DECEMBER 2, 1985 MINUTES
Cit@ C>f
"WORLD'S LARGEST RESORT CITY"
cny COUNCIL
MA YOR HAROLD @CHO@ A i
VICE-MAYOR REBA S M@CLANAN, P,-., A- @A
JOhW A. BA UM. M."W@ @h
NANCY A. CREECH, At L-"
ROBFRTE @SS, V@ B-A B-wh
BARBARA M. @ Pw. @gh
E. JACK JEAWNVGS, JR., Ly.@-- B-gh
LOUIS R. JONES, B"@ @h
ROBFRT 0. JONES, At @-
J. HENRY MCOY. JR.. K-@ B-gh
@RA E. OBERNI)O@ At @. 281 CnY HALL BULLDI.VG
RUTH HODGES SMIM CMC, Cty Cl.@k CITY COUNCIL AGENDA MUNICIPAL CEN=
VIRGINIA BEACH, VIRGRNIA 2W6-9M
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02 December, 1985
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL Conference Room - 12:30 FM
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 PM
A. INVOCATION: Reverend John H. Emmert
Old Donation 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. PROCLAMATION
1. Pearl Harbor Remembrance Day - December 7, 1985
G. MINUTES
1. Motion to accept/approve the Minutes of November 25, 1985
H. PUBLIC HEARING
1. Code of Ethics Committee Recommendations
1. PUBLIC HEARING
1. Appointments to Virginia Beach School Board
J. PLANNING
1. Application of NAVPHIBASE Federal Credit Union for a change
of zoning from R-4 Residential to 0-1 Office District on a
2.7-acre parcel located on the north side of Wishart Road,
east of Independence Boulevard (Bayside Borough).
DEFERRED by City Council November 19, 1984
Recommendation: DENIAL
2. Application of Kinder Care Child Center, Inc., for a
conditional use permit for a child care center on a 1.64-
acre parcel located on the north side of Indian River Road,
east of Parkland Lane (Kempsville Borough).
DEFERRED by City Council November 19, 1984
Recommendation: DENIAL
K. ORDINANCES/RESOLUTIONS
1. Ordinance, upon FIRST READING, authorizing the issuance and
sale of $24,400,000 General Obligation Bonds.
2. Ordinance to amend and reordain Section 2-83 of the Code of
the City of Virginia Beach, Virginia, pertaining to
Holidays (Lee-Jackson-King Day)
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. Resolution authorizing the Board of Education to make loans
from the Literary Fund to the School Boards for the purpose
of erecting, altering or enlarging school buildings.
2. Ordinance, upon SECOND READING, to accept and appropriate
grants of $237,340 from state aid and $5,901 from federal
aid to Public Libraries.
3. Ordinance to transfer $3,980 of General Funds Reserve for
contingencies to the Police Chief's Division for
reimbursement of legal expenses incurred by a city employee
in the performance of his duties.
4. Ordinance to transfer $50,084 of Comanity Development
Capital Project Funds to completed capital projects'
deficits in Beechwood, Doyletown and Newlight to pay for
post-closing costs.
5. Resolution authorizing enlargement of the nonconforming
structure located at 216 74th street (property of Joseph 0.
M. Thatcher, ET UX).
6. Ordinance to authorize a temporary encroachment into a
portion of the City property known as the Whirlaway Sever
Pump Station site located adjacent to Whirlaway Road to
Robert B. Giles and Rosemary Helen Giles, their heirs,
assigns and successors in title.
7. Ordinance to authorize a temporary encroachment into a
portion of the rights-of-way of Atlantic Avenue, 30th
Street, 31st Street and Ocean Avenue and other City owned
property east of 30th street to the Virginia Beach Hotel,
Limited Partnerships, its assigns and successors in title.
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Mandatory Noise Disclosure Statements - Captain Norton,
Oceana Naval Air Station
2. Interim Financial Statement - July 1, 1985, through
October 31, 1985
0. ADJOURNMENT
CITY COUNCIL REGULAR SESSION
DECEMBER 23, 1985
CANCELLED
7
Item II-F.1
MINUTES ITEM 24638
Upon motion by Councilaman Fentress, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of December 2, 1985, as CORRECTED:
ITEM # 24611 - PAGE 10
ORDINANCE UPON APPLICATION OF NAVPHIBASE FEDERAL
CREDIT UNION FOR A CHANGE OF ZONING DISTRICT
CLASSFICATION FROM R-4 TO 0-1 Z012851036
Condition 4 is corrected to read:
Construction will begin in two years and
completed within three years. If the property is
not so developed within three years, then no use
.s4m-14--be not permitted in the R-4 Residential
District s a@ll be allowed on the property.
Voting: 7-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 2, 1985
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, December 2, 1985.
Council Members Present:
John A. Baum, 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 Absent:
Nancy A. Creech and Louis R. Jones
Councilwoman Creech was baving minor surgery in the morning
Councilman Louis Jones was out of the City on Business.
December 2, 1985
- 2 -
ITEM # 24603
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursutant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal mattters within the
jurisdiction of the public body.
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech and Louis R. Jones
December 2, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 2, 1985
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,
December 2, 1985, at 2:10 P.M.
Council Members Present:
John A. Baum, 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 Absent:
Nancy A. Creech and Louis R. Jones
INVOCATION: Reverend John H. Emmert
Old Donation Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24604
Councilwoman Oberndorf referenced a Resolution authorizing the Board of
Education to make loans from the Literary Fund to the School Boards for the
purpose of erecting, altering or enlarging school buildings (See Item
II-L.1 of the Consent Agenda).
Councilwoman Henley inquired as to whether funds borrowed from the Literary
Fund would affect the City's Bond Indeptedness for next year.
The City Manager advised this would affect the Cbarter Bonds of the year
this grant was authorized.
Item II-D.2.
CONSENT AGENDA ITEM # 24605
Councilman Robert Jones referenced an Ordinance to authorize a temporary
encroachment into a portion of the rights-of-way of Atlantic Avenue, 30th
Street, 31st Street aud Ocean Avenue and other City owned property east of
30th Street to the Virginia Beach Hotel, Limited Partnerships, its assigns
and succeessors in title. (See Item II-L.7 of the Consent Agenda).
Councilman Jones requested a discussion by Staff concerning this particular
item.
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
NEW BUSINESS ITEM # 24606
Mayor Heischober referenced the item concerning MANDATORY MOISE DISCLOSURE
STATEMENTS - Presentation by Captain Norton, Oceana Naval Station (See Item
II-N.1 under NEW BUSINESS).
Captain Norton has requested this item be WITHDRAWN as additional
information is being developed.
6
Item II-F.1
PROCLAMATION ITEM 24607
Mayor Heischober PROCLAIMED Saturday, December 7, 1985, as:
PEARL HARBOR REMFMBRANCE DAY
This PROCLAMATION was ACCEPTED by:
TIDEWATER CHAPTER OF THE PEARL HARBOR SURVIVORS ASSOCIATION:
John Korba - President
Members:
Ernest Davenport
Richard Erickson
Thomas Moore
Irving Borensteil
This PROCLAMATION recognized the members of the Armed Forces who lost their
lives in the attack of PEARL HARBOR as well as those who survived and aided
in carrying out their duties to the ultimate victory.
December 2 1985
6a
4b
riartainatilitt
WHEREAS, December 7, 1985 will mark the 44th anniversary of the
,ttack on Pearl Harbor; lerritory or Hawaii; and
WHEREAS, this anniversary is a reminder of the vigilance and
preparedness which our Nation must maintain; and
WHEREASI- we owe a great debt to the members of the Armed Forces
who lost their lives in @hat attack, and also to those who survived
and aided in carrying out their duties to the ultimate victory;
NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of
Virginia Beach, do hereby proclaim Saturday, December 7, 19B5 as
PEARL HARBOR REMEMBRANCE DAY
in Virginia Beach and pay tribute to those Who fought for our natioi
freedom.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
seal of the City of Virginia Beach to be affixed this second day of
December, nineteen hundred and eighty-five.
chober
Mayor
7
Item II-G.1
MINUTES ITEM # 24608
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the Minutes of November 25, 1985, as CORRECTED.
ITEM # 24572 - PUBLIC HEARING - PAGE 9 -
APPOINTMENTS TO THE VIRGINIA BEACH SCHOOL BOARD:
The name "Janice Barber" was
twice mispelled as "Janice Barbara".
ITEM # 24598 - UNFINISHED BUSINESS - Page 37 -
DELETION of BENDIX ROAD from the list of PROPOSED
SITES of the VIRGINIA BEACH TRANSFER STATION.
The Vote was INCORRECTLY listed as 8-0; however
the three NAY VOTES were accurately reported.
The Item should correctly read: "Voting: 8-3-.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Pentress, 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:
Nancy A. Creech and Louis R. Jones
D
- 8 -
Item II-H.1 ITEM # 24609
Mayor Heischober DECLARED a PUBLIC HEARING on:
CODE OF ETHICS COMMITTEE RECOMMENDATIONS
The following spoke concerning this issue:
John D. Moss, represented himself and spoke in
favor of said CONFLICT OF INTEREST ORDINANCE
Walt Vargo, Citizens Action Committee, spoke in
OPPOSITION, and noted he would prefer to see
Ordinance passed based on the one in FAIRFAX
COUNTY. He introduced a petition containing
over 13,400 signatures for a stronger
Ordinance.
Rae LeSesne, concerned citizen, spoke in favor of
said Ordinance and believed same should be
extended to include additional officials.
Irvin A. Douglas, President of the Council of
Civic Organizations, favors adoption, and
advised as a Member of the MAYOR'S CODE OF
ETHICS COMMITTEE that this document represented
over 500 man hours.
Robert Engesser, concerned citizen, believed this
document was unnecessary.
Sheldon L. Corner, Chairman of the MAYOR'S CODE
OF ETHICS COMMITTEE, advised the Committee will
consider the inclusion of Council Appointees,
the Mayor's Code of Ethics Committee and
the Virginia Beach Community Development
Corporation.
Councilman Robert Jones concurred the MAYOR'S CODE OF ETHIC C014MITTEE had
done an outstanding job. Councilman Jones submitted a CONFLICT OF INTEREST
Ordinance which he had drafted. (Said Ordinance is hereby made a part of
the record). He advised this was an alternate form, and more concise. He
further believed this Ordinance was stronger and more inclusive.
Mayor Heischober recognized the MAYOR'S CODE OF ETHICS COMMITTEE:
Sheldon L. Corner
Irvin A. Douglas
Robert M. Galewski
Robert G. Krebs
Fred J. Noe
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
December 2, 1985
9
Item II-L.1
PUBLIC HEARING ITEM 24610
Mayor Heischober DECLARED a PUBLIC HEARING:
APPOINTMENTS TO THE VIRGINIA BEACH SCHOOL BOARD.
The following spoke concerning this issue:
Rae LeSesne, represented himself, and recommended
John L. Perry for APPOINTMENT to the School
Board.
Robert Engesser, concerned citizen, urged
appointment of more responsive citizens
The Mayor advised City Council will bring to their EXECUTIVE SESSION
of December 9, 1985, a list of nominees who will be deliberated for
one week.
Appointments will be made at tbe City Council Meeting of December 16,
1985.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
December 2 1985
- 10 -
Item II-J.1
PLANNING ITEM # 24611
Attorney Grover Wright represented the applicant and presented a petition
containing approximately 2,000 signatures of area residents in support of
said application (said petition is hereby made a part of the record).
Photios Anthony, of Thomas C. Kyrus & Associates Realty, Inc., also
represented the applicant
John Perry, represented Officers of the Reedtown Civic League, and
spoke in favor of the application.
Edward L. Fournier, President of Witchduck Civic League, spoke in
OPPOSITION
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of HAVPHIBASE FEDERAL CREDIT UNION
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF NAVPHIBASE FEDERAL
CREDIT UNION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-4 TO 0-1 Z012851036
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of NAVPHIBASE Federal
Credit Union for a Change of Zoning District
Classification from R-4 Residential District to
0-1 Office District on certain property located
on the north side of Wishart Road, 420 feet east
of Independence Bouelvard and running in an
easterly direction a distnace of 320 feet more
or less. Said parcel contains 2.7 acres. Plats
with more detailed information are available in
the Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Retain and Maintain 3/4 of an acre in its natural state as "open
space" landscaped with trees and other vegetation on which no
structure (other than necessary drainage and utilities) shall be
built.
2. The entire 2.7 acres shown on the survey shall be used,
maintained, developed, owned and shall not be sold or used except
as "one unified parcel" under one unified control.
3. The property shall be improved and developed as an office
building substantially in accord with the rendering incorporated
in the document. The construction shall be of brick veneer and
shall not exceed forty (40) feet in height.
4. Construction will begin in two years and completed within three
years. If the property is not so developed within three years,
then no use shall be permitted in the R-4 Residential District.
5. The five (5) specimen trees on the property shall be maintained
and shall not be cut.
6. The eastern boundaries of the property adjacent to the multiple
family dwellings and the Wishart Cove Community shall be fenced
with a privacy fence and a landscape buffer as approved by the
City upon site plan review.
7. Necessary easements, encompassing a total of fifty (50) feet,
shall be granted for extension of the right-of-way from Wishart
Road through subject property adjoining the existing private road
for the purpose of assisting Reedtown residents.
8. The above conditions are encompassed in an Agreement between
NAVPHIBASE FEDERAL CREDIT UNION and REEDTOWN CIVIC LEAGUE to be
recorded in the Clerk's office of the Virginia Beach Circuit
Court.
9. A variable width right-of-way dedication along the frontage on
Wishart Road to align with the exisiting right-of-way to the east
and provide for an ultimate 60-foot right-of-way as per the
Master Street and Highway Plan.
Item II-J.1
PLANNING ITEM 24612
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Second day of December, Nineteen Hundred and Eighty-five.
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
- 12 -
Item II-J.2
PLANNING ITGEM # 24613
Reverend Thomas Jennings represented the United Civic League and spoke in
OPPOSITION.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DIENIED an Ordinance upon application of KINDER CARE CHILD CENTER,
INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KINDFR CARE CHILD
CENTER, INC., FOR A CONDITIONAL USE PERMIT FOR A
CHILD CARE CENTER
Ordinance upon application of Kind,r Care Child
Care Center, Inc. for a Conditional Use Permit
for a child care center on certain property
located on the north side of Indian River Road,
150 feet more or less east of Parkland Lane.
Said parcel is located at 5572 Indian River Road
and contains 1.64 acres. KEMPSVILLE BOROUGH.
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
13 -
Item II-K.1
ORDINANCES/RESOLUTIONS ITEM 24614
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council APPROVED:
Ordinance, on FIRST READING, authorizing the
issuance and sale of $24,400,000 GENERAL
OBLIGATION BONDS.
Page 11 of the SUMMARY of 1985 CHARTER BOND ISSUE has been corrected and is
hereby made a part of the proceedings with the correction being:
Deletion of "Pembroke Bikeway" and insertion of
"Sandbridge Bikeway".
"Virginia Beach - Great Neck"
will be changed to "Virginia Beach ommunity
Center - Great Neck"..
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
13a -
z
0
AN ORDINANCE AUTHORIZING THE
0
ISSUANCE OF PUBLIC IMPROVEMENT
BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM
0 AMOUNT OF $24,400,000
C.
WH REAS, the City has retired or will retire indebtedness in
an amount of not less than $14,400,000 during 1985, so that the
City will be authorized to issue bonds in an amount of at least
$24,400,000 during 1985 without submitting the question of their
issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for
the City of Virginia Beach, Virginia, to construct and improve vari-
ous public facilities and improvements, all of which will promote
the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the City Charter (Ch. 147,
Acts of Assembly of 1962, as amended) and the Public Finance Act,
there are hereby authorized to be issued public improvement bonds
of the City of Virginia Beach in the maximum amount of Twenty-Four
Million Four Hundred Thousand Dollars ($24,400,000) to provide
funds, together with other funds that may be available, for the
following purposes:
School projects, including planning,
site accfuisition and improvement,
construction and equipping of schools
and related facilities $ 9,323,699
13b -
2-
Engineering and highway projects,
including land acquisition,
construction, improvement, replace-
ment, expansion and extension of
streets, bridges, highways, bikeways,
beachfront and boardwalk, and beach-
front underwater obstruction removal 4,607,574
Drainage projects, including dredging
Eastern Branch of Lynnhaven River and
expansion of Canal #2, and studies,
design, construction and installation
of drainage systems, culverts, pump
station outfall and related facilities 2,390,799
Building projects, including construc-
tion, equipping and furnishing Central
Library, enlargement of Bureau of
Animal Control facility and landfill
expansion 5,932,641
Parks and recreation projects, in-
cluding nlanning, land acquisition
and improvement, construction, en-
largement and development of new
parks, bikeways, community centers
and golf course 2,145,287
TOTAL $24,400,000
Any amount not needed for any of such purposes may be used for any
other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate per-
mitted by law at the time the bonds are sold, be in such denomina-
tions and form, be executed in such manner and be sold at such
time or times and in such manner, including the sale of the same
as one or more separate issues or in combination with the sale of
general obligatidn bonds heretofore or hereafter authorized for
similar or other purposes, as the Council shall hereafter provide
by appropriate resolution or resolutions.
13c
3-
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediately.
Approved this day of December, 1985.
Mayor
FIRST READING: December 2, 1985
SECOND READING:
13d
. . . . . . . . . . . . . . . .
0 9
.1 0.
13e
0
- 14 -
Item II-K.2
ORDINANCES/RESOLUTIONS ITEM # 24615
Mrs. Phyllis Millette, Director of Personnel, responded to Council's
inquiries concerning this Ordinance and advised any given Holiday costs
the City approximately $335,000.
A MOTION was made by Councilman McCoy, seconded by Councilwoman Creech to
ADOPT an Ordinance to amend and reordain Section 2-83 of the Code of the
City of Virginia Beach, Virginia, pertaining to Holidays (Lee-Jackson-King
Day).
A SUBSTITUTE MOTION was made by Councilman Baum, to ADOPT an Oridinance, as
further AMENDED*, to amend and reordain Section 2-83 of the Code of the
city of Virginia Beach, Virginia, pertaining to Holidays
(Lee-Jackson-King).
*The Amendment shall be to delete on Page 2, Section (d), remainder of said
paragraph beginning with the words "In addition to the above holidays".
The SUBSTITUTE MOTION was WITHDRAWN awaiting presentation to Council of the
School Board Pay Plan Review Task Force comprised of Councilwoman Henley
and Councilman McCoy and the City Manager's FY 1985-86 Operating Budget.
Upon motion by Councilman McCoy, seconded by Councilwomari Creech, City
Council ADOPTED:
Ordinance to amend and reordain Section 2-83 of
the Code of the City of Virginia Beach, Virginia,
pertaining to Holidays to establish annually the
Third Monday in January as LEE-JACKSON-KING DAY.
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
December 2, 1985
14a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-83 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO HOLIDAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-83 of the Code of the City of Virginia
Beach, Virginia, pertaining to holidays, is hereby amended and
reordained to read as follows:
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, enel probational and temporary merit employees shall be
covered by the provisions of this section.
(1) The first day of January (New Year's Day).
(2) The third Monday in January (Lee-Jackson-King Day)
+2+ (3) The third Monday in February (George Washington's
Day).
+3* (4) The last Monday of May (Memorial Day).
f4+ (5) The fourth day of July (Independence Day).
+5@ (6) The first Monday of September (Labor Day).
+6@ (7) The eleventh day of November (Veterans Day).
f4+ (8) The fourth Thursday of November (Thanksgiving
Day).
fO@ (9) The twenty-fifth day of December (Christmas Day).
f9+(10) One-half of a regular workday on the twenty-fourth
day of December (Christmas Eve), except when
Christmas Eve falls on a Friday, Saturday or
Sunday.
f+g*(ll) A flexible personal holiday (to be taken as a
personal, national, religious or other holiday
the city does not observe). Part-time and
temporary employees shall not be eligible for this
holiday.
- 14b -
When any holiday enumerated in (1) through fa@ (9) above falls on
a Saturday, the Friday next preceding such day shall be a
holiday. When any holiday enumerated in (1) through @8@ (9) above
falls on a Sunday, the Monday next following such day shall be a
holiday.
(b) In addition to the holidays prescribed in subsection
(a) above, any other day so declared by the mayor shall be a
holiday.
(c) Part-time employees shall receive time off with pay for
the proportionate part of the day which would have normally been
worked.
(d) Employees who have been in a nonpay status for more
than fourteen (14) days prior to any holiday shall not be
eligible for compensation for holidays (1) through +9@ (10)
listed in paragraph (a) above. In addition to the above
holidays, employees with ten (10) years or more tenure shall
receive a day off during the pay period of their birthday as a
paid holiday. This day cannot be accrued as annual leave. Any
employee not taking the birthday holiday shall not be eligible
for overtime pay or compensatory time for not doing so.
Adopted this 2nd day of December 1985, by the Council
of the City of Virginia Beach, Virginia.
KJC/da
11/26/85
misc
-2-
- 15 -
Item II-L
CONSENT AGENDA ITEM # 24616
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, and 6.
Item 7 was voted upon seperately
Voting: 8-0
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 and Meyera E. Oberadorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S.
- 16 -
Item II-L-1
CONSENT AGENDA IEM # 24617
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing the Board of Education to make
loans from the Literary Fund to the School Boards for
the purpose of erecting, altering or enlarging school
buildings.
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S.
December 2, 1985
- 16a -
R E S 0 L U T I 0 N
WHEREAS, the Code of Virginia authorizes the Board of
Education to make loans from the Literary Fund to the school
boards for the purpose of erecting, altering or enlarging
school buildings, and
WHEREAS, Officials of the School Board for the City
of Virginia Beach have prepared an application addressed to
the State Board of Education of Virginia for the purpose of
borrowing from the Literary Fund $2,000,000 for a new elementary
school building in Kempsville Borough to be paid in 20 annual
installments and the interest thereon at 4 percent paid annually;
WHEREAS, City Council desires to support this request and
believes it to be appropriate;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Virginia Beach that the application to the State Board of
Education of Virginia for a loan of $2,000,000 from the Literary
Fund to the School Board of the City of Virginia Beach is hereby
approved.
This resolution shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 2nd day of December -, 1985.
CERTIFIED TO BE A TRUE COPY OF THE RESOLUTION ADOPTED BY THE VIRGINIA
BEACH CITY COUNCIL ON DECEMBER 2, 1985, TO BE MADE A PART OF THE
APPLICATION ON BEHALF OF THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH.
DATE:
Ruth Hodges Smith, CMC
City Clerk
- 16b -
S-R,@i.d 2.1-77-2M
No,
APPUCAITON FOR LOAN FROM THE LrrERARY FUND OF VMG@
Name of School Rosemont Forest Elementary -Nanic of CDuiity-CityYirginia Beach, VA
TO THE STATE BOARD OF EDUCATION,
Richmond, Virginia:
Gentlemen:
The School Board for tlie County-City of Virginia Beach, Va. lircby nialies application for a
loan of $2,000,000 from the Literary Fund of Virginia for the purpose of crecting, enlarging, or niaking
Kempsville Borough, Va. Beach, VA
pernianent improvement to a school building located at as follows:
(Describe brieflv) a 15@cre site located near Recreation Drive which is the future
Lynnhaven Parkway more fully described in Deed Book 2412, page 210.
1. The said building, addition, or permanent improvement described above, to be of Brick and Concrete Masonry
will be used as a El ementary School building. and is estimated to cost $5,VXOO'OwOwt@a'o-. brick, fmw, etc.)
(Ee.L, H. S, @b. Elm. & H. &)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is$ 5,035, 000 N/A
3. There is at present a loan from the Literary Fund on this in the amount
of t N/A (Buildig or @l p@t)
4. The tot al arnount of the loan will not exceed the cost of the btiildiiig, a(ldition, or permanent improvement there-
to, and site, on account of which such loan is made.
S. The site on which this building, addition, or pertnanent 4nprovcnient, will bc located contains 15 acres,
of which 15 acres are well suited and useable, or can be easily iniproved and inade tiscable, for playgrotind alid
recreational purposes.
6. The platis and specifications for the building or improvernetit, complying witli Mijiimtini Scliool Btlildilig Re-
quiremeiits, liave beeti or will be tpl)roved by the divisioti stiperititetidetit of scliools and the Superititeiideiit of Public
Instruction before cotistrtictioii is beguti. It is understood ttiat tlie State Boar(! of E(Iticatioti reserves tlic riglit to witil-
hold any part or all of the amount of this loati, if the plans atid specifications al)l)roved by the Superijiteiidetit of Public
Instruction are not followed.
7. The proposed building, additioii, or pemianent improvement, is desirable because: (Explain briefly)
This school is required to house the proiected enrnllmpnt nf goo studpntq
in the rapi,dly growing area of Kempsville. The building will provide immediate relief
for Providence and Rosemont Elementary Schools which are overcrowded.
8. Thc present total indcbte(Iness of the County-City for school buildings is -It 63,835 042 of which
$1 900,000 -- is owed to tlie Literary Fund.
(1)
- 16c -
This County-City has not defaulted or failed to meet its debt service obligations a3 and when due for the past
except, as follows: N/A
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with
the provisions of "Minimttm Requirements and Standards for Scliool Btiildings," Regulations State Board of Education.
11. The builditig or improvemcnt for which this application for a loan is made is part of a long-range plaiiiiing
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended iii the study or stirvey made by (give title atid date) nrOllMent
Projections and School Needs Presented to the School BO,rd October, 1984.
20 20
12. This loan is to be niade for - years, and is to be paid in annual itistallnients, witli interest at
5 . 20 5 .. 20
the rate of 4 per cezitum per annum, payable annually.
13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of Lhis application),
agreed to 1)rovide for the repayment of this loan.
Given under my hand this the 1 9th day of November
THE SCHOOL BOARD OF Virginia Beach, Virginia &Mlt)JXCITY
By ChaimwL
ATTEST: Clerk.
(2)
16d
NG Of the Board of Supervisors for the County of N/A
the @l
Virginia Beach held in the said County or City on the
day of
19-:
.N/A
WJIEREAs, TI)c School Board for the County of or c4ty
of Virainia Beach -, on the day of 19-, prestuted
to this Board or Council, an applicatioii addressed to tlie State Board of I-Cduc-ation of Virginia for the purpose of borroing
ftom tlie Literary Fund $.2,000,000 for the ncw school building (or for ;tdding to or improving tlie prewnt
school buildiiig) at Virginia Beach to be I)aid in a.nual installments, and the interest thereon at
4 pcr cent paid annually. 5 1. 20
R-Lv-, That the application Of tlle County or City School Bord to tlie Stat, Board of Education of VirgWa
for a loan of 000 from the Literary Fund is bercby approved, and authority is hereby granted the said
County or City School Board to borrow the said anount for the purpose set out in said application.
The Board of Stipervisors for said County or Couiicil of s-aid City will cach year duriiig the life of this loan, at the
time they fix the rcgular levies, fix a r2te of levy for scliools or make a cash appropriation sufficient for operation expenscs
and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the lAterAry
Fund.
I hereby certify tbat tlie foregoing is a true copy as takeii from the minutes of tike Board of Supervisors for the
CDunty of or the Council of the City of h
aerk
BOARD OF SUPERVISORS FOR THE
COUNTY OF N/A
COUNCIL FOR THE
CITY OF Virginia Beach
CODE S@ 22-113. M* boW of mpcff@ muaw or @ sova@ body Of say county. city of W" @ag u a @t,
dimkt, in "" the @l bmtd tlwmd h" bor@ moan @ tbe 1--m tura AW idude in ia @i., or appmw@ a hmd
m the cue @Y be. to @ ic @@ m =@ ad in the event tbat such Khool boud @ [.U t,, Py @ @, (
d-t cficct fmm tbt Stme T@. tb. @ty. city of tm- @ @ pay to tlw s.
or pticip4 mt of tk fun& in his @ bc@as to mch @ty, city at @ Tb.
body to p@ide fw thc SmY@t of @ @ of dw i-tna the@ b. W . d@ @
fmm @ m motim bdoce the ci@ court of oopoftdw @ of @ cmmty , ciy,
i, 1-,4 @tcd by dw s@ for the tb ol m& axmcy dw. - by
C-@ @ Of "Skm 10 sa @f hi. D
(3)
- 16e =
nUUL @ I I C.
AT'rORNEY'S CEILTIPICATE OP TrrLE
Fy tllat 1, wi.11, a qualified and liceased attr,,y,
t.@ the
title of the School BoaM of Virginia Beach
parcel or tract of land refened to in thc attached- CitY- Vir@- $o that lot,
application, and that the said SchooLBoard Y',@c to said
land, and the same is free from encumbrances, cxcept as noted in attached sta a f@-
Executed this 7th dy f 1 9@5
tw
"Kty or aty
CERTMCATE OF THE CLERK OF COL),RT
W"-- thc Sch-I BOard of the County of or the City of Virginia Beach
Of TCO mute in guch @ or City ch
which to e the . Virginia
rW school buuding d-ribed in this application. The title deed to this property is recorded in thc
derk's office for County, or Beach City, in deed book number 2412
pap
ONE. That the title to the real estate has been examined and approved in writing by in attorney fr thc nw,,Ith
for such County or the City Attomcy of such City, and his report filcd with the de,k of the court.
Two. That the certificate of the attomey examining the title shows that the School Board of tlie county of
or the City of Virg fficient title in fee simple to the
real estate subiect to the (following)* (no),encum
Given under my hand thi3 the day
Clerk
rt of
city
Tiiis APPLICATION 112S beell reviewed and checked agaiiist "Miiiimuni Requirements and Standards for School
Buildings."
Date Sup@.for of School Buildinqf
Attorney's Certificate of title approvcd this, tlie day of 19-
Attorney General of Virginia
Approved by tlie State Board of I!-Aucation, - 19-
d ot Education
-Attach @u.br.nce., if ny.
(4)
- 16f
STATEMENT OF THE COUNTY OR CXI'Y URER
(@ced by the ScAte Boud of Ed@n u p- of Pplim-
@ ior, &M basis fot smatins, a @ f@ the Litenu7
F..d i. @plinm with @a 22-107 of tbe Code of Visiaia.)
Value of Real and Personal Property, subjea to tilxation for county school purposes at date of this report,
Estatc . ..... . .......... . ......................................................................................................................... g, 8,890,778,lo8
Tangible Personal Property ............................................... . ....................................................... . ........ $- 497,670,483
Public Service Corporations .(RE & PP)
. ............................................................................................................. !t 253,693,018
Tow ........ ....................................................................... ......... 141 60
............................
l@ of the County or Oty for sphool purpows for current fiscal year:
County School Levy ............................................. ................................................................................
Cash Appropriations (@) ....... ....................................... . ............................. ................................... 12 8
District Levies ....................................................... . ...............................................................................
Total ....... .. . ....
......................................................................................................... 8i.123,938
@ndebtednew of County or City (induding distrkts) for s6ool purpons at date of this repoq:
Literary Fund Loans ........ ................................................................ . .. . ............ . .................................. 00 000
L.ong-Term Bonds ............................................................. . ........... . ... . .. . . . ...... ........................ .... . 61,935.o42
Temporary @ans ..................................................................................................................................
Total ........ ................................................................................................................. 8 042
Record of School Bonds Outstanding (not including Litemry Fund Loans)
I-ang-TeiTn School Bonds: (Please see attached)
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
Date of Issue Maturity Rate of Interest
Payments for Indebtediiess from school funds for current fi" year; (Iiiclude those to be paid before end of current
To Literary Fund of Virginia, induding Interest ...................................................................... 1000
To Sinking Fund for Rctirement of Long-Term School Bonds ................................................
lAng-Tenn School Bonds paid, including Interest ........... .... ........ . . . .......... . .........................$ 8,327,632
Total ...... ............................................................................................................ . .........................$ 8,487,632
Teinporary Loans Paid ............ .....................................................................................................
Total Indebtedness Paid ............................................................................................................$ 8,487,632
I certify that the above is a tnie statement concerning the I funds for A County or City
the y-r 19- - 19-, according to the recods of my 0
for
City
- 16g -
City of Vlrginia Beach, VA
School Bonds Outstanding
Bond Issue Maturlty
Issue Date Date Rate of lntel w
1961 School 04/01/61 04/01/86 3.50%
1968-A School 06/01/68 12/01/88 4.50%
1968-B School 06/01/70 12/01/85 5.75%
1972-A School 09/01/72 09/01/92 5.094909%
1972-B School 06/01/73 06/01/94 4.905989%
1974 Public Improvement 11/01/74 11/01/92 5.8219%
1975 Public Improvement 12/01/75 12/01/95 6.1031%
1976 Public Improvement 12/01/76 08/01/96 4.803472%
1977 Pubilc Improvement 12/01/77 10/01/97 4.9517%
1978 Public Improvement 12/01/78 10/01/98 5.6296%
1979 Public Improvement 11/01/79 11/01/99 6.374941%
1980 Public Improvement 02/01/82 12/01/97 11.885%
1981 Public Improvement 02/01/82 12/01/97 11.885%
1982 Public Improvement 02/01/82 11/01/02 9.5333%
1984 Pubilc Improvement 07/15/84 07/15/04 9.336614%
1985 Public Improvement 02/01/85 02/01/01 8.210425%
- 17 -
Item II-L-2
CONSENT AGENDA ITEM # 24618
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance, upon SECOND READING, to accept and
appropriate grants of $237,340 from state aid and
$5,901 from federal aid to Public Libraries.
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S.
December 2, 1985
- 17a
AN ORDINANCE TO ACCEPT GRANTS OF
$237.340 FROM STATE AID TO PUBLIC
LIBRARIES AND $5.901 FROM FEDERAL
AID TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS
WHEREAS. City Council is interested In enhancing the quality of
service provided by our Public Libraries. and
WHEREAS, grants of $237.340 from State Ald to Publtc Libraries
and $5.901 from Federal Aid to Public Libraries are available for this
purpose. and
WHEREAS, no local funds are required.
NOW. THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the above two grants be accepted and funds
of $243.241 be appropriated to the Department of Public Libraries for the
PY 1985-1986 Operating Budget as follows:
Office Supplies s 6.159
Books and Subscriptions 121.030
Educatlanal and Library Supplies 2,250
Furniture and Fixtures 97,550
Data Processing Equipment 10.351
Travel and Training 5.901
TOTAL $243.241
BE IT FURTHER ORDAINED that Estimated Revenues from the Coamon-
wealth of Virginia be increased by $237.340 and from the Federal Government
by $5.901 to finance the appropriations.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Vlrginla Beach. Virginia on
the Second day of December
1985.
FIRST READING: November 25, 1985
SECOND READING: December 2, 1985
December 2, 1985
- 18 -
Item II-L-3
CONSENT AGENDA ITEM # 24619
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $3,980 of General Funds Reserve
for contingencies to tbe Po]Ace Chief's Division for
reimbursement Of legal expenses incurred by a city
employee in the performance of his duties.
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S.
- 18a -
AN ORDINANCE TO TRANSFER FUNDS OF
$3,980 FROM THE GENERAL FUND'S RESERVE
FOR CONTINGENCIES TO THE POLICE CHIEF'S
DIVISION FOR REIMBURSEMENT OF LEGAL EXPENSES
INCURRED BY A CITY EMPLOYEE IN THE
PERFORMANCE OF HIS DUTIES
WHEREAS, a Virginia Beach police officer was charged with
assault while performing his duties, and
WHEREAS, the employee incurred legal fees of $3,980 preparing
his defense, and
WHEREAS, the General District Court dismissed the case, and
WHEREAS, the officer is seeking reimbursement from the City
for his legal fees in accordance with Section 15.1-131.6 of the Code of
Virginia, and
WHEREAS, City Council considers this request reasonable and
proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $3,980 be trans-
ferred from the General Fund's Reserve for Contingencies to the Police
Chief's Division for legal fees involving the above incident.
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 Second day of DgCember -1 1985.
CAC/3 ORD3 December 2, 1985
- 19 -
Item II-L-4
CONSENT AGENDA ITEM # 24620
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $50,084 of Community Development
Capital Project Funds to completed capital projects'
deficits in Beechwood, Doyletown and Newlight to pay
for post-closing costs.
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.
D.D.S.
December 2 1985
- 19a -
AN ORDINANCE TO TRANSFER $50,084
OF COMMUNITY DEVELOPMENT CAPITAL
PROJECT FUNDS TO COMPLETED PROJECTS
TO PAY FOR POST-CLOSING COSTS
WHEREAS, certain Community Development capital projects
involving the Beechwood, Doyletown, and Newlight target areas have been
completed, and
WHEREAS, the project accounts have deficit balances due
to site acquisition costs resulting from post-closing project condem-
nation suits and to utility relocation costs, and
WHEREAS, elimination of the deficits will require the
transfer of funds between project accounts in the appropriate program
year to keep the total amount of each program year's allocation intact.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that Community Development capital
project funds be transferred as shown below to eliminate deficits in
completed capital projects.
NINTH PROGRAM YEAR
Transfer From
Contingencies $ 50,084
Transfer To
2-947 Mill Dam Streets $ 50,084
EIGHT PROGRAM YEAR
Transfer From
2-947 Mill Dam Streets $ 50,084
Transfer To
2-813 Newlight Streets 15,578
2-904 Doyletown Streets 5,082
2-942 Beechwood Streets 29,424
Total $ 50,084
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 Second day of Decewmber 1985.
CAC/3 ORD5
- 20 -
Item II-L-5
CONSENT AGENDA ITEM # 24621
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing enlargement of the nonconforming
structure located at 216 74th street (property of
Joseph 0. M. Thatcher, ET UX).
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S. I
December 2, 1985
- 20a -
RESOLUTION AUTHORIZING ENLARGEMENT
OF THE NONCONFORMING STRUCTURE
LOCATED AT 216 74TH STREET (PROPERTY
OF JOSEPH 0. M. THATCHER, ET UX)
WHEREAS, Joseph 0. M. Thatcher, et ux, desires to
construct an addition totalling approximately 576 square feet of
living space to his triplex dwelling located at 216 74th Street,
Virginia Beach, Virginia, which addition is shown as the shaded
area on the attached drawing labeled Exhibit A; and
WHEREAS, the existing structure does not conform to the
provisions of the Comprehensive Zoning Ordinance because triplex
dwellings are not allowed in the R-8, Residential District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement of a
nonconforming structure if Council finds that the structure as
enlarged is equally appropriate or more appropriate to the zoning
district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the enlargement of the
nonconforming triplex dwelling, located at 216 74th Street,
Virginia Beach, Virginia, as shown on attached Exhibit A, is
equally appropriate or more appropriate to the zoning district in
which it is located than is the existing nonconformity; and the
City Council hereby authorizes enlargement of the nonconforming
structure in the manner shown on attached Exhibit A, provided
enlargement of the structure complies with all building, site
plan, and other requirements of the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on December 2, 1985
CJ/cb/da
11/13/8 5
(3)
December 2, 1985
- 2C)b
EXHIBIT A
ZO- t4. -MA,@ev-
70v'r- -44-
- 21 -
Item II-L-6
CONSENT AGENDA ITEM # 24622
Upon motiori by Councilwoman Creech, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment into a
portion of the City property known as the Whirlaway
Sewer Pump Station site located adjacent to Whirlaway
Road to Robert B. Giles and Rosemary Helen Giles, their
heirs, assigns and successors in title.
This Encroachment shall be subject to:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 8-0
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 and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr., Louis L. Jones and J. Henry McCoy, Jr.,
D.D.S.
- 21 a -
Requested By Department of Public Works
t;
AN ORDINANCE TO AUTHORIZE A TEMPORARY
z
0 ENCROACHMENT INTO A PORTION OF THE
u CITY PROPERTY KNOWN AS THE WHIRLAWAY
0
SEWER PUMP STATION SITE LOCATED ADJACENT
TO WHIRLAWAY ROAD TO ROBERT B. GILES AND
ROSEMARY HELEN GILES, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in section 15.1-893, Code of Virginia, 1950, as
amended, Robert B. Giles and Rosemary Helen Giles, their heirs,
assigns and successors in title are authorized to construct and
maintain a temporary encroachment into the City property used as
a pump station site known as the Whirlaway Sewer Pump Station
Site located adjacent to Whirlaway Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a chain link
fence and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion
of the City's property known as the
Whirlaway Sewer Pump Station Site located
adjacent to whirlaway Road, on the
certain plan entitled: "AGREEMENT BETWEEN
ROBERT B. GILES et ux AND CITY OF
VIRGINIA BEACH," a copy of which is on
file in the Department of Public works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Robert B. Giles and Rosemary Helen Giles, their
heirs, assigns and successors in title and that within thirty 30
days after such notice is given, said encroachment shall be
removed from the City's property known as the Whirlaway Sewer
Pump Station Site located adjacent to Whirlaway Road and that
Robert B. Giles and Rosemary Helen Giles, their heirs, assigns
and successors in title shall bear all costs and expenses of such
removal.
- 21 b -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Robert B. Giles and Rosemary Helen Giles, their
heirs, assigns and successors in title shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees
from and against all claims, damages, losses, and expenses
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Robert B. Giles and Rosemary Helen
Giles executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of December 19 85
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- 22 -
Item II-L.7
CONSENT AGENDA ITEM # 24623
Councilman Robert Jones requested this item be discussed concerning how
the placement of footings and pile caps could be considered "temporary".
Donald Trueblood, City Engineer, responded to Council's inquiries. These
footings and pile caps will not interfere with the City rights-of-way.
The City Attorney advised General Law does not allow "permanent"
encroachments, only authorizes "temporary" encroachments.
Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City
Council ADOPTED
Ordinance to authorize a temporary encroachment
into a portion of the rights-of-way of Atlantic
Avenue, 30th Street, 31st Street and Ocean Avenue
and other City owned property east of 30th Street
to the Virgiula Beach Hotel, Limited
Partnerships, its assigns and successors in
title.
This ENCROACHMENT shall be subject to:
1. The owner agrees to remove the encroachment when notified by the
City, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless of
any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to be
come unsightly or a hazard.
4. Owner agrees to rebuild the sidewalk on Atlantic Avenue to
conform to the specifications proposed in the Atlantic Avenue
Revitalization Project. This should include:
a. Tree, shrub and ground cover
planting.
b. Wider sidewalks paved with
the specific and approved
paving unit.
c. Street furniture: Specific
and approved benches,
planters and trash
receptables.
d. Small scale pedestrian
lighting with the specified
and approved sandard
fixtures.
e. Underground location of hotel
related electrical and
telephone utilities.
5. Owner agrees to restore bike trails and resod or plant greenbelt
according to an approved landscape plan.
6. Owner must submit a landscaping plan which delineates
improvements as specified in 4 and 5 above to be approved prior
to the construction of these elements.
7. Owner agrees that prior to commencing construction, a screening
fence shall be placed along the right-of-way of 30th Street, 31st
Street, Atlantic Avenue and Ocean Avenue and along the northern
property line of the aforesaid restroom area, and that the
screening fence shall be maintained in a good state of repair
until construction of the improvements are completed.
- 23 -
Item II-L.7
CONSENT AGENDA ITEM # 24623 (Continued)
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
December 2 1985
23a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO PORTIONS OF THE
RIGHTS-OF-WAY OF ATLANTIC AVENUE, 30TH
STREET, 31ST STREET AND OCEAN AVENUE AND
OTHER CITY OWNED PROPERTY EAST OF 30TH
STREET TO THE VIRGINIA BEACH HOTEL,
LIMITED PARTNERSHIPS, ITS ASSIGNS AND
SUCCESSORS IN TITLE
IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the virginia Beach Hotel, Limited Partnership, its
assigns and successors in title are authorized to construct and
maintain a temporary encroachment into portions of the City's
rights-of-way of Atlantic Avenue, 30th Street, 31st Street and
Ocean Avenue and other City owned property east of 30th Street
designated as public restroom area.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining placement of
footings and pile caps in the City's rights-of-way as a
foundation for a proposed hotel and that said encroachment shall
be constructed in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment
and location, and further that such temporary encroachment is
more particularly described as follows:
An area of encroachment into portions of
the City's rights-of-way known as
Atlantic Avenue, 30th Street, 31st Street
and Ocean Avenue and other City owned
property east of 30th Street designated
as public restroom area, as shown on that
certain plat entitled: "PLAN SHOWING
PROPOSED ENCROACHMENT FOR VIRGINIA BEACH
HOTEL SCALE 1"=501 22 MARCH 1985 REV 7
JUNE 1985 REV 14 JUNE 1985," a copy of
which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Virginia Beach Hotel, Limited
- 23b -
Partnership, its assigns and successors in title and within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City's rights-of-way of Atlantic
Avenue, 30th Street, 31st Street and Ocean Avenue and other City
owned property east of 30th Street designated as public restroom
area and that Virginia Beach Hotel, Limited Partnership, its
assigns and successors shall bear all costs and expenses of such
removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Virginia Beach Hotel, Limited Partnership,
its assigns and successors in title shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees
from and against all claims, damages, losses, and expenses
includinq reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Virginia Beach Hotel, Limited
Partnership, executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions and other
provisions deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of December 19 85
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Item II-M.1 - 24 -
UNFINISHED BUSINESS ITEM # 24624
ADD-ON
BEACON ARTICLE
Councilman McCoy sponsored Attorney Robert Cromwell who addressed the
article appearing in THE BEACON entitled: "COUNCIL MISLED ON REZONING
VOTE", dated December 1, 1985.
Attorney Robert Cromwell reiterated that ALLIANCE HEALTH SERVICES
CORPORATION does have a contract with DREDEVCO, his clients, for
approximately 40-acres of property on BONNEY ROAD.
This article referenced City Council's elimination of the "BENDIX ROAD" as
a Potential Site for the REFUSE TRANSFER STATION on November 25, 1985.
As this entailed a 40 acre project with a purchase price in excess of $4
MILLION, the contract contained a contingency between DREDEVCO and ALLIANCE
relating to the location of the proposed TRANSFER STATION on BENDIX ROAD.
Attorney Cromwell advised he had appeared before Council representing
ALLIANCE for a Change of Zoning from 0-1 to B-3 on Bendix Road for the
ultimate construction of their FITNESS and WELFARE CENTER. A "HEALTH SPA'*
was referred to in the newspaper article.
Attorney Cromwell further referenced an error in the article. The overall
cost of the project is not $42 MILLION. This figure represents the
ESTIMATED ANNUAL PAYROLL.
Councilman Jones requested ALLIANCE advise Council of the specific plans of
their project.
- 25 -
Item II-M.2
UNFINISHED BUSINESS ITEM # 24625
ADD-ON
Counciman McCoy sponsored Ronald E. Morrison, resident of Virginia Beach
for 16 years, who referenced replacement of Princess Anne Golf Course with
Sports Fields (baseball) as reiterated in the CAPITAL IMPROVEMENT PROGRAM,
Project 4-935.
Mr. Morrision advised the following four points:
1. Princess Anne Park has been designated in the CIP for over 10
years as a Champion Golf Course Facility.
2. Plaus for the expansion of Redwing Golf Course have been in
existence since the original development of the Park
3. The new golf courses, Broad Bay Point, Cypress Point, and
Glenwood, being developed by R. G. MOORE would not ease the
demand for golf facilities by residents or tourists. These
courses are for the exclusive use of the residents of these new
subdivisions.
4. Princess Anne Park Golf Course was deleted because of R. G.
MOORE's planned development of a Golfing Community adjacent to
Princess Anne Park.
Mr. Morrison recommended the CAPITAL IMPROVEMENT PROGRAM be amended to
include the PRINCESS ANNE PARK GOLF COURSE.
The City Manager will advise as to whether Property south of Princess Anne
Road is owned by the City.
- 26 -
Item II-N.1
NEW BUSINESS ITEM # 24626
NOISE DISCLOSURE
MANDATORY NOISE DISGLOSURE STATEMENTS were DELETED from City Council's
AGENDA.
Captain Norton of Oceana Naval Air Station had requested this item be
WITHDRAWN.
- 27 -
Item II-N.2
INTERIM FINANCIAL STATEMENT ITEM # 24627
Bob Hayes, Comptroller, was in attendance to respond to Council's inquires
concerning the INTERNIN FINANCIAL STATEMENT - July 1, 1985, through October
31, 1985 (Said statement is hereby made a part of the record).
The City Manager advised of a very positive Revenue Balance.
- 28 -
Item II-N.3
NEW BUSINESS ITEM # 24628
ADD-ON
Councilman Jennings referenced the consideration by the State to CLOSE the
PENDLETON BEACH AND SURFING AREA.
Councilman Jennings requested the City Manager have staff review same and
prepare a presentation for Council.
December 2 1985
- 29 -
Item II-N.4
ITEM # 24629
NEW BUSINESS
ADD-ON
Councilwoman Oberndorf referenced a State Committee which will assist the
Federal Government in reaching a decision concerning the location of
HAZARDOUS WASTE SITES.
The Cities of Chesapeake and Portsmouth are working ardently with this
Committee. Councilwoman Oberndorf requested the City Manager contact Art
Collins of the Southeastern Virginia Planning District Commission and the
appropriate individuals in Cheapeake and Portsmouth to determine if
Virginia Beach may join in expressing their concerns relative HAZARDOUS
WASTE DISPOSAL SITES
Item II-N.5
NEW BUSINESS ITEM # 24630
ADD-ON
Councilwoman Oberndorf advised the VIRGINIA MUNICIPAL LEAGUE held their
Annual Breakfast with the State Legislators the morning of December 2,
1985.
Delegates Ted Morrison (Newport News), Sam Glascock (Suffolk), and Allen
Diamondstein (Newport News) were three members of the Panel.
Councilwoman Oberndorf reiterated the three questions posed to the Panel
Members:
1. Would the Standards of Quality have an opportunity to be fully
funded and would the funding formula be changed?
2. Were they in favor of an increased tax on gasoline or would they
support the Bond Referendum?
3. In lieu of the funds that were going to be withdrawn by the
Federal Government, would they be sympathetic to making more
funds available?
The Panel Members agreed that additional money would be forthcoming for
standards of quality for education at the expense of the Prison System and
Mental Health Funding from the State.
They did not see that the formula for funding the schools would be changed.
The Members are reluctant and did not entertain any enthusiasm concerning
raising taxes on gasoline. One Member was in favor of the Bond Referendum,
the other two Members were not.
Concerning the third question, the Members basically reiterated that this
was the localities' problem and they should raise their own money.
Senator Holland and Delegate-Elect Purkey were also in attendance.
- 30 -
Item II-0.1
RECESS INTO ITEM # 24631
EXECUTIVE SESSION
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilwoman Henley, seconded by Councilman Baum, City Council
voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters,
after wbich to adjourn (5:02 p.m.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechl Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S.
*Verbal Aye
December 2 1985
- 31 -
Item II-0.2
ADJOURNMENT ITEM # 24632
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED
the meeting at 5:45 P.M.
BeverlyoO. Iro6ks
Chief Deputy City Clerk
Rtath HodgesSmith, CMC
City Clerk
City of Virginia Beach,
Virginia
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