AUGUST 19, 1985 MINUTES
Cit@ c),f NTir-Wi@i@ 13@@@la
"WORLD'S LARGEST RESORT CITY"
CrTycouwclL
MA YOR HAROLD MSCHOBFR, At L.@g-
VICE-MA YOR REBA S M@CLANAN, A- B-gh
JOHN A. HAUM,
NANCY A. CREECH, At L.@9@
ROBERT E. FEMMESS, V@.. B--h B-gh
BARRARA M RENLEY, P..g. B-gh
H. JACK JENNINGS, JR., L".h.@.. B-gh
LOUIS R. JONES. By.@ B-gh
ROBERT G. JONES. A, L.,g.
J. HENRY M@COY, JR., K@.P.@u. B--gh
MEYERA E. OBERNDORF, At L.9@ 281 CIYY HALL BUILDING
RU7'ff HODGES SMRTH, CMC, City CL@k MUNICIPAL CEVTER
CITY COUNCIL AGENDA VII?GINIA BEACH, VIRRINIA 23456 PM
[8041427-4303
August 19, 1985
Virginia Beach City Council
SPECIAL MEETING: JOINT CITY COUNCIL/SCROOL BOARD Coaference Room 11 AM
PRFSENTATION - ROADS AND FUNDING SOURCES - Conference Room - 12:00 NOON
Arthur Collins, Executive Director
Southeastern Virginia Planning District Commission
ITEM I. 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 PM
A. INVOCATION: Reverend Michael Johnson
Grace Brethren Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TRE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CTTY COUNCIL
-- ----- -------
E. MAYOR/COUNCIL DISCUSSION OF PERTINENT MATTERS
F. PRESENTATION
1. Resolutious In Recognition - National Merit/Achievement
Scholarship Students
DANIEL BURNETTE Kempsville High School
ROBERT DILLMAN Kempsville High School
CAROLYN FRANCE Kempsville High School
STEPHEN GALLAGHER - First Colonial High School
LCORIE GOCHICOA - Kellam High School
KEITH GRIFFLER - Green Run High School
MICHAEL HANNA - Green Run High School
KERRI DION HARPER - Princess Anne Righ School
41ONEL HARRIS - Bayside High School
MARK HARRIS - Cox High School
MICWL KARESH - First Colonial High School
LESLIE LOWE - Cox High School
ANNE LAURA McCLANAN First Colonial High School
ELIZABETH MATTESON Green Run High School
GREGG MAURER - Bayside High School
WILLIAM MURRAY - Kempsville iligh School
ERIC OLSSON - Princess Anne High School
ANDREW STAHLER - Princess Anne High School
V,KEVIN TUTTLE - Bayside High School
2. Certificate of Conformance in Financial Reporting -
Fiscal Year ending June 30, 1984
G. MINUTES
1. Motion to accept/approve the Minutes of August 12, 1985.
H. PUBLIC G - Virginia Beach Transfer Station
Proposed Sites - Southeastern Public Service Authority
Bendix Road
Greenwich Road
Kentucky Avenue
Mount Trashmore
Rosemont Road
I. PLANNING - REQUEST FOR RECONSIDERATION
1. Application of Mrs. G. J. Gulbranson and Mrs. Naucy Vest for
a change of zoninf, from R-5 Residential District to 0-1
ofiFice District on a 4.41-acre parcel located along the
north side of Providence Road, east of Indian River Road
(Kempsville Borough).
Letter from applicant requesting an additional
curb cut at the end of the 0-1 parcel.
J. PLANNING - BY CONSENT
1. Ordinance closing, vacating and discontinuing a portion of
Lee street (old Virginia Beach Road and Old County Road) in
the petition of The Runnymeade Corporation (Virginia Beach
Borough).
Letter from the City Manager transmits his
recommendation for a 60-day extension.
2. An lication of Percy A. Brill for a change of zoning from
@-9 R..id..ti.1 Di.trict to B-2 C...aiLy-nusiness vigtrict
on a 23,435-square foot parcel located on the east side of
Rosemont Road, south of Holland Road (Princess Anne
Borough).
Letter from the City Manager transmits the
recommendation, BY CONSENT, of the Planning
Commission for approval.
3. Application of Johnson, Iuc., t/a Henry Johnson Tire Center,
for a conditional use permit for sale and installation of
tires and auto repairs on a 29,288.68-square foot parcel
located on the south side of Lynnhaven Parkway, east of
Holland Road (Princess Anne Borough).
Letter from the City Manager transmits the
recommendation, BY CONSENT, of the Planning
Commission for approval.
K. PLANNING
1. Application of Oil Equipment Properties for a conditional
use permit for a self-service car wash on a 3@,236-square
foot parcel located on the west side of Oceana Boulevard,
south of Harper's Road (Princess Anne Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Trustees of Rock Church, a Religious
Congregation, have applied for a conditional use permit for
a Rock Church Academy on a 7.716-acre parcel located at the
northeast corner of Kempsville Road and Manor Drive
(Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Rock Ministries, Inc., for a conditional use
permit for recreational facilities of an outdoor nature
e@nt site) on an 802-acre parcel located on the south side
of Indian River Road, west of West Neck Road (Princess Anne
Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of RHW, Inc., t/a Bob Weaver's Anto Sales, for
a conditional use permit for automotive repairs and service
on a 39,944.5-square foot parcel located at the southwest
coraer of Holland Road and Stoneshore Road (Princess Anne
Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
5. Ap lication of Carmi- Pisapia for a n@n e of zoning from
Y_ u@
R-9 R..ide.tial District to B-2 Commu s ne ss iiisrrict
on a 2.987-acre parcel located on the west side of Holland
Road, south of Ship's Corner Road (Princess Anne Borough).
Letter from the City Manager transmits NO
RECOMENDATION from the Planning Commission
due to a TIE VOTE.
6. Application of ESG Enterprises, Inc. for a change of zoning
from R-8 Residential District to B-2 Community-Business
District on a 1.782-acre parcel located on the west side of
Holland Road, north of North Landatown Road (Princess Anne
Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Russell Vann Allen for a variance to Section
4.4 (b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The site is located at 2124 Wolfsnare Road (Lynuhaven
Borough). The applicant wishes to subdivide an approximate
50,400-square foot (1.157 acre) parcel into two lots.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
8. Application of Russell L. Reid for a variance to Section 4.4
(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The site is located at 2156 Wolfsnare Road (Lynnhaven
Borough). The applicant wishes to subdivide an approximate
42,453 square foot (.975 acre) parcel into two lots.
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
L. RESOLUTIONS/ORDIN"CES
1. Resolution authorizing and directing the City Manager to
initiate the steps necessary for twice-weekly refuse
collection during the summer months only, effective July 1,
1986.
2. Ordinance to transfer $50,000 to project #3-963 Bendix Road
Refuse Facility-Renovation to allow for design of the
project.
3. Ordinance to amend and reordain Section 31-27 of the Code of
the City of Virginia Beach, Virginia, pertaining to
frequency of collection of solid waste.
4. Ordinance to amead and reordain Section 6-3 of the Code of
the City of Virginia Beach, Virginia pertaining to playing
ball$ using frisbees, etc., on the beach;
5. Ordinance to amend and reordain Section 6-6 of the Code of
the City of Virginia Beach, Virginia pertaining to taking
food or drink on the beach or adjacent streets.
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. Resolutions In Recognition - National Merit/Achievement
Scholarship Studeuts
DANIEL BURNETTE Kempsville High School
ROBERT DILLMAN Kempsville High School
CAROLYN FRANCE Kempsville High School
STEPHEN GALLAGHER - First Colonial High School
CORIE GOCHICOA - Kellam High School
KEITH GRIFFLER - Green Run High School
MICRAEL HANNA - Green Run High School
KERRI DION HARPER - Princess Anne High School
LIONEL HARRIS - Bayside High School
MARK HARRIS - Cox High School
MICHAEL KARESH - First Colonial High School
LESLIE LOWE - Cox High School
ANNE LAURA McCLANAN First Colonial High School
ELIZABETH MATTESON Green Run High School
GREGG MAURER - Bayside High School
WILLIAM MURRAY - Kempsville High School
ERIC OLSSON - Princess Anne High School
ANDREW STAHLER - Princess Anne High School
KEVIN TUTTLE - Bayside High School
2. Resolution of the City of Virginia Beach opposing a proposal
to extend the Virginia tort claims act to localities by
amending Sections 8.01-195.2 through 8.01-195.8 of the Code
of Virginia.
3. Resolution authorizing the enlargement of the nonconforming
use and structure located at 313 15th street (property of
Gaston F. Dough, et ux).
4. Ordinance authorizing the City Manager to execute an
agreement concerning Urban Preservation and infill
ComitmerLts -
5. Ordinance authorizing the acquisitiion of property in fee
simple for rights of way for route 44-Baxter Road Flyover,
C.I.P. No. 2-029; and, the acquisitiou of temporary and
permanent easements of rights of way either by agreement or
by condemnation.
6. Ordinance authorizing the City Manager to execute deeds of
var-ation and quitelain releasing 30 feet of a 50-foot
drainage easeneut on property of Richard H. Ray and Cynthia
B. Ray and J & J Properties.
7. Ordinance to repeal Section 21-376 of the Code of the City
of Virginia Beach, Virginia, pertaining to abandoned,
wrecked, junked, etc., vehicles;
AND,
Ordinance to amend and reordain Section 21-377 to the Code
of the City of Virginia Beach, Virginia, pertaining to open
storage of inoperative vehicles on residential property;
AND,
Ordinance to amend and reordain Section 21-378 of the Code
of the City of Virginia Beach, Virginia, pertaining to
removal, Btorage and sale of unattended vehicles.
8. Ordinance to amend and reordain Section 2-105 of the Code of
the City of Virginia Beach, Virginia, pertaining to
reemploym-at.
9. Ordinance upon SECOND READING to accept and appropriate a
$1,200 grant from the Virginia Division of Motor Vehicles
for funding a safety belt awareness program.
10. Ordinance to transfer $21,500 within the Automotive Services
Budget for the purchase of undergrourld fuel taww and
dispensers.
11. Ordinance to transfer $311,541 of Capital Project funds to
project #2-911 Kempoville Road-Phase II to provide for the
increase in the City's share of costs.
12. Ordinance for the appointment of vievers Mr. Robert J.
Scott, Mr. David M. Grochmal, and Mr. C. Oral Lambert, Jr.)
for the closure of a portion of South Kentucky Avenue
(Kempaville Borough) in the petition of DeFord, LTD.
13. Low Bid of Shenandoah Medical Supply, Inc., in the amount of
$45,541.95 for Human Resources Building Renovation - Medical
Furnishing and Equipment;
14. Raffle Permit:
Virginia Beach General Hospital Auxiliary
15. Ordinance authorizing license refunds in the amount of
$8,463.67.
N. APPOINTMENTS
1. Community Corrections Resource Board
2. Devel-opment Authority
3. Public Library Board
0. UNFINISEED BUSINESS
Modifications to Development Plan: Properties of Grayson
Whitehurst, Jr. and Dr. Levi Old.
P. NEW BUSINESS
1. Request to reconsider a temporary encroachment into a
portion of the right-of-way known as an unnamed 15 foot
alley at Croatau Beach to Albert Jensen, his heirs, assigns
and successors in title.
Q. RECESS FOR EVALUATION OF/COUNCIL APPOINTEES
R. ADJOURNMENT
1. Motion to adjourn.
7
Item II-H.1
MINUTES ITEM # 24105
Upon motion by Vice Mayor McClanan, seconded by Councilwoman
Henley, City Council APPROVED the Minutes of August 19,
1985, with the following corrections:
ITEM # 24066 - Page 15 - ORDINANCE UPON
APPLICATION OF OIL EQUIPMENT PROPERTIES
FOR A CONDITIONAL USE PERMIT FOR A
SELF-SERVICE CAR WASH R0885767
Condition No. I should be corrected as
per the following:
1. A privacy fence with plant
screening along the western
and southern property lines
sufficiently high and dense
enough to shield the
adjacent property owner
from both sound and view.
ITEM # 24069 - Page 18 - ORDINANCE UPON
APPLICATION OF RHW, INC. T/A BOB
WEAVER'S AUTO SALES FOR A CONDITIONAL
USE PERMIT FOR AUTOMOTIVE REPAIRS
R0885770
Condition No. 4 should be CORRECTED as
per the following:
4. No outside storage of
vehicles, parts or repairs
or continuous repair
vehicles shall be allowed
except within the enclosed
area delineated in the plat
to be made a part of the
record.
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
August 26, 1985
M I N U T E 8
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
JOINT CITY COUNCIL AND VIRGINIA BEACH SCHOOL BOARD
11:00 A.M.
August 19, 1985
The JOINT CITY COUNCIL AND VIRGINIA BEACH SCHOOL BOARD MEETING was called to
order by Mayor Harold Heischober iii the Coiifereilce Room on August 19, 1985,
at 11:00 A.M.
The Mayor iiitroduced the Chairmaii of the Virgillia Beach School Board, Roy A.
Woods, Ph.D., who presented the School Board's coiiceriis; atid City Maiiager
Muehleiibeck who discussed the City's Budget cotistraiiits for the FY 1985-86.
Dr. Woods spoke to the Schools's perpetual problems iii Vigillia Beach aild
thaiiked City Couiicil for its support and genrous application to the School
tieeds. The Average Cost per studeiit iii the 1984-85 School Year is about
$660 below the average of the State. By multiplyiiig this iiumber by the
average daily atteiidaiice and this will equal the amount of money iiecessary
for the School Board to equate to the State average. This would be approxi-
mately 38 112 Millioii.
With the assistailce of the City Couticil, 31 iiew schools aiid additioiis to 31 schools
have takeii place over a period of approximately 19 years. Olle out of every 5
people is a School Pupil. There are 44 elemeiitary, and 17 secoiidary schools in
existaiice at the preseiit time, as well as VoTech, the Center for Adult Leariiillg
aiid the School for the Gifted atid the Talented. 33,566 E'-emeiitary Studeiits aiid
25,973 Secoiidary Studeiits for a total of 59,579 are expected to be registered.
This figure represents an increase of 1500 over last year and approximate"y
3500 over the past two years. 112 Portables are to be utilized ii the Eleme,@itary
Schools at the preseiit time and 52 Portables in the Secondary. Housiilg for the
Haiidicapped was a high priority on the REFERENDTJM and is the NUMBER ONE iieed
today.
Dr. Woods introduced Dr. Thomas J. Curraii, Director, Center for Ef-@ective Leariii.lig
(CEL) who preseiited a video tape, refereiiced the booklet preseiited, "Special Ed-
ucatioii Services" aiid shared with City Coijncil needs for Capital improvemeiits.
The booklet, "Special Educatioii Services", will be made a part of the record.
The following were in attendance:
CITY COUNCIL SCHOOL BOARD STAFF
John A. Baum Robert H. Callis Thomas H. Muehleilbeck
Naticy A. Creech Burtoii G. Campbell Ruth Hodges Smith
Robert E. Fentress Robert W. Clyburil Dr. E. E. Brickell
Mayor Harold Heischober Johii Fahey Carltoil Boyer
Barbara M. Heiiley Susaii B. Flanagati Joe Lowenthal
H. Jack Jeniiiiigs, Jr. James N. Fletcher Deail Block
Louis R. Jones Norris W. Shirley
Robert C. Jones Laura M. Tebault
Vice Mayor Reba S. McClanan Dr. Roy A. Woods
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberndorf
August 19, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
August 19, 1985
12:25 P.M.
The PRESENTATION on ROADS AND FUNDING SOURCES by the SOUTHEASTERN VIRGINIA
PLANNING DISTRICT COMMISSION was called to order by Mayor Harold Heischober
iii the Coiifereiice Room on August 19, 1985 at 12@25 P.M.
The Mayor asked the City Manager to present the SVPDC representatives.
City Manager Muehlenbeck introduced Art Collins, Executive Director, SOUTH-
EASTERN VIRGINIA PLANNING DISTRLCT COMMISSION, who presented the SVPDC
6-year improvement Program for Soijtheastern Virginia -- the same program to
be presented each of the seven member cities in SVPDC. He summarized the
City of Virgiiiia Beach's allocation of $35,716,000 for the 6-year program
vs $213 MILLION need thru 1991.
Mr. Colliiis iiitroduced Dwight L. Farmer, Director of Transportatioii Services,
who discussed the shortfall, statewide program and allocation of several
proposed gasoline tax alternatives.
A copy of this report is hereby made a part of the record.
CITY COUNCIL Johii A. Baum
Nancy A. Creech
Robert E. Feyitress
Mayor Harold Heischober
Barbara M. Henley
H. Jack Jennings, Jr.
Louis R. Jones
Robert G. Jones
Vice Mayor Reba S. McClanaii
J. Henry McCoy, Jr., D.D.S.
Meyera E. Oberiidorf
STAFF Thomas H. Muehlenbeck, City Manager
J. Dale Bimsoii, City Attoriley
Hector A. Rivera, Assistant City Manager for
Human Services
Ruth Hodges Smith, CMC, City Clerk
Jerald Banagan, Real Estate Assessor
Robert Matthias, Intergovernmental
Relatioiis Coordinator
Robert J. Scott, Director of Planililig
C. Oral Lambert, Jr., Director of Public
Works
Bill Cashman, Planner
Pamela Lingle, Director of Public Iiiformatioii
SVPDC Art Collins, Executive Director
Dwight L. Farmer, Director of Transportatioil
Services
August 19, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 19, 1985
The Regular Meetiiig of the Couiicil of the City of Virgiiiia Beach, Virgi.iiia,
was called to order by Mayor Harold Heischober iii the Coiifereiice Room, City
Hall Buildii@g, oLi Moiiday, August 19, 1985, at 1:00 i. the afteriiooii.
Couiicil Members Preseiit:
Johii A. Baum, Naiicy A. Creech, Robert E. Fetitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jellikiiigb, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClatiaii, J. Heiiry
McCoy, Jr., D.D.S., aiid Meyera E. Oberiidorf
Couiicil Members Abseitt:
Noiie
August 19, 1985
- 2 -
ITEM # 24052
Mayor Heischober entertained a motion to permit Council to coliduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virgiiiia, as amended, for
the foliowing purposes, to be followed by the REGULAR IIEETING-
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, discipliniiig 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 owliership
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 matters
withiii the jurisdiction of the public body.
Upon motioii by Couiicilwoman Creech, seconded by Councilmall Baum, City Council
voted to proceed into the EXECUTIVE SESSION.
Voting: 11-0
Couticil Members Votiilg Aye:
John A. Baum, Naiicy 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
Couricil Members Voting Nay:
None
Couiicil Members Abseiit:
None
August 19, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNGIL
August 19, 1985
2:00 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, August
19, 1985, at 2:00 in the afternoon.
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 C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Qberndorf
Couiicil Members Absent:
None
INVOCATION: Reverend Michael Johnson
Grace Brethren Church
PLEDGE OF ALLEGIANCE 10 THE FLAG OF THE UNITED STATES OF AMERLCA
August 19, 1985
- 4 -
CITY MMAGER'S ADMINISTRATIVE ITF14S
Item II-D.1
CONSENT AGENDA
CITY CODE AMENDMENTS/
VEHICLES ITEM # 24053
The City Manager referenced an Ordinance to repeal Section 21-376 of the Code
of the City of Virginia Beach, Virginia, pertaining to ABANDONED WRECKED,
JUNKED, ETC., VEHICLES; AND, Ordinance to amend and reordain Section 21-377
to the Code of the City of Virignia Beach, Virginia, pertainirig to OPEN
STOPAGE OF INOPERATIVE VEHICLES ON RESIDENTIAL PROPERTY; AND, Ordinance
to amend and reordain Section 21-378 fo the Code of the City of Virginia Beach,
Virginia, pertaining to REMOVAL, STORAGE AND SALE OF UNATTENDED VEHICLES.
(See Item II-M.7 of the Conse,,t Agenda). The City Manager requested this
item be DEFERRED for two weeks to enable additional comments by the City
Staff.
Item II-D.2
CONSENT AGENDA
CITY CODE AMENDMENT/
REEMPLOYMENT ITEM # 24054
The City Manager advised an Ordinance to amend and reordain Sectio, 2-105 f
the Code of the City of Virginia Beach, Virginia, pertaining to REEMPLOYMENT,
had been replaced by a CORRECTED Ordinance to amend and reordain Section 2-106
of the Code of the City of Virginia Beach, Virginia, pertaiiiing to REINSTATEMENT.
(See Item II-M.8 of the Consent Agenda)
Item II-D.3
CONSENT AGENDA
VIEWERS/DeFORD, LTD. ITFM # 24055
The City Manager referenced an ordinance APPOINTING VIEWERS for the closure
of a portion of South Kentucky Avenue the petition of DEFORD, LTD.(See
Item II-M.12 of the Consent Agenda).
As this is one of the possible locations of the TRANSFER SITE, this will
be reviewed by the VIEWERS.
August 19, 1985
- 5 -
M&YOR/COUNCIL - DISCUSSION OF PERTINNET MATTERS
Item 11-E.1
ANNOUNCEMENT/ PUBLIC HEARING
TR&NSFER STATION 1TEM # 24056
The Mayor ANNOUNCED the "Electronic Media" erroneously reported City
Council would vote today, August 19, 1985, on a SITE for the VIRGINIA
BEACH TRANSFER STATION.
There will only be a PUBLIC HEARING on the PROPOSED SITE.
August 19, 1985
- 6 -
ITEM # 24057
PRESENTATION
Mayor Heischober pre,,e,,ted RESOLUTIONS IN RECOGNITION - NATIONAL
MERIT/ACHIEVEMENT SCHOLARSHIP STUDENTS:
DANIEL BURNETT KEMPSVILLE HIGH SCHOOL
ROBERT DILLMAN KEMPSVILLE HIGH SCHOOL
CAROLYN FRANCE KEMPSVILLE HIGH SCHOOL
STEPHEN GALLAGHER FIRST COLONIAL HIGH SCHOOL
CORIE GOCHICOA KELLAM HIGH SCHOOL
KEITH GRIFFLER GREEN RUN HIGH SCHOOL
MICHAEL RANNA GREEN RUN HIGH SCHOOL
KERRI DION HARPER PRINCESS ANNE HIGH SCHOOL
LIONEL HARRIS BAYSIDE HIGH SCHOOL
MARK HARRIS COX HIGH SCHOOL
MICAHEL KARESH FIRST COLONIAL HIGH SCHOOL
LESLIE LOWE COX HIGH SCHOOL
ANNE LAURA McCLANAN FIRST COLONIAL HIGH SCHOOL
ELIZABETH MATTESON GREEN RUN HIGH SCHOOL
GREGG MAURER BAYSIDE HIGH SCHOOL
WILLIAM MURRAY KEMPSVILLE HIGH SCHOOL
ERIC OLSSON PRINCESS ANNE HIGH SCHOOL
ANDREW STAHLER PRINCESS ANNE HIGH SCHOOL
KEVIN TUTTLE BAYSIDE HIGH SCHOOL
These RESOLUTIONS recognized the NATIONAL MERIT/NATIONAL ACHIEVEMENT SCHOLARSHIP
FINALISTS as outstaiiding citizens.
August 19, 1985
- 7 -
ITEM # 24058
PRESENTATION
Mayor Heischober presented a CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING -
FISCAL YEAR ENDING JUNE 30, 1984, t,, Gile., Dodd, Assistant CitY Manager for
Aduiiiiistration.
This was presented originally to the City of Virginia Beach by the GOVERNMENT
FINANCE OFFICES ASSOCIATION OF THE UNITED STATES AND CANADA to governmental
units whose comprehensive annual reports are judged to substantially conform
to program standards.
Mr. Dodd paid special RECOGNITION to Bob Hayes, City Comptroller, and Sam C,he,,,
Deputy Comptroller for their endeavor,.
August 19, 1985
8
Item II-G.1
MINUTES ITEM 24059
Upon motion by Councilwoman Creech, seconded by Concilman McCoy, City
Council APPROVED the Minutes of August 12, 1985.
Votiiig: 11-0
Couiicil 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 Abseiit:
None
August 19, 1985
- 9 -
PUBLIC HEARING ITFM # 24060
The Mayor DECLARED a PUBLIC HEARING concerning PROPOSED SITES - VIRGINIA BEACH
TRANSFER STATION:
BENDIX ROAD
GREENWICH ROAD
KENTUCKY AVENUE
MOUNT TRASM40RE
ROSEMONT ROAD
The following spoke in OPPOSTION to the GREENWICH ROAD site:
The Honorable Joseph Canada, represented the Mariott Corporation
Attorney Charles Salle', represented the Greenwich Center, and
Robertson and Whitmore.
Jack Barr, owner of business at Business Park Drive
Cabell Mercer, represented Crowder Contracting Company
Attorney R. J. Nutter, represented Landmark Communications and Reasor Enter-
prises, and presented petitions in opposition (Said petitions are hereby
made a part of the record.)
josh Darden, property owner on Greenwich Road
Alfred Dreyfu.s, President of ECPI
Steve Campbell, represented himself and Ernest Lendman
Tom Lyons, represented Holiday Inn Executive Center
The following spoke in OPPOSITION to the BENDIX ROAD site:
Attorney Don Clark, represented Bonney Road Hotel Associates
Attorney Robert Cromwell, represented DREDEVCO, Inc.
Tom Gillilaild, home owner.
The following spoke in OPPOSITION to the MOUNT TRASHRORE site:
Attorney CAirtis Catron, represented the Larkspur Professional Center
Attorney Glenn Croshaw, represented Windsor Holland Properties.
Rae H. LeSesne, a resident of Kempsville, advised Council to weigh the
establisbment of a Transfer Station against revenue accrued from
development of property on proposed Transfer Site.
There being no further speakers, the Mayor DELCARED the PUBLIC REARING
CLOSED.
August 19, 1985
- 10 -
Item II-1. I
ITEM # 24061
PLANNING - REQUEST FOR A WAIVER
The following represented the applicant;
Attorney Elwood C. Isley
Jeff Greene, Waterway Surveys
James C. Nocito, Contract Purchaser
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council will CONSIDER a REQUEST FOR A WAIVER of a CONDIIION oil August
9, 1985, in the application of MRS. C. J. GULBRANSON AND MRS. NANCY
VEST for a Ghange of Zoiiing District Classification from R-5 to 0-1
on a 4.41-acre parcel located alotig the north side of Providence Road,
east of Irldian River Road (Kempsville Borough). This Ordinance had beeil
ADOPTED by City Council on March 21, 1983.
As the applicant is requesting an additional curb cut at the end of the
0-1 parcel, the condition to be WAIVED is as follows;
A limit of one entrance on Provideiice Road
alligned with the existing median cut oti
Providence Road.
Voting: 10-0
Council Members Voting Aye:
John A. Balim, Robert E. Fentress, Mayor Harold Hei5chober,
Barbara M. Henley, H. Jack Jerinings, 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:
Naiicy A. Creech
*Verbal Aye
August 19, 1985
Item 11-J.
PLANNING - BY CONSENT ITEM 24062
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Couiicil APPROVED in ONE MOTION Items II-J.1 and II-J.2 of the PLANNING -
BY CONSENT AGENDA. Item II-J. 3 was voted upoti separately.
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.
Joiies, Robert G. Joiles, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couiicil Members Votiiig Nay:
None
Council Members Absent:
Noiie
August 19, 1985
- 12 -
Item II-J.1
PLANNING - BY CONSENT ITEM # 24063
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council APPROVED BY CONSENT AN EXTENSION FOR COMPLIANCE of sixty (60)
days ijpon an Ordinance closing, vacating and discontinuing a portion of
Lee Street (Old Virginia Beach Road and Old Country Road) in the petition
of THE RUNNYMEDE CORPORATION.
Application of The Runnymede Corporation for the dis-
continuance, closure and abandonment of Lee Street (Old
Virginia Beach Road and Old Country Road) on certain
property located oii the north side of 21st Stret be-
ginning at a point 120 feet more or less west of Cypress
Avenue, running a distance of 31.53 feet along the north
side of 21st Street, ruiiiiiiig a distance of 206.03 feet in
a northwesterly direction, running a distance of 210 feet
more or less in a southwesterly directioii, running a distance
of 50 feet more or less in a northwesterly direction, running
a distance of 340 feet more or less in a northeasterly di-
rection, running a distance of 67 feet in an easterly di-
rection, running a distance of 193 feet in a southwesterly
direction and runniiig a distance of 237 feet in a south-
easterly direction. Said parcel contains 22,855.9 square
feet. VIRGINIA BEACH BOROUGH.
Condition of Approval extended for Compliance:
Purchase of the vacated property shall be at
Fair Market Value.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. HQnley, H. Jack Jenilings, 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 August 19, 1985
- 13 -
Item II-J.2
PLANNING - BY CONSENT ITEM # 24064
Tuck Bowie, Talbot aiid Associates, represented the applicant
Upoii motioii by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council APPROVED BY CONSENT an Ordinance upon application of PERCY A. BRILL
for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF PERCY A. BRILL FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-8 to B-2
Z08851006
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Percy A. Brill for a Change
of Zoning District Classification from R-8 Residential
District to B-2 Community-Business District on certain
property located On the east side of Rosemo,t Rad, 400
feet more or less south of Holland Road. Said parcel
contains 23,435 square feet. Plats with mor, detailed
iiiformation are available in the Department of Planning.
PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be met:
Resubdivision of the property to incorporate the area
proposed for rezoning into the adjacent B-2 parcel.
The LEGAL REPRESENTATIVE for the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STAT @ NT 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
Nineteenth day of August, Nineteen Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Pentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: August 19, 1985
None
STATFMNT OF CONSENT
APPLICANT: Percy A. Brill
APPLICATION: Change of Zoning
DESCRIPTION: From R-8 Residential District to B-2
Community-Business District on a
23,435-square foot parcel located on the
east side of Rosemont Road, south of
Holland Road (Princess Anne Borough).
CITY COUNCIL SESSION: 19 August 1985
THE UNDERSIGNED OWNER OR LEGAL REPRRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMt4ENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE RFFERENCED 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 incorporate the area
proposed for rezoning into the adjacent B-2 parcel.
Owner
By:
@'e /=tt@rney/Agent
Date: SIRIF@
- 14 -
Item II-J.3
PLANNING - BY CONSENT ITEM # 24065
Upon motion by Vice Mayor McClanan, secotided by Cuncilman Fentress, City
Council DEFERRED for one week until the City Council Meeting of August 26,
1985, an Ordinance uppon application of JOHNSON, INC., t/a HENRY JOHNSON
TIRE CENIER for a Conditional Use Permit. The Ordinance was DEFERRED as
neither the applicants nor their representatives were in attendance,
and in order that certain concerns expressed by the Vice Mayor might be
addressed.
Vice Mayor McClanan advised the applicant was storing the used tires outside
the station, and she wished an explanation coiicerning the details of the
repair business. A time limitation should be placed on this permit.
ORDINANCE UPON APPLICATION OF JOHNSON INC., T/A HENRY
JOHNSON TIRE FOR A CONDITIONAL USE PERMIT FOR SALE
AND INSTALLATION OF TIRES
Ordillance upon application of Johiison Iilc., T/A Henry
johnson Tire Center for a Conditional Use Permit for
sale and installation of tires and auto repairs on
certain property located on the south side of Lynnhavell
Parkway, 1800 feet more or less east of Hollatid Road.
Said parcel is located at 1092 South Lynnhaven Parkway
aiid coiitains 29,288.68 square feet. PRINCESS ANNE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Johii 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
Couticil Members Voting Nay:
None
Council Members Absent;
None
August 19, 1985
- 15 -
Item II-K.1
PLANNING ITEM # 24066
Attorney Robert Cromwell represented the application
Upon motion by Vice Mayor McClailan, seconuded by Councilman McCoy, City
Couiicil ADOPTED an Ordinaiice upon application of OIL EQUIPMENT PROPERTIES
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF OIL EQUIPMENT PROPERTIES FOR
A CONDITIONAL USE PERMIT FOR A SELF-SERVICE CAR WASH
R0885767A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oil Equipmeixt Properties for
a Cotiditional Use Permit for a self-service car wash on
certain property located on the west side of Oceana Boule-
vard, 238.97 feet south of Harper's Road. Said parcel con-
taiiis 33,236 square feet. Plats with more detailed iilfor-
mation are available in the Department of Planiling. PRINCESS
ANNE BOROUGH.
The followiiig coiiditions shall be required:
1. A privacy fence with plant screeniiig along the western
and southerii property lines.
2. Dedication of right-of-way aloiig Oceana Boulevard to
provide for an ultimate 94-foot right-of-way in accor-
dance with the Master Street and Highway Plan and City
Bikeway Playi.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth day of August, Nineteen Hundred and Eighty-five.
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentre5s, 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:
NoTie
August 19, 1985
- 16 -
Item II-K.2
ITEM # 24067
PLANNING
Tom Laureiideau, Business Administrator for ROCK CHURCH, represented the
applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of the TRUSTEES OF ROCK CHURCH,
a Religious Congregation, for a Conditional Use Pemit as per the following:
ORDINANCE UPON APPLICATION OF TRUSTEES OF ROCK CHURCH,
A RELIGIOUS CONGREGATION, FOR A CONDITIONAL USE PERMIT
FOR A ROCK CHURCH ACADEMY R0885768A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Orditiance upon application of Trustees of Rock Church, a
Religious Congregation, for a Conditional Use Permit for
a Rock Church Academy on certain property located at the
northeast corner of Kempsville Road and Manor Drive. Said
parcel is located at 620 Kempsville Road and contains 7.716
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
Nineteenth day of Au&ust, 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., 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:
Robert C. Jones
August 19, 1985
1 7
Item II-K.3
PLANNING ITEM # 24068
Tom Laurendeau, Business Admiiiistrator for ROCK CHURCH, represented the
applicant
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon applicalion of ROCK MINISTRIES, INC.
for a Conditioiial Use Permit as per the fol.lowing:
ORDINANCE UPON APPLICATION OF ROCK MINISTRIES, INC.
FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACI-
LIITIES OF AN OUTDOOR NATURE R0885769
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinatice upon application of Rock Ministries, Inc., for
a Coiiditional Use Permit for recreational facilities of
an outdoor nature (tent site) oia certain property 10-
cated on the south side of Indian River Road, 4600 feet
west of West Neck Road. Said parcel is located at 2865
Iiidian River Road and contains 802 acres. Plats with more
detailed information are available in the Departmeitt of
Platining. PRINCESS ANNE BOROUGH
The followiiig coiiditions shall be required:
1. Approval is for a period of one (1) year.
2. Dedication of right-of-way along Indian River Road to
provide for an ultimate 90-foot right-of-way in accor-
dance with the Master Street and Highway Plan.
3. A 20-foot drainage easement for each of the three ditches
crossing this parcel.
This Ordiiiance shall be effective upoii the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, oil the
Nineteenth day of August, Nineteen Hundred aild Eighty-five.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniligs, Louis R.
Jones, J. Henry McCoy, Jr., D.D.S., and @leyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Reba S. McClatiarl
Augiist 19, 1985
Council Members Abseiit:
Robert G. Jones
- 18 -
Item II-K.4.
PLANNING ITEM # 24069
Attorney Robert Cromwell represetited the applicant
Bob Weaver, the applicant, respoyided to Council's inquiries
John Miller, represented the Oak Springs Subdivision, and presented a
petitioii in OPPOSITION (said petition is hereby made apart of the record).
Upoii motion by Vice 14ayor McClanan, secoiided by Councilwoman Creech, City
Council ADOPTED an Ordinance upon applicatioil of RHW, INC., t/a BOB WEAVER'S
AUTO SALES, for a Conditiotial Use Permit as per the following:
ORDINANCE UPON APPLICATION OF RHW, INC. T/A BOB WEAVER'S
AUTO SALES FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE
REPAIRS R0885770
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of RHW, Inc., T/A Bob Weaver's
Auto Sales for a Conditional Use Permit for automoti.ve
repairs and service on certain property located at tne
southwest corner of Holland Road and Stoneshore Road. Said
parcel is located at 3427 Holland Road and contaiiis 39,944.5
square feet. Plats with more detailed informatioll are a-
vailable in the Department of Planning. PRINCESS ANNE
BOROUGH.
The following conditions shall be required:
1. Approval shall be for a period of five (5) years.
2. A privacy fence and appropriate tall vegetation along
the rear lot line and on Stoneshore Road.
3. The entrance on Stoneshore Road shall be closed.
4. No outside storage of vehicles, parts or repairs or
coiitinuous repair vehicles shall be allowed excert
withiii the area delineated in the plat to be made
a part of the record.
This ordinaiice shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Niiieteeiith day of August, Nitieteen Hundred and Eighty-five.
Voting: 10-1
Council Members Votitig Aye:
John A. Baum, Naiicy 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. McClaTian, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
Noiie
August 19, 1985
ZONED 8-2
N- . F.-.,Iy
CONTINENTAL TELEPHONE WMPANY, INC.
w PIN
@7;
PAYS
OD
0
r
35'
POSED SALES AND
0 OFFICE
-2 S'
N 58-02, 17'E 16 3. 96@
TES: LPROPOSET) p,.
ENTRA.CE
MERIDIAN SOURCE IS BASED ON STONESHORE FVARIABLE Wti)TH R/W) ROAD
OSE..BEARINGS SWWN ON PLAT ENTI-
ED 'EXHI BIT SHOWING PROPERTY TO
CONVEYED TO P. A. BRILL .. MWROED PRELIMINARY SITE PLAN
DEED BOOK 2131ATFASE470. OF
PROPERTY IS ZONED 0-2. REMAINING PORTION OF PROPERTY SHOWN ON
AREA OF SITE-33,7% S,Ft. PLAT OF PROPERTY TO BE CONVEYED TO
PHILLIPS PETROLEUM COMPANY
BY HOLLAND ROSE COMPANY,.
PRINCESS ANNE BOROUGH-VIRGINIA BEACH, VIRGINIA
FOR
R. H.W., INC.
SCALE : l"z2O' FEARUARY 20, 1985
ROUSE - SIRINE ASSOCIATES, LTD.
Vlftr.IMA Of:AC#i, V4RCANIA
Aug ust 19, 1985
- 19 -
Item II-K.5
PLANNING ITEM # 24070
Attorney Robert Cromwell repre5ented the applicalit
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Couiicil DEFERRED for sixty (60) days until the City Council Meeting of
October 21, 1985, pendiiig the conclusion of the AICUZ STUDY, an Ordinance
upon applicatioti of CARMINE PISAPI for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF CARMINE PISAPIA FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2
Ordinance upon application of Carmine Pisapia for a Change
of Zoning District Classificatioii from R-8 Residential
District to B-2 Community-Busiiiess oti certain property
located on the west side of Holland Road, 500 feet more
or less south of Shipps's Corner Road. Said parcel con-
tains 2.987 acres. Plats with more detailed information
are available in the Departmeiit of Planning. PRINCESS
ANNE BOROUGH.
Votilig: 11-0
Council Members Votiiig Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, R. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heliry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Noiie
The applications of CARMINE PISAPIA AND ESG ENTERPRISES were voted upon together.
August 19, 1985
- 20 -
Item II-K.6
PLANNING ITEM # 24071
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council DEFERRED for sixty (60) days until the City Council Meeting of
October 21, 1985, pending the conclusion of the AICUZ STUDY, an Ordinance
upon application of ESG ENTERPRISES for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF ESG ENTERPRISES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO B-2
Ordinance upon application of ESG Enterprises, Inc.,
for a Change of Zonine, District Classification from
R-8 Residential District to B-2 Community-Business
District on certain property located on the west side
of Holland Road, 1210 feet north of North Landstown
Road. Said parcel contains 1.782 acres. Plats with
more detailed information are available in the De-
partment 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
The applications of CARMINE PISAPLA AND ESG ENTERPRISES were voted upon together.
August 19, 1985
- 21 -
Item II-K.7
PLANNING ITEM # 24072
Russell Vann Allan, the applicant, represented himself
A MOTION was made by Councilman Jennings to APPROVE an application of
RUSSELL VANN ALLEN for a Variance to Section 4.4 (b) of the Subdivision
Ordinance. This MOTION failed for lack of a SECOND.
Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City
Council DENIED the application of RUSSELL VANN ALLEN 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 Ordi-
nance, Subdivisioil for Russell Vann Allen. Property
is located at 2124 Wolfsnare Road. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting: 9-1
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:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
August 19, 1985
- 22 -
Item II-K.8
PLANNING IIEM # 24073
Russell L. Reid, the applicant, represented himseif
A MOTION was made by Councilman Jennings to APPROVE an application of
RUSSELL L. REID for a Variance to Section 4.4 (b) of the Subdivisioll Ordinance.
This MOTION failed for lack of a SECOND.
Upon motion by Councilman Baum, seconded by Concilman Robert Jones, City
Council DENIED the application of RUSSELL L. REID for a Variance to
Section 4.4(b) of the Subdivison Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Russell L. Reid. Property
is located at 2156 Wolfsnare Road. Plats with more
detailed information are available in the Department
of Planning. LYNNHAVEN BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Votiiig Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
August 19, 1985
- 23 -
Item II-L.1/2/3/
RESOLUTIONS/ORDINANCES ITEM # 24074
The City Manager and C. Oral Lambert, Jr., Director of Public Works, responded
to City Council inquiries concerning the Ordiiiaiices and Resolution related to
TWICE-WEEKLY REFUSE COLLECTION.
Iiiformatioii distributed relative to the TWICE-WEEKLY REFUSE COLLECTION - SUMMER
ONLY COSTS FOR 1986 - 1987 as well as expenditures concerning the PROPOSED CITY
GARAGE ANNEX are hereby made a part of the proceediiigs.
A MOTION was made by Councilman McCoy, seconded by Councilmaii Louis Jones, to
ADOPT aii Ordiiiance (AS AMENDED) to amend and reordain Section 32-17 of the
City Code pertaiiiing to frequency of COLLECTION OF SOLID WASTE.
Councilman McCoy wished Paragraph Five, item (1) of aforementioned Ordinance
AMENDED as follows:
(1) Two (2) times each week between July 1, and
Labor Day in 1986 and Memorial Day to Labor Day
Thereafter.
Voting; 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert E. Fentress, H. Jack Jennings, Jr.,
Louis R. Jones, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Robert G. Jories, aiid Vice Mayor
Reba S. McClanan
Coviicil Members Absent;
None
August 19, 1985
- 24 -
Item 11-L.1/2/3/
RESOLUTIONS/ORD@INANCES ITEM # 24074 (Coiltinued)
Uon motion by Councilman Baum, seconded by Counciiman Robert Jones, City
Couiicil DENIED the following:
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO INITIATE THE STEPS NECESSARY FOR TWICE-WEEKLY REFUSE
COLLECTION DURING THE SUMMER MONTHS ONLY, EFFECTIVE
JULY 1, 1986.
ORDINANCE TO TRANSFER $50,000 TO PROJECT #3-963 BENDIX
ROAD REFUSE FACILITY-RENOVATION TO ALLOW FOR DESIGN
OF THE PROJECT.
ORDINANCE TO AMEND AND REORDAIN SECTION 31-27 OF THE
CODE OF THE CITY OF VIRGINTA BEACH, VLRGINIA, PERTAINING
TO FREQUENCY OF COLLECTION OF SOLID WASTE.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, Robert G. Jones, and Vice Mayor
Reba S. McClaiian
Council Members Votilig Nay:
Robert E. Feittressf H. Jack Jentiings, Jr.,
Louis R. Jones, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
None
*Verbal Nay
August 19, 1985
- 24a -
CI'rY OF VIRGINIA BEACii
RESPONSES FOR CITY COUNCIL
PHASE-IN OF AUT014ATION, TWICE WEEKLY REFUSE COLLECTION
SUMMER ONLY
COSTS FOR 1986-87
TOTAL COSTS $9,655,529
WORKFORCE:
SUMt4ER(ASSUMING 54 TEMPORARY) 196
WINTER 142
TRUCKS:
SUMMER (REGULAR/AUTOMATED) 44/48
WINTER (REGULAR/AUTOMATED) 29/31
ROUTES:
SUMMER (REGULAR/AUTOMATED) 34/27
WINTER (REGULAR/AUTOMATED) 22/24
NOTES:
1- THE COSTS SHOWN REPRESENT TWICE WEEKLY FOR A 12-WFEK PERIOD.
2- IF SUMMER SERVICE WERE TO BEGIN ON JUNE 1, 1986, ADDITIONAL
COSTS ARE ESTIMATED NOT TO EXCEED $50,000 TO BE BUDGETED FOR THE
CURRENT FISCAL YEAR, 1985-86. THE ADDITIONAL COST IS St4ALL BECAUSE
THERE ARE ONLY A FEW ADDITIONAL PERSONNEL NEEDED AND THE VEHICLE COST
TS AN ANNUAL COST REGARDLESS OF THE NUMBER OF MONTHS OF USE.
3-INITIATING TWICE-WEEKLY SERVICE PRIOR TO JULY 1, 1986, WOLJLD
CREATE OPERATIONAL DIFFICULTIES. THE CONSTRUCTION OF THE GARAGE AS
WELL AS THE ORDERING OF THE NECESSARY TRUCKS AND CONTAINERS WILL
TAKE TIME, MAKING EVEN THE JULY 1 DATE DIFFICULT TO MEET.
PROPOSED CITY GARAGE ANNEX
Six bay facility 90' x 95' includes:
-Design
-Lift hoists
-Overhead crane
-Office
-Parts storage
-Greasing area
-Demolition of existing structure
TOTAL COST $650,000
- Parking area 75,000
$725,000
DENIED DENIED
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INITIATE THE STEPS
NECESSARY FOR TWICE-WEEKLY REFUSE
COLLECTION DURING THE SUMMER MONTHS
ONLY, EFFECTIVE JULY 1, 1986.
WHEREAS, the Counc II of the Clty of V irg Inla Beach
deems It des i rab I e that a II res i dentla l househol ds receive
tw I ce-week I y re f u se col I ect i on dur I ng the months of J u ne,
July, and August; and
WHEREAS, the City Manager must beg in the necessary
prep aration to prov Ide such serv Ice beg I nn Ing Ju I y I , 1986;
and
WHEREAS, the Cou nc II of the Cl ty of V irg Inla Beach
Is of the op In Ion that It is in the best Interests of the
citizens of the City of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA;
That the City Manager Is hereby authorized and
directed to take all steps necessary Including the acquisltion
of equipment and the hiring of necessary employees to provide
twice-weekly refuse collection during the summer months
only, effective July 1, 1 9 8 6, subject to the approval of
the necessary appropriation ordtnances whtch will be presented
to City Council on a subsequent date.
In addition, the City Manager shall provide for
funding of twice-weekly refuse collection for the summer
months only In the FY 1986-87 Operating Budget.
Adopted by the Council of the City of Virginia
Beach, Virginia on the day of August, 1985.
APPRC,IVED AS TO CONTENT
@G N'TT Li@ E
rEPAR.fMENT
AS
@T "
CIT, " ,RNEY
DENIED DENIED
AN ORDINANCE TO TRANSFER $50,000 TO PROJECT
#3-963 BENDIX ROAD REFUSE FACILTTY-RENOVATION
TO ALLOW FOR DESIGN OF THE PROJECT
WHEREAS Council has expressed the desire to provide twice-weekly
refuse collection for residential households during the summer months, and
WHEREAS, the collection service will result in the need to renovate
facilities at the city garage annex on Bendix Road to accomodate the increased
workload, and
WHEREAS, in order to implement the twice-weekly service effective
July 1, 1986, it will be necessary to begin design of the facilities as soon as
possible, and
WHEREAS the $50,000 needed for design may be transferred from project
#3-938 Health Department Renovation since this project is expected to have
excess appropriations.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that project #3-963 Bendix Road Refuse Facility-Renovation is hereby
established as a capital project and that funds of $50,000 are hereby trans-
ferred from project #3-938 to allow for the design of project #3-963.
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 1985.
APPROVED AS TO CONTENT
D
DENIED
CAC/I ORD9C
DENIED DENIED
Requested by Councilman J. Henry McCoy, Jr.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 31-27 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING TO
FREQUENCY OF COLLECTION OF SOLID WASTE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 31-27 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained as follows:
Section 31-27. Frequency of collection.
(a)
Except as otherwise provided and except in the
case of emergencies arising from an Act of God or under
circumstances over which the department or director of public
works has no control, the department of public works shall
collect, remove and dispose of garbage and household trash
accumulated at residences as frequently as set forth below.
(1) Two (2) times each week between July 1, and
Labor Day.
(2) One (1) time each week at all other times of
the year.
Oversized household trash, bulky items such as refrigerators,
water heaters and washing machines shall be collected by the city
one time each week at the curbside; provided that, the service of
collecting these articles shall only be provided when a special
order is placed by telephoning the bureau of refuse collection in
advance.
(b) City refuse collection service to commercial
establishments shall be one time each week, except when otherwise
provided, and except
DENIED
in the case of emergencies arising from an Act of God or under
circumstances over which the department or director of public
works has no control.
This Ordinance shall be effective on and after the date
July 1, 1986.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1985.
JAR/re
5/16/85
(ORD.H)
DENIED
APPWVEi) AS TO
SIGNATURE
D"PARTME.NT
APPRf.)VE,D AS TO F(PM
C@-ly
-2-
- 25 -
Item II-L.4/5/
ORDINANCES ITEM # 24075
Erna Rice, President of the South Rudee Shores Civic League, spoke ill favor of
the proposed Ordiiiaiices to amend and reordain Section 6-3 and Section 6-6 of
the City Code pertaining to playing ball, using frisbees, etc., aiid taking
food or drilik on the beach or adjacent streets.
Upon motion by Councilman Jerinings, seconded by Councilman Fentress, City
Council ADOPTED the foll.owing Ordinances:
ORDINANCE TO AMEND AND REORDAIN SECT10N 6-3
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO PLAYING BALL, USING
FRISBEES, ETC., ON THE BEACH;
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 6-6
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINiA, PERTAINING TO TAKING FOOD OR DRINK
ON THE BEACH OR ADJACENT STREETS.
Voting: 11-0
Council Members Votilig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, 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 Abseilt:
None
August 19, 1985
-25a -
Requested by: Councilman H. Jack Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO PLAYING BALL, USING
FRISBEE, ETC. ON BEACH
BE IT ORDAINED BY THE COUNCI@ OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-3 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 6-3. Playing ball, using frisbee, etc., on beach.
(a) It shall be unlawful for any person to engage in
ball playing or the use of a frisbee or any activity of like kind
which may endanger the safety of others on the sand beach, the
boardwalk and the grassy area west of the boardwalk to the
property lines from Radee-iniet Camp Pendleton on the south to
42nd Street on the north from 10:00 a.m. to 6:00 p.m. from May
fifteenth to September thirtieth of each year. For the sand.
beach area between Camp Pendleton and Rudee Inlet, known as
Croatan Beach, this ordinance shall apply only on weekends and
holidays and shall not apply to the areas on Croatan Beach as
referenced in paragraph (b) below.
(b) The city manager or his designee is authorized to
designate areas within the sand beach of Croatan Beach where
activities such as playing ball, or using a frisbee or any
activity of like kind may be allowed. Such areas shall be
designated with appropriate markers.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 19 day of August 1985.
NEW/rab
8/8/85
(G)
APPROVED AS TO CONI EN I
SIGNATURE
DEPARTMENT
-25b -
Requested by: Councilman R. Jack Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO TAKING FOOD OR DRINK
ON BEACH OR ADJACENT STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-6 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 6-6. Taking food or drink on beach or adjacent streets.
It shall be unlawful for any person to take or carry or
have in his possession upon the sand beaches or upon any public
street or right-of-way adjacent to any of the sand beaches within
the Borough of Virginia Beach, or upon the beach at Little Island
Park--Sandbridge, or upon the beach at Croatan Beach, any glass,
bottle, can, cup, paper bag, paper box, wooden box, basket,
styrofoam container or container of any kind containing alcohol,
beverages, soft drinks, food, nourishment or refreshments of any
kind. For the sand beach area of Croatan Beach, this ordinance
shall apply only on weekends and holidays.
It shall be unlawful for any person to take or carry or
have in his possession upon the sand beaches or upon any public
street or right-of-way adjacent to any of the sand beaches on the
Chesapeake Bay, lying between Whaler Court on the east and Kleen
Street on the west, from 6:00 p.m. to 9:00 a.m. from May
fifteenth to September thirtieth of each year, any glass, bottle,
can, cup, paper bag, paper box, wooden box, basket, styrofoam
container or container of any kind containing alcohol, beverages,
soft drinks, food, nourishment or refreshments of any kind.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 19 day of August 1985. API'RDVED
NEW/rab
8/9/85
(G)
- 26 -
Item II-M
CONSENT AGENDA ITEM # 24076
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
APPROVED IN ONE MOTION Items 1 through 15 of the CONSENT AGENDA with the
exception of Items 5 and 7 which were voted ijpon separately.
Voting: 11-0
Council Members Voting Aye:
Johii 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., aiid Meyera E. Oberiidorf
Couiicil Members Voting Nay:
Noiie
Council Members Absent:
None
August 19, 1985
2 7
Item II-M.1
CONSENT AGENDA ITEM 24077
Upon motion by Councilwomaii Creech, seconded by Councilman Baum, City Council
ADOPTED RESOLUTIONS IN RECOGNITION NATIONAL MERIT/ACHIEVEMENT SCHOLARSHIP
STUDENTS:
DANIEL BURNETT KEMPSVILLE HIGH SCHOOL
ROBERT DILLMAN KEMPSVILLE HIGH SCHOOL
CAROLYN FRANCE KEMPSVILLE HIGH SCHOOL
STEPHEN GALLAGHER FIRST COLONIAL HIGH SCHOOL
CORIE GOCHICOA KELLAM HIGH SCHOOL
KEITH GRIFFLER GREEN RUN HIGH SCHOOL
MICHAEL HANNA GREEN RUN HIGH SCHOOL
KERRI DION HARPER PRINCESS ANNE HIGH SCHOOL
LIONEL HARRIS BAYSIDE HIGH SCHOOL
MARK HARRIS COX HIGH SCHOOL
MICAHEL KARESH FIRST COLONIAL HIGH SCHOOL
LESLIE LOWE COX HIGH SCHOOL
ANNE LAURA McCLANAN FIRST COLONIAL HIGH SCHOOL
ELIZABETH MATTESON GREEN RUN HIGH SCHOOL
GREGG MAURER BAYSIDE HIGH SCHOOL
WILLIAM MURRAY KEMPSVILLE HIGH SCHOOL
ERIC OLSSON PRINCESS ANNE HIGH SCHOOL
ANDREW STAHLER PRINCESS ANNE HIGH SCIIOOL
KEVIN TUTTLE BAYSIDE HIGH SCHOOL
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Naiicy 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. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Noiie
August 19, 1985
RESOLUTION IN RECOGNITION
STEPIIEN GALLAGHER
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mypterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHERF,AS: STEPHEN GALLAGHER, a Semi-finalist In the NATIONAL MERIT
SCHOLARSHIP at FIRST COLONIAL HIGH SCHOOL, with a Rank of 10, Grade Point
of 3.92763, SAT Score of 1320, mastered the Achievements with Math I 730,
Chemistry 720 and English 600. Stephen has participated in the Gifted
Program at Old Donation and the Apprenticeship Program at Langley Air Force
Research Center for FORTRAN. He is a graduate of the Presidential
Classroom, holds First Place in the ODU Computer Program Contest, was a
Delegate to Citizens Power, President of his Senior Class, Delegate to
the V@Irginia Beach Leadership Workshop, member of the SCA Executive Council
and a candidate for the Jefferson Scholar at the University of Virginia.
He will enter MIT (Massachusette Institute of Technology) this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
S T E P H E N G A L L A G H E R
and to congratulate Stephen who will in the next few days represent
Virginia Beach at MIT as an Ambassador of the City and one of our most
outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
ANNE LAURA McCLANAN
WHEREAS: Education is the basis upon wbich individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that wh 4ch one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: ANNE LAUPA McCLANAN, a Finalist in the NATIONAL MERIT
SCHOLARSHIPS at FIRST COLONIAL HIGH SCHOOL, with a Rank of 10, Grade Point
of 3.67682, SAT Score of 1320, mastered the Ach-'@evements of Math II 630,
American History 710, German 520, English 670 and Literature 660. Laura
was a member of the National Honor Society throughout high school and
served as President in her Senior year. She was Chairman of the Neptune
Festival Student Art Show and assisted in the Tutoring Program at First
Colonial. She attended the Governor's School for the Gifted and
participated in the Virginia Beach Gifted Program. She rece4@ved the
Princeton Club Award and the Jefferson Book Award. She has worked three to
five hours a week as a Volunteer-Assistant at the Spec-*-al Serv-'@ces Div-@@sion
and one hour a week as a Companion at a Retirement Home in Virginia Beach.
Laura will enter Columbia University in New York City to study Liberal
Arts this Fall.
NOW, THEREFORE, BE IT RESOLVED, That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstand-*.ng
scholastic record of
A N N E L A U R A M c C L A N A N
and to congratulate Laura who will in the next few days represent
Virginia Beach at Columbia University as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
MICHAEL KARESR
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to @@nsure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportun@'.ties, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: MICHAEL KARESH, FIRST COLONIAL HIGH SCHOOL, a Finalist in
the NATIONAL MERIT SCHOLARSHIP, with a Rank of 10, Grade Point of 3.90909
and SAT Score of 1440, mastered the Achievements with Math 1 760, American
History 770, Chemistry 760 and English 700. Michael was a member of the
Debate Team, Key Club, Community Services Committee and National Honor
Society. He also was Chairman of the SCA Public Relations Committee,
T)irector of the Ski Trip Committee and Referee for the Soccer Team, worked
on the school newspaper and ranked 3rd in the area on the ODU Math Analysis
and Pre-Calculus Level. He has been employed at Ingram Pharmacy and will
enroll at the University of Pennsylvania this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system w,*@th the reputation of its educational
ach4.evements which have contributed much to the quality of life we prize so
h4@ghly. In behalf of the citizens and our School System, the Virginia
Reach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
M I C H A E L K A R E S H
and to congratulate Michael who will in the next few days represent
V-@@rg@@@n,'@a Reach at the University of Pennsylvania as an Ambassador of the
City and one of our most outstand4.ng citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
- 27a -
I
RESOLUTION IN RECOGNITION
DANIEL BURNETTE
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to *@nsure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of liv@*@ng; and,
WHEREAS: DANIEL BURNETTE, KEMPSVILLE HIGH SCHOOL Finalist in the
NATIONAL MERIT SCHOLARSHIPS, with a Rank of 10, Grade Point of 3.916 and
SAT Scores totalling 1460 also scored Achievements in French 370, German
510, English 700 and Math 11 800. He was a member of the German Club and
participated in "Oliver", the school play. Daniel, granted Early
Admission, was a student at Virginia Wesleyan in his Senior Year.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
h-'.ghly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in 4@ts deliberations to recognize the outstanding
scholastic record of
D A N I E L B U R N E T T E
and to congratulate Daniel who will in the next few days represent
Virginia Beach at Virginia Wesleyan as an Ambassador of the City and one
of our most outstand4@ng citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
August 19, 1985
RESOLUTION IN RECOGNITION
ROBERT DILlitAN
WHEREAS: Education is the basis upon which individual,% shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunitieS, in the future with 'Its promises as well as the divine joy
of liv4@ng; and,
WHEREAS: ROBERT DILLMAN, KEMPSVILLE HIGH SCROOL Finalist in the
NATIONAL MERIT SCHOLARSHIPS, Ranked 10 with a Grade Point of 3.5 and SAT
Scores totalling 1510. His Achievement Scores were Math II 780, English
740, Chemistry 650. Robert is a member of the National Honor Society,
Science Club, Literary Magazine Staff, Spanish Honor Society and the Forum
Club. He will enter the University of Virginia this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
h-*@ghly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in itS deliberations to recognize the outstanding
scholastic record of
R 0 B E R T D I L L M A N
and to congratulate Robert who will in the next few days represent
V@*lrginia Beach at the University of Virginia as an Ambassador of the
City and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
CAROLYN FPANCE
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to @*@nsure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pup@'@l into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of liv4@ng; and,
WHEREAS: CAROLYN FRANCE, KEMPSVILLE HIGH SCHOOL Finalist in the
NATIONAL MERIT SCHOLARSHIPS, Rank 10, Grade Point 3.7381, SAT Scores of
1380, was a member of the National Honor Society, the Marching Band,
Concert Band, Key Club, French Club and Forum Club. Her Achievements were
Math 1 630, English Composition 730 and French 720. She was Chairman of
the Senior Prom and awarded the Jefferson Book Award. Carolyn will enroll
in the University of Virginia.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
h4@ghly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
C A R 0 L Y N F R A N C E
and to congratulate Carolyn who will in the next few days represent
Virginia Beach at the University of Virginia as an Ambassador of the City
and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN R.ECOGNITION
CORIE GOCHICOA
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: V,*,rginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: CORIE GOCHICOA, KFLLAM HIGH SCHOOL, is a Finalist in the
NATIONAL MERIT SCHOLARSHIPS. Her Rank at Kellam was 10 of 351 students,
Grade Point: 3.75 and SAT scores totalled 1360. Her Achievements scores
were Math 266, En@lish 670, Science 620 and French 600. Corie was a member
of the National Honor Society, THESPIAN Society and the Key Club. She
was Vice President of the French Club and the Math Committee. She will
enroll in Wellsley College in Massachusetts this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in 4.ts deliberations to recognize the outstanding
scholastic record of
C 0 R I E G 0 C H I C 0 A
and to congratulate Corie who will in the next few days represent
Virginia Beach at Wellsley College as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
KEITH GRIFFLER
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the th,@ngs one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of tbe City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: KEITH GRIFFLER, GREEN RUN HIGH SCHOOL Finalist in the
NATIONAL MERIT SCHOLARSHIPS held a Rank of 6 in 717, Grade Point of 3.90
and SAT Scores of 1310. Keith was a RUNNER, a member of the Tidewater
Striders and won the Jefferson Book Award from the University of Virginia
Alumni Association. He will enroll in the University of North Carolina.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
K E I T H G R I F F L E R
and to congratulate Keith who will in the next few days represent
Virg4@nia Beach at the University of North Carolina as an Ambassador of the
City and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
MICHAEL HANNA
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is tile ability to
make o,..ieself do the things one must when it ought to be done regardless
of time or reason. The best and most important education is that which
one gives oneself. As we acquire more knowledge, thiigs do not become
more comprehensible, but more mysterious;
WREREAS: Virgi-iia Beach ranks with the nation's best and above
most educational systems. 41.94% of the City's 1985 - 86 Operating
Budget is allocated to insure its citizens their youth will be prepared
to meet tomorrow's challenges. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present with its opportunittes, in the future with its promises as well
as the divine joy of living; and,
WHEREAS: MICTIAEL @NA, GREEN RUN HIGH SCHOOL, had a Rank of 57,
Grade Point of 3.31, SAT Score totaling 1360, was a Finalist in the
NATIONAL MERIT SCHOLARSHIP. Mike was a member of MENSA, President of
the Historical Society, member of the Senior Class Senate, the Medical
Society, Computer Club, Chemistry Club and War Games Guild. Mike is a
Wrestler, was a Library Aide and a member of the Fellowship of
Christian Athletes. He will enter the United States Naval Academy.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach
is very proud of its school system with the reputation of its
educational achieveme-@its which have contributed much to the quality of
life we prize so highly. In behalf of the citizens and our School
System, the Virginia Beach City Council pauses in its deliberations to
recognize the outstandiig scholastic record of
M I C H A E L H A N N A
and to congratulate Mike who will in the next few days represent
Virgi,,iia Beach at the Naval Academy as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of
August, Nineteen Hundred and
Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
KERRI DION HARPER
WHEREAS: Education is the basis upon wh-*@ch individuals shape their
lives -- perhaps the most valtiable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that wh4lch one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to '@nsure its citizens their youth will he prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pup@.1 into the pursuit of knowledge, belief i-n the present with its
opportunities, in the future with its promises as well as the divine joy
of 14ving; and,
WTIEREAS: KERRI DION HARPER, PRINCESS ANNE HIGR SCHOOL, won a NATIONAL
ACHIEVEMENT SCHOLARSHIP for the Outstanding Negro Student. She ranked 9
with a Grade Point of 2.85 and SAT Scores totaling 1170. Kerri was
President of the Spanish Club, active in SCA, selected and participated in
the LEAD program at the Un@*@versity of Texas in Austin, named to Who's Who
In American High Schools and worked in the Sears catalog department as the
Manager's Assistant. Kerri will enter the Air Force Academy.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
h4lghly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
K E R R I D I 0 N H A R P E R
and to congratulate Kerri who w4-ll in the next few days represent
V-@.rginia Beach at the Air Force Academy as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
LIONEL HARRIS
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to
make oneself do the tnings one must when it ought to be done regardless
of time or reason. The best and most important education is that which
one gives o@ieself. As we acquire more knowledge, things do not become
more coinprehensible, but more mysterious;
WHEP,EAS: Virgiiia Beach ranks with the nation's best and above
most educational systems. 41.94% of the City's 1985 - 86 Operating
Budget is allocated to insure its citizens their youth will be prepared
to meet tomorrow's challenges. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
prese,,it with its opportunities, in the future with its promises as well
as the divine joy of living; and,
WREREAS: LIONEL RARRIS, BAYSIDE HIGH SCHOOL, won its NATIONAL
ACHIEVEMENT SCHOLARSHIP FOR OUTSTANDING NEGRO STUDENT. His rank was
10, Grade Point 3.76875, SAT Scores 1240 and Achievements: English
630, Math II 620, Literature 540 and American History 300. Lionel
attended the Governor's School for the Gifted, Leadership Seminar at
Valley Forge and the Presidential Classroom For Young Americans. He
won tlie Biology Excellence Award, First Place izi VSCL State Convention
and Latin Art Award for Art Notebooks. He was a member of the National
lionor Society, Staff Artist of the school newspaper, Professional
Apprentice in Medicine and Publicity Ghairman for SCA. Lionel will
enroll in Dartmouth University in Hanover, New Hampshire.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach
is very proud of its school system with the reputation of its
educational achievemeqts which have contributed much to the quality of
life we prize so highly. In behalf of the citizens and our School
System, the Virginia Beach City Council pauses in its deliberations to
recognize the outstanding scholastic record of
L I 0 N E L H A R R I S
and to congratulate Lionel who will in the next few days represent
Virgi-,iia Beach at Dartmouth University as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of
August, Nineteen Hundred and
Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
MARK HARRIS
WHEREAS: Education @"s the basis upon which individuals shape their
lives -- perhaps the most valtiable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
joy
opportun@ in the future with its promises as well as the divine
of 1,@@v-@-ng; and,
WHEREAS: MARK HARRIS, a Finalist in the NATIONAL MERIT SCHOLARSHIP
at COX HIGR SCHOOL, had a Rank of 20, Grade Point of 3.4878 and SAT score
of 1330, has continually participated in the Virginia Beach Gifted Program;
was Vice President of the NEXOS Club; and, a member of the Computer Club
as well as the Apprentice Gifted Program. He has worked at the Beach
Peddler Bike Shop and the Seashore Hobby and Bike Shop. He will major in
Architecture at Virginia Tech this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
h4ghly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
M A R K H A R R I S
and to congratulate Mark who will in the next few days represent Virginia
Beach at Virginia Tech as an Ambassador of the City and one of our most
outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
LESLIE LOWE
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be Prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: LESLIE LOWE, Salutatorian at COX HIGH SCHOOL, had a Rank
of 2, Grade Point of 4.02703 and SAT Score of 1360, is a Finalist in the
NATIONAL MERIT SCHOLARSHIP. Leslie attended the Governor's School for
the G,'@fted, was President of her Senior Class, attended Virginia Girls
State in 1984, was a Delegate to the Virginia Beach Leadership Workshop,
Captain-Lettered of the Cheer Leaders and Gymnastics Team, a member of the
SCA Executive Council, National Honor Society, National Honor Roll,
V@@Irgin-@@an-Pilot/Ledger-Star Scholastic Team and was awarded the Princeton
Book Award. She had early acceptance at the University of Virginia.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, tbe Virginia
Beach City Council pauses in 4ts deliberations to recognize the outstanding
scholastic record of
L E S L I E L 0 W E
and to congratulate Leslie who will in the next few days represent
Virgin-'@a Beach at the University of Virginia as an Ambassador of the City
and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
ELIZABETH "BETH" t4ATTESON
WHEREAS: Education is the basis upon which individuals shape the'@-r
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: ELIZABETH "BETH" MATTESON, GREEN RUN HIGH SCHOOL Finalist
in the NATIONAL MERIT SCHOLARSHIPS with a Rank of One in 717, Grade Point
of 4.02 and SAT Scores of 1410, was Co-Valedictorian. She attended the
Governor's School for the Gifted, was a member of the National FORENSICS
League and Captain of the Negative Team; a member of the Historical
Society, English Curriculum Committee, National Honor Society, Scholastic
Achievement Team and Volunteer - Assistant for the Public Library Reading
Program. Beth received the Outstanding Student Award in Social Services
and the DAR History contest. She will enroll in Virginia Tech this Fall.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virgini.a
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
E L I Z A B E T H "B E T H" M A T T E S 0 N
and to congratulate Beth who will in the next few days represent
Virginia Beach at Virginia Tech as an Ambassador of the City and one of our
most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
GREGG MAURER
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to
make oneself do the things one must when it ought to be done regardless
of time or reason. The best and most important education is that which
one gives oneself. As we acquire more knowledge, things do not become
more comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best a'.Id above
most educational systems. 41.94% of the City's 1985 - 86 Operating
Budget is allocated to insure its citizens their youth will be prepared
to meet tomorrow's challenges. The highest function of teaching is in
stimulating the pupil into the pursuit of knowledge, belief in the
present with its opportunities, in the future with its pro[aises as well
as the divine joy of living; and,
WHEREAS: GREGG MAURER, BAYSIDE HIGH SCHOOL. Semi-Finalist in the
NATIONAL MERIT SCHOLARSHIP, had a Rank of 10, Grade Point of 4.006 and
SAT Scores totaliig 1430. His Achievement scores were: Math II 760,
English 660, Chemistry 550 and American History 400. Gregg was a
member of the National Junior Honor Society as well as the National
Honor Society. He was selected for the Virginian-Pilot/Ledger-Star
Scholastic Team, the Governor's School for the Gifted and the
Presidential Classroom for Young Americans. Gregg will enroll in Old
Dominion University this Fall.
NOW, TliEREFORE, BE IT RESOLVED: That the City of Virginia Beach
is very proud of its school system with the reputation of its
educational achievements which have contributed much to the quality of
life we prize so highly. In behalf of the citizens and our School
System, the Virginia Beach City Council pauses in its deliberations to
recognize the outstanding scholastic record of
G R E G G M A U R E R
and to congratulate Gregg who will in the next few days represent
Virginia Beach at 0 D U as an Ambassador of the City and one of our
most outstanding citize.1s.
Given under my haqd and seal
this Nineteenth day of
August, Nineteen Hundred and
Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
WILLIAM MURRAY
WHEREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education ;.s the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHERFAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: WILLIAM MURRAY, KEMPSVILLE HIGH SCHOOL Finalist in the
NATIONAL MERIT SCHOLARSHIPS, with a Rank of 9, Grade Point 3.3881 and SAT
Scores of 1390, also scored on the Achievements: Math I 630, English 770,
European History 730, American History 780 and Biology 480. He was a
member of the Debate Team, FORENSICS Team, THESPIAN Society officer and
on the staff of the Literary Magazine. Bill participated in the model
United Nations at Harvard and Old Dominion University. He will enroll in
the University of Virginia.
NOW, THER-EFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virgin@*-a
Beach City Council pauses in its deliberations to recogn@-ze the outstanding
scholastic record of
W I L L I A M M U R R A Y
and to congratulate Bill who will in the next few days represent
Virginia Beach at the University of Virginia as an Ambassador of the City
and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
RESOLUTION IN RECOGNITION
ERIC CARL OLSSON
WREREAS: Education is the basis upon which individuals shape their
lives -- perhaps the most valuable of all education is the ability to
make oneself do the things one must when It ought to be done regardless
of time or reason. The best and most important education is that which
one gives oneself. As we acquire more knowledge, things do noL become
more comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above
most educational systems. 41.94% of the City's 1985 - 86 Operati',Ig
Budget is allocated to insure its citizens their youth will be prepared
to meet tomorrow's challenges. The highest function of teaching is i,.i
stimulating the pupil into the pursuit of nowledge, belief in the
prese,.it with its opportunities, in the futur with its promises as well
as the divi-@ie joy of living; and,
WHEREAS: ERIC CARL OLSSON, PRINCESS ANNE HIGH SCHOOL, is a
Fi,,ialist in the NATIONAL HONOR SOCIETY, with a Rank of 10, Grade Point
of 3.22 and SAT Scores of 1410. He was a member of the Princess k-ine
Jazz Band and Marching Band. He participated in Macy's New Year's Day
Parade in New York City. Eric attended Virginia Boys State, was
selected for the Virginian-Pilot/Ledger-Star Scholastic Team, was First
Place Winner in the Virginia State Creative Writirig Essay Contest and
won the Outstanding English Paper Award. He won Second Place as the
Outstanding American Chemical Society Award at Old Dominion University
and the Outstanding Chemistry Award at Princess Anne High School. He
was a member of the Curriculum Committee, German Club, Photographer for
the School Annual and on the Staff for the Kaleidoscope. Eric will
enroll in the University of Virginia.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach
is very proud of its school system with the reputation of its
educational achievements which have contributed much to the quality of
l.ife we prize so highly. In behalf of the citizens and our School
System, the Virginia Beach City Council pauses in its deliberations to
recognize the outstanding scholastic record of
E R I C C A R L 0 L S S 0 N
and to congratulate Eric who will in the next few days represeit
Virginia Beach at the University of Virginia as an Ambassador of the
City and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of
August, Nineteen Hundred and
Eighty-Five.
14ayor
RESOLUTION IN RECOGNITION
ANDREW STAHLER
WHEREAS: Education is the basis upon which individuals shape the,.r
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to be done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with its
opportunities, in the future with its promises as well as the divine joy
of living; and,
WHEREAS: ANDREW STAHLER, a Finalist at PRINCESS ANNE HIG[I SCHOOL
in the NATIONAL MERIT SCHOLARSHIPS, had SAT Scores of the h@'@ghest rank
with 800 Verbal and Math at 720 for a total of 1520. Andrew was First
Place winner in the JETS competition in Computer programming at Old
Dominion University. He was a member of the Computer Club. He is
undecided as to his college career.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach is
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
A N D R E W S T A R L E R
and to congratulate Andrew who will in the next few days represent
Virginia Beach at a college or university of his choice as an Ambassador
of the City and one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-F@@@ve.
Mayor
RESOLUTION IN R.ECOGNITION
KEVIN TUTTLE
WHEREAS: Education is the basis upon which individuals shape the,*-r
lives -- perhaps the most valuable of all education is the ability to make
oneself do the things one must when it ought to he done regardless of time
or reason. The best and most important education is that which one gives
oneself. As we acquire more knowledge, things do not become more
comprehensible, but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 41.94% of the City's 1985 - 86 Operating Budget is
allocated to insure 'Its citizens their youth will be prepared to meet
tomorrow's challenges. The highest function of teaching is in stimulating
the pupil into the pursuit of knowledge, belief in the present with :.ts
opportunities, in the future with its promises as well as the d4@vine joy
of living; and,
WHEREAS: KEVIN TUTTLE, a Semi-finalist in the NATIONAL MERIT
SCHOLARSHIP at BAYSIDE HIGH SCHOOL, had a Rank of 8, Grade Point of 2.7628
and SAT Score of 1290. Kevin attended the Gifted Program at Old Donation,
was a member of the Computer Club and the Engineers Club. He wrote a play
which was presented in a special program for parents. Kevin will enter
Old Dominion University this Fall to major in Biology.
NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach -.s
very proud of its school system with the reputation of its educational
achievements which have contributed much to the quality of life we prize so
highly. In behalf of the citizens and our School System, the Virginia
Beach City Council pauses in its deliberations to recognize the outstanding
scholastic record of
K E V I N T U T T L E
and to congratulate Kevin who will in the next few days represent
Virginia Beach at Old Dominion University as an Ambassador of the City and
one of our most outstanding citizens.
Given under my hand and seal
this Nineteenth day of August,
Nineteen Hundred and Eighty-Five.
Mayor
- 28 -
Item II-M.2
CONSENT AGENDA ITEM # 24078
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
ADOPTED a Resolution of the City of Virginia Beach opposing a proposal to
EXTEND THE VIRGINIA TORT CLAIMS ACT TO LOCALITIES by amending Sections 8.01-195.2
through 8.01-195.8 of the Code of Virginia.
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
August 19, 1985
- 28a -
A RESOLUTION OF THE CITY OF VIRGINIA BEACH
OPPOSING A PROPOSAL TO EXTEND THE VIRGINIA
TORT CLAIMS ACT TO LOCALITIES BY AMENDING
SS 8.01-195.2 THROUGH 8.01-195.8 OF THE CODE
OF VIRGINIA.
WHEREAS, the Senate Courts of Justice Committee has
formed a subcommittee to study the feasibility and desirability
of extending the Virginia Tort Claims Act to localities; by
amending SS 8.01-195.2 through 8.01-195.8 of the Code of
Virginia.
WHEREAS, some form of this legislation is expected to be
considered by the General Assembly in 1986; and
WHEREAS, such legislation would have an adverse effect
on localities and local governing bodies by eliminating the
defense of sovereign immunity; and
WHEREAS, there is no logical reason to eliminate the
limited immunity which is presently applicable to localities;
and
WHEREAS, passage of such leqislation would:
1. Adversely effect a municipalities' ability to
acquire liability insurance;
2. substantially increase the filing of lawsuits
against localities and its officers;
3. increase the cost of defending municipal lawsuits;
4. be detrimental to the public treasury and create a
possiblity of discontinuing programs and services which involved
a high risk of liability;
5. create a reluctance on the part of capable people to
serve on public bodies; and
WHEREAS, the burden which would be imposed on localities
by the extension of the Tort Claims Act far exceeds any perceived
benefit to individuals; and
WHEREAS, the Supreme Court of Virginia has vigorously
defended the doctrine of sovereign immunity.
August 19, 1985
- 28b -
NOW, THEREFORE, BE IT RESOLVED:
1. That the Council of the City of Virginia Beach
strongly opposes any legislation to extend the Virginia Tort
Claims Act to localities.
2. That the City Council respectfully and strongly
requests that the City's representatives in the General Assembly
oppose any legislation which would abolish the sovereign immunity
defense for cities.
3. The City Clerk is directed to forward copies of this
resolution to the City's representatives in the General
Assembly.
4. The City Attorney is directed to present a certified
copy of this Resolution to the members of the Senate Courts of
Justice Committee of the General Assembly of Virginia and the
Virginia municipal League Legislative Committee.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 19, 1985
JAR/re
6/19/85
(RES. 1
Ar'r'ROVED AS TO
SIGNATURE
DEPARTMENT
S Tg FGRM
TOR@i@Y
A,jgust 19, 1985
- 29 -
Item II-M.3
CONSENT AGENDA IT24 # 24079
Upon motion by Councilwomaii Creech, seconded by Councilman Baum, City Council
ADOPTED a Resolutioii authorizing the ENLARGEMENT of the NONCONFORMING USE AND
STRUCTURE located at 313 15th Street (PROPERTY OF GASTON F. DOUGH, ET UX.).
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. Joiles, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votiiig Nay:
None
Council Members Absent:
None
August 19, 1985
- 29a -
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING USE AND STRUCTURE
LOCATED AT 313 15TH STREET (PROPERTY
OF GASTON F. DOUGH, ET UX)
WHEREAS, Gaston F. Dough, Jr., and Wilma A. Dough
desire to construct a 6,896 square-foot, two-story addition to
their single-family residence located at 313 15th Street,
Virginia Beach, Virginia, shown as the shaded area on that
certain survey entitled "RENOVATIONS AND ADDITION TO THE SINGLE
FAMILY RESIDENCE OF: MR. & MRS. GASTON F. DOUGH 15TH STREET
VIRGINIA BEACH, VA.," (the "Site Plan"), a reduced copy of which
is attached hereto and made a part hereof; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because single-family residences and two, single-family, detached
dwellings on a single lot are not allowed in the B-4, Resort-
Commercial District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the enlargement of a
nonconforming structure if Council finds that the use as enlarged
or extended and the structure as enlarged are equally appropriate
or more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming single-family residence, located at 313 15th
Street, Virginia Beach, Virginia, and shown on the Site Plan as
the "EXISTING ONE-STORY MASONRY DWELLING W/2ND STORY FRAME
ADDITION," are equally appropriate or more appropriate to the
zoning district in which they are located than are the existing
nonconformities; and the City Council hereby authorizes the
enlargement or extension of the nonconforming use and the
enlargement of the nonconforming structure in the manner shown on
August 19, 1985
- 29b -
the Site Plan, provided extension of the use and 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 August 19, 1985
CJ/da
8/9/85
(3)
APPROVED AS TO CONTENT
SIGNATURE
DEPARIMENT
S TO FORM
EY
-2-
August 19, 1985
- 30 -
Item II-M.4
CONSENT AGENDA ITEM # 24080
Upon motion by Councilwoman Creech, seconded bY Councilmaii Baum, City Couricil
ADOPTED an Ordinance authorizing the City Manager to execute an agreement
concerning URBAN PRESERVATION AND INFILL COMMITMENTS.
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 Abgent:
None
August 19, 1985
-30a
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT CONCERNING
URBAN PRESERVATION AND INFILL COMMITMENTS
WHEREAS, the City of Virginia Beach has applied to the
Virginia Housing Development Authority for mortgage financing for
purchasers of single family dwelling units which are eligible under
the Urban Preservation and lnfill Program; and
WHEREAS, subject to the terms and conditions of the one
agreement attached hereto, the Virginia Housing Development Authority
will reserve for the City of Virginia Beach Three Million Dollars
($3,000,000,00)to be used to provide mortgage loan financing under
the Authority's Residential Mortgage Program for persons and families
of low and moderate income who purchase single family dwelling units
eligible under the Urban Preservation and lnfill Program.
WHEREAS, the City of Virginia Beach wishes to accept such
reservation of funds.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That the City Manager is hereby authorized to enter into an
agreement with the Virginia Housing Development Authority for the
reservation of Three Million Dollars ($3,000,000-00) for mortgage
financing for purchasers of single family dwelling units who are eli-
gible under the Urban Preservation and Infill Program. Said agreement
is attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 19 day of August, 1985.
APPROVED AS TO CONTENT:
Dir tment of @.ng and
communi opment
VIRGINIA HOUSING DEVELOPMENT AUTliORITY
URBAN PRESERVATION AN6 INFILL
PROGRAM COVIMITMENT AGREEMENT
TARGETED AREAS
THIS AGREEMENT, made as of the 8th day of Lugust, 1985, by
and between the VIRGINIA HOUSING DEVELOPMTN-T AUTHORITY, a political
subdivision of the Commonwealth of Virginia (hereinafter referred to
as the "Authority") and the City of VirQinia Beach
(hereinafter re.ferred to as he 'Loclity-);
W I T N E S S E T B:
WHEREAS, the Locality has applied to the Authority for mort-
gage financing for purchasers of sin4le family dwelling units which
are eligible under the Urban Preservati,, and Infill Program (herein-
after the "UP & I Program") in Richmond, Virginia;-
WHEREAS, the AuthoritY expects to deliver its $120,004,510.35
Residential Mortgage Bonds, 1985 S,ries (the "Spries A Bonds") on or
about August 8, 1985, a portion of th, proceeds of which are expected
to finance mortgage loans in "Targeted Areas"
fined). (as hereinafter de-
NOW, THEREFORE, in considerat-ion of the premises aforesaid,
the COMMitments herein contained and other good and valuable con-
sideration, the parties agree a, foilows:
1. Reservation of Funds. Subject to the terms and conditions herein,
the Authority hereby aqrees to reserve for the Locality
$ 3,000,000 (the "Reserved Funds") to be used to provide
mortgage loan financing under the Authority's Residential Mort-
gage Program for persons and families f low and moderate income
who Purchase single family dwelling units which are l,cated with-
in Targeted Areas (as defined in paragraph 2 below). The Local-
ity hereby accepts such reservation. mortgage loans to be
financed with the Reserved Funds shall be originated, processed
and disbursed by the Authority's Processinq/Disbursing/Servicing
Agents ("PDS Agents") in accordance with this Agreement, Rules
and Regulations of the Authority, the PDS Agreements between the
Authority and the PDS Agents, the Authority's Processing and Dis-
bursing Handbook and the Authority's Administrative Procedures
for the Processing/Disbursing/Servicing Agent Program.
2. Use of Funds. All mortgage loans made pursuant to this Agreeriert
must be for the purchase of properties which are located within
Qualified Census Tracts and/or Approved Areas of Ch ... i, Econo,.r.4-c
Distress, I in Section 103A of the
Internal Revenue Code, as amended, and the regu!Ltions issued
thereunder (herein "Section 103A"). I.- no such areas are ap-
proved within 90 da%,s of the dat6 of this Agreement, the
Authority may recapture these funds and reallocate such funds to
other approved areas.
3. Reservation Periods. Subject to the provisions hereof, the Re-
served Funds will be reserved for the Locality until the latter
of August 8, 1986, or one year from the date the Authority deter-
mines that "funds are first made available with respect to Tar-
geted Area residences" for purposes of Section 103A. To the
extent that such funds are not committed, settled and disbursed
by said date, such funds shall (at the option of and to the ex-
tent deemed appropriate by the Authority) no longer be deemed
reserved for the Locality and may be used by the Authority for
any lawful purpose.
4. Rate of Interest. The mortgage loans made pursuant to this
Agreement from the Reserved Funds will be at an interest rate of
9.53% or such lower rate as the Authority may establish from time
to time.
5. Loans to One-Person Households. The Authority shall not impose
any limit on the num er of mortgage loans made to one-person
households pursuant to this Agreement.
6. Reduction of Amount of Reserved Funds. The Authority may, at any
time and e amount of the Reserved
Funds for the Locality if:
(a) The Authority has determined that it is unlikely that mort-
gage loans will be committed, settled and disbursed within
the time period set forth in paragraph 3 hereof in the
amount of the Reserved Funds, in which case the Authority
may reduce the amount of Reserved Funds to such amount as
the Authority determines will be fully committed, settled
and disbursed within such period; or
(b) The Authority is unable to sell and deliver a sufficient
aggregate principal amount of the Series A Bonds to enable
it to provide the total amount of Reserved Funds committed
to all Localities for Targeted Areas under the UP & I Pro-
gram and therefore agrees that any determination made by the
Authority pursuant to this paragraph 6 above shall be final
and binding on the Locality.
The Locality understands and agrees that the Authority has made the
determination that the Reserved Funds must be originated, settled and
disbursed within the time periods set forth in paragraph 3 hereof in
order to assure the success of the Authority's UP & I Program and
therefore agrees that anv determination made by the Authority pursuant
to this paragraph 6 above shall be final and binding on the Locality.
7. Termination of Reservation of Funds. The Authority may, at any
time, terminate the Reserved Funds for the Local-
ity upon 30 days written notice to the Locality that the Author-
ity has determined (a) that the Locality is not complying with
the terms of this Commitment Agreement and/or the terms of the UP
& I Program or other agreements between the Locality and the
Authority, or (b) that termination is necessary to comply with
the tax covenant in the General Bond Resolution for the Series A
Bonds or (c) that termination is necessary to comply with Section
103A.
8. Obi i V o A e;tise. The Locality shall
asslg
sZtto
h: of the Local t PD:VA
Authority ana th: ents in using reasonable dili
gence to place the Reserved Funds in qualified mortgages within
the meaning of Section 103A. As part of said duty to assist the
Authority and the PDS Agents, the Locality shall be required to
advertise the availability of these funds in the manner pre-
scribed by the Authority, and shall provide evidence to the
Authority of its compliance with this requirement.
9. Conditions Precedent. All rights, covenants and duties of the
parties her to are contingent upon the Authority's delivery of
the Series A Bonds within 90 days of this Agreement at such
interest rate and upon such other terms and conditions as are
acceptable to the Authority. In the event that the Authbrity
fails or is unable to so deliver such Series A Bonds, this Agree-
ment shall be null and void as of the date hereof.
10. Choice of Law; Miscellaneous. This Agreement shall be construed
in accordance with the laws of the Commonwealth of Virginia. All
provisions contained herein are severable and should any pro-
vision be held invalid by a court of competent jurisdiction, the
remaining provisions shall remain in full force and effect. In
addition, all docurpents, resolutions and agreements referred to
in this Agreement shall be deemed incorporated herein by refer-
ence.
IN WITNESS WHEREOF, the parties hereto have executed this
Commitment Agreement by their duly authorized representatives, as of
the'day and year first above written.
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
By:
tor
LOCALITY
By:
Its:
DATE:
CD
06,
- 31 -
Item II-M.5.
CONSENT AGENDA ITEM # 24081
Fred Kober, represented the Christopher Companies, and spoke in OPPOSITION
to an Ordinance authorizing the ACQUISITION of PROPERTY i. FEE SIIQLE
for RIGHTS-OF-WAY FOR ROUTE 44-BAXTER ROAD FLYOVER, C.I.P. No. 2-029.
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance authorizing the ACQUISITION of PROPERTY in FEE
SIMPLE for RIGHTS-OF-WAY FOR ROUTE 44-BAXTER ROAD FLYOVER, C.I.P NO. 2-029.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, 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
August 19, 1985
-31a -
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
WAY FOR ROUTE 44-BAXTER ROAD FLYOVER,
C.I.P. NO. 2-029 AND THE ACQUISITION
OF TEMPORARY AND PERMANENT EASEMENTS
OF RIGHTS OF WAY EITHER BY AGREEMENT
OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that certain real property in fee simple, including temporary
and permanent easements of right of way as shown on that certain
drawing attached hereto and made a part hereof. Said drawing
being on file in the Department of Public Works, Municipal
Center, City of Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 19 day of August 19 85.
APPROVED AS TO CONTENT
JDB/ih
Si ATURE
(9)
DEP PTMENT
wm
- 32 -
Item II-M.6.
CONSENT AGENDA ITEM # 24082
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
ADOPTED an Ordiiiance authorizing the City Manager to EXECUTE DEEDS OF VACATION
aiid QUITCLAIM releasiTIg 30 feet of a 50-foot DRAINAGE EASEMENT on property of
RICHARD H. RAY AND CYNTHIA B. RAY AND J & J PROPERTIES.
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. Oberildorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 19, 1985
- 32a-
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE DEEDS OF VACATION
AND QUITCLAIM RELEASING 30 FEET OF A
50-FOOT DRAINAGE EASEMENT ON PROPERTY
OF RICHARD H. RAY AND CYNTHIA B. RAY
AND J & J PROPERTIES
WHEREAS, by plat dated June 6, 1985, and recorded in the
Clerk's office of the Circuit Court of the City of Virginia
Beach, in Map Book 188, at Page 7, C. L. Pincus, Jr., and Co.
Inc., et al, dedicated to the City of Virginia Beach, Virginia,
hereinafter the "City," a 50-foot drainage easement across Lots 9
and 10 of the Sonic Industrial Park; and
WHEREAS, Richard H. and Cynthia B. Ray, the owners of
Lot 9 of Sonic Industrial Park, have requested that the City
release its interest in the 24-foot portion of the "EXISTING 501
DRAINAGE EASEMENT," said portion to be released being the shaded
area on Lot 9 as shown on that certain plat entitled "PLAT OF LOT
9 & LOT 10 OF SONIC INDUSTRIAL PARK (MB 188; PG. 7) FOR VACATING
PORTIONS OF A DRAINAGE EASEMENT PRINCESS ANNE BOROUGH VIRGINIA
BEACH, VA," dated July 9, 1985, a copy of which is attached
hereto and made a part hereof, hereinafter the "Plat;" and
WHEREAS, J & J Properties, a Virginia general
partnership, owner of Lot 10 of Sonic Industrial Park, has
requested that the City release its interest in a six-foot
portion of the "EXISTING 50' DRAINAGE EASEMENT," said portion to
be released being the shaded area on Lot 10, as shown on the
Plat; and
WHEREAS, it has been determined by the Department of
Public Works that the remaining 20 feet of the aforesaid drainage
easement will be sufficient for the purpose for which the drain-
age easement was created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
That the City Manager is hereby authorized to execute a
Deed of Vacation and Quitclaim between the City and Richard H.
and Cynthia B. Ray, releasing the City's interest in the 24-foot
portion of the 'EXISTING 501 DRAINAGE EASEMENT," shown as the
August 19, 1985
-32b -
shaded area on Lot 9 of the Plat, and a Deed of Vacation and
Quitclaim between the City and J & i Properties, a Virginia
general partnership, releasing the City's interest in the six-
foot portion of the "EXISTING 501 DRAINAGE EASEMENT," shown as
the shaded area on Lot 10 of the Plat. Copies of said Deeds are
attached hereto and made a part hereof as Exhibits A and B,
respectively.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Ajgust 19, 1985.
CJ/cb
8/11/85
(i)
August 19, 1985
-2-
EXHIBIT A
THIS DEED OF VACATION AND QUITCLAIM, Made this day
of , 1985, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
party of the first part, and RICHARD H. RAY and CYNTHIA B. RAY,
1024 Windsor Road, Virginia Beach, Virginia, 23451, party of the
second part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
of which are hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part, as tenants by the entireties with right of
survivorship as at common law, its right and interest, if any, in
the following described property:
All that certain lot, piece, or
parcel of property 24 feet in width,
being a portion of Lot 9, within the
"EXISTING 50' DRAINAGE EASEMENT,,,
and shown as the shaded area on that
certain plat entitled "PLAT OF LOT 9
& LOT 10 OF SONIC INDUSTRIAL PARK
(MB 188; PG. 7) FOR VACATING
PORTIONS OF A DRAINAGE EASEMENT
PRINCESS ANNE BOROUGH VIRGINIA
BEACH, VIRGINIA," dated July 8,
1985, prepared by G. F. Sutton &
Associates, Engineers-Surveyors-
Planners, Virginia Beach, Virginia,
and attached hereto and recorded
simultaneously herewith in the
Office of the Clerk of the Circuit
Court of the City of Virginia Beach,
Virginia.
SONIC DRIVE(60
lr404A9
2, 99.5a'
221.i94 77171, 164,99
".00
LOT 11
z
LOT 8 LOT 9 LOT 10
:co
In
sat
20
EASEMENT
(M,B. 49; Pq 53)
NOTE: THIS PLAT IS FOR THE VACATION
OF PORTIONS OF THE @ DRAINAGE PLAT
EASEMENT ONLY. REFER TO THE OF
LEGAL REFERENCE FOR BOUNDARY
a OTHER INFORMATION, LOT 9a LOT 10
OF
DRAINAGE EASEMENT TO BE VAUTED SONIC INDUSTRIAL PARK
(WB 188 ', PG. 7)
FOR
VACATING PORTIONS
OFA
DRAINAGE EASEMENT
PRfNCESS ANW BOROUGH VIRGINLA BEACH VA
SCALI- 186
DATE: JULY 0,1985 a, @Ta ZONE; 1- 2
9
FILE NO.: 85009
This conveyance is made subject to conditions,
restrictions, easements, and reservations contained in the duly
recorded deeds, plats, or other instruments in the chain of
title, if any, constituting constructive notice thereof.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused its name to be signed by its City Manager and its seal to
be affixed and attested to by its City Clerk, and said action was
authorized by an ordinance adopted by the Council of the City of
Virginia Beach, at a meeting duly called and held on the day
of 1985.
CITY OF VIRGINIA BEACH
By
,ty Manager
(SEAL)
ATTEST:
City Eler-k
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the City of Virginia Beach, whose names are
-2-
signed to the foregoing Deed of vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Pub@ic-
My Commission Expires:
CJ/da
(27-C.3)
7/26/85
-3-
EXHIBIT B
THIS DEED OF VACATION AND QUITCLAIM, Made this day
of , 1985, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
party of the first part, and J & J PROPERTIES, a Virginia
general partnership, 1053 Duckling Point Trail, Virginia Beach,
Virginia, 23455, party of the second part.
W I T N E S S E T H:
That for and in consideration of the Sum of TEN DOLLARS
($10-00) and other good and valuable consideration, the receipt
of which are hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part, its right and interest, if any, in the
following described property:
All that certain lot, piece, or
parcel of property 6 feet in width,
being a portion of Lot 10, within
the "EXISTING 50, DRAINAGE
EASEMENT," and shown as the shaded
area on that certain plat entitled
"PLAT OF LOT 9 & LOT 10 OF SONIC
INDUSTRIAL PARK (MB 188; PG. 7) FOR
VACATING PORTIONS OF A DRAINAGE
EASEMENT PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA," dated
July 8, 1985, prepared by G. F.
Sutton & Associates, Engineers-
Surveyors-Planners, Virginia Beach,
Virginia, and attached hereto and
reCOrded simultaneously herewith in
the Office of the Clerk of the
Circuit Court of the City of
Virginia Beach, Virginia.
This conveyance is made subject to conditions,
restrictions, easements, and reservations Contained in the duly
recorded deeds, plats, or other instruments in the Chain of
title, if any, constituting constructive notice thereof.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused its name to be signed by its City Manager and its seal to
be affixed and attested to by its City Clerk, and said action was
authorized by an ordinance adopted by the Council of the City of
Virginia Beach, at a meeting duly called and held on the day
of 1985.
CITY OF VIRGINIA BEACH
By
CiEy- anager
(SEAL)
ATTEST:
City Cie-i-Z-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the City of Virginia Beach, whose names are
-2-
signed to the foregoing Deed of Vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
My Commission Expires:
CJ/da
(27-C.3)
7/2 6/8 5
-3-
SONIC DRIVE(60
164.99'
".001
LOT 11
LOT 8
LOT 9 LOT 10
.0
@z
0
Z<
z ;42
w
w
,b,
EASEMENT
(M.B. 49; Pg- 53)
NOTE: THIS PLAT IS FOR THE VACATION
OF PORTIONS OF THE 50'DRAINAGE PLAT
EASEMENT ONLY. REFER TO THE OF
LEGAL REFERENCE FOR SOLINDARY
B OTHER INFORMATION, LOT 9 a LOT 10
OF
DRAINAGE EASEMENT TO BE VACATED SONIC INDUSTRIAL PARK
(MS I 88 ', P G. 7)
FOR
VACATING PORTIONS
OF A
DRAINAGE EASEMENT
PRINCESS ARK BoRouGH VIRGINLA BEACH VA
SCAil-
DATI: -JULY P@l9e5
9 ZONI:
Fit# t4o.: I
- 33 -
Item II-M.7
CONSENT AGENDA ITEM # 24083
Upon motion by Councilwoman Oberndbrf, seconded by Councilwoman Henley, City
Council DEFERRED for two weeks (September 9, 1985) the following Ordinalices:
ORDINANCE TO REPEAL SECTION 21-376 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ABANDONED,
WRECKED, JUNKED, ETC., VEHICLES;
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 21-377 TO THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO
OPEN STORAGE OF INOPERATIVE VEHICLES ON RESIDENTIAL PROP-
ERTY;
AND,
ORDINANCE TO AMEND AND REORDAIN SECTION 21-378 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO
REMOVAL, STORAGE AND SALE OF UNATTENDED VEHICLES.
This DEFERRAL wil.1 enable additional couunetits by City Staff.
Voting: 11-0
Council Members Voting Aye:
Johii 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:
Noixe
Council Members Absent:
None
August 19, 1985
- 34 -
Item II-M.8
CONSENT AGENDA ITEM # 24084
Upon motion by Councilwoman Creech, secoiided by Councilmaii Baum, City Council
ADOPTED an Ordinance to AMEND AND REORDAIN Sectioii 2-+95 2-106 of the Code
of the City of Virginia Beach, Virginia, pertainiiig to REEMP@YMENT- REINSTATEMENT.
This Ordinance replaced the erroneous one in the AGENDA: "Ordinance to amend and
reordaiyi Sectioii 2-105 of the Code of the City of Virginia Beach, Virginia,
pertainiiig to reemployment."
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Naiicy 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. McClaiian, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couilcil Members Votilig Nay:
None
Council Members Absent:
None
Consent Agenda M. 8.
-34a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-106 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO REINSTATEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-106 of the Code of the City of Virginia
Beach, Virginia, pertaining to reinstatement, is hereby amended
and reordained to read as follows:
Section 2-106. Reinstatement.
(a) Reinstatement shall be the status of the returning
employee's employment period following a return to duty with the
merit service of the city within thirty (30) consecutive calendar
days from the date of separation from the merit service. The
appropriate pay step within the approved range of the class and
anniversary date for all reinstated employees shall be determined
by the director of personnel. All time earned prior to
reinstatement shall be counted towards the probationary period,
annual leave, service awards, etc. However, the actual time
missed prior to reinstatement shall be discounted from actual
annual leave accrual to the nearest pay period.
(b) A returning employee who has been retired because of a.
job related disability, although separated more than thirty (30)
consecutive calendar days, may be reinstated with time earned in-
previous city employment counted toward the probationary period,
annual leave, service awards or other longevity-based employment
conditions or benefits, provided that the following criteria are.
met:
1. The injury or disability which resulted in
retirement was incurred in the line of duty in the course of city
employment;
2. The returning employee is certified by the city
physician as physically able to perform the duties for which
reemployed;
August 19, 1985
-34b-
3. The returning employee meets all other
requirements for the position to which reemployed; and
4. An opening for employment is available without
establishment of a new position or reassignment of personnel to
accommodate the returning employee,
.Adopted by the Council of the City of Virginia Beach,
Virginia, on this 19 day of Augist 1985.
WEB/da
8/19/85
misc
August 19, 1985
-2-
- 35 -
Item II-M.9
CONSENT AGENDA ITEM # 24085
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
ADOPTED an Ordinance, on SECOND READING, to accept and appropriate a
$1,200 grant from the Virginia Division of Motor Vehicles for funding a
SAFETY BELT AWARENESS PROGRAM.
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
August 19, 1985
AN ORDINANCE rO ACCEPT A $1,200 GRANT FROM THE
DIVISION OF MOTOR VEHTCLES FOR FUNDING A
SAFETY BELT AWARENESS PROGRAM AND
'rO APPROPRIATE 'r"f,'.SF FUNDS.
WHEREAS, the City of Virginia Beach is concerned with promoting the
use of automotive seat belts in order to red@ce the incidence of injury and
death in automotive crashes, and
WHEREAS, the Division of Motor Vehicles has awarded Lhe City
$1,200 to promote the use of seat belts among m.nicipal employees, their fami-
lies and friends with no cash match required.
NOW, THEREFORE, BE 1'r ORDAINED BY THE COUNCIT, OF THE CITY OF
VIRGINIA BEACH TRAT a grant totaling $1,200 be accepted and appropriated for
the purpose of funding an automotive seat belt restraint promotion.
This ordinance will be in effect fro. Lhe date of its adoption.
FIRST READING: Aug@,st 12, 1985
August 19, 1985
SECOND READING:
Adopted by the Council o[ the City of Virginia Beach on the
19 day of August 19 @8
APPROVED AS TO CONTENT
-6Epl,k,
pp V, STOFPRM
y
3 5
Item II-M.10
CONSENT AGENDA IT Em # 24086
Councilwoman Oberiidorf referenced this Ordinance as to whether these Underground
Fuel Tanks and Dispensers had been checked for possible leakage.
The City Manager assured City Council the checks and balances report form
would indicate any difference leak would cause between supply and use.
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
ADOPTED an Ordinance to transfer $21,500 within the AUTOMOTIVE SERVICES BUDGET
for the purchase of UNDERGROUND FUEL TA14YS AND DISPENSERS.
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. McCianan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
None
August 19, 1985
- 36% -
AN ORDINANCE TO TRANSFER $21,500 WITHIN THE
THE AUTOMOTIVE SERVICES BUDGET FOR
THE PURCHASE OF UNDERGROUND FUEL TANKS AND DISPENSERS
WHEREAS, in previous years, the city has contracted with Sentry
Petroleuni, Incorporated to provide for the gasoline requirements of the city,
and
WHEREAS, in order to comply with state and city statutes, it is now
necessary for the city to bid this contract, and
WHEREAS, in order to obtain comparable prices from other companies,
it will be necessary for the city to acquire underground tanks owned by Sentry
and to purchase 33 dispensers prior to bidding, and
WHEREAS the total cost for the purchase of the tanks and dispensers
is estimated at $21,500.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds in the amount of $21,500 are hereby transferred from the
Merchandise for Resale account to capital outlay in the Automotive Services
budget for FY 1985-86.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
19 August
day of 1985.
APPRO"ED A@ 'O CONTENT
'IC-@,'AT@RE
EY
CAC/1 ORDII
AN ORDINANCE TO TRANSFER $311,541 OF
CAPITAL PROJECT FUNDS TO PROJECT #2-911
KEMPSVILLE ROAD-PHASE 11 TO PROVIDE FOR THE
INCREASE IN THE CITY'S SHARE OF COSTS.
WHEREAS the current Capital Improvement Program includes project
#2-911 Kempsville Road-Phase II, a four-lane, divided arterial street and bike-
path from Indian River Road to Centerville Turnpike, with a total project cost
estimate of $4,878,350, and
WHEREAS the Commonwealth of Virginia has agreed to finance 5% of
construction costs with the city to finance all remaining costs estimated at
$888,350, and
WHEREAS due to greater that anticipated costs for engineering site
acquisition, and construction, the total project cost has increased resulting
in a corresponding increase in the city's share by $311,541, and
WHEREAS the needed funds may be obtained from project #2-936 Ferrell
Parkway-Phase IB since this amount represents surplus appropriations from
completed highway projects recently closed out and deposited in the project
account.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds in the amount of $311,541 is hereby transferred from project
#2-936 Ferrell Parkway-Phase IB to project #2-911 Kempsville Road-Phase II to
provide for the increase in the city's share of costs.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
19 day of August 1985.
APPROVED AS TO CONTENT
@GNA1'J,@E
',)EPARTMENT
TO OL
August 19, 1985
IINEY
CAC/I ORD10
- 38 -
Item Il-M.12
CONSENT AGENDA ITEM # 24087a
Upoil motioii by Councilwoman Creech, secoiided by Councilman Baum, City Council
ADOPTED an Ordinaiice APPOINTING VIEWERS iii the petition of DEFORD, LTD.,
for the closure of a portion of South Keiitucky Avenue (Kempsville Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grachmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 11-0
Council Members Votiiig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votiiig Nay:
None
Couiicil Members Absent:
None
August 19, 1985
3 7
Item II-M.11
CONSENT AGENDA ITEM # 24087
Upon motion by Councilwoman Creech, seconded by Councilmam Baum, City Council
ADOPTED an Ordinance to traiisfer $311,541 of Capital Project funds to
PROJECT #2-911 KEMPSVILLE ROAD - PHASE II to proved for the increaae in
the City's Share of Costs.
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
August 19, 1985
AN ORDINANCE TO TRANSFER $311,541 OF
CAPITAL PROJECT FUNDS TO PROJECT #2-911
KEMPSVILLE ROAD-PRASE II TO PROVIDE FOR THE
INCREASE IN THE CITY'S SHARE OF COSTS.
WHEREAS the current Capital Improvement Program includes project
#2-911 Kempsville Road-Phase II, a four-lane, divided arterial street and bike-
path from Indian River Road to Centerville Turnpike, with a total project cost
estimate of $4,878,350, and
WHEREAS the Commonwealth of Virginia has agreed to finance 5% of
construction costs with the city to finance all remaining costs estimated at
$888,350, and
WHEREAS due to greater that anticipated costs for engineering site
acquisition, and construction, the total project cost has increased resulting
in a corresponding increase in the city's share by $311,541, and
WHEREAS the needed funds may be obtained from project #2-936 Ferrell
Parkway-Phase IB since this amount represents surplus appropriations from
completed highway projects recently closed out and deposited in the project
account.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds in the amount of $311,541 is hereby transferred from project
Yt2-936 Ferrell Parkway-Phase IB to project #2-911 Kempsville Road-Phase II to
provide for the increase in the city's share of costs.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
19 day of August 1985.
APPROVED AS TO CONTENT
S!G.NAl Uj@ E
I)EP@RTMENT
TO 0
@,,P August 19, 1985
INEY
CAC/I ORD10
- 38 -
Item II-M.12
CONSENT AGENDA ITEM # 24087a
Upoii motioii by Councilwoman Creech, secotided by Councilman Baum, City Council
ADOPTED ati Ordinaiice APPOINTING VIEWERS in the petition of DEFORD, LTD.,
for the closure of a portion of South Kentucky Avenue (Kempsville Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 11-0
Council Members Votilig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Votiiig Nay:
Noiie
Couiicil Members Absent:
None
August 19, 1985
GROVER C. WRIGHT, JR.
ATTORNFY ANI) COIJNSEI,I,OR AT LAW, P. C.
SII.T. :I.tl TO@FR
@3311 PA--C -ENUL
VIR('.INIA BEA(',II,VIRC',INIA 2:34i-,I@
PO.T O-.CE BOX 51
July 16, 1985 AREA CO.. 811. @..-214@
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for DeFord,
LiMited, do hereby certify that:
1. I am an attorney at law and represent DeFord,
Limited, the petitioner.
2. If the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said property will
vest in the adjacent landowners, respectively.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
that part of South Kentucky Avenue adjoining
Lots 12 through 21, inclusive, and designated
as "0.290 Acre", as shown on plat entitled
"Plat Showing A Portion of South Kentucky
Avenue to Be Closed for DeFord, Limited,
Kempsville Borough, Virginia Beach, Virginia",
made by John E. Sirine and Associates, Ltd.,
dated June, 1985, which plat is attached to
the ordinance of vacation from the City of
Virginia Beach, Virginia, to DeFord, Limited,
and is to be recorded therewith in the Clerk's
office of the Circuit Court of the City of
Virginia Beach, Virgi
r C.
ORDINANCE APPOINTING VIEWERS
WHEREAS, DEFORD, LIMITED has given due and proper
notice in accord with law that it would, on the 19thday of
Auqust , 1985, apply to the city council of the City of
virginia Beach, Virginia, for the appointment of viewers to
vi-ew the below-described portion of South Kentucky Avenue,
in Kempsville Borough, in the City of Virginia Beach,
virginia, and to report in writing to this Council whether,
in the opinion of said viewers any, and if any, what
inconvenience would result from the discontinuance, closure
and abandonment of said portion of South Kentucky Avenue;
and
WHEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that Robert J. Scott
David M. Grochmal and C. Oral Lambert, Jr. be
and each of them is hereby appointed to view that certain
portion of South Kentucky Avenue as shown on plat entitled
"Plat Showing A Portion Of South Kentucky Avenue to Be
Closed", for DeFord, Limited, Kempsville Borough, virginia
Beach, Virginia, made by John E. Sirine And Associates,
Ltd., dated June, 1985, which plat is attached to the
ordinance of vacation to be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
GROVI'R C. WRIGIIT,,JR.
Virginia, and said viewers shall report in writing to this
Council on or before , 1985, at 2:00
p.m., whether in their opinion any, and if any, what
inconvenience would result to the public from the
discontinuance, vacation and abandonment of said portion of
Sc,uth Kentucky Avenue.
IN THE MATTER OF THE APPLICATION OF
DeFORD, LIMITED, FOR THE CLOSURE,
VACATION AND DISCONTINUANCE OF A
PORTION OF SOUTH KENTUCKY AVENUE, IN
KEMPSVILLE BOROUGH, ON PLAT ENTITLED
"PLAT SHOWING A PORTION OF SOUTH
KENTUCKY AVENUE TO BE CLOSED FOR
DeFORD, LIMITED", VIRGINIA BEACH,
VIRGINIA
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioner, the applicant, DeFord, Limited
who owns the property on the eastern side adjoining that
portion of South Kentucky Avenue, as shown on "Plat Showing
A Portion of South Kentucky Avenue to be Closed for DeFord,
Limited", dated June, 1985, attached to the ordinance of
vacation herein and to be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
hereby applies for the vacation, closing and discontinuance
of that portion of South Kentucky Avenue shown on the
aforesaid plat.
Your petitioner and applicant alleges that no
inconvenience wili result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portion of South Kentucky Avenue sought
to be closed and report in writing to the Council as to
whether in the opinion of the viewers what inconvenience, if
any, would result from the discontinuance and closure as
herein sought, at which time the petitioner will ask for
GROVER C. WRIGIIT,,Jl?.
@TTO ... @.1.1
passage of an ordinance vacating the portion of South
Kentucky Avenue sought to be closed herein.
On July 28 -, 1985, and on August 6
1985, notice of intention to apply for such vacation to the
council was published as required by law in the BEACON,a
newspaper published or generally circulated in Virginia
Beach, Virginia.
Respectfully submitted,
DeFORD, L@ITED
By
b
- 39 -
Item II-M.13
CONSENT AGENDA ITEM # 24089
UPon motion by Councilwoman Creech, seconded bY Councilman Baum, City Cou.cil
APPROVED the LOW BID of SHENANDOAH MEDICAL SUPPLY, INC., in the amount of
$45,541.95 for HUMAN RESOURCES BUILDING RENOVATION - Medical Funishings and
Equipment (CIP 3-938); AND, AUTHORIZED the City Manager to etiter into the
necessary agreements for the implementation of this project.
Voting: 11-0
Council Members Voting Ay,2:
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. McClanati, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Ab.ent:
None
August 19, 1985
- 40 -
Item 11-M.14
CONSENT AGENDA ITEM # 24090
Upon motion by Councilwoman Creech, secoiided by Councilman Baum, City Council
APPROVED the following RAFFLE PERMIT:
VIRGINIA BEACH GENERAL HOSPITAL AUXILIARY
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., Loilis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf
Council Members Voting Nay:
None
Couiicil Members Absent:
None
August 19, 1985
- 41 -
Item II-m-15
CONSNET AGENDA ITEM # 24091
Upon motion by Councilwoman Creech, seconded by Counqilwoman Baum, City Council
ADOPTED an Ordinance authorizing License Refunds in the amount of $8,463.67
upon application of Certain Persons and upon certification of the Commissioner
of the Revenue.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Pentress, 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
August 19, 1985
FORM NO. C.A. 5
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Chamar, Inc.
T/A The Great Big Green House
& Nursery
5405 E. Indian River Rd.
Va. Beach, VA 23464 1984 Audit 916.94 916.94
EDB Construction Co., Inc.
4320 Lookout Road
Va. Beach, VA 23455 1983/84 Audit 20.41 20.41
Evans, Dean R.
3477 Glen Ardon Road
Va. Beach, VA 23462 1985 5/2/85 11.03 11.03
Certified as to Payment:
an
Approved as to form:
J. Date Bimson
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling - $948 . 38-- were approved by the Council
of the City of Virginia Beach on the-.- 19 day of August 19- 85
Ruth Hodges Smith
City Clerk
FOHM NU, C.A. 0
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Harper, James E.
3121 Basin Road
Va. Beach, VA 23451 1980/84 Audit 201.00 201.00
Harrison Enterprises, Inc.
T/A Certified Welding Co.
105-B S. Witchduck Rd., S-306
Va. Beach, VA 23462 1982/83 Audit 33.60 33.60
Holiday Sands, ine.
llth & Atlantic Ave.
Va. Beach, VA 23451 1982/83 Audit 214.46 214.46
Certified as to Payment:
an
Approved as to form:,,
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $449 . 06 were approved by the Council
of the City of Virginia Beach on the ----19- day of Ajgust
Ruth Hodges Smith
City Clerk
FORM NO. C.A. a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Jamison, Alvin L.
T/A A & B Enterprises
313 Grebe Crescent
Va. Beach, VA 23456 1984 Audit 229.75 229.75
J & L Distributors, Inc.
1335 Lindale Dr.
Va. Beach, VA 23320 1984 Audit 699.97 699.97
M. D. Butterfield Associates, Ltd.
2725-A Gator Street
Va. Beach, VA 23453 1983/84 Audit 451.28 451.28
Certified as to Payment:
an
Approved as to form:
ate s
This ordinance shall be effective from date of ty A ..y
adoption.
The above abatement(s) totaling -$1,381. 00 were approved by the Council
19 August 85
of the City of Virginia Beach on the - day of- 19--
Ruth Hodges Smith
City Clerk
FORM NO. C... a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
McGraw, F. William, Jr.
P. 0. Box 8273
Va. Beach, VA 23450-8273 1983/84 Audit 70.46 70.46
Parker, Raynor T.
T/A Lynnhaven Boat Works
2102 N. Great Neck Rd.
Va. Beach, VA 23451 1982/84 Audit 242.52 242.52
Pick, Ralph & Strickland, K. S.
T/A Commonwealth Construction
892 LeCove Drive
Va. Beach, VA 23464 1982/83 Audit 214.94 214.94
Certified as to Payment:
an
Approved as to forqi:
D
This ordinance shall be effective from date of 't
adoption.
The above abatement(s) totaling $5--27 . 92 -- were approved by the Councii
of the City of Virginia Beach on the - 19 day of Au@u s t--
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 0
AN ORDINANCE AUTHORIZING LICENSE RR:FUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Chesapeake Auto Supply
Va. Beach, Inc.
200 West 21st Street
Norfolk, VA 23517 1982/83 Audit 36.99 36.99
CITGO Petroleum Corp.
T/A Sears Gas
P. 0. Box 3758
Tulsa, OK 74102 1983/84 Audit 485.34 485.34
Dills, Michael
Route 4, Box 886
High Point, NC 27263 1985 05/01/85 416.66 416.66
Certified as to Payment:
han
Approv as to form:r
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling, $ 9 3 8. 9 9 were approved by the Council
of the City of Virginia Beach on the --- 19- day of --- August: 19 85-.
Ruth Hodges Smith
Ci ty Clerk
FORM NO. C@.. a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Aqua Sports, Inc.
T/A A-Water Boggan
4164 Va. Beach Blvd.
Va. Beach, VA 23452 1983/85 Audit 2,570.84 2,570.84
Arrowhead Servicenter, Inc.
T/A Arrowhead Union 76
2697 International Pkwy., S-205
Va. Beach, VA 23452 1983/84 Audit 387.05 387.05
Century-21 All Pro Realty
4656-A Haygood Road
Va. Beach, VA 23455 1984 Audit 1,260.43 1,260.03
Certified as to Payment:
Approvgd as to fprm:
This ordinance shall be effective from date of ity Attorney
adoption.
The above abatement(s) totaling 4@,2 8.32 were approved by the Council
19 August 85
of the City of Virginia Beach on the -- - day of - ----- 14-
Ruth Hodges Smith
City Clerk
- 42 -
Item II-N.l.
APPOINTMENTS ITEM # 24092
By CONSENSUS, City Council CONFIRMED the REAPPOINTMENT by Sheriff Smith
of Richard Taylor to the COMMUNITY CORRECTIONS RESOURCE BOARD for a
period of two years beginning September 1, 1985 to August 31, 1987.
August 19, 1985
- 43 -
Item II-N.2
APPOINTMENTS ITEM # 24093
Upon motion by Councilman Fentress, City Council REAPPOINTED the following
to the VIRGINIA BEACH DEVELOPMENT AUTHORITY:
Lawrence L. Joyner
Frederick W. Twyman, Ill
(Four (4) year terms from September 1, 1985 to August 31, 1989.)
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
August 19, 1985
- 44 -
Item II-N.3
APPOINTMENTS ITEM # 24094
By CONSENSUS, City Council RESCHEDULED Appointments for the following:
PUBLIC LIBRARY BOARD
August 19, 1985
- 45 -
Item II-0.1.
UNFINISHED BUSINESS ITEM # 24095
MODIFICATIONS TO DEVELOPMENT PLAN/
GRAYSON WHITEHURST., JR., AND DR. LEVI OLD.
Timothy E. Barrow, A.I.C.P, represented the applicants. (Copy of his letter to
Robert Scott, outlining proposed MODIFICATIONS is hereby made a part of the
record).
Councilmaii Jennings referenced a conversation with Dr. Abbot Granoff of the
Great Neck Association of Civic Leagues coiicerning these MODIFICATIONS.
Upon motioii by Councilman Jenniiigs, 5econded by Councilwoman Oberndorf, City
Council DEFERRED for one week until the City Council Meeting of August 26, 1985,
MODIFICATIONS TO DEVELOPMENT PLAN: PROPERTIES OF GRAYSON WHITEHURST, JR., AND
DR. LEVI OLD. These applications had been APPROVED by City Council on October
15, 1984,
This DEFERRAL was to enable the surrounding Civic Leagues to be advised of these
MODIFICATIONS.
Mr. Barrow will distribute copies of the ORIGINAL SITE PLAN, AND MODIFICATIONS to
said SITE PLAN to City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, 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., aiid Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None August 19, 1985
- 46 -
Item II-P.1
NEW BUSINESS ITEM # 24096
ALBERT JENSEN ENCROACHRENT
Attorney R. J. Nutter represented the applicant and presented a letter dated
August 14, 1985, from Gary M. Price, Coastal Zoning Inspector, advising the
walkway and sandfill proposed was exempt from the WETLANDS BOARD's juris-
diction, a petition from adjacent residents stating they have no OPPOSITION
to said application as well as a Memorandum from Assistant City Attorney
David Hay (said documents are hereby made a part of the record).
Albert Jensen, the applicant, represented himself
Pat Jaiiezeck, Zoning Administrator, also spoke concerning this appli-
cation
Commander Jon Vincent Shay, a resident of Croatan Beach, spoke in OPPOSITON to
this ENCROACHMENT
Colonel Henry A. Beuke, Vice President of the South Rudee Shores Civic League,
also spoke in OPPOSITION.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council agreed to RECONSIDER a temporary ENCROACEMENT into a portion of the
right-of-way known as an UNANMED 15 foot alley at CROATAN BEACH to ALBERT
JENSEN, his heirs, assigns, and successors in title. This Ordinance had
been DENIED by City Council on August 12, 1985.
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
A,, st 19, 1985
- 47 -
Item II-P.1
NEW BUSINESS ITEM # 24097
ALBERT JENSEN ENCROACHMENT
Upoti motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED an Ordinarice to Authorize a Temporary ENCROACHMENT into a portion of
the right-of-way known as an unnamed 15-foot alley at CROATAN BEACH to ALBERT
JENSEN, his heirs, assigns and successors iii title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment wheu
notified by the City, at iio expelise to the City.
2. The owner agrees to keep atid hold the City free and
harmless of any liability as a result of the en-
crochment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner agrees that no portion of the walkway
shall exceed sixteen itiches above the existing
grade.
5. This eiicrochment shall not be in effect until an
agreement has been executed encompassing the above
conditioiis.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischobet, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
Aijgust 19, 1985
- 47a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY KNOWN AS AN UNNAMED 15
FOOT ALLEY AT CROATAN BEACH TO ALBERT
JENSEN, HIS HEIRS, ASSIGNS AND
SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Albert Jensen, his heirs, assigns and successors in
title are authorized to construct and maintain a temporary
encroachment into the right-of-way known as an unnamed 15 foot
alley at Croatan Beach.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a wooden walkway
to preserve the existing sand dune 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 right-of-way known as an
unnamed 15 foot alley at Croatan Beach,
on the certain plat entitled: 'SITE PLAN
LOTS 8 & 20 BLOCK 20 CROATAN BEACH MB 24
P. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH,
VA. SCALE 1"=301 13 APRIL 1984 REV. 2
MAY, 1984 REV. 11 JULY 1984 MADE FOR
ALBERT N. and DIANA H. JENSEN REV: 22
APRIL 1985 NEW OWNERS HOUSE SIZE
DECREASED,' a copy of which is on file in
the Department of Public Work 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 Albert Jensen, his 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
right-of-way known as an unnamed 15 foot alley at Croatan Beach
August 19, 1985
-47b -
and that Albert Jensen, his heirs, assigns and successors in
title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Albert Jensen, his 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 Albert Jensen 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 19day of August 1 985
GLF/rab
7/11/85
(29)
DEP'AklMiNT
A@PROVED AS T@C@.1
'y
CIT
Y ATII";@,
-2-
August 19, 1985
- 48 -
Item II-P.2
NEW BUSINESS ITEM # 24098
ADD/ON
NEWSPAPER ARTICLE
Councilman Robert Jones referenced an article iii the VIRGINIA-PILOT on
Wednesday, August 14, 1985,entitled: "Official Tried to Negotiate Sale
of Land".
Councilman Jones advised this article was completely false.
August 19, 1985