MAY 6, 1985 MINUTES
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MAYOR HAROLD "MCHOBEA At L-P
VICE MAYOR M" S MXMNAN, P-.. A- @k
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may 6, 1985
Virginia Beach City Council
FY 85 - 86 Budget Reconciliation - Conference Room 10:00 AM
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 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 Chaubers - 2 PM
A. INVOCATION: Captain Aldon E. Purdham
Chaplain, Oceana Air Station
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
ITEM 11.
F. MINUTES
1. Motion to accept/approve the Minutes of April 22, 1985.
G. PROCLAMATION
1. Vietnam Veteran's Day - May 7, 1985
2. Mental Health Month - May, 1985
3. National High Blood Pressure Month - May, 1985
H. PLANNING
1. Application of Nick Karavolos for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide a 21,780-square foot (.500
acre) parcel into two lots. The site is located on the south
side of Lookout Road, 440 feet west of Lee Avenue (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
2. Application of E. B. Cross for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide two existing parcels, C-2
and C-3, totalling 58,191 square feet (1.336 acres) into six
lots. The site is located on the east side of Oceana
Boulevard, 450 feet north of Southern Boulevard (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of George Dragas, Jr. for a conditional use
permit for a marina-pier on a 20,734.56-square foot parcel
located on the west side of Dare Drive, north of Croatan
Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
4. Request of Aqua Sports, Inc. (successor by merger to West
Neck Enterprises, Inc.) for amendment to a conditional use
permit approved July 5, 1983, in the application of Weat
Neck Enterperises, Inc. T/A Jungle Falls Carnival Park.
This 9.31-acre parcel is located along the west side of
General Booth Boulevard, north of South Birdneck Road
(Lynnhaven Borough).
(City Council voted April 8, 1985, to consider this
amendment.)
ITEM 11. (Continued)
H. 5. Application of Eric C. Smith for a conditional use permit
for sales and service of four-vheel drive vehicles on a
10,500-square foot parcel located at the southeast corner of
Elam Avenue and Newtown Road (Bayside Borough).
6- a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Off-Price Mall Associates II for a change of
zoning from B-2 Community-Business District to A-2 Apartment
District on a 26,396-acre parcel located on the east side of
Village Drive, south of Laskin Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
7. Application of Moore Farm Associates for a change of zoniae
from R-5 Residential District to B-2 Community-Business
District on a 27.5-acre parcel;
change of zoning from R-1 Residential District to R-8
Residential District on an 8.3-acre parcel;
change of zoning from R-5 Residential District to R-8
Residential District on a 57.9-acre parcel;
AND,
a change of zonine, from R-8 Residential District to PD-H2
Planned Unit Development District on a 66.2-acre parcel.
This undeveloped site is located at the northeast corner of
Diamond Springs Road Extended and Proposed Haygood Road
(Bayside Borough).
a. Letter from the City Manager tranamits the
recommendation of the Planning Commission
to allow withdrawal.
8. Application of Theodore A. Boyce for a change of zoninf, from
R-8 Residential District to B-2 Community-Business District
on a 6,670-square foot parcel located at the southwest
corner of Stratford Road and Albemarle Avenue (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
9. Request of the City of Virginia Beach for a Resolution to
amend the Comprehensive Plan dated January 23, 1985,
regarding commercial development in the General Booth
Boulevard area.
This request was deferred April 15, 1985, until May 6,
1985.)
a. Letter from the City 14anager transmits the
recommendation of the Planning Commission
for approval.
ITEM ii. 1. ORDINANCES
1. Proposed Ordinances for Fiscal Year 1985-86 Operating
Budget:
a. Ordinance, on FIRST READING, making appropriations for
the fiscal year beginning July 1, 1985 and ending June
30, 1986 in the sum of Three Hundred Eighty-Seven
Million, Eight Hundred Nine Thousand, Four Hundred Three
Dollars ($387,809,403) for Operations and One Hundred
Twenty-Five Million, Five Hundred Sixty-Six Thousand,
One Hundred Ninety-Five Dollars ($125,566,195) in
Interfund Transfers and regulating the payment of money
out of the City Treasury, as amended.
b. Ordinance, on FIRST READING, establishing the tax levy
of real estate for Tax Fiscal Year 1986.
c. Ordinance, on FIRST READING, establishing the tax levy
on personal property and machinery and tools for the
Calendar Year 1986.
d. Ordinance to amend and reordain Section 35-181 and add
Section 35-183.1 to Chapter 35, Article VIII of the Code
of the City of Virginia Beach, Virginia, pertaining to
Admissions Tax.
2. Ordinance to amend and reordain Chapter 10, Sections 10.1
and 10.2 of the Code of the City of Virginia Beach
pertaining to Election Districts and Voting Places within
the City of Virginia Beach.
J. 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 inotion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution authorizing the City Manager to execute an
amendment to the franchise agreement between the City of
Virginia Beach and the Virginia Beach Fishing Pier, Inc.
and Virginia Beach Amusement Cospany, dated May 14, 1982.
2. Ordinance to amend and reordain Section 17-19(a) of
Chapter 17 of the Code of the City of Virginia Beach
pertaining to the assessment for the use of the Public
Law Library.
3. Ordinance to transfer funds of $205.00 from the Water and
Sewer Fund's reserve for contingencies to the
Administration Division for reimbursement of legal
expenses incurred by a city employee in the performance
of her duties.
4. Ordinance to authorize a temporary encroachment onto city
property known as Linkhorn Neighborhood Park to William
B. Dotson and Virginia A. Dotson, their heirs, assigns
and successors in title.
5. Low Bid of McKenzie Construction Corporation in the
amount of $207,800.00 for the LandgtoWn Shop Isprovements
- Water Pump Shop Project; AND, authorize City Manager to
nenter into the necessary agreements for the
implementation of this project.
ITEM II. J. (Continued)
6. Low Bid of Healthco Dental Supply in the amount of
$109,965.83 for the Human Resources Buildirig-Dental
Equipment Project; AND, authorize City Manager to enter
into the necessary agreements for the implementation of
this project.
Low bid of Richard Beach Builder, Inc. in the amount of
$622,056.00 for the Woodstock Park Project; AND,
authorize City Manager to enter into the necessary
6m agreements for the implementation of this project.
8. Bingo/Raffle permit:
UnitedFilipino's Organization Bingo/Raffle
Princess Anne Rotary Club Raffle
9. Request of the City Treasurer for tax refunds in the
amount of $568.11.
K. UNFINISHED BUSINESS
1. Request of Raven Restaurant to encroach into portions of
the City's right-of-ways of Atlantic Avenue and 12th
Street.
(This item was deferred on April 15, 1985, until May 6,
1985.)
2. United Way Fanily Center: Tax Exempt Status--Sponsored
by Councilwoman Barbara Henley
3. Transfer Station Location
L. NEW BUSINESS
1. Presentation regarding AICUZ Consultant
2. Hypertension Control Program - Virginia Beach Public
Health Department
M. ADJOURNMENT
1. motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 6, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Vice Mayor Reba S. McClanan in the Conference Room, City
Hall Building, on Monday, May 6, 1985, at 12:30 in the afternoon.
Council Members Present:
John A. Baum, Naiicy A. Creech, Robert E. Fentress
Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
Mayor Harold Heischober, Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Mayor Harold Heischober was out of the City due to a death in the family.
Councilmati Robert Jones entered the EXECUTIVE SESSION at 1:05 p.m.
Councilman J. Henry McCoy eiitered the EXECUTIVE SESSION at 12:35 p.m.
May 6, 1985
- 2 -
ITEM # 23550
Vice Mayor McClanan entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended for
the following purposes:
1. PERSONNEL MATTERS: Disucssion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, discipliiiing 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 owiied or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
Voring; 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober, Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
May 6, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 6, 1985
2:10 p.m.
Vice Mayor McClanan called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, May 6,
1985, at 2:10 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Mayor Harold Heischober
INVOCATION: Captain Aldon E. Purdham
Chaplain
Oceana Air Station
PLEDGE OF ALLEG@CE TO THE FLAG OF THE UNITED STATES OF AMERICA-
May 6, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item 11-D.1
CONSENT AGENDA
LANDSTOWN SHOP IMPROVEMENTS
WATER PUMP SHOP PROJECT ITEM # 23551
Councilman Louis Jones referenced the Low Bid of MCKENZIE CONSTRUCTION CORP-
ORATION in the amount of $207,800.00 for the LANDSTOWN SHOP IMPROVEMENTS -
WATER PUMP SHOP PROJECT (See Item II-J.5 of the Consent Agenda).
The City Manager advised this entailed the shop for repairs and maintenance,
not the pump station.
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
TRANSFER STATION LOCATION ITEM # 23552
The City Manager referenced the item concerning TRANSFER STATION LOCATION
(See Item II-K.3 of UNFINISHED BUSINESS).
Durwood Curling, Executive Director of the SOUTHEASTERN PUBLIC SERVICE
AUTHORITY, had inquired of the City Manager whether Council might DEFER
consideration of the TRANSFER STATION LOCATION.
The SOUTHEASTERN PUBLIC SERVICE AUTHORITY would like to review the OPTIONS
proposed by the City Staff and determine if there are other options SPSA can
suggest.
item II-E.2
UNITED WAY FAMILY CENTER ITEM # 23553
Councilwoman Henley referenced item concerning the UNITED WAY FAMILY CENTER,
TAX EXEMPT STATUS (See Item II-K.2 of UNFINISHED BUSINESS).
Councilwoman Henley advised this item will be addressed ADMINISTRATIVELY
by the City Assessor.
May 6, 1985
5
Item II-F. I
MINUT$S ITEM # 23554
Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City
Council APPROVED the MINUTES of April 22, 1985.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jenniags, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
6
Item II-G. I
PROCLAMATION ITEM # 23555
Mayor Heischober PROCLAIMED Tuesday, May 7, 1985 as:
VIETNAM VETERANS DAY
Vice Mayor McClanan read and presented the PROCLAMATION in Mayor Heischober's
absence.
This PROCLAMATION was accepted by Peter Bunting, President of the Tidewater
Chapter of Vietnam Veterans of America.
This PROCLAMATION recognized the brave men and women who served in VIETNAM.
May 6, 1985
- 6a -
4b
rojctttm;attjon
WHEREAS, the greatest examples of courage are to be found in the self-sacrifice
young men and women offer an behalf of their country; and
WHEREAS, our nation's involvement in the war in Vietnam was a long, bitter, and
unpopular struggle; and the dedication and heroism of the men and women of our armed
forces who answered their country's call to that conflict were as great as the spirit
of self-sacrifice other Americans have taken to all wars that have challenged our
Republic to defend freedom; and
WHEREAS, the American people and Virginia Beach citizens feel an enduring and
profound gratitude for those Americans who died in Vietnam, for those who returned
to carry the physical and mental scars of that war, and for all those Americans who
served their country and risked their lives defending in Vietnam the principles of
freedom we cherish; and
WHEREAS, to honor and to remember our Vietnam Veterans must remain among our
highest obligations as Americans.
NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim Tuesday, May 7, 1985 as
VIETNAM VETERANS DAY
in Virginia Beach and call upon our citizens to salule the brave men and women who
served in Vietnam.
Given under my hand and seal this sixth day of May, nineteen hundred and eighty-
five.
Mayor
May 6, 1985
7
Item II-G.2
PROCLAMATION ITEM # 23556
Mayor Heischober PROCLAIMED the month of May 1985 as:
MENTAL HEALTH MONTH
Vice Mayor McClanan read and presented the PROCLAMATION in Mayor Heischober's
absence.
This PROCLAMATION was accepted by William 0. Haltman, Chairman of the Community
Services Board. Dr. Dennis Wool, Executive Director of the Community Services
Board, was also in attendance.
This PROCLAMATION recognized the accessibility of quality, community-based
mental health services to the citizens of Virginia Beach.
May 6, 1985
- 7a
WHEREAS, in 1963 Congress enacted the Community Mental Health Center Act enabling
community mental heallh centers to provide comprehensive community-based services to
all persons regardless of abilily to pay; and
WHEREAS, in one out of every three American families there is a member with some
type of mental illness, and 20@. of our population is in need of some form of mental
health treatment at any one time; and
WHEREAS, there are more than 2,000 community mental health centers and clinics
serving some five million people nationwide; and
WHEREAS, community health centers have as an integral component the involvement
of local citizens who ensure that the mental health needs of the community are being
met; and
WHEREAS, community mental health centers serve an increasing number of patients/
clients with serious mental illnesses, including schizophrenia and depression who
account for almost one-third of the CMHC patient caseload across the country; and
WHEREAS, community mental health centers have significantly reduced admission
rates to state institutions, decreasing per capita costs for mental health services;
and
WHEREAS, Comprehensive Mental Health Services of the Virginia Beach Community
Services Board has significantly enhanced the accessibility of quality, community-based
mental health services to the citizens of Virginia Beach.
NOW, THEREFORE, 1, Harold Heischober, Mayor of the City of Virginia Beach, do
hereby proclaim the month of May 1985 as
MENTAL HEALTH MONTH
and urge all citizens to observe this month with appropriate community programs, cere-
monies, and activities.
Given under my hand and seal this sixth day of May, nineteen hundred and eighty-five.
I
Haro.
Mayor
May 6, 1985
8
Item II-G.3
PROCLAMATION ITEM 23557
Mayor Heischober PROCLAIMED the month of May 1985 as:
NATIONAL HIGH BLOOD PRESSURE MONTH
Vice Mayor McClaiian read and presented the PROCLAMTION in Mayor Heischober's
absence.
This PROCLAMATION was accepted by Dr. George Sjolund, Director of the City's
Health Department, Bernice Daughterty, Hypertension Patient Educator, Beth
Somers, Nursing Supervisor, and Norman O'Reilly, Hypertension Coordinator.
This PROCLAMATION urged all civic, scientific, medical, educational, voluntary,
a@id health care organizations and professionals to educate the public, patients
and health care professionals in the detection, treatment and control of
HIGH BLOOD PRESSURE.
May 6, 1985
- 8a
WHEREAS, high blood pressure is a major cause of cardiovascular and
related diseases, contributing to more than 770,000 deaths annually; and
WHEREAS, great progress has been made during the past 10-12 years
in publicizing the dangers of uncontrolled high blood pressure and fos-
tering improved control of the disease; and
WHEREAS, the thousands of national and local organizations and groups
that work for high blood pressure control can be justifiably proud of the
gratifying results they have helped to achieve; and
WHEREAS, a national survey has shown that more than 90 percent of
adult Americans know that high blood pressure is a serious disease that
cannot be cured, only controlled by continued treatment; and
WHEREAS, an estimated 60 million Americans have high blood pressure
and, although three of four persons with hypertension are aware of their
condition, surveys show that only one in three is satisfactorily control-
ling the condition; and
WHEREAS, people with uncontrolled high blood pressure risk premature
illness or death from coronary heart disease, stroke, or kidney failure;
and people who effectively control the condition can lead normal, healthy
lives.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia
Beach, do hereby proclaim the month of May 1985 as
NATIONAL HIGH BLOOD PRESSURE MONIH
in Virginia Beach and strongly urge all civic, scientific, medical, educa-
tional, voluntary, and health care organizations and professionals to join
me in using this month--and the months and years to come--to educate the
public, patients, and health care professionals in the detection, treat-
ment, and control of high blood pressure; and furthermore, I strongly urge
you, my fellow citizens, to have your blood pressure checked regularly and,
if it is high, seek and follow your physician's advice.
Given under my hand and seal this sixth day of May, nineteen hundred
and eighty-five.
)ber
Mayor
May 6, 1985
9
Item 11-H.1
PLANNlNG ITEM # 23558
Attorney Robert Cromwell represented the applicant
Marie Wood, adjacent property owner, spoke in opposition and distributed
photographs of applicant's property
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberadorf,
City Council DENIED the application of NICK KARAVOLOS for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decision of Administrative Officers in re-
gard to certain elements of the Subdivision Ordinance,
Subdivisioa for Nick Karavolos. Parcel located on the
south side of Lookout Road, 440 feet west of Lee Avenue.
Plats with more detailed information are available in
the Department of Planning. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Henley, H. Jack Jeiinings, 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:
Mayor Harold Heischober
May 6, 1985
- 10 -
Item II-H.2
PLANNING ITEM # 23559
Attorney William E. Culverhouse represented the applicant
A motion was made by Councilman Jennings, seconded by Councilman McCoy,
to APPROVE the application of E. B. CROSS for a Variance to Section 4.4(b)
of the Subdivision ordinance which requires that lot dimensions conform to
the Comprehensive Zoning Ordinance. The applicant wishes to subdivide two
existing parcels, C-2 and C-3, totalling 58,191 square feet (1.336 acres)
into six lots. The site is located on the east side of Oceana Boulevard,
450 feet north of Southern Boulevard (Lynnhaven Borough).
Voting: 3-7 (MOTION TO APPROVE LOST)
Council Members Voting Aye:
H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, Louis R. Jones, Robert G. Jones,
and Meyera E. Oberndorf
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
Item II-H.2
PLANNING ITEM 23559 (Continued)
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council DENIED the application of E. B. Cross 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-
naiice, Subdivision for E. B. Cross. Parcel located
on the east side of North Oceana Boulevard, 450 feet
more or less north of Southern Boulevard. Plats with
more detailed information are available in the De-
partment of Planning. LYNNIIAVEN BOROUGH.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Vice Mayor Reba S.
McClanan, Barbara M. Henley, Louis R. Jones, Robert
G. Jones, and Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, H. Jack Jennings, Jr., and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
- 12 -
Item 11-H.3
PLANNING ITEM # 23560
The City Clerk advised applicant had requested withdrawal of the
application of George Dragas, Jr., for a Conditional Use Permit
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of GEORGE
DRAGAS, JR., for a Conditioiial Use Permit as per the following:
ORDINANCE UPON APPLICATION OE GEORGE DRAGAS,JR.,
FOR A CONDITIONAL USE PERMIT FOR A MARINA - PIER
Ordinance upon application of George Dragas, Jr.,
for a Conditonal Use Permit for a marina - pier on
certain property located on the west side of Dare
Drive, 699.84 feet north of Croatan Road. Said
parcel is located at 545 Dare Drive and contains
20,734.56 square feet. Plats with more detailed
information are available in the Department of
Planning. LYNNIIAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 13 -
Item IT-H-4
PLANNING ITEM # 23561
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Couacilman Fentress, CitY
Council APPROVED an AMENDMENT to a Conditional Use Permit as per the request
.f AQUA SPORTS, INC. (successor by merger to West Neck Enterprises, Inc.)
0. July 5, 1983 City Council APPROVED the request of WEST NECK ENTERPRISES,
INC., t/a JUNGLE FALLS CARNIVAL PARK for a Conditional Use Permit for a
recreational facility of an outdoor nature on a 9.31-acre parcel located
along the west side of General Booth Boulevard, north of South Birdneck
Road (Lynnhaven Borough).
The Co,idition to be AMENDED is as follows;
"Additional parking as determined by the Planning Staff
so that all required parking is on the subject site and
none is on the adjacent state property."
This Conditioii is hereby AMENDED to allow off-site parkiiig.
Voting; 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Healey, 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. Oberndarf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober May 6, 1985
- 14 -
Item 11-H.5
P@,ANNING ITEM # 23562
Eric C. Smith, the applicant, represented himself
The City Clerk referenced letter from Commanding Officer L. F. Norton advising
of location of applicant's property within the AICUZ (said letter is hereby
made a part of the recard).
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon applicatioii of ERIC C. SMITH for a Conditional
Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ERIC C. SMITH FOR A
CONDITIONAL USE PERMIT FOR SALES-ANI) SERVICE OF
4-WHEEL VEHICLES R0585743
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Eric C. Smith for a
Conditional Use Permit for @dleft-an4 service of 4-
wheel vehicles on certain property located at the
southeast corner of Elam Avenue and Newtowii Road.
Said parcel is located at 5629 Elam Avetiue and
contains 10,500 square feet. Plats with more de-
tailed information are available in the Department
of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. All work shall be performed within a building. No
engine repair will be allowed
outside the building.
3. A buffer is to be provided along the rear property
line.
4. All lighting is to be directed toward the inside of
the site away from adjacent residential areas.
5. Hours of operation shall be from 9:00 a.m. to 5-36
7:00 p.m.
6. There will be no display or sale of vehicles on the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth of May, Nineteen Hundred and Eighty-five.
May 6, 1985
- 15 -
Item II-H.5
PLANNING II:EM # 23562 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
*Verbal aye
May 6, 1985
- 16 -
Item II-H.6
PLANNING ITEM # 23563
Attorney Glenn Croshaw represented th@ applicant and requested said application
be referred back to the Planning commission due to significant changes
The City Clerk referenced letter from Attorney Glenn R. Croshaw dated April 16,
1985, to the Planning Department requesting said application be referred
back to the Planning Commission.
The City Clerk also referenced letter from Commanding Officer L. F. Norton
advising of location of applicant's property within the AICUZ (said letter
is hereby made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City
Council REFERRED BACK TO THE PLANNING COMMISSION for further consideration an
Ordinance upon application of OFF-PRICE MALL ASSOCIATES II for a Change of Zoning
as per the following:
ORDINANCE UPON APPLICATION OF OFF-PRICE MALL ASSOCIATES
11, A VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 TO A-2
Ordinance upon application of Off-Price Mall Associates 11,
a Virginia General Partnership for a Change of Zoning Dis-
trict Classification from B-2 Community-Business District to
A-2 Apartment District on certain property located on the
east side of Village Drive, 700 feet more or less south of
Laskin Road. Said parcel contains 26.396 acres. Plats with
more detailed information are available in the Departmeiit of
Planniiig. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 17 -
Item 11-H.7
PLANNING ITEM # 23564
Attorney Robert Cromwell represented the applicant and requested this
application be referred back to the Planning Commission for review
as the applicants will be submitting a new plan. This application had
been filed prior to the Change in the Comprehensive Land Use Plan. The
PD-H2 Overlay will no longer be needed as the portions of property requested
to be rezoned R-8 Residential District will not exist. Density will be
limited to 3 units per acre. The WEBLIN HOUSE will be excluded from the new plan.
The applicants also wish to discuss a commercial request at the iotersection of
Haygood and Diamond Springs Road.
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council REFERRED BACK TO THE PLANNING COMMISSION for review of submittal of
a new plan the Ordinances upou application of MOORE FARM ASSOCIATES for Changes
of Zooing as per the following:
ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO B-2
Ordinance upon application of Moore Farm Associates
for a Change of Zoning District Classification from
R-5 Residential District to B-2 Community -Business
District on certain property located at the northeast
corner of Diamond Springs Road and Haygood Road (Pro-
posed). Said parcel contains 27.5 acres. Plats with
more detailed information are available in the De-
partment of Planning. BAYSIDE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES
FOR A C@TIGE OF ZONING DISTRICT CLASSIFICATION FROM R-1
TO R-8
Ordinance upon application of Moore Farm Associates for a
Change of Zoning District Classification from R-1 Resi-
dential District to R-8 Resideiitial District oii certain
property located 360 feet more or less east of Diamond
Springs Road, 1530 feet more or less ilorth of Haygood Road
(Proposed). Said parcel contains 8.3 acres. Plats with
more detiled inforlnatiod are available in the Department
of Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO R-8
Ordinance upon applicatiori of Moore Farm Associates for
a Change of Zoning District Classification from R-5
Residential to R-8 Residential District on certain
property located 510 feet more or less east of Diamond
Springs Road, 500 feet more or less north of Haygood
Road (Proposed). Said parcel contains 57.9 acres.
Plats with more detailed iiiformation are available iii
the Department of Planning. BAYSIDE BOROUGH.
May 6, 1985
- 18 -
Item 11-H.7
PLANNING ITEM # 23564 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO PD-H2
Ordiiiaiice upon application of Moore Farm Associates for a
Change of Zoiiiiig District Classification from R-8 Resi-
dential District to PD-H2 Planiied Unit Developmelit oil
certain property located oii the east side of Diamond
Springs Road, north of Haygood Road (Proposed). Said
parcel coiitains 66.2 acres. Plats with more detailed
iiiformation are available iii the Department of Plannitig.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Barbara
M. Heiiley, H. Jack Jeiiniiigs, Jr., Louis R. Joiies, Robert G.
Jones, Vice Mayor Reba S. McClaiiaii, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Couiicil Members Votiiig Nay:
None
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
- 19 -
Item II-H.8
PLANNING ITEM # 23565
Theodore A. Boyce, the applicant, represented himself and requested WITHDRAWAL
of said application
Judy Conners, President of the Ocean Park Civic League, was in opposition to
the application but not the WITHDRAWAL
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of THEODORE A.
BOYCE for a Change of Zoning as per the following:
ORDINANCE UPON APPLLCATION OF THEODORE A. BOYCE FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8
TO B-2
Ordinance upon application of Theodore A. Boyce for
a Change of Zoning District Classification from R-8
Residentia District to B-2 Community-Business Dis-
ttict on certain property located at the southwest
corner of Stratford Road and Albemarle Avenue on Lot
6, Block 39, Section B, Ocean Park. Said parcel con-
tains 6,670 square feet. Plats with more detailed
information are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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: May 6, 1985
Mayor Harold Heischober
- 20 -
Item 11-H.9
PLANNING ITEM # 23566
The City Clerk noted opposition by telephone of the followiiig:
Chris Wright
Jaiiice Ludwig
William and Pat Haig
Sheridan Barber, President or the Virginia Beach Civic Coalition, spoke in
opposition to this Resolution
Michael Ludwig, registered, but did not speak
Barbara Ferguson, President of the Hunt Club Forest Civic Association
Lou Pace, represented Hunt Club Forest Civic Association and Virginia
Beach Civic Coalition
Attorney Glenn Croshaw represented a number of landowners along the
General Booth Corridor
Vice Mayor McClanan had submitted revisons to said Resolution to Members of
Couiicil (copy of said revisions are herby made a part of the record).
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council DEFERRED for review and redraftiiig the following:
RESOLUTION TO AMEND THE COMPREHENSIVE PLAN DATED
JANUARY 23, 1985, REGARDING COMMERCIAL DEVELOPMENT
IN THE GENERAL BOOTH BOULEVARD AREA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
May 6, 1985
Mayor Harold Heischober
- 21 -
Item II-I.I.a
ORDINANCES ITEM # 23567
FISCAL YEAR 1985-86 OPERATING BUDGET
The following spoke concerning the 1985-86 OPERATING BUDGET:
Dolores Delaney, parent of a fourteen year old public school
student, spoke in favor of the School Budget
Georgette Constant Davis, spoke iii favor of the merit increase, and
across-the-board pay increase for City Employees
John Moss, representing self, spoke in oppositioii to a portion
of the Budget and made a recommendation that School Board Budget
and City Manager's Budget be cut by $5 MILLION for a total of
$10 MILLION and these funds be spent for school and highway
construction
Pat Renno, registered to speak, but was not in attendance
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council APPROVED an Ordinance AS FTJRTHER AMENDED* as per the following:
ORDINANCE, ON FIRST READING, MAKING APPROPRIATIONS
FOR THE FISCAL YEAR BEGINNING JULY 1, 1985 AND ENDING
JUNE 30, 1986 IN THE SUM OF THREE HUNDRED EIGHTY-SEVEN
MILLION, EIGHT HUNDRED NINE THOUSAND, FOUR HUNDRED THREE
DOLLARS ($387,809,403) FOR OPERATIONS AND ONE HIJNDRED
TWENTY-FIVE MILLION, FIVE HUNDRED SIXTY-SIX THOUSAND,
ONE HUNDRED NINETY-FIVE DOLLARS ($125,566,195) IN
INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF
MONEY OUT OF THE CITY TREASURY, AS AMENDED.
*AMENDMENTS ARE HEREBY MADE A PART OF THE PROCEEDINGS
A payment of 5% across-the-board pay increase to City Employees effective
September 1, 1985.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, Louis R. Jones, Vice Mayor Reba
S. McClaDan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., and Robert G. Jones
Council Members Absent: May 6, 1985
Mayor Harold Heischober
21a -
CITY OF VIRGINIA BEACH, VIRGINIA
FY 1985-86 OPERATING BUDGET
SUMt4ARY OF OUTSTANDING ISSUES
School Operating Fund
Initially the School Board budget included a 7.5% across-the-
board salary increase with a one step merit for employees who
are on the same pay plan as City employees. Since the City
is recommending only a 5% across-the board pay increase with
a two step merit increase, the school in adjusting their pay
increase to the city's plan may reduce their budget. $ (200,000
General Fund
The budget request of $33,848 from the Endependence Center
was not received in time to be included in the proposed
budget. Without their request we budgeted $29,105 which is
the same amount granted to them in FY 1984-85. $ 4.743
Since we have not received a funding request from the
Committee for Intergovernmental Tax Equity for FY 1983-84
and FY 1984-85, we recommend deleting the amount budgeted in
FY 1985-86. $ (5,0001,
With Council's policy of reimbursing non-exempt charitable
organizations for real estate taxes due to the city, we
request the addition of funds to reimburse the Volunteers
of America agency. $ 5,500
In FY 1984-85 the city allocated $14,621 to support the
YMCA's Women-In-Crisis program. Because of time constraints,
their request of $16,200 for FY 1985-86 was not included in
the proposed budget. $ 16,200
The Virginia Beach Arts Center request supported by the
City for construction of the facility. The City Manager
has recommended a grant matching the State contributions
on a dollar to dollar basis. $ 1,500,000
The Veterans Memorial Committee requested a contribution
to support the construction of the memorial. $ 25,000
Council was concerned with the cost associated with the
following employee salary increases:
Across-the-Board (General Fund only) $ 4,000,000
Merit (General Fund only) $ 1,183,000
KAR/11 SUMMARYI
Council was concerned about the appropriation of funds $j 3,000,000
for accelerating capital projects when the projects
have yet to be identified.
A request was made to i@ude funding in the budget for
engineering of Phase I of the Burton Station capital
project.
Estimated Revenue
Council was concerned about the use of fund balance to $ 2,680,326
gupport the operating budget.
'5
- 21a - AS AMENDED
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YF,AR BFGTNNINC JULY 1, 1985 AND ENDING JUNE 30,
1986, IN THE SUM OF THREE HUNDRED EIGHTY-SEVEN
MILLION, EIGHT HUNDRED NINE THOUSAND, FOUR HUNDRED
THREE DOLLARS ($387,809,403) FOR OPERATIONS AND
ONF, HIINDRED Tt4ENTY-FIVE MILLION, FIVE HUNDRED
SIXTY-SIX THOUSAND, ONE HUNDRED NINETY-FIVE DOLLARS
($125,566,195) IN INTERFUND TRANSFERS AND REGNATING
THE PAYMENT OF MONFY OUT OF THE CITY TREASUAY,
AS AMENT)ED.
14HEREAS, the City Manager has heretofore submitted to the Council an Annual
Budget for the City for the fiscal year beginning July 1, 1985, and ending
June 30, 1986, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, @EREFORE, HE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRCTNTA:
Section 1. That the amounts named aggregating FIVE HUNDRED THIRTEEN
MIT@LTON, TMRFF, HUNT)RED SEVENTY-FIVE T.HOUSAND, FIVE HUNDRED NINETY-EIGHT DOLLARS
(@513,375,599) consisting of ONF, HIINDRED 'IWENTY-FIVE MILLTON, FIVE HUNDRED SIXTY-
STY THOUSAND, ONF BITNT)RED NINFTY-FIVE DOLLARS ($125,566,195) in interfund trans-
fers and THREE FTUNDRED FIGIITY-SEVEN MII,LTON, EIGHT HUNDRED NINE THOUSAND, FOUR
HUNDRED TRREE DOLLARS (@397,809,403) for operations or so much thereof as may be
necessary as set forth in the Annual Budget for the fiscal year 1985-86, are
hereby appropriated subject to the conditions hereafter set forth, for the year
1985-86, for the use of the several departments and specially designated funds of
tbe City rovernment, and for the purposes hereafter mentioned, as set forth in
said Annual Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 1985 and ending June 30, 1986 as follows:
Budget
Item of Expenditures 1985-1986
GFNF.RAL FTJND:
Legislative T)epartment:
Municipal Council $ 298,467
City Clerk 204,010
Total $ 502@477
Executive T)epartment:
City Manager $ 595,497
Public Information Office 268,813
Cable TV 269,312
Public Information Office - Operations 102PO13
Total it235,635
May 6, 1985
Budget
Ttem of Expenditures 1985-1986
GFNFRAL FUND:
Law I)epartment:
City Attorney $ 1,179,524
Finance Department:
Commissioner of the Revenue $ 1,640,646
Board of Equalization 12,770
City Real Estate Assegaor 995,569
Treasurer 1,954,685
Director of Finance:
Administration 273,279
Accounting 985,076
Payroll 184,357
Business License Audit 269,755
Tndependent Auditing 63,000
Purchasing 400,836
Total $ 6,779,973
PERSONNEL DFPAPTMFNT:
Administration $ 167,966
Employee Relations 190,690
Testing and Selection 227,709
Wage and Salary 224,565
Training 88,100
Total $ 899,030
Judicial Department:
Circuit Court $ 158,266
General I)istrict Court 41,839
Jiivenfle and Domestic Relations District Court 26,310
Ptiblic T)efender 10,000
Commonwealth's Attorney 1,227,476
Commonwealth's Attorney - Social Services Fraud 59,199
Consumer Protection 130,007
Sberiff's Office 604,482
Correctional Operations:
Court Support Services 398,370
Treatment 772,785
Citstodial 2,421,498
Clerk of the Circuit Court 328,144
Magistrates 15,044
Juvenil.e Probation:
Management and Support 554,393
Tntal-,e ITnit 296,710
T)iversion llnit 187,239
Field ljnits 660,522
Total $ 7,892,284
Health T)epartment:
Preventive Medicine $ 1,473,300
Occupational Health 270,693
Total $ 1,743,993
Social Services Department:
Director of Social Services $ 5,976,959
Public Assistance 1,692,500
"ospitalization 656,300
Total $ 8,325,759
-2-
Budget
Item of Expenditures 1985-1986
Police T)epartment:
Administration: $ 1,107,206
Police Chief's Staff 289,626
Planning and Analysis 448,867
Personnel and Training 2,041,970
Services
Uniform T)Ivision@ 44,983
Auxiliary Police 10,294,823
Patrol and Administrative stipport 3,273,955
S.P.O.T. 2,169,543
communicationr nivision 3,127,877
Investigative nivision 823,393
AniTnal control 8tooo
Medical Examiner
Total $ 23,630,243
Public W k, Deprtment:
Administration:
Director's office $ 193,322
335,996
Real rstate office 186,960
Business office
Highway Division: 650,502
Administration 987,218
Tnspections 5,090,858
Street Maintenance 1,632,274
Drainage Maintenance 1,485,617
Bridge Maintenance
r,ngineering Division: 267,593
Administration 376,117
Plan Review 610,922
Surveying 1,646,947
Mapping 257,160
Drafting 180,058
Waterfront Operations/Inspections 262,425
Special Projects 408,990
iluilding Construction
Traffic Engineering Division: 3,679,926
Design and Administration 2,089,596
Operations
Solid Waste Division: 181,043
S.lid Waste Administration 1,432,505
Refuse T)isposal 8,246,710
Refuse Collection 241,814
Sanitation Innpections 520,370
Solid waste Transfer Station 79t9l6
Back Aav Salt Water Project
Total $ 31,044,839
Parks and Recreation:
T)irector of Parks and Recreation $ 341,876
Parks and Maintenance: 173,276
Administration 2,658,454
construction and Maintenance 1,038,023
Parks and Beacnes
(',olf Courses: 515,944
Red Wing Colf Course 383,352
Row Creek Colf Course
owl Creek Municipal Tennis Center 21,481
Boardwalk Trains 18,351
Recreation:
Virginia Reach Recreation center (Kempsville) 930,681
Row Creek Recreation Center 265,657
Administration 388,356
Adult Activities 381,320
-3-
Budget
item of Expenditures 1985-1986
Parks and Recreation: (concltided)
Recreation: (concluded)
Youtli Activities $ 689,980
Atl.iletics 359,363
Shakespeare Festival Program 22,350
Therapetitic Program 281,485
Parks and Recreation Programs - self-Supporting 29,600
Total $ 8 499 549
Library epartment:
Administration:
Administration $ 265,124
Programming and Community Services 50,140
Public Services:
Great Neck Area Library 219,318
Bayside Area Library 231,150
Oceanfront Area Library 206,035
Kempsville Area Library 242,583
Windsor Woods Area Library 234,339
Information Services 491,744
Extension Services 360,784
Special Services 158,913
Collection Management and Aijtomated Services:
Technical Services 434,710
Automated Services 162,139
Collection T)evelopment 568,070
Information Services:
Municipal Reference 120,658
Total $ 3,745,707
Planning T)Ppartment:
Management and Support $ 407,552
Comprehensive Planning 361,079
Overations 411.336
Total $ 1 179 961
Agriculture nepartment:
Administration $ 139,884
VPI Rxtension Services 226,368
Farmers' Produce Market 134,388
Environmental Services 641915
Total $ 565,555
Department of Fconomic I)evelopment:
Director of Economic T)evelopment $ 205,242
Civic Center 76,460
Tourist nevelopment 2,020,068
Indtistrial Development 527,498
Convention Promotion 411,837
Pavilion 1,102,595
Parking T,ots 17,665
Total $ 4,361,365
T)epartment of General Services:
Administration:
Director of General Services $ 158,058
Employee Safety 92,880
Building Maintenance:
Management and qtlpport 3,212,864
Electrical 396,800
'4eat and Air Conditioning 587,564
General Maintenance 1,595,823
Custodial 1,747,545
-4-
Budget
item of Expendittires 1985-1986
Department of General Services: (concluded)
Landscape Division:
Superintendent of Landscape Services $ 303,618
r,rounds Maintenance 1,711,579
Beautificatton 1,238,522
Clean Community 36,243
Reach Maintenance 290,791
Street Cleaning 234,352
Mail Distribution 179,880
Total $ 11 786 519
Boards and Commissions:
reneral Regtstrar $ 370,787
Resort Area Advisory Commission 543,738
MosqAiito Control-Kempsville/Bayside 522,371
mosqtiito Control-Princess Anne 381,098
mosquito Control-Virginia Beacb/Lynnhaven 494,103
Zoning Board of Appeals 14,656
Arts and Humanities Commission 299,409
Mass Transit Operations 720,000
Wetlands Board of Virginia Beach 14,622
T)epartment Volunteer Council 36,036
F,rosion rommission 1.768,931
Total $ 5161 711
Non-Departmental:
Contributions $ 723,349
Employee Training and Special Benefits 415,989
Total $ 1139 338
Fire Department:
Administration $ 404,883
Flre Prevention 961,444
Fire Suppression 10,416,316
Training 379,589
Forestry 10 790
Total $ 12 173 022
Department of Data Processing:
Administration $ 299,749
Systems and Programming 1,168,746
Comptiter Operations 1,945,209
Central Viles 286 937
Total $ 31700@641
Department of Permits
Administration $ 488,778
Housing Code Enforcement 227,588
Building Tnspections 787,543
Zoning Code Enforcement 299,460
WeiF,,hts and Measures 97,356
Total $ 1,900,725
Department of Mental Tlealth:
Board Office $ 246,979
Comprehensive Mental Health:
Program Clinical Support 273,728
Geriatric Services 111,047
Outpatient Services 377,782
Coinmttnity Rehabilitation 608,677
Fmergency Services 395,626
Child and Youth Services 437,442
-5-
Budget
Ttem of Expenditures 1985-1986
Departinent of Mental Health: (concluded)
Mental Retardation/Developmental Disabilities:
Program Support $ 234,622
Residential Services 182,142
Adult Services 299,036
Transportation Program 80,672
Respite Care Program 74,198
Tnfant Stimulation Program 85,495
Substance Abuse Services 868,284
Alcohol Safety Action Program 243,911
Alcohol T)etoxification 264,267
Total $ 4,783,908
Offices:
Information System Coordination Office $ 75,211
Office of Emergency Services 237,756
nffice of Fmergency Medical Services 743,375
Virginia Museum of Marine Sciences 784,113
()ffice of Research and Strategic Analysis 271,086
Office of Audget and Evaluation 458,477
Total $ 2,570,018
Transfers to Other Fundq: $ 121,588,367
Reserve for Contingencies:
Regular $ 500,000
Salary 5,650,000
microcomputers 500pooo
Total $ 6,650,000
TOTAI, CF.NERAL FUND $ 273,044,189
WATER ANT) I.;EWFR FUND:
Department of Public Utilities:
Director's Office $ 253,342
Engineering 2,272,651
Water Production/Resources 7,935,758
Operations Administration 792,673
Water Distribution 2,098,223
Water Production 1,429,747
Sewer Collection 1,803,724
Sever Pump Stations 2,566,117
Customer Services 31495,248
Total $ 22,647,483
Revenue Rond T)ebt Service: $ 9,896,326
Transfer to Other Funds: $ 3,977,828
Reserve for Contingencies:
Regular $ 678,113
Salary 312,305
Total $ 990,418
TOTAL WATER AND SEWER FTTRD $ 37,512,055
-6-
Budget
Item of Expenditures 1985-1986
Sr]4007, OPERATING FUND:
Department of Fducation:
Administration $ 1,619,243
Research, Planning and T)evelopment 405,883
Instruction 88,643,551
other Instructional Costs 11,165,815
Attendance and Health 2,223,323
Pupil Transportation 5,881,968
Operation of School Plant 11,119,524
Maintenance of School Plant 5,965,571
Fixed rbarges 30,261,975
Stimmer School 421,204
reneral Adult Fducation 355,630
Basic Adult Education 251,340
Vocational Adult Fducation 313,672
Capital Outlay 3,0800184
TOTAL EDIICATION $ 161,708,883
LAIJ 1,TRMY FUND:
Library T)epartment:
I.aw Library $ 91,118
Reserve for Contingencies:
Salary $ 2p651
TOTAL LAW LIBRARY FITKD 93,769
(@F,NFRAT, T)FBT FUNT):
Debt Service $ 33,561,852
PEN'nLF,TON MTLD SFRVT(F, CENTER FUND:
Judicial T)epartment:
Pendleton Cbild Service Center $ 584,905
Reserve for Contingencies:
I
.;alary $ 23,204
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 608,109
TTDEWATEP VIRGINIA AI;AP FUND:
Department of Mental Health:
Tidewater Virginia ASAP $ 1,168,421
Reserve for Contingencies:
Salary $ 32,181
TOTAL TIDEWATER VTRGTNIA k,AP FUND $ 1,200,602
COMMJNITY DEVELOPt4FNT FUND:
Fxecutive Department:
Community Development Administration $ 381,203
Rehabilitation Administration 169p296
Total $ 550,499
-7-
Budget
Ttem of Expenditures 1985-1986
Reserve for (',ontingencies:
Salary $ 19,000
TOTAL M?4MITNITY UF@VELOPME@IT FITND $ 569,499
SC"OOL CAPITAL P'ROJECTS FTMD:
Department of Education:
Scbool Construction 1,104,000
ENGINFERI@TG AND HIGHWAYS CAPITAL PROJECTS FUND:
Public Works T)epartment:
Ilighway Construction $ 3 827 640
WATF.R AND SEITER CAPITAL PROJECTS FUND:
Department of Public Utilities:
Water Construction $ 35,000
Sewer Construction 110,000
TOTAL WATER AND SEWER CAPITAL PAOJECTS FUND $ 145,000
TOTAL IIUT)GET $ 513,375,598
Less: Interfund Transfer 125,566,195
NFT BtTnGET 387,809,403
Section 2. Subject to the provisions of Chaper 2, Article 111, of the
Virginia Beach City Code, t'ne salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of permanent positions, shall be the maximum number of positions
authorized for tbe various departments of the City during said fiscal year except
changes or additions authorized by the Council and as hereinafter provided. The
City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not ex-
ceed the respective appropriations made therefor. The City Manager is authorized
to make such rearrangements of positions within and between bureaus, divisions,
and departments named herein, as may best meet the uses and interests of the
City.
Section 3. All collections of delinquent City taxes shall be credited to
the General Fund of the City by the Treasurer.
-8-
Section 4. All collections of local taxes levied shall be credited to the
General Fund of the City. Transfers ahall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section 5. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1986, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1986.
Section 6. No department or agency for which appropriations are made under
the provisions of this Ordinance shall exceed the amount of the appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each budget unit
included in this Ordinance.
The City Manager or the Assistant City Manager for Analysis and Evaluation
is hereby authorized to approve transfers for appropriations within any depart-
ment or between departments in an amount not to exceed $10,000 in any single
transaction, and is further authorized to approve transfers and expenditures from
the Reserve for Contingencies in an amount not to exceed $10,000 in any single
transaction except as herein provided. The City Manager may limit expenditures
to the classes of appropriations as set forth in the budget document or as
required by the State Auditor of Public Accounts if such requirements are dif-
ferent from the classes shown in the budget document. In addition, the City
Manager may transfer appropriations from Reserve for Contingencies, in amounts
necessary, for across-the-board salary increases approved by City Council and
for microcomputers from the microcomputer reserve.
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of the City Government or the former
political subdivisions of Virginia Reach and Princess Anne County.
-9-
Section A. Allowances out of any of the appropriations made in thit
I)rdinance by any or all of the City departments, bureaus or agencies, to any of
tbeir officers and employees for expenses on account of the use by such officers
and etnployeeq of their personal ;atttomobiles in the discharge of their official
duties shall not exceed twenty and one-half cents (20.5cts) per mile of actual tra-
vel for the first 15,000 miles and eleven cents (11cts) per mile for additional
miles of such use within the fiscal year.
Section q. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
r.ity Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals and incidental
expenses. The T)irector of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-sum"
amounts, including payments to employees of the School Board.
Section 10. That this ordinance shall be in effect from and after tne date
of its adoption. I
Section 11. That if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance ts for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
First Reading: May 6, 1985 (AS AMENDED)
Second Peading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
dav of 1985.
-10-
- 22 -
Item II-I.l.b
ORDINANCES ITEM # 23568
FISCAL YEAR 1985-86 OPERATING BUDGET
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council APPROVED an Ordinance, oii FIRST READING, establishing the tax levy
of REAL ESTATE for TAX FISCAL YEAR 1986.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
NoDe
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
- 22a -
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1986
BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1986 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, a rate of eighty cents ($.80) on each one hundred dollars
(9100) of assessed valuation thereof. The real property tax rates which have
been prescribed in this section shall be applied on the basis of one hundred per-
centum of the fair market value of such real property except for public service
real property which shall be on the basis as provided in Section 58 512 1
58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO-
VIDED FOR IN SECTION 58.1-2604 OF THE CODE OF VIRGINIA (1950), AS
AMENDED.
There shall be levied and collected for general purposes for fiscal year 1986
taxes on all Public Service Real Property, which has not been equalized as pro-
vided for in Section 58 S!2.1 58.1-2604, of the Code of Virginia (1950), as
amended, on each one hundred dollars ($100) of assessed valuation thereof at a
rate to be determined in accordance with Section gg 514 2 58.1-2606 of the Code
of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal year
1986 taxes on all real estate certified by the Commonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate
of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The real property tax rates imposed in this section shall be applied on
the basis of one hundred percentum of fair market value of such real property.
May 6, 1985
- 22b -
Sectton 4. CONSTITUTIONALITY.
That if any part or parts, sectton or sections, sentences, clause or phrase
of thts Ordinance is for any reason declared to be unconstitutional or tnvalid,
such decision shall not affect the validity of the remaining portion of thts
Ordinance.
Section 5. EFFECTIVE DATE.
This ordinance shall be tn effect from and after the date of its adoption.
First Readtng: May 6, 1985
Second Reading:
Adopted by the Council of the Ctty of Vtrginia Beach, Virgtnia, on the
day of 1985.
May 6, 1985
- 23 -
Item II-I.I.c.
ORDINANCES ITEM # 23569
FISCAL YEAR 1985-86 OPERATING BUDGET
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council APPROVED an Ordinance, on FIRST READING, establishing the tax
levy oii PERSONAL PROPERTY AND MACHINERY AND TOOLS for the Calendar
Year 1986.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
- 23a -
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1986.
BE IT ORDAINFD BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF IEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1986 calerr-
dar year taxes on all tangible personal property, not exempt from taxation and
not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The rate imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such personal property.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO-
PERTY USED AS MOBTLE HOMES OR OFFICES.
There shall be levied and collected for general purposes for the calendar
year 1986 taxes on all vehicles without motor power as defined in Section 36-71
of the Code of Virginia (1950), as amended, used or designated to be used as
mobile homes or offices or for other means of habitation by any person, a rate of
eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The personal property rates which have been prescribed in this section
shall be applied on the basis of one hundred percentum of the fair market value
of such personal property.
Section 3. AMOUNT OF IEVY ON ALL BOATS OR WATERGRAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on all boats or watercraft under five tons burthen used for busi-
ness or pleasure, at the rate of six dollars ($6) on each one hundred dollars
($100) of assessed valuation thereof. The rate imposed by this section shall be
on the basis of fifty percentum (50%) of the fair market value of such personal
property.
May 6, 1985
- 23b -
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILIT19S" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on all tangible personal property certified by the Commonwealth of
Virginia as "Pollution Control Equipment and Facilities" not exempl from taxa-
tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof. The rate imposed by this section shall be applied on
the basis of fifty percentum (50%) of the fair market value of such personal
property.
Section 5. AMOUNT OF LEVY ON FARM NACHINERY AND IMPLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR TRE
NURTURE OF FARM LTVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1986 calen-
dar year, taxes on all farm machinery and implements, farm tools, and farm live-
stock, including all horses, poultry, and grains and feeds used for the nurture
of farm livestock and poultry, not exempt from taxation, at the rate of one
dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof.
The rate imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such personal property.
Section 6. AMOUNT OF LEVY ON 14ACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1986 for general
purposes taxes on machinery and tools, not exempt from taxation, at the rate of
one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
The tax imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such machinery and tools.
Section 7. AMOUNT OF LEVY ON AIRCRAFT.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all aircraft defined in Section 59 829 5 58.1-3506 of the Code
of Virginia (1950), as amended, at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The tax imposed by this
section shall be applied on the basis of fifty percentum (50%) of the fair market
value of such aircraft.
-2-
May 6, 1985
- 23C -
Section 8. AMOUNT OF LEVY ON ANTIQUE AJJTOMOBILES-
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all antique automobiles defined in Section 46.1-1 of the Code of
Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The tax imposed by this section
shall be applied on the basis of fifty percentum (50%) of the fair market value
of such antique automobiles.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all heavy construction machinery as defined in Section 58 929 9
58.1-3506 of the Code of Virginia (1950), as amended, at the rate of six dollars
($6) on each one hundred dollars ($100) of assessed valuation thereof. The tax
imposed by this section shall be applied on the basis of fifty percentum (50%) of
the fair market value of such heavy construction equipment.
Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE-
PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all Research and Development Business tangible personal pro-
perty, not exempt from taxation, at the rate of one dollar ($l) on each one hun-
dred dollars ($100) of assessed valuation thereof. The tax imposed by this sec-
tion shall be applied on the basis of fifty percentum (50%) of the fair market
value of such Research and Development Business tangible personal property.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all energy conversion equipment defined in Section 58 831 01
58.1-3506 of the Code of Virginia (1950), as amended, at the rate of one dollar
($l) on each one hundred ($100) of assessed valuation thereof. The tax imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such energy conversion equipment.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
There shall he levied and collected for the calendar year 1986 for general
purpose taxes on all computer hardware used by busineases primarily engaged in
-3-
May 6, 1985
- 23d -
providing data processing service to other nonrelated or nonaffiliated busi-
nesses, not exempt from taxation, at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The tax imposed by this
section shall be applied on the basis of fifty percentum (50%) of the value of
such computer hardware to be determined as specified in Section 58 829 9
58.1-3506 of the Code of Virginia, as amended.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT
USED FOR RFCREATIONAL PTJRPOSES ONLY.
There shall be levied and collected for the calendar year 1986 for general
purpose taxes on all privately owned pleasure boats and watercraft used for
recreational purposes only, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The rate imposed by this section
shall be on the basis of fifty percentum (50%) of the fair market value of such
personal property.
Section @ 14. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 44 15. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1986.
First Reading: May 6, 1985
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1985.
-4-
May 6. 1985
- 24 -
Item II-I.l.d.
ORDINANCES ITEM # 23570
FISCAL YEAR 1985-86 OPERATING BUDGET
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to amend and reordain Section 35-181 and add
Section 35-183.1 to Chapter 35, Article Vlll of the Code of the City of
Virginia Beach, Virginia, pertaining to ADMISSIONS TAX.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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 Votiiig Nay:
Noiie
Council Members Absent:
Mayor Harold Heischober May 6, 1985
24a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-181 AND ADD SECTION
35-183.1 TO CHAPTER 35 ARTICLE VIII
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
ADMISSIONS TAX
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP
VIRGINIA BEACH, VIRGINIA, THAT SECTION 35-181 IS HEREBY AMENDED
AND REORDAINED AND SECTION 35-183.1 IS HEREBY ADDED AS
FOLLOWS:
Section 35-181. Definitions.
The following words and phrases, when used in this
article, shall, for the purposes of this article, have the
meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Admission charge. "Admission chargew means the charge
made for admission to any amusement or entertainment, exclusive
of any federal tax thereon, including a charge made for season
tickets, to all clubs and organizations for amusement and
entertainment.
City treasurer. 'City treasurer' means the tieasurer
of the city and any of his duly authorized deputies and agents.
Comissioner of revenue. "Commissioner of revenue'
means the commissioner of revenue of the city and any of his duly
authorized deputies and agents.
Place of amusement or entertairanent. "Place of
amusement or entertainment" means any place in the city
wherein or whereat any of the following, or amusements or
entertainments similar to the following, are located, conducted,
performed, exhibited and operated: Circuses, carnivals,
menageries, amusement parks, moving-picture shows, fairs, shows
and exhibitions of all kinds; dances; basketball, football,
wrestling, boxing and sports of all kinds; swimming pools,
bowling alleys, roller rinks, golf courses, miniature golf
esurses, charter boats, drift boats, party boats solely operated
within the corporate limits and within one mile into the adjacent
May 6, 1985
24b
waters, and other such things of a similar nature; concerts#
theatrical, vaudeville, dramatic, operatic and musical
performances and performances similar theretoi lecturesf talks?
literary readings, and performances similar thereto? such
attractions as merry-go-rounds, Ferris wheels, roller coasterst
leap-the-dips and the like, and all other public amusements#
performances and exhibitions not specifically named herein; and
any roof garden, cabaret or other similar place furnishing a
public performance for profit, which shall include any room in
any hotel, restaurant, hall or other public place where music and
dancing privileges or any other entertairanent is offered.the
patron in connection with the serving or selling of food,
refreshments or merchandise. A performance shall be regarded as
being furnished for profit for purposes of this article even
though the charge made for admission, refreshment service or
merchandise is not increased by reason of the furnishing of such
performance.
Special tax auditor. "Special tax auditor" means the
special tax auditor of the city and any of his duly authorized
deputies and agents.
Se tion 35-183.1. Exception for certain participatory sports..
Notwithstanding an-v other section of th s article,
there shall be no tax payable on charges made for._participating
in the followi ory si2orts: golf courses, tennis,
bow Q, and roller skating. However, admission
ch erving these sports shall be sub &X.
Adopted by the City Council of the City of Virginia
Beach, Virginia on the 6 day of May 1985.
AS TO
$IGNATU
MES/re
4/25/85
(ORD 1) APPi@CVC;j -,'j FORM
@CctsWAfURE
CITY ATTORNFY
-2-
Ma
- 25 -
Item 11-I.I.e.
ORDINANCES ITEM # 23571
COMt4ERCIAL UTILITY TAX
Councilwoman Henley referenced the COMMERICAL UTILITY TAX RATE STRUCTURE
to be addressed at the Council Meeting of May 13, 1985.
The City Attorney advised Councilwoman Henley that this Ordinance would entail
TWO (2) READINGS and would become effective July 1, 1985.
May 6, 1985
- 26 -
Item II-1.2
ORDINANCES ITEM # 23572
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance to amend and reordain Chapter 10, Sections
10.1 and 10.2 of the Code of the City of Virginia Beach pertaining to
ELECTION DISTRICTS AND VOTING PLACES within the City of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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
CouLicil Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober
May 6, 1985
- 26a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 10, SECTIONS 10.1 AND 10.2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO ELECTION
DISTRICTS AND VOTING PLACES WITHIN
THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 10, Section 10.1 and 10.2 of the Code of
the City of Virginia Beach is hereby amended and reordained as
follows:
Section 10-1. Establishment of election districts and voting
places.
There are hereby established in the City of Virginia
Beach the following election districts and their respective
voting places, as set forth below:
ELECTION DISTRICT VOTING PLACES
Alanton Alanton Elementary School
Aragona Genterville-Blementary-Sehool
Adult Learning Center
Arrowhead Arrowhead Elementary School
Bayside Bayside Elementary School
Bellamy Indian Lakes Elementary School
Blackwater Blackwater Fire Station .
Bonney Center for Effective Learning
Brandon Brandon Junior High School
Cape Henry Research and Enlightenment Building
Capps Shop Mosquito Control Building
Chesapeake Beach Chesapeake Beach Fire Station
May 6, 1985
- 26b -
College Park College Park Elementary School
Courthouse Courthouse Fire Station
Creeds Creeds Fire Station
Davis Corner Bettie F. WilliamS Elementary School
Fairfield Fairfield Elementary School
Great Neck John B. Dey Elementary School
Green Run Green Run Elementary School
Holland Holland Elementary School
Homestead Providence Presbyterian Church
Kempsville Point of View Elementary School
Kings Grant Kings Grant Elementary School
Kingston Kingston Elementary School
Lake Christopher New Covenant Presbyterian Church
Lake Smith Shelton Park School
Larkspur Kempsville Meadows Elementary School
Little Neck King's Grant Presbyterian Church
Linkhorn binkhern-Park-Blementary-Sekeel
The E;:OnseSl@ical Lutheran Church of the
epnera
London Bridge London Bridge Baptist Church
Lynnhaven Lynnhaven Colony United Church of
Christ
Magic Hollow Roma Lodge #254
Malibu Malibu Elementary School
Mt. Trashmore Windsor Woods Elementary School
Oceana Virginia Beach Moose Lodge #1998
Ocean Park Bayside Christian Church
Old Donation Old Donation Center for Gifted
Pembroke Pembroke Meadows Elementary School
Plaza Lynnhaven Elementary School
Providence Kempsville Recreation Center
Red Wing Fire Training Center
Salem word of Life Christian Center
Seatack Seatack Elementary School
Shannon Kempsville Elementary School
Sigma Sandbridge Fire Station
-2- May 6, 1985
- 26c -
Stratford Chase Calvary Assembly of God
Thalia Thalia Elementary School
Thoroughgood Independence Junior High School
Timberlake White oaks Elementary School
Trantwood Trantwood Elementary School
virginia Beach - A Galilee Episcopal Church
virginia Beach - B Virginia Beach Junior High School
virginia Beach - C Cooke Elementary School
windsor Oaks Windsor oaks Elementary school
Witchduck Luxford Elementary School
Wolfsnare Reejeney-Glubhouse
Eastern shore Chapel
Woodstock Avalon Church of Christ
Central Absentee Voter
Election District Agriculture/voter Registrar Building
Section 10-2. Map of election districts.
(a) The geographical boundaries of the election
districts set forth in section 10-1 are hereby established as
delineated on a certain map, revised , 1985, prepared by the
planning staff of the city and captioned "Election Districts," which
map is hereby approved.
(b) The clerk of the council shall endorse on the map
referred to in subsection (a) above the date of the council's
approval thereof and file the original map, with the minutes of
the meeting at which such map was approved, in the records of his
office, and shall cause exact copies thereof to be filed with the
general registrar of the city, the clerk of the circuit court and
the planning department.
This ordinance shall be effective upon approval by the
United States Attorney General under the Voting Rights Act of
1965.
Adopted by the Council of the City of Virginia Beach on
the 6 day of May 1985. APP.40',/L;@
JDB/da SIGN:' TU:R@,
(A)
3/28/85
DEPA7@'riVIC-@4,r----
-3- AS Tg Ff7f@l,,l
17
- 27 -
Item 11-J.
CONSENT AGENDA ITEM # 23573
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items I through 9 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 28 -
Item II-J.1
CONSENT AGENDA ITEM # 23574
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a Resolution authorizing the City Manger to execute an
amendment to the FRANCHISE AGREEMENT between the City of Virginia Beach
and the VLRGINIA BEACH FISHING PIER, INC. and VIRGINIA BEACH AMUSEMENT
COMPANY, dated May 14, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 28a-
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE FRANCHISE
AGREEMENT BETWEEN THE CITY OF VIRGINIA
BEACH AND THE VIRGINIA BEACH FISHING
PIER, INC. AND VIRGINIA BEACH AMUSEMENT
COMPANY, DATED MAY 14, 1982
WHEREAS, virginia Beach Fishing Pier, Inc. and Virginia
Beach Amusement Company (hereinafter the 'Franchisees') were
granted a Franchise Agreement from the City permitting the
operation of a pier and related business activities on the pier
located in the Virginia Beach borough connecting into the
boardwalk and projecting into the Atlantic Ocean at 15th Street;
and
WHEREAS, the provisions of this Franchise Agreement
limited the types of businesses that can be conducted on the
pier; and
WHEREAS, the Franchisees have requested permission to
operate a photo shop instead of a bath house on the pier,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to execute an
amendment to the Franchise, dated May 14, 1982, effectuating a
change to paragraph 8 allowing the operation of a photo shop
instead of a bath house.
Adopted by the Council of the City of Virginia Beach,
Virginia, gy 6, 1985.
RES.3
RJN/da
4/26/8 5
4/29/85
A@IP,'OVZ@D AS TO CONTENT
SIG;@AfURE
'T
TORNEY
May 6, 1985
1
THIS AGREEMENT, made on the 14th day of May, 1982, and
mended on this day of 1985, by and between
a
the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, hereinafter called the City, and
VIRGINIA BEACH FISHING PIER, INC., a Virginia stock corporation,
which owns and operates a wooden fishing pier structure which
Projects into the waters of the Atlantic Ocean at 15th Street in
the City of Virginia Beach, Virqinia, and VIRGINIA BEACH
AMUSEMENT COMPANY (also known as VIRGINIA BEACH FISHING PIER AND
AMUSEMENT CO.), a Virginia general partnership, which owns
certain real property located at 15th Street and Atlantic Avenue
in virginia Beach, Virginia. Both companies hereinafter
collectively referred to as the Pier and Amusement Company;
WITNESSETH THAT:
WHEREAS, in settlement of a controversy between the City
and the Pier and Amusement Company which has its roots in a
franchise issued to the Pier and Amusement Company's predecessor
in title by the City Council of the City on May 14, 1962 (a copy
of which is attached hereto and made a part hereof and is marked
"Exhibit A") permitting the construction and operation of a pier
at said location, same being a replacement structure for a pier
which had existed and been operated by the Pier and Amusement
Company prior thereto, the controversy involving, among other
thinqs, franchise fees due the City by the Pier and Airusement
Company and the validity of the May 14, 1962 grant;
NOW, THEREFORE, the parties, having compromised, settled
and satisfied all matters in dispute between them, do hereby set
forth a written memorial of that aalreetment, and hence do agree as
follows:
1. The Pier and Amusement Company acknowledges the
rights of the City and of the public to the use of the beach area
between the platted lot lines of the property of the Pier and
Amusement Company and the Atlantic Ocean and the right of the
City to reasonably regulate same in the public interest, same
being recognized as havinq been dedicated as a public recreation
easement.
2. Except as may be amended herein, the parties
acknowledge and agree to be bound and obligated by the terms,
conditions, limitations, rights and duties stated in the
invitation to bid and the bid (hereinafter called "franchise")
contained in the minutes of the City Council of the City of
Virginia Beach on May 14, 1962, a copy of which is attached
hereto and made a part hereof as if fully stated herein, and is
marked "Exhibit A".
3. The parties agree that pursuant to Section 15.1-314
of the Code of Virginia 1950 as amended, the franchise described
in "Exhibit A," which was to expire and terminate on.May 14,
1982, shall be extended for a term of Five (5) years, until May
-2-
13, 1987, and that during the period of the extension of the
franchise the parties shall be subject to the provisions of
"Exhibit A" as well as this contract.
4. The Pier and Amusement Company agrees to pay to the
City the sum of Fifteen Thousand Dollars ($15,000.00), which sum
represents unpaid and past due franchise fees. The Pier and
Amusement Company further agrees that it will pay the City the i
sum stated in this paragraph, without demand, immediately after
this contract has been signed by the parties hereto.
5. The City hereby releases the Pier and Amusement
Company from claims for any remaining past due franchise fees in
excess of the sum stated in paragraph Four (4) above, the parties,
recoonizinq that any past due fees in excess of that sum are
barred by the statute of limitations.
6. The parties agree that during the term of the
extension of the franchise, the Pier and Amusement Company shall
i! pay to the City a fee of Three Thousand Dollars ($3,000.00)
annually. The said annual fee shall be paid, without demand, to
the Treasurer of the City of Virginia Beach in the following
installments on or before the following dates:
Installment Period: Date fee to be paid:
May 14, 1982 thru May 13, 1983 May 14, 1982, or
iinmediately after this
contract is signed by
the parties hereto
(whichever is later)
-3-
May 14, 1983 thru May 13, 1984 May 14, 1983
May 14, 1984 thru May 13, 1985 May 14, 1984
May 14, 1985 thru May 13, 1986 May 14, 1985
May 14, 1986 thru May 13, 1987 May 14, 1986
7. The Pier and Amusement Company acknowledges that in
addition to the aforesaid franchise fee its operations are
subject to all other applicable laws, including, but not limited
to state and municipal ordinances relating to noise and
nuisances, permits and licensing, license taxes, admissions
taxes, and sales taxes.
8. The Pier and Amusement Company hereby agrees and it
is distinctly understood that no business activities shall be
allowed or conducted or operated on the pier except the
followina:
a) rental and sale of tackle and bait for fishing, both
natural and artifical
b) restaurant, the space of which shall not exceed an
area of 4,600 square feet
c) kite shop
d) beach and gift shop
e) photo shop
f) game room
9) bicycle rental
9. It is hereby agreed and expressly understood that
on and after December 31, 1982, The Pier and Amusement Company
-4-
will not itself conduct or permit nor allow others to conduct or
permit any nuisance, dancing, music, unreasonable noise or other
sounds which are audible outside the buildings or structures
located on the pier.
10. It is hereby agreed and expressly understood that
the rights, duties and privileges, and interest granted herein,
shall not be assignable without the consent and prior written
approval of the City of Virginia Beach.
11. If any provision(s) of this contract is declared
invalid by any tribunal, the remaining provisions of..the contract
I shall not be affected thereby.
12. It is expressly understood that the City reserves
the right to terminate, and/or cancel this franchise at any time
The Pier and Amusement Company violates or fails to comply with
any of the terms, conditions or duties stated in the invitation
to bid, the franchise dated May 14, 1962 (Exhibit "A") or this
contract.
13. This contract represents the complete agreement of
the parties and may not be changed, modieied, amended, enlarged
or extended unless so stated in writinq, and signed by the
parties, and where required by law, approved by the City Council
of the City of Virqinia Beach.
WITNESS the followinq signatures and seals.*
CITY OF VIRGINIA BEACH
By
Thomas B. Muehlenbeck
City Manager
Attest:
Ruth Hodge's Smith
City Clerk
L--, VIRGINIA BEACH FISHING PIER, INC.
By
Vresi ent
Sa@ acL'@.an,'
VIRGINIA BEACH AMUSEMENT COMPANY
(Also known as VIRGINIA BEACH
FISHING PIER AND AMUSEMENT CO.)
By
Albert L. Bonney
General Partner
By
@ildred Lathman
General Partner
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 Manaqer, and RUTH HODGES SMITH, City
Clerk, for the City of Virginia Beach, whose names as such are
signed to the foregoing writing bearing date on the day of
19 have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this day of 1985.
My Commission Expires: o@tary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
a Notary Public
in and for the City and State aforesaid do hereby certify that
SAM LACHMAN, President of the VIRGINIA BEACH FISHING PIER, INC.,
whose name as such is signed to the foregoing writing bearing
date on the --71'day of 19 k, has acknowledqed the
same before me in my City and State aforesaid.
Given under my hand this :-.,5-'@-day of /7 1985.
Not'ary Public
my Commission Expires:
-7-
STATE OF VIRGINIA
CITY OF VIRGINIA BEA@
I, a Notary Public
in and for the City and State aforesaid do hereby certify that
LBERT L. BONNEY, General Partner of the VIRGINIA BEACH AMUSEMENT:
A
COMPANY whose name as such is signed to the foregoing writing
bearing date on the day of 19-, has
acknowledged the same before me in mv C-i-ty and State aforesaid.
I
Given under my hand thi. @@-'day of 1985.
v
///Z
@No ry Pub@,le
my Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
1, , a Notary Public
in and for the City and State aforesaid do hereby certify that
MILDRED LACHMAN, General Partner of the VIRGINIA BEACH AMUSEMENT
COMPANY, whose name as such is signed to the foregoing writing
bearing date on the day of t 19 _ , has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of 1985.
Notary Public
My Commission Expires:
( - T- --
5/2 6/8 2
8/4/82
- 29 -
Item II-J.2
CONSENT AGENDA ITEM # 23575
Upon motion by Councilwoman Oberndorf, seconded by Councilmaii McCoy, City
Council ADOPTED an Ordinance to amend and reordain Section 17-19(a) of
Chapter 17 of the Code of the City of Virginia Beach pertaining to the
assessment for the use of the PUBLIC LAW LIBRARY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober May 6, 1985
- 29a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 17-19(a) OF CHAPTER 17 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE ASSESSMENT
FOR THE USE OF THE PUBLIC LAW LIBRARY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 17-19(a) of Chapter 17 is hereby amended
and reordained to read as follows:
Section 17-19. Established; imposition of assessment of
additional court costs tO support library.
(a) Pursuant to Section 42.1-70 of the Code of
Virginia, the city hereby creates and established establishes a
public law library and, for the support thereof, does hereby
impose and provide an assessmentt as part of the costs incident
to each civil action filed in the courts located within the
boundaries of the city in the sum of twe-dellara-+"Too@ three
doll rs ($3.00) for each civil action so filed.
(b) The assessment provided for herein shall be in
addition to all other costs prescribed by law, but shall not
apply to any action in which the commonwealth or any political
subdivision thereof or the federal government is a party, and in
which the costs are assessed against the commonwealth, any
political subdivisions thereof or the federal government.
This ordinance shall be effective on and after July 1,
1985.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 6 day of May 1985.
CLL/re
4/30/85
(ORD I)
APPROVED AS TO CONTENT
II.I.Tll
,,,_ @.,Nl May 6, 1985
- 30 -
Item II-J.3.
CONSENT AGENDA ITEM # 23576
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an ordinance to transfer funds of $205.00 from the Water
and Sewer Fund's reserve for contingencies to the Administration Division
for reimbursement of LEGAL EXPENSES incurred by a City Employee in the
performance of her duties.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 30a -
AN ORDINANCE TO TRANSFER FUNDS OF $205
FROM THE WATER AND SEWER FUND'S RESERVE
FOR CONTINGENCIES TO THE ADMINISTRATION DIVISION
FOR REIMBURSE14ENT OF LEGAL EXPENSES INCURRED
BY A CITY EMPLOYEE IN THE PERFORMANCE OF
HER DUTIES
WHEREAS, a Virginia Beach employee was involved in an
accident and charged with reckless driving while performing her duties,
and
WHEREAS, the employee incurred legal fees of $205 in
preparing her defense, and
WHEREAS, the Traffic Court dismissed the case, and the
C.U.R.E.D. Board found the accident to be non-preventable, and
WHEREAS, the employee is seeking reimbursement from the
City for her legal fees in accordance with Section 15.1-9.2:1 of the
Code of Virginia, and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $205 be transferred from
the Water and Sewer Fund's Reserve for Contingencies to the
Administration Division for legal fees involving the above incident.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
V-rginia on the Sixth day of May 1985.
APPROVED AS TO CONTENT
ENIT
TO
i @
R@!gy
RATS 17/ORDI May 6, 1985
- 31 -
Item II-J.4
CONSENT AGENDA ITEM # 23577
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize a temporary Encroachment onto
City property known as LINKHORN NEIGHBORHOOD PARK to WILLIAM B. DOTSON
and VIRGINIA A. DOTSON, their heirs, assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner agrees that should the encorachment ever
be fouiid to be in conflict with the intentions of
the Department of Parks and Recreation, he will be
responsible for removal of the encroachment and to
reestabish a 12-foot wide driveway onto property
of the owner.
5. This encorachment shall not be in effect uiitil an
agreement has been executed encompassing the above
conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober May 6, 1985
- 31a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT ONTO CITY PROPERTY KNOWN
AS LINKHORN NEIGHBORHOOD PARK TO WILLIAM B.
DOTSON AND VIRGINIA A. DOTSON, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, William B. Dotson and virginia A. Dotson, their heirs,
assigns and successors in title are authorized to construct and
maintain a temporary encroachment onto City property known as
Linkhorn Neighborhood Park.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a concrete
driveway to serve their residence located at 1780 Valhalla Arch
in Virginia Beach 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 City
property known as Linkhorn Neighborhood
Park, as shown on that certain plat
entitled: 'PHYSICAL SURVEY OF LOT 20,
SUBDIVISION OF LINKHORN COVE, SECTION
FOUR VIRGINIA BEACH, VA. FOR WILLIAM B.
DOTSON & VIRGINIA A. DOTSON,L a copy of
which is on file in the Department of
Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
virginia Beach to William B. Dotson and virginia A. Dotson, their
heirs, assigns and successors in title and that within thirty 30
days after such notice is given, said encroachment shall be
removed from the City property known as Linkhorn Neighborhood
Park and that William B. Dotson and Virginia A. Dotson, their
May 6, 1985
- 31b -
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 William B. I)otson and Virginia A. Dotson, their
heirs, assigns and successors in title shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees
from and against all claims, damages, losses, and expenses
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that William B. Dotson and Virginia A.
Dotson 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 6 day of May 19 85.
MES/re
1/17/85
(29E)
APPROVED AS TO COI\ITEi.'T
-2-
May 6, 1985
- 31c
'r"ig 12 TO C. TIFY THAT 1. ON JULY 26, 1983
BU*V&Yao
THK P'ROPK*TY GNOWN ON THIS PLAY. AND THAT THR TITLE Limas AND THC WALLS OF THit
DUiLDlt4G8 ARC SHOWN ON THIS PL.AT.
'r"g BUILDINC.8 STAND OTRICTLY WITH#M THK TOTLK UNas
llpOCROACHMENTG Oft VISIOLK SASKMENTS. KXCK,.T AS ^Rii. No
OWNED
NOTE:
Ao"o Smalor wft k
10 lbe side nd mar M.es @i I k, SHOWN bg,,Go S, dwk T.
he 0. Ciy
So V'rl'"'- 81-ck V&. also lbr t*csrdoose at me U",Iw. f,. "ch
lims 101 is for tk lostall-ti" "d/" el UNII. d
14
PHYSICAL SIJAVEY
OF
LOT 20, SUBDIVISION OF LINKHORN COVE, SECTION FOUR
VIRGINIA BEACH, VA.
FOR
WILLIAM B. DOTSON & VIRCINIA A. DOTSON
SCALE: 1" - 30- JULY 26, 1983
NOTE: FOR PLAT SEE
M.B. 136, PG. 18
ALTON M. 13UTLER
LA,40 . P.C.
ViNGINIA DFACK vA.
- 32 -
Item II-J.5.
CONSENT AGENDA ITEM # 23578
Upon motion by Councilwoman Oberndorf, seconded by Couiicilman McCoy, City
Council APPROVED the Low Bid of McKENZIE CONSTRUCTION CORPORATION in the
amount of $207,800.00 for the LANDSTOWN SHOP IMPOVEMENTS - WATER PUMP SHOP
PROJECT; AND, AUTHORIZED the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Healey, 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:
Mayor Harold Heischober
May 6, 1985
- 33 -
Item II-J.6
CONS,ENT AGENDA ITEM # 23579
Upon motion by Councilwoman Oberadorf, seconded by Councilman McCoy, City
CounciL APPOVED the Low Bid of HEALTHCO DENTAL SUPPLY in the amount of
$109,965.83 for the HUMAN RESOURCES BUILDING-DENTAL EQUIPMENT PROJECT;
AND, AUTHORIZED the City Manager to enter into the necessary agreements
for the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Pentress, Barbara
M. Henley, H. 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:
Mayor Harold Heischober
May 6, 1985
- 34 -
Item II-J.7
CONSENT AGENDA ITEM # 23580
Upon motion by Councilwoman Oberndorf, seconded by Councilmaii McCoy, City
Council APPROVED the Low Bid of RICHARD BEACH BUILDER, INC., in the amount
of $622,056.00 for the WOODSTOCK PARK PROJECT; AND, AUTHORIZED the City
Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 35 -
Item II-J.8
CONSENT AGENDA ITEM # 23581
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED the following BINGO/RAFFLE PERMITS:
LTNITED FILIPINO'S ORGANIZATION BINGO/RAFFLE
PRINCESS ANNE ROTARY CLUB RAFFLE
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, 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:
Mayor Harold Heischober
May 6, 1985
- 36 -
Item II-J.9
CONSENT AGENDA ITEM # 23582
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing Tax Refuiids in the amount of
$568.11 upon application of certain persons and upon certification of
the City Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Henley, H. Jack Jenniiigs, 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:
Mayor Harold Heischober
May 6, 1985
RM NO. C.A. 7 36a - 4/22/85 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Year of Tax Number tion No. Paid
Heman M Dudl ey 82 RE(1/2) 21892-8 12/3/81 7.98
Heman M Dudl ey 82 RE(2/2) 21892-8 6/5/82 7.98
Herman M Dudl ey 83 RE(1/2) 22780-0 12/5/82 8.87
Herinan M Dudley 83 RE(2/2) 22780-0 6/5/83 8.87
Hennan M Dudley 84 RE(1/2) 23837-0 12/5/83 8.87
Heman M Dudl ey 84 RE(2/2) 23837-0 6/5/84 8.87
Herman M Dudley 85 RE(1/2) 25659-9 11/29/84 9.88
Gene S Meekins 85 RE(1/2) 60541-8 12/5/84 36.00
Clifford Love 85 RE(1/2) 47545-1 11/1/84 7.46
Structures of Va Inc 85 RE(1/2) 88377-8 12/5/84 11.48
John W Marshall 81 pp 77096 3/12/85 68.49
Kevin M & Pamela Smith 84 pp 200185-0 4/3/85 136.22
Carl & J D Santti 81 pp 105553 4/12/85 14.60
Ilona B & Leslie Kovacs 84 pp 87155-8 4/1/85 20.10
Prinhasp Inc 84 pp 196525-9 4/10/85 71.12
Adjusters Autc- Pental 84 pp 171948-1 12/5/84 136.32
Robert Ives 85 Dog V8434 3/29/85 5.00
Total 568.11
APR 24 M
DEP@T OE LAW,'@
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling C d as to pay
$568,11 were approved by
the Council of the City of Virginia
Beach on the 6 day of May 1985
j . T. A
Approved as t
Ruth Hodges Smith
City Clerk
D@ie-Bim-son@ Ci@t-y--Attorney
- 37 -
Item II-K.1
RAVEN RESTAURANT ITEM # 23583
Attorney Grover Wright represented the applicant
The City Manager requested Council's concurrence with the granting of
ADMINISTRATIVE APPROVAL to the RAVEN RESTAURANT to ENCROACH into portions
of the City's right-of-ways on Atlantic Avenue and 12th Street for the
purpose of enclosing an existing patio in the sidewalk area. The City
Manager's review of the request reflects no enlargement of the encroachment.
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council CONCURRED with the ADMINISTRATIVE APPROVAL granted the RAVEN
RESTAURANT to Encroach iiito portions of the City's right-of-ways of
Atlantic Avenue and 12th Street.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara
M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice
Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Council Members Absent:
Louis R. Jones, Mayor Harold Heischober, aiid
J. Henry McCoy, Jr., D.D.S.
May 6, 1985
- 38 -
Item II-K.2
UNITED WAY FAMILY CENTER ITEM # 23584
TAX EXEMPT STATUS
BY CONSENSUS, City Council authorized the City Accessor to resolve the TAX
EXEMPT STATUS of the UNITED WAY FAMILY CENTER ADMINISTRATIVELY.
May 6, 1985
- 39 -
Item II-K.3
UNFINISHED BUSINESS ITEM # 23585
Transfer Station Location
Lynda Keilty, resident of the Kempsville Borough, representing 280 citizens
of Lake James/New Light Farms/Brandon and Homestead, opposed to location
of REFUSE TRANSFER STATION at Centerville Turnpike near the iiltersection of
Interstate 64 and Indian River Road. Mrs. Keilty presented a petition in
opposition to this location (said petition is hereby made a part of the
record).
John Tildou, resident of Windsor Oaks West, spoke in oppostion to location
of a REFUSE TRANSFER STATION at Independence Boulevard and Holland Road
next to Mount Trashmore. Mr. Tildou presented a petition in opposition
containing 198 signatures (said petition is hereby made a part of the
record).
Thomas Jennings, representing Newlight Community and Civic League, spoke
in opposition to Centerville Turnpike location of the REFUSE TRANSFER
STATION.
Gary Byler, represerited a group of citizens in the Larkspur area and commercial
developers, spoke in Opposition to PLAN B, lndependence Boulevard at Kenner Lane
Attoraey Robert Cromwell, represented owners of properties on Bonney Road, spoke
in oppostion to SITE A - BENDIX ROAD
Attorney Glenn Croshaw, represented developers of an apartment complex immediately
adjacent to the Mount Trashmore Site as well as several commercial developers
along the Independence Boulevard/Holland Road site.
Harry R. Purkey, registered, but did not speak
Larry Tandoi, respresented residents of Lake James
As per the request of the Executive Director of the SOUTHEASTERN PUBLIC SERVICE
AUTHORITY, Durwood Curling, Council will defer consideration of the TRANSFER
STATION LOCATION.
The SOUTHEASTERN PUBLIC SERVICE AUTHORITY will review the OPTIONS proposed by
the City Staff and determine if there are other options SPSA can suggest.
The final decision concerning location would be by CITY COUNCIL.
May 6, 1985
- 40 -
Itern 11-L. I
NEW BUSINESS ITEM # 23586
AICUZ CONSULTANT PRESENTATION
The City of Virginia Beach desires the services of a consultant to analyze
those tracts of land as designated by the City south and west of the Oceana
Naval Air Station which are either adjacent or impacted by the AICUZ
development easements.
The City Manager distributed to the Members of City Council a REQUEST FOR
PROPOSAL for Consultant Services related to the AICUZ Study (said RFP is hereby
made a part of the record).
BY CONSENSUS, City Council AUTHORIZED the City Manager to secure a REQUEST
FOR PROPOSAL for an AICUZ Consultant.
May 6, 1985
- 4 1 -
Item Ii-L.2
NEW BUSINESS ITEM # 23587
HYPERTENSION CONTROL
PROGRAM
After ADJOURNMENT, representatives of the City's Health Department in observafice
of NATTONAL BLOOD PRESSURE MONTH checked the BLOOD PRESSURE of Members of City
Council.
May 6, 1985
- 42 -
lteni ii-M. I
ADJOURNMENT ITEM # 23588
Upon motion by Cou@,cilma@) Bauni, 1/2eco@ided by Cou,@ciliiia,i Louis Jo.es, City
Couticil ADJOURNED tlie MeeLiL@g aL 4:48 p.ill.
Votilig: 10-0
Couiicil Members Votii@g Aye:
Jc)l),@ A. Bauiu, Na,icy A. Creecli, RoberL E. Feitress, Barbzii:a
M. lleiiley, It. Jack Jeii(ii,@gs, Jr. , Louis R. Joiies, Robet:L C.
Jo,ies, Vice Mayor Reba S. McClati@iri, J. He,@ry McCoy, Jr., D.D.S.,
atid Meyera E. Obertidorl
Cout@cil Menibers Votiiig Nay:
Noiie
Couficil Menibers Abse@it;
Mayor Harold Heischober
Beverly'70. Hooks
Chief DePULy CiLy Clerk
odges Sm Ii, CMC ViLe Mayor Reba S. McClanan
City Clerk
City of Virgitiia Beach May 6, i985
Virginia
/bh