City Manager, as he was in Richmond relative State and
City business.
Item II-E.2 ITEM # 25206
Councilman Louis Jones referenced an application of Kempsville Lake 11
Partnership and Michael S. Malbou for a change of zoning from R-8
Residential District to PD-H2 Planned Unit Development District located at
895 Old Dam Neck Road, containing 3.419 acres (Princess Anne Borough). (See
Item II-H.4 of the PLANNING - BY CONSENT AGENDA).
Councilman Jones wished this item pulled for a separate vote.
Item II-E.3 ITEM # 25207
Vice Mayor McClanan referenced an application of Rock Christian Network for
a conditional use permit for a TV transmitter tower and satellite up-like
siFe located at 2865 Indian River Road, containing 802 acres Princess Anne
Borough). (See Item II-H.9 of the PLANNING - BY CONSENT AGENDA).
This item will be pulled for a separate vote.
April 14, 1986
6
Item II-G.1
PROCLAMATION ITEM 25208
Mayor Heischober PROCLAIM the week of April 20-26, 1986:
MATIONAL YWCA WEEK
This PROCLAMATION recognized the YWCA and its members in more than 400
Associations in 49 states, as it embarks on its voyage of continuing
service to women and girls for the rest of this century and well into the
next.
Laura Hamilton, Public Relations Director for the YWCA of Tidewater,
ACCEPTED this PROCLAMATION.
6 a
WHEREAS, the YWCA of the U.S.A. has worked on behalf of women and girls for over 13
decades (it was in business before Lincoln's presidency) and has brought about social
change which affects all our lives; and
WHEREAS, the organization has a presence in some 80 countries through its membership
in the World YWCA, extending its programs and commitment worldwide; and
WHEREAS, the YWCA's past experience enriches the present; its focus for today is
on the future; and
WHEREAS, no successful adventure is undertaken without thoughtful planning.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby
proclaim the week of April 20-26, 19B6 as
NATIONAL YWCA WEEK
in Virginia Beach and salute the YWCA of the U.S.A. and its members in more than 400
Associ.ations in 49 states, as it embarks on its voyage Gf continuing service to women
and girls for the rest of this century and well into the next.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Virginia Beach to be affixed this fourteenth day of April, nineteen hundred and eighty-six.
Harold Heischober
Mayor
7
Item II-F.1
MINUTES ITEM # 25209
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of April 7, 1986, as CORRECTED.
CONSENT AGENDA - ITEM # 25183 - PAGE 32
The CAPTION of the Ordinance presented to City
Council was INCORRECT, Capital Project Funds were
incorrectly shown as $84,005. The Capital Project
Funds should have been listed as $50,803.
Ordinance to transfer "+,@ $50,803 of Capital
Project funds to establish project for Shore
Drive-In site drainage and authorize and direct the
City Manager to execute a cost-participation
agreemeut with Terry/Peterson Development
Corporation
A CORRECTED Ordinance is hereby made a part of the proceedings.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech and Louis R. Jones
Council Members Absent:
Robert G. Jones
*Verbal Vote
- /a -
AN ORDINANCE TO TRANSFER $50,803 OF
CAPITAL PROJECT FUNDS TO ESTAELISH PROJECT
FOR SHORE DRIVE-IN SITE DRAINAGE AND AUTHORIZE
AND DIRECT THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT WITH TERRY/
PETERSON DEVELOPMENT CORPORATION
WHEREAS, Terry/Peterson Development Corporation is planning to develop
land located on the old Shore Drive-In Theater site in the Bayside Borough in
accordance with the terms and conditions of city ordinances, and
WHEREAS, the city desires to enter into a cost participation agreement
requesting the developer to engage in construction greater in scope than is
necessary in order to provide storm drainage for sites not within the old Shore
Drive-In Theatre site development, and
WHERFAS, the city's share of the cost is estimated at $50,803 for
drainage improvements, with such costs to be charged to a new capital project,
with funds to be transferred from project #2-837 Various Public Improvements, and
WHEREAS, such construction at this time will provide for future needs
and prevent the city from having to incur additional costs at a later date.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that project #2-060 Shore Drive-In Site Drainage is hereby
established as a capital project, and that $50,803 is transferred from project
#2-837 Various Public Improvements to project #2-060 to fund the city's share of
the cost participation agreement with Terry/Peterson Development Corporation for
construction of storm drainage facilities. Said proposed agreement is hereby
approved and attached as Exhibit "A".
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Seventh day of April 1986.
8
Item II-H.
PLANNING BY CONSENT ITEM 25210
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
APPROVED in one MOTION Items II-H.1, 2, 3, 5, 6, 7, 8, and 10.
Items II-H.4 and II-H.9 were voted upon separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creec@ Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,* Louis R.
Jonesl- Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilwoman Creech VERBALLY ABSTAINED on Items II-H.2, II-H.3. and
II-H.4.
Councilman H. Jack Jennings, Jr. VEPBALLY ABSTAINED on Item II-H.3.,II-H.4.
and II-H.9.
Councilman Louis Jones VERBALLY ABSTAINED on Item II-H.10.
9
Item II-H.1
PLANNING BY CONSENT ITEM 25211
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
APPROVED the application of ROBEPT E. AND LEEANE D. SEARS for a Variance to
Section 4.4(b) of the Subdivision ordinance:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Robert E. and Leeane D.
Sears. Property located on the south side of
Kingfisher Court, 430.8 feet west of Bobolink
Drive. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
Item II-H.2
PLANNING BY CONSENT ITEM # 25212
Uon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of RUNNYMEDE CORPORATION for a Change
of Zoning:
ORDINANCE UPON APPLICATION OF RUNNYMEDE CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO I-1 Z04861077
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Runnymede Croporation
for a Change of Zoning District Classification from
B-2 @ommunity-Business District to I-1 Light
Industrial District on the west side of Butternut
Lane, 523.42 feet south of Bonney Road on Lot 21-A
and Lots 22-28, Block C, Rosemont Corporation.
Said parcels contain 31,363 square feet. LYNNHAVEN
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
None
Item II-H.3.
ITEM 25213
PLANNING BY CONSENT
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of CARLTON ARMS ASSOCIATES, INC. for
a Change of Zoning:
ORDINANCE UPON APPLICATION OF CARLTON ARMS
ASSOCIATES, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-5 TO H-2 Z04861078
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Carlton Arms
Associates, Inc., for a Change of Zoning District
Classification from B-5 Resort Commercial District
to H-2 Resort Hotel District on Lot 5, Block 8,
Ocean Lot Investment Company. Said parcel is
located at 410 A & B 5th Street and contains 7250
square feet. VIRGINIA BEACH BOROUGH.
The following condition shall be required:
1. Resubdivision of the property to combine tbe lot into the
adjoining parcels zoned H-2 in order to insure that the H-2
minimum lot area and lot width requirements are met.
The OWNER or LEGAL REPRESENTATIVE for the owner, has reveiwed the condition
for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech and H. Jack Jennings, Jr.
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: Carlton Arms Associates, Inc.
APPLICATION: Change of Zoning District Classification
DESCRIPTION: From B-5 Resort-Commercial District to
H-2 Resort-Hotel District located at 410
A & B Street
CITY COUNCIL SESSION: April 14, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BF-ACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. Resubdivision of the property to combine the lot into
the adjoining parcels zoned H-2 in order to insure that
the H-2 minimum lot area and lot width requirements are
met.
Ownei-'
By-
z- Owaer/Attorney,
Date:
- 12 -
Item II-H.4.
PLANNING ITEM # 25214
Attorney Grover Wright represented the applicant and advised same was in
compliance to an engineering requirement.
Rae H. LeSesne, represented the Council of Civic Organizations, and spoke
in OPPOSITION to said application.
A MOTION was made by Councilman Baum, seconded by Councilwoman Creech to
ADOPT an Ordinance upon application of KEMPSVILLE LAKE #l PARTNERSHIP and
MICHAEL S. @N for a Change of Zoning from R-8 Residential District to
PD-H2 Planned Unit Development District located at 895 Old Dam Neck Road,
containing 2.419 acres (Princess Anne Borough).
Voting: 5-3*
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Robert
G. Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Abstaining:
Nancy A. Creech*, H. Jack Jennings, Jr.*, and Louis R. Jones
Council Members Absent:
None
*VERBALLY ABSTAINED
This VOTE was CANCELLED as Councilwoman Creech had mistakenly seconded this
application. Councilwoman Creech had previously advised of her proposed
ABSTENTION on this application.
- 13 -
Item II-H.4
PLANNING ITEM # 25214 (Continued)
A MOTION was made by Councilman Baum, seconded by Councilman Fentress, to
ADOPT an Ordinance upon application of KEMPSVILLE LAKE fl PARTNERSHIP and
MICHAEL S. MALBON for a Change of Zoning-.
ORDINANCE UPON APPLICATION OF KEMPSVILLE LAKE #1
PARTNERSHIP AND MICHAEL S. MALBON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2
Ordlnance upon application of Kempsville Lake #1
Partnership and Michael S. Malbon for a Change of
Z7nin i otrpidct Classification from R-8 Residential
D trl D
I t z -H2 Planned Unit Development District
as a modification to Ocean Lakes Land Use Plan on
property located at 895 Old Dam Neck Road. Said
parcel contains 2.419 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 5-3*
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Robert
G. Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Abstaining:
Nancy A. Creech, H. Jack Jennings, Jr., and Louis R. Jones
Council Members Absent:
None
*This Ordinance was DENIED as the City Code requires the affirmative vote
must represent a majority of the Eleven City Council Members.
April 14, 1986
- 14 -
Item II-H.5.
PLANNING BY CONSENT ITEM # 25215
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of WHIT G. S JR. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WHIT G. SUMMERS, JR.,
FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
RESIDENCE R0486819
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Whit G. Summers, Jr.,
for a Conditional Use Permit for a single family
residence in the AG-1 Agricultural District on
certain property located on the south side of
Nanny's Creek Road, 460 feet west of Muddy Creek
Road. Said parcel contains 6. 121 acres. Plats
with more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
The following condition shall be required:
1. A dedication of right-of-way along the frontage on Nanney's Creek
Road in order to provide for an ultimate 66-foot right-of-way as
per the Master Steet and Highway Plan.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition
for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth dav of ADril. NinateAn Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: Whit G. Summers, Jr.
APPLICATION: Conditional Use Permit
DESCRIPTION: For a Single-Family Residence in AG-1
Agricultural District
CITY COUNCIL SESSION: April 14, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A dedication of right-of-way along the frontage on
Nanney's Creek Road in order to provide for an ultimate
66-foot right-of-way as per the Master Street and
Highway Plan.
Owner
By:
Owner/At @/Agent
/0
Date: qll @/19 6
15 -
Item II-H.6
PLANNING BY CONSENT ITEM 25216
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of CHRIST COMMITY CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CHRIST COMMUNITY
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
AND RELATED ACTIVITIES R0486820
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of The Christ Community
Church for a Conditional Use Permit for a church
and related facilities on certain property located
at the northeast intersection of Salem Road and
Lynnhaven Parkway (Proposed). Said parcel contains
5.439 acres. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following condition shall be required:
1. A dedication along the frontage on Salem Road as per the Salem
Road alignment on file in the City Engineer's Office.
The OWNER or LEGAL REPRESENTATIVE for the owner, has reviewed the condition
for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council for the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: The Christ Community Church
APPLICATION: Conditional Use Permit
DESCRIPTION: For a Church and Related Facilities
CITY COUNCIL SESSION: April 14, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), LIAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COM4ISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATTVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO-.
1. A dedication along the frontage on Salem Road as per the
Salem Road alignment on file in the City Engineer's
Office.
Owner
By:
Owner/Attorney/Agent
Date;
16 -
Item II-H.7.
PLANNING BY CONSENT ITEM # 25217
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of JANE R. BROWN t/a B & B KEYBOARD
CENTER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JANE R. BROWN, T/A B
& B KEYBOARD CENTER FOR A CONDITIONAL USE PERMIT
FOR TEACHING MUSIC R0486821
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Jane R. Brown, T/A B
& B Keyboard Center for a Conditional Use Permit
for teaching music at the northeast corner of Old
Kempsville Road and Alton Road. Said parcel is
located at 1072 Old Kempsville Road and contains
2.3 acres. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eigbty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item II-H.8
PLANNING BY CONSENT ITEM # 25218
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of KARIE REESE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MARIE REESE FOR A
CONDITIONAL USE PERMIT FOR A PRE-SCHOOL R0486822
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Marie Reese for a
Conditional Use Permit for a pre-school on certain
property located at i-he northeast intersection of
Old Princess Anne Road and Nimmo Church Lane. Said
parcel contains 23,958 square feet more or less.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
The following condition shall be required:
1. Subject to an evaluation and approval by the City Department of
Health of improvements to the septic tank system.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the condition
for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF
CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: Marie Reese
APPLICATION-. Conditional Use Permit
DESCP,MION: For a Pre-School
CITY COUNCIL SESSION'. April 14, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), EIAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CTTY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. Subject to an evaluation and approval by the City
Department of Health of improvements to the septic tank
system.
Owner
By:
Owner/Attorney/Agent
Date: / cts, I'@,f6
- 18 -
Item II-H.9
PLANNING ITEM # 25219
Thomas J. Laurendeau, Assistant Administrator, represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of ROCK CHRISTIAN
NETWORK for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROCK CHRISTIAN
NETWORK FOR A CONDITIONAL USE PERMIT FOR A TV
TRANSMITTER TOWER AND SATELLITE UP-LINK SITE
R0486823
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Rock Christian
Network for a Conditional Use Permit for a TV
Transmitter Tower and satellite up-link site on the
south side of Indian River Road, 4600 feet more or
less west of West Neck Road. Said parcel is
located at 2865 Indian River Road and contains 802
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. A 30-foot dedication along the frontage on Indian River Road, 45
feet from the centerline of the old 30-foot right-of-way to
provide for an ultimate 90-foot right-of-way as per the Master
Stret and Highway Plan.
2. Approval by the FAA of the antenna's height and location with
regards to the U.S. Naval Air Field flight path at Fentress
Station.
3. Conformance to the Comprehensive Zoning Ordinances concerning
COMMUNICATION TOWERS AND SATELLITE DISH ANTENNAS pending the
recommendation by the Planning Commission and adoption by City
Council.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
- 19 -
Item II-H.9
PIAMING ITEM # 25219 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
Louis R. Jones
- 20 -
Item II-H.10
PLANNING BY CONSENT ITEM # 25220
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of LITTLE PINEY GROVE BAPTIST CHURCH
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LITTLE PINEY GROVE
BAPTIST CHURCH CONDITIONAL USE PERMIT FOR A
CEMETERY R0486824
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Little Piney Grove
Baptist Church for a Conditional Use Permit for a
cemetary on certain property beginning at a point
408.89 feet west of Princess Anne Road, 373.09 feet
north of Buzzard Neck Road. Said parcel is located
at 665 Princess Anne Road and contains 41,095
square feet. Plats with more detailed information
are available in the Department of Planning. PUNGO
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
- 21 -
Item II-I.1
pLANNING - RECONSIDEELATION ITEM # 25221
Attorney David Miller represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED a WAIVER to a Condition imposed June 18, 1973, in the
petition of NINITZ, TAYLOR, SCOTT AND CULPEPPER for the closure of a
portion of Holly Boulevard (Lynnhaven Borough).
The Condition to be WAIVED:
Reservation of a 20-foot drainage & utility easement.
This Condition shall be @ED to:
Dedication of a 5-foot standard drainage and utility easement
along the eastern boundary,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
April 14, 1986
- 22 -
Item II-J.1
PLANNING ITEM # 25222
Gary Baird, the applicant, represented the Townhouse Association
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED for COMPLIANCE until the City Council Meeting of October
20, 1986, an Ordinance upon application of GARY BAIRD f or the
discontinuance, closure and abandonment of a portion of Weber Avenue.
Application of Gary Baird for the discontinuance,
closure and abandonment of a portion of Weber
Avenue beginning at the northern boundary of
Station Street, 163.63 feet west of College Park
Bouelvard and running in a northwesterly direction
to the Virginia Beach-Chesapeake City Line. Said
parcel is 50.90 feet in width and contains 12,333
square feet more or less. Plats with more detailed
information are available In the Department of
Planning. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property to incorporate the closed area into
the adjoining parcels and to insure that all lots have access to
a public street.
2. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
3. Closoure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
April 14, 1986
- 22a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH KNOWN AS WEBER
AVENUE, LOCATED IN THE KEMPSVILLE BOROUGH
OF THE CITY OF VIRGINIA BEACH, VIRGINIA AS
SHOWN ON THAT CERTAIN PLAT ENTITLED, "PRE-
LlMlNARY PLAT PURSUANT TO THE CLOSING OF
WEBER AVENUE, AS SHOWN ON PLAT OF SHEET 1,
AMENDED SUBDIVISION OF DORCHESTER VILLAGE,
KEMPSVILLE-BOROUGH-VIRGINIA BEACH, VIRGINIA",
WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE
OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN MAP BOOK AT PAGE
WHEREAS, it appearing by affidavit that proper
notice has been given by Dorchester Village Home
Association, that it would make application to the Council
of the City of Virginia Beach, Virginia, on February 10,
1986, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated:
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described
street be discontinued, closed, and vacated:
That certain portion of Weber Avenue to be vacated
as described below, as more fully shown on the plat
entitled, "Preliminary Plat Pursuant to the closing
of Weber Avenue as shown on Sheet 1, Amended Sub-
division of Dorchester Village, Kempsville Borough,
Virginia Beach, Virginia", in Map Book at page
and more particularly described as follows,
to wit:
Beginning at a pin located on the North side of
Station Street 163.63', more or less, from the
Northwest intersection of College Park Boulevard
and Station Street, running S 62' 37' 05" W, 50.901,
thence running N 38@ 11' 42" W 87.38' to the di-
viding line between the City of Virginia Beach and
the City of Chesapeake; thence running along said
dividing line N 13' 05' 07" W 117.82' to a pin lo-
cated on the east side of Weber Road; thence running
S 38' 11' 42" E a distance of 205.08 feet to the
point of beginning.
- 22b
2 -
Said Parcel of land being a portion of Weber Avenue as in-
dicated on that certain plat of property to be vacated for
Dorchester Village Home Association, which plat is
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book I at page
and which is made apart hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed
in the Office of the Circuit Court of the City of Virginia
Beach, indexed in tha name of the City of Virginia Beach,
as grantor.
SECTION Ill
22c
JETT, BEP.KIEY, FUILP, PRICE
@r.vs AT LAW 49-
323 WW pkta@ @ET 0".-.07a
MAIL @SS: P. 0. @ 1030 A*96@10, la.
WOR.FOLK, VIRGINIA 23501
...... TI ........
I.TTI.1
CERTIFICATE OF VESTING OF TITLE
I, John D. Padgett
attorney for porchester Village Home
do hereby certify that:
1. I am an attorney at law and represent porchester
vill.@. H@.@g A..@i.tinn I the petitioner.
2. If the property described below is discontinued,
closed, and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Dorchester
Village Home Owners the adjacent landowners,
The said property referred to herein is hereby
described as follows:
See Exhibit "A" attached hereto.
D. Pad
- 23 -
Item II-J.2
PLANNING ITEM # 25223
Attorney Wallace B. Smith represented the applicant and advised City
Council that the principals of PS Associates II, Ltd. are a California
based organization who operate Public Storage Management facilities in
Tidewater.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DEFERRED for COMPLIANCE, until the City Council Meeting of October
20, 1986, an Ordinance upon application of PS ASSOCIATES 11, LTD. for the
discontinuance, closure and abandonment of a portion of Branksome Drive.
Application of PS Associates II, Ltd., for the
discontinuance, closure and abandonment of a
portion of Branksome Drive located 590 feet more or
less northeast of South Independence Boulevard, 520
feet northwest of Edwin Drive and running in a
northwesterly direction a distance of 305.24 feet.
Said parcel contains 18,514.88 square feet.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
2. Retention of the existing 20-foot drainage easement across the
area proposed for closure.
3. Resubdivision of the property to incorporate the closed area into
the adjoining parcels and to insure that all lots have access to
a public street.
4. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 23a
ORDINANCE NO.
IN THE MATTER OF CLOSINGF VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET KNOWN AS BRANKSOME
DRIVE, LOCATED IN KEMPSVILLE BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN
PLAT ENTITLED 'PLAT OF BRANKSOME DRIVE (FORMERLY
ALEASE DRIVE) TO BE CLOSED AND VACATED, KEMPSVILLE
BOROUGH-VIRGINIA BEACH, VIRGINIA', WHICH PLAT IS
RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED
BOOK , PAGE
WHEREAS, it appearing by affidavit that proper notice
has been given by PS Partners II, LTD., that it would make
application to the Council of the City of Virginia Beach,
Virginia, on r 1986, to have the hereinafter
described street discontinued, closed and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed and vacated:
Branksome Drive, beginning at a pin where the
northerly line of Branksome Drive intersects the
easterly line of Property of Independence Business
Centre Associates, thence S 48 degrees 00 minutes
00 seconds E 81.77 feet to a pin; thence along a
curve to the right having a radius of 670.00 feet
an arc distance of 15.00 feet to a pin; thence
along a curve to the right having a radius of
670.00 feet, an arc distance of 164.59 feet to a
masonry pin; thence S 62 degrees 04 minutes 30
seconds E 58.63 feet to a pin; thence S 42 degrees
00 minutes 00 seconds W 61.86 feet to a pin;
thence N 62 degrees 04 minutes 30 seconds W 43.59
to a pin; thence along a curve to the left having
a radius of 730.00 feet an arc distance of 179.12
feet to a pin; thence along acurve to the left
having a radius of 730.00 feet an arc distance of
1.99 feet to a pin; thence N 48 degrees 00 minutes
00 seconds W 81.77 feet to a pin; thence N 42
degrees 00 minutes 00 seconds 60 feet to the point
of beginning (Portion to be vacated is designated
as 0.420 ac. of Branksome Drive formerly Alease
Drive).
- 23b -
There is expressly reserved unto the City of
Virginia Beach, a drainage easement 20' feet in
width shown on that certain plat entitled "Plat of
Branksome Drive (Formerly Alease Drive) to be
Closed and Vacated" as "20' Drainage Easement
hereby reserved by the City of virginia Beach'.
Said parcel of land being a portion of Branksome Drive as
indicated on that plat recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach, Virginia in Deed
Book page and which is made a part hereof by
reference.
SECTION II
A certified copy of this ordinance shall be filed in the
Clerk's office of the Circuit Court of the City of Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
W@CE B. SMrrH
ATfORNEY AT LAW
P.O. BOX 6124
VIRGINIA BEACH, VA 23456
@ONE
(804) 42@24
CERTIFICATE OF VESTING OF TITLE
1, Wallace B. Smith, attorney for PS Partners II, LTD.8 do
certify that:
1. I am an attorney at law and represent -PS Partners II,
LTD., the petitioners.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in PS Partners
II, LTD. as to a part thereof and Holland office Park Associates,
as to a part thereof.
That said property referred to herein is hereby described
as follows:
Branksome Drive, beginning at a pin where the
northerly line of Branksome Drive intersects the
easterly line of Property of Independence Business
Centre Associates, thence S 48 degrees 00 minutes
00 seconds E 81.77 feet to a pin; thence along a
curve to the right having a radius of 670.00 feet
an arc distance of 15.00 feet to a pin; thence
along a curve to the right having a radius of
670.00 feet, an arc distance of 164.59 feet to a
masonry pin; thence S 62 degrees 04 minutes 30
seconds E 58.63 feet to a pin; thence S 42 degrees
00 minutes 00 seconds W 61.86 feet to a pin;
thence N 62 degrees 04 minutes 30 seconds W 43.59
to a @pin; thence along a curve to the left having
a radius of 730.00 feet an arc distance of 179.12
feet to a pin; thence along a curve to the left
having a radius of 730.00 feet an arc distance of
1.99 feet to a pin; thence N 48 degrees 00 minutes
of beginning (Portion to be vacattd is designated
as 0.420 ac. of Branksome Drive formerly Alease
Drive) .
There is expressly reserved unto the CitY Of
Virginia Beacb, a drainage easement 20' feet in
widtb shown on that certain plat entitled 'Plat of
Branksome Drive (Formerly Alease Drive) to be
Closed and Vacated' as 1201 Drainage Easement
hereby reserved by the City of Virginia Beach".
Very truly
6i 9
Wallace B. Smith
- 24 -
Item II-J.3.
PLANNING ITEM # 25224
Attorney Robert Cromwell represented the applicant
LCDR Petrie, NAS Oceana, spoke in OPPOSITION and advised this parcel lies
within the Naval Air Station Oceana Air Installations Compatible Use
Zones (AICUZ) Noise Zone Three.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of PERKINS BUILDING
CORPORATION for a Change of Zoning:
ORDINANCE UPON APPLICATION OF PERKINS BUILDING
CORPORATION FOR A CHANGE OF ZONING FROM A-1 TO A-2
Z04861079
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Perkins Building
Corporation for a Change of Zoning District
Classification from A-1 Apartment District to A-2
Apartment District on certain property located on
the south side of Old Virginia Beach Road, 587 feet
west of South Birdneck Road. Said parcel contains
1.31 acres. Plats with more detailed information
are available in the department of Planning.
LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following
requirement shall be met:
1. Dedication of right-of-way along the frontage on Old Virginia
Beach Road to provide for an ultimate 60-foot right-of-way in
accordance with previous dedications and requirements for
property to the east.
The following condition shall also be required:
2. Disclosure of AICUZ Noise and Accident Potential Zone
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, Vice Mayor Reba S. McClanan
and Meyera E. Oberndorf
Council Members Absent:
None
- 25 -
Item II-J.4
PLANNING ITEM # 25225
Stephenson McNamara, Vice President of Southern Starr Broadcasting,
represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of SOUTHERN STARR
BROADCASTING for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SOUTHERN STARR
BROADCASTING FOR A CONDITIONAL USE PERMIT FOR A
RADIO TRANSMITTER LINK ANTENNA TOWER R0486825
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Southern Starr
Broadcasting - WTID Radio for a Conditional Use
Permit for a radio transmitter lirik- antenna tower
on the east side of Mustang Trail, 480 feet more or
less south of Virginia Beach Boulevard. Said
parcel is located at 242 Mustang Trail and contains
2.8 acres. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. Approval by the FAA of tower and antenna's constuction and
support, height, and location with regards to NAS Oceana.
3. A letter is to be submitted by the applicant to R & K Chevrolet
assuring them that this use will in no way interfere with
computer operations.
4. Conformance to the Comprehensive Zoning Ordinances concerning
COMMUNICATION TOWERS AND SATELLITE DISH ANTENNAS pending the
recommendation by the Planning Commission and adoption by City
Council.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 26 -
Item II-J.5
PLANNING ITEM # 25226
Edna Carroll, the applicant, represented herself
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of EDNA CARROLL for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EDNA CARROLL FOR A
CONDITIONAL USE PERMIT FOR A MOBILE HOME FOR FARM
LABORER R0486826
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Edna W. Carroll for a
Conditional Use Permit for a mobile home for farm
laborer on the southwest side of Princess Anne
Road, 1230 feet more or less southeast of Landing
Road. Said parcel is located at 345 Princess Anne
Road and contains 90.343 acres. Plats with more
detailed information are available in the
Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. A 20-foot dedication of right-of-way along the frontage on
Princess Anne Road, 45 feet from the centerline of the old
50-foot right-of-way to provide for an ultimate 90-foot
rigbt-of-way as required by the Master Street and Highway Plan.
The survey and plat shall be provided by the City Engineer's
Office.
2. Approval of the Board of Zoning Appeals variance to the 100 acre
minimum lot area requirement.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of tbe City of Virginia Beach, Virginia, on the
Fourteenth day of April, Nineteen Hundred and Eigbty-six.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, U. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
April 14, 1986
- 27 -
Item II-J.6.a
PLANNING ITEM # 25227
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to amend and reordain Section 6.3 of the
Subdivision Ordinance pertaining to final plats and
data
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 27a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6.3
OF THE SUBDIVISION ORDINANCE
PERTAINING TO FINAL PLATS AND DATA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6.3, Final plats and data, of the Subdivision Ordinance be
amended and reordained in part as follows:
(S) The tax map reference number or qeographic parcel identification
number (GPIN #) for each. lot and/or parcel being created or ref-
erence by the plat.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of april 1986.
APPROVED AS TO CONIEt4-4
AppiZS,@E AS 'ro R-ORM
i',FTORNEY
- 28 -
Item II-J.6.b
PLANNING ITEM # 25228
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf,
City Council ADOPTED:
Ordinance to amend and reordain Article 1, Section
108 of the Gomprehensive Zoning Ordinance
pertaining to signs relating to applications for
rezoning, conditional use permits and appeal for
variances.
Councilman Jennings suggested reducing to "common sense" content the
verbage of said signs.
The Building Inspection Personnel are to advise City Staff if these signs
are still not removed after action of City Council.
Vice Mayor McClanan advised this signage is not required by State Law. Sam
Houston was instrumental in City Council's requiring the posting of these
signs relative to applications for rezoning, conditional use permits and
appeal for variances.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 28a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 108
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO POSTING OF SIGNS
RELATING TO APPLICATIONS FOR REZONING,
CONDITIONAL USE PERMITS AND APPEAL FOR VARIANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 108, Posting of signs (relating to applications
for rezoning, etc.), of the C.Z.O. be amended and reordained in part as follows:
Sec. 108. Posting of signs (relating to applications for rezoning,
etc.).
In addi,tion to notice of public hearings as required by general law,
in the case where a property owner petitions for rezoning of property,
conditional use pertnits or appeal for variance, the applicant shall erect,
on or immediately adjacent to such property, a suitable sign clearly
visible and legible from public streets. Such sign shall be erected not
less than fifteen (15) days before the public hearing of which it gives
notice, and shall display information as to nature of the application
and date and time of the scheduled Planning Commission hearing. Signs
may be purchased in the Planning Department office, or must duplicate
those signs in size, fortnat, lettering, col rin and wording. Such
signs may not be removed by the applicant until the hearing before City
Council, and shall be removed within five (5) days after said City
Council hearing. Notwithstanding the above, the City Council may deny
or defer an application for which such signs have been inadequately
posted.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14thday of April 1986.
AS TO 1/2-@i-,r,7,44T
R-OP-IA
- 29 -
Item II-J.6c.
PLANNING ITEM # 25229
James Morrow, General Partner, Lotus Creek Associates, spoke in favor of
the PD-H2 and offered services of the consulting firm his company
utilized. This firm could provide assistance to the City
concerning the PD-H2
OPPOSITION:
Rae H. LeSesne, President of the Council of Civic Organizations, advised
City Council the CCO wished to ELIMINATE the PD-H2 Ordinance.
Mack C. Queen, represented the Lakeview Civic League
A MOTION was made by Councilman Louis Jones, seconded by Councilman
Jennings, to DEFER the application to amend and reordain Article 11, part C
of the Comprehensive Zoning Ordinance pertaining to PD-H2 Planned Unit
Development District for consultant's study and recommendation.
A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by
Councilwoman Oberndorf, to ADOPT the Ordinance to amend and reordain
Article 11, Sections 1100, 1120, 1121 and 1122 of the Comprehensive Zoning
Ordinance pertaining to the PD-HI and PD-H2 Planned Unit Development
Districts.
Voting: 3-8 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 30 -
Item II-6.c
PLANNING ITEM # 25229 (Continued)
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings,
City Council DEFERRRED the application to amend and reordain Article 11,
Part C of the Comprehensive Zoning Ordinance pertaining to PD-H2 Planned
Unit Development District for consultant's study and recommendation.
Councilman Jennings read into the record the letter of Thomas M. Ammons,
III, Chairman of the Planning Commission, in support of the PD-H2
Ordinance. Councilman Jennings requested City Staff investigate the matter
of FLOOD PLAIN inter-dependency with the PD-H2 and a report be presented to
City Council.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
A ril 14 1986
- 31 -
Item II-J.6.d
PLANNING ITEM # 25230
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council ADOPTED:
An Ordinance by Resolution of the Council of the
City of Virginia Beach to establish an Historic and
Cultural District on certain property located at
the southeast corner of General Booth Boulevard and
Princess Anne Road and shown as "Residue Acreage"
on that certain plat recorded in Map Book 168, page
51, in the Clerk's Office of the Circuit Court.
Said parcel contains 3.25 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item II-J.6.e
PLANNING ITEM # 25231
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council ADOPTED:
A Resolution directing the Planning Commission to
make its recommendation concerning a proposed
amendment to Section Ill of the Comprehensive
Zoning Ordinance pertaining to the definition of a
day care center.
Vice Mayor McClanan requested the Planning Commission should also
investigate certain criteria when determining whether to recommend APPROVAL
of applications for day care centers. Traffic, safety, and the particular
type of neighborhood should be considered.
Councilman Fentress requested the Planning Commission be sure the State and
City Code are comparable.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
H. Jack Jennings, Jr.
- 32a -
APPROVED AS TO CONTENTS
SIG.NA-,UqU
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO REVIEW AND MAKE
T RECOMMENDATION TO CITY COUNCIL
CONCERNING A PROPOSED AMENDMENT TO
AP@,@,,%,@-JVE.D AS rO LEGAL SECTION 111 OF THE COMPREHENSIVE
ZONING ORDINANCE PERTAINING TO THE
DEFINITION OF A DAY CARE CENTER
WHEREAS, Section 111 of the Comprehensive Zoning
Ordinance, pertaining to the definition of a Day Care Center,
currently provides, in part, that where more than five (5)
children are received except children related to the persons who
maintain the home or where the total number of children received,
including relatives, exceeds seven (7), the facility shall be
considered to be a Day Care Center; and
WHEREAS, the City Council is of the opinion that the
definition of a Day Care Center should be amended so as to delete
the reference to "the total number of children received,
including relatives, exceeds seven (7)."
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission is directed to examine
and make its recommendation concerning a proposed amendment to
Section 111 of the Comprehensive Zoning Ordinance which would
provide that facilities operated in a private home shall be
considered to be a Day Care Center only when more than five (5)
children are received except children who are related by blood or
marriage to persons who maintain the home.
2. That the Planning Commission is directed to report
its recommendation within sixty (60) days of the date of this
Resolution.
Adopted by the Council of the City of Virginia Beach,
virginia on the 14 day of -April 1986.
GLF/jmh
(RES.2)
-32b -
AN ORDINANCE TO AMEND SZCTION 111
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO THE DEFINITION OF A
DAY CARE CENTER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the definition of a "Day Care Center" as contained
in Section 111 of the Comprehensive zoning ordinance of the City
of Virginia Beach be amended and reordained as follows:
Day care center. Any facility operated for the
purpose of providing care, protection and guidance to a group of
children separated from their parents or quardians during a part
of the twenty-four-hour day. In regard to the facilities
operated in a private family home as an approved home occupation,
this term shall apply only to homes in which more than five (5)
children are received, emeept excluding children who are related
by blood or marriage to persons who maintain the home. or-where
the-total-ntunber-of-ehildren-reeeive&7-ineluding-relatives,
exceeds-seven-+4+T
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1986.
GLF/jiuh
03/13/86
(ORD.E)
April 14, 1986
- 33 -
Item II-K.1a.
RESOLUTIONS - INDUSTRIAL DEVELOP@ REVENUE BONDS
ITEM # 25232
The City Attorney referenced the Resolution approving the issuance of
Industrial Development Revenue Bonds to RICHARDSON ASSOCIATES, INC.
FACILITY in the amount of $7,725,000.
The Development Authority has requested Richardson Associates provide a
letter from the Zoning Administrator certifying the proposed use of this
property is proper under the Zoning Ordinance. To date, this letter has
not been received.
City Council took NO ACTION on this Resolution.
The City Attorney's letter of April 11, 1986, concerning same, is hereby
made a part of the record.
- 34 -
Item II-K.1 b/c/d/e.
ITEM # 25233
RESOLUTIONS-INDUSTRIAL DLiVELOPMENT REVENUE BONDS
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED Resolutions approving the issuance of Industrial Development
Revenue Bonds:
ROBERT DE GROUCHE/OCEAN GARDENS MOTEL $1,500,000
ARCHITECTURAL GRAPHICS, INC. $1,500,000
BAY PROPERTIES $ 525,000
EDWARD T. FISCHER AND FRANK T. GUTHRIE $ 980,508
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. and Robert G. Jones
- 34a -
BOND ISSUES FOR CITY COUNCIL'S APRIL 14, 1986, AGENDA
HOTEL/MOTEL
Richardson Associates - $7,725,000
Robert degrouche - $1,500,000
OFFICE/WAREHOUSE/DISTRIBUTION
Architectural Graphics, Inc. - $2,250,000
Bay Properties - $525,000
Edward T. Fischer & Frank T. Guthrie - $980,508
SUMMARY SHEET
CITY OP VIRGINIA BEACII DEVELOPMENT AUTliORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Robert de Grouche
1. PROJECT NAME: Ocean Cardens Motel
2. LOCATION: 421 21st St., Virginia Bea@h,
Virginia 23451
3. DESCRIPTION OF PROJECT: 28 unit efficiency motel
4. AMOUNT OF BOND ISSUE: $1,500 000
5. PRINCIPALS: Robert de Grouche Associates
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-4
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification? N/A
I 1 / 53
FISCAL IMPACT STATEMENT
DATE: September 25, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Ocean Cardens Motel (Robert de Grouche)
TYPE OF FACILITY: 28 unit 2-room each suite efficiency motel
1. Maximum amount of financing sought $ 1 000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 1,500,000
3. Estimated real property tax per year
using present tax rates $ 12,000
4. Estimated personal property tax per
year using present tax rates 000
5. Estimared merchants' capital (business
license) tax per year using present tax
raLes 2,000
6. Estimated dollar value per year of coods
and services that will be purchased
locally 75,@00
7. Estimated number of regular emoloyees on
year round basis 3
8. Average annual salary per emLDloyee 13,187
The information contained in this statement is based solel';
on Eacts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
Citv of Virginia Beach
Development Authori
B
Ec
onom'c 'mpact Statement
1. Amount of investment 1,875,000
2, Amount of industrial revenue b,nd financing
sought
3. Estimated taxable value of the facility,s
real property to b@ constructed in th@ City
Of Virginia Beach
100 000
4.. Estimated real property tax per Y'ear using
Present tax rat, i" 000
5. Estimated personal Property tax
6. Econ0mic im0act statement demonstratinq the
overall return to the'city:
A. Nunber of new jobs
B- PaYroll generated $ 39,56, Av. Wage 11,117
C. Number of jobs retainbd NONE
D- PaYroll retained $ NI)NE AV. Wage $ ONE
E. Estimate of the value of goods. and Services Purchased
within the geographic boundary of Virginia Beach by
tYpe (inventory, machinery, professional services,
insurance,'motor vehicles, etc.):
Type Value
6,600
5,040
aiice 10,580
TOTAL $-75,800
Estimated building permit fee a,d other munilipal
fees $ 12, 000
G. Estimated construction pavroll $ 390,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach 480,000
1. Estimated n-ber of construction jobs 40
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project Imp.rovemen f the resort viding
a new first class motel; imp
archil ly and aestheti
7. Is the site currently'zoned for the use of being proposed
for industrial revenue bond financing? Yes X No
8. Hps a bond Purcha-se agreement/commitment been accer)ted by
the applicant? (attach a,col)y) Yes 'No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes
No x Must close in calender.year 1986 since tlie application is too
late to obtain an allocation in 1985.
10. @cation of project (attach location map)
ative financing.
I hereby certify that the inf()rmation Stated j, the abov,
Economic Impact Stateme,t-i5 accurate and true in all resrdects.
Subscribed and swl)rn to before me thi,
1984.
@'Y co,-,.mis,-io,
NORTH LINKHORN
EACH Bild Nnk Pi L17-rl@E PARK
Y., I.,
v
I T'@
H
C...
'C E A@N
GARgENS_--
IT
TMCMLXXXV A
PROJECT NAME: Ocean Gardens Motel
PROJECT DESCRIPTION: 28 unit 2-room each suite efficiency
motel
PROJECT LOCATION: 421 21st Street
Virginia Beach, Virginia
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on April 14, 1986.
On Motion by and seconded by
the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV-
ENUE BONDS TO ROBERT DE GROUCHE ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of Robert de
Grouche Associates (the "Company") for the issuance of the Au-
thority's industrial development revenue bonds in an amount not
to exceed $1,500,000 (the "Bonds') to assist in the financing
of the Company's acquisition, construction and equipping of a
28-unit 2-room each suite efficiency motel unit with ancillary
furniture, fixtures, machinery and equipment (all improvements
and land being collectively referred to as the "Facility") in
Virginia Beach, Virginia, and has held a public hearing thereon
on April 8, 1986; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City"), to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority, in a principal amount not to ex-
ceed $1,500,000 for financing the acquisition, construction and
equipping of a 28-unit 2-room each efficiency motel unit with
ancillary furniture, fixtures, machinery and equipment to be
located at 421 21st Street in Virginia Beach, Virginia, for the
benefit of Robert de Grouche ASSOCiates, to the extent required
by Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as re-
quired by Section 103(k), does not constitute an endorsement of
the Bonds or the creditworthiness of the Company, but, as re-
quired by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bonds shall provide that neither the City nor the
AUthority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employ-
ees and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including but not limited to
any decision by the Authority in its sole discretion to allo-
cate its allowable private activity bond limit to one or more
other projects if the issuance of tax-exempt bonds by the Au-
thority is restricted by any State or Federal statute now or
hereafter enacted; or (2) the Authority's failure for any rea-
son after the issuance of the Bonds for the Facility to allo-
cate a portion of its allowable private activity bond limit to
the Facility if the issuance of tax-exempt bonds by the Author-
ity is restricted by any State or Federal statute now or here-
after enacted.
4. This Resolution shall take effect immediately upon
its adoption.
-2-
Adopted by the Council of the City of Virginia Beach, Vir-
ginia, on April _, 1986.
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held April _L4, 1986.
Clerk
-3-
EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVOTOPMENT AUTHORITY
INDUSTRIAt DEVELOPMENT REVENUE BOND
R04ECT NAME: Architectural Graphics, Inc.
,OCATION: International Parkway and Riline Road
DESCRIPTION OF PROJECTS 40,000 square feet Headguarters and
Manufacturing Facility for sign manufacturing.
AMOUNT OF BOND ISSUE: $2,250,000.00
PRINCIPALS: Fred T. Knowles
David W. Ramsay
ZONING CLASSIFICATIONT
a. Present zoninq
classification of the
Prop*rty
b. In r*zonin<j proposed? Yes No x
c. If so, to what zonin(j
classification? N/A
Exhibit D
FISCAL IMPACT STATEMENT
FUR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
k'ebx-uiLrY 5. 1986
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAMET Fred T. Knowleu & I)ayid W. Rumay for Architectur&l Grapiiics, Inc.
TYPE OF FACILITYs Manufacturing & Corporat4a Headqu,&rters
I -MdXimum amount of financing sought $ 2,250,000
2. Estimdted taxable value of the facility's
real Property to be constructed in the
municLpaiity $ i@qoo.ooo
3. Estijuated real property tax per year
usifig present tax rates $ 1 9 0 0 0
4. Estimdted personal property tax per
year using present tax rates $ 400
5. Estiinated merchants' capital (business
license) tax per year using pcesent tax
rates $ 0
6. Estimated dollar value per year of gc>ods
and services that will be purchased
locally $2,700,000
7. Estimated number of regular employees on
year round basis $ 120
8. Average annual salary per employee $ 24 f)(,l
The Information contained In this Statement is based solely
ori facts and estlinates provided by the Applicant, and the
AuLnority tias made no independent investigation with repect
thereto.
City of Virginia Be4ch
Development Authority
BY- .@/
c]
Exhibit H
Economic Impact Statement
1. Amount of invest-nt $2,250,000
2. Amount of industrial revenue band financing
sought $ 2.21)0.000
3. Estimated taxable value of the facility's
r@ property to be constructed in the City
of Virginia Beach $ 1,900,000
4. Estimted real property tax per year using
present tax rate $ 19 , o o o . o o
5. Eatimted porso"l proporty tax $ 400
6. Econo"c impact statownt demonstratlag the
overall rotu= to che ci-ty:
A. Number of now jobs 120 vossiblo
D. Payroll ganaratea s 2.887,320- Av. Wag& 24,061
C. Number of jobs rit@gd N/A
D. Payron rotained N/A Av. Wage
E. zstimte of the valua of goods and servic&* purchased
within th* Scographic boundary of Vir&:Lnia B"ch by
type (inventory. uachintry. profess serv@s.
@rm", notat vehiclas. otc.):
T"* valuo
Raw Materials Inventory $.1.700.000
Vehicles and Shipping s. 256,000
Equipment and Expenses $ 125,000
Facility $ 260,000
Professional Services $ 30,000 TOTAL 2,700,000
Insurance $ 300,000
Miscellaneous $ 29,000
F. Eacimaced building permit fee and other municipal
fees $ 2,500
G. Estimated conscruction payroll $ 500 no()
H. Estimated value of construction material
to be purchased withln the City of
Virginia Boach $
1. Escimaced number of construction jobs 75
J. Any other Items which the applicant fcols
the Authority should be made aware of in
evaluat@ the project Project will not be consumed without
receipt of Industrial Revenue Bonds.
7. is the sits currantly zonod for the specific use being
Zoned
proposad for industrul revenue bond f lng? Yea@ f-1
No
8. Has a bond purchase agrament/co=mitmuc been accepted by
th* &pplic&nt? (at@ &.copy) Yes No
9. Will the boud f@cing @so within 90 days fros the
data of adoption of tha @cemat rasOlutiOn? TOO X
No
10. Locat:Lon af projict (attach location O&p) International Parkway
and Riline Road.
11. Explanation Of altemat:Lve financing that has been
reviewed for projec
I heretxy certify that the information stated in the above Economic
ImPaCt Statement is accurate and true in all respects.
nsel for Applicant
Subscribed and sworn to before me this 1986.
Public
My Commission Expires:'@r/y
PROJECT NAME: ARCHITECTURAL GRAPHICS, INC.
PROJECT ADDRESS: INTERNATIO14AL PARKWAY & RILINE ROAD
TYPE OF PROJECT: HEADQUARTERS & MA14UFACTURIt@G FACILITY
RESOLUTION AMENDING PRIOR RESOLUTION
APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR ARCHITECTURAL GRAPHICS, INC.
WHEREAS, Fred T. Knowles and David W. Ramsay (the
Applicant) have requested the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority) to
assist them in financing the acquisition, construction, improve-
ment and equipping of certain land and buildings located
in the City of Virginia Beach (the Facility), by the issuance
of the Authority's series 1986 industrial development revenue
bond, which Facility the Applicant proposes to lease to Architectural
Graphics, Inc. (the Corporation) for use as a corporate head-
quarters and manufacturing facility for a firm producing
sign systems, all pursuant to the Industrial Development
Bond Act, Chapter 31, Title 15.1, Code of Virginia of 1950,
as amended (the Act); and
WHEREAS, the Authority on March 11, 1986, adopted
an Inducement Resolution agreeing, among other things, to
assist the Applicant in every reasonable way to finance the
acquisition, construction, improvement and equipping of the
Facility and, in particular, to undertake the issuance of
its industrial development revenue bond therefore in an amount
not to exceed $1,750,000.00, upon terms and conditions to
be mutually agreed upon between the Authority and the Applicant;
and
WHEREAS, following the passage of its inducement
resolution, the Authority requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve
the issuance of the bonds to comply with SS103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, the Council adopted a resolution on March
17, 1986, approving the issuance of industrial development
revenue bonds for the Architectural Graphics, Inc. Facility
in an amount not to exceed $1,750,000.00; and
WHEREAS, subsequent to passage of the foregoing
resolutions by the Authority and the Council, the Applicant
received bids from contractors to construct the Facility
which far exceeded their original expectations; and
WHEREAS, it now appears that the Facility cannot
be acquired, constructed and equipped for less than $2,250,000.00;
and
WHEREAS, the Authority has considered the request
of the Applicant to amend its prior resolution to increase
the amount of bond financing available to the Applicant to
an amount not to exceed $2,250,000.00; and
WHEREAS, the Authority has passed a resolution
amending its prior resolution concerning the issuance of
industrial development revenue bonds for the benefit of the
Applicant to increase the amount of bond financing available
to the Applicant to an amount not to exceed $2,250,000.00;
and
WHEREAS, a public hearing has been held with respect
to the increased amount of financing sought by the Applicant
as required by SS103(k) of the Internal Revenue Code of 1954,
as amended; and
WHEREAS, the Authority has requested the Council
to approve the issuance of the bonds in the increased amount
of $2,250,000.00 to comply with SS103(k) of the Internal Revenue
Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virqinia,
1950, as amended, a copy of the Authority's amending resolution
approving the issuance of the increased amount of the bonds
subject to terms to be agreed upon, and a reasonably detailed
summary of the comments expressed at the public hearing,
if any, have been filed with the Council; and
WHEREAS, the Council has determined that it is
appropriate to increase the amount of its prior resolution
approving the issuance of the bonds to the Applicant for
the benefit of Architectural Graphics, Inc., and to otherwise
ratify and confirm its prior resolution in all respects;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Virginia Beach, Virginia:
1. The Council of the City of Virginia Beach,
virginia, approves the issuance of bonds by the City of Virginia
Beach Development Authority to Fred T. Knowles and David
W. Ramsay to be used for the benefit of Architectural Graphics,
Inc., in an amount not to exceed $2,250,000.00, to the extent
of and as required by SS103(k) of the Internal Revenue Code,
to permit the Authority to assist in the financing of the
Facility.
2. The approval of the issuance of the bonds as
required by SS103(k), does not constitute an endorsement of
the bonds or the creditworthiness of the Applicant; but,
pursuant to Chapter 643, Virginia Acts of Assembly of 1964,
as arnended, the bonds shall provide that neither the City
nor the Authority shall be obligated to pay the bonds or
the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither
the faith or credit nor the taxing power of the Commonwealth,
the City or the Authority shall be pledged thereto.
3. This resolution shall take effect immediately
upon its adoption.
ADOPTED by a majority of a quorum of the Council
of the City of Virginia Beach, Virginia, on April 14
1986.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. Project Name: Bay Properties, a Virginia General Partnership
2. Project Location: Parcel 34, Area 2, Oceana West Industrial Park,
833 Seahawk Circle, Virginia Beach, Virginia
3. Description of
Project: CONSTRUCTION AND EQUIPPING OF A 24,000
SQUARE FOOT (APPROXIMATE) OFFICE,
WAREHOUSE AND DISTRIBUTION FACILITY
4. Amount of
Bond Issue: $525,000.00
5. Principals: B. W. RODRIGUEZ
D. L. SPARKS
6. Zoning Classification:
(a) Present zoning
classification of
the property? 1-1
(b) Is rezoning proposed? Yes - No x
(c) If so, what zoning
classification? N/A
REDA/6059.6.C
FISCAL IHIPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: APRIL 8, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: BAY PROPERTIES,
A VIRGINIA GENERAL PARTNERSHIP
TYPE OF FACILITY: 24,000 SQUARE FOCRT OFFICE, WAREHOUSE
AND DISTRIBUTION FACILITY TO BE
CONSTRUCTED ON A 2 ACRE PARCEL OF
LAND DESIGNATED AS PARCEL 34 IN AREA
NO. 2, OCEANA WEST INDUSTRIAL PARK,
833 SEAHAWK CIRCLE, VIRGINIA BEACH,
VIRGINIA
1. Maximum amount of financing sought $ 525,000.00
2. Estimated taxable value of the facility's $ 600,000.00
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ 5,000.00 +
present tax rates
4. Estimated personal property tax per year $ 1,000.00 +
using present tax rates
5. Estimated merchants' capital (business $ 25,000.00 +
license) tax per year using present
tax rates
6. Estimated dollar value per year of goods $3,000,000.00
and services that will be purchased locally
7. Estimated number of ,regular employees on 100 - 150
year round basis
8. Average annual salary per employee varies due to
fluctuations in
contracting
companies
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
BY
.9irm,
REDA/6059.2.C
Economic Impact Statement
1 Amount of investment $ 600,000.00
2. Amount of industrial revenue bond
financing sought $ 525,000. O()
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach $ 600,000.00
4. Estimated real property tax per
year using present tax rate $ 5,000.00 + or
5. Estimated personal property tax $ 1,000.00 + or
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 60 -8 0
B. Payroll generated $ varies Av. Wage $
C. Number of jobs retained ioo-i-@o
D. Payroll retained $ varies Av. Wage $ varies
E. Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc.)-.
Type Value
Inventory $100,000.00
Machinery $150,000.00
Professional Services $ 40,000.00
Insurance and other business services $ 50,000.00
F. Estimated building permit fee
and other municipal fees
@-avroll i.lar4@es due -,c) fluct,-iar@---ns @@n @n--rac--@-ra
2
G Estimated construction payroll $ 25 00 0 0 . 0 0
H. Estimated value of construction
material to be purchased within
the City of Virginia Beach $ 3 50 0 0 0 . 00
I. Estimated number of
construction jobs varies
J. Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project Current buildinq on site has 60
or more ermlovees and thes7 co-@ies also have another 80-100
enmlovees workinq at various construction sites.
7. Is the site currently zoned for the use of being
proposed for industrial revenue bond financi4g?
Yes x No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes x No
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes No
10. Location of project (attach location map) lIr
o. 2, Oceana West Industrial Park, 8
Area N
Circle, Virginia Beach, Virginia
11. Explanation of alternative financing that has been
reviewed for project
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
3
BAY PROPERTIES,
A Virginia qeneral partnership
(Applican
Subscribed and sworn to before me this cAc@ day of
1986.
Notary P blic
MY Commission Expires: My Comr...@Icr. 16, 1,-,36
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@.TIIAC@ IT
PROJECT NAME Bay Properties, a Virginia general partnership
PROJECT ADDRESS: Parcel 34, Area No. 2, Oceana West Industrial
Park, 833 Seahawk Circle, Virginia Beach, Virginia
TYPE OF PROJECT: Office, Warehouse, Distribution Facility
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
BAy PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") has considered the application and plan of financing of Bay
Properties, a Virginia general partnership (the "PurchaE;er") for the
issuance of the Authority's industrial development revenue bonds in an
amount estimated at Five Hundred Twenty-Five Thousand Dollars
($525,000.00) (the "Bonds") to assist in the financing of the
Purchaser's construction and equipping of a 24,000 square foot
(approximate) office, warehouse and distribution facility located on a 2
acre parcel of land designated as Parcel 34 in Area No. 2, Oceana West
Industrial Park, 833 Seahawk Circle, Virginia Beach, Virginia (the
"Facility"), and after proper notice in a newspaper of general cir-
culation has held a public hearing thereon on April 8, 1986, pursuant to
Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
if any, as well as the Economic Impact Statement and other requested
documents, have been filed with the Council of the City of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Bay Properties, a Virginia general part-
nership, to the extent of and as required by Section 103(k) of the
Internal Revenue Code, to permit the Authority to assist in the
financing of the Facility.
-1-
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on April 14, 1986.
REDA/6059.5.C
-2-
4/25/84 EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: EDWARD T. FISCHER & FRANK T.
2. LOCATION: 5483 Vir@ Beach Bc)uievar'd
V-g-a Be-h, V-p-
3 DESCRIPTION OF PROJECT: sing of real estate and construction of
buAdiLng for purpose of retail car-pet sales and
warehouse facaities
4. AMOUNT OF BOND ISSUE: $980,508.0()
5. PRINCIPALS: Edward T. Fischer
Frank T. Guthrie
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property 1-2
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification? N/A
Exhibit D
FISCAL IMPACT STATEMENT
FOR'PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: 19, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: EDWARD T. & MW T.
TYPE OF FACILITY: Retail @t, office aM e
1 - Maximum amount of financing sought $ 980,
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 1,200,000
3. Estimated real property tax per year
using present tax rates $ 9,600
4. Estimated personal property tax per
year using present tax rates $ 8,000
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 10,000
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ nm
7. Estimated number of regular employees on
year round basis 100
8. Average annual salary per employee is.ooo.oo
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beac
Development Authority
B
Economic Impact Statement
1. Amount of investment $-980,508
2. Amount of industrial revenue bond financing
sought 1 $ 98015D8
3. Estimated taxable value of the facility's
real property to be constructed in the CitY
of virginia Beach $ 1,200,000
4. Estimated real property tax per year using
$ 9,600.00
present tax rate -
5 Estimated personal property tax $- 8,OOC).OD
6. Economic impact statement demonstrating the
overall return to the-city:
A. Number of new jobs 40
B. Payroll generated $600,000.oo Av. Wage $
C. Number of jobs retained 60
D. Payroll retained $ 900,000.00 Av. Wage $lq-cm-nn
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehiclest etc.):
Type Value
inventory $ 200,000
WA@ mterials $ 400,000- OC)
@tor Vehicles $ 25,000.00
TOTAL $ 625,ooo.op
F. Estimated building permit fee and other municip&l
fees $ 15,000-00
G. EStimated construction payroll $400,0()o
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $ 400,000
I. Estimated number of construction jobs 20
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes x
No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a copy) Yes No x
9. Will the bond financing close within 90 days from the
date of adoption of.the inducement resolution? Yes
No
10. Location of project (attach location map)
11. Explanation of alternative financing that has been
reviewed for project now
ik
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(@p ican)r)
Subscribed and sworn to before.me this 12th day of
19816.
N6tary Puptic
My Commission Expires: 2A8/89
2,670 a..
NAME: EWARD T.
LOCATION: Beadi BD
I V-@
OF @es,office &
L127LE
SCALE 1 2640 (.5 MILE)
RESOLUTION APPROVING THE PLAN OF FINANCING
AND ISSUANCE OF INDUSTRIAL REVENUE BONDS
FOR EDWARD T. FISCHER & FRANK T. GUTHRIE
WHEREAS, the City of Virginia Beach Development Authority (the
Authority) has considered the application and plan of financing of EDWARD T.
FISCHER & FRANK T. GUTHRIE (the Company) for the issuance of the Authority's
industrial development revenue bonds in an amount estimated at $980,508.00
(the Bond) to assist in the financing of the Company's acquisition of real
estate and construction of a building for the purpose of retail carpet sales
and warehouse facilities, (the Facility) to be located at 5483 Virginia
Beach Boulevard, in the City of Virginia Beach, Virginia, and has held a
public hearing thereon on -, and
WHEREAS, the Authority has requested the City Council (the Council)
of Virginia Beach, Virginia (the City), to approve the plan of financing and
issuance of the Bond to comply with Section 103(k) of the Internal Revenue
Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the plan of
financing and issuance of the Bond, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the public
hearing, if any, have been filed with the Council of the City of Virginia
Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the plan of financing and issuance of the Bond by the City of Virginia Beach
Development Authority for the benefit of EDWARD T. FISCHER and FRANK T.
GUTHRIE to the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing of the
Facility.
2. The approval of the plan of financing and issuance of the Bond,
as required by Section 103(k), does not constitute an endorsement of the
Bonds or the Creditworthiness of the Company; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that
neither the City nor the Authority shall be obligated to pay the Bond or the
interest thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be pledged
thereto.
3. In approving the Resolution, the City of Virginia Beach,
including its elected representatives, officers, employees, and agents,
shall not be liable and hereby disclaims all liability for any damages to
any person, direct or consequential, resulting from (1) the Authority's
failure to issue bonds for the Project for any reason, including but not
limited to any decision by the Authority in its sole discretion to allocate
its allowable industrial development bond volume to one or more other
projects if the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted; or (2) the
Authority's failure for any reason after the issuance of bonds for the
Project to allocate a portion of its allowable industrial development bond
volume to the Project if the issuance of tax-exempt bonds by the Authority
is restricted by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon its
adoption.
Adoption by a majority of a quorum of the Council of the City of
Virginia Beach, Virginia on April 14, 1 1986.
i
I
- 35 -
Item II-L.l.
RESOLUTIONS/ORDINANCES ITEM # 25234
John Coates, District Park Supervisor, responded to City
Council's inquires. He advised City Council with the
expansion of the Camp Pendleton Beach, an additional lifeguard
stand would be required.
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to transfer appropriations totaling
$58,500 for the contracting of lifeguard services
at Croatan, Camp Pendleton and Fort Story beaches
and to authorize the City Manager to enter into
those contracts.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 35a -
AN ORDINANCE TO TRANSFER
APPROPRIATIONS FOR THE CONTRACTING
OF LIFEGUARD SERVICES AND TO
AUTHORIZE THE CITY MANAGER TO
ENTER INTO THOSE CONTRACTS
WHEREAS, the City of Virginia Beach desires to provide lifeguard
services for the citizens and visitors who wish to enjoy the city's public
beaches, and
WHEREAS, these lifeguard services at Croatan, Camp Pendleton, and Fort
Story beaches have been provided by the Department of Parks and Recreation by
hiring temporary employees, and
WHEREAS, the Department of Parks and Recreation has evaluated the
continuation of lifeguard services now being provided versus lifeguard services
from a private contractor, and
WHERF,AS, the Department of Parks and Recreation has determined that
lifeguard services at Croatan, Camp Pendleton, and Fort Story beaches can be
provided by a private contractor at less expense, with no evidence of loss of
quality, and with less liability to the City, and
WHEREAS, competitive sealed proposals were secured in accordance with
State and City procurement regulations, with the low bid in the amount of $58,500
submitted by Virginia Beach Patrol, Incorporated, and
WHEREAS, in order to proceed with awarding of the contract it is
necessary to reallocate appropriations within the FY 1985-1986 and FY 1986-1987
budgets for the Department of Parks and Recreation to reflect the contracting of
lifeguard services.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $14,625 and $43,875 in the FY 1985-
1986 and FY 1986-1987 operating budgets respectively for the Department of Parks
and Recreation be reallocated to reflect the contracting of lifeguard services,
and
BE IT FURTHER ORDAINED that the City Manager is hereby authorized to
enter into a contract with Virginia Beach Patrol, Incorporated for lifeguard
services.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of April , 1986.
This ordinance shall be effective from the date of its adoption.
KAR/2 ORD1
- 36 -
Item II-L.2 a/b
RESOLUTIONS/ORDINANCES ITEM # 25235
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council ADOPTED:
Ordinance to amend and reordain Section 2-117 of
the Code of the City of Virginia Beach, Virginia,
pertaining to overtime pay and compensatory time.
Ordinance to amend and reordain Chapter 2 of the
Code of the City of Virginia Beach, Virginia, by
AMENDING Sections 2-75, 2-83, 2-83.1, 2-83.2, 2-84,
2-107, 2-114, 2-119 and 2-132 and by ADDING Section
2.83.3 pertaining to officers and employees
generally
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
None
Letter of April 14, 1986, from the City Attorney concerning the above referenced
amendments to the City Code is hereby made a part of the record.
- 36a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-117 OF TSE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO OVERTIME PAY AND
COMPENSATORY TIME
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-117 of the Code of the City of Virginia
Beach, virginia, pertaining to overtime pay and compensatory time
is hereby amended in its entirety and shall read as follows:
Section 2-117. Overtime pay and compensatory time.
(a) For purposes of overtime pav and compensatory time,
employees shall be defined as "nonexempt" and "exempt."
(b) "Nonexempt" employees shall be defined as all
nonseasonal "category" employees and all nonseasonal merit
employees compensated in pay ranges 1 through 51, excluding those
employees assigned to the middle management and executive job
groups.
(c) "Exempt" employees shall be defined as all merit
employees compensated in pay ranges 52 through 57, excluding
those emplovees assigned to the middle management and executive
job groups.
(d) The work period for determini rtime
compensation for all eligible employees other than those engaged
in sworn fire protection activities shall be a regularly
recurring period commencing at 12:01 a.m.,-Thursday, April 17,
1986, and continuing for 168 consecutive hours (7 consecutive
24-hour periods).
(e) The work period for determining eligibility for
overtime compensation for all eligible employees engaged in sworn
fire protection activities shall be a regularly recurring period
commencing at 6:00 p.m, Thursday, April 17, 1986, and continuing
for 648 consecutive hours (27 consecutive 24-hour periods).
(f) Compensable working time for determining overtime
compensation for all eligible employees other than those engaged
in sworn fire protection activities shall be defined as all
recorded time for which the regular rate of compensation is
received that exceed 40 hours during the 7 day work period, or
all recorded time actually worked on any day observed as a city
recognized holiday, or all recorded time actually worked by an
ALPHA designated employee during a city manager designated
Condition I or Condition II Emergency or Inclement Weather
period.
(g) Compensable working time for determining overtime
compensation for all eligible employees engaged in sworn fire
protection activities shall be defined as all recorded time for
which the regular hourly rate of compensation is received that
exceed 204 hours during the 27 day work period, or all recorded
time actually worked on any day observed as a city recognized
holiday, or all recorded time actually worked by an ALPHA
designated employee during a city manager designated Condition I
or Condition II Emergency or Inclement Weather period.
(h) For "nonexempt" employees, all accrued compensatory
time as of April 16, 1986, shall be converted to a time and
one-half rate effective April 17, 1986.
(i) Employees who are allowed to voluntarily begin
working prior to their shift or to continue to work after their
shift is over are engaged in compensable working time.
Management must ensure that employees do not perform unauthorized
-2-
overtime work. mere promulgation of a rule to that effect is not
sufficient to avoid compensation for additional time worked.
(i) "Nonexempt" employees shall, at the discretion of
department heads or designees, be either compensated with pay at
time and one-half their regula hourly rate at the time of
payment or shall receive compensatory time at the time and
one-half rate for all recorded overtime.
(k) "Exempt" employees shall, at the discretion of
department heads or designees, be either compensated with pay at
time and one-half their regular hourly rate at the time of
payment or shall receive compensatory time at the straight time
rate for all recorded overtime.
(1) For "nonexempt" employees, overtime work of less
than eight minutes duration shall not be recorded. Overtime work
of eight minutes duration or more shall be recorded to the
nearest quarter hour.
(m) For "exempt" employees, overtime work of less than
30 minutes duration shall not be recorded. overtime work of 30
minutes duration or more shall be recorded to the nearest quarter
hour.-
(n) No employee shall have accrued compensatory time in
excess of 150 hours at the end of any fiscal year. In order to
meet management's responsibilities of balancing their budget and
maintaining the efficiency of their operation by determining the
appropriate means and personnel by which departmental operations
are to be carried out, department heads may, at their discretion,
require employees to utilize their accrued compensatory leave
when they are approaching the maximum accumulated limits.
(o) At no time, other than termination of employment,
shall an employee be compensated for accrued compensatory time.
(p) An employee shall be permitted to use accrued
compensatory time within a reasonable period after it is
requested unless the employee's absence from work would unduly
disrupt the operation of the agency concerned.
(g) For "nonexempt" employees, payment for accrued
compensatory time upon termination of employment shall be
calculated at either the final regular rate of pay received by
the employee at the time of termination or the average regular
-3-
rate of pay for the final three years of employment, whichever is
higher.
(r) For "exempt" employees, payment for accrued
compensatory time upon termination of employment shall be
calculated at time and one-half the final regular rate of pay
received by the employee at the time of termination.
(s) "Nonexempt" employees required to return to the
work site at least one hour after the termination of the
employee's regular work shift or previous work call shall receive
a minimum of two hours overtime compensation or compensatory time
at time and one-half the regular hourly rate per call or overtime
compensation or compensatory time at time and one-half the
regular hourly rate for all time worked at the work site,
whichever is greater.
(t) "Exempt" employees required to return to work site
at least one hour after the termination of the employee's regular
work shift or previous work call shall receive a minimum of two
hours overtime compensation at time and one-half the regular
hourly rate or two hours compensatory time at the straight time
rate per call or shall receive overtime compensation at time and
one-half the regular hourly rate or compensatory time at the
straight time rate for all time worked at the work site,
whichever is greater.
(u) All eligible employees compensated with shift
differential pay shall, if paid for overtime work, receive pay at
time and one-half the shift differential regular hourly rate of
pay for all overtime actually worked during the period of 3:00
p.m. to 3:00 a.m. only. All overtime worked exclusive of the
above period shall be compensated at time and one-half the
regular hourly rate of pay not to include the shift differential.
(v) Employees shall only be employed in one city
position, i.e., employees shall not obtain any part-time or
full-time secondary employment with the city,
(w) The early relief of previous shift personnel prior
to the next scheduled shift starting time shall be prohibited.
-4-
(X) The trading of work-shift periods or scheduled work
hours among employees shall be prohibited.
(y) The volunteering of services to the city by a
"nonexempt" employee as a "nonpaid" volunteer to perform the same
type of work that is performed as a "paid" employee shall be
prohibited. The determination of whether the two types of work
are the same shall be made by the director of personnel or
designee. It shall be the employee's responsibility to notify
their supervisor prior to volunteering their services to any city
agency.
(z) The volunteering of services to the city by an
"exempt" employee as a "nonpaid" volunteer to perform the same
type of work that is performed as a "paid" employee shall be
permitted.
(aa) For "nonexempt" employees, travel time to another
city that requires overnight accommodations that occurs during
normal working hours on nonworking days or travel time required
by a special one-day assignment to another city that occurs
outside normal working hours on either regular working days or
nonworking days shall be compensable as follows:
(i) When a commercial carrier is utilized,
compensable travel time shall commence thirty (30) minutes prior
to scheduled departure time from point of origin and shall end
immediately upon arrival at temporary work site or place of
accommodation. On the return trip, compensable travel time shall
commence upon departure from the temporary work site or place of
accommodation and shall end immediately upon return to the point
of origin by the most expeditious means of commercial travel as
determined by the employee's supervisor;
(ii) when a private or city automobile is
utilized, compensable travel time shall commence thirty (30)
minutes after departure from place of residence or immediately
upon departure from work site and shall end immediately upon
arrival at temporary work site or place of accommodation.
-5-
On the return trip, compensable travel time shall commence upon
departure from the temporary work site or place of accommodation
and shall end immediately upon expeditious return to the place of
residence or work site whichever occurs first;
(iii) When a private or city automobile is
voluntarily utilized by an employee rather than an available
commercial carrier, hours worked shall be either the travel time
required by automobile or the travel time required by the most
expeditious means of commercial carrier travel (as specified in
"i" above) whichever is less as determined by the employee's
supervisor.
(bb) For "exempt" employees, travel time to another
city that requires overnight accommodations that occurs during
normal working hours on nonworking days or travel time required
by a special one-day assignment to another city that occurs
outside normal working hours on either regular working days or
nonworking days shall not be considered compensable working time,
(cc) The authorization and control of all overtime work
is the direct responsibility of department heads or designees.
Department heads or designees may, at their discretion, adjust an
employee's work schedule in order to ensure an employee's
compensable working time does not exceed 40 hours in a 7 day work
period for all eligible employees other than those engaged in
sworn fire protection activities or 204 hours in a 27 day work
period for all eligible employees engaged in sworn fire
protection activities. Overtime assignments are permitted only
when required by operational necessity and without which the
normal functioning of the agency concerned would be adversely
affected. Department heads or designees must ensure that
adequate budgetary funds are available for all payments of
overtime compensation prior to authorizing overtime work to be
performed. Employees shall not work additional time either-
before or after their scheduled work shifts without prior
approval of their supervisor. Failure to obtain a supervisor's
prior approval to work additional time may result in disciplinary
-6-
action in accordance with the city's disciplinary policy and
procedure.
(dd) It shall be the authority of the director of
personnel or designee to both administer and enforce the
provisions of this ordinance in order to ensure the city's
compliance with the Fair Labor Standards Act of 1938, as amended,
and Title 29, Code of Federal Regulations, Parts 500 to 899. All
questions regarding the application of this ordinance shall be
directed to the director of personnel or designee. Additionally,
all policies, practices, or procedures issued by any city agency
in accordance with the provisions of this ordinance shall have
the approval of the director of personnel or designee prior to
implementation.
Adopted by the Council of the City of Virginia ]3each,
Virginia, on the 14thday of April 1986.
RMB/jmh
(E)
-7-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
AMENDING SECTIONS 2-75, 2-83, 2-83.1,
2-83.2, 2-84, 2-107, 2-114, 2-119 AND
2-132 AND BY ADDING SECTION 2.83.3
PERTAINING TO OFFICERS AND EMPLOYEES
GENERALLY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 2 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 2-75. Service divided into exempt nonmerit and
merit services; composition o e*empt nonmerit
service.
(a) The service of the city is divided into exempt
nonmerit service and merit service.
(b) The exempt nonmerit service shall consist of:
(1) Members of the city council and all other
elected officials or persons appointed to fill vacancies in
elective offices ....
Section 2-83. Holidays.
(a) The following eight (8) hour days are designated as
full-paid "holidays" and shall be so observed by the city. All
permanent, and probational, temporary and seasonal merit
employees shall be covered by the provisions of this section.
(10) A flexible personal holiday (to be taken as a
personal, national, religious or other holiday
the city does not observe). Part-time, and
temporary and seasonal employees shall not be
eligible for this holiday.
Section 2-83.1 Court leave.
All full-time permanent merit employees of the City of
Virginia Beach shall be eligible to receive paid court leave when
witnesses summoned to serve as witnesses or-@urers in nonpersonal
litigation. Any fees received by such persons for service as
witnesses or-@erers shall be paid to the city, or an equal amount
shall be deducted from the employee's pay.
Section 2-83.2 Funeral leave.
All full-time permanent merit employees shall be
eligible to receive leave with pay upon the death of a member of
such employee's immediate family-l-aueh-leave-shall not to exceed
five (5) working days. Such leave cannot be saved and used at a
later date.
Section 2-83.3. Jury leave.
All full-time permanent merit employees of the city
shall be eligible to receive paid jury leave when summoned to
serve as jurors. Any fees received by such employees for service
as jurors shall be paid to the city or an equal amount shall be
deducted from the employee's pay.
Section 2-84. Annual leave-Schedule of earning.
Except employees of the school board, all full-time and
part-time employees (excluding temporary and seasonal employees)
of the city who have actually worked for six (6) calendar months
(or the hourly equivalent for part-time employees) shall earn
annual leave as follows:
(2) The hours of annual leave earned per month for each
hour worked by firefighters, excluding overtime hours,
shall be computed by multiplying the number of hours
worked per month, excluding overtime hours, by the
following:
Section 2-107. Conversion from temporary or seasonal status
to permanent status.
Conversion shall be the change, upon the request of the
employing authority, from temporary or seasonal status to
probational or permanent status. Upon such conversion, the
director of personnel shall credit towards probation, annual
leave, service awards and merit increase all prior time worked in
a temporary or seasonal stattis to those employees converted to
probational or permanent status. Conversion status will be
-2-
awarded only to those employees who have rendered acceptable
service during their temporary employment.
Section 2-114. Terminations.
(g) Completion of seasonal employment shall be the
separation from employment of a seasonal employee who has worked
through the last day the seasonal position is available.
Employees separating prior to the last work day shall be governed
by the appropriate separation action.
Section 2-119. Sick leave.
(6) The hours of sick leave earned per month for each hour
worked by firefighters, excluding overtime hours, shall
be computed by multiplying the number of hours worked
per month, excluding overtime hours, by a factor .046.
(c) Seasonal employees shall not be eligible to receive sick
leave.
Section 2-132. Eligibility to utilize grievance procedure.
All full-time permanent and part-time permanent city
merit employees, as defined in section 2-76, and all full-time
permanent and part-time permanent employees of the constitutional
offices (excluding elected officials) by written consent of the
elected official shall be eligible to utilize all phases of the
grievance procedure set forth herein. All full-time permanent
and part-time permanent employees of the department of mental
health and mental retardation who are terminated on the grounds
of patient abuse, and permanent classified employees of the
department of corrections who work in institutions or have client
or inmate contact and who are terminated on the grounds of a
criminal conviction, or are terminated as a result of being
placed on probation under the provisions of section 18.2-251 of
the Code of Virginia, 1950, as amended, shall be eligible to
utilize the grievance procedure only up to and including step 4
-3-
(city manager). Thereafter, the employee may proceed as
indicated in section 2.1-114.5:1 of the Code of Virginia, 1950,
as amended. All merit and constitutional office employees
(excluded elected officials) whose employment status is part-time
temporary, part-time probational, part-time seasonal, full-time
temporar@, etnd full-time probationalt and full-time seasonal
shall be eligible to utilize such procedure only up to and
including step 4 (city manager) involving Type B grievances. For
the purpose of this section, a probational employee shall be
defined as an employee who has yet to complete the initial six
(6) months of employment with the city (or the hourly equivalent
for part-time employees), and employees), and terminating on the
employee's anniversary date, with the exception of police and
fire positions in which designated employees serve a one year
initial probationary period which follows any original employment
or reemployment and terminating on the employee's anniversary
date. At no time shall any part-time temporary, part-time
probational, part-time seasonal, full-time temporary, er
full-time probational or full-time seasonal employee be allowed
to appeal a Type A grievance. All permanent police officers who
elect to follow the police officers' bill of rights shall not be
eligible under the procedure provided herein.
Adopted by the Council of the City of Virginia Beach,
virginia, on the '4th day of April 1986.
RMB/jmh
4/1 4/8 6
(D)
-4-
- 37 -
Item II-L.3
RESOLUTIONS/ORDINANCES ITEM # 25236
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED:
Resolution of the City of Virginia Beach adopting a
CODE OF ETHIGS to apply to all elected and
appointed officials of the City of Virginia Beach.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
37a -
RESOLUTION OF THE CITY OF VIRGINIA BEACH ADOPTING
A CODE OF ETHICS TO APPLY TO ALL ELECTED AND
APPOINTED OFFICIALS OF THE CITY OF VIRGINIA BEACH
WHEREAS, the people of Virginia Beach must be ass,r,d that the conduct
of their elected and appointed officials is, at all times and in all
respects, in keeping with the highest ethical standards;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Virginia
Beach that the following be the "Code of Ethics for the Elected and
Appointed Officials for the City of Virginia Beach":
1. That all elected and appointed officials of the City of Virginia
Beach are agents of public purpose and hold office for the benefit of the
public.
2. The conduct of elected and appointed officials in both their
official and private affairs shall be above reproach.
3. Elected and appointed officials will neither use their offices
for private gain nor grant any special consideration, treatment or advantage
to any citizen beyond that which is available to every other citizen.
4. Elected and appointed officials are bound to uphold the
Constitution of the United States and the Constitution of Virginia and to
carry out impartially the laws of the nation, state and municipality and
thus foster respect for all government. This includes, inter alia,
compliance with the Virginia Freedom of Information Act, the Virginia
Privacy Protection Act of 1976, and the Conflict of Interests Ordinance of
the City of Virginia Beach.
5. Elected and appointed officials are bound to observe i, their
official acts the highest standards of honor and integrity and to discharge
faithfully the duties of their office regardless of personal considerations,
recognizing that the public interest must be their primary concern.
Adopted by the Council of the City of Virginia Beach on the 14th
day f April -, 1986.
- 38 -
Item II-L.4.
RESOLUTIONS/ORDINMCES ITEM # 25237
Rae H. LeSesne, President of the Council of Civic Organizations, spoke in
OPPOSITION to ADOPTION of the CONFLICT OF INTERESTS ORDINANCE as
altered from the previous one composed by the Mayor's Code of Ethics
Committee. Mr. LeSesne urged the restoration of the original Ordinance.
Georgette Constant-Davis, resident, spoke in OPPOSITION to City Council
appointing the "special legal advisor/prosecutor" In order to enforce
the provisions of said Ordinance.
Councilman Jennings referenced he would not be supporting the CONFLICT OF
INTERESTS ORDINANCE as same is not as stringent and effective as desired.
Councilman Jennings further referenced his comments concerning this
proposed Ordinance on January 21, 1986. (Copy of same is hereby made a part
of the record).
Councilwoman Oberndorf read and distributed to City Council her letter of
April 13, 1986, concerning salient points that need to be modified in the
CONFLICT OF INTERESTS ORDINANCE. (Said letter is hereby made a part of the
record.)
Councilman Baum advised of his support of the ORDINANCE and believed the
Ordinance should be ADOPTED, subject to amendment as revisions were
presented.
Councilwoman Creech advised her past efforts as well as others to procure a
clarification of the State Conflict of Interests Ordinance has been
unproductive and therefore, she would support the City's CONFLICT OF
INTERESTS ORDINANCE. This ORDINANCE would serve to allow City Officials to
take action with confidence.
Councilwoman Henley reiterated her suggestions concerning revision of this
CONFLICT OF INTERESTS ORDINANCE. Said letter of April 14, 1986, is hereby
made a part of the record.
Councilman Robert Jones advised of a five-page written statement submitted
to City Council stating his objections to said ORDINANCE which he believed
should be both simple and strict.
Vice Mayor McClanan advised the word "Association" after the words
"Virginia State Bar" should be deleted from said Ordinance. The word
"Association" is utilized twice in Paragraph A, and B under Section VI.
ENFORCEMENT OF CONFLICT OF INTERESTS ORDINANCE on Page 6.
Upon motion by Councilman Louis Jones, secorided by Councilman Baum, City
Council ADOPTED:
Ordinance establishing a Conflict of Interests
Ordinance for the City of Virginia Beach, Virginia;
requiring certain disclosures and providing for the
enforcement thereof; establishing penalities for
violations for certain elected and appointed
officials of the City.
April 14, 1986
- 39 -
Item II-L.4.
RESOLUTIONS/ORDINANCES ITEM # 25237 (Continued)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S- and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr. and Robert G. Jones
Council Members Absent:
None
- 39a -
AN ORDINANCE ESTABLISHING A CONFLICT OF INTERESTS
ORDINANCE FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA; REQUIRING CERTAIN DISCLOSURES AND
PROVIDING FOR THE ENFORCEMENT THEREOF;
ESTABLISHING PENALTIES FOR VIOLATIONS
I. INTENT
The intent of this Ordinance is:
A. To provide that the public acts of members of the City Council, and
its appointees, are to further public interest without favoritism to spec!ial
interests or personal interest, and
B. To establish a procedure for definitive guidance so that persons
subject to its provisions may reliably avoid both conflicts of interest and
the appearance of conflicts of interest.
ii. SCOPE
This Ordinance shall apply to the following public officials:
Members of City Council
Members of the Planning Commission
Members of the Development Authority
Members of the Virginia Beach Community Development
Corporation
Members of the Wetlands Board
City Manager
City Attorney
City Clerk
City Real Estate Assessor
Deputy City Manager for Development
Assistant City Manager for Administration
Assistant City Manager for Analysis and Evaluation
Assistant City Manager for Human Services
Director of Economic Development
III. DEFINITIONS
A. "Public Official" means one of the government officers listed
in Section II above. The term "public official" used in describing
matters of personal interest shall mean not only the public
official, but also the spouse of that public official and any other
relative who resides in the same household with the public official.
I
B. "Personal Interest" means a personal and/or financial benefit
or liability accruing to a public official or to such person's
spouse or other relative who resides in the same household and the
public official has knowledge of said interest. Such interest shall
exist by reason of:
1. Family relationship;
2. Ownership or participation in a business
entity;
3. Income from a business entity;
4. Liability accruing to public official from a
business entity;
5. Ownership or leasehold of real or personal
property, tangible or intaigible; or,
6. Contributions or gifts.
C. "Business Entity" me a-,l sany firm including sole
proprietorship, partnership (limited or general), corporation
(closely held or pilblic), professioial corporation, training school,
educational institution, or any other organization that has among
its purposes for existence the making of profit.
D. "Income" means the amount of wages, salary, dividends,
coTmissions, fees, royalties, rents, and other remuneration or gains
from a business entity accruing to the public official.
E. "Agency" means:
City Council
Planning Commission
Development Authority
Virginia Beach Community Development Corporation
Wetlands Board
P. "Relative(s)" means the official's siblings, pareits, grandparents,
children and grandchildren, and the spouses of such persons; and, the
individual's spouse and spouses' siblings, parents, grandparents,
grandchildren, and their spouses.
IV. DISCLOSURES
Matters of personal interest which each public official must abstain
and disclose openly after the vote when transactions involving these
personal interests arise, are as follows:
2
1. Family Relationships
a. Spouse
b. Childre,,i
c. Other relative(s) residing in same household
2. Business Ownership or Participation
a. Principal occupation or livelihood.
b. Business entity in which public official
is an officer, director, partner, or employee;
or transactions involving other officers
directors, or partners of the business entity
in which the public official is an officer,
director, partner or employee except that this
provision is not applicable to transactions
where the other officer, director or partner
is merely representing a third party before
the public body and the public official has no
personal interest with said third party.
C. Business entity in which public official
has an ownership interest of 3% or more of the
total assets of said entity, or the liability
accruing to the public official from an entity
exceeds 3% of its total assets.
d. Business entity that obtained services
referenced in paragraph (1) below or purchased
products or materials referenced in paragraph
(2) below during the past year or reasonably
expects to obtain or purchase same during the
curre,nt calendar year from a business entity
in which the public official is an officer,
director, owner or part owner, agent,
salesman, practitioner, associate or
consultant:
(1) Services in billing amounts of
$5,000 or more; or
(2) Products or materials in billing
amounts of $15,000 or more;
e. Transactions involving the rezoning of
real property owned by or monetary
appropriations to a charitable or non-profit
organization in which public official is an
officer, director, founder, or paid employee.
3
3. Income (See definition in Section III D.)
Business entity from which public official has
derived during the past year or reasonably expects
to derive during the current calendar year income
in the amount of $2,000 or more.
4. Real Estate
a. Real estate in Virginia Beach and/or
adjoining cities and counties owned wholly or
in part by:
(1) Public official; or
(2) Business eitity in which
public official is an owner or part
owner.
b. Individual, organization or business entity
to whom public official has sold or purchased
real estate during the past year and that
property or a portion of same is the subject
of a transaction before the public official
within twelve (12) months of the sale.
C. Any real estate that the public official
has an interest in and the action before him
has specific application to this real estate.
"Specific application" is defined in Section
2.1-610 VA. CODE ANN.
5. Political Coitributions
Individual, organization, or business entity that
has contributed more than $500 to elected public
official's most recent election campaign.
6. Gifts
a. Individual, organization, or business entity
that has made, during the past year, a gift or
gifts, which have a cumulative value of $250 or
more to the public official or his or her spouse or
other relative who resides in the same household,
such as:
(1) Cash
(2) Merchandise (including clothing,
jewelry, furs, furniture, or works of
art).
(3) In-kind satisfaction, including
use of auto, dwelling, boat, airplane,
vacation trips, or reimbursement from
4
other than the city, agency or state for
city or state sponsored official
functions, meetings or conventions.
(4) Forgiven cash debt of public
official or his or her spouse, or
relative residing in the same household.
b. The following will be excluded from above:
(1) Ceremonial gifts or awards;
(2) Reasonable expenses for food,
travel, lodging aid scheduled
entertainment of the official for a
meeting which is given in return for
participation at the meeting.
(3) Gifts from relatives or members of
his household; or
(4) Honorariums or awards for
professional achievement.
V. DISCLGSURE REPORTS
A. Personal interests shall be declared in a written and sworn
affidavit iising the report form appended, to be filled out by each
public official once each year. The forms will be distributed by
the City Clerk to be filled out and returned to the City Clerk by
each July 15th. Thereafter, the reports will be kept on file for
four (4) years. The files will be open to the public.
B. In addition to making written disclosure, public officials will
be required to disclose matters of personal interest that may arise
during transactions conducted by the agency of which the public
official is a member. The following procedures will be followed to
ensure that conflict of interests are not permitted to bear upon
these transactions, and, if they do arise or appear to arise, they
become a matter of public recognition and record:
1. The presiding officer of each agency shall upon
opening each session call upon all members as
follows:
"Any member here present who knows of any personal
interest that he or she may have in a matter coming
before this body at this meeting is required to
refrain from any discussion and abstain from voting
and disclose that interest after the matter is
voted upon."
5
2 Disclosures are required irrespective of any prior
written disclosure that may or may not have been
made.
3. If a member has a Personal Interest in any matter
on the agenda, he or she will refrain from the
subject discussion, abstain from voting and after
having abstained and the vote is cast, state for
the record his or her reaso@n for abstaining.
VI. ENFORCEMENT OF CONFLICT OF INTERESTS ORDINANCE
A. In order to enforce the foregoing provisions, there is hereby
created a special legal advisor/prosecutor who shall be appointed by
City Council and serve for a term of one (1) year. Said legal
advisor/prosecutor shall be a member of the Virginia State Bar. In
response to an inquiry or request from a public official the special
legal advisor/prosecutor shall render advisory opinions on any
matter not yet acted on as to whether the facts in a particular case
would constitute a violation of the provisions of this Ordinance.
Irrespective of whether an opinion has been requested and rendered,
the public official has the right to seek a declaratory judgment or
other judicial relief as provided by law. The special legal
advisor/prosecutor shall have such other powers and duties as
hereinafter provided.
B. In order to inquire into any alleged violation of any
provision of the Conflict of Interests Ordinance, there is hereby,
created a Conflict of Interests Advisory Committee consisting of
three (3) members, all of whom shall reside in and be qualified
voters of the City and at least one of whom shall be a member of the
Virginia State Bar. The three members shall be appointed by City
Council for a term of one (1) year.
C. The three members of the Committee are eligible to serve if
while serving these persons:
1. Do not hold any elected or appointed office nor are
candidates for office of the United States, the
State, the City or of any political subdivision
thereof.
2. Are not employees of the City of Virginia Beach or
members of any of its Boards or Commissions or
active member of any political party.
6
D. In order to render a recommendation to the special legal
advisor/prosecutor, there must be a unanimous vote of the three
Committee members.
E. The powers and duties of the Conflict of Interests Advisory
Coumittee shall be applied and used only in relation to the public
officials of the City of Virginia Beach to whom this Conflict of
Interests Ordinance applies.
F. The Committee will be activated and function as follows:
In response to a written complaint from any other
individual, signed and sworn to before the City Clerk and
filed with the City Clerk, concerning any alleged
violation of the provisions of this Ordinance. A false
complaint may subject the complainant to a criminal
charge for perjury. Complainant shall be so advised in
writing upon filing the complai@t, and will sign al
ack,.iowledgment thereof. If the complaint concerns a City
official whose position is not subject to this Ordinance,
the City Clerk will refer the complaint to the City
Manager or other proper authority for appropriate action,
and so notify the complainant.
G. The Committee shall, upon receipt of such complaint, meet as
soon as possible, but in no event to exceed thirty (30) days. If,
after preliminary investigation, the Committee determines to proceed
with an inquiry into the conduct of any public official, the
Committee shall immediately notify the public official as to the
inquiry and the allegations against him or her and shall thereafter
schedule hearing(s) on the matter. The public official shall have
the right to present evidence, cross-examine wi@@esses, face and
examine the accuser, and be represented by counsel at any hearings.
The Committee will hold hearings in a closed session unless the
public official whose conduct is under inquiry files a written
request to have the hearings conducted in public.
H. The Committee is authorized by City Council to request
subpoenas be issued and compel attendance of witnesses or the
production of documents, books or other records, as necessary. The
Committee is also empowered by City Council to apply to the Circuit
Court to compel obedience to the subpoenas.
I. After completing its investigation as to whether this Conflict
of Interests Ordinance has been violated, the Committee shall
dispose of the matter in one of the following ways:
7
I If the complaint is without merit, take no further
action except to notify the public official and the
complainant.
2. If the Committee determines there is a reasonable
basis to conclude that the official willfully
violated the provisions of the Conflict of
Interests Ordinance, it shall recommend to the
special legal advisor/prosecutor that he or she
consider prosecution.
3. In the event the special legal/advisor prosecutor
determines the evidence is sufficient to prosecute
the official, then he or she may either proceed to
the magistrate for a warrant or to the grand jury
for an indictment. In the event the special
prosecutor determines not to prosecute the alleged
violation, he or she shall notify the affected
public official.
J. All proceedings during the investigation of any complaint by
the Committee shall be confidential unless the public official
elects otherwise under Paragraph G of this Section. This rule of
confidentiality shall apply to the Committee Members and their
staff. If this confidentiality is breached, the members and their
staff may be subject to the provisions of Paragraph K and L below.
K. Any person who willfully violates the provisions of the
Conflict of Interests Ordinance shall be guilty of a Class I
Misdemeanor. A willful violation of this Section is one in which
the person engages in conduct, performs some act, or refuses to
perform such act in which he or she k-lows or should know that the
conduct is prohibited or required by this Ordinance. If any public
official is charged with a willful violation resulted from his or
her reliance upon a written opinion of the special legal
advisor/prosecutor made after full disclosure of the facts, then
such action is not a violation and would not be in violation of this
Ordinance, in which case the official shall not be prosecuted for
any violation of this Ordinance if in reliance on such opinion he or
she violates this Ordinance.
L. Any person who willfully violates any of the provisions of
this Ordinance shall be guilty of malfeasance in of f ice. Upon
conviction thereof, the judge or jury trying the case, may award a
sentence of up to one (1) year in jail and/or af ine of up to One
Thousand Dollars ($1,000) and may order the forfeiture of said
office.
8
VII. DISQUALIFICATIONS
If disqualifications in accordance with this ordinaice leave less than the
number required by law to act, the remaining member or members shall have
authority to act for the agency by majority vote, unless a certain percentage
vote of all members is required by law, in which case authority to act shall
require the same percentage vote of remaining members. Notwithstanding any
other provisions of this Ordinance to the contrary, any public official whose
sole interest in any proposed contract of sale, sale, exchange, lease or
conveyance, is by virtue of their employment by a firm, partnership, or other
business involved in a proposed contract of sale, sale, exchange, lease or
conveyance, and where such official's or officials' vote is essential to a
required majority pursuant to Article VII, Section 9 of the Constitution of
Virginia and Section 15.1-307 of VA. CODE ANN., such official or officials may,
after disclosure as referenced in this Ordinance, vote and participate in the
deliberations of the agency concerning whether to approve, enter into or
execute such contract of sale, sale, exchange, lease or conveyance.
VIII. SEVERABILITY CLAUSE
The provisions of this Ordinance are severable and if any provision, clause,
sentence, section, word or part thereof is held illegal, invalid,
u,@iconstitutional or inapplicable to any person or circumstances, such
illegality, invalidity, unconstitutionality or inapplicability shall not
affect or impair any of the remaining provisions, sentences, clauses,
sections, words or parts thereof of the Ordinance or their application to
other persons or circumstances. It is hereby declared that it be the
legislative intent that this Ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section,
word or part had not been included therein, and if the person or circumstances
to which the Ordinance or any part thereof is inapplicable had been
specifically exempted therefrom.
This Ordinance shall be in effect immediately upon adoption.
Adopted by the Council of the City of Virginia Beach o,-l the 14th day of
April 1986.
9
APPENDIX
CITY OF VIRGINIA BEACH
Annual Report of Disclosure of
Matters of Personal Interest
Pursuant to the Code of Virginia Beach, Virginia, Section I
hereby disclose all matters of personal interest, as defined in Section
of the Virginia Beach Code, on my part, on the part of my
spouse (if any), and on the part of aly other relative residing in my
household (if any), for calendar year 19_.
NAME GOVERNMENT POSITION
HOME ADDRESS
PHONE NO.
1. FAMILY OR HOUSEHOLD MEMBERS
NAME ADDRESS (if different)
A. Spouse
B. Children
C. Any other relative residing in same household
2. BUSINESS OWNERSHIP OR PARTICIPATION
A. Principal occupation or livelihood is:
B. Business entities in which I am an officer, director,
partner, or employee:
NAME ADDRESS
C. Business entities in which I have an ownership interest of 3%
or more of the total assets of said entity, or the liability on
behalf of an entity accruing to me exceeds 3% of its total
assets.
NAME ADDRESS
3. INCOME
Each business entity from which I have derived, during the past
year or reasonably expect to derive during the current calendar
year, income in the form of wages, salary, dividends, commissions,
fees, royalities, rents, and other renumerations or gains, or
property, or the use of property, in the amount of $2,000 or more.
NAME ADDRESS
4. REAL ESTATE
A. Real estate, owned either wholly or in part, in Virginia
Beach and/or adjoining cities and counties:
LOCATION AND DESCRIPTION
B. I purchased real estate in Virigina Beach and/or adjoining
cities and cou.,ities during the year from the following
individuals, organizations or business entities:
NAME ADDRESS
C. I sold real estate in Virginia Beach and/or adjoining
cities and counties during the year to the following
individuals, organizations, or business entities:
NAME ADDRESS
Location and Description of Properties Sold:
5. GIFTS
Each individual, organization or business entity from whom I, my
spouse or any other relative who resides in my household,
has received gift(s) during the year valued at $250 or more in the
form of cash; merchandise (including clothing, furniture, jewelry,
furs, works of art); in-kind satisfaction (including use of auto,
dwelling, boat, airplane, vacation trips), or has had forgiven a
cash debt of $250 or more. (NOTE: Exclusions referenced in
IV. subsection 6.a.(3) and 6.b. of the Conflict of Interests
Ordinance need not be reported):
NAME ADDRESS
I do solemnly swear or affirm that the foregoing information is full,
true and correct to the best of my knowledge.
Date Signature
Signed and sworn to before me 0,1 the day of
1 19 in the City of Virginia Beach,
Virginia.
Notary Public
My commission expires on
This information will be available to the public and will be maintained
on file for four (4) years.
- 40 -
Item II-M
CONSENT AGENDA ITEM # 25238
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 3, 4, 6, 7, 8, 10 and 11.
Items #2, #5 and #9 were voted upon seperately
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 4oa-
ltem II-M. 1
CONSENT AGENDA ITEM # 25238a
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Agreement with the United States Department of Military
Affairs for payment of use of the beach and parking
areas on Camp Pendleton property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
40a
THIS rnade as of this 15th day of January, 1986, by and be@n
the CITY OF VIRGINIA BEACH, a municipal corporation of the nwealth
of Virginia (the "City"), party of the first part, and the DEP oF
MILITARY AFF@, TH OF VIRGINIA (the "Ccmmnwealth"), party of
the second part,
That for and in consideration of the following mutual covenants, the
sufficiency of which is hereby acknowledged, the City and the nwealth
ag ree as follows:
1. The Coamnwealth authorizes the City, and its franchisees and agents
(hereinafter collectively referred to as the "City"), to use the beach area
consisting of 800 feet of beach/ocean front c@ncing at the North end
of the Common @ lth's property and running South along the beach for 600
feet and thence Westward over the sand dunes to a point East of the rifle
range; plus an existing fenced parking area West of the sand dunes, (alnd
hereinafter called "Beach"), being a portion of the sanie area utilized by
the City '.:or the purposes enumerated herein in previous years.
2. The City may conduct, allow, or provide for Beach activities on
the Beach in accordance with the following schedule:
a. On the following weekends during May, September and October
of 1986, May 24-25; Septenber 6-7, 13-14, 20-21, and 27-28; October 4-5,
11-12, 18-19, and 25-26. At the time of the signing of this Agreement,
the Coamnwealth does not plan on using the range facilities during the
weekend dates just heretofore noted. However, if the range(s) is/are required
for these weekends, then the City will be so notified 15 days in advance
1 therefore be denied the use of the beach area noted herein for
the appropriate @end; and
b. On a daily basis frcm May 26, 1986 thrcugh Sept@r 5, 1986.
Notwithstanding the above schedule, the ccmmnwealth may close the Beach
to the City when necessary for ermrgency military activities (but see also
paragraph 15 below).
c. This Agreemnt shall terminate in full at midnight, 31 October,
1986.
3. The public's use of this area shall be liinited to the area specified
in paragraph I above.
4. Daily Beach activities shall be permitted only between the hours
of 6:00 a.m. and sunset. The City shall n-ake available an emergency telephone
which shall be operational during all periods when the Beach is open to
the public.
5. With the exception of those charges specified in paragraph 7, no
charge shall be levied for admittance to the Beach.
6. Conmrcial activities, such as concessions, will be all@ but
only to the extent necessary to provide services for day beach visitors,
included but not limited to concessions, rental of beach equi@t, and
the sale of sundry itens for beach-related use. The City may franchise
any or all of these activities separately or in conjunction with the provision
of lifeguard servioe.
7. The City may charge fees in amounts not to exceed those listed
below for parking within existing parking areas. Charges ior parking will
be permanently displayed on signs at the North entrance of the parking lot.
The following max@ fees are hereby authorized:
a. Cars, weekdays $2.00
b. Cars, weekends and holidays - $5.00
c. Bus Parking - $10.00
8. The City will ensure that lifeguard ser-vice is provided at all
tines when the Beach is open to the public as provided herein. The City
may provide this service directly or through a franchise agr @t. All
lifeguards will be familiar with the proper administration of energency
first aid, and first aid supplies will be available at all times. The lifeguards
will not authorize surfing South of the Southern boundary fence extended
Eastward.
9. The public must enter the Beach through the gate at the South end
of Vanderbilt Avenue or through the existing pedestrian gate. No entrance
will be authorized through any of the gates used for military purposes or
from a military area.
10. The City will provide periodic police patrol at the Beach as necessary.
11. The City or its franchisees will provide ccitprehensive general
liability i-nsurance and/or self insurance for damage to person and property
caused by its agents or eniployees in the maintenance or operation of the
Beach used for surfing and swiming and shall save the Commonwealth harmless
for any injury caused by the City, its franchisees, employees, and agents,
in the performance of this Agreenient. Satisfactory evidence of this shall
be submitted to the nwealth.before any use of the Beach by the City
shall ccmnence.
12. The City will install and maintain adequate signs warning surfers
that the nwealth will not ass@ risk for their activities and will
install and maintain adequate signs designating the restricted areas.
13. All activities conducted on the Beach will adhere to federal and
state regulations for the protection of the envirorment. This will include,
but is not limited to, protection of the sand dunes and backbeach area as
defined in the Virginia Coastal Pr@ Sand Dune Protection Act of 1972,
as amended (Title 62-1); protection of the migratory peregrine falcon under
the Federal Endangered Species Act; and adherence to federal and state regulations
regarding storm water runoff fran parking lots.
14. The City will enforce all regulations posted on the Beach.
15. Termination and Restrictions. This Agreement may be terminated,
in whole or in part, without liability to the State in the event of a National
Emergency as declared by the President; or, in the event of a State Emrgency
or State need as declared by the Governor or the Adjutant General of Virginia
or his designee. In addition, use of the area by the City ney be restricted
or curtailed, in whole or in part, in the event of a military contingency
or need beyond the control of the Virginia Army National Guard. However,
the State Adjutant General agrees to use his best efforts to coordinate
this requiregent so as to permit the City use of the area for the intended
purposes of this Agrenent. Absent an @rgency, the Coamnw-alth shall
give 48-hours written notice of its desire to restrict, curtail, or cease
the City's use of all or any part of the Beach.
16. Prior to August 1, 1986, the City will pay to the CaTrnonwealth
the sum of Ten Dollars ($10,000.00) as rent for use of the prernises
during the tirm period as described herein, plus the agreed upon sum of
Five Thousand Dollars ($5,000.00) for the previous year. The City shall
keep as its proper-ty all in@ fran parking and concessions as authorized
herein.
17. The City and the Cmmnwealth acknowledge that the City has prepared
architectural and engineering studies to enlarge and landscape the parking
surface and construct semi-permanent concession and toilet facilities in
the area now utilized by the City. Thesd studies have been suhinitted to
the Commonuealth for approval. If approved, and if this Agreement is still
in being, then this Agr@t will be modified to allow the City to construct
said improvenients as are approved by the Cmmnwealth.
the following signatures and seals as of the day, month,
and year first above written.
CITY OF ViFtG@ BEACH
By:
Thcn,as H. Muei-ilenbeck
City Manager
ATTESr:
Ruth Smith, City Clerk
DEP@ OF AFFAIRS
TH OF
By:
John G. Castles, MG, VaAlM
The Adjutant General
OF
crry oF to-wit:
I, a Notary Public in and for the City and State
aforesaid, do hereby certify that THCMAS H. City Mamger, and
RURH H. SMITH, City Clerk, on behalf of the City of Virginia Beach, whose
names are signed to the foregoing Agreemnt have acknowledged the saire before
me in my City and State aforesaid.
GIVEN under my hand this day of 1986.
Notary Public
My Ccmission Expires:
TH OF
CrrY OF RICHWM, to-wit:
I, , a Notary Public in and for the City and State
aforesaid, do hereby cer-tify that JOHN G. CASTLES, Major General, Virginia
Army National Guard, Department of Mili@ Affairs, Cwmnwealth of Virginia,
whose naae is signed to the foregoing Agreement has acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of 1986.
Notary Public
My Ccmission Expires:
- 41 -
Item II-M.2
CONSENT AGENDA ITEM # 25239
Upon motion by Councilman Fentress, seconded by Councilman Robert Jones, City
Council DEFERRED until the City Council Meeting of April 21, 1986:
Ordinance graiting a franchise to Princess Anne Inn,
Inc. to operate an open air/stub street park cafe, and
authorizing and directing the City Manager to execute a
franchise agreement, subject to the conditions
contained and/or referenced therein.
Henry Ruiz, Interim Director of the RESORT AREA ADVISORY COMMISSION, responded
to City Council's inquiries concerning the location of the open air/stub street
park cafe. This cafe will be located on the raised plaited bed adjacent to the
side door of the restaurant of the Princess Anne Park Inn.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeinings,
Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 42 -
Item 11-M.3
CONSENT AGENDA ITEM # 25240
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance granting a franchise to Kona Koast
Corporation to operate an open air/boardwalk cafe, and
authorizing and directing the City Manager to execute a
franchise agreement, subject to the conditions
contai,ied and/or refere-leed therein.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Ilarold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
-42a -
z
1-
z
0
u z AN ORDINANCE GRANTING A FRANCHISE
0 TO KONA KOAST CORPORATION TO
OPERATE AN OPEN AIR/BOARDWALK
CAFE', AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A
0 FRANCHISE AGREEMENT, SUBJECT TO THE
1% CONDITIONS CONTAINED AND/OR
REFERENCED HEREIN
WHEREAS, the City has adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, Kona Koast Corporation (t/a Kona Kafe') has
submitted an application for the operation of an open
air/boardwalk cafe' and has paid the application fee; and
WHEREAS, the representations made in the application
comply with the afore-mentioned regulations; and
WHEREAS, City Council has been advised by the Office of
the City Manager that the proposed cafe' would have no
detrimental effects on the public health, safety, welfare, or
interest.
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a franchise is hereby granted to Kona Koast
Corporation to operate an open air/boardwalk cafe' at 18th
Street and Atlantic Avenue, Virginia Beach, Virginia 23451, from
May 1, 1986, to April 30, 1987, and that the City Manager is
hereby authorized and directed to execute a franchise agreement
with the franchisee, conditioned on provision by the franchisee
and acceptance by the City of an approved final site plan,
liability insurance coverage, a surety bond, the applicable
franchise fee, and on such other conditions as are required by
the afore-mentioned regulations and the Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of April 1986.
RMB/jmh
0 4/02/86
(D)
- 43 -
Item 11-M.4
ITEM # 25241
CONSENT AGENDA
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance granting a franchise to Oceanside Investment
Association to operate an open air/boardwalk cafe, and
authorizing and directing the City Manager to execute a
franchise agreement, subject to the conditions
contained and/or referenced therein.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, 11. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
43a -
z
r
z 0
0
u AN ORDINANCE GRANTING A FRANCHISE
0
10 TO OCEANSIDE INVESTMENT ASSOCIATION
1- ,
< < TO OPERATE AN OPEN AIR/BOARDWALK
< CAFE', AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
>
0 EXECUTE A FRANCHISE AGREEMENT,
ce
SUBJECT TO THE CONDITIONS CONTAINE D
AND/OR REFERENCED HEREIN
WHEREAS, the City has adopted regulations for the
operation of open air cafe's on public property along the
boardwalk and on stub street parks; and
WHEREAS, oceanside Investment Association (t/a Holiday
Inn Oceanside) has submitted an application for the operation of
an open air/boardwalk cafe' and has paid the application fee;
and
WHEREAS, the representations made in the application
comply with the afore-mentioned regulations; and
WHEREAS, City Council has been advised by the Office of
the City Manager that the proposed cafe' would have no
detrimental effects on the public health, safety, welfare, or
interest.
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a franchise is hereby granted to Oceanside
Investment Association to operate an open air/boardwalk cafe' at
2105 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1,
1986, to April 30, 1987, and that the City Manager is hereby
authorized and directed to execute a franchise agreement with the
franchisee, conditioned on provision by the franchisee and
acceptance by the City of an approved final site plan, liability
insurance coverage, a surety bond, the applicable franchise fee,
and on such other conditions as are required by the
afore-mentioned regulations and the Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of -April 1986.
RMB/jmh
04/0 3/8 6
- 44 -
Item II-M.5
CONSENT AGENDA ITEM # 25242
Upon motion by Councilman Robert Jones, seconded by Vice Mayor McClanan, City
Council DEFERRED the FIRST READING:
Ordinance to appropriate $358,812 to acquire the site
for Project #3-950 Juvenile Court building and to
authorize the City Manager to enter into negotiations
for the acquisition of the Juvenile Court site and for
the purchase of options on other property for the
Muncipal Complex.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor liarold
Heischober, Barbara M. Henley, Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and R. Jack Jennings, Jr.
- 45 -
Item II-M.6
CONSENT AGENDA ITEM # 25243
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to accept $2,900 from the Federal Highway
Safety Grants Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Ober,idorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
A ril 14 1986
- 45a -
AN ORDINANCE TO ACCF.PT
$2,900 FROTM THE FEDERAL
HIGHWAY SAFETY GRANTS PROGRAM
WHEREAS, the City of Virginia Beach, Virginia desires to encourage
and enhance safety on its streets and highways by formal trainirig prcyvided to the
employees of the Department of Public Works, Traffic Engineering Division, and
WHEREAS, the city has applied for and has been accepted for the
High@ Safety Grant #TE86-0-52907 to provide furiding for formal safety training.
NOW, RE, BE IT OFOAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACii, VIRGINIA that the grant in the amount of $2,900 be accepted arid
appropriated to the budget of the Department of Public Works, Traffic Engirieeing
Division, and
BE IT FURTHER ORDAINED that these funds be reflected as an
adjustment to the Grants' revenues.
This ordiriance shall be effective frcm the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of 1986.
First Reading: April 14, 1986
Second Reading:
PWO HGWYSAFETY
- 46 -
Item II-M.7
CONSENT AGENDA ITEM # 25244
Upon motion by Cou,.icilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $82,082 of capital project
appropriations to fund the acquisition of right-of-way
for London Bridge Road Phase I.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberqdorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 46a -
AN ORDINANCE TO TRANSFER $82,082
OF CAPITAL PROJECT APPROPRIATIONS TO
FUND THE ACQUISITION OF RIGHT-OF-WAY
FOR LONDON BRIDGE ROAD-PHASE I
WHEREAS, in the pla@ for the developmnt of the Br@'s Fam
site, a portion of Loridon Bridge Road relocated will be dedicated w4 coristructed
by the developer, and
, in order to comect the developer-constructed section of
Loridon Bridge Road with the existing road, the City will need to acquire 900 feet
of right-of@, and
WHEREAS, funds for the acquisition of the right-of @ y, estimated
to cost $82,082, have not been appropriated and may be finariced by the transfer
of appropriations from project #2-408 North Witc@k Road.
NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACII, VIRGINIA that furxis in the amo=t of $82,082 be transferred fran
project #2-408 North Witchduck Road to project #2-055 London Bridge Road-Phase I,
This ordiriance shall be effective frcm the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Fourteenth day of April 1986.
9C/ORDBROWN
- 47 -
Item II-M.8
CONSENT AGENDA ITEM # 25245
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $81,000 within the Department of
General Services for the purchase of microwave
transmission system for fire and smoke alarms.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings,
Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 47a -
AN ORDINANCE TO TRANSFER $81,000 WITHIN
THE DEPARTMENT OF GENERAL SERVICES
F'OR THE PURCHASE OF A
MICROWAVE TRANSMISSION SYSTEM FOR
FIRE AND SMOKE ALARMS
WHERF-AS, the fiscal year 1985-1986 operatirig budget i@luded
$168,000 for fire alam @tems for nine (9) municipal buildings and a
microwave system for @nty-six (26) buildings to tranmit fire and smoke
alarms from the affected building to the Public Safety/Co@ications
Center, and
, the revised estimated cost based upon bid prices is ncw
$249,000 or $81,000 less than the bageted amount, and
, due to a mild heatirig season and a lover rate contract
with VEPOO, sufficient surplus funds exist in the electrical services
account budgeted in the Department of General Services to fund the increase
in cost for the fire alar-m systems.
NOW, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY' OF
VIRGINIA BEACH, VIRGINIA that in the amount of $81,000 be transferred
within the General Services /Building Mainteriance @get unit to purchase
this equipment.
This ordirkince shall be in effect frcin the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Fourteenth day of April , 1986.
- 48 -
Item II-M.9
CONSENT AGENDA ITEM # 25246
Upon motion by Vice Mayor McClanan seconded by Councilman Louis Jones, City
Council DEFERRED:
Ordinance to transfer $65,000 of appropriations to
f inance a consultant contract with Cresap, McCormick
and Paget for the preparation of an executive and
classified pay plan and for performance appraisal
review and recommendations.
Vice Mayor McClanan referenced an article in the RICHMOND-T]24ES DISPATCH
concerning Henrico County performing a Single Classification Pay Plan for its
School System as well as their Governing Body. Vice Mayor McClanan requested a
letter be forwarded to the Virginia Beach School Board ascertaining their
willingness to do the same. As per the Vice Mayor's request, a BRIEFING will
be scheduled entailing the background of the previous consultant's study by
Cresap, McCormick and Paget as well as the current City Pay Plan.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert 0. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 49 -
Item II-M.10
CONSENT AGENDA ITEM # 25247
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED the APPOINTMENT OF VIEWERS-.
Ord:L,iance closing, vacating, and discontinuing a
portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and
more particularly described as follows: Beginning at a
point on the east side of Andrew Jackson Lane at the
boundary line between two parcels indicated as property
of Hermitage Townhouses Associates, a Limited
Partnership, and Parcel 2 on Plat of Subdivision of
Hermitage, Section One, Bayside Borough, Virginia
Beach, Virginia.
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Cou,icil Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Gouncil Members Absent:
Nancy A. Creech
49a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Runnymede Corporation has given due and proper
Inotice, in accordance with the statutes for such cases made and
provided that they will on the 14th day of April, 1986 apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that
icertain street of variable width, and has filed such application I
iwith said Council. I
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, virginia:
THAT C. Oral Lambert, Jr.
Robert J. Scott and
David Grochmal are hereby
appointed to view the below described property and report in
writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
Beginning at a point on the East side of Andrew Jackson
Lane at the boundary line between two parcels indicated
as Property 6f Hermitage Townhouses Associates, a
Limited Partnership, and Parcel 2 on Plat of Subdivision
of Hermitage, Section one, Bayside Borough, Virginia
Beach, Virginia and recorded in Map Book 114 at page 10
in the Clerk's office of the Circuit Court of the City
of Virginia Beach and proceeding along the easterly side
of Andrew Jackson Lane North 42' 021 491 West a distance
of 52.60 feet to the point of beginning thence North 42'
021 491 West a distance of 25.50 feet to a point thence
along a curve to the right having a radius of 20.00 feet
an arc distance of 29.14 feet to a point thence North
41* 251 2111 East 195.63 feet to a point thence along a
curve to the right having a radius 2970.00 feet an arc
distance of 5.34 feet to a point thence South 57' 221
551 East 25.76 feet to a point thence along Pleasure
49b -
House Road, variable right of way South 41' 271 111 West
207.83 feet to a point thence along a curve to the left
having a radius of 20.00 feet an arc distance of 29.15
feet to the point of beginning. The portion to be
closed is 0.13 acres.
All the above as shown upon that certain plat entitled, "Plat
of Pleasure House Road To Be Closed-Lynnhaven Borough-Virginia
Beach, Virginia", which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing the
aforedescribed street.
ADOPTED: April 14, 1986
IEGUM P.A.
AT"@B AT
ONZ co@CIC P@
@UCK RO" AT B@
@T OFFI@ @x 615"
VlEtG@ B"C2L VIRG@ @2
CERTIFICATE OF VESTING OF TITLE
I, Peter McBride, attorney for The Runnymede Corporation, d,-
hereby certify that:
1. I am an attorney at law and represent The Runnymede
Corporation, the petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, then
title to said property will vest in The Runnymede Corporation, t
adjacent landowner. The title to the adjacent property derives
from a deed to The Runnymede Corporation from R. G. Moore, et al
dated December 19, 1984 recorded in the clerk's office of the
Circuit Court of the City of Virginia Beach in Deed Book 2386 at
page 722.
The said property referred to herein is hereby described as
follows:
Beginning at a point on the East side of Andrew Jackson
Lane at the boundary line between two parcels indicated
as Property of Hermitage Townhouses Associates, a
Limited Partnership, and Parcel 2 on Plat of Subdivision
of Hermitage, Section One, Bayside Borough, Virginia
Beach, Virginia and recorded in Map Book 114 at page 10
in the Clerk's office of the Circuit Court of the City
of Virginia Beach and proceeding along the easterly side
of Andrew Jackson Lane North 42* 021 49, West a distance
of 52.60 feet to the point of beginning thence North 42'
021 491 West a distance of 25.50 feet to a point thence
along a curve to the right having a radius of 20.00 feet
an arc distance of 29.14 feet to a point thence North
41* 251 211, East 195.63 feet to a point thence along a
curve to the right having a radius 2970.00 feet an arc
distance of 5.34 feet to a point thence South 57* 22'
55' East 25.76 feet to a point thence along Pleasure
House Road, variable right of way South 41' 271 111 West
207.83 feet to a point thence along a curve to the left
having a radius of 20.00 feet an arc distance of 29.15
feet to the point of beginning. The portion to be
closed is 0.13 acres.
PETER MCBRIDE
- 50 -
Item II-M.11
CONSENT AGENDA ITEM # 25248
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED:
Low Bid to Higgerson-Buchanan, Inc. in the amount of
$1,750,993 for the construction of Landfill No. 2
Improvements (Clay Cap).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
April 14, 1986
- 51 -
Item II-N.1
UNFINISHED BUSINESS ITEM # 25249
The City Clerk advised The Camp Pendletou Agreement: Staff Presentation
was inadvertently placed on the AGENDA.
This item had been presented at the City Council Meeting of April 7, 1986.
- 52 -
Item II-N.2
UNFINISHED BUSINESS ITEM # 25250
William Duncan, represented self, and spoke in support of the Old Donation
Parkway's deletion form the MASTER STREET AND HIGHWAY PLAN
Dr. Steven Taubman, resident of Little Neck, spoke against Old Donation
Parkway and in favor of the sale of the rights-of-way.
Jim Lawson, of the Real Estate Department, provided research concerning the
right-of-way for OLD DONATION PARKWAY and advised City Council concerning:
Parcel Location, Acreage/Square Footage, Method of Acquisition, and
Improvements. Said information is hereby made a part of the record.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council directed the City Attorney to study and make recommendations
concerning disposition of dedicated parcels (OLD DONATION PARKWAY).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 53 -
Item II-0.1
NEW BUSINESS ITEM # 25251
ADD-ON
Councilwoman Oberndorf advised the NATIONAL LEAGUE OF CITIES Steering
Committee on Energy, Environment and Natural Resources will hold their
Spring Meeting in the City of Virginia Beach on May Thirtieth and
Thrity-first.
Thirty-five (35) officials will be in attendance, some from as far as
Fairbanks, Alaska.
- 54 -
Item II-0.2.
NEW BUSINESS ITEM # 25252
ADD-ON
The City Manager advised the GOVERNOR'S COMMISSION ON HIGHWAYS met in
Richmond today, April 14, 1986.
The Group was divided into various study committees, of which the City
Manager was placed on the Critical Funding Committee. This Committee will
be meeting again on April 28, 1986.
- 55 -
Item II-P
ADJOURNMENT ITEM # 25253
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED
the meeting at 6:55 P.M.
8. e@l O@.f
Chief Deputy City Clerk
@Ath Hodgeif Smith, CMC
rity Clerk
City of Virginia Beach
Virginia